I

104TH CONGRESS

1ST SESSION H. R. 1361

To authorize appropriations for fiscal year 1996 for the Coast Guard, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 30, 1995

Mr. COBLE (for himself, Mr. TRAFICANT, Mr. SHUSTER, and Mr. MINETA)

introduced the following bill; which was referred to the Committee on

Transportation and Infrastructure

A BILL

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’’.

6 SEC. 2. TABLE OF CONTENTS.

7 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.
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Sec. 102. Authorized levels of military strength and training.

Sec. 103. Quarterly reports on drug interdiction.

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.

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.

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.

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.
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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.

TITLE VII—TECHNICAL AND CONFORMING AMENDMENTS

Sec. 701. Amendment of inland navigation rules.

Sec. 702. Measurement of vessels.

Sec. 703. Longshore and harbor workers compensation.

Sec. 704. Radiotelephone requirements.

Sec. 705. Vessel operating requirements.

Sec. 706. Merchant Marine Act, 1920.

Sec. 707. Merchant Marine Act, 1956.

Sec. 708. Maritime education and training.

Sec. 709. General definitions.

Sec. 710. Authority to exempt certain vessels.

Sec. 711. Inspection of vessels.

Sec. 712. Regulations.

Sec. 713. Frequency of inspection.

Sec. 714. Penalties—Inspection of vessels.

Sec. 715. Application—Tank vessels.

Sec. 716. Tank vessel construction standards.

Sec. 717. Tanker minimum standards.

Sec. 718. Self-propelled tank vessel minimum standards.

Sec. 719. Definition—Abandonment of barges.

Sec. 720. Application—Load lines.

Sec. 721. Licensing of individuals.

Sec. 722. Able seamen—Limited.

Sec. 723. Able seamen—Offshore supply vessels.

Sec. 724. Scale of employment—Able seamen.

Sec. 725. General requirements—Engine department.

Sec. 726. Complement of inspected vessels.

Sec. 727. Watchmen.

Sec. 728. Citizenship and naval reserve requirements.

Sec. 729. Watches.

Sec. 730. Minimum number of licensed individuals.

Sec. 731. Officers’ Competency Certificates Convention.

Sec. 732. Merchant mariners’ documents required.

Sec. 733. Certain crew requirements.

Sec. 734. Freight vessels.

Sec. 735. Exemptions.

Sec. 736. United States registered pilot service.

Sec. 737. Definitions—Merchant seamen protection.

Sec. 738. Application—Foreign and intercoastal voyages.

Sec. 739. Application—Coastwise voyages.

Sec. 740. Fishing agreements.

Sec. 741. Accommodations for seamen.

Sec. 742. Medicine chests.

Sec. 743. Logbook and entry requirements.
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Sec. 744. Coastwise endorsements.

Sec. 745. Fishery endorsements.

Sec. 746. Clerical amendment.

Sec. 747. Repeal of Great Lakes endorsements.

Sec. 748. 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. 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.

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.
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1 (3) For research, development, test, and evalua2 tion of technologies, materials, and human factors

3 directly relating to improving the performance of the

4 Coast Guard’s mission in support of search and res5 cue, aids to navigation, marine safety, marine envi6 ronmental protection, enforcement of laws and trea7 ties, ice operations, oceanographic research, and de8 fense readiness, $22,500,000, to remain available

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

10 from the Oil Spill Liability Trust Fund.

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

12 obligations otherwise chargeable to lapsed appropria13 tions for this purpose), payments under the Retired

14 Serviceman’s Family Protection and Survivor Bene15 fit Plans, and payments for medical care of retired

16 personnel and their dependents under chapter 55 of

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

18 (5) For alteration or removal of bridges over

19 navigable waters of the United States constituting

20 obstructions to navigation, and for personnel and

21 administrative costs associated with the Bridge Al22 teration Program, $16,200,000, to remain available

23 until expended.

24 (6) For necessary expenses to carry out the

25 Coast Guard’s environmental compliance and res-
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1 toration functions, other than parts and equipment

2 associated with operations and maintenance, under

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

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

5 until expended.

6 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

7 AND TRAINING.

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

9 authorized an end-of-year strength for active duty person10 nel of 38,400 as of September 30, 1996.

11 (b) MILITARY TRAINING STUDENT LOADS.—For fis12 cal year 1996, the Coast Guard is authorized average mili13 tary training student loads as follows:

14 (1) For recruit and special training, 1604 stu15 dent years.

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

17 (3) For professional training in military and ci18 vilian institutions, 330 student years.

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

20 SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION.

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

22 year quarter, the Secretary of Transportation shall submit

23 to the Committee on Transportation and Infrastructure

24 of the House of Representatives and the Committee on

25 Commerce, Science, and Transportation of the Senate a
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1 report on all expenditures related to drug interdiction ac2 tivities of the Coast Guard during that quarter.

3 TITLE II—PERSONNEL

4 MANAGEMENT IMPROVEMENT

5 SEC. 201. HURRICANE ANDREW RELIEF.

6 Section 2856 of the National Defense Authorization

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

8 to the military personnel of the Coast Guard who were

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

10 Federal facility or installation in the vicinity of Homestead

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

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

13 24, 1992, except that—

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

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

16 (2) the Secretary of Transportation shall ad17 minister that section with respect to Coast Guard

18 personnel.

19 SEC. 202. EXCLUDE CERTAIN RESERVES FROM END-OF20 YEAR STRENGTH.

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

22 amended by adding at the end the following:

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

24 this section shall not be counted in computing authorized
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1 strength of members on active duty or members in grade

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

3 SEC. 203. PROVISION OF CHILD DEVELOPMENT SERVICES.

4 Section 93 of title 14, United States Code, is amend5 ed by striking ‘‘and’’ after the semicolon at the end of

6 paragraph (t)(2), by striking the period at the end of para7 graph (u) and inserting ‘‘; and’’, and by adding at the

8 end the following new paragraph:

9 ‘‘(v) make child development services available

10 to members of the armed forces and Federal civilian

11 employees under terms and conditions comparable to

12 those under the Military Child Care Act of 1989 (10

13 U.S.C. 113 note).’’.

14 SEC. 204. ACCESS TO NATIONAL DRIVER REGISTER INFOR15 MATION ON CERTAIN COAST GUARD PERSON16 NEL.

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

18 14, United States Code, as amended by section 203, is

19 further amended—

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

21 end of paragraph (u);

22 (2) by striking the period at the end of para23 graph (v) and inserting ‘‘; and’’; and

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

25 paragraph:
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1 ‘‘(w) require that any officer, chief warrant offi2 cer, or enlisted member of the Coast Guard or Coast

3 Guard Reserve (including a cadet or an applicant for

4 appointment or enlistment to any of the foregoing

5 and any member of a uniformed service who is as6 signed to the Coast Guard) request that all informa7 tion contained in the National Driver Register per8 taining to the individual, as described in section

9 30304(a) of title 49, be made available to the Com10 mandant under section 30305(a) of title 49, may re11 ceive that information, and upon receipt, shall make

12 the information available to the individual.’’.

