IIA

104TH CONGRESS

1ST SESSION H. R. 1361

IN THE SENATE OF THE UNITED STATES

MAY 11 (legislative day, MAY 1), 1995

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

AN ACT

To authorize appropriations for fiscal year 1996 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 Year 1996’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—AUTHORIZATIONS

Sec. 101. Authorization of appropriations.

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

Sec. 103. Quarterly reports on drug interdiction.

Sec. 104. Ensuring maritime safety after closure of small boat station or reduction to seasonal status.

TITLE II—PERSONNEL MANAGEMENT IMPROVEMENT

Sec. 201. Hurricane Andrew relief.

Sec. 202. Exclude certain reserves from end-of-year strength.

Sec. 203. Provision of child development services.

Sec. 204. Access to national driver register information on certain Coast Guard

personnel.

Sec. 205. Officer retention until retirement eligible.

TITLE III—NAVIGATION SAFETY AND WATERWAY SERVICES

MANAGEMENT

Sec. 301. Foreign passenger vessel user fees.

Sec. 302. Florida Avenue Bridge.

Sec. 303. Renewal of Houston-Galveston Navigation Safety Advisory Committee

and Lower Mississippi River Waterway Advisory Committee.

Sec. 304. Renewal of the Navigation Safety Advisory Council.

Sec. 305. Renewal of Commercial Fishing Industry Vessel Advisory Committee.

Sec. 306. Nondisclosure of port security plans.

Sec. 307. Maritime drug and alcohol testing program civil penalty.

Sec. 308. Withholding vessel clearance for violation of certain Acts.

Sec. 309. Increased civil penalties.

Sec. 310. Amendment to require emergency position indicating radio beacons

on the Great Lakes.

Sec. 311. Extension of Towing Safety Advisory Committee.

TITLE IV—MISCELLANEOUS

Sec. 401. Transfer of Coast Guard property in Traverse City, Michigan.

Sec. 402. Transfer of Coast Guard property in Ketchikan, Alaska.

Sec. 403. Electronic filing of commercial instruments.

Sec. 404. Board for correction of military records deadline.

Sec. 405. Judicial sale of certain documented vessels to aliens.

Sec. 406. Improved authority to sell recyclable material.

Sec. 407. Recruitment of women and minorities.

Sec. 408. Limitation of certain State authority over vessels.

Sec. 409. Vessel financing.

Sec. 410. Sense of Congress; requirement regarding notice.

Sec. 411. Special selection boards.

Sec. 412. Availability of extrajudicial remedies for default on preferred mortgage liens on vessels.

Sec. 413. Implementation of water pollution laws with respect to vegetable oil.
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Sec. 414. Certain information from marine casualty investigations barred in

legal proceedings.

Sec. 415. Report on LORAN–C requirements.

Sec. 416. Limited double hull exemptions.

Sec. 417. Oil spill response vessels.

Sec. 418. Offshore facility financial responsibility requirements.

Sec. 419. Manning and watch requirements on towing vessels on the Great

Lakes.

Sec. 420. Limitation on application of certain laws to Lake Texoma.

Sec. 421. Limitation on consolidation or relocation of Houston and Galveston

marine safety offices.

Sec. 422. Sense of the Congress regarding funding for Coast Guard.

Sec. 423. Conveyance of Light Station, Montauk Point, New York.

Sec. 424. Conveyance of Cape Ann Lighthouse, Thachers Island, Massachusetts.

Sec. 425. Amendments to Johnson Act.

Sec. 426. Transfer of Coast Guard property in Gosnold, Massachusetts.

Sec. 427. Transfer of Coast Guard property in New Shoreham, Rhode Island.

Sec. 428. Vessel deemed to be a recreational vessel.

Sec. 429. Requirement for procurement of buoy chain.

Sec. 430. Cruise vessel tort reform.

Sec. 431. Limitation on fees and charges with respect to ferries.

TITLE V—COAST GUARD REGULATORY REFORM

Sec. 501. Short title.

Sec. 502. Safety management.

Sec. 503. Use of reports, documents, records, and examinations of other persons.

Sec. 504. Equipment approval.

Sec. 505. Frequency of inspection.

Sec. 506. Certificate of inspection.

Sec. 507. Delegation of authority of Secretary to classification societies.

TITLE VI—DOCUMENTATION OF VESSELS

Sec. 601. Authority to issue coastwise endorsements.

Sec. 602. Vessel documentation for charity cruises.

Sec. 603. Extension of deadline for conversion of vessel M/V TWIN DRILL.

Sec. 604. Documentation of vessel RAINBOW’S END.

Sec. 605. Documentation of vessel GLEAM.

Sec. 606. Documentation of various vessels.

Sec. 607. Documentation of 4 barges.

Sec. 608. Limited waiver for ENCHANTED ISLE and ENCHANTED SEAS.

Sec. 609. Limited waiver for MV PLATTE.

TITLE VII—TECHNICAL AND CONFORMING AMENDMENTS

Sec. 701. Amendment of inland navigation rules.

Sec. 702. Measurement of vessels.

Sec. 703. Longshore and harbor workers compensation.

Sec. 704. Radiotelephone requirements.

Sec. 705. Vessel operating requirements.

Sec. 706. Merchant Marine Act, 1920.

Sec. 707. Merchant Marine Act, 1956.

Sec. 708. Maritime education and training.
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Sec. 709. General definitions.

Sec. 710. Authority to exempt certain vessels.

Sec. 711. Inspection of vessels.

Sec. 712. Regulations.

Sec. 713. Penalties—inspection of vessels.

Sec. 714. Application—tank vessels.

Sec. 715. Tank vessel construction standards.

Sec. 716. Tanker minimum standards.

Sec. 717. Self-propelled tank vessel minimum standards.

Sec. 718. Definition—abandonment of barges.

Sec. 719. Application—load lines.

Sec. 720. Licensing of individuals.

Sec. 721. Able seamen—limited.

Sec. 722. Able seamen—offshore supply vessels.

Sec. 723. Scale of employment—able seamen.

Sec. 724. General requirements—engine department.

Sec. 725. Complement of inspected vessels.

Sec. 726. Watchmen.

Sec. 727. Citizenship and naval reserve requirements.

Sec. 728. Watches.

Sec. 729. Minimum number of licensed individuals.

Sec. 730. Officers’ competency certificates convention.

Sec. 731. Merchant mariners’ documents required.

Sec. 732. Certain crew requirements.

Sec. 733. Freight vessels.

Sec. 734. Exemptions.

Sec. 735. United States registered pilot service.

Sec. 736. Definitions—merchant seamen protection.

Sec. 737. Application—foreign and intercoastal voyages.

Sec. 738. Application—coastwise voyages.

Sec. 739. Fishing agreements.

Sec. 740. Accommodations for seamen.

Sec. 741. Medicine chests.

Sec. 742. Logbook and entry requirements.

Sec. 743. Coastwise endorsements.

Sec. 744. Fishery endorsements.

Sec. 745. Clerical amendment.

Sec. 746. Repeal of Great Lakes endorsements.

Sec. 747. Convention tonnage for licenses, certificates, and documents.

TITLE VIII—COAST GUARD AUXILIARY AMENDMENTS

Sec. 801. Administration of the Coast Guard Auxiliary.

Sec. 802. Purpose of the Coast Guard Auxiliary.

Sec. 803. Members of the Auxiliary; status.

Sec. 804. Assignment and performance of duties.

Sec. 805. Cooperation with other agencies, States, territories, and political subdivisions.

Sec. 806. Vessel deemed public vessel.

Sec. 807. Aircraft deemed public aircraft.

Sec. 808. Disposal of certain material.
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1 TITLE I—AUTHORIZATIONS

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

3 Funds are authorized to be appropriated for nec4 essary expenses of the Coast Guard for fiscal year 1996,

5 as follows:

6 (1) For the operation and maintenance of the

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

8 shall be derived from the Oil Spill Liability Trust

9 Fund.

10 (2) For the acquisition, construction, rebuild11 ing, and improvement of aids to navigation, shore

12 and offshore facilities, vessels, and aircraft, includ13 ing equipment related thereto, $428,200,000, to re14 main available until expended, of which $32,500,000

15 shall be derived from the Oil Spill Liability Trust

16 Fund to carry out the purposes of section

17 1012(a)(5) of the Oil Pollution Act of 1990.

18 (3) For research, development, test, and evalua19 tion of technologies, materials, and human factors

20 directly relating to improving the performance of the

21 Coast Guard’s mission in support of search and res22 cue, aids to navigation, marine safety, marine envi23 ronmental protection, enforcement of laws and trea24 ties, ice operations, oceanographic research, and de25 fense readiness, $22,500,000, to remain available
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1 until expended, of which $3,150,000 shall be derived

2 from the Oil Spill Liability Trust Fund to carry out

3 the purposes of section 1012(a)(5) of the Oil Pollu4 tion Act of 1990.

5 (4) For retired pay (including the payment of

6 obligations otherwise chargeable to lapsed appropria7 tions for this purpose), payments under the Retired

8 Serviceman’s Family Protection and Survivor Bene9 fit Plans, and payments for medical care of retired

10 personnel and their dependents under chapter 55 of

11 title 10, United States Code, $582,022,000.

12 (5) For alteration or removal of bridges over

13 navigable waters of the United States constituting

14 obstructions to navigation, and for personnel and

15 administrative costs associated with the Bridge Al16 teration Program, $16,200,000, to remain available

17 until expended.

18 (6) For necessary expenses to carry out the

19 Coast Guard’s environmental compliance and res20 toration functions, other than parts and equipment

21 associated with operations and maintenance, under

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

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

24 until expended.
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1 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

2 AND TRAINING.

3 (a) ACTIVE DUTY STRENGTH.—The Coast Guard is

4 authorized an end-of-year strength for active duty person5 nel of 38,400 as of September 30, 1996.

6 (b) MILITARY TRAINING STUDENT LOADS.—For fis7 cal year 1996, the Coast Guard is authorized average mili8 tary training student loads as follows:

9 (1) For recruit and special training, 1604 stu10 dent years.

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

12 (3) For professional training in military and

13 civilian institutions, 330 student years.

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

15 SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION.

16 Not later than 30 days after the end of each fiscal

17 year quarter, the Secretary of Transportation shall submit

18 to the Committee on Transportation and Infrastructure

19 of the House of Representatives and the Committee on

20 Commerce, Science, and Transportation of the Senate a

21 report on all expenditures related to drug interdiction ac22 tivities of the Coast Guard during that quarter.
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1 SEC. 104. ENSURING MARITIME SAFETY AFTER CLOSURE

2 OF SMALL BOAT STATION OR REDUCTION TO

3 SEASONAL STATUS.

4 (a) MARITIME SAFETY DETERMINATION.—None of

5 the funds authorized to be appropriated under this Act

6 may be used to close Coast Guard multimission small boat

7 stations unless the Secretary of Transportation deter8 mines that maritime safety will not be diminished by the

9 closures.

10 (b) TRANSITION PLAN REQUIRED.—None of the

11 funds appropriated under the authority of this Act may

12 be used to close or reduce to seasonal status a small boat

13 station, unless the Secretary of Transportation, in co14 operation with the community affected by the closure or

15 reduction, has developed and implemented a transition

16 plan to ensure that the maritime safety needs of the com17 munity will continue to be met.

18 TITLE II—PERSONNEL

19 MANAGEMENT IMPROVEMENT

20 SEC. 201. HURRICANE ANDREW RELIEF.

21 Section 2856 of the National Defense Authorization

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

23 to the military personnel of the Coast Guard who were

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

25 Federal facility or installation in the vicinity of Homestead

26 Air Force Base, Florida, including the areas of Broward,
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1 Collier, Dade, and Monroe Counties, on or before August

2 24, 1992, except that—

3 (1) funds available to the Coast Guard, not to

4 exceed a total of $25,000, shall be used; and

5 (2) the Secretary of Transportation shall ad6 minister that section with respect to Coast Guard

7 personnel.

8 SEC. 202. EXCLUDE CERTAIN RESERVES FROM END-OF9 YEAR STRENGTH.

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

11 amended by adding at the end the following:

12 ‘‘(d) Reserve members ordered to active duty under

13 this section shall not be counted in computing authorized

14 strength of members on active duty or members in grade

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

16 SEC. 203. PROVISION OF CHILD DEVELOPMENT SERVICES.

17 Section 93 of title 14, United States Code, is amend18 ed by striking ‘‘and’’ after the semicolon at the end of

19 paragraph (t)(2), by striking the period at the end of para20 graph (u) and inserting ‘‘; and’’, and by adding at the

21 end the following new paragraph:

22 ‘‘(v) make child development services available

23 to members of the armed forces and Federal civilian

24 employees under terms and conditions comparable to
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1 those under the Military Child Care Act of 1989 (10

2 U.S.C. 113 note).’’.

3 SEC. 204. ACCESS TO NATIONAL DRIVER REGISTER INFOR4 MATION ON CERTAIN COAST GUARD PERSON5 NEL.

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

7 14, United States Code, as amended by section 203, is

8 further amended—

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

10 end of paragraph (u);

11 (2) by striking the period at the end of para12 graph (v) and inserting ‘‘; and’’; and

13 (3) by adding at the end the following new

14 paragraph:

15 ‘‘(w) require that any officer, chief warrant offi16 cer, or enlisted member of the Coast Guard or Coast

17 Guard Reserve (including a cadet or an applicant for

18 appointment or enlistment to any of the foregoing

19 and any member of a uniformed service who is as20 signed to the Coast Guard) request that all informa21 tion contained in the National Driver Register per22 taining to the individual, as described in section

23 30304(a) of title 49, be made available to the Com24 mandant under section 30305(a) of title 49, may re-
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1 ceive that information, and upon receipt, shall make

2 the information available to the individual.’’.

3 (b) AMENDMENT TO TITLE 49.—Section 30305(b) of

4 title 49, United States Code, is amended by redesignating

5 paragraph (7) as paragraph (8) and inserting after para6 graph (6) the following new paragraph:

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

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

9 Guard Reserve (including a cadet or an applicant for ap10 pointment or enlistment of any of the foregoing and any

11 member of a uniformed service who is assigned to the

12 Coast Guard) may request the chief driver licensing offi13 cial of a State to provide information about the individual

14 under subsection (a) of this section to the Commandant

15 of the Coast Guard. The Commandant may receive the

16 information and shall make the information available to

17 the individual. Information may not be obtained from the

18 Register under this paragraph if the information was en19 tered in the Register more than 3 years before the request,

20 unless the information is about a revocation or suspension

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

22 SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGI23 BLE.

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

25 amended—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

2 (2) by striking the last sentence; and

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

4 ‘‘(2) Upon the completion of a term under paragraph

5 (1), an officer shall, unless selected for further continu6 ation—

7 ‘‘(A) except as provided in subparagraph (B),

8 be honorably discharged with severance pay com9 puted under section 286 of this title;

10 ‘‘(B) in the case of an officer who has com11 pleted at least 18 years of active service on the date

12 of discharge under subparagraph (A), be retained on

13 active duty and retired on the last day of the month

14 in which the officer completes 20 years of active

15 service, unless earlier removed under another provi16 sion of law; or

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

18 discharge in this section, the officer has completed

19 at least 20 years of active service or is eligible for

20 retirement under any law, be retired on that date.’’.
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1 TITLE III—NAVIGATION SAFETY

2 AND WATERWAY SERVICES

3 MANAGEMENT

4 SEC. 301. FOREIGN PASSENGER VESSEL USER FEES.

5 Section 3303 of title 46, United States Code, is

6 amended—

7 (1) in subsection (a) by striking ‘‘(a) Except

8 as’’ and inserting ‘‘Except as’’; and

9 (2) by striking subsection (b).

10 SEC. 302. FLORIDA AVENUE BRIDGE.

11 For purposes of the alteration of the Florida Avenue

12 Bridge (located approximately 1.63 miles east of the Mis13 sissippi River on the Gulf Intracoastal Waterway in Orle14 ans Parish, Louisiana) ordered by the Secretary of Trans15 portation under the Act of June 21, 1940 (33 U.S.C. 511

16 et seq.; popularly known as the Truman-Hobbs Act), the

17 Secretary of Transportation shall treat the drainage si18 phon that is adjacent to the bridge as an appurtenance

19 of the bridge, including with respect to apportionment and

20 payment of costs for the removal of the drainage siphon

21 in accordance with that Act.
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1 SEC. 303. RENEWAL OF HOUSTON-GALVESTON NAVIGATION

2 SAFETY ADVISORY COMMITTEE AND LOWER

3 MISSISSIPPI RIVER WATERWAY ADVISORY

4 COMMITTEE.

5 The Coast Guard Authorization Act of 1991 (Public

6 Law 102–241, 105 Stat. 2208–2235) is amended—

7 (1) in section 18 by adding at the end the fol8 lowing:

9 ‘‘(h) The Committee shall terminate on October 1,

10 2000.’’; and

11 (2) in section 19 by adding at the end the fol12 lowing:

13 ‘‘(g) The Committee shall terminate on October 1,

14 2000.’’.

