Union Calendar No. 51

104TH CONGRESS

1ST SESSION H. R. 1361

[Report No. 104–106]

A BILL

To authorize appropriations for fiscal year 1996 for

the Coast Guard, and for other purposes.

MAY 1, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 51

104TH CONGRESS

1ST SESSION H. R. 1361

[Report No. 104–106]

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

MAY 1, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 30, 1995]

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Coast Guard Authoriza3 tion Act For Fiscal Year 1996’’.

4 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—AUTHORIZATIONS

Sec. 101. Authorization of appropriations.

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

Sec. 103. Quarterly reports on drug interdiction.

Sec. 104. Safety determination for small boat closures.

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.
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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.

Sec. 418. Offshore facility financial responsibility requirements.

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

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

TITLE V—COAST GUARD REGULATORY REFORM

Sec. 501. Short title.

Sec. 502. Safety management.

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

Sec. 504. Equipment approval.

Sec. 505. Frequency of inspection.

Sec. 506. Certificate of inspection.

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

TITLE VI—DOCUMENTATION OF VESSELS

Sec. 601. Authority to issue coastwise endorsements.

Sec. 602. Vessel documentation for charity cruises.

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

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

Sec. 605. Documentation of vessel GLEAM.

Sec. 606. Documentation of various vessels.

Sec. 607. Documentation of 4 barges.

TITLE VII—TECHNICAL AND CONFORMING AMENDMENTS

Sec. 701. Amendment of inland navigation rules.

Sec. 702. Measurement of vessels.

Sec. 703. Longshore and harbor workers compensation.

Sec. 704. Radiotelephone requirements.

Sec. 705. Vessel operating requirements.

Sec. 706. Merchant Marine Act, 1920.

Sec. 707. Merchant Marine Act, 1956.

Sec. 708. Maritime education and training.

Sec. 709. General definitions.

Sec. 710. Authority to exempt certain vessels.

Sec. 711. Inspection of vessels.

Sec. 712. Regulations.

Sec. 713. Penalties—inspection of vessels.

Sec. 714. Application—tank vessels.

Sec. 715. Tank vessel construction standards.

Sec. 716. Tanker minimum standards.

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

Sec. 718. Definition—abandonment of barges.

Sec. 719. Application—load lines.

Sec. 720. Licensing of individuals.
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Sec. 721. Able seamen—limited.

Sec. 722. Able seamen—offshore supply vessels.

Sec. 723. Scale of employment—able seamen.

Sec. 724. General requirements—engine department.

Sec. 725. Complement of inspected vessels.

Sec. 726. Watchmen.

Sec. 727. Citizenship and naval reserve requirements.

Sec. 728. Watches.

Sec. 729. Minimum number of licensed individuals.

Sec. 730. Officers’ competency certificates convention.

Sec. 731. Merchant mariners’ documents required.

Sec. 732. Certain crew requirements.

Sec. 733. Freight vessels.

Sec. 734. Exemptions.

Sec. 735. United States registered pilot service.

Sec. 736. Definitions—merchant seamen protection.

Sec. 737. Application—foreign and intercoastal voyages.

Sec. 738. Application—coastwise voyages.

Sec. 739. Fishing agreements.

Sec. 740. Accommodations for seamen.

Sec. 741. Medicine chests.

Sec. 742. Logbook and entry requirements.

Sec. 743. Coastwise endorsements.

Sec. 744. Fishery endorsements.

Sec. 745. Clerical amendment.

Sec. 746. Repeal of Great Lakes endorsements.

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

TITLE VIII—COAST GUARD AUXILIARY AMENDMENTS

Sec. 801. Administration of the Coast Guard Auxiliary.

Sec. 802. Purpose of the Coast Guard Auxiliary.

Sec. 803. Members of the Auxiliary; status.

Sec. 804. Assignment and performance of duties.

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

Sec. 806. Vessel deemed public vessel.

Sec. 807. Aircraft deemed public aircraft.

Sec. 808. Disposal of certain material.

1 TITLE I—AUTHORIZATIONS

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

3 Funds are authorized to be appropriated for necessary

4 expenses of the Coast Guard for fiscal year 1996, as follows:

5 (1) For the operation and maintenance of the

6 Coast Guard, $2,618,316,000, of which $25,000,000
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1 shall be derived from the Oil Spill Liability Trust

2 Fund.

3 (2) For the acquisition, construction, rebuilding,

4 and improvement of aids to navigation, shore and off5 shore facilities, vessels, and aircraft, including equip6 ment related thereto, $428,200,000, to remain avail7 able until expended, of which $32,500,000 shall be de8 rived from the Oil Spill Liability Trust Fund to

9 carry out the purposes of section 1012(a)(5) of the Oil

10 Pollution Act of 1990.

11 (3) For research, development, test, and evalua12 tion of technologies, materials, and human factors di13 rectly relating to improving the performance of the

14 Coast Guard’s mission in support of search and res15 cue, aids to navigation, marine safety, marine envi16 ronmental protection, enforcement of laws and trea17 ties, ice operations, oceanographic research, and de18 fense readiness, $22,500,000, to remain available

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

20 from the Oil Spill Liability Trust Fund.

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

22 obligations otherwise chargeable to lapsed appropria23 tions for this purpose), payments under the Retired

24 Serviceman’s Family Protection and Survivor Benefit

25 Plans, and payments for medical care of retired per-
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1 sonnel and their dependents under chapter 55 of title

2 10, United States Code, $582,022,000.

3 (5) For alteration or removal of bridges over

4 navigable waters of the United States constituting ob5 structions to navigation, and for personnel and ad6 ministrative costs associated with the Bridge Alter7 ation Program, $16,200,000, to remain available

8 until expended.

9 (6) For necessary expenses to carry out the Coast

10 Guard’s environmental compliance and restoration

11 functions, other than parts and equipment associated

12 with operations and maintenance, under chapter 19

13 of title 14, United States Code, at Coast Guard facili14 ties, $25,000,000, to remain available until expended.

15 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

16 AND TRAINING.

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

18 authorized an end-of-year strength for active duty personnel

19 of 38,400 as of September 30, 1996.

20 (b) MILITARY TRAINING STUDENT LOADS.—For fiscal

21 year 1996, the Coast Guard is authorized average military

22 training student loads as follows:

23 (1) For recruit and special training, 1604 stu24 dent years.

25 (2) For flight training, 85 student years.
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1 (3) For professional training in military and

2 civilian institutions, 330 student years.

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

4 SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION.

5 Not later than 30 days after the end of each fiscal year

6 quarter, the Secretary of Transportation shall submit to the

7 Committee on Transportation and Infrastructure of the

8 House of Representatives and the Committee on Commerce,

9 Science, and Transportation of the Senate a report on all

10 expenditures related to drug interdiction activities of the

11 Coast Guard during that quarter.

12 SEC. 104. SAFETY DETERMINATION FOR SMALL BOAT CLO13 SURES.

14 None of the funds authorized to be appropriated under

15 this Act may be used to close Coast Guard multimission

16 small boat stations unless the Secretary of Transportation

17 determines that maritime safety will not be diminished by

18 the closures.

19 TITLE II—PERSONNEL

20 MANAGEMENT IMPROVEMENT

21 SEC. 201. HURRICANE ANDREW RELIEF.

22 Section 2856 of the National Defense Authorization

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

24 the military personnel of the Coast Guard who were as25 signed to, or employed at or in connection with, any Fed-
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1 eral facility or installation in the vicinity of Homestead

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

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

4 24, 1992, except that—

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

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

7 (2) the Secretary of Transportation shall admin8 ister that section with respect to Coast Guard person9 nel.