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

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

15 paragraph (7) as paragraph (8) and inserting after para16 graph (6) the following new paragraph:

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

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

19 Guard Reserve (including a cadet or an applicant for ap20 pointment or enlistment of any of the foregoing and any

21 member of a uniformed service who is assigned to the

22 Coast Guard) may request the chief driver licensing offi23 cial of a State to provide information about the individual

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

25 of the Coast Guard. The Commandant may receive the
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1 information and shall make the information available to

2 the individual. Information may not be obtained from the

3 Register under this paragraph if the information was en4 tered in the Register more than 3 years before the request,

5 unless the information is about a revocation or suspension

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

7 SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGI8 BLE.

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

10 amended—

11 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

12 (2) by striking the last sentence; and

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

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

15 (1), an officer shall, unless selected for further continu16 ation—

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

18 be honorably discharged with severance pay com19 puted under section 286 of this title;

20 ‘‘(B) in the case of an officer who has com21 pleted at least 18 years of active service on the date

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

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

24 in which the officer completes 20 years of active
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1 service, unless earlier removed under another provi2 sion of law; or

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

4 discharge in this section, the officer has completed

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

6 retirement under any law, be retired on that date.’’.

7 TITLE III—NAVIGATION SAFETY

8 AND WATERWAY SERVICES

9 MANAGEMENT

10 SEC. 301. FOREIGN PASSENGER VESSEL USER FEES.

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

12 amended—

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

14 as’’ and inserting ‘‘Except as’’; and

15 (2) by striking subsection (b).

16 SEC. 302. FLORIDA AVENUE BRIDGE.

17 For purposes of the alteration of the Florida Avenue

18 Bridge (located approximately 1.63 miles east of the Mis19 sissippi River on the Gulf Intracoastal Waterway in Orle20 ans Parish, Louisiana) ordered by the Secretary of Trans21 portation under the Act of June 21, 1940 (33 U.S.C. 511

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

23 Secretary of Transportation shall treat the drainage si24 phon that is adjacent to the bridge as an appurtenance

25 of the bridge, including with respect to apportionment and
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1 payment of costs for the removal of the drainage siphon

2 in accordance with that Act.

3 SEC. 303. RENEWAL OF HOUSTON-GALVESTON NAVIGATION

4 SAFETY ADVISORY COMMITTEE AND LOWER

5 MISSISSIPPI RIVER WATERWAY ADVISORY

6 COMMITTEE.

7 The Coast Guard Authorization Act of 1991 (Public

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

9 (1) in section 18 by adding at the end the fol10 lowing:

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

12 2000.’’; and

13 (2) in section 19 by adding at the end the fol14 lowing:

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

16 2000.’’.

17 SEC. 304. RENEWAL OF THE NAVIGATION SAFETY ADVI18 SORY COUNCIL.

19 (a) RENEWAL.—Section 5(d) of the Inland Naviga20 tional Rules Act of 1980 (33 U.S.C. 2073) is amended

21 by striking ‘‘September 30, 1995’’ and inserting ‘‘Septem22 ber 30, 2000’’.

23 (b) CLERICAL AMENDMENT.—The section heading

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

25 1980 (33 U.S.C. 2073) is amended by striking ‘‘Rules of
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1 the Road Advisory Council’’ and inserting ‘‘Navigation

2 Safety Advisory Council’’.

3 SEC. 305. RENEWAL OF COMMERCIAL FISHING INDUSTRY

4 VESSEL ADVISORY COMMITTEE.

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

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

7 1994’’ and inserting ‘‘October 1, 2000’’.

8 SEC. 306. NONDISCLOSURE OF PORT SECURITY PLANS.

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

10 U.S.C. 1226), is amended by adding at the end the follow11 ing new subsection (c):

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

13 Notwithstanding any other provision of law, information

14 related to security plans, procedures, or programs for pas15 senger vessels or passenger terminals authorized under

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

17 SEC. 307. MARITIME DRUG AND ALCOHOL TESTING PRO18 GRAM CIVIL PENALTY.

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

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

21 following new section:

22 ‘‘§ 2115. Civil penalty to enforce alcohol and dan23 gerous drug testing

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

25 violates the requirements prescribed by the Secretary
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1 under this subtitle for chemical testing for dangerous

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

3 States Government for a civil penalty of not more than

4 $1,000 for each violation. Each day of a continuing viola5 tion shall constitute a separate violation.’’.

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

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

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

9 section 2114 the following new item:

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

10 SEC. 308. WITHHOLDING VESSEL CLEARANCE FOR VIOLA11 TION OF CERTAIN ACTS.

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

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

14 the end the following new subsection:

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

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

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

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

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

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

21 the Secretary of the Treasury, upon the request of the

22 Secretary, shall with respect to such vessel refuse or re23 voke any clearance required by section 4197 of the Revised

24 Statutes of the United States (46 App. U.S.C. 91).
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1 ‘‘(2) Clearance refused or revoked under this sub2 section may be granted upon the filing of a bond or other

3 surety satisfactory to the Secretary.’’.

4 (b) PORT AND WATERWAYS SAFETY ACT.—Section

5 13(f) of the Ports and Waterways Safety Act (33 U.S.C.

6 1232(f)) is amended to read as follows:

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

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

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

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

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

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

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

14 or revoke any clearance required by section 4197 of the

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

16 91).

17 ‘‘(2) Clearance refused or revoked under this sub18 section may be granted upon filing of a bond or other sur19 ety satisfactory to the Secretary.’’.

20 (c) INLAND NAVIGATION RULES ACT OF 1980.—Sec21 tion 4(d) of the Inland Navigational Rules Act of 1980

22 (33 U.S.C. 2072(d)) is amended to read as follows:

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

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

25 for a penalty under this section, or if reasonable cause
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1 exists to believe that the owner, operator, or person in

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

3 Secretary of the Treasury, upon the request of the Sec4 retary, shall with respect to such vessel refuse or revoke

5 any clearance required by section 4197 of the Revised

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

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

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

9 other surety satisfactory to the Secretary.’’.

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

11 3718(e) of title 46, United States Code, is amended to

12 read as follows:

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

14 of a vessel is liable for any penalty or fine under this sec15 tion, or if reasonable cause exists to believe that the

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

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

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

19 respect to such vessel refuse or revoke any clearance re20 quired by section 4197 of the Revised Statutes of the

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

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

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

24 other surety satisfactory to the Secretary.’’.
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1 SEC. 309. INCREASED CIVIL PENALTIES.

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

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

5 than $25,000’’.

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

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

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

10 SEC. 310. AMENDMENT TO REQUIRE EMERGENCY POSITION

11 INDICATING RADIO BEACONS ON THE GREAT

12 LAKES.

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

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

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

16 ‘‘high seas’’.

17 TITLE IV—MISCELLANEOUS

18 SEC. 401. TRANSFER OF COAST GUARD PROPERTY IN TRA19 VERSE CITY, MICHIGAN.

20 (a) REQUIREMENT.—The Secretary of Transpor21 tation (or any other official having control over the prop22 erty described in subsection (b)) shall expeditiously convey

23 to the Traverse City Area Public School District in Tra24 verse City, Michigan, without consideration, all right, title,

25 and interest of the United States in and to the property
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1 described in subsection (b), subject to all easements and

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

3 (b) PROPERTY DESCRIBED.—The property referred

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

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

consisting of that part of the southeast 1 6 ⁄4 of Section 12,

7 Township 27 North, Range 11 West, described as: Commencing at the southeast 1 8 ⁄4 corner of said Section 12,

9 thence north 03 degrees 05 minutes 25 seconds east along

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

11 86 degrees 36 minutes 50 seconds west 207.66 feet,

12 thence north 03 degrees 06 minutes 00 seconds east

13 572.83 feet to the point of beginning, thence north 86 de14 grees 54 minutes 00 seconds west 1,751.04 feet, thence

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

16 thence north 24 degrees 04 minutes 40 seconds east

17 439.86 feet, thence south 86 degrees 56 minutes 15 sec18 onds east 116.62 feet, thence north 03 degrees 08 minutes

19 45 seconds east 200.00 feet, thence south 87 degrees 08

20 minutes 20 seconds east 68.52 feet, to the southerly right21 of-way of the C & O Railroad, thence south 65 degrees

22 54 minutes 20 seconds east along said right-of-way

23 1508.75 feet, thence south 03 degrees 06 minutes 00 sec24 onds west 400.61 to the point of beginning, consisting of
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1 27.10 acres of land, and all improvements located on that

2 property including buildings, structures, and equipment.