15 SEC. 304. RENEWAL OF THE NAVIGATION SAFETY ADVI16 SORY COUNCIL.

17 (a) RENEWAL.—Section 5(d) of the Inland Naviga18 tional Rules Act of 1980 (33 U.S.C. 2073) is amended

19 by striking ‘‘September 30, 1995’’ and inserting ‘‘Septem20 ber 30, 2000’’.

21 (b) CLERICAL AMENDMENT.—The section heading

22 for section 5(d) of the Inland Navigational Rules Act of

23 1980 (33 U.S.C. 2073) is amended by striking ‘‘Rules of

24 the Road Advisory Council’’ and inserting ‘‘Navigation

25 Safety Advisory Council’’.
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1 SEC. 305. RENEWAL OF COMMERCIAL FISHING INDUSTRY

2 VESSEL ADVISORY COMMITTEE.

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

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

5 1994’’ and inserting ‘‘October 1, 2000’’.

6 SEC. 306. NONDISCLOSURE OF PORT SECURITY PLANS.

7 Section 7 of the Ports and Waterways Safety Act (33

8 U.S.C. 1226), is amended by adding at the end the follow9 ing new subsection (c):

10 ‘‘(c) NONDISCLOSURE OF PORT SECURITY PLANS.—

11 Notwithstanding any other provision of law, information

12 related to security plans, procedures, or programs for pas13 senger vessels or passenger terminals authorized under

14 this Act is not required to be disclosed to the public.’’.

15 SEC. 307. MARITIME DRUG AND ALCOHOL TESTING PRO16 GRAM CIVIL PENALTY.

17 (a) PENALTY IMPOSED.—Chapter 21 of title 46,

18 United States Code, is amended by adding at the end the

19 following new section:

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

22 ‘‘Any person who fails to comply with or otherwise

23 violates the requirements prescribed by the Secretary

24 under this subtitle for chemical testing for dangerous

25 drugs or for evidence of alcohol use is liable to the United

26 States Government for a civil penalty of not more than
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1 $1,000 for each violation. Each day of a continuing viola2 tion shall constitute a separate violation.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of chapter 21 of title 46, United States

5 Code, is amended by inserting after the item relating to

6 section 2114 the following new item:

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

7 SEC. 308. WITHHOLDING VESSEL CLEARANCE FOR VIOLA8 TION OF CERTAIN ACTS.

9 (a) TITLE 49, UNITED STATES CODE.—Section 5122

10 of title 49, United States Code, is amended by adding at

11 the end the following new subsection:

12 ‘‘(c) WITHHOLDING OF CLEARANCE.—(1) If any

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

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

15 a fine under section 5124 of this title, or if reasonable

16 cause exists to believe that such owner, operator, or person

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

18 the Secretary of the Treasury, upon the request of the

19 Secretary, shall with respect to such vessel refuse or re20 voke any clearance required by section 4197 of the Revised

21 Statutes of the United States (46 App. U.S.C. 91).

22 ‘‘(2) Clearance refused or revoked under this sub23 section may be granted upon the filing of a bond or other

24 surety satisfactory to the Secretary.’’.
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1 (b) PORT AND WATERWAYS SAFETY ACT.—Section

2 13(f) of the Ports and Waterways Safety Act (33 U.S.C.

3 1232(f)) is amended to read as follows:

4 ‘‘(f) WITHHOLDING OF CLEARANCE.—(1) If any

5 owner, operator, or person in charge of a vessel is liable

6 for a penalty or fine under this section, or if reasonable

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

8 in charge may be subject to a penalty or fine under this

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

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

11 or revoke any clearance required by section 4197 of the

12 Revised Statutes of the United States (46 App. U.S.C.

13 91).

14 ‘‘(2) Clearance refused or revoked under this sub15 section may be granted upon filing of a bond or other sur16 ety satisfactory to the Secretary.’’.

17 (c) INLAND NAVIGATION RULES ACT OF 1980.—Sec18 tion 4(d) of the Inland Navigational Rules Act of 1980

19 (33 U.S.C. 2072(d)) is amended to read as follows:

20 ‘‘(d) WITHHOLDING OF CLEARANCE.—(1) If any

21 owner, operator, or person in charge of a vessel is liable

22 for a penalty under this section, or if reasonable cause

23 exists to believe that the owner, operator, or person in

24 charge may be subject to a penalty under this section, the

25 Secretary of the Treasury, upon the request of the Sec-
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1 retary, shall with respect to such vessel refuse or revoke

2 any clearance required by section 4197 of the Revised

3 Statutes of the United States (46 App. U.S.C. 91).

4 ‘‘(2) Clearance or a permit refused or revoked under

5 this subsection may be granted upon filing of a bond or

6 other surety satisfactory to the Secretary.’’.

7 (d) TITLE 46, UNITED STATES CODE.—Section

8 3718(e) of title 46, United States Code, is amended to

9 read as follows:

10 ‘‘(e)(1) If any owner, operator, or person in charge

11 of a vessel is liable for any penalty or fine under this sec12 tion, or if reasonable cause exists to believe that the

13 owner, operator, or person in charge may be subject to

14 any penalty or fine under this section, the Secretary of

15 the Treasury, upon the request of the Secretary, shall with

16 respect to such vessel refuse or revoke any clearance re17 quired by section 4197 of the Revised Statutes of the

18 United States (46 U.S.C. App. 91).

19 ‘‘(2) Clearance or a permit refused or revoked under

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

21 other surety satisfactory to the Secretary.’’.

22 SEC. 309. INCREASED CIVIL PENALTIES.

23 (a) PENALTY FOR FAILURE TO REPORT A CAS24 UALTY.—Section 6103(a) of title 46, United States Code,
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1 is amended by striking ‘‘$1,000’’ and inserting ‘‘not more

2 than $25,000’’.

3 (b) OPERATION OF UNINSPECTED VESSEL IN VIOLA4 TION OF MANNING REQUIREMENTS.—Section 8906 of

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

6 ‘‘$1,000’’ and inserting ‘‘not more than $25,000’’.

7 SEC. 310. AMENDMENT TO REQUIRE EMERGENCY POSITION

8 INDICATING RADIO BEACONS ON THE GREAT

9 LAKES.

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

11 States Code, is amended by inserting ‘‘or beyond three

12 nautical miles from the coastline of the Great Lakes’’ after

13 ‘‘high seas’’.

14 SEC. 311. EXTENSION OF TOWING SAFETY ADVISORY COM15 MITTEE.

16 Subsection (e) of the Act to establish a Towing Safety

17 Advisory Committee in the Department of Transportation

18 (33 U.S.C. 1231a(e)), is amended by striking ‘‘September

19 30, 1995’’ and inserting ‘‘October 1, 2000’’.

20 TITLE IV—MISCELLANEOUS

21 SEC. 401. TRANSFER OF COAST GUARD PROPERTY IN TRA22 VERSE CITY, MICHIGAN.

23 (a) REQUIREMENT.—The Secretary of Transpor24 tation (or any other official having control over the prop25 erty described in subsection (b)) shall expeditiously convey
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1 to the Traverse City Area Public School District in Tra2 verse City, Michigan, without consideration, all right, title,

3 and interest of the United States in and to the property

4 described in subsection (b), subject to all easements and

5 other interests in the property held by any other person.

6 (b) PROPERTY DESCRIBED.—The property referred

7 to in subsection (a) is real property located in the city

8 of Traverse City, Grand Traverse County, Michigan, and

consisting of that part of the southeast 1 9 ⁄4 of Section 12,

10 Township 27 North, Range 11 West, described as: Commencing at the southeast 1 11 ⁄4 corner of said Section 12,

12 thence north 03 degrees 05 minutes 25 seconds east along

13 the East line of said Section, 1074.04 feet, thence north

14 86 degrees 36 minutes 50 seconds west 207.66 feet,

15 thence north 03 degrees 06 minutes 00 seconds east

16 572.83 feet to the point of beginning, thence north 86 de17 grees 54 minutes 00 seconds west 1,751.04 feet, thence

18 north 03 degrees 02 minutes 38 seconds east 330.09 feet,

19 thence north 24 degrees 04 minutes 40 seconds east

20 439.86 feet, thence south 86 degrees 56 minutes 15 sec21 onds east 116.62 feet, thence north 03 degrees 08 minutes

22 45 seconds east 200.00 feet, thence south 87 degrees 08

23 minutes 20 seconds east 68.52 feet, to the southerly right24 of-way of the C & O Railroad, thence south 65 degrees

25 54 minutes 20 seconds east along said right-of-way
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1 1508.75 feet, thence south 03 degrees 06 minutes 00 sec2 onds west 400.61 to the point of beginning, consisting of

3 27.10 acres of land, and all improvements located on that

4 property including buildings, structures, and equipment.

5 (c) REVERSIONARY INTEREST.—In addition to any

6 term or condition established pursuant to subsection (a),

7 any conveyance of property described in subsection (b)

8 shall be subject to the condition that all right, title, and

9 interest in and to the property so conveyed shall imme10 diately revert to the United States if the property, or any

11 part thereof, ceases to be used by the Traverse City School

12 District.

13 SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN

14 KETCHIKAN, ALASKA.

15 (a) CONVEYANCE REQUIREMENT.—The Secretary of

16 Transportation shall convey to the Ketchikan Indian Cor17 poration in Ketchikan, Alaska, without reimbursement

18 and by no later than 120 days after the date of enactment

19 of this Act, all right, title, and interest of the United

20 States in and to the property known as the ‘‘Former Ma21 rine Safety Detachment’’ as identified in Report of Excess

22 Number CG–689 (GSA Control Number 9–U–AK–0747)

23 and described in subsection (b), for use by the Ketchikan

24 Indian Corporation as a health or social services facility.
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1 (b) PROPERTY DESCRIBED.—The property referred

2 to in subsection (a) is real property located in the city

3 of Ketchikan, Township 75 south, range 90 east, Copper

4 River Meridian, First Judicial District, State of Alaska,

5 and commencing at corner numbered 10, United States

6 Survey numbered 1079, the true point of beginning for

7 this description: Thence north 24 degrees 04 minutes east,

8 along the 10–11 line of said survey a distance of 89.76

9 feet to corner numbered 1 of lot 5B; thence south 65 de10 grees 56 minutes east a distance of 345.18 feet to corner

11 numbered 2 of lot 5B; thence south 24 degrees 04 minutes

12 west a distance of 101.64 feet to corner numbered 3 of

13 lot 5B; thence north 64 degrees 01 minute west a distance

14 of 346.47 feet to corner numbered 10 of said survey, to

15 the true point of beginning, consisting of 0.76 acres (more

16 or less), and all improvements located on that property,

17 including buildings, structures, and equipment.

18 (c) REVERSIONARY INTEREST.—In addition to any

19 term or condition established pursuant to subsection (a),

20 any conveyance of property described in subsection (b)

21 shall be subject to the condition that all right, title, and

22 interest in and to the property so conveyed shall imme23 diately revert to the United States if the property, or any

24 part thereof, ceases to be used by the Ketchikan Indian

25 Corporation as a health or social services facility.
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1 SEC. 403. ELECTRONIC FILING OF COMMERCIAL INSTRU2 MENTS.

3 Section 31321(a) of title 46, United States Code, is

4 amended by adding at the end the following new para5 graph:

6 ‘‘(4)(A) A bill of sale, conveyance, mortgage, assign7 ment, or related instrument may be filed electronically

8 under regulations prescribed by the Secretary.

9 ‘‘(B) A filing made electronically under subparagraph

10 (A) shall not be effective after the 10-day period beginning

11 on the date of the filing unless the original instrument

12 is provided to the Secretary within that 10-day period.’’.

13 SEC. 404. BOARD FOR CORRECTION OF MILITARY RECORDS

14 DEADLINE.

15 (a) REMEDIES DEEMED EXHAUSTED.—Ten months

16 after a complete application for correction of military

17 records is received by the Board for Correction of Military

18 Records of the Coast Guard, administrative remedies are

19 deemed to have been exhausted, and—

20 (1) if the Board has rendered a recommended

21 decision, its recommendation shall be final agency

22 action and not subject to further review or approval

23 within the Department of Transportation; or

24 (2) if the Board has not rendered a rec25 ommended decision, agency action is deemed to have
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•HR 1361 RFS

1 been unreasonably delayed or withheld and the ap2 plicant is entitled to—

3 (A) an order under section 706(1) of title

4 5, United States Code, directing final action be

5 taken within 30 days from the date the order

6 is entered; and

7 (B) from amounts appropriated to the De8 partment of Transportation, the costs of obtain9 ing the order, including a reasonable attorney’s

10 fee.

11 (b) EXISTING DEADLINE MANDATORY.—The 10-

12 month deadline established in section 212 of the Coast

13 Guard Authorization Act of 1989 (Public Law 101–225,

14 103 Stat. 1914) is mandatory.

15 (c) APPLICATION.—This section applies to all appli16 cations filed with or pending before the Board or the Sec17 retary of Transportation on or after June 12, 1990. For

18 applications that were pending on June 12, 1990, the 10-

19 month deadline referred to in subsection (b) shall be cal20 culated from June 12, 1990.

21 SEC. 405. JUDICIAL SALE OF CERTAIN DOCUMENTED VES22 SELS TO ALIENS.

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

24 amended by adding at the end the following new sub25 section:
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•HR 1361 RFS

1 ‘‘(f) This section does not apply to a documented ves2 sel that has been operated only—

3 ‘‘(1) as a fishing vessel, fish processing vessel,

4 or fish tender vessel; or

5 ‘‘(2) for pleasure.’’.

6 SEC. 406. IMPROVED AUTHORITY TO SELL RECYCLABLE

7 MATERIAL.

8 Section 641(c)(2) of title 14, United States Code, is

9 amended by inserting before the period the following: ‘‘,

10 except that the Commandant may conduct sales of mate11 rials for which the proceeds of sale will not exceed $5,000

12 under regulations prescribed by the Commandant’’.

13 SEC. 407. RECRUITMENT OF WOMEN AND MINORITIES.

14 Not later than January 31, 1996, the Commandant

15 of the Coast Guard shall report to the Committee on

16 Transportation and Infrastructure of the House of Rep17 resentatives and the Committee on Commerce, Science,

18 and Transportation of the Senate, on the status of and

19 the problems in recruitment of women and minorities into

20 the Coast Guard. The report shall contain specific plans

21 to increase the recruitment of women and minorities and

22 legislative recommendations needed to increase the re23 cruitment of women and minorities.
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1 SEC. 408. LIMITATION OF CERTAIN STATE AUTHORITY

2 OVER VESSELS.

3 (a) SHORT TITLE.—This section may be cited as the

4 ‘‘California Cruise Industry Revitalization Act’’.

5 (b) LIMITATION.—Section 5(b)(2) of the Act of Janu6 ary 2, 1951 (15 U.S.C. 1175(b)(2)), commonly referred

7 to as the ‘‘Johnson Act’’, is amended by adding at the

8 end the following:

9 ‘‘(C) EXCLUSION OF CERTAIN VOYAGES

10 AND SEGMENTS.—Except for a voyage or seg11 ment of a voyage that occurs within the bound12 aries of the State of Hawaii, a voyage or seg13 ment of a voyage is not described in subpara14 graph (B) if it includes or consists of a seg15 ment—

16 ‘‘(i) that begins and ends in the same

17 State;

18 ‘‘(ii) that is part of a voyage to an19 other State or to a foreign country; and

20 ‘‘(iii) in which the vessel reaches the

21 other State or foreign country within 3

22 days after leaving the State in which it be23 gins.’’.
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1 SEC. 409. VESSEL FINANCING.