10 SEC. 202. EXCLUDE CERTAIN RESERVES FROM END-OF11 YEAR STRENGTH.

12 Section 712 of title 14, United States Code, is amended

13 by adding at the end the following:

14 ‘‘(d) Reserve members ordered to active duty under this

15 section shall not be counted in computing authorized

16 strength of members on active duty or members in grade

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

18 SEC. 203. PROVISION OF CHILD DEVELOPMENT SERVICES.

19 Section 93 of title 14, United States Code, is amended

20 by striking ‘‘and’’ after the semicolon at the end of para21 graph (t)(2), by striking the period at the end of paragraph

22 (u) and inserting ‘‘; and’’, and by adding at the end the

23 following new paragraph:

24 ‘‘(v) make child development services available to

25 members of the armed forces and Federal civilian em-
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1 ployees under terms and conditions comparable to

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

3 U.S.C. 113 note).’’.

4 SEC. 204. ACCESS TO NATIONAL DRIVER REGISTER INFOR5 MATION ON CERTAIN COAST GUARD PERSON6 NEL.

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

8 United States Code, as amended by section 203, is further

9 amended—

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

11 end of paragraph (u);

12 (2) by striking the period at the end of para13 graph (v) and inserting ‘‘; and’’; and

14 (3) by adding at the end the following new para15 graph:

16 ‘‘(w) require that any officer, chief warrant offi17 cer, or enlisted member of the Coast Guard or Coast

18 Guard Reserve (including a cadet or an applicant for

19 appointment or enlistment to any of the foregoing

20 and any member of a uniformed service who is as21 signed to the Coast Guard) request that all informa22 tion contained in the National Driver Register per23 taining to the individual, as described in section

24 30304(a) of title 49, be made available to the Com25 mandant under section 30305(a) of title 49, may re-
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1 ceive that information, and upon receipt, shall make

2 the information available to the individual.’’.

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

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

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

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

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

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

11 member of a uniformed service who is assigned to the Coast

12 Guard) may request the chief driver licensing official of a

13 State to provide information about the individual under

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

15 Coast Guard. The Commandant may receive the informa16 tion and shall make the information available to the indi17 vidual. Information may not be obtained from the Register

18 under this paragraph if the information was entered in the

19 Register more than 3 years before the request, unless the

20 information is about a revocation or suspension still in ef21 fect on the date of the request.’’.

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

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

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

2 (2) by striking the last sentence; and

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

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

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

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

8 honorably discharged with severance pay computed

9 under section 286 of this title;

10 ‘‘(B) in the case of an officer who has completed

11 at least 18 years of active service on the date of dis12 charge under subparagraph (A), be retained on active

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

14 which the officer completes 20 years of active service,

15 unless earlier removed under another provision of

16 law; or

17 ‘‘(C) if, on the date specified for the officer’s dis18 charge in this section, the officer has completed at

19 least 20 years of active service or is eligible for retire20 ment under any law, be retired on that date.’’.
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1 TITLE III—NAVIGATION SAFETY

2 AND WATERWAY SERVICES

3 MANAGEMENT

4 SEC. 301. FOREIGN PASSENGER VESSEL USER FEES.

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

6 amended—

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

8 and inserting ‘‘Except as’’; and

9 (2) by striking subsection (b).

10 SEC. 302. FLORIDA AVENUE BRIDGE.

11 For purposes of the alteration of the Florida Avenue

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

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

17 Secretary of Transportation shall treat the drainage siphon

18 that is adjacent to the bridge as an appurtenance of the

19 bridge, including with respect to apportionment and pay20 ment of costs for the removal of the drainage siphon in ac21 cordance with that Act.
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1 SEC. 303. RENEWAL OF HOUSTON-GALVESTON NAVIGATION

2 SAFETY ADVISORY COMMITTEE AND LOWER

3 MISSISSIPPI RIVER WATERWAY ADVISORY

4 COMMITTEE.

5 The Coast Guard Authorization Act of 1991 (Public

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

7 (1) in section 18 by adding at the end the follow8 ing:

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

10 2000.’’; and

11 (2) in section 19 by adding at the end the follow12 ing:

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

14 2000.’’.

15 SEC. 304. RENEWAL OF THE NAVIGATION SAFETY ADVISORY

16 COUNCIL.

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

19 striking ‘‘September 30, 1995’’ and inserting ‘‘September

20 30, 2000’’.

21 (b) CLERICAL AMENDMENT.—The section heading for

22 section 5(d) of the Inland Navigational Rules Act of 1980

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

24 Advisory Council’’ and inserting ‘‘Navigation Safety Advi25 sory Council’’.
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1 SEC. 305. RENEWAL OF COMMERCIAL FISHING INDUSTRY

2 VESSEL ADVISORY COMMITTEE.

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

4 States Code, is amended by striking ‘‘September 30, 1994’’

5 and inserting ‘‘October 1, 2000’’.

6 SEC. 306. NONDISCLOSURE OF PORT SECURITY PLANS.

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

8 U.S.C. 1226), is amended by adding at the end the following

9 new subsection (c):

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

11 Notwithstanding any other provision of law, information

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

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

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

17 (a) PENALTY IMPOSED.—Chapter 21 of title 46, Unit18 ed States Code, is amended by adding at the end the follow19 ing new section:

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

22 ‘‘Any person who fails to comply with or otherwise vio23 lates the requirements prescribed by the Secretary under

24 this subtitle for chemical testing for dangerous drugs or for

25 evidence of alcohol use is liable to the United States Govern26 ment for a civil penalty of not more than $1,000 for each
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1 violation. Each day of a continuing violation shall con2 stitute a separate violation.’’.

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

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

5 is amended by inserting after the item relating to section

6 2114 the following new item:

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

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

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

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

11 the end the following new subsection:

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

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

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

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

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

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

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

19 shall with respect to such vessel refuse or revoke any clear20 ance required by section 4197 of the Revised Statutes of the

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

22 ‘‘(2) Clearance refused or revoked under this subsection

23 may be granted upon the filing of a bond or other surety

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

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

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

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

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

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

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

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

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

10 the Secretary, shall with respect to such vessel refuse or re11 voke any clearance required by section 4197 of the Revised

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

13 ‘‘(2) Clearance refused or revoked under this subsection

14 may be granted upon filing of a bond or other surety satis15 factory to the Secretary.’’.

16 (c) INLAND NAVIGATION RULES ACT OF 1980.—Sec17 tion 4(d) of the Inland Navigational Rules Act of 1980 (33

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

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

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

21 for a penalty under this section, or if reasonable cause exists

22 to believe that the owner, operator, or person in charge may

23 be subject to a penalty under this section, the Secretary of

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

25 respect to such vessel refuse or revoke any clearance required
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1 by section 4197 of the Revised Statutes of the United States

2 (46 App. U.S.C. 91).

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

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

5 other surety satisfactory to the Secretary.’’.

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

7 3718(e) of title 46, United States Code, is amended to read

8 as follows:

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

10 a vessel is liable for any penalty or fine under this section,

11 or if reasonable cause exists to believe that the owner, opera12 tor, or person in charge may be subject to any penalty or

13 fine under this section, the Secretary of the Treasury, upon

14 the request of the Secretary, shall with respect to such vessel

15 refuse or revoke any clearance required by section 4197 of

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

17 91).

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

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

20 other surety satisfactory to the Secretary.’’.

21 SEC. 309. INCREASED CIVIL PENALTIES.

22 (a) PENALTY FOR FAILURE TO REPORT A CAS23 UALTY.—Section 6103(a) of title 46, United States Code,

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

25 than $25,000’’.
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1 (b) OPERATION OF UNINSPECTED VESSEL IN VIOLA2 TION OF MANNING REQUIREMENTS.—Section 8906 of title

3 46, United States Code, is amended by striking ‘‘$1,000’’

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

5 SEC. 310. AMENDMENT TO REQUIRE EMERGENCY POSITION

6 INDICATING RADIO BEACONS ON THE GREAT

7 LAKES.

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

9 States Code, is amended by inserting ‘‘or beyond three nau10 tical miles from the coastline of the Great Lakes’’ after

11 ‘‘high seas’’.

12 TITLE IV—MISCELLANEOUS

13 SEC. 401. TRANSFER OF COAST GUARD PROPERTY IN TRA14 VERSE CITY, MICHIGAN.

15 (a) REQUIREMENT.—The Secretary of Transportation

16 (or any other official having control over the property de17 scribed in subsection (b)) shall expeditiously convey to the

18 Traverse City Area Public School District in Traverse City,

19 Michigan, without consideration, all right, title, and inter20 est of the United States in and to the property described

21 in subsection (b), subject to all easements and other interests

22 in the property held by any other person.