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

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

5 any conveyance of property described in subsection (b)

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

7 interest in and to the property so conveyed shall imme8 diately revert to the United States if the property, or any

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

10 District.

11 SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN

12 KETCHIKAN, ALASKA.

13 (a) CONVEYANCE REQUIREMENT.—The Secretary of

14 Transportation shall convey to the Ketchikan Indian Cor15 poration in Ketchikan, Alaska, without reimbursement

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

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

18 States in and to the property known as the ‘‘Former Ma19 rine Safety Detachment’’ as identified in Report of Excess

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

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

22 Indian Corporation as a health or social services facility.

23 (b) PROPERTY DESCRIBED.—The property referred

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

25 of Ketchikan, Township 75 south, range 90 east, Copper
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1 River Meridian, First Judicial District, State of Alaska,

2 and commencing at corner numbered 10, United States

3 Survey numbered 1079, the true point of beginning for

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

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

6 feet to corner numbered 1 of lot 5B; thence south 65 de7 grees 56 minutes east a distance of 345.18 feet to corner

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

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

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

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

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

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

14 including buildings, structures, and equipment.

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

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

17 any conveyance of property described in subsection (b)

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

19 interest in and to the property so conveyed shall imme20 diately revert to the United States if the property, or any

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

22 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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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 IH

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 to

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

8 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) ELIMINATION OF MORTGAGEE RESTRICTIONS.—

3 Section 31322(a) of title 46, United States Code, is

4 amended to read as follows:

5 ‘‘(a) A preferred mortgage is a mortgage, whenever

6 made, that—

7 ‘‘(1) includes the whole of the vessel;

8 ‘‘(2) is filed in substantial compliance with sec9 tion 31321 of this title; and

10 ‘‘(3)(A) covers a documented vessel; or

11 ‘‘(B) covers a vessel for which an application

12 for documentation is filed that is in substantial com13 pliance with the requirements of chapter 121 of this

14 title and the regulations prescribed under that chap15 ter.’’.

16 (b) ELIMINATION OF TRUSTEE RESTRICTIONS.—

17 (1) REPEAL.—Section 31328 of title 46, United

18 States Code, is repealed.

19 (2) CONFORMING AMENDMENTS.—Section

20 31330(b) of title 46, United States Code, is amend21 ed in paragraphs (1), (2), and (3) by striking

22 ‘‘31328 or’’ each place it appears.

23 (3) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 313 of title 46,

25 United States Code, is amended by striking the item

26 relating to section 31328.
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1 (c) REMOVAL OF MORTGAGE RESTRICTIONS.—Sec2 tion 9 of the Shipping Act, 1916 (46 App. U.S.C. 808)

3 is amended—

4 (1) in subsection (c)—

5 (A) by striking ‘‘31328’’ and inserting

6 ‘‘12106(e)’’; and

7 (B) in paragraph (1) by striking ‘‘mort8 gage,’’ each place it appears; and

9 (2) in subsection (d)—

10 (A) in paragraph (1) by striking ‘‘transfer,

11 or mortgage’’ and inserting ‘‘or transfer’’;

12 (B) in paragraph (2) by striking ‘‘trans13 fers, or mortgages’’ and inserting ‘‘or trans14 fers’’;

15 (C) in paragraph (3)(B) by striking

16 ‘‘transfers, or mortgages’’ and inserting ‘‘or

17 transfers’’; and

18 (D) in paragraph (4) by striking ‘‘trans19 fers, or mortgages’’ and inserting ‘‘or trans20 fers’’.

21 (d) 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 vessel is otherwise qualified under this

4 section to be employed in the coastwise trade;

5 ‘‘(C) the person that owns the vessel, a parent

6 entity of that person, or a subsidiary of a parent en7 tity of that person, is engaged in leasing;

8 ‘‘(D) the vessel is under a demise charter to a

9 person qualifying as a citizen of the United States

10 for engaging in the coastwise trade under section 2

11 of the Shipping Act, 1916; and

12 ‘‘(E) the demise charter is for—

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

14 ‘‘(ii) such shorter period as may be pre15 scribed by the Secretary.

16 ‘‘(2) On termination of a demise charter required

17 under paragraph (1)(D), the coastwise endorsement may

18 be continued for a period not to exceed 6 months on any

19 terms and conditions that the Secretary of Transportation

20 may prescribe.

21 ‘‘(f) For purposes of the first proviso of section 27

22 of the Merchant Marine Act, 1920, section 2 of the Ship23 ping Act, 1916, and section 12102(a) of this title, a vessel

24 meeting the criteria of subsection (d) or (e) is deemed to

25 be owned exclusively by citizens of the United States.’’.
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1 SEC. 410. SENSE OF CONGRESS; REQUIREMENT REGARD2 ING NOTICE.

3 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

5 the greatest extent practicable, all equipment and products

6 purchased with funds made available under this Act

7 should be American-made.

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

9 providing financial assistance under this Act, the official

10 responsible for providing the assistance, to the greatest

11 extent practicable, shall provide to each recipient of the

12 assistance a notice describing the statement made in sub13 section (a) by the Congress.

14 SEC. 411. SPECIAL SELECTION BOARDS.

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

16 States Code, is amended by adding at the end the follow17 ing new section:

18 ‘‘§ 747. Special selection boards

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

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

21 for promotion who—

22 ‘‘(1) was not considered for selection for pro23 motion by a selection board because of administra24 tive error; or

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

26 by a selection board but not selected because—
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•HR 1361 IH

1 ‘‘(A) the action of the board that consid2 ered the officer was contrary to law or involved

3 a material error of fact or material administra4 tive error; or

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

6 did not have before it for its consideration ma7 terial information.

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

9 enactment of the Coast Guard Authorization Act For Fis10 cal Year 1996, the Secretary shall issue regulations to im11 plement this section. The regulations shall conform, as ap12 propriate, to the regulations and procedures issued by the

13 Secretary of Defense for special selection boards under

14 section 628 of title 10, United States Code.’’.

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

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

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

‘‘747. Special selection boards.’’.