2 (a) DOCUMENTATION CITIZEN ELIGIBLE MORTGA3 GEE.—Section 31322(a)(1)(D) of title 46, United States

4 Code, is amended—

5 (1) by striking ‘‘or’’ at the end of

6 31322(a)(1)(D)(v) and inserting ‘‘or’’ at the end of

7 31322(a)(1)(D)(vi); and

8 (2) by adding at the end a new subparagraph

9 as follows:

10 ‘‘(vii) a person eligible to own a docu11 mented vessel under chapter 121 of this title.’’.

12 (b) AMENDMENT TO TRUSTEE RESTRICTIONS.—Sec13 tion 31328(a) of title 46, United States Code, is

14 amended—

15 (1) by striking ‘‘or’’ at the end of 31328(a)(3)

16 and inserting ‘‘or’’ at the end of 31328(a)(4); and

17 (2) by adding at the end a new subparagraph

18 as follows:

19 ‘‘(5) is a person eligible to own a documented

20 vessel under chapter 121 of this title.’’.

21 (c) LEASE FINANCING.—Section 12106 of title 46,

22 United States Code, is amended by adding at the end the

23 following new subsections:

24 ‘‘(e)(1) A certificate of documentation for a vessel

25 may be endorsed with a coastwise endorsement if—
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1 ‘‘(A) the vessel is eligible for documentation

2 under section 12102;

3 ‘‘(B) the person that owns the vessel, a parent

4 entity of that person, or a subsidiary of a parent en5 tity of that person, is engaged in lease financing;

6 ‘‘(C) the vessel is under a demise charter to a

7 person qualifying as a citizen of the United States

8 for engaging in the coastwise trade under section 2

9 of the Shipping Act, 1916;

10 ‘‘(D) the demise charter is for—

11 ‘‘(i) a period of at least 3 years; or

12 ‘‘(ii) a shorter period as may be prescribed

13 by the Secretary; and

14 ‘‘(E) the vessel is otherwise qualified under this

15 section to be employed in the coastwise trade.

16 ‘‘(2) Upon default by a bareboat charterer of a de17 mise charter required under paragraph (1)(D), the coast18 wise endorsement of the vessel may, in the sole discretion

19 of the Secretary, be continued after the termination for

20 default of the demise charter for a period not to exceed

21 6 months on terms and conditions as the Secretary may

22 prescribe.

23 ‘‘(3) For purposes of section 2 of the Shipping Act,

24 1916, and section 12102(a) of this title, a vessel meeting
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•HR 1361 RFS

1 the criteria of subsection is deemed to be owned exclusively

2 by citizens of the United States.’’.

3 (d) CONFORMING AMENDMENT.—Section 9(c) of the

4 Shipping Act, 1916, as amended (46 App. U.S.C. 808(c))

5 is amended by inserting ‘‘12106(e),’’ after the word ‘‘sec6 tions’’ and before 31322(a)(1)(D).

7 SEC. 410. SENSE OF CONGRESS; REQUIREMENT REGARD8 ING NOTICE.

9 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

10 AND PRODUCTS.—It is the sense of the Congress that, to

11 the greatest extent practicable, all equipment and products

12 purchased with funds made available under this Act

13 should be American-made.

14 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

15 providing financial assistance under this Act, the official

16 responsible for providing the assistance, to the greatest

17 extent practicable, shall provide to each recipient of the

18 assistance a notice describing the statement made in sub19 section (a) by the Congress.

20 SEC. 411. SPECIAL SELECTION BOARDS.

21 (a) REQUIREMENT.—Chapter 21 of title 14, United

22 States Code, is amended by adding at the end the follow23 ing new section:
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•HR 1361 RFS

1 ‘‘§ 747. Special selection boards

2 ‘‘(a) The Secretary shall provide for special selection

3 boards to consider the case of any officer who is eligible

4 for promotion who—

5 ‘‘(1) was not considered for selection for pro6 motion by a selection board because of administra7 tive error; or

8 ‘‘(2) was considered for selection for promotion

9 by a selection board but not selected because—

10 ‘‘(A) the action of the board that consid11 ered the officer was contrary to law or involved

12 a material error of fact or material administra13 tive error; or

14 ‘‘(B) the board that considered the officer

15 did not have before it for its consideration ma16 terial information.

17 ‘‘(b) Not later than 6 months after the date of the

18 enactment of the Coast Guard Authorization Act For Fis19 cal Year 1996, the Secretary shall issue regulations to im20 plement this section. The regulations shall conform, as ap21 propriate, to the regulations and procedures issued by the

22 Secretary of Defense for special selection boards under

23 section 628 of title 10, United States Code.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 for chapter 21 of title 14, United States Code, is amended

3 by adding after the item for section 746 the following:

‘‘747. Special selection boards.’’.

4 SEC. 412. AVAILABILITY OF EXTRAJUDICIAL REMEDIES

5 FOR DEFAULT ON PREFERRED MORTGAGE

6 LIENS ON VESSELS.

7 (a) AVAILABILITY OF EXTRAJUDICIAL REMEDIES.—

8 Section 31325(b) of title 46, United States Code, is

9 amended—

10 (1) in the matter preceding paragraph (1) by

11 striking ‘‘mortgage may’’ and inserting ‘‘mortgagee

12 may’’;

13 (2) in paragraph (1) by—

14 (A) striking ‘‘perferred’’ and inserting

15 ‘‘preferred’’; and

16 (B) striking ‘‘; and’’ and inserting a semi17 colon; and

18 (3) by adding at the end the following:

19 ‘‘(3) enforce the preferred mortgage lien or a

20 claim for the outstanding indebtedness secured by

21 the mortgaged vessel, or both, by exercising any

22 other remedy (including an extrajudicial remedy)

23 against a documented vessel, a vessel for which an

24 application for documentation is filed under chapter

25 121 of this title, a foreign vessel, or a mortgagor,
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•HR 1361 RFS

1 maker, comaker, or guarantor for the amount of the

2 outstanding indebtedness or any deficiency in full

3 payment of that indebtedness, if—

4 ‘‘(A) the remedy is allowed under applica5 ble law; and

6 ‘‘(B) the exercise of the remedy will not re7 sult in a violation of section 9 or 37 of the

8 Shipping Act, 1916 (46 App. U.S.C. 808,

9 835).’’.

10 (b) NOTICE.—Section 31325 of title 46, United

11 States Code, is further amended by adding at the end the

12 following:

13 ‘‘(f)(1) Before title to the documented vessel or vessel

14 for which an application for documentation is filed under

15 chapter 121 is transferred by an extrajudicial remedy, the

16 person exercising the remedy shall give notice of the pro17 posed transfer to the Secretary, to the mortgagee of any

18 mortgage on the vessel filed in substantial compliance with

19 section 31321 of this title before notice of the proposed

20 transfer is given to the Secretary, and to any person that

21 recorded a notice of a claim of an undischarged lien on

22 the vessel under section 31343(a) or (d) of this title before

23 notice of the proposed transfer is given to the Secretary.

24 ‘‘(2) Failure to give notice as required by this sub25 section shall not affect the transfer of title to a vessel.
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1 However, the rights of any holder of a maritime lien or

2 a preferred mortgage on the vessel shall not be affected

3 by a transfer of title by an extrajudicial remedy exercised

4 under this section, regardless of whether notice is required

5 by this subsection or given.

6 ‘‘(3) The Secretary shall prescribe regulations estab7 lishing the time and manner for providing notice under

8 this subsection.’’.

9 (c) RULE OF CONSTRUCTION.—The amendments

10 made by subsections (a) and (b) may not be construed

11 to imply that remedies other than judicial remedies were

12 not available before the date of enactment of this section

13 to enforce claims for outstanding indebtedness secured by

14 mortgaged vessels.

15 SEC. 413. IMPLEMENTATION OF WATER POLLUTION LAWS

16 WITH RESPECT TO VEGETABLE OIL.

17 (a) DIFFERENTIATION AMONG FATS, OILS, AND

18 GREASES.—

19 (1) IN GENERAL.—In issuing or enforcing a

20 regulation, an interpretation, or a guideline relating

21 to a fat, oil, or grease under a Federal law related

22 to water pollution control, the head of a Federal

23 agency shall—

24 (A) differentiate between and establish

25 separate classes for—
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1 (i)(I) animal fats; and

2 (II) vegetable oils; and

3 (ii) other oils, including petroleum oil;

4 and

5 (B) apply different standards to different

6 classes of fat and oil as provided in paragraph

7 (2).

8 (2) CONSIDERATIONS.—In differentiating be9 tween the classes of animal fats and vegetable oils

10 referred to in paragraph (1)(A)(i) and the classes of

11 oils described in paragraph (1)(A)(ii), the head of a

12 Federal agency shall consider differences in physical,

13 chemical, biological, and other properties, and in the

14 environmental effects, of the classes.

15 (b) FINANCIAL RESPONSIBILITY.—

16 (1) LIMITS ON LIABILITY.—Section 1004(a)(1)

17 of the Oil Pollution Act of 1990 (33 U.S.C.

18 2704(a)(1)) is amended by striking ‘‘for a tank ves19 sel,’’ and inserting ‘‘for a tank vessel carrying oil in

20 bulk as cargo or cargo residue (except a tank vessel

21 on which the only oil carried is an animal fat or veg22 etable oil, as those terms are defined in section

23 413(c) of the Coast Guard Authorization Act for

24 Fiscal Year 1996),’’.
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1 (2) FINANCIAL RESPONSIBILITY.—The first

2 sentence of section 1016(a) of the Act (33 U.S.C.

3 2716(a)) is amended by striking ‘‘, in the case of a

4 tank vessel, the responsible party could be subject

5 under section 1004(a)(1) or (d) of this Act, or to

6 which, in the case of any other vessel, the respon7 sible party could be subjected under section

8 1004(a)(2) or (d)’’ and inserting ‘‘the responsible

9 party could be subjected under section 1004(a) or

10 (d) of this Act’’.

11 (c) DEFINITIONS.—In this section, the following defi12 nitions apply:

13 (1) ANIMAL FAT.—The term ‘‘animal fat’’

14 means each type of animal fat, oil, or grease, includ15 ing fat, oil, or grease from fish or a marine mammal

16 and any fat, oil, or grease referred to in section

17 61(a)(2) of title 13, United States Code.

18 (2) VEGETABLE OIL.—The term ‘‘vegetable oil’’

19 means each type of vegetable oil, including vegetable

20 oil from a seed, nut, or kernel and any vegetable oil

21 referred to in section 61(a)(1) of title 13, United

22 States Code.
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1 SEC. 414. CERTAIN INFORMATION FROM MARINE CAS2 UALTY INVESTIGATIONS BARRED IN LEGAL

3 PROCEEDINGS.

4 (a) IN GENERAL.—Title 46, United States Code, is

5 amended by inserting after section 6307 the following new

6 section:

7 ‘‘§ 6308. Information barred in legal proceedings

8 ‘‘(a) Notwithstanding any other provision of law, any

9 opinion, recommendation, deliberation, or conclusion con10 tained in a report of a marine casualty investigation con11 ducted under section 6301 of this title with respect to the

12 cause of, or factors contributing to, the casualty set forth

13 in the report of the investigation is not admissible as evi14 dence or subject to discovery in any civil, administrative,

15 or State criminal proceeding arising from a marine cas16 ualty, other than with the permission and consent of the

17 Secretary of Transportation, in his or her sole discretion.

18 Any employee of the United States or military member

19 of the Coast Guard investigating a marine casualty or as20 sisting in any such investigation conducted pursuant to

21 section 6301 of this title, shall not be subject to deposition

22 or other discovery, or otherwise testify or give information

23 in such proceedings relevant to a marine casualty inves24 tigation, without the permission and consent of the Sec25 retary of Transportation in his or her sole discretion. In

26 exercising this discretion in cases where the United States
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1 is a party, the Secretary shall not withhold permission for

2 an employee to testify solely on factual matters where the

3 information is not available elsewhere or is not obtainable

4 by other means. Nothing in this section prohibits the Unit5 ed States from calling an employee as an expert witness

6 to testify on its behalf.

7 ‘‘(b) The information referred to in subsection (a) of

8 this section shall not be considered an admission of liabil9 ity by the United States or by any person referred to in

10 those conclusions or statements.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections

12 at the beginning of chapter 63 of title 46, United States

13 Code, is amended by adding after the item related to sec14 tion 6307 the following:

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

15 SEC. 415. REPORT ON LORAN–C REQUIREMENTS.

16 Not later than 6 months after the date of the enact17 ment of this Act, the Secretary of Transportation shall

18 submit a report to the Committee on Transportation and

19 Infrastructure of the House of Representatives, and the

20 Committee on Commerce, Science and Transportation of

21 the Senate, prepared in consultation with users of the

22 LORAN–C radionavigation system, defining the future

23 use of and funding for operations, maintenance, and up24 grades of the LORAN–C radionavigation system. The re25 port shall address the following:
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•HR 1361 RFS

1 (1) An appropriate timetable for transition

2 from ground-based radionavigation technology after

3 it is determined that satellite-based technology is

4 available as a sole means of safe and efficient navi5 gation.

6 (2) The need to ensure that LORAN–C tech7 nology purchased by the public before the year 2000

8 has a useful economic life.

9 (3) The benefits of fully utilizing the compat10 ibilities of LORAN–C technology and satellite-based

11 technology by all modes of transportation.

12 (4) The need for all agencies in the Department

13 of Transportation and other relevant Federal agen14 cies to share the Federal Government’s costs related

15 to LORAN–C technology.

16 SEC. 416. LIMITED DOUBLE HULL EXEMPTIONS.

17 Section 3703a(b) of title 46, United States Code, is

18 amended by—

19 (1) striking ‘‘or’’ at the end of paragraph (2);

20 (2) striking the period at the end of paragraph

21 (3) and inserting a semicolon; and

22 (3) adding at the end the following new para23 graphs:

24 ‘‘(4) a vessel equipped with a double hull before

25 August 12, 1992;
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•HR 1361 RFS

1 ‘‘(5) a barge of less than 2,000 gross tons that

2 is primarily used to carry deck cargo and bulk fuel

3 to Native villages (as that term is defined in section

4 3 of the Alaska Native Claims Settlement Act (43

5 U.S.C. 1601)) located on or adjacent to bays or riv6 ers above 58 degrees north latitude; or

7 ‘‘(6) a vessel in the National Defense Reserve

8 Fleet pursuant to section 11 of the Merchant Ship

9 Sales Act of 1946 (50 App. U.S.C. 1744).’’.

10 SEC. 417. OIL SPILL RESPONSE VESSELS.

11 (a) DEFINITION.—Section 2101 of title 46, United

12 States Code, is amended—

13 (1) by redesignating paragraph (20a) as para14 graph (20b); and

15 (2) by inserting after paragraph (20) the fol16 lowing new paragraph:

17 ‘‘(20a) ‘oil spill response vessel’ means a vessel

18 that is designated in its certificate of inspection as

19 such a vessel, or that is adapted to respond to a dis20 charge of oil or a hazardous material.’’.

21 (b) EXEMPTION FROM LIQUID BULK CARRIAGE RE22 QUIREMENTS.—Section 3702 of title 46, United States

23 Code, is amended by adding at the end the following new

24 subsection:
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•HR 1361 RFS

1 ‘‘(f) This chapter does not apply to an oil spill re2 sponse vessel if—

3 ‘‘(1) the vessel is used only in response-related

4 activities; or

5 ‘‘(2) the vessel is—

6 ‘‘(A) not more than 500 gross tons;

7 ‘‘(B) designated in its certificate of inspec8 tion as an oil spill response vessel; and

9 ‘‘(C) engaged in response-related activi10 ties.’’.

11 (c) MANNING.—Section 8104(p) of title 46, United

12 States Code, is amended to read as follows:

13 ‘‘(p) The Secretary may prescribe the watchstanding

14 requirements for an oil spill response vessel.’’.

15 (d) MINIMUM NUMBER OF LICENSED INDIVID16 UALS.—Section 8301(e) of title 46, United States Code,

17 is amended to read as follows:

18 ‘‘(e) The Secretary may prescribe the minimum num19 ber of licensed individuals for an oil spill response vessel.’’.

20 (e) MERCHANT MARINER DOCUMENT REQUIRE21 MENTS.—Section 8701(a) of title 46, United States Code,

22 is amended by striking ‘‘and’’ after the semicolon at the

23 end of paragraph (7), by striking the period at the end

24 of paragraph (8) and inserting ‘‘; and’’, and by adding

25 at the end the following new paragraph:
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•HR 1361 RFS

1 ‘‘(9) the Secretary may prescribe the individuals

2 required to hold a merchant mariner’s document

3 serving onboard an oil spill response vessel.’’.