23 (b) PROPERTY DESCRIBED.—The property referred to

24 in subsection (a) is real property located in the city of Tra25 verse City, Grand Traverse County, Michigan, and consist-
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ing of that part of the southeast 1 1 ⁄4 of Section 12, Township

2 27 North, Range 11 West, described as: Commencing at the

southeast 1 3 ⁄4 corner of said Section 12, thence north 03 de4 grees 05 minutes 25 seconds east along the East line of said

5 Section, 1074.04 feet, thence north 86 degrees 36 minutes

6 50 seconds west 207.66 feet, thence north 03 degrees 06 min7 utes 00 seconds east 572.83 feet to the point of beginning,

8 thence north 86 degrees 54 minutes 00 seconds west 1,751.04

9 feet, thence north 03 degrees 02 minutes 38 seconds east

10 330.09 feet, thence north 24 degrees 04 minutes 40 seconds

11 east 439.86 feet, thence south 86 degrees 56 minutes 15 sec12 onds east 116.62 feet, thence north 03 degrees 08 minutes

13 45 seconds east 200.00 feet, thence south 87 degrees 08 min14 utes 20 seconds east 68.52 feet, to the southerly right-of-way

15 of the C & O Railroad, thence south 65 degrees 54 minutes

16 20 seconds east along said right-of-way 1508.75 feet, thence

17 south 03 degrees 06 minutes 00 seconds west 400.61 to the

18 point of beginning, consisting of 27.10 acres of land, and

19 all improvements located on that property including build20 ings, structures, and equipment.

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

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

23 any conveyance of property described in subsection (b) shall

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

25 in and to the property so conveyed shall immediately revert
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1 to the United States if the property, or any part thereof,

2 ceases to be used by the Traverse City School District.

3 SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN

4 KETCHIKAN, ALASKA.

5 (a) CONVEYANCE REQUIREMENT.—The Secretary of

6 Transportation shall convey to the Ketchikan Indian Cor7 poration in Ketchikan, Alaska, without reimbursement and

8 by no later than 120 days after the date of enactment of

9 this Act, all right, title, and interest of the United States

10 in and to the property known as the ‘‘Former Marine Safe11 ty Detachment’’ as identified in Report of Excess Number

12 CG–689 (GSA Control Number 9–U–AK–0747) and de13 scribed in subsection (b), for use by the Ketchikan Indian

14 Corporation as a health or social services facility.

15 (b) PROPERTY DESCRIBED.—The property referred to

16 in subsection (a) is real property located in the city of

17 Ketchikan, Township 75 south, range 90 east, Copper River

18 Meridian, First Judicial District, State of Alaska, and

19 commencing at corner numbered 10, United States Survey

20 numbered 1079, the true point of beginning for this descrip21 tion: Thence north 24 degrees 04 minutes east, along the

22 10–11 line of said survey a distance of 89.76 feet to corner

23 numbered 1 of lot 5B; thence south 65 degrees 56 minutes

24 east a distance of 345.18 feet to corner numbered 2 of lot

25 5B; thence south 24 degrees 04 minutes west a distance of
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1 101.64 feet to corner numbered 3 of lot 5B; thence north

2 64 degrees 01 minute west a distance of 346.47 feet to corner

3 numbered 10 of said survey, to the true point of beginning,

4 consisting of 0.76 acres (more or less), and all improve5 ments located on that property, including buildings, struc6 tures, and equipment.

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

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

9 any conveyance of property described in subsection (b) shall

10 be subject to the condition that all right, title, and interest

11 in and to the property so conveyed shall immediately revert

12 to the United States if the property, or any part thereof,

13 ceases to be used by the Ketchikan Indian Corporation as

14 a health or social services facility.

15 SEC. 403. ELECTRONIC FILING OF COMMERCIAL INSTRU16 MENTS.

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

18 amended by adding at the end the following new paragraph:

19 ‘‘(4)(A) A bill of sale, conveyance, mortgage, assign20 ment, or related instrument may be filed electronically

21 under regulations prescribed by the Secretary.

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

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

24 on the date of the filing unless the original instrument is

25 provided to the Secretary within that 10-day period.’’.
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1 SEC. 404. BOARD FOR CORRECTION OF MILITARY RECORDS

2 DEADLINE.

3 (a) REMEDIES DEEMED EXHAUSTED.—Ten months

4 after a complete application for correction of military

5 records is received by the Board for Correction of Military

6 Records of the Coast Guard, administrative remedies are

7 deemed to have been exhausted, and—

8 (1) if the Board has rendered a recommended de9 cision, its recommendation shall be final agency ac10 tion and not subject to further review or approval

11 within the Department of Transportation; or

12 (2) if the Board has not rendered a recommended

13 decision, agency action is deemed to have been unrea14 sonably delayed or withheld and the applicant is enti15 tled to—

16 (A) an order under section 706(1) of title 5,

17 United States Code, directing final action be

18 taken within 30 days from the date the order is

19 entered; and

20 (B) from amounts appropriated to the De21 partment of Transportation, the costs of obtain22 ing the order, including a reasonable attorney’s

23 fee.

24 (b) EXISTING DEADLINE MANDATORY.—The 10-month

25 deadline established in section 212 of the Coast Guard Au-
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1 thorization Act of 1989 (Public Law 101–225, 103 Stat.

2 1914) is mandatory.

3 (c) APPLICATION.—This section applies to all applica4 tions filed with or pending before the Board or the Secretary

5 of Transportation on or after June 12, 1990. For applica6 tions that were pending on June 12, 1990, the 10-month

7 deadline referred to in subsection (b) shall be calculated

8 from June 12, 1990.

9 SEC. 405. JUDICIAL SALE OF CERTAIN DOCUMENTED VES10 SELS TO ALIENS.

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

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

13 ‘‘(f) This section does not apply to a documented vessel

14 that has been operated only—

15 ‘‘(1) as a fishing vessel, fish processing vessel, or

16 fish tender vessel; or

17 ‘‘(2) for pleasure.’’.

18 SEC. 406. IMPROVED AUTHORITY TO SELL RECYCLABLE

19 MATERIAL.

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

21 amended by inserting before the period the following: ‘‘, ex22 cept that the Commandant may conduct sales of materials

23 for which the proceeds of sale will not exceed $5,000 under

24 regulations prescribed by the Commandant’’.
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1 SEC. 407. RECRUITMENT OF WOMEN AND MINORITIES.

2 Not later than January 31, 1996, the Commandant

3 of the Coast Guard shall report to the Committee on Trans4 portation and Infrastructure of the House of Representa5 tives and the Committee on Commerce, Science, and Trans6 portation of the Senate, on the status of and the problems

7 in recruitment of women and minorities into the Coast

8 Guard. The report shall contain specific plans to increase

9 the recruitment of women and minorities and legislative

10 recommendations needed to increase the recruitment of

11 women and minorities.

12 SEC. 408. LIMITATION OF CERTAIN STATE AUTHORITY

13 OVER VESSELS.

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

15 ‘‘California Cruise Industry Revitalization Act’’.

16 (b) LIMITATION.—Section 5(b)(2) of the Act of Janu17 ary 2, 1951 (15 U.S.C. 1175(b)(2)), commonly referred to

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

19 the following:

20 ‘‘(C) EXCLUSION OF CERTAIN VOYAGES AND

21 SEGMENTS.—Except for a voyage or segment of

22 a voyage that occurs within the boundaries of the

23 State of Hawaii, a voyage or segment of a voy24 age is not described in subparagraph (B) if it

25 includes or consists of a segment—
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1 ‘‘(i) that begins and ends in the same

2 State;

3 ‘‘(ii) that is part of a voyage to an4 other State or to a foreign country; and

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

6 other State or foreign country within 3

7 days after leaving the State in which it be8 gins.’’.

9 SEC. 409. VESSEL FINANCING.

10 (a) ELIMINATION OF MORTGAGEE RESTRICTIONS.—

11 Section 31322(a) of title 46, United States Code, is amend12 ed to read as follows:

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

14 made, that—

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

16 ‘‘(2) is filed in substantial compliance with sec17 tion 31321 of this title; and

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

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

20 documentation is filed that is in substantial compli21 ance with the requirements of chapter 121 of this title

22 and the regulations prescribed under that chapter.’’.

23 (b) ELIMINATION OF TRUSTEE RESTRICTIONS.—

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

25 States Code, is repealed.
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1 (2) CONFORMING AMENDMENTS.—Section

2 31330(b) of title 46, United States Code, is amended

3 in paragraphs (1), (2), and (3) by striking ‘‘31328

4 or’’ each place it appears.

5 (3) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 313 of title 46,

7 United States Code, is amended by striking the item

8 relating to section 31328.