18 SEC. 412. AVAILABILITY OF EXTRAJUDICIAL REMEDIES

19 FOR DEFAULT ON PREFERRED MORTGAGE

20 LIENS ON VESSELS.

21 (a) AVAILABILITY OF EXTRAJUDICIAL REMEDIES.—

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

23 amended—
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1 (1) in the matter preceding paragraph (1) by

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

3 may’’;

4 (2) in paragraph (1) by—

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

6 ‘‘preferred’’; and

7 (B) striking ‘‘; and’’ and inserting a semi8 colon; and

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

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

11 claim for the outstanding indebtedness secured by

12 the mortgaged vessel, or both, by exercising any

13 other remedy (including an extrajudicial remedy)

14 against a documented vessel, a vessel for which an

15 application for documentation is filed under chapter

16 121 of this title, a foreign vessel, or a mortgagor,

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

18 outstanding indebtedness or any deficiency in full

19 payment of that indebtedness, if—

20 ‘‘(A) the remedy is allowed under applica21 ble law; and

22 ‘‘(B) the exercise of the remedy will not re23 sult in a violation of section 9 or 37 of the

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

25 835).’’.
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1 (b) NOTICE.—Section 31325 of title 46, United

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

3 following:

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

5 for which an application for documentation is filed under

6 chapter 121 is transferred by an extrajudicial remedy, the

7 person exercising the remedy shall give notice of the pro8 posed transfer to the Secretary, to the mortgagee of any

9 mortgage on the vessel filed in substantial compliance with

10 section 31321 of this title before notice of the proposed

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

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

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

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

15 ‘‘(2) Failure to give notice as required by this sub16 section shall not affect the transfer of title to a vessel.

17 However, the rights of any holder of a maritime lien or

18 a preferred mortgage on the vessel shall not be affected

19 by a transfer of title by an extrajudicial remedy exercised

20 under this section, regardless of whether notice is required

21 by this subsection or given.

22 ‘‘(3) The Secretary shall prescribe regulations estab23 lishing the time and manner for providing notice under

24 this subsection.’’.
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1 (c) RULE OF CONSTRUCTION.—The amendments

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

3 to imply that remedies other than judicial remedies were

4 not available before the date of enactment of this section

5 to enforce claims for outstanding indebtedness secured by

6 mortgaged vessels.

7 SEC. 413. IMPLEMENTATION OF WATER POLLUTION LAWS

8 WITH RESPECT TO VEGETABLE OIL.

9 (a) DIFFERENTIATION AMONG FATS, OILS, AND

10 GREASES.—

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

12 regulation, an interpretation, or a guideline relating

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

14 to water pollution, the head of a Federal agency

15 shall—

16 (A) differentiate between and establish

17 separate classes for—

18 (i)(I) animal fats; and

19 (II) vegetable oils; and

20 (ii) other oils, including petroleum oil;

21 and

22 (B) apply different standards to different

23 classes of fat and oil as provided in paragraph

24 (2).
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1 (2) CONSIDERATIONS.—In differentiating be2 tween the classes of animal fats and vegetable oils

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

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

5 Federal agency shall consider differences in physical,

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

7 environmental effects, of the classes.

8 (b) FINANCIAL RESPONSIBILITY.—

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

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

11 2704(a)(1)) is amended by striking ‘‘for a tank ves12 sel,’’ and inserting ‘‘for a tank vessel carrying oil in

13 bulk as cargo (unless the only oil carried is an ani14 mal fat or vegetable oil, as those terms are defined

15 in section 413(c) of the Coast Guard Authorization

16 Act For Fiscal Year 1996),’’.

17 (2) FINANCIAL RESPONSIBILITY.—The first

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

19 2716(a)) is amended by striking ‘‘in the case of a

20 tank vessel,’’ and inserting ‘‘in the case of a tank

21 vessel carrying oil in bulk as cargo (unless the only

22 oil carried is an animal fat or vegetable oil, as those

23 terms are defined in section 413(c) of the Coast

24 Guard Authorization Act for Fiscal Year 1996),’’.

25 (c) DEFINITIONS.—As used in this section:
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•HR 1361 IH

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

2 means each type of animal fat, oil, or grease (includ3 ing fat, oil, or grease from fish or a marine mam4 mal), including any fat, oil, or grease referred to in

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

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

7 means each type of vegetable oil (including vegetable

8 oil from a seed, nut, or kernel), including any vege9 table oil referred to in section 61(a)(1) of title 13,

10 United States Code.

11 SEC. 414. CERTAIN INFORMATION FROM MARINE CAS12 UALTY INVESTIGATIONS BARRED IN LEGAL

13 PROCEEDINGS.

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

15 amended by inserting after section 6307 the following new

16 section:

17 ‘‘§ 6308. Information barred in legal proceedings

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

19 opinion, recommendation, deliberation, or conclusion con20 tained in a report of a marine casualty investigation con21 ducted under section 6301 of this title with respect to the

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

23 in the report of the investigation is not admissible as evi24 dence or subject to discovery in any civil, administrative,

25 or State criminal proceeding arising from a marine cas-
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•HR 1361 IH

1 ualty, other than with the permission and consent of the

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

3 Any employee of the United States or military member

4 of the Coast Guard investigating a marine casualty or as5 sisting in any such investigation conducted pursuant to

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

7 or other discovery, or otherwise testify or give information

8 in such proceedings relevant to a marine casualty inves9 tigation, without the permission and consent of the Sec10 retary of Transportation in his or her sole discretion. In

11 exercising this discretion in cases where the United States

12 is a party, the Secretary shall not withhold permission for

13 an employee to testify solely on factual matters where the

14 information is not available elsewhere or is not obtainable

15 by other means. Nothing in this section prohibits the Unit16 ed States from calling an employee as an expert witness

17 to testify on its behalf.

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

19 this section shall not be considered an admission of liabil20 ity by the United States or by any person referred to in

21 those conclusions or statements.’’.

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

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

24 Code, is amended by adding after the item related to sec25 tion 6307 the following:

‘‘6308. Information barred in legal proceedings.’’.
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1 SEC. 415. REPORT ON LORAN–C REQUIREMENTS.

2 Not later than 6 months after the date of the enact3 ment of this Act, the Secretary of Transportation shall

4 submit a report to the Committee on Transportation and

5 Infrastructure of the House of Representatives, and the

6 Committee on Commerce, Science and Transportation of

7 the Senate, prepared in consultation with users of the

8 LORAN–C radionavigation system, defining the future

9 use of and funding for operations, maintenance, and up10 grades of the LORAN–C radionavigation system. The re11 port shall address the following:

12 (1) An appropriate timetable for transition

13 from ground-based radionavigation technology after

14 it is determined that satellite-based technology is

15 available as a sole means of safe and efficient navi16 gation.

17 (2) The need to ensure that LORAN–C tech18 nology purchased by the public before the year 2000

19 has a useful economic life.

20 (3) The benefits of fully utilizing the compat21 ibilities of LORAN–C technology and satellite-based

22 technology by all modes of transportation.

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

24 of Transportation and other relevant Federal agen25 cies to share the Federal Government’s costs related

26 to LORAN–C technology.
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1 SEC. 416. LIMITED DOUBLE HULL EXEMPTIONS.

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

3 amended by—

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

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

6 (3) and inserting a semicolon; and

7 (3) adding at the end the following new para8 graphs:

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

10 August 12, 1992; or

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

12 is primarily used to carry deck cargo and bulk fuel

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

14 3 of the Alaska Native Claims Settlement Act (43

15 U.S.C. 1601)) located on or adjacent to bays or riv16 ers above 58 degrees north latitude.’’.

17 SEC. 417. OIL SPILL RESPONSE VESSELS.

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

19 States Code, is amended—

20 (1) by redesignating paragraph (20a) as para21 graph (20b); and

22 (2) by inserting after paragraph (20) the fol23 lowing new paragraph:

24 ‘‘(20a) ‘oil spill response vessel’ means a vessel

25 that is designated in its certificate of inspection as
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1 such a vessel, or that is adapted to respond to a dis2 charge of oil or a hazardous material.’’.