4 (f) EXEMPTION FROM TOWING VESSEL REQUIRE5 MENT.—Section 8905 of title 46, United States Code, is

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

8 ‘‘(c) Section 8904 of this title does not apply to an

9 oil spill response vessel while engaged in oil spill response

10 or training activities.’’.

11 (g) INSPECTION REQUIREMENT.—Section 3301 of

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

13 end the following new paragraph:

14 ‘‘(14) oil spill response vessels.’’.

15 SEC. 418. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY

16 REQUIREMENTS.

17 (a) DEFINITION OF RESPONSIBLE PARTY.—Section

18 1001(32)(C) of the Oil Pollution Act of 1990 (33 U.S.C.

19 2701(32)(C)) is amended by striking ‘‘applicable State law

20 or’’ and inserting ‘‘applicable State law relating to explor21 ing for, producing, or transporting oil on submerged lands

22 on the Outer Continental Shelf in accordance with a li23 cense or permit issued for such purpose, or under’’.
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1 (b) AMOUNT OF FINANCIAL RESPONSIBILITY.—Sec2 tion 1016(c)(1) of the Oil Pollution Act of 1990 (33

3 U.S.C. 2716(c)(1)) is amended to read as follows:

4 ‘‘(1) IN GENERAL.—

5 ‘‘(A) EVIDENCE OF FINANCIAL RESPON6 SIBILITY REQUIRED.—Except as provided in

7 paragraph (2), each responsible party with re8 spect to an offshore facility described in section

9 1001(32)(C) located seaward of the line of ordi10 nary low water along that portion of the coast

11 that is in direct contact with the open sea and

12 the line marking the seaward limit of inland

13 waters that is—

14 ‘‘(i) used for exploring for, producing,

15 or transporting oil; and

16 ‘‘(ii) has the capacity to transport,

17 store, transfer, or otherwise handle more

18 than 1,000 barrels of oil at any one time,

19 shall establish and maintain evidence of finan20 cial responsibility in the amount required under

21 subparagraph (B) or (C), applicable.

22 ‘‘(B) AMOUNT REQUIRED GENERALLY.—

23 Except as provided in subparagraph (C), for

24 purposes of subparagraph (A) the amount of fi25 nancial responsibility required is $35,000,000.
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1 ‘‘(C) GREATER AMOUNT.—If the President

2 determines that an amount of financial respon3 sibility greater than the amount required by

4 subparagraph (B) is necessary for an offshore

5 facility, based on an assessment of the risk

6 posed by the facility that includes consideration

7 of the relative operational, environmental,

8 human health, and other risks posed by the

9 quantity or quality of oil that is transported,

10 stored, transferred, or otherwise handled by the

11 facility, the amount of financial responsibility

12 required shall not exceed $150,000,000 deter13 mined by the President on the basis of clear

14 and convincing evidence that the risks posed

15 justify the greater amount.

16 ‘‘(D) MULTIPLE FACILITIES.—In a case in

17 which a person is responsible for more than one

18 facility subject to this subsection, evidence of fi19 nancial responsibility need be established only

20 to meet the amount applicable to the facility

21 having the greatest financial responsibility re22 quirement under this subsection.

23 ‘‘(E) GUARANTEE METHOD.—Except with

24 respect of financial responsibility established by
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1 the guarantee method, subsection (f) shall not

2 apply with respect to this subsection.’’.

3 SEC. 419. MANNING AND WATCH REQUIREMENTS ON TOW4 ING VESSELS ON THE GREAT LAKES.

5 (a) Section 8104(c) of title 46, United States Code,

6 is amended—

7 (1) by striking ‘‘or permitted’’; and

8 (2) by inserting after ‘‘day’’ the following: ‘‘or

9 permitted to work more than 15 hours in any 24-

10 hour period, or more than 36 hours in any 72-hour

11 period’’.

12 (b) Section 8104(e) of title 46, United States Code,

13 is amended by striking ‘‘subsections (c) and (d)’’ and in14 serting ‘‘subsection (d)’’.

15 (c) Section 8104(g) of title 46, United States Code,

16 is amended by striking ‘‘(except a vessel to which sub17 section (c) of this section applies)’’.

18 SEC. 420. LIMITATION ON APPLICATION OF CERTAIN LAWS

19 TO LAKE TEXOMA.

20 (a) LIMITATION.—The laws administered by the

21 Coast Guard relating to documentation or inspection of

22 vessels or licensing or documentation of vessel operators

23 do not apply to any small passenger vessel operating on

24 Lake Texoma.

25 (b) DEFINITIONS.—In this section:
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•HR 1361 RFS

1 (1) The term ‘‘Lake Texoma’’ means the im2 poundment by that name on the Red River, located

3 on the border between Oklahoma and Texas.

4 (2) The term ‘‘small passenger vessel’’ has the

5 meaning given that term in section 2101 of title 46,

6 United States Code.

7 SEC. 421. LIMITATION ON CONSOLIDATION OR RELOCA8 TION OF HOUSTON AND GALVESTON MARINE

9 SAFETY OFFICES.

10 The Secretary of Transportation may not consolidate

11 or relocate the Coast Guard Marine Safety Offices in Gal12 veston, Texas, and Houston, Texas.

13 SEC. 422. SENSE OF THE CONGRESS REGARDING FUNDING

14 FOR COAST GUARD.

15 It is the sense of the Congress that in appropriating

16 amounts for the Coast Guard, the Congress should appro17 priate amounts adequate to enable the Coast Guard to

18 carry out all extraordinary functions and duties the Coast

19 Guard is required to undertake in addition to its normal

20 functions established by law.

21 SEC. 423. CONVEYANCE OF LIGHT STATION, MONTAUK

22 POINT, NEW YORK.

23 (a) CONVEYANCE REQUIREMENT.—

24 (1) REQUIREMENT.—The Secretary of Trans25 portation shall convey to the Montauk Historical As-
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•HR 1361 RFS

1 sociation in Montauk, New York, by an appropriate

2 means of conveyance, all right, title, and interest of

3 the United States in and to property comprising

4 Light Station Montauk Point, located at Montauk,

5 New York.

6 (2) DETERMINATION OF PROPERTY.—The Sec7 retary may identify, describe, and determine the

8 property to be conveyed pursuant to this section.

9 (b) TERMS OF CONVEYANCE.—

10 (1) IN GENERAL.—A conveyance of property

11 pursuant to this section shall be made—

12 (A) without the payment of consideration;

13 and

14 (B) subject to the conditions required by

15 paragraphs (3) and (4) and such other terms

16 and conditions as the Secretary may consider

17 appropriate.

18 (2) REVERSIONARY INTEREST.—Any convey19 ance of property pursuant to this section shall be

20 subject to the condition that all right, title, and in21 terest in the Montauk Light Station shall imme22 diately revert to the United States if the Montauk

23 Light Station ceases to be maintained as a nonprofit

24 center for public benefit for the interpretation and

25 preservation of the material culture of the United
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•HR 1361 RFS

1 States Coast Guard, the maritime history of

2 Montauk, New York, and Native American and colo3 nial history.

4 (3) MAINTENANCE OF NAVIGATION AND FUNC5 TIONS.—Any conveyance of property pursuant to

6 this section shall be subject to such conditions as the

7 Secretary considers to be necessary to assure that—

8 (A) the light, antennas, sound signal, and

9 associated lighthouse equipment located on the

10 property conveyed, which are active aids to

11 navigation, shall continue to be operated and

12 maintained by the United States for as long as

13 they are needed for this purpose;

14 (B) the Montauk Historical Association

15 may not interfere or allow interference in any

16 manner with such aids to navigation without

17 express written permission from the United

18 States;

19 (C) there is reserved to the United States

20 the right to replace, or add any aids to naviga21 tion, or make any changes to the Montauk

22 Lighthouse as may be necessary for navigation

23 purposes;

24 (D) the United States shall have the right,

25 at any time, to enter the property conveyed
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•HR 1361 RFS

1 without notice for the purpose of maintaining

2 navigation aids;

3 (E) the United States shall have an ease4 ment of access to such property for the purpose

5 of maintaining the navigational aids in use on

6 the property; and

7 (F) the Montauk Light Station shall revert

8 to the United States at the end of the 30-day

9 period beginning on any date on which the Sec10 retary of Transportation provides written notice

11 to the Montauk Historical Association that the

12 Montauk Light Station is needed for national

13 security purposes.

14 (4) MAINTENANCE OF LIGHT STATION.—Any

15 conveyance of property under this section shall be

16 subject to the condition that the Montauk Historical

17 Association shall maintain the Montauk Light Sta18 tion in accordance with the provisions of the Na19 tional Historic Preservation Act (16 U.S.C. 470 et

20 seq.) and other applicable laws.

21 (5) LIMITATION ON OBLIGATIONS OF MONTAUK

22 HISTORICAL ASSOCIATION.—The Montauk Historical

23 Association shall not have any obligation to maintain

24 any active aid to navigation equipment on property

25 conveyed pursuant to this section.
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1 (c) DEFINITIONS.—For purposes of this section—

2 (1) the term ‘‘Montauk Light Station’’ means

3 the Coast Guard light station known as the Light

4 Station Montauk Point, located at Montauk, New

5 York, including the keeper’s dwellings, adjacent

6 Coast Guard rights-of-way, the World War II sub7 marine spotting tower, the lighthouse tower, and the

8 paint locker; and

9 (2) the term ‘‘Montauk Lighthouse’’ means the

10 Coast Guard lighthouse located at the Montauk

11 Light Station.

12 SEC. 424. CONVEYANCE OF CAPE ANN LIGHTHOUSE,

13 THACHERS ISLAND, MASSACHUSETTS.

14 (a) AUTHORITY TO CONVEY.—

15 (1) IN GENERAL.—The Secretary of Transpor16 tation shall convey to the town of Rockport, Massa17 chusetts, by an appropriate means of conveyance, all

18 right, title, and interest of the United States in and

19 to the property comprising the Cape Ann Light20 house, located on Thachers Island, Massachusetts.

21 (2) IDENTIFICATION OF PROPERTY.—The Sec22 retary may identify, describe, and determine the

23 property to be conveyed pursuant to this subsection.

24 (b) TERMS OF CONVEYANCE.—
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1 (1) IN GENERAL.—The conveyance of property

2 pursuant to this section shall be made—

3 (A) without payment of consideration; and

4 (B) subject to the conditions required by

5 paragraphs (3) and (4) and other terms and

6 conditions the Secretary may consider appro7 priate.

8 (2) REVERSIONARY INTEREST.—In addition to

9 any term or condition established pursuant to para10 graph (1), the conveyance of property pursuant to

11 this section shall be subject to the condition that all

12 right, title, and interest in the Cape Ann Lighthouse

13 shall immediately revert to the United States if the

14 Cape Ann Lighthouse, or any part of the property—

15 (A) ceases to be used as a nonprofit center

16 for the interpretation and preservation of mari17 time history;

18 (B) ceases to be maintained in a manner

19 that ensures its present or future use as a

20 Coast Guard aid to navigation; or

21 (C) ceases to be maintained in a manner

22 consistent with the provisions of the National

23 Historic Preservation Act of 1966 (16 U.S.C.

24 470 et seq.).
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1 (3) MAINTENANCE AND NAVIGATION FUNC2 TIONS.—The conveyance of property pursuant to

3 this section shall be made subject to the conditions

4 that the Secretary considers to be necessary to as5 sure that—

6 (A) the lights, antennas, and associated

7 equipment located on the property conveyed,

8 which are active aids to navigation, shall con9 tinue to be operated and maintained by the

10 United States;

11 (B) the town of Rockport may not inter12 fere or allow interference in any manner with

13 aids to navigation without express written per14 mission from the Secretary of Transportation;

15 (C) there is reserved to the United States

16 the right to relocate, replace, or add any aid to

17 navigation or make any changes to the Cape

18 Ann Lighthouse as may be necessary for navi19 gational purposes;

20 (D) the United States shall have the right,

21 at any time, to enter the property without no22 tice for the purpose of maintaining aids to navi23 gation; and

24 (E) the United States shall have an ease25 ment of access to the property for the purpose
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1 of maintaining the aids to navigation in use on

2 the property.

3 (4) OBLIGATION LIMITATION.—The town of

4 Rockport is not required to maintain any active aid

5 to navigation equipment on property conveyed pur6 suant to this section.

7 (5) PROPERTY TO BE MAINTAINED IN ACCORD8 ANCE WITH CERTAIN LAWS.—The town of Rockport

9 shall maintain the Cape Ann Lighthouse in accord10 ance with the National Historic Preservation Act of

11 1966 (16 U.S.C. 470 et seq.), and other applicable

12 laws.

13 (c) DEFINITIONS.—For purposes of this section, the

14 term ‘‘Cape Ann Lighthouse’’ means the Coast Guard

15 property located on Thachers Island, Massachusetts, ex16 cept any historical artifact, including any lens or lantern,

17 located on the property at or before the time of convey18 ance.

19 SEC. 425. AMENDMENTS TO JOHNSON ACT.

20 For purposes of section 5(b)(1)(A) of the Act of Jan21 uary 2, 1951 (15 U.S.C. 1175(b)(1)(A)), commonly

22 known as the Johnson Act, a vessel on a voyage that be23 gins in the territorial jurisdiction of the State of Indiana

24 and that does not leave the territorial jurisdiction of the

25 State of Indiana shall be considered to be a vessel that
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1 is not within the boundaries of any State or possession

2 of the United States.

3 SEC. 426. TRANSFER OF COAST GUARD PROPERTY IN

4 GOSNOLD, MASSACHUSETTS.

5 (a) CONVEYANCE REQUIREMENT.—The Secretary of

6 Transportation may convey to the town of Gosnold, Mas7 sachusetts, without reimbursement and by no later than

8 120 days after the date of enactment of this Act, all right,

9 title, and interest of the United States in and to the prop10 erty known as the ‘‘United States Coast Guard Cuttyhunk

11 Boathouse and Wharf’’, as described in subsection (c).

12 (b) CONDITIONS.—Any conveyance of property under

13 subsection (a) shall be subject to the condition that the

14 Coast Guard shall retain in perpetuity and at no cost—

15 (1) the right of access to, over, and through the

16 boathouse, wharf, and land comprising the property

17 at all times for the purpose of berthing vessels, in18 cluding vessels belonging to members of the Coast

19 Guard Auxiliary; and

20 (2) the right of ingress to and egress from the

21 property for purposes of access to Coast Guard fa22 cilities and performance of Coast Guard functions.

23 (c) PROPERTY DESCRIBED.—The property referred

24 to in subsection (a) is real property located in the town

25 of Gosnold, Massachusetts (including all buildings, struc-
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•HR 1361 RFS

1 tures, equipment, and other improvements), as determined

2 by the Secretary of Transportation.

3 SEC. 427. TRANSFER OF COAST GUARD PROPERTY IN NEW

4 SHOREHAM, RHODE ISLAND.

5 (a) REQUIREMENT.—The Secretary of Transpor6 tation (or any other official having control over the prop7 erty described in subsection (b)) shall expeditiously convey

8 to the town of New Shoreham, Rhode Island, without con9 sideration, all right, title, and interest of the United States

10 in and to the property known as the United States Coast

11 Guard Station Block Island, as described in subsection

12 (b), subject to all easements and other interest in the

13 property held by any other person.

14 (b) PROPERTY DESCRIBED.—The property referred

15 to in subsection (a) is real property (including buildings

16 and improvements) located on the west side of Block Is17 land, Rhode Island, at the entrance to the Great Salt Pond

18 and referred to in the books of the Tax Assessor of the

19 town of New Shoreham, Rhode Island, as lots 10 and 12,

20 comprising approximately 10.7 acres.

21 (c) REVERSIONARY INTEREST.—In addition to any

22 term or condition established pursuant to subsection (a),

23 any conveyance of property under subsection (a) shall be

24 subject to the condition that all right, title, and interest

25 in and to the property so conveyed shall immediately re-
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•HR 1361 RFS

1 vert to the United States if the property, or any part

2 thereof, ceases to be used by the town of New Shoreham,

3 Rhode Island.

4 (d) INDEMNIFICATION FOR PREEXISTING ENVIRON5 MENTAL LIABILITIES.—Notwithstanding any conveyance

6 of property under this section, after such conveyance the

7 Secretary of Transportation shall indemnify the town of

8 New Shoreham, Rhode Island, for any environmental li9 ability arising from the property, that existed before the

10 date of the conveyance.