9 (c) REMOVAL OF MORTGAGE RESTRICTIONS.—Section

10 9 of the Shipping Act, 1916 (46 App. U.S.C. 808) is

11 amended—

12 (1) in subsection (c)—

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

14 ‘‘12106(e)’’; and

15 (B) in paragraph (1) by striking ‘‘mort16 gage,’’ each place it appears; and

17 (2) in subsection (d)—

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

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

20 (B) in paragraph (2) by striking ‘‘transfers,

21 or mortgages’’ and inserting ‘‘or transfers’’;

22 (C) in paragraph (3)(B) by striking ‘‘trans23 fers, or mortgages’’ and inserting ‘‘or transfers’’;

24 and
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1 (D) in paragraph (4) by striking ‘‘transfers,

2 or mortgages’’ and inserting ‘‘or transfers’’.

3 (d) LEASE FINANCING.—Section 12106 of title 46,

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

5 following new subsections:

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

7 be endorsed with a coastwise endorsement if—

8 ‘‘(A) the vessel is eligible for documentation

9 under section 12102;

10 ‘‘(B) the vessel is otherwise qualified under this

11 section to be employed in the coastwise trade;

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

13 entity of that person, or a subsidiary of a parent en14 tity of that person, is engaged in leasing;

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

16 person qualifying as a citizen of the United States for

17 engaging in the coastwise trade under section 2 of the

18 Shipping Act, 1916; and

19 ‘‘(E) the demise charter is for—

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

21 ‘‘(ii) such shorter period as may be pre22 scribed by the Secretary.

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

24 under paragraph (1)(D), the coastwise endorsement may be

25 continued for a period not to exceed 6 months on any terms
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1 and conditions that the Secretary of Transportation may

2 prescribe.

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

4 the Merchant Marine Act, 1920, section 2 of the Shipping

5 Act, 1916, and section 12102(a) of this title, a vessel meet6 ing the criteria of subsection (d) or (e) is deemed to be

7 owned exclusively by citizens of the United States.’’.

8 SEC. 410. SENSE OF CONGRESS; REQUIREMENT REGARDING

9 NOTICE.

10 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

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

12 greatest extent practicable, all equipment and products pur13 chased with funds made available under this Act should be

14 American-made.

15 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro16 viding financial assistance under this Act, the official re17 sponsible for providing the assistance, to the greatest extent

18 practicable, shall provide to each recipient of the assistance

19 a notice describing the statement made in subsection (a)

20 by the Congress.

21 SEC. 411. SPECIAL SELECTION BOARDS.

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

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

24 new section:
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1 ‘‘§ 747. Special selection boards

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

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

4 for promotion who—

5 ‘‘(1) was not considered for selection for pro6 motion by a selection board because of administrative

7 error; or

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

9 by a selection board but not selected because—

10 ‘‘(A) the action of the board that considered

11 the officer was contrary to law or involved a ma12 terial error of fact or material administrative

13 error; or

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

15 did not have before it for its consideration mate16 rial information.

17 ‘‘(b) Not later than 6 months after the date of the en18 actment of the Coast Guard Authorization Act For Fiscal

19 Year 1996, the Secretary shall issue regulations to imple20 ment this section. The regulations shall conform, as appro21 priate, to the regulations and procedures issued by the Sec22 retary of Defense for special selection boards under section

23 628 of title 10, United States Code.’’.

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

25 chapter 21 of title 14, United States Code, is amended by

26 adding after the item for section 746 the following:
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‘‘747. Special selection boards.’’.

1 SEC. 412. AVAILABILITY OF EXTRAJUDICIAL REMEDIES FOR

2 DEFAULT ON PREFERRED MORTGAGE LIENS

3 ON VESSELS.

4 (a) AVAILABILITY OF EXTRAJUDICIAL REMEDIES.—

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

6 amended—

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

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

9 may’’;

10 (2) in paragraph (1) by—

11 (A) striking ‘‘perferred’’ and inserting ‘‘pre12 ferred’’; and

13 (B) striking ‘‘; and’’ and inserting a semi14 colon; and

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

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

17 claim for the outstanding indebtedness secured by the

18 mortgaged vessel, or both, by exercising any other

19 remedy (including an extrajudicial remedy) against a

20 documented vessel, a vessel for which an application

21 for documentation is filed under chapter 121 of this

22 title, a foreign vessel, or a mortgagor, maker,

23 comaker, or guarantor for the amount of the outstand24 ing indebtedness or any deficiency in full payment of

25 that indebtedness, if—
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1 ‘‘(A) the remedy is allowed under applicable

2 law; and

3 ‘‘(B) the exercise of the remedy will not re4 sult in a violation of section 9 or 37 of the Ship5 ping Act, 1916 (46 App. U.S.C. 808, 835).’’.

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

7 Code, is further amended by adding at the end the following:

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

9 for which an application for documentation is filed under

10 chapter 121 is transferred by an extrajudicial remedy, the

11 person exercising the remedy shall give notice of the pro12 posed transfer to the Secretary, to the mortgagee of any

13 mortgage on the vessel filed in substantial compliance with

14 section 31321 of this title before notice of the proposed

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

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

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

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

19 ‘‘(2) Failure to give notice as required by this sub20 section shall not affect the transfer of title to a vessel. How21 ever, the rights of any holder of a maritime lien or a pre22 ferred mortgage on the vessel shall not be affected by a

23 transfer of title by an extrajudicial remedy exercised under

24 this section, regardless of whether notice is required by this

25 subsection or given.
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1 ‘‘(3) The Secretary shall prescribe regulations estab2 lishing the time and manner for providing notice under this

3 subsection.’’.

4 (c) RULE OF CONSTRUCTION.—The amendments made

5 by subsections (a) and (b) may not be construed to imply

6 that remedies other than judicial remedies were not avail7 able before the date of enactment of this section to enforce

8 claims for outstanding indebtedness secured by mortgaged

9 vessels.

10 SEC. 413. IMPLEMENTATION OF WATER POLLUTION LAWS

11 WITH RESPECT TO VEGETABLE OIL.

12 (a) DIFFERENTIATION AMONG FATS, OILS, AND

13 GREASES.—

14 (1) IN GENERAL.—In issuing or enforcing a reg15 ulation, an interpretation, or a guideline relating to

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

17 water pollution control, the head of a Federal agency

18 shall—

19 (A) differentiate between and establish sepa20 rate classes for—

21 (i)(I) animal fats; and

22 (II) vegetable oils; and

23 (ii) other oils, including petroleum oil;

24 and
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1 (B) apply different standards to different

2 classes of fat and oil as provided in paragraph

3 (2).

4 (2) CONSIDERATIONS.—In differentiating be5 tween the classes of animal fats and vegetable oils re6 ferred to in paragraph (1)(A)(i) and the classes of oils

7 described in paragraph (1)(A)(ii), the head of a Fed8 eral agency shall consider differences in physical,

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

10 environmental effects, of the classes.

11 (b) FINANCIAL RESPONSIBILITY.—

12 (1) LIMITS ON LIABILITY.—Section 1004(a)(1) of

13 the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1))

14 is amended by striking ‘‘for a tank vessel,’’ and in15 serting ‘‘for a tank vessel carrying oil in bulk as

16 cargo (unless the only oil carried is an animal fat or

17 vegetable oil, as those terms are defined in section

18 413(c) of the Coast Guard Authorization Act For Fis19 cal Year 1996),’’.

20 (2) FINANCIAL RESPONSIBILITY.—The first sen21 tence of section 1016(a) of the Act (33 U.S.C.

22 2716(a)) is amended by striking ‘‘in the case of a

23 tank vessel,’’ and inserting ‘‘in the case of a tank ves24 sel carrying oil in bulk as cargo (unless the only oil

25 carried is an animal fat or vegetable oil, as those
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1 terms are defined in section 413(c) of the Coast

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

3 (c) DEFINITIONS.—In this section, the following defi4 nitions apply:

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

6 each type of animal fat, oil, or grease, including fat,

7 oil, or grease from fish or a marine mammal and any

8 fat, oil, or grease referred to in section 61(a)(2) of

9 title 13, United States Code.

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

11 means each type of vegetable oil, including vegetable

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

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

14 States Code.

15 SEC. 414. CERTAIN INFORMATION FROM MARINE CASUALTY

16 INVESTIGATIONS BARRED IN LEGAL PRO17 CEEDINGS.

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

19 amended by inserting after section 6307 the following new

20 section:

21 ‘‘§ 6308. Information barred in legal proceedings

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

23 opinion, recommendation, deliberation, or conclusion con24 tained in a report of a marine casualty investigation con25 ducted under section 6301 of this title with respect to the
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1 cause of, or factors contributing to, the casualty set forth

2 in the report of the investigation is not admissible as evi3 dence or subject to discovery in any civil, administrative,

4 or State criminal proceeding arising from a marine cas5 ualty, other than with the permission and consent of the

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

7 Any employee of the United States or military member of

8 the Coast Guard investigating a marine casualty or assist9 ing in any such investigation conducted pursuant to section

10 6301 of this title, shall not be subject to deposition or other

11 discovery, or otherwise testify or give information in such

12 proceedings relevant to a marine casualty investigation,

13 without the permission and consent of the Secretary of

14 Transportation in his or her sole discretion. In exercising

15 this discretion in cases where the United States is a party,

16 the Secretary shall not withhold permission for an employee

17 to testify solely on factual matters where the information

18 is not available elsewhere or is not obtainable by other

19 means. Nothing in this section prohibits the United States

20 from calling an employee as an expert witness to testify

21 on its behalf.