3 (b) EXEMPTION FROM LIQUID BULK CARRIAGE RE4 QUIREMENTS.—Section 3702 of title 46, United States

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

6 subsection:

7 ‘‘(f) This chapter does not apply to an oil spill re8 sponse vessel if—

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

10 activities; or

11 ‘‘(2) the vessel is—

12 ‘‘(A) not more than 500 gross tons;

13 ‘‘(B) designated in its certificate of inspec14 tion as an oil spill response vessel; and

15 ‘‘(C) engaged in response-related activi16 ties.’’.

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

18 States Code, is amended to read as follows:

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

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

21 (d) MINIMUM NUMBER OF LICENSED INDIVID22 UALS.—Section 8301(e) of title 46, United States Code,

23 is amended to read as follows:

24 ‘‘(e) The Secretary may prescribe the minimum num25 ber of licensed individuals for an oil spill response vessel.’’.
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•HR 1361 IH

1 (e) MERCHANT MARINER DOCUMENT REQUIRE2 MENTS.—Section 8701(a) of title 46, United States Code,

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

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

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

6 at the end the following new paragraph:

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

8 required to hold a merchant mariner’s document

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

10 (f) EXEMPTION FROM TOWING VESSEL REQUIRE11 MENT.—Section 8905 of title 46, United States Code, is

12 amended by adding at the end the following new sub13 section:

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

15 oil spill response vessel while engaged in oil spill response

16 or training activities.’’.

17 (g) INSPECTION REQUIREMENT.—Section 3301 of

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

19 end the following new paragraph:

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

21 TITLE V—COAST GUARD

22 REGULATORY REFORM

23 SEC. 501. SHORT TITLE.

24 This title may be cited as the ‘‘Coast Guard Regu25 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 ‘‘(f) 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, as amended (46 App. U.S.C. 883), the Act of

22 June 19, 1886 (46 App. U.S.C. 289), and sections 12106,

23 12107, and 12108 of title 46, United States Code, the

24 Secretary of Transportation may issue a certificate of doc25 umentation with appropriate endorsements for employ-
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1 ment in the coastwise trade, Great Lakes trade and the

2 fisheries for the vessel RAINBOW’S END, official num3 ber 1026899 (hull identification number MY13708C787).

4 TITLE VII—TECHNICAL AND

5 CONFORMING AMENDMENTS

6 SEC. 701. AMENDMENT OF INLAND NAVIGATION RULES.

7 Section 2 of the Inland Navigational Rules Act of

8 1980 is amended—

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

10 2009(e)(i)) to read as follows:

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

12 the power-driven vessel intending to overtake another

13 power-driven vessel shall indicate her intention by sound14 ing the appropriate signal prescribed in Rule 34(c) and

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

16 being overtaken, if in agreement, shall sound the same sig17 nal and may, if specifically agreed to take steps to permit

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

19 prescribed in Rule 34(d).’’;

20 (2) in Rule 15(b) (33 U.S.C. 2015(b)) by in21 serting ‘‘power-driven’’ after ‘‘Secretary, a’’;

22 (3) in Rule 23(a)(i) (33 U.S.C. 2023(a)(i))

23 after ‘‘masthead light forward’’; by striking ‘‘except

24 that a vessel of less than 20 meters in length need
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1 not exhibit this light forward of amidships but shall

2 exhibit it as far forward as is practicable;’’;

3 (4) by amending Rule 24(f) (33 U.S.C.

4 2024(f)) to read as follows:

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

6 alongside or pushed in a group shall be lighted as one ves7 sel, except as provided in paragraph (iii)—

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

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

10 sidelights and a special flashing light;

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

12 a sternlight and at the forward end, sidelights and

13 a special flashing light; and

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

15 sides of the towing vessels a stern light shall be ex16 hibited on the stern of the outboard vessel on each

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

18 sidelights as far forward and as far outboard as is

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

20 (5) in Rule 26 (33 U.S.C 2026)—

21 (A) in each of subsections (b)(i) and (c)(i)

22 by striking ‘‘a vessel of less than 20 meters in

23 length may instead of this shape exhibit a bas24 ket;’’; and
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1 (B) by amending subsection (d) to read as

2 follows:

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

4 these Rules apply to a vessel engaged in fishing in close

5 proximity to other vessels engaged in fishing.’’; and

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

7 to read as follows:

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

9 vessel in a head-on, crossing, or overtaking situation, as

10 for example, by using the radiotelephone as prescribed by

11 the Vessel Bridge-to-Bridge Radiotelephone Act (85 Stat.

12 164; 33 U.S.C. 1201 et seq.), is not obliged to sound the

13 whistle signals prescribed by this rule, but may do so. If

14 agreement is not reached, then whistle signals shall be ex15 changed in a timely manner and shall prevail.’’.

16 SEC. 702. MEASUREMENT OF VESSELS.

17 Section 14104 of title 46, United Sates Code, is

18 amended by redesignating the existing text after the sec19 tion heading as subsection (a) and by adding at the end

20 the following new subsection:

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

22 be prescribed under this section, the Secretary may pre23 scribe it by regulation. The alternate tonnage shall, to the

24 maximum extent possible, be equivalent to the statutorily

25 established tonnage. Until an alternate tonnage is pre-
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1 scribed, the statutorily established tonnage shall apply to

2 vessels measured under chapter 143 or chapter 145 of this

3 title.’’.

4 SEC. 703. LONGSHORE AND HARBOR WORKERS COMPENSA5 TION.

6 Section 3(d)(3)(B) of the Longshore and Harbor

7 Workers’ Compensation Act (33 U.S.C. 903(d)(3)(B)) is

8 amended by inserting after ‘‘1,600 tons gross’’ the follow9 ing: ‘‘as measured under section 14502 of title 46, United

10 States Code, or an alternate tonnage measured under sec11 tion 14302 of that title as prescribed by the Secretary

12 under section 14104 of that title’’.

13 SEC. 704. RADIOTELEPHONE REQUIREMENTS.

14 Section 4(a)(2) of the Vessel Bridge-to-Bridge Radio15 telephone Act (33 U.S.C. 1203(a)(2)) is amended by in16 serting after ‘‘one hundred gross tons’’ the following ‘‘as

17 measured under section 14502 of title 46, United States

18 Code, or an alternate tonnage measured under section

19 14302 of that title as prescribed by the Secretary under

20 section 14104 of that title,’’.

21 SEC. 705. VESSEL OPERATING REQUIREMENTS.

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

23 Act of 1972 (33 U.S.C. 1223(a)(3)) is amended by insert24 ing after ‘‘300 gross tons’’ the following: ‘‘as measured

25 under section 14502 of title 46, United States Code, or
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1 an alternate tonnage measured under section 14302 of

2 that title as prescribed by the Secretary under section

3 14104 of that title’’.

4 SEC. 706. MERCHANT MARINE ACT, 1920.

5 Section 27A of the Merchant Marine Act, 1920 (46

6 U.S.C. App. 883–1), is amended by inserting after ‘‘five

7 hundred gross tons’’ the following: ‘‘as measured under

8 section 14502 of title 46, United States Code, or an alter9 nate tonnage measured under section 14302 of that title

10 as prescribed by the Secretary under section 14104 of that

11 title,’’.