11 SEC. 428. VESSEL DEEMED TO BE A RECREATIONAL

12 VESSEL.

13 The vessel, an approximately 96 meter twin screw

14 motor yacht for which construction commenced in October

15 1993 (to be named the LIMITLESS), is deemed to be

16 a recreational vessel under chapter 43 of title 46, United

17 States Code.

18 SEC. 429. REQUIREMENT FOR PROCUREMENT OF BUOY

19 CHAIN.

20 (a) REQUIREMENT.—Chapter 5 of title 14, United

21 States Code, is amended by adding at the end the

22 following:

23 ‘‘§ 96. Procurement of buoy chain

24 ‘‘(a) The Coast Guard may not procure buoy chain—
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1 ‘‘(1) that is not manufactured in the United

2 States; or

3 ‘‘(2) substantially all of the components of

4 which are not produced or manufactured in the

5 United States.

6 ‘‘(b) For purposes of subsection (a)(2), substantially

7 all of the components of a buoy chain shall be considered

8 to be produced or manufactured in the United States if

9 the aggregate cost of the components thereof which are

10 produced or manufactured in the United States is greater

11 than the aggregate cost of the components thereof which

12 are produced or manufactured outside the United States.

13 ‘‘(c) In this section—

14 ‘‘(1) the term ‘buoy chain’ means any chain,

15 cable, or other device that is—

16 ‘‘(A) used to hold in place, by attachment

17 to the bottom of a body of water, a floating aid

18 to navigation; and

19 ‘‘(B) not more than 4 inches in diameter;

20 and

21 ‘‘(2) the term ‘manufacture’ includes cutting,

22 heat treating, quality control, welding (including the

23 forging and shot blasting process), and testing.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 for chapter 5 of title 14, United States Code, is amended

3 by adding at the end the following:

‘‘96. Procurement of buoy chain.’’.

4 SEC. 430. CRUISE VESSEL TORT REFORM.

5 (a) Section 4283 of the Revised Statutes of the

6 United States (46 App. 183), is amended by adding a new

7 subsection (g) to read as follows:

8 ‘‘(g) In a suit by any person in which a shipowner,

9 operator, or employer of a crew member is claimed to have

10 direct or vicarious liability for medical malpractice or

11 other tortious conduct occurring at a shoreside facility, or

12 in which the damages sought are alleged to result from

13 the referral to or treatment by any shoreside doctor, hos14 pital, medical facility, or other health care provider, the

15 shipowner, operator, or employer shall be entitled to rely

16 upon any and all statutory limitations of liability applica17 ble to the doctor, hospital, medical facility, or other health

18 care provider in the State in which the shoreside medical

19 care was provided.’’.

20 (b) Section 4283b of the Revised Statutes of the

21 United States (46 App. 183c) is amended by adding a new

22 subsection to read as follows:

23 ‘‘(b) Subsection (a) shall not prohibit provisions or

24 limitations in contracts, agreements, or ticket conditions

25 of carriage with passengers which relieve a manager,
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1 agent, master, owner, or operator of a vessel from liability

2 for infliction of emotional distress, mental suffering, or

3 psychological injury so long as such provisions or limita4 tions do not limit liability if the emotional distress, mental

5 suffering, or psychological injury was—

6 ‘‘(1) the result of substantial physical injury to

7 the claimant caused by the negligence or fault of the

8 manager, agent, master, owner, or operator;

9 ‘‘(2) the result of the claimant having been at

10 actual risk of substantial physical injury, which risk

11 was caused by the negligence or fault of the man12 ager, agent, master, owner, or operator; or

13 ‘‘(3) intentionally inflicted by the manager,

14 agent, master, owner, or operator.’’.

15 (c) Section 20 of chapter 153 of the Act of March

16 4, 1915 (46 App. 688) is amended by adding a new sub17 section to read as follows:

18 ‘‘(c) LIMITATION FOR CERTAIN ALIENS IN CASE OF

19 CONTRACTUAL ALTERNATIVE FORUM.—

20 ‘‘(1) No action may be maintained under sub21 section (a) or under any other maritime law of the

22 United States for maintenance and cure or for dam23 ages for the injury or death of a person who was not

24 a citizen or permanent legal resident alien of the

25 United States at the time of the incident giving rise
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1 to the action, if the incident giving rise to the action

2 occurred while the person was employed on board a

3 vessel documented other than under the laws of the

4 United States, which vessel was owned by an entity

5 organized other than under the laws of the United

6 States or by a person who is not a citizen or perma7 nent legal resident alien.

8 ‘‘(2) The provisions of paragraph (1) shall only

9 apply if—

10 ‘‘(A) the incident giving rise to the action

11 occurred while the person bringing the action

12 was a party to a contract of employment or was

13 subject to a collective bargaining agreement

14 which, by its terms, provided for an exclusive

15 forum for resolution of all such disputes or ac16 tions in a nation other than the United States,

17 a remedy is available to the person under the

18 laws of that nation, and the party seeking to

19 dismiss an action under paragraph (1) is willing

20 to stipulate to jurisdiction under the laws of

21 such nation as to such incident; or

22 ‘‘(B) a remedy is available to the person

23 bringing the action under the laws of the nation

24 in which the person maintained citizenship or

25 permanent residency at the time of the incident
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1 giving rise to the action and the party seeking

2 to dismiss an action under paragraph (1) is

3 willing to stipulate to jurisdiction under the

4 laws of such nation as to such incident.

5 ‘‘(3) The provisions of paragraph (1) of this

6 subsection shall not be interpreted to require a court

7 in the United States to accept jurisdiction of any ac8 tions.’’.

9 SEC. 431. LIMITATION ON FEES AND CHARGES WITH RE10 SPECT TO FERRIES.

11 The Secretary of the department in which the Coast

12 Guard is operating may not assess or collect any fee or

13 charge with respect to a ferry. Notwithstanding any other

14 provision of this Act, the Secretary is authorized to reduce

15 expenditures in an amount equal to the fees or charges

16 which are not collected or assessed as a result of this sec17 tion.

18 TITLE V—COAST GUARD

19 REGULATORY REFORM

20 SEC. 501. SHORT TITLE.

21 This title may be cited as the ‘‘Coast Guard Regu22 latory Reform Act of 1995’’.
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1 SEC. 502. SAFETY MANAGEMENT.

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

3 States Code, is amended by adding after chapter 31 the

4 following new chapter:

5 ‘‘CHAPTER 32—MANAGEMENT OF VESSELS

‘‘Sec.

‘‘3201. Definitions.

‘‘3202. Application.

‘‘3203. Safety management system.

‘‘3204. Implementation of safety management system.

‘‘3205. Certification.

6 ‘‘§ 3201. Definitions

7 ‘‘In this chapter—

8 ‘‘(1) ‘International Safety Management Code’

9 has the same meaning given that term in chapter IX

10 of the Annex to the International Convention for the

11 Safety of Life at Sea, 1974;

12 ‘‘(2) ‘responsible person’ means—

13 ‘‘(A) the owner of a vessel to which this

14 chapter applies; or

15 ‘‘(B) any other person that has—

16 ‘‘(i) assumed the responsibility for op17 eration of a vessel to which this chapter

18 applies from the owner; and

19 ‘‘(ii) agreed to assume with respect to

20 the vessel responsibility for complying with

21 all the requirements of this chapter and
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1 the regulations prescribed under this chap2 ter;

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

4 a vessel to which this chapter applies—

5 ‘‘(A) arriving at a place under the jurisdic6 tion of the United States from a place in a for7 eign country;

8 ‘‘(B) making a voyage between places out9 side the United States; or

10 ‘‘(C) departing from a place under the ju11 risdiction of the United States for a place in a

12 foreign country.

13 ‘‘§ 3202. Application

14 ‘‘(a) MANDATORY APPLICATION.—This chapter ap15 plies to the following vessels engaged on a foreign voyage:

16 ‘‘(1) Beginning July 1, 1998—

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

18 passengers described in section 2101(21)(A) of

19 this title; and

20 ‘‘(B) a tanker, bulk freight vessel, or high21 speed freight vessel, of at least 500 gross tons.

22 ‘‘(2) Beginning July 1, 2002, a freight vessel

23 and a mobile offshore drilling unit of at least 500

24 gross tons.
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1 ‘‘(b) VOLUNTARY APPLICATION.—This chapter ap2 plies to a vessel not described in subsection (a) of this

3 section if the owner of the vessel requests the Secretary

4 to apply this chapter to the vessel.

5 ‘‘(c) EXCEPTION.—Except as provided in subsection

6 (b) of this section, this chapter does not apply to—

7 ‘‘(1) a barge;

8 ‘‘(2) a recreational vessel not engaged in com9 mercial service;

10 ‘‘(3) a fishing vessel;

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

12 its tributary and connecting waters; or

13 ‘‘(5) a public vessel.

14 ‘‘§ 3203. Safety management system

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

16 regulations which establish a safety management system

17 for responsible persons and vessels to which this chapter

18 applies, including—

19 ‘‘(1) a safety and environmental protection pol20 icy;

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

22 operation of those vessels and protection of the envi23 ronment in compliance with international and Unit24 ed States law;
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1 ‘‘(3) defined levels of authority and lines of

2 communications between, and among, personnel on

3 shore and on the vessel;

4 ‘‘(4) procedures for reporting accidents and

5 nonconformities with this chapter;

6 ‘‘(5) procedures for preparing for and respond7 ing to emergency situations; and

8 ‘‘(6) procedures for internal audits and man9 agement reviews of the system.

10 ‘‘(b) COMPLIANCE WITH CODE.—Regulations pre11 scribed under this section shall be consistent with the

12 International Safety Management Code with respect to

13 vessels engaged on a foreign voyage.

14 ‘‘§ 3204. Implementation of safety management sys15 tem

16 ‘‘(a) SAFETY MANAGEMENT PLAN.—Each respon17 sible person shall establish and submit to the Secretary

18 for approval a safety management plan describing how

19 that person and vessels of the person to which this chapter

20 applies will comply with the regulations prescribed under

21 section 3203(a) of this title.

22 ‘‘(b) APPROVAL.—Upon receipt of a safety manage23 ment plan submitted under subsection (a), the Secretary

24 shall review the plan and approve it if the Secretary deter25 mines that it is consistent with and will assist in imple-
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1 menting the safety management system established under

2 section 3203.

3 ‘‘(c) PROHIBITION ON VESSEL OPERATION.—A ves4 sel to which this chapter applies under section 3202(a)

5 may not be operated without having on board a Safety

6 Management Certificate and a copy of a Document of

7 Compliance issued for the vessel under section 3205 of

8 this title.

9 ‘‘§ 3205. Certification

10 ‘‘(a) ISSUANCE OF CERTIFICATE AND DOCUMENT.—

11 After verifying that the responsible person for a vessel to

12 which this chapter applies and the vessel comply with the

13 applicable requirements under this chapter, the Secretary

14 shall issue for the vessel, on request of the responsible per15 son, a Safety Management Certificate and a Document of

16 Compliance.

17 ‘‘(b) MAINTENANCE OF CERTIFICATE AND DOCU18 MENT.—A Safety Management Certificate and a Docu19 ment of Compliance issued for a vessel under this section

20 shall be maintained by the responsible person for the ves21 sel as required by the Secretary.

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

23 shall—

24 ‘‘(1) periodically review whether a responsible

25 person having a safety management plan approved
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1 under section 3204(b) and each vessel to which the

2 plan applies is complying with the plan; and

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

4 and each Safety Management Certificate and Docu5 ment of Compliance issued to the person for a vessel

6 to which the plan applies, if the Secretary deter7 mines that the person or a vessel to which the plan

8 applies has not complied with the plan.

9 ‘‘(d) ENFORCEMENT.—At the request of the Sec10 retary, the Secretary of the Treasury shall withhold or re11 voke the clearance required by section 4197 of the Revised

12 Statutes (46 App. U.S.C. 91) of a vessel that is subject

13 to this chapter under section 3202(a) of this title or to

14 the International Safety Management Code, if the vessel

15 does not have on board a Safety Management Certificate

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

17 Clearance may be granted on filing a bond or other surety

18 satisfactory to the Secretary.’’.

19 (b) CLERICAL AMENDMENT.—The table of chapters

20 at the beginning of subtitle II of title 46, United States

21 Code, is amended by inserting after the item relating to

22 chapter 31 the following:

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

23 (c) STUDY.—

24 (1) STUDY.—The Secretary of Transportation

25 shall conduct, in cooperation with the owners,
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1 charterers, and managing operators of vessels docu2 mented under chapter 121 of title 46, United States

3 Code, and other interested persons, a study of the

4 methods that may be used to implement and enforce

5 the International Management Code for the Safe

6 Operation of Ships and for Pollution Prevention

7 under chapter IX of the Annex to the International

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

9 (2) REPORT.—The Secretary shall submit to

10 the Congress a report of the results of the study re11 quired under paragraph (1) before the earlier of—

12 (A) the date that final regulations are pre13 scribed under section 3203 of title 46, United

14 States Code (as enacted by subsection (a)); or

15 (B) the date that is 1 year after the date

16 of enactment of this Act.

17 SEC. 503. USE OF REPORTS, DOCUMENTS, RECORDS, AND

18 EXAMINATIONS OF OTHER PERSONS.

19 (a) REPORTS, DOCUMENTS, AND RECORDS.—Chap20 ter 31 of title 46, United States Code, is amended by add21 ing the following new section:

22 ‘‘§ 3103. Use of reports, documents, and records

23 ‘‘The Secretary may rely, as evidence of compliance

24 with this subtitle, on—
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1 ‘‘(1) reports, documents, and records of other

2 persons who have been determined by the Secretary

3 to be reliable; and

4 ‘‘(2) other methods the Secretary has deter5 mined to be reliable.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 for chapter 31 of title 46, United States Code, is amended

8 by adding at the end the following:

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

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

10 States Code, is amended by inserting ‘‘or have examined’’

11 after ‘‘examine’’.

12 SEC. 504. EQUIPMENT APPROVAL.

13 (a) IN GENERAL.—Section 3306(b) of title 46, Unit14 ed States Code, is amended to read as follows:

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

16 under this section may not be used on any vessel without

17 prior approval of the Secretary.

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

19 the Secretary may treat an approval of equipment or ma20 terials by a foreign government as approval by the Sec21 retary for purposes of paragraph (1) if the Secretary de22 termines that—

23 ‘‘(A) the design standards and testing proce24 dures used by that government meet the require-
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1 ments of the International Convention for the Safety

2 of Life at Sea, 1974;

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

4 by the foreign government will secure the safety of

5 individuals and property on board vessels subject to

6 inspection; and

7 ‘‘(C) for lifesaving equipment, the foreign gov8 ernment—

9 ‘‘(i) has given equivalent treatment to ap10 provals of lifesaving equipment by the Sec11 retary; and

12 ‘‘(ii) otherwise ensures that lifesaving

13 equipment approved by the Secretary may be

14 used on vessels that are documented and sub15 ject to inspection under the laws of that coun16 try.’’.

17 (b) FOREIGN APPROVALS.—The Secretary of Trans18 portation, in consultation with other interested Federal

19 agencies, shall work with foreign governments to have

20 those governments approve the use of the same equipment

21 and materials on vessels documented under the laws of

22 those countries that the Secretary requires on United

23 States documented vessels.

24 (c) TECHNICAL AMENDMENT.—Section 3306(a)(4)

25 of title 46, United States Code, is amended by striking
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1 ‘‘clauses (1)–(3)’’ and inserting ‘‘paragraphs (1), (2), and

2 (3)’’.

3 SEC. 505. FREQUENCY OF INSPECTION.

4 (a) FREQUENCY OF INSPECTION, GENERALLY.—Sec5 tion 3307 of title 46, United States Code, is amended—

6 (1) in paragraph (1)—

7 (A) by striking ‘‘nautical school vessel’’

8 and inserting ‘‘, nautical school vessel, and

9 small passenger vessel allowed to carry more

10 than 12 passengers on a foreign voyage’’; and

11 (B) by adding ‘‘and’’ after the semicolon

12 at the end;

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

14 paragraph (3) as paragraph (2); and

15 (3) in paragraph (2) (as so redesignated), by

16 striking ‘‘2 years’’ and inserting ‘‘5 years’’.

17 (b) CONFORMING AMENDMENT.—Section 3710(b) of

18 title 46, United States Code, is amended by striking ‘‘24

19 months’’ and inserting ‘‘5 years’’.