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

23 this section shall not be considered an admission of liability

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

25 conclusions or statements.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 63 of title 46, United States Code,

3 is amended by adding after the item related to section 6307

4 the following:

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

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

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

7 of this Act, the Secretary of Transportation shall submit

8 a report to the Committee on Transportation and Infra9 structure of the House of Representatives, and the Commit10 tee on Commerce, Science and Transportation of the Senate,

11 prepared in consultation with users of the LORAN–C

12 radionavigation system, defining the future use of and

13 funding for operations, maintenance, and upgrades of the

14 LORAN–C radionavigation system. The report shall ad15 dress the following:

16 (1) An appropriate timetable for transition from

17 ground-based radionavigation technology after it is

18 determined that satellite-based technology is available

19 as a sole means of safe and efficient navigation.

20 (2) The need to ensure that LORAN–C tech21 nology purchased by the public before the year 2000

22 has a useful economic life.

23 (3) The benefits of fully utilizing the compatibil24 ities of LORAN–C technology and satellite-based tech25 nology by all modes of transportation.
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1 (4) The need for all agencies in the Department

2 of Transportation and other relevant Federal agencies

3 to share the Federal Government’s costs related to

4 LORAN–C technology.

5 SEC. 416. LIMITED DOUBLE HULL EXEMPTIONS.

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

7 amended by—

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

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

10 (3) and inserting a semicolon; and

11 (3) adding at the end the following new para12 graphs:

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

14 August 12, 1992; or

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

16 primarily used to carry deck cargo and bulk fuel to

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

18 of the Alaska Native Claims Settlement Act (43

19 U.S.C. 1601)) located on or adjacent to bays or rivers

20 above 58 degrees north latitude.’’.

21 SEC. 417. OIL SPILL RESPONSE VESSELS.

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

23 States Code, is amended—

24 (1) by redesignating paragraph (20a) as para25 graph (20b); and
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1 (2) by inserting after paragraph (20) the follow2 ing new paragraph:

3 ‘‘(20a) ‘oil spill response vessel’ means a vessel

4 that is designated in its certificate of inspection as

5 such a vessel, or that is adapted to respond to a dis6 charge of oil or a hazardous material.’’.

7 (b) EXEMPTION FROM LIQUID BULK CARRIAGE RE8 QUIREMENTS.—Section 3702 of title 46, United States

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

10 subsection:

11 ‘‘(f) This chapter does not apply to an oil spill re12 sponse vessel if—

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

14 activities; or

15 ‘‘(2) the vessel is—

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

17 ‘‘(B) designated in its certificate of inspec18 tion as an oil spill response vessel; and

19 ‘‘(C) engaged in response-related activi20 ties.’’.

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

22 States Code, is amended to read as follows:

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

24 requirements for an oil spill response vessel.’’.
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1 (d) MINIMUM NUMBER OF LICENSED INDIVIDUALS.—

2 Section 8301(e) of title 46, United States Code, is amended

3 to read as follows:

4 ‘‘(e) The Secretary may prescribe the minimum num5 ber of licensed individuals for an oil spill response vessel.’’.

6 (e) MERCHANT MARINER DOCUMENT REQUIRE7 MENTS.—Section 8701(a) of title 46, United States Code,

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

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

10 paragraph (8) and inserting ‘‘; and’’, and by adding at

11 the end the following new paragraph:

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

13 required to hold a merchant mariner’s document serv14 ing onboard an oil spill response vessel.’’.

15 (f) EXEMPTION FROM TOWING VESSEL REQUIRE16 MENT.—Section 8905 of title 46, United States Code, is

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

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

19 oil spill response vessel while engaged in oil spill response

20 or training activities.’’.

21 (g) INSPECTION REQUIREMENT.—Section 3301 of title

22 46, United States Code, is amended by adding at the end

23 the following new paragraph:

24 ‘‘(14) oil spill response vessels.’’.
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1 SEC. 418. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY

2 REQUIREMENTS.

3 (a) DEFINITION OF RESPONSIBLE PARTY.—Section

4 1001(32)(C) of the Oil Pollution Act of 1990 (33 U.S.C.

5 2701(32)(C)) is amended by striking ‘‘applicable State law

6 or’’ and inserting ‘‘applicable State law relating to explor7 ing for, producing, or transporting oil on submerged lands

8 on the Outer Continental Shelf in accordance with a license

9 or permit issued for such purpose, or under’’.

10 (b) AMOUNT OF FINANCIAL RESPONSIBILITY.—Section

11 1016(c)(1) of the Oil Pollution Act of 1990 (33 U.S.C.

12 2716(c)(1)) is amended to read as follows:

13 ‘‘(1) IN GENERAL.—

14 ‘‘(A) EVIDENCE OF FINANCIAL RESPON15 SIBILITY REQUIRED.—Except as provided in

16 paragraph (2), each responsible party with re17 spect to an offshore facility described in section

18 1001(32)(C) located seaward of the line of mean

19 high tide that is—

20 ‘‘(i) used for drilling for, producing, or

21 processing oil; and

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

23 store, transfer, or otherwise handle more

24 than 1,000 barrels of oil at any one time,
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1 shall establish and maintain evidence of finan2 cial responsibility in the amount required under

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

4 ‘‘(B) AMOUNT REQUIRED GENERALLY.—Ex5 cept as provided in subparagraph (C), for pur6 poses of subparagraph (A) the amount of finan7 cial responsibility required is $35,000,000.

8 ‘‘(C) GREATER AMOUNT.—If the President

9 determines that an amount of financial respon10 sibility greater than the amount required by sub11 paragraph (B) is necessary for an offshore facil12 ity, based on an assessment of the risk posed by

13 the facility that includes consideration of the rel14 ative operational, environmental, human health,

15 and other risks posed by the quantity or quality

16 of oil that is transported, stored, transferred, or

17 otherwise handled by the facility, the amount of

18 financial responsibility required shall not exceed

19 $150,000,000 determined by the President on the

20 basis of clear and convincing evidence that the

21 risks posed justify the greater amount.

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

23 which a person is responsible for more than one

24 facility subject to this subsection, evidence of fi25 nancial responsibility need be established only to
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1 meet the amount applicable to the facility having

2 the greatest financial responsibility requirement

3 under this subsection.

4 ‘‘(E) GUARANTEE METHOD.—Except with

5 respect of financial responsibility established by

6 the guarantee method, subsection (f) shall not

7 apply with respect to this subsection.’’.

8 SEC. 419. MANNING AND WATCH REQUIREMENTS ON TOW9 ING VESSELS ON THE GREAT LAKES.

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

11 amended—

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

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

14 permitted to work more than 15 hours in any 24-hour

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

16 period’’.

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

18 amended by striking ‘‘subsections (c) and (d)’’ and insert19 ing ‘‘subsection (d)’’.

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

21 amended by striking ‘‘(except a vessel to which subsection

22 (c) of this section applies)’’.
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1 SEC. 420. LIMITATION ON APPLICATION OF CERTAIN LAWS

2 TO LAKE TEXOMA.

3 (a) LIMITATION.—The laws administered by the Coast

4 Guard relating to documentation or inspection of vessels or

5 licensing or documentation of vessel operators do not apply

6 to any small passenger vessel operating on Lake Texoma.

7 (b) DEFINITIONS.—In this section:

8 (1) The term ‘‘Lake Texoma’’ means the im9 poundment by that name on the Red River, located

10 on the border between Oklahoma and Texas.

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

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

13 United States Code.

14 TITLE V—COAST GUARD

15 REGULATORY REFORM

16 SEC. 501. SHORT TITLE.

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

18 Reform Act of 1995’’.

19 SEC. 502. SAFETY MANAGEMENT.

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

21 States Code, is amended by adding after chapter 31 the fol22 lowing new chapter:

23 ‘‘CHAPTER 32—MANAGEMENT OF VESSELS

‘‘Sec.