12 SEC. 707. MERCHANT MARINE ACT, 1956.

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

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

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

16 14502 of title 46, United States Code, or an alternate ton17 nage measured under section 14302 of that title as pre18 scribed by the Secretary under section 14104 of that

19 title’’.

20 SEC. 708. MARITIME EDUCATION AND TRAINING.

21 Section 1302(4)(A) of Maritime Education and

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

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

24 the following: ‘‘as measured under section 14502 of title

25 46, 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. 709. GENERAL DEFINITIONS.

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

5 amended—

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

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’’;

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

13 ‘‘3,500 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 (3) in paragraph (19), by inserting after ‘‘500

19 gross tons’’ the following: ‘‘as measured under sec20 tion 14502 of title 46, United States Code, or an al21 ternate tonnage measured under section 14302 of

22 that title as prescribed by the Secretary under sec23 tion 14104 of that title’’;

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

25 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’’;

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

6 ‘‘500 gross tons’’ the following: ‘‘as measured under

7 section 14502 of title 46, United States Code, or an

8 alternate tonnage measured under section 14302 of

9 that title as prescribed by the Secretary under sec10 tion 14104 of that title’’;

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

12 gross tons’’ the following: ‘‘as measured under sec13 tion 14502 of title 46, United States Code, or an al14 ternate tonnage measured under section 14302 of

15 that title as prescribed by the Secretary under sec16 tion 14104 of that title’’;

17 (7) in paragraph (33), 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’’;

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

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’’; and

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

5 gross tons’’ each place it appears, the following: ‘‘as

6 measured under section 14502 of title 46, United

7 States Code, or an alternate tonnage measured

8 under section 14302 of that title as prescribed by

9 the Secretary under section 14104 of that title’’.

10 SEC. 710. AUTHORITY TO EXEMPT CERTAIN VESSELS.

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

12 amended—

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

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

15 the following: ‘‘as measured under section 14502 of

16 title 46, United States Code, or an alternate tonnage

17 measured under section 14302 of that title as pre18 scribed by the Secretary under section 14104 of that

19 title’’; and

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

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

22 the following: ‘‘as measured under section 14502 of

23 title 46, United States Code, or an alternate tonnage

24 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. 711. INSPECTION OF VESSELS.

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

5 amended—

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

7 ‘‘5,000 gross tons’’ the following: ‘‘as measured

8 under section 14502 of title 46, United States Code,

9 or an alternate tonnage measured under section

10 14302 of that title as prescribed by the Secretary

11 under section 14104 of that title’’;

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

13 gross tons’’ the following: ‘‘as measured under sec14 tion 14502 of title 46, United States Code, or an al15 ternate tonnage measured under section 14302 of

16 that title as prescribed by the Secretary under sec17 tion 14104 of that title’’;

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

19 gross tons’’ the following: ‘‘as measured under sec20 tion 14502 of title 46, United States Code, or an al21 ternate tonnage measured under section 14302 of

22 that title as prescribed by the Secretary under sec23 tion 14104 of that title’’;

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

25 ‘‘500 gross tons’’ the following: ‘‘as measured under
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1 section 14502 of title 46, United States Code, or an

2 alternate tonnage measured under section 14302 of

3 that title as prescribed by the Secretary under sec4 tion 14104 of that title’’;

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

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

12 ‘‘300 gross tons’’ the following: ‘‘as measured under

13 section 14502 of title 46, United States Code, or an

14 alternate tonnage measured under section 14302 of

15 that title as prescribed by the Secretary under sec16 tion 14104 of that title’’; and

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

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’’.

23 SEC. 712. REGULATIONS.

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

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

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

3 the following: ‘‘as measured under section 14502 of

4 title 46, United States Code, or an alternate tonnage

5 measured under section 14302 of that title as pre6 scribed by the Secretary under section 14104 of that

7 title’’; and

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

9 100 gross tons but less than 500 gross tons’’ the fol10 lowing: ‘‘as measured under section 14502 of title

11 46, United States Code, or an alternate tonnage

12 measured under section 14302 of that title as pre13 scribed by the Secretary under section 14104 of that

14 title’’.

15 SEC. 713. FREQUENCY OF INSPECTION.

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

17 amended by inserting after ‘‘100 gross tons’’ the following:

18 ‘‘as measured under section 14502 of title 46, United

19 States Code, or an alternate tonnage measured under sec20 tion 14302 of that title as prescribed by the Secretary

21 under section 14104 of that title’’.

22 SEC. 714. PENALTIES—INSPECTION OF VESSELS.

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

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

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’’; and

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

8 ‘‘1,600 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’’.

13 SEC. 715. APPLICATION—TANK VESSELS.

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

15 amended—

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

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

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

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. 716. TANK VESSEL CONSTRUCTION STANDARDS.

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

11 amended—

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

13 ‘‘5,000 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 (2) in subsection (c)(2), by inserting after

19 ‘‘5,000 gross tons’’ each place it appears the follow20 ing: ‘‘as measured under section 14502 of title 46,

21 United States Code, or an alternate tonnage meas22 ured under section 14302 of that title as prescribed

23 by the Secretary under section 14104 of that title’’;

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

25 ‘‘15,000 gross tons’’ the following: ‘‘as measured
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1 under section 14502 of title 46, United States Code,

2 or an alternate tonnage measured under section

3 14302 of that title as prescribed by the Secretary

4 under section 14104 of that title’’;

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

6 ‘‘30,000 gross tons’’ the following: ‘‘as measured

7 under section 14502 of title 46, United States Code,

8 or an alternate tonnage measured under section

9 14302 of that title as prescribed by the Secretary

10 under section 14104 of that title’’; and

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

12 ‘‘30,000 gross tons’’ the following: ‘‘as measured

13 under section 14502 of title 46, United States Code,

14 or an alternate tonnage measured under section

15 14302 of that title as prescribed by the Secretary

16 under section 14104 of that title’’.

17 SEC. 717. TANKER MINIMUM STANDARDS.

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

19 amended—

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

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’’; and
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1 (2) in subsection (b), by inserting after ‘‘10,000

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. 718. SELF-PROPELLED TANK VESSEL MINIMUM

8 STANDARDS.

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

10 amended by inserting after ‘‘10,000 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. 719. DEFINITION—ABANDONMENT OF BARGES.

16 Section 4701(1) of title 46, United States Code, is

17 amended by inserting after ‘‘100 gross tons’’ the following:

18 ‘‘as measured under section 14502 of title 46, United

19 States Code, or an alternate tonnage measured under sec20 tion 14302 of that title as prescribed by the Secretary

21 under section 14104 of that title’’.

22 SEC. 720. APPLICATION—LOAD LINES.

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

24 amended—
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1 (1) in paragraph (4), by inserting after ‘‘5,000

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 (2) in paragraph (5), 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 (3) in paragraph (10), 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 SEC. 721. LICENSING OF INDIVIDUALS.

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

21 is amended by inserting after ‘‘1,600 gross tons’’ the fol22 lowing: ‘‘as measured under section 14502 of title 46,

23 United States Code, or an alternate tonnage measured

24 under section 14302 of that title as prescribed by the Sec25 retary under section 14104 of that title’’.
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1 SEC. 722. ABLE SEAMEN—LIMITED.

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

3 amended by inserting after ‘‘100 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. 723. ABLE SEAMEN—OFFSHORE SUPPLY VESSELS.

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

10 amended by inserting after ‘‘500 gross tons’’ the following:

11 ‘‘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. 724. SCALE OF EMPLOYMENT—ABLE SEAMEN.