20 SEC. 506. CERTIFICATE OF INSPECTION.

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

22 amended by striking ‘‘(but not more than 60 days)’’.
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1 SEC. 507. DELEGATION OF AUTHORITY OF SECRETARY TO

2 CLASSIFICATION SOCIETIES.

3 (a) AUTHORITY TO DELEGATE.—Section 3316 of

4 title 46, United States Code, is amended—

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

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

7 subsections (a) and (b), respectively; and

8 (3) in subsection (b), as so redesignated, by—

9 (A) redesignating paragraph (2) as para10 graph (3); and

11 (B) striking so much of the subsection as

12 precedes paragraph (3), as so redesignated, and

13 inserting the following:

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

15 Bureau of Shipping or another classification society recog16 nized by the Secretary as meeting acceptable standards

17 for such a society, for a vessel documented or to be docu18 mented under chapter 121 of this title, the authority to—

19 ‘‘(A) review and approve plans required for is20 suing a certificate of inspection required by this

21 part;

22 ‘‘(B) conduct inspections and examinations; and

23 ‘‘(C) issue a certificate of inspection required by

24 this part and other related documents.

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

26 paragraph (1) to a foreign classification society only—
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1 ‘‘(A) to the extent that the government of the

2 foreign country in which the society is headquartered

3 delegates authority and provides access to the Amer4 ican Bureau of Shipping to inspect, certify, and pro5 vide related services to vessels documented in that

6 country; and

7 ‘‘(B) if the foreign classification society has of8 fices and maintains records in the United States.’’.

9 (b) CONFORMING AMENDMENTS.—

10 (1) The heading for section 3316 of title 46,

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

12 ‘‘§ 3316. Classification societies’’.

13 (2) The table of sections for chapter 33 of title

14 46, United States Code, is amended by striking the

15 item relating to section 3316 and inserting the fol16 lowing:

‘‘3316. Classification societies.’’.

17 TITLE VI—DOCUMENTATION OF

18 VESSELS

19 SEC. 601. AUTHORITY TO ISSUE COASTWISE ENDORSE20 MENTS.

21 Section 12106 of title 46, United States Code, is fur22 ther amended by adding at the end the following new sub23 section:

24 ‘‘(g) A coastwise endorsement may be issued for a

25 vessel that—
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1 ‘‘(1) is less than 200 gross tons;

2 ‘‘(2) is eligible for documentation;

3 ‘‘(3) was built in the United States; and

4 ‘‘(4) was—

5 ‘‘(A) sold foreign in whole or in part; or

6 ‘‘(B) placed under foreign registry.’’.

7 SEC. 602. VESSEL DOCUMENTATION FOR CHARITY

8 CRUISES.

9 (a) AUTHORITY TO DOCUMENT VESSELS.—

10 (1) IN GENERAL.—Notwithstanding section 27

11 of the Merchant Marine Act, 1920 (46 App. U.S.C.

12 883), the Act of June 19, 1886 (46 App. U.S.C.

13 289), and section 12106 of title 46, United States

14 Code, and subject to paragraph (2), the Secretary of

15 Transportation may issue a certificate of documenta16 tion with a coastwise endorsement for each of the

17 following vessels:

18 (A) GALLANT LADY (Feadship hull

19 number 645, approximately 130 feet in length).

20 (B) GALLANT LADY (Feadship hull

21 number 651, approximately 172 feet in length).

22 (2) LIMITATION ON OPERATION.—Coastwise

23 trade authorized under a certificate of documenta24 tion issued for a vessel under this section shall be

25 limited to carriage of passengers in association with
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1 contributions to charitable organizations no portion

2 of which is received, directly or indirectly, by the

3 owner of the vessel.

4 (3) CONDITION.—The Secretary may not issue

5 any certificate of documentation under paragraph

6 (1) unless the owner of the vessel referred to in

7 paragraph (1)(A) (in this section referred to as the

8 ‘‘owner’’), within 90 days after the date of the en9 actment of this Act, submits to the Secretary a let10 ter expressing the intent of the owner to enter into

11 a contract before October 1, 1996, for construction

12 in the United States of a passenger vessel of at least

13 130 feet in length.

14 (4) EFFECTIVE DATE OF CERTIFICATES.—A

15 certificate of documentation issued under paragraph

16 (1)—

17 (A) for the vessel referred to in paragraph

18 (1)(A), shall take effect on the date of issuance

19 of the certificate; and

20 (B) for the vessel referred to in paragraph

21 (1)(B), shall take effect on the date of delivery

22 of the vessel to the owner.

23 (b) TERMINATION OF EFFECTIVENESS OF CERTIFI24 CATES.—A certificate of documentation issued for a vessel

25 under section (a)(1) shall expire—
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1 (1) on the date of the sale of the vessel by the

2 owner;

3 (2) on October 1, 1996, if the owner has not

4 entered into a contract for construction of a vessel

5 in accordance with the letter of intent submitted to

6 the Secretary under subsection (a)(3); and

7 (3) on any date on which such a contract is

8 breached, rescinded, or terminated (other than for

9 completion of performance of the contract) by the

10 owner.

11 SEC. 603. EXTENSION OF DEADLINE FOR CONVERSION OF

12 VESSEL M/V TWIN DRILL.

13 Section 601(d) of Public Law 103–206 (107 Stat.

14 2445) is amended—

15 (1) in paragraph (3), by striking ‘‘1995’’ and

16 inserting ‘‘1996’’; and

17 (2) in paragraph (4), by striking ‘‘12’’ and in18 serting ‘‘24’’.

19 SEC. 604. DOCUMENTATION OF VESSEL RAINBOW’S END.

20 Notwithstanding section 27 of the Merchant Marine

21 Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886

22 (46 App. U.S.C. 289), and sections 12106, 12107, and

23 12108 of title 46, United States Code, the Secretary of

24 Transportation may issue a certificate of documentation

25 with appropriate endorsements for employment in the
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1 coastwise trade, Great Lakes trade, and the fisheries for

2 the vessel RAINBOW’S END (official number 1026899;

3 hull identification number MY13708C787).

4 SEC. 605. DOCUMENTATION OF VESSEL GLEAM.

5 Notwithstanding section 27 of the Merchant Marine

6 Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886

7 (46 App. U.S.C. 289), and section 12106 of title 46, Unit8 ed States Code, the Secretary of Transportation may issue

9 a certificate of documentation with appropriate endorse10 ment for employment in the coastwise trade for the vessel

11 GLEAM (United States official number 921594).

12 SEC. 606. DOCUMENTATION OF VARIOUS VESSELS.

13 (a) IN GENERAL.—Notwithstanding section 27 of the

14 Merchant Marine Act, 1920 (46 App. U.S.C. 883), the

15 Act of June 19, 1886 (46 App. U.S.C. 289), the Act of

16 May 28, 1906 (46 App. U.S.C. 292), and sections 12106,

17 12107, and 12108 of title 46, United States Code, the

18 Secretary of the department in which the Coast Guard is

19 operating may issue a certificate of documentation with

20 appropriate endorsements for each of the vessels listed in

21 subsection (b).

22 (b) VESSELS DESCRIBED.—The vessels referred to in

23 subsection (a) are the following:

24 (1) ANNAPOLIS (United States official num25 ber 999008).
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1 (2) CHESAPEAKE (United States official

2 number 999010).

3 (3) CONSORT (United States official number

4 999005).

5 (4) CURTIS BAY (United States official num6 ber 999007).

7 (5) HAMPTON ROADS (United States official

8 number 999009).

9 (6) JAMESTOWN (United States official num10 ber 999006).

11 (7) 2 barges owned by Roen Salvage (a cor12 poration organized under the laws of the State of

13 Wisconsin) and numbered by that company as barge

14 103 and barge 203.

15 (8) RATTLESNAKE (Canadian registry offi16 cial number 802702).

17 (9) CAROLYN (Tennessee State registration

18 number TN1765C).

19 (10) SMALLEY (6808 Amphibious Dredge,

20 Florida State registration number FL1855FF).

21 (11) BEULA LEE (United States official num22 ber 928211).

23 (12) FINESSE (Florida State official number

24 7148HA).
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1 (13) WESTEJORD (Hull Identification Num2 ber X–53–109).

3 (14) MAGIC CARPET (United States official

4 number 278971).

5 (15) AURA (United States official number

6 1027807).

7 (16) ABORIGINAL (United States official

8 number 942118).

9 (17) ISABELLE (United States official num10 ber 600655).

11 (18) 3 barges owned by the Harbor Marine

12 Corporation (a corporation organized under the laws

13 of the State of Rhode Island) and referred to by

14 that company as Harbor 221, Harbor 223, and

15 Gene Elizabeth.

16 (19) SHAMROCK V (United States official

17 number 900936).

18 (20) ENDEAVOUR (United States official

19 number 947869).

20 (21) CHRISSY (State of Maine registration

21 number 4778B).

22 (22) EAGLE MAR (United States official num23 ber 575349).
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1 SEC. 607. DOCUMENTATION OF 4 BARGES.

2 (a) IN GENERAL.—Notwithstanding section 27 of the

3 Merchant Marine Act, 1920 (46 App. U.S.C. 883), section

4 1 of the Act of May 28, 1906 (46 App. U.S.C. 292), and

5 section 12106 of title 46, United States Code, the Sec6 retary of Transportation may issue a certificate of docu7 mentation with appropriate endorsements for each of the

8 vessels listed in subsection (b).

9 (b) VESSELS DESCRIBED.—The vessels referred to in

10 subsection (a) are 4 barges owned by McLean Contracting

11 Company (a corporation organized under the laws of the

12 State of Maryland) and numbered by that company as fol13 lows:

14 (1) Barge 76 (official number 1030612).

15 (2) Barge 77 (official number 1030613).

16 (3) Barge 78 (official number 1030614).

17 (4) Barge 100 (official number 1030615).

18 SEC. 608. LIMITED WAIVER FOR ENCHANTED ISLE AND EN19 CHANTED SEAS.

20 Notwithstanding section 27 of the Merchant Marine

21 Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886

22 (46 App. U.S.C. 289), section 12106 of title 46, United

23 States Code, section 506 of the Merchant Marine Act,

24 1936 (46 App. U.S.C. 1156), and any agreement with the

25 United States Government, the Secretary of Transpor26 tation may issue a certificate of documentation with a
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1 coastwise endorsement for the vessels ENCHANTED

2 ISLE (Panamanian official number 14087–84B) and EN3 CHANTED SEAS (Panamanian official number 14064–

4 84D), except that the vessels may not operate between or

5 among islands in the State of Hawaii.

6 SEC. 609. LIMITED WAIVER FOR MV PLATTE.

7 Notwithstanding any other law or any agreement

8 with the United States Government, the vessel MV

9 PLATTE (ex-SPIRIT OF TEXAS) (United States offi10 cial number 653210) may be sold to a person that is not

11 a citizen of the United States and transferred to or placed

12 under a foreign registry.

13 TITLE VII—TECHNICAL AND

14 CONFORMING AMENDMENTS

15 SEC. 701. AMENDMENT OF INLAND NAVIGATION RULES.

16 Section 2 of the Inland Navigational Rules Act of

17 1980 is amended—

18 (1) by amending Rule 9(e)(i) (33 U.S.C.

19 2009(e)(i)) to read as follows:

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

21 the power-driven vessel intending to overtake another

22 power-driven vessel shall indicate her intention by sound23 ing the appropriate signal prescribed in Rule 34(c) and

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

25 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) in Rule 15(b) (33 U.S.C. 2015(b)) by in5 serting ‘‘power-driven’’ after ‘‘Secretary, a’’;

6 (3) in Rule 23(a)(i) (33 U.S.C. 2023(a)(i))

7 after ‘‘masthead light forward’’; by striking ‘‘except

8 that a vessel of less than 20 meters in length need

9 not exhibit this light forward of amidships but shall

10 exhibit it as far forward as is practicable;’’;

11 (4) by amending Rule 24(f) (33 U.S.C.

12 2024(f)) to read as follows:

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

14 alongside or pushed in a group shall be lighted as one ves15 sel, except as provided in paragraph (iii)—

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

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

18 sidelights and a special flashing light;

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

20 a sternlight and at the forward end, sidelights and

21 a special flashing light; and

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

23 sides of the towing vessels a stern light shall be ex24 hibited on the stern of the outboard vessel on each

25 side of the towing vessel, and a single set of
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1 sidelights as far forward and as far outboard as is

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

3 (5) in Rule 26 (33 U.S.C 2026)—

4 (A) in each of subsections (b)(i) and (c)(i)

5 by striking ‘‘a vessel of less than 20 meters in

6 length may instead of this shape exhibit a bas7 ket;’’; and

8 (B) by amending subsection (d) to read as

9 follows:

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

11 these Rules apply to a vessel engaged in fishing in close

12 proximity to other vessels engaged in fishing.’’; and

13 (6) by amending Rule 34(h) (33 U.S.C. 2034)

14 to read as follows:

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

16 vessel in a head-on, crossing, or overtaking situation, as

17 for example, by using the radiotelephone as prescribed by

18 the Vessel Bridge-to-Bridge Radiotelephone Act (85 Stat.

19 164; 33 U.S.C. 1201 et seq.), is not obliged to sound the

20 whistle signals prescribed by this rule, but may do so. If

21 agreement is not reached, then whistle signals shall be ex22 changed in a timely manner and shall prevail.’’.

23 SEC. 702. MEASUREMENT OF VESSELS.

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

25 amended by redesignating the existing text after the sec-
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1 tion heading as subsection (a) and by adding at the end

2 the following new subsection:

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

4 be prescribed under this section, the Secretary may pre5 scribe it by regulation. The alternate tonnage shall, to the

6 maximum extent possible, be equivalent to the statutorily

7 established tonnage. Until an alternate tonnage is pre8 scribed, the statutorily established tonnage shall apply to

9 vessels measured under chapter 143 or chapter 145 of this

10 title.’’.

11 SEC. 703. LONGSHORE AND HARBOR WORKERS COMPENSA12 TION.

13 Section 3(d)(3)(B) of the Longshore and Harbor

14 Workers’ Compensation Act (33 U.S.C. 903(d)(3)(B)) is

15 amended by inserting after ‘‘1,600 tons gross’’ the follow16 ing: ‘‘as measured under section 14502 of title 46, United

17 States Code, or an alternate tonnage measured under sec18 tion 14302 of that title as prescribed by the Secretary

19 under section 14104 of that title’’.

20 SEC. 704. RADIOTELEPHONE REQUIREMENTS.

21 Section 4(a)(2) of the Vessel Bridge-to-Bridge Radio22 telephone Act (33 U.S.C. 1203(a)(2)) is amended by in23 serting after ‘‘one hundred gross tons’’ the following ‘‘as

24 measured under section 14502 of title 46, United States

25 Code, or an alternate tonnage measured under section
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1 14302 of that title as prescribed by the Secretary under

2 section 14104 of that title,’’.

3 SEC. 705. VESSEL OPERATING REQUIREMENTS.

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

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

6 ‘‘300 gross tons’’ the following: ‘‘as measured under sec7 tion 14502 of title 46, United States Code, or an alternate

8 tonnage measured under section 14302 of that title as pre9 scribed by the Secretary under section 14104 of that

10 title’’.

11 SEC. 706. MERCHANT MARINE ACT, 1920.

12 Section 27A of the Merchant Marine Act, 1920 (46

13 U.S.C. App. 883–1), is amended by inserting after ‘‘five

14 hundred gross tons’’ the following: ‘‘as measured under

15 section 14502 of title 46, United States Code, or an alter16 nate tonnage measured under section 14302 of that title

17 as prescribed by the Secretary under section 14104 of that

18 title,’’.

19 SEC. 707. MERCHANT MARINE ACT, 1956.

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

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

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

23 14502 of title 46, United States Code, or an alternate ton24 nage measured under section 14302 of that title as pre-
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1 scribed by the Secretary under section 14104 of that

2 title’’.

3 SEC. 708. MARITIME EDUCATION AND TRAINING.

4 Section 1302(4)(A) of the Merchant Marine Act,

5 1936 (46 U.S.C. App. 1295a(4)(a)) is amended by insert6 ing after ‘‘1,000 gross tons or more’’ the following: ‘‘as

7 measured under section 14502 of title 46, United States

8 Code, or an alternate tonnage measured under section

9 14302 of that title as prescribed by the Secretary under

10 section 14104 of that title’’.