‘‘3201. Definitions.

‘‘3202. Application.

‘‘3203. Safety management system.

‘‘3204. Implementation of safety management system.
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‘‘3205. Certification.

1 ‘‘§ 3201. Definitions

2 ‘‘In this chapter—

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

4 has the same meaning given that term in chapter IX

5 of the Annex to the International Convention for the

6 Safety of Life at Sea, 1974;

7 ‘‘(2) ‘responsible person’ means—

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

9 chapter applies; or

10 ‘‘(B) any other person that has—

11 ‘‘(i) assumed the responsibility for op12 eration of a vessel to which this chapter ap13 plies from the owner; and

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

15 the vessel responsibility for complying with

16 all the requirements of this chapter and the

17 regulations prescribed under this chapter;

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

19 a vessel to which this chapter applies—

20 ‘‘(A) arriving at a place under the jurisdic21 tion of the United States from a place in a for22 eign country;

23 ‘‘(B) making a voyage between places out24 side the United States; or
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1 ‘‘(C) departing from a place under the ju2 risdiction of the United States for a place in a

3 foreign country.

4 ‘‘§ 3202. Application

5 ‘‘(a) MANDATORY APPLICATION.—This chapter applies

6 to the following vessels engaged on a foreign voyage:

7 ‘‘(1) Beginning July 1, 1998—

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

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

10 this title; and

11 ‘‘(B) a tanker, bulk freight vessel, or high12 speed freight vessel, of at least 500 gross tons.

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

14 a mobile offshore drilling unit of at least 500 gross

15 tons.

16 ‘‘(b) VOLUNTARY APPLICATION.—This chapter applies

17 to a vessel not described in subsection (a) of this section

18 if the owner of the vessel requests the Secretary to apply

19 this chapter to the vessel.

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

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

22 ‘‘(1) a barge;

23 ‘‘(2) a recreational vessel not engaged in com24 mercial service;

25 ‘‘(3) a fishing vessel;
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1 ‘‘(4) a vessel operating on the Great Lakes or its

2 tributary and connecting waters; or

3 ‘‘(5) a public vessel.

4 ‘‘§ 3203. Safety management system

5 ‘‘(a) IN GENERAL.—The Secretary shall prescribe reg6 ulations which establish a safety management system for

7 responsible persons and vessels to which this chapter ap8 plies, including—

9 ‘‘(1) a safety and environmental protection pol10 icy;

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

12 operation of those vessels and protection of the envi13 ronment in compliance with international and Unit14 ed States law;

15 ‘‘(3) defined levels of authority and lines of com16 munications between, and among, personnel on shore

17 and on the vessel;

18 ‘‘(4) procedures for reporting accidents and

19 nonconformities with this chapter;

20 ‘‘(5) procedures for preparing for and responding

21 to emergency situations; and

22 ‘‘(6) procedures for internal audits and manage23 ment reviews of the system.

24 ‘‘(b) COMPLIANCE WITH CODE.—Regulations pre25 scribed under this section shall be consistent with the Inter-
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1 national Safety Management Code with respect to vessels

2 engaged on a foreign voyage.

3 ‘‘§ 3204. Implementation of safety management system

4 ‘‘(a) SAFETY MANAGEMENT PLAN.—Each responsible

5 person shall establish and submit to the Secretary for ap6 proval a safety management plan describing how that per7 son and vessels of the person to which this chapter applies

8 will comply with the regulations prescribed under section

9 3203(a) of this title.

10 ‘‘(b) APPROVAL.—Upon receipt of a safety manage11 ment plan submitted under subsection (a), the Secretary

12 shall review the plan and approve it if the Secretary deter13 mines that it is consistent with and will assist in imple14 menting the safety management system established under

15 section 3203.

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

17 to which this chapter applies under section 3202(a) may

18 not be operated without having on board a Safety Manage19 ment Certificate and a copy of a Document of Compliance

20 issued for the vessel under section 3205 of this title.

21 ‘‘§ 3205. Certification

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

23 After verifying that the responsible person for a vessel to

24 which this chapter applies and the vessel comply with the

25 applicable requirements under this chapter, the Secretary
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1 shall issue for the vessel, on request of the responsible person,

2 a Safety Management Certificate and a Document of Com3 pliance.

4 ‘‘(b) MAINTENANCE OF CERTIFICATE AND DOCU5 MENT.—A Safety Management Certificate and a Document

6 of Compliance issued for a vessel under this section shall

7 be maintained by the responsible person for the vessel as

8 required by the Secretary.

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

10 shall—

11 ‘‘(1) periodically review whether a responsible

12 person having a safety management plan approved

13 under section 3204(b) and each vessel to which the

14 plan applies is complying with the plan; and

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

16 and each Safety Management Certificate and Docu17 ment of Compliance issued to the person for a vessel

18 to which the plan applies, if the Secretary determines

19 that the person or a vessel to which the plan applies

20 has not complied with the plan.

21 ‘‘(d) ENFORCEMENT.—At the request of the Secretary,

22 the Secretary of the Treasury shall withhold or revoke the

23 clearance required by section 4197 of the Revised Statutes

24 (46 App. U.S.C. 91) of a vessel that is subject to this chapter

25 under section 3202(a) of this title or to the International
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1 Safety Management Code, if the vessel does not have on

2 board a Safety Management Certificate and a copy of a

3 Document of Compliance for the vessel. Clearance may be

4 granted on filing a bond or other surety satisfactory to the

5 Secretary.’’.

6 (b) CLERICAL AMENDMENT.—The table of chapters at

7 the beginning of subtitle II of title 46, United States Code,

8 is amended by inserting after the item relating to chapter

9 31 the following:

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

10 (c) STUDY.—

11 (1) STUDY.—The Secretary of Transportation

12 shall conduct, in cooperation with the owners,

13 charterers, and managing operators of vessels docu14 mented under chapter 121 of title 46, United States

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

16 methods that may be used to implement and enforce

17 the International Management Code for the Safe Op18 eration of Ships and for Pollution Prevention under

19 chapter IX of the Annex to the International Conven20 tion for the Safety of Life at Sea, 1974.

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

22 Congress a report of the results of the study required

23 under paragraph (1) before the earlier of—
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1 (A) the date that final regulations are pre2 scribed under section 3203 of title 46, United

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

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

5 enactment of this Act.

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

7 EXAMINATIONS OF OTHER PERSONS.

8 (a) REPORTS, DOCUMENTS, AND RECORDS.—Chapter

9 31 of title 46, United States Code, is amended by adding

10 the following new section:

11 ‘‘§ 3103. Use of reports, documents, and records

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

13 with this subtitle, on—

14 ‘‘(1) reports, documents, and records of other

15 persons who have been determined by the Secretary to

16 be reliable; and

17 ‘‘(2) other methods the Secretary has determined

18 to be reliable.’’.

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

20 chapter 31 of title 46, United States Code, is amended by

21 adding at the end the following:

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

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

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

24 after ‘‘examine’’.
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1 SEC. 504. EQUIPMENT APPROVAL.

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

3 States Code, is amended to read as follows:

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

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

6 prior approval of the Secretary.

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

8 Secretary may treat an approval of equipment or materials

9 by a foreign government as approval by the Secretary for

10 purposes of paragraph (1) if the Secretary determines

11 that—

12 ‘‘(A) the design standards and testing procedures

13 used by that government meet the requirements of the

14 International Convention for the Safety of Life at

15 Sea, 1974;

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

17 by the foreign government will secure the safety of in18 dividuals and property on board vessels subject to in19 spection; and

20 ‘‘(C) for lifesaving equipment, the foreign govern21 ment—

22 ‘‘(i) has given equivalent treatment to ap23 provals of lifesaving equipment by the Secretary;

24 and

25 ‘‘(ii) otherwise ensures that lifesaving

26 equipment approved by the Secretary may be
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1 used on vessels that are documented and subject

2 to inspection under the laws of that country.’’.

3 (b) FOREIGN APPROVALS.—The Secretary of Trans4 portation, in consultation with other interested Federal

5 agencies, shall work with foreign governments to have those

6 governments approve the use of the same equipment and

7 materials on vessels documented under the laws of those

8 countries that the Secretary requires on United States docu9 mented vessels.

10 (c) TECHNICAL AMENDMENT.—Section 3306(a)(4) of

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

12 ‘‘clauses (1)–(3)’’ and inserting ‘‘paragraphs (1), (2), and

13 (3)’’.