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

17 amended—

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

19 gross tons’’ the following: ‘‘as measured under sec20 tion 14502 of title 46, United States Code, or an al21 ternate tonnage measured under section 14302 of

22 that title as prescribed by the Secretary under sec23 tion 14104 of that title’’;

24 (2) in subsection (c)(1), by inserting after ‘‘500

25 gross tons’’ the following: ‘‘as measured under sec26 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 (3) in subsection (d), by inserting after ‘‘500

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

11 ‘‘5,000 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’’; and

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

17 ‘‘5,000 gross tons’’ the following: ‘‘as measured

18 under section 14502 of title 46, United States Code,

19 or an alternate tonnage measured under section

20 14302 of that title as prescribed by the Secretary

21 under section 14104 of that title’’.

22 SEC. 725. GENERAL REQUIREMENTS—ENGINE DEPART23 MENT.

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

25 amended by inserting after ‘‘100 gross tons’’ the following:
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1 ‘‘as measured under section 14502 of title 46, United

2 States Code, or an alternate tonnage measured under sec3 tion 14302 of that title as prescribed by the Secretary

4 under section 14104 of that title’’.

5 SEC. 726. COMPLEMENT OF INSPECTED VESSELS.

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

7 amended by inserting after ‘‘100 gross tons’’ the following:

8 ‘‘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. 727. WATCHMEN.

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

14 amended by inserting after ‘‘100 gross tons’’ the following:

15 ‘‘as measured under section 14502 of title 46, United

16 States Code, or an alternate tonnage measured under sec17 tion 14302 of that title as prescribed by the Secretary

18 under section 14104 of that title’’.

19 SEC. 728. CITIZENSHIP AND NAVAL RESERVE REQUIRE20 MENTS.

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

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

23 the following: ‘‘as measured under section 14502 of title

24 46, 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. 729. WATCHES.

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

5 amended—

6 (1) in subsection (b), 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’’;

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

13 gross tons’’ and after ‘‘5,000 gross tons’’ the follow14 ing: ‘‘as measured under section 14502 of title 46,

15 United States Code, or an alternate tonnage meas16 ured under section 14302 of that title as prescribed

17 by the Secretary under section 14104 of that title’’;

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

19 ‘‘1,600 gross tons’’ the following: ‘‘as measured

20 under section 14502 of title 46, United States Code,

21 or an alternate tonnage measured under section

22 14302 of that title as prescribed by the Secretary

23 under section 14104 of that title’’;

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

25 ‘‘1,600 gross tons’’ the following: ‘‘as measured
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1 under section 14502 of title 46, United States Code,

2 or an alternate tonnage measured under section

3 14302 of that title as prescribed by the Secretary

4 under section 14104 of that title’’;

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

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’’; and

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

12 gross tons’’ the following: ‘‘as measured under sec13 tion 14502 of title 46, United States Code, or an al14 ternate tonnage measured under section 14302 of

15 that title as prescribed by the Secretary under sec16 tion 14104 of that title’’.

17 SEC. 730. MINIMUM NUMBER OF LICENSED INDIVIDUALS.

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

19 amended—

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

21 ‘‘1,000 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 (2) in subsection (a)(3), by inserting after ‘‘at

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

3 the following: ‘‘as measured under section 14502 of

4 title 46, United States Code, or an alternate tonnage

5 measured under section 14302 of that title as pre6 scribed by the Secretary under section 14104 of that

7 title’’;

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

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

10 the following: ‘‘as measured under section 14502 of

11 title 46, United States Code, or an alternate tonnage

12 measured under section 14302 of that title as pre13 scribed by the Secretary under section 14104 of that

14 title’’;

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

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’’;

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

22 gross tons’’ the following: ‘‘as measured under sec23 tion 14502 of title 46, United States Code, or an al24 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 (6) in subsection (e)(3), by inserting after ‘‘200

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. 731. OFFICERS’ COMPETENCY CERTIFICATES CONVEN10 TION.

11 Section 8304(b)(4) of title 46, United States Code,

12 is amended by inserting after ‘‘200 gross tons’’ the follow13 ing: ‘‘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. 732. MERCHANT MARINERS’ DOCUMENTS REQUIRED.

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

19 amended—

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

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’’; and
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1 (2) in subsection (a)(6), 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 SEC. 733. CERTAIN CREW REQUIREMENTS.

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

9 amended—

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

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

17 ‘‘1,600 gross tons’’ the following: ‘‘as measured

18 under section 14502 of title 46, United States Code,

19 or an alternate tonnage measured under section

20 14302 of that title as prescribed by the Secretary

21 under section 14104 of that title’’.

22 SEC. 734. FREIGHT VESSELS.

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

24 amended by inserting after ‘‘100 gross tons’’ the following:

25 ‘‘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. 735. EXEMPTIONS.

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

6 amended by inserting after ‘‘200 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. 736. UNITED STATES REGISTERED PILOT SERVICE.

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

13 is amended by inserting after ‘‘4,000 gross tons’’ the fol14 lowing: ‘‘as measured under section 14502 of title 46,

15 United States Code, or an alternate tonnage measured

16 under section 14302 of that title as prescribed by the Sec17 retary under section 14104 of that title’’.

18 SEC. 737. DEFINITIONS—MERCHANT SEAMEN PROTECTION.

19 Section 10101(4)(B) of title 46, United States Code,

20 is amended by inserting after ‘‘1,600 gross tons’’ the fol21 lowing: ‘‘as measured under section 14502 of title 46,

22 United States Code, or an alternate tonnage measured

23 under section 14302 of that title as prescribed by the Sec24 retary under section 14104 of that title’’.
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1 SEC. 738. APPLICATION—FOREIGN AND INTERCOASTAL

2 VOYAGES.

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

4 is amended by inserting after ‘‘75 gross tons’’ the follow5 ing: ‘‘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. 739. APPLICATION—COASTWISE VOYAGES.

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

11 amended by inserting after ‘‘50 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. 740. FISHING AGREEMENTS.

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

18 is amended by inserting after ‘‘20 gross tons’’ the follow19 ing: ‘‘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. 741. ACCOMMODATIONS FOR SEAMEN.

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

25 amended by inserting after ‘‘100 gross tons’’ the following:

26 ‘‘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. 742. MEDICINE CHESTS.

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

6 amended by inserting after ‘‘75 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. 743. LOGBOOK AND ENTRY REQUIREMENTS.

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

13 is amended by inserting after ‘‘100 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. 744. COASTWISE ENDORSEMENTS.

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

20 is amended by striking ‘‘two hundred gross tons’’ and in21 serting ‘‘200 gross tons as measured under section 14502

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

23 measured under section 14302 of that title as prescribed

24 by the Secretary under section 14104 of that title’’.
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1 SEC. 745. FISHERY ENDORSEMENTS.

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

3 is amended by striking ‘‘two hundred gross tons’’ and in4 serting ‘‘200 gross tons as measured under section 14502

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

6 measured under section 14302 of that title as prescribed

7 by the Secretary under section 14104 of that title’’.

8 SEC. 746. CLERICAL AMENDMENT.

9 Chapter 121 of title 46, United States Code, is

10 amended—

11 (1) by striking the first section 12123; and

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

13 the chapter by striking the first item relating to sec14 tion 12123.