11 SEC. 709. GENERAL DEFINITIONS.

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

13 amended—

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

15 gross tons’’ the following: ‘‘as measured under sec16 tion 14502 of title 46, United States Code, or an al17 ternate tonnage measured under section 14302 of

18 that title as prescribed by the Secretary under sec19 tion 14104 of that title’’;

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

21 ‘‘3,500 gross tons’’ the following: ‘‘as measured

22 under section 14502 of title 46, United States Code,

23 or an alternate tonnage measured under section

24 14302 of that title as prescribed by the Secretary

25 under section 14104 of that title’’;
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1 (3) in paragraph (19), by inserting after ‘‘500

2 gross tons’’ the following: ‘‘as measured under sec3 tion 14502 of title 46, United States Code, or an al4 ternate tonnage measured under section 14302 of

5 that title as prescribed by the Secretary under sec6 tion 14104 of that title’’;

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

8 gross tons’’ the following: ‘‘as measured under sec9 tion 14502 of title 46, United States Code, or an al10 ternate tonnage measured under section 14302 of

11 that title as prescribed by the Secretary under sec12 tion 14104 of that title’’;

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

14 ‘‘500 gross tons’’ the following: ‘‘as measured under

15 section 14502 of title 46, United States Code, or an

16 alternate tonnage measured under section 14302 of

17 that title as prescribed by the Secretary under sec18 tion 14104 of that title’’;

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

20 gross tons’’ the following: ‘‘as measured under sec21 tion 14502 of title 46, United States Code, or an al22 ternate tonnage measured under section 14302 of

23 that title as prescribed by the Secretary under sec24 tion 14104 of that title’’;
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1 (7) in paragraph (33), by inserting after ‘‘300

2 gross tons’’ the following: ‘‘as measured under sec3 tion 14502 of title 46, United States Code, or an al4 ternate tonnage measured under section 14302 of

5 that title as prescribed by the Secretary under sec6 tion 14104 of that title’’;

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

8 gross tons’’ the following: ‘‘as measured under sec9 tion 14502 of title 46, United States Code, or an al10 ternate tonnage measured under section 14302 of

11 that title as prescribed by the Secretary under sec12 tion 14104 of that title’’; and

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

14 gross tons’’ each place it appears, the following: ‘‘as

15 measured under section 14502 of title 46, United

16 States Code, or an alternate tonnage measured

17 under section 14302 of that title as prescribed by

18 the Secretary under section 14104 of that title’’.

19 SEC. 710. AUTHORITY TO EXEMPT 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 following: ‘‘as measured under section 14502 of

25 title 46, United States Code, or an alternate tonnage
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1 measured under section 14302 of that title as pre2 scribed by the Secretary under section 14104 of that

3 title’’; and

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

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

6 the following: ‘‘as measured under section 14502 of

7 title 46, United States Code, or an alternate tonnage

8 measured under section 14302 of that title as pre9 scribed by the Secretary under section 14104 of that

10 title’’.

11 SEC. 711. INSPECTION OF VESSELS.

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

13 amended—

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

15 ‘‘5,000 gross tons’’ the following: ‘‘as measured

16 under section 14502 of title 46, United States Code,

17 or an alternate tonnage measured under section

18 14302 of that title as prescribed by the Secretary

19 under section 14104 of that title’’;

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

21 gross tons’’ the following: ‘‘as measured under sec22 tion 14502 of title 46, United States Code, or an al23 ternate tonnage measured under section 14302 of

24 that title as prescribed by the Secretary under sec25 tion 14104 of that title’’;
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1 (3) in subsection (c)(3), by inserting after ‘‘500

2 gross tons’’ the following: ‘‘as measured under sec3 tion 14502 of title 46, United States Code, or an al4 ternate tonnage measured under section 14302 of

5 that title as prescribed by the Secretary under sec6 tion 14104 of that title’’;

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

8 ‘‘500 gross tons’’ the following: ‘‘as measured under

9 section 14502 of title 46, United States Code, or an

10 alternate tonnage measured under section 14302 of

11 that title as prescribed by the Secretary under sec12 tion 14104 of that title’’;

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

14 gross tons’’ the following: ‘‘as measured under sec15 tion 14502 of title 46, United States Code, or an al16 ternate tonnage measured under section 14302 of

17 that title as prescribed by the Secretary under sec18 tion 14104 of that title’’;

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

20 ‘‘300 gross tons’’ the following: ‘‘as measured under

21 section 14502 of title 46, United States Code, or an

22 alternate tonnage measured under section 14302 of

23 that title as prescribed by the Secretary under sec24 tion 14104 of that title’’; and
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1 (7) in subsection (j), by inserting after ‘‘15

2 gross tons’’ the following: ‘‘as measured under sec3 tion 14502 of title 46, United States Code, or an al4 ternate tonnage measured under section 14302 of

5 that title as prescribed by the Secretary under sec6 tion 14104 of that title’’.

7 SEC. 712. REGULATIONS.

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

9 amended—

10 (1) in subsection (h), by inserting after ‘‘at

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

12 the following: ‘‘as measured under section 14502 of

13 title 46, United States Code, or an alternate tonnage

14 measured under section 14302 of that title as pre15 scribed by the Secretary under section 14104 of that

16 title’’; and

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

18 100 gross tons but less than 500 gross tons’’ the fol19 lowing: ‘‘as measured under section 14502 of title

20 46, United States Code, or an alternate tonnage

21 measured under section 14302 of that title as pre22 scribed by the Secretary under section 14104 of that

23 title’’.
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1 SEC. 713. PENALTIES—INSPECTION OF VESSELS.

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

3 amended—

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

5 gross tons’’ the following: ‘‘as measured under sec6 tion 14502 of title 46, United States Code, or an al7 ternate tonnage measured under section 14302 of

8 that title as prescribed by the Secretary under sec9 tion 14104 of that title’’; and

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

11 ‘‘1,600 gross tons’’ the following: ‘‘as measured

12 under section 14502 of title 46, United States Code,

13 or an alternate tonnage measured under section

14 14302 of that title as prescribed by the Secretary

15 under section 14104 of that title’’.

16 SEC. 714. APPLICATION—TANK VESSELS.

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

18 amended—

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

20 gross tons’’ the following: ‘‘as measured under sec21 tion 14502 of title 46, United States Code, or an al22 ternate tonnage measured under section 14302 of

23 that title as prescribed by the Secretary under sec24 tion 14104 of that title’’;

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

26 gross tons’’ the following: ‘‘as measured under sec-
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1 tion 14502 of title 46, United States Code, or an al2 ternate tonnage measured under section 14302 of

3 that title as prescribed by the Secretary under sec4 tion 14104 of that title’’; and

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

6 gross tons’’ the following: ‘‘as measured under sec7 tion 14502 of title 46, United States Code, or an al8 ternate tonnage measured under section 14302 of

9 that title as prescribed by the Secretary under sec10 tion 14104 of that title’’.

11 SEC. 715. TANK VESSEL CONSTRUCTION STANDARDS.

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

13 amended—

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

15 ‘‘5,000 gross tons’’ the following: ‘‘as measured

16 under section 14502 of title 46, United States Code,

17 or an alternate tonnage measured under section

18 14302 of that title as prescribed by the Secretary

19 under section 14104 of that title’’;

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

21 ‘‘5,000 gross tons’’ each place it appears the follow22 ing: ‘‘as measured under section 14502 of title 46,

23 United States Code, or an alternate tonnage meas24 ured under section 14302 of that title as prescribed

25 by the Secretary under section 14104 of that title’’;
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1 (3) in subsection (c)(3)(A), by inserting after

2 ‘‘15,000 gross tons’’ the following: ‘‘as measured

3 under section 14502 of title 46, United States Code,

4 or an alternate tonnage measured under section

5 14302 of that title as prescribed by the Secretary

6 under section 14104 of that title’’;

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

8 ‘‘30,000 gross tons’’ the following: ‘‘as measured

9 under section 14502 of title 46, United States Code,

10 or an alternate tonnage measured under section

11 14302 of that title as prescribed by the Secretary

12 under section 14104 of that title’’; and

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

14 ‘‘30,000 gross tons’’ the following: ‘‘as measured

15 under section 14502 of title 46, United States Code,

16 or an alternate tonnage measured under section

17 14302 of that title as prescribed by the Secretary

18 under section 14104 of that title’’.

19 SEC. 716. TANKER MINIMUM STANDARDS.

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

21 amended—

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

23 gross tons’’ the following: ‘‘as measured under sec24 tion 14502 of title 46, United States Code, or an al25 ternate tonnage measured under section 14302 of
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1 that title as prescribed by the Secretary under sec2 tion 14104 of that title’’; and

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

4 gross tons’’ the following: ‘‘as measured under sec5 tion 14502 of title 46, United States Code, or an al6 ternate tonnage measured under section 14302 of

7 that title as prescribed by the Secretary under sec8 tion 14104 of that title’’.

9 SEC. 717. SELF-PROPELLED TANK VESSEL MINIMUM

10 STANDARDS.

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

12 amended by inserting after ‘‘10,000 gross tons’’ the fol13 lowing: ‘‘as measured under section 14502 of title 46,

14 United States Code, or an alternate tonnage measured

15 under section 14302 of that title as prescribed by the Sec16 retary under section 14104 of that title’’.

17 SEC. 718. DEFINITION—ABANDONMENT OF BARGES.

18 Section 4701(1) of title 46, United States Code, is

19 amended by inserting after ‘‘100 gross tons’’ the following:

20 ‘‘as measured under section 14502 of title 46, United

21 States Code, or an alternate tonnage measured under sec22 tion 14302 of that title as prescribed by the Secretary

23 under section 14104 of that title’’.
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1 SEC. 719. APPLICATION—LOAD LINES.

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

3 amended—

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

5 gross tons’’ the following: ‘‘as measured under sec6 tion 14502 of title 46, United States Code, or an al7 ternate tonnage measured under section 14302 of

8 that title as prescribed by the Secretary under sec9 tion 14104 of that title’’;

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

11 gross tons’’ the following: ‘‘as measured under sec12 tion 14502 of title 46, United States Code, or an al13 ternate tonnage measured under section 14302 of

14 that title as prescribed by the Secretary under sec15 tion 14104 of that title’’; and

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

17 gross tons’’ the following: ‘‘as measured under sec18 tion 14502 of title 46, United States Code, or an al19 ternate tonnage measured under section 14302 of

20 that title as prescribed by the Secretary under sec21 tion 14104 of that title’’.

22 SEC. 720. LICENSING OF INDIVIDUALS.

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

24 is amended by inserting after ‘‘1,600 gross tons’’ the fol25 lowing: ‘‘as measured under section 14502 of title 46,

26 United States Code, or an alternate tonnage measured
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1 under section 14302 of that title as prescribed by the Sec2 retary under section 14104 of that title’’.

3 SEC. 721. ABLE SEAMEN—LIMITED.

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

5 amended by inserting after ‘‘100 gross tons’’ the following:

6 ‘‘as measured under section 14502 of title 46, United

7 States Code, or an alternate tonnage measured under sec8 tion 14302 of that title as prescribed by the Secretary

9 under section 14104 of that title’’.

10 SEC. 722. ABLE SEAMEN—OFFSHORE SUPPLY VESSELS.

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

12 amended by inserting after ‘‘500 gross tons’’ the following:

13 ‘‘as measured under section 14502 of title 46, United

14 States Code, or an alternate tonnage measured under sec15 tion 14302 of that title as prescribed by the Secretary

16 under section 14104 of that title’’.

17 SEC. 723. SCALE OF EMPLOYMENT—ABLE SEAMEN.

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

19 amended—

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

21 gross tons’’ the following: ‘‘as measured under sec22 tion 14502 of title 46, United States Code, or an al23 ternate tonnage measured under section 14302 of

24 that title as prescribed by the Secretary under sec25 tion 14104 of that title’’;
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1 (2) in subsection (c)(1), by inserting after ‘‘500

2 gross tons’’ the following: ‘‘as measured under sec3 tion 14502 of title 46, United States Code, or an al4 ternate tonnage measured under section 14302 of

5 that title as prescribed by the Secretary under sec6 tion 14104 of that title’’;

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

8 gross tons’’ the following: ‘‘as measured under sec9 tion 14502 of title 46, United States Code, or an al10 ternate tonnage measured under section 14302 of

11 that title as prescribed by the Secretary under sec12 tion 14104 of that title’’;

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

14 ‘‘5,000 gross tons’’ the following: ‘‘as measured

15 under section 14502 of title 46, United States Code,

16 or an alternate tonnage measured under section

17 14302 of that title as prescribed by the Secretary

18 under section 14104 of that title’’; and

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

20 ‘‘5,000 gross tons’’ the following: ‘‘as measured

21 under section 14502 of title 46, United States Code,

22 or an alternate tonnage measured under section

23 14302 of that title as prescribed by the Secretary

24 under section 14104 of that title’’.
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1 SEC. 724. GENERAL REQUIREMENTS—ENGINE DEPART2 MENT.

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

4 amended by inserting after ‘‘100 gross tons’’ the following:

5 ‘‘as measured under section 14502 of title 46, United

6 States Code, or an alternate tonnage measured under sec7 tion 14302 of that title as prescribed by the Secretary

8 under section 14104 of that title’’.

9 SEC. 725. COMPLEMENT OF INSPECTED VESSELS.

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

11 amended by inserting after ‘‘100 gross tons’’ the following:

12 ‘‘as measured under section 14502 of title 46, United

13 States Code, or an alternate tonnage measured under sec14 tion 14302 of that title as prescribed by the Secretary

15 under section 14104 of that title’’.

16 SEC. 726. WATCHMEN.

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

18 amended by inserting after ‘‘100 gross tons’’ the following:

19 ‘‘as measured under section 14502 of title 46, United

20 States Code, or an alternate tonnage measured under sec21 tion 14302 of that title as prescribed by the Secretary

22 under section 14104 of that title’’.

23 SEC. 727. CITIZENSHIP AND NAVAL RESERVE REQUIRE24 MENTS.

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

26 Code, is amended by inserting after ‘‘1,600 gross tons’’
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1 the following: ‘‘as measured under section 14502 of title

2 46, United States Code, or an alternate tonnage measured

3 under section 14302 of that title as prescribed by the Sec4 retary under section 14104 of that title’’.

5 SEC. 728. WATCHES.

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

7 amended—

8 (1) in subsection (b), by inserting after ‘‘100

9 gross tons’’ the following: ‘‘as measured under sec10 tion 14502 of title 46, United States Code, or an al11 ternate tonnage measured under section 14302 of

12 that title as prescribed by the Secretary under sec13 tion 14104 of that title’’;

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

15 gross tons’’ and after ‘‘5,000 gross tons’’ the follow16 ing: ‘‘as measured under section 14502 of title 46,

17 United States Code, or an alternate tonnage meas18 ured under section 14302 of that title as prescribed

19 by the Secretary under section 14104 of that title’’;

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

21 ‘‘1,600 gross tons’’ the following: ‘‘as measured

22 under section 14502 of title 46, United States Code,

23 or an alternate tonnage measured under section

24 14302 of that title as prescribed by the Secretary

25 under section 14104 of that title’’;
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1 (4) in subsection (m)(1), by inserting after

2 ‘‘1,600 gross tons’’ the following: ‘‘as measured

3 under section 14502 of title 46, United States Code,

4 or an alternate tonnage measured under section

5 14302 of that title as prescribed by the Secretary

6 under section 14104 of that title’’;

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

8 gross tons’’ the following: ‘‘as measured under sec9 tion 14502 of title 46, United States Code, or an al10 ternate tonnage measured under section 14302 of

11 that title as prescribed by the Secretary under sec12 tion 14104 of that title’’; and

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

14 gross tons’’ the following: ‘‘as measured under sec15 tion 14502 of title 46, United States Code, or an al16 ternate tonnage measured under section 14302 of

17 that title as prescribed by the Secretary under sec18 tion 14104 of that title’’.