14 SEC. 505. FREQUENCY OF INSPECTION.

15 (a) FREQUENCY OF INSPECTION, GENERALLY.—Sec16 tion 3307 of title 46, United States Code, is amended—

17 (1) in paragraph (1)—

18 (A) by striking ‘‘nautical school vessel’’ and

19 inserting ‘‘, nautical school vessel, and small

20 passenger vessel allowed to carry more than 12

21 passengers on a foreign voyage’’; and

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

23 the end;

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

25 paragraph (3) as paragraph (2); and
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1 (3) in paragraph (2) (as so redesignated), by

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

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

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

5 months’’ and inserting ‘‘5 years’’.

6 SEC. 506. CERTIFICATE OF INSPECTION.

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

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

9 SEC. 507. DELEGATION OF AUTHORITY OF SECRETARY TO

10 CLASSIFICATION SOCIETIES.

11 (a) AUTHORITY TO DELEGATE.—Section 3316 of title

12 46, United States Code, is amended—

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

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

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

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

17 (A) redesignating paragraph (2) as para18 graph (3); and

19 (B) striking so much of the subsection as

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

21 inserting the following:

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

23 Bureau of Shipping or another classification society recog24 nized by the Secretary as meeting acceptable standards for
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1 such a society, for a vessel documented or to be documented

2 under chapter 121 of this title, the authority to—

3 ‘‘(A) review and approve plans required for issu4 ing a certificate of inspection required by this part;

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

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

7 this part and other related documents.

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

9 paragraph (1) to a foreign classification society only—

10 ‘‘(A) to the extent that the government of the for11 eign country in which the society is headquartered

12 delegates authority and provides access to the Amer13 ican Bureau of Shipping to inspect, certify, and pro14 vide related services to vessels documented in that

15 country; and

16 ‘‘(B) if the foreign classification society has of17 fices and maintains records in the United States.’’.

18 (b) CONFORMING AMENDMENTS.—

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

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

21 ‘‘§ 3316. Classification societies’’.

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

23 46, United States Code, is amended by striking the

24 item relating to section 3316 and inserting the follow25 ing:

‘‘3316. Classification societies.’’.
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1 TITLE VI—DOCUMENTATION OF

2 VESSELS

3 SEC. 601. AUTHORITY TO ISSUE COASTWISE ENDORSE4 MENTS.

5 Section 12106 of title 46, United States Code, is fur6 ther amended by adding at the end the following new sub7 section:

8 ‘‘(g) A coastwise endorsement may be issued for a ves9 sel that—

10 ‘‘(1) is less than 200 gross tons;

11 ‘‘(2) is eligible for documentation;

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

13 ‘‘(4) was—

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

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

16 SEC. 602. VESSEL DOCUMENTATION FOR CHARITY CRUISES.

17 (a) AUTHORITY TO DOCUMENT VESSELS.—

18 (1) IN GENERAL.—Notwithstanding section 27 of

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

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

21 section 12106 of title 46, United States Code, and

22 subject to paragraph (2), the Secretary of Transpor23 tation may issue a certificate of documentation with

24 a coastwise endorsement for each of the following

25 vessels:
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1 (A) GALLANT LADY (Feadship hull num2 ber 645, approximately 130 feet in length).

3 (B) GALLANT LADY (Feadship hull num4 ber 651, approximately 172 feet in length).

5 (2) LIMITATION ON OPERATION.—Coastwise

6 trade authorized under a certificate of documentation

7 issued for a vessel under this section shall be limited

8 to carriage of passengers in association with contribu9 tions to charitable organizations no portion of which

10 is received, directly or indirectly, by the owner of the

11 vessel.

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

13 any certificate of documentation under paragraph (1)

14 unless the owner of the vessel referred to in paragraph

15 (1)(A) (in this section referred to as the ‘‘owner’’),

16 within 90 days after the date of the enactment of this

17 Act, submits to the Secretary a letter expressing the

18 intent of the owner to enter into a contract before Oc19 tober 1, 1996, for construction in the United States

20 of a passenger vessel of at least 130 feet in length.

21 (4) EFFECTIVE DATE OF CERTIFICATES.—A cer22 tificate of documentation issued under paragraph

23 (1)—
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1 (A) for the vessel referred to in paragraph

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

3 of the certificate; and

4 (B) for the vessel referred to in paragraph

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

6 the vessel to the owner.

7 (b) TERMINATION OF EFFECTIVENESS OF CERTIFI8 CATES.—A certificate of documentation issued for a vessel

9 under section (a)(1) shall expire—

10 (1) on the date of the sale of the vessel by the

11 owner;

12 (2) on October 1, 1996, if the owner has not en13 tered into a contract for construction of a vessel in

14 accordance with the letter of intent submitted to the

15 Secretary under subsection (a)(3); and

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

17 breached, rescinded, or terminated (other than for

18 completion of performance of the contract) by the

19 owner.

20 SEC. 603. EXTENSION OF DEADLINE FOR CONVERSION OF

21 VESSEL M/V TWIN DRILL.

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

23 2445) is amended—

24 (1) in paragraph (3), by striking ‘‘1995’’ and in25 serting ‘‘1996’’; and
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1 (2) in paragraph (4), by striking ‘‘12’’ and in2 serting ‘‘24’’.

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

4 Notwithstanding section 27 of the Merchant Marine

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

6 (46 App. U.S.C. 289), and sections 12106, 12107, and

7 12108 of title 46, United States Code, the Secretary of

8 Transportation may issue a certificate of documentation

9 with appropriate endorsements for employment in the

10 coastwise trade, Great Lakes trade, and the fisheries for the

11 vessel RAINBOW’S END (official number 1026899; hull

12 identification number MY13708C787).

13 SEC. 605. DOCUMENTATION OF VESSEL GLEAM.

14 Notwithstanding section 27 of the Merchant Marine

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

16 (46 App. U.S.C. 289), and section 12106 of title 46, United

17 States Code, the Secretary of Transportation may issue a

18 certificate of documentation with appropriate endorsement

19 for employment in the coastwise trade for the vessel

20 GLEAM (United States official number 921594).

21 SEC. 606. DOCUMENTATION OF VARIOUS VESSELS.

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

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

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

25 28, 1906 (46 App. U.S.C. 292), and sections 12106, 12107,
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1 and 12108 of title 46, United States Code, the Secretary

2 of the department in which the Coast Guard is operating

3 may issue a certificate of documentation with appropriate

4 endorsements for each of the vessels listed in subsection (b).

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

6 subsection (a) are the following:

7 (1) ANNAPOLIS (United States official number

8 999008).

9 (2) CHESAPEAKE (United States official num10 ber 999010).

11 (3) CONSORT (United States official number

12 999005).

13 (4) CURTIS BAY (United States official num14 ber 999007).

15 (5) HAMPTON ROADS (United States official

16 number 999009).

17 (6) JAMESTOWN (United States official num18 ber 999006).

19 SEC. 607. DOCUMENTATION OF 4 BARGES.

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

21 Merchant Marine Act, 1920 (46 App. U.S.C. 883), section

22 1 of the Act of May 28, 1906 (46 App. U.S.C. 292), and

23 section 12106 of title 46, United States Code, the Secretary

24 of Transportation may issue a certificate of documentation
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1 with appropriate endorsements for each of the vessels listed

2 in subsection (b).

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

4 subsection (a) are 4 barges owned by McLean Contracting

5 Company (a corporation organized under the laws of the

6 State of Maryland) and numbered by that company as fol7 lows:

8 (1) Barge 76 (official number 1030612).

9 (2) Barge 77 (official number 1030613).

10 (3) Barge 78 (official number 1030614).

11 (4) Barge 100 (official number 1030615).