15 SEC. 747. REPEAL OF GREAT LAKES ENDORSEMENTS.

16 (a) REPEAL.—Section 12107 of title 46, United

17 States Code, is repealed.

18 (b) CONFORMING AMENDMENTS.—

19 (1) The analysis at the beginning of chapter

20 121 of title 46, United States Code, is amended by

21 striking the item relating to section 12107.

22 (2) Section 12101(b)(3) of title 46, United

23 States Code, is repealed.

24 (3) Section 4370(a) of the Revised Statutes of

25 the United States (46 App. U.S.C. 316(a)) is

26 amended by striking ‘‘or 12107’’.
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1 (4) Section 2793 of the Revised Statutes of

2 the United States (46 App. U.S.C. 111, 123) is

3 amended—

4 (A) by striking ‘‘coastwise, Great Lakes

5 endorsement’’ and all that follows through ‘‘for6 eign ports,’’ and inserting ‘‘registry endorse7 ment, engaged in foreign trade on the Great

8 Lakes or their tributary or connecting waters in

9 trade with Canada,’’; and

10 (B) by striking ‘‘, as if from or to foreign

11 ports’’.

12 SEC. 748. CONVENTION TONNAGE FOR LICENSES, CERTIFI13 CATES, AND DOCUMENTS.

14 (a) AUTHORITY TO USE CONVENTION TONNAGE.—

15 Chapter 75 of title 46, United States Code, is amended

16 by adding at the end the following:

17 ‘‘§ 7506. Convention tonnage for licenses, certificates,

18 and documents

19 ‘‘Notwithstanding any provision of section 14302(c)

20 or 14305 of this title, the Secretary may—

21 ‘‘(1) evaluate the service of an individual who is

22 applying for a license, a certificate of registry, or a

23 merchant mariner’s document by using the tonnage

24 as measured under chapter 143 of this title for the

25 vessels on which that service was acquired, and
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1 ‘‘(2) issue the license, certificate, or document

2 based on that service.’’

3 (b) CLERICAL AMENDMENT.—The analysis to chap4 ter 75 of title 46, United States Code, is amended by add5 ing a new catchline as follows:

‘‘Sec. 7506. Convention tonnage for licenses, certificates, and documents.’’.

6 TITLE VIII—COAST GUARD

7 AUXILIARY AMENDMENTS

8 SEC. 801. ADMINISTRATION OF THE COAST GUARD AUXIL9 IARY.

10 (a) IN GENERAL.—Section 821, title 14, United

11 States Code, is amended to read as follows:

12 ‘‘§ 821. Administration of the Coast Guard Auxiliary

13 ‘‘(a) The Coast Guard Auxiliary is a nonmilitary or14 ganization administered by the Commandant under the di15 rection of the Secretary. For command, control, and ad16 ministrative purposes, the Auxiliary shall include such or17 ganizational elements and units as are approved by the

18 Commandant, including but not limited to, a national

19 board and staff (to be known as the ‘Auxiliary head20 quarters unit’), districts, regions, divisions, flotillas, and

21 other organizational elements and units. The Auxiliary or22 ganization and its officers shall have such rights, privi23 leges, powers, and duties as may be granted to them by

24 the Commandant, consistent with this title and other ap25 plicable provisions of law. The Commandant may delegate
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1 to officers of the Auxiliary the authority vested in the

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

3 extent the Commandant considers necessary or appro4 priate for the functioning, organization, and internal ad5 ministration of the Auxiliary.

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

7 Guard Auxiliary organization (but excluding any corpora8 tion formed by an organizational element or unit of the

9 Auxiliary under subsection (c) of this section), shall, ex10 cept when acting outside the scope of section 822, at all

11 times be deemed to be an instrumentality of the United

12 States, for purposes of—

13 ‘‘(1) chapter 26 of title 28 (popularly known as

14 the Federal Tort Claims Act;

15 ‘‘(2) section 2733 of title 10 (popularly known

16 as the Military Claims Act);

17 ‘‘(3) the Act of March 3, 1925 (46 App. U.S.C.

18 781–790; popularly known as the Public Vessels

19 Act);

20 ‘‘(4) the Act of March 9, 1920 (46 App. U.S.C.

21 741–752; popularly known as the Suits in Admiralty

22 Act;

23 ‘‘(5) the Act of June 19, 1948 (46 App. U.S.C.

24 740; popularly known as the Admiralty Extension

25 Act); and
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1 ‘‘(6) other matters related to noncontractual

2 civil liability.

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

4 Auxiliary district or region, may form a corporation under

5 State law in accordance with policies established by the

6 Commandant.’’.

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

8 at the beginning of chapter 23 of title 14, United States

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

10 821, and inserting the following:

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

11 SEC. 802. PURPOSE OF THE COAST GUARD AUXILIARY.

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

13 States Code, is amended to read as follows:

14 ‘‘§ 822. Purpose of the Coast Guard auxiliary

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

16 Guard as authorized by the Commandant, in performing

17 any Coast Guard function, power, duty, role, mission, or

18 operation authorized by law.’’.

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

20 at the beginning of chapter 23 of title 14, United States

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

22 822 and inserting the following:

‘‘822. Purpose of the Coast Guard Auxiliary.’’.
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1 SEC. 803. MEMBERS OF THE AUXILIARY; STATUS.

2 (a) IN GENERAL.—Section 823 of title 14, United

3 States Code, is amended—

4 (1) in the heading by adding ‘‘, and status’’

5 after ‘‘enrollments’’;

6 (2) by inserting ‘‘(a)’’ before ‘‘The Auxiliary’’;

7 and

8 (3) by adding at the end the following new sub9 sections:

10 ‘‘(b) A member of the Coast Guard Auxiliary is not

11 a Federal employee except for the following purposes:

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

13 the Federal Tort Claims Act).

14 ‘‘(2) Section 2733 of title 10 (popularly known

15 as the Military Claims Act).

16 ‘‘(3) The Act of March 3, 1925 (46 App.

17 U.S.C. 781–790; popularly known as the Public Ves18 sel Act).

19 ‘‘(4) The Act of March 9, 1920 (46 App.

20 U.S.C. 741–752; popularly known as the Suits in

21 Admiralty Act).

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

23 740; popularly known as the Admiralty Extension

24 Act).

25 ‘‘(6) Other matters related to noncontractual

26 civil liability.
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1 ‘‘(7) Compensation for work injuries under

2 chapter 81 of title 5.

3 ‘‘(8) The resolution of claims relating to dam4 age to or loss of personal property of the member in5 cident to service under section 3721 of title 31 (pop6 ularly known as the Military Personnel and Civilian

7 Employees’ Claims Act of 1964).

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

9 duty, shall be deemed to be a person acting under an offi10 cer of the United States or an agency thereof for purposes

11 of section 1442(a)(1) of title 28.’’.

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

13 at the beginning of chapter 23 of title 14, United States

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

15 823 and inserting the following:

‘‘823. Eligibility, enrollments, and status.’’.

16 SEC. 804. ASSIGNMENT AND PERFORMANCE OF DUTIES.

17 (a) TRAVEL AND SUBSISTENCE EXPENSE.—Section

18 830 of title 14, United States Code, is amended by strik19 ing ‘‘specific’’.

20 (b) ASSIGNMENT OF GENERAL DUTIES.—Section

21 831 of title 14, United States Code, is amended by strik22 ing ‘‘specific’’ each place it appears.

23 (c) BENEFITS FOR INJURY OR DEATH.—Section 832

24 of title 14, United States Code, is amended by striking

25 ‘‘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.’’; and

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,’’.

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