19 SEC. 729. MINIMUM NUMBER OF LICENSED INDIVIDUALS.

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

21 amended—

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

23 ‘‘1,000 gross tons’’ the following: ‘‘as measured

24 under section 14502 of title 46, United States Code,

25 or an alternate tonnage measured under section
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1 14302 of that title as prescribed by the Secretary

2 under section 14104 of that title’’;

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

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

5 the following: ‘‘as measured under section 14502 of

6 title 46, United States Code, or an alternate tonnage

7 measured under section 14302 of that title as pre8 scribed by the Secretary under section 14104 of that

9 title’’;

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

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

12 the following: ‘‘as measured under section 14502 of

13 title 46, United States Code, or an alternate tonnage

14 measured under section 14302 of that title as pre15 scribed by the Secretary under section 14104 of that

16 title’’;

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

18 gross tons’’ the following: ‘‘as measured under sec19 tion 14502 of title 46, United States Code, or an al20 ternate tonnage measured under section 14302 of

21 that title as prescribed by the Secretary under sec22 tion 14104 of that title’’; and

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

24 gross tons’’ the following: ‘‘as measured under sec25 tion 14502 of title 46, United States Code, or an al-
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1 ternate tonnage measured under section 14302 of

2 that title as prescribed by the Secretary under sec3 tion 14104 of that title’’.

4 SEC. 730. OFFICERS’ COMPETENCY CERTIFICATES CONVEN5 TION.

6 Section 8304(b)(4) of title 46, United States Code,

7 is amended by inserting after ‘‘200 gross tons’’ the follow8 ing: ‘‘as measured under section 14502 of title 46, United

9 States Code, or an alternate tonnage measured under sec10 tion 14302 of that title as prescribed by the Secretary

11 under section 14104 of that title’’.

12 SEC. 731. MERCHANT MARINERS’ DOCUMENTS REQUIRED.

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

14 amended—

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

16 gross tons’’ the following: ‘‘as measured under sec17 tion 14502 of title 46, United States Code, or an al18 ternate tonnage measured under section 14302 of

19 that title as prescribed by the Secretary under sec20 tion 14104 of that title’’; and

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

22 ‘‘1,600 gross tons’’ the following: ‘‘as measured

23 under section 14502 of title 46, United States Code,

24 or an alternate tonnage measured under section
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1 14302 of that title as prescribed by the Secretary

2 under section 14104 of that title’’.

3 SEC. 732. CERTAIN CREW REQUIREMENTS.

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

5 amended—

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

7 gross tons’’ the following: ‘‘as measured under sec8 tion 14502 of title 46, United States Code, or an al9 ternate tonnage measured under section 14302 of

10 that title as prescribed by the Secretary under sec11 tion 14104 of that title’’; and

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

13 ‘‘1,600 gross tons’’ the following: ‘‘as measured

14 under section 14502 of title 46, United States Code,

15 or an alternate tonnage measured under section

16 14302 of that title as prescribed by the Secretary

17 under section 14104 of that title’’.

18 SEC. 733. FREIGHT VESSELS.

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

20 amended by inserting after ‘‘100 gross tons’’ the following:

21 ‘‘as measured under section 14502 of title 46, United

22 States Code, or an alternate tonnage measured under sec23 tion 14302 of that title as prescribed by the Secretary

24 under section 14104 of that title’’.
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1 SEC. 734. EXEMPTIONS.

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

3 amended by inserting after ‘‘200 gross tons’’ the following:

4 ‘‘as measured under section 14502 of title 46, United

5 States Code, or an alternate tonnage measured under sec6 tion 14302 of that title as prescribed by the Secretary

7 under section 14104 of that title’’.

8 SEC. 735. UNITED STATES REGISTERED PILOT SERVICE.

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

10 is amended by inserting after ‘‘4,000 gross tons’’ the fol11 lowing: ‘‘as measured under section 14502 of title 46,

12 United States Code, or an alternate tonnage measured

13 under section 14302 of that title as prescribed by the Sec14 retary under section 14104 of that title’’.

15 SEC. 736. DEFINITIONS—MERCHANT SEAMEN PROTECTION.

16 Section 10101(4)(B) of title 46, United States Code,

17 is amended by inserting after ‘‘1,600 gross tons’’ the fol18 lowing: ‘‘as measured under section 14502 of title 46,

19 United States Code, or an alternate tonnage measured

20 under section 14302 of that title as prescribed by the Sec21 retary under section 14104 of that title’’.

22 SEC. 737. APPLICATION—FOREIGN AND INTERCOASTAL

23 VOYAGES.

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

25 is amended by inserting after ‘‘75 gross tons’’ the follow26 ing: ‘‘as measured under section 14502 of title 46, United
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1 States Code, or an alternate tonnage measured under sec2 tion 14302 of that title as prescribed by the Secretary

3 under section 14104 of that title’’.

4 SEC. 738. APPLICATION—COASTWISE VOYAGES.

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

6 amended by inserting after ‘‘50 gross tons’’ the following:

7 ‘‘as measured under section 14502 of title 46, United

8 States Code, or an alternate tonnage measured under sec9 tion 14302 of that title as prescribed by the Secretary

10 under section 14104 of that title’’.

11 SEC. 739. FISHING AGREEMENTS.

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

13 is amended by inserting after ‘‘20 gross tons’’ the follow14 ing: ‘‘as measured under section 14502 of title 46, United

15 States Code, or an alternate tonnage measured under sec16 tion 14302 of that title as prescribed by the Secretary

17 under section 14104 of that title’’.

18 SEC. 740. ACCOMMODATIONS FOR SEAMEN.

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

20 amended by inserting after ‘‘100 gross tons’’ the following:

21 ‘‘as measured under section 14502 of title 46, United

22 States Code, or an alternate tonnage measured under sec23 tion 14302 of that title as prescribed by the Secretary

24 under section 14104 of that title’’.
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1 SEC. 741. MEDICINE CHESTS.

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

3 amended by inserting after ‘‘75 gross tons’’ the following:

4 ‘‘as measured under section 14502 of title 46, United

5 States Code, or an alternate tonnage measured under sec6 tion 14302 of that title as prescribed by the Secretary

7 under section 14104 of that title’’.

8 SEC. 742. LOGBOOK AND ENTRY REQUIREMENTS.

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

10 is amended by inserting after ‘‘100 gross tons’’ the follow11 ing: ‘‘as measured under section 14502 of title 46, United

12 States Code, or an alternate tonnage measured under sec13 tion 14302 of that title as prescribed by the Secretary

14 under section 14104 of that title’’.

15 SEC. 743. COASTWISE ENDORSEMENTS.

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

17 is amended by striking ‘‘two hundred gross tons’’ and in18 serting ‘‘200 gross tons as measured under section 14502

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

20 measured under section 14302 of that title as prescribed

21 by the Secretary under section 14104 of that title’’.

22 SEC. 744. FISHERY ENDORSEMENTS.

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

24 is amended by striking ‘‘two hundred gross tons’’ and in25 serting ‘‘200 gross tons as measured under section 14502

26 of title 46, United States Code, or an alternate tonnage
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1 measured under section 14302 of that title as prescribed

2 by the Secretary under section 14104 of that title’’.

3 SEC. 745. CLERICAL AMENDMENT.

4 Chapter 121 of title 46, United States Code, is

5 amended—

6 (1) by striking the first section 12123; and

7 (2) in the table of sections at the beginning of

8 the chapter by striking the first item relating to sec9 tion 12123.

10 SEC. 746. REPEAL OF GREAT LAKES ENDORSEMENTS.

11 (a) REPEAL.—Section 12107 of title 46, United

12 States Code, is repealed.

13 (b) CONFORMING AMENDMENTS.—

14 (1) The analysis at the beginning of chapter

15 121 of title 46, United States Code, is amended by

16 striking the item relating to section 12107.

17 (2) Section 12101(b)(3) of title 46, United

18 States Code, is repealed.

19 (3) Section 4370(a) of the Revised Statutes of

20 the United States (46 App. U.S.C. 316(a)) is

21 amended by striking ‘‘or 12107’’.

22 (4) Section 2793 of the Revised Statutes of

23 the United States (46 App. U.S.C. 111, 123) is

24 amended—
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1 (A) by striking ‘‘coastwise, Great Lakes

2 endorsement’’ and all that follows through ‘‘for3 eign ports,’’ and inserting ‘‘registry endorse4 ment, engaged in foreign trade on the Great

5 Lakes or their tributary or connecting waters in

6 trade with Canada,’’; and

7 (B) by striking ‘‘, as if from or to foreign

8 ports’’.

9 SEC. 747. CONVENTION TONNAGE FOR LICENSES, CERTIFI10 CATES, AND DOCUMENTS.

11 (a) AUTHORITY TO USE CONVENTION TONNAGE.—

12 Chapter 75 of title 46, United States Code, is amended

13 by adding at the end the following:

14 ‘‘§ 7506. Convention tonnage for licenses, certificates,

15 and documents

16 ‘‘Notwithstanding any provision of section 14302(c)

17 or 14305 of this title, the Secretary may—

18 ‘‘(1) evaluate the service of an individual who is

19 applying for a license, a certificate of registry, or a

20 merchant mariner’s document by using the tonnage

21 as measured under chapter 143 of this title for the

22 vessels on which that service was acquired, and

23 ‘‘(2) issue the license, certificate, or document

24 based on that service.’’.
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1 (b) CLERICAL AMENDMENT.—The analysis to chap2 ter 75 of title 46, United States Code, is amended by add3 ing a new item as follows:

‘‘7506. Convention tonnage for licenses, certificates, and documents.’’.

4 TITLE VIII—COAST GUARD

5 AUXILIARY AMENDMENTS

6 SEC. 801. ADMINISTRATION OF THE COAST GUARD AUXIL7 IARY.

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

9 States Code, is amended to read as follows:

10 ‘‘§ 821. Administration of the Coast Guard Auxiliary

11 ‘‘(a) The Coast Guard Auxiliary is a nonmilitary or12 ganization administered by the Commandant under the di13 rection of the Secretary. For command, control, and ad14 ministrative purposes, the Auxiliary shall include such or15 ganizational elements and units as are approved by the

16 Commandant, including but not limited to, a national

17 board and staff (to be known as the ‘Auxiliary head18 quarters unit’), districts, regions, divisions, flotillas, and

19 other organizational elements and units. The Auxiliary or20 ganization and its officers shall have such rights, privi21 leges, powers, and duties as may be granted to them by

22 the Commandant, consistent with this title and other ap23 plicable provisions of law. The Commandant may delegate

24 to officers of the Auxiliary the authority vested in the

25 Commandant by this section, in the manner and to the
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1 extent the Commandant considers necessary or appro2 priate for the functioning, organization, and internal ad3 ministration of the Auxiliary.

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

5 Guard Auxiliary organization (but excluding any corpora6 tion formed by an organizational element or unit of the

7 Auxiliary under subsection (c) of this section), shall, ex8 cept when acting outside the scope of section 822, at all

9 times be deemed to be an instrumentality of the United

10 States, for purposes of—

11 ‘‘(1) chapter 26 of title 28 (popularly known as

12 the Federal Tort Claims Act);

13 ‘‘(2) section 2733 of title 10 (popularly known

14 as the Military Claims Act);

15 ‘‘(3) the Act of March 3, 1925 (46 App. U.S.C.

16 781–790; popularly known as the Public Vessels

17 Act);

18 ‘‘(4) the Act of March 9, 1920 (46 App. U.S.C.

19 741–752; popularly known as the Suits in Admiralty

20 Act);

21 ‘‘(5) the Act of June 19, 1948 (46 App. U.S.C.

22 740; popularly known as the Admiralty Extension

23 Act); and

24 ‘‘(6) other matters related to noncontractual

25 civil liability.
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1 ‘‘(c) The national board of the Auxiliary, and any

2 Auxiliary district or region, may form a corporation under

3 State law in accordance with policies established by the

4 Commandant.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of chapter 23 of title 14, United States

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

8 821, and inserting the following:

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

9 SEC. 802. PURPOSE OF THE COAST GUARD AUXILIARY.

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

11 States Code, is amended to read as follows:

12 ‘‘§ 822. Purpose of the Coast Guard Auxiliary

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

14 Guard as authorized by the Commandant, in performing

15 any Coast Guard function, power, duty, role, mission, or

16 operation authorized by law.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of chapter 23 of title 14, United States

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

20 822 and inserting the following:

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

21 SEC. 803. MEMBERS OF THE AUXILIARY; STATUS.

22 (a) IN GENERAL.—Section 823 of title 14, United

23 States Code, is amended—
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1 (1) in the heading by adding ‘‘, and status’’

2 after ‘‘enrollments’’;

3 (2) by inserting ‘‘(a)’’ before ‘‘The Auxiliary’’;

4 and

5 (3) by adding at the end the following new sub6 sections:

7 ‘‘(b) A member of the Coast Guard Auxiliary is not

8 a Federal employee except for the following purposes:

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

10 the Federal Tort Claims Act).

11 ‘‘(2) Section 2733 of title 10 (popularly known

12 as the Military Claims Act).

13 ‘‘(3) The Act of March 3, 1925 (46 App.

14 U.S.C. 781–790; popularly known as the Public Ves15 sel Act).

16 ‘‘(4) The Act of March 9, 1920 (46 App.

17 U.S.C. 741–752; popularly known as the Suits in

18 Admiralty Act).

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

20 740; popularly known as the Admiralty Extension

21 Act).

22 ‘‘(6) Other matters related to noncontractual

23 civil liability.

24 ‘‘(7) Compensation for work injuries under

25 chapter 81 of title 5.
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1 ‘‘(8) The resolution of claims relating to dam2 age to or loss of personal property of the member in3 cident to service under section 3721 of title 31 (pop4 ularly known as the Military Personnel and Civilian

5 Employees’ Claims Act of 1964).

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

7 duty, shall be deemed to be a person acting under an offi8 cer of the United States or an agency thereof for purposes

9 of section 1442(a)(1) of title 28.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of chapter 23 of title 14, United States

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

13 823 and inserting the following:

‘‘823. Eligibility, enrollments, and status.’’.

14 SEC. 804. ASSIGNMENT AND PERFORMANCE OF DUTIES.

15 (a) TRAVEL AND SUBSISTENCE EXPENSE.—Section

16 830(a) of title 14, United States Code, is amended by

17 striking ‘‘specific’’.

18 (b) ASSIGNMENT OF GENERAL DUTIES.—Section

19 831 of title 14, United States Code, is amended by strik20 ing ‘‘specific’’ each place it appears.

21 (c) BENEFITS FOR INJURY OR DEATH.—Section 832

22 of title 14, United States Code, is amended by striking

23 ‘‘specific’’ each place it appears.
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1 SEC. 805. COOPERATION WITH OTHER AGENCIES, STATES,

2 TERRITORIES, AND POLITICAL SUBDIVI3 SIONS.

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

5 States Code, is amended—

6 (1) by striking the section heading and insert7 ing the following:

8 ‘‘§ 141. Cooperation with other agencies, States, terri9 tories, and political subdivisions’’;

10 (2) in the first sentence of subsection (a), by in11 serting after ‘‘personnel and facilities’’ the following:

12 ‘‘(including members of the Auxiliary and facilities

13 governed under chapter 23)’’; and

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

15 following new sentence: ‘‘The Commandant may pre16 scribe conditions, including reimbursement, under

17 which personnel and facilities may be provided under

18 this subsection.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections

20 at the beginning of chapter 7 of title 14, United States

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

22 141 and inserting the following:

‘‘141. Cooperation with other agencies, States, territories, and political subdivisions.’’.
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1 SEC. 806. VESSEL DEEMED PUBLIC VESSEL.

2 Section 827 of title 14, United States Code, is

3 amended to read as follows:

4 ‘‘§ 827. Vessel deemed public vessel

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

6 motorboat or yacht shall be deemed to be a public vessel

7 of the United States and a vessel of the Coast Guard with8 in the meaning of sections 646 and 647 of this title and

9 other applicable provisions of law.’’.

10 SEC. 807. AIRCRAFT DEEMED PUBLIC AIRCRAFT.

11 Section 828 of title 14, United States Code, is

12 amended to read as follows:

13 ‘‘§ 828. Aircraft deemed public aircraft

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

15 aircraft shall be deemed to be a Coast Guard aircraft, a

16 public vessel of the United States, and a vessel of the

17 Coast Guard within the meaning of sections 646 and 647

18 of this title and other applicable provisions of law. Subject

19 to the provisions of sections 823a and 831 of this title,

20 while assigned to duty, qualified Auxiliary pilots shall be

21 deemed to be Coast Guard pilots.’’.

22 SEC. 808. DISPOSAL OF CERTAIN MATERIAL.

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

24 amended—
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1 (1) by inserting after ‘‘with or without charge,’’

2 the following: ‘‘to the Coast Guard Auxiliary, includ3 ing any incorporated unit thereof,’’; and

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

5 Coast Guard Auxiliary,’’.

Passed the House of Representatives May 9, 1995.

Attest: ROBIN H. CARLE,

Clerk.

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