12 TITLE VII—TECHNICAL AND

13 CONFORMING AMENDMENTS

14 SEC. 701. AMENDMENT OF INLAND NAVIGATION RULES.

15 Section 2 of the Inland Navigational Rules Act of 1980

16 is amended—

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

18 2009(e)(i)) to read as follows:

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

20 the power-driven vessel intending to overtake another

21 power-driven vessel shall indicate her intention by sounding

22 the appropriate signal prescribed in Rule 34(c) and take

23 steps to permit safe passing. The power-driven vessel being

24 overtaken, if in agreement, shall sound the same signal and

25 may, if specifically agreed to take steps to permit safe pass-
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1 ing. If in doubt she shall sound the danger signal prescribed

2 in Rule 34(d).’’;

3 (2) in Rule 15(b) (33 U.S.C. 2015(b)) by insert4 ing ‘‘power-driven’’ after ‘‘Secretary, a’’;

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

6 ‘‘masthead light forward’’; by striking ‘‘except that a

7 vessel of less than 20 meters in length need not exhibit

8 this light forward of amidships but shall exhibit it as

9 far forward as is practicable;’’;

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

11 to read as follows:

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

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

14 except as provided in paragraph (iii)—

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

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

17 sidelights and a special flashing light;

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

19 a sternlight and at the forward end, sidelights and a

20 special flashing light; and

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

22 sides of the towing vessels a stern light shall be exhib23 ited on the stern of the outboard vessel on each side

24 of the towing vessel, and a single set of sidelights as
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1 far forward and as far outboard as is practicable,

2 and a single special flashing light.’’;

3 (5) in Rule 26 (33 U.S.C 2026)—

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

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

6 length may instead of this shape exhibit a bas7 ket;’’; and

8 (B) by amending subsection (d) to read as

9 follows:

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

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

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

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

14 read as follows:

15 ‘‘(h) A vessel that reaches agreement with another ves16 sel in a head-on, crossing, or overtaking situation, as for

17 example, by using the radiotelephone as prescribed by the

18 Vessel Bridge-to-Bridge Radiotelephone Act (85 Stat. 164;

19 33 U.S.C. 1201 et seq.), is not obliged to sound the whistle

20 signals prescribed by this rule, but may do so. If agreement

21 is not reached, then whistle signals shall be exchanged in

22 a timely manner and shall prevail.’’.

23 SEC. 702. MEASUREMENT OF VESSELS.

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

25 amended by redesignating the existing text after the section
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1 heading as subsection (a) and by adding at the end the fol2 lowing new subsection:

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

4 prescribed under this section, the Secretary may prescribe

5 it by regulation. The alternate tonnage shall, to the maxi6 mum extent possible, be equivalent to the statutorily estab7 lished tonnage. Until an alternate tonnage is prescribed, the

8 statutorily established tonnage shall apply to vessels meas9 ured under chapter 143 or chapter 145 of this title.’’.

10 SEC. 703. LONGSHORE AND HARBOR WORKERS COMPENSA11 TION.

12 Section 3(d)(3)(B) of the Longshore and Harbor Work13 ers’ Compensation Act (33 U.S.C. 903(d)(3)(B)) is amended

14 by inserting after ‘‘1,600 tons gross’’ the following: ‘‘as

15 measured under section 14502 of title 46, United States

16 Code, or an alternate tonnage measured under section

17 14302 of that title as prescribed by the Secretary under sec18 tion 14104 of that title’’.

19 SEC. 704. RADIOTELEPHONE REQUIREMENTS.

20 Section 4(a)(2) of the Vessel Bridge-to-Bridge Radio21 telephone Act (33 U.S.C. 1203(a)(2)) is amended by insert22 ing after ‘‘one hundred gross tons’’ the following ‘‘as meas23 ured under section 14502 of title 46, United States Code,

24 or an alternate tonnage measured under section 14302 of
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1 that title as prescribed by the Secretary under section 14104

2 of that title,’’.

3 SEC. 705. VESSEL OPERATING REQUIREMENTS.

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

5 (33 U.S.C. 1223(a)(3)) is amended by inserting after ‘‘300

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

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

8 measured under section 14302 of that title as prescribed by

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

10 SEC. 706. MERCHANT MARINE ACT, 1920.

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

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

13 hundred gross tons’’ the following: ‘‘as measured under sec14 tion 14502 of title 46, United States Code, or an alternate

15 tonnage measured under section 14302 of that title as pre16 scribed by the Secretary under section 14104 of that title,’’.

17 SEC. 707. MERCHANT MARINE ACT, 1956.

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

19 883a), is amended by inserting after ‘‘five hundred gross

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

21 title 46, United States Code, or an alternate tonnage meas22 ured under section 14302 of that title as prescribed by the

23 Secretary under section 14104 of that title’’.
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1 SEC. 708. MARITIME EDUCATION AND TRAINING.

2 Section 1302(4)(A) of the Merchant Marine Act, 1936

3 (46 U.S.C. App. 1295a(4)(a)) is amended by inserting after

4 ‘‘1,000 gross tons or more’’ the following: ‘‘as measured

5 under section 14502 of title 46, United States Code, or an

6 alternate tonnage measured under section 14302 of that title

7 as prescribed by the Secretary under section 14104 of that

8 title’’.

9 SEC. 709. GENERAL DEFINITIONS.

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

11 amended—

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

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

14 14502 of title 46, United States Code, or an alternate

15 tonnage measured under section 14302 of that title as

16 prescribed by the Secretary under section 14104 of

17 that title’’;

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

19 ‘‘3,500 gross tons’’ the following: ‘‘as measured under

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

21 alternate tonnage measured under section 14302 of

22 that title as prescribed by the Secretary under section

23 14104 of that title’’;

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

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

26 14502 of title 46, United States Code, or an alternate
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1 tonnage measured under section 14302 of that title as

2 prescribed by the Secretary under section 14104 of

3 that title’’;

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

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

6 14502 of title 46, United States Code, or an alternate

7 tonnage measured under section 14302 of that title as

8 prescribed by the Secretary under section 14104 of

9 that title’’;

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

11 ‘‘500 gross tons’’ the following: ‘‘as measured under

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

13 alternate tonnage measured under section 14302 of

14 that title as prescribed by the Secretary under section

15 14104 of that title’’;

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

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

18 14502 of title 46, United States Code, or an alternate

19 tonnage measured under section 14302 of that title as

20 prescribed by the Secretary under section 14104 of

21 that title’’;

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

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

24 14502 of title 46, United States Code, or an alternate

25 tonnage measured under section 14302 of that title as
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1 prescribed by the Secretary under section 14104 of

2 that title’’;

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

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

5 14502 of title 46, United States Code, or an alternate

6 tonnage measured under section 14302 of that title as

7 prescribed by the Secretary under section 14104 of

8 that title’’; and

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

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

11 measured under section 14502 of title 46, United

12 States Code, or an alternate tonnage measured under

13 section 14302 of that title as prescribed by the Sec14 retary under section 14104 of that title’’.

15 SEC. 710. AUTHORITY TO EXEMPT CERTAIN VESSELS.

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

17 amended—

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

19 100 gross tons but less than 300 gross tons’’ the fol20 lowing: ‘‘as measured under section 14502 of title 46,

21 United States Code, or an alternate tonnage measured

22 under section 14302 of that title as prescribed by the

23 Secretary under section 14104 of that title’’; and

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

25 100 gross tons but less than 500 gross tons’’ the fol-
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1 lowing: ‘‘as measured under section 14502 of title 46,

2 United States Code, or an alternate tonnage measured

3 under section 14302 of that title as prescribed by the

4 Secretary under section 14104 of that title’’.

5 SEC. 711. INSPECTION OF VESSELS.

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

7 amended—

8 (1) in subsection (c)(1), by inserting after ‘‘5,000

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

10 14502 of title 46, United States Code, or an alternate

11 tonnage measured under section 14302 of that title as

12 prescribed by the Secretary under section 14104 of

13 that title’’;

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

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

16 14502 of title 46, United States Code, or an alternate

17 tonnage measured under section 14302 of that title as

18 prescribed by the Secretary under section 14104 of

19 that title’’;

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

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

22 14502 of title 46, United States Code, or an alternate

23 tonnage measured under section 14302 of that title as

24 prescribed by the Secretary under section 14104 of

25 that title’’;
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1 (4) in subsection (c)(4)(A), by inserting after

2 ‘‘500 gross tons’’ the following: ‘‘as measured under

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

4 alternate tonnage measured under section 14302 of

5 that title as prescribed by the Secretary under section

6 14104 of that title’’;

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

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

9 14502 of title 46, United States Code, or an alternate

10 tonnage measured under section 14302 of that title as

11 prescribed by the Secretary under section 14104 of

12 that title’’;

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

14 ‘‘300 gross tons’’ the following: ‘‘as measured under

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

16 alternate tonnage measured under section 14302 of

17 that title as prescribed by the Secretary under section

18 14104 of that title’’; and

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

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

21 of title 46, United States Code, or an alternate ton22 nage measured under section 14302 of that title as

23 prescribed by the Secretary under section 14104 of

24 that title’’.
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1 SEC. 712. REGULATIONS.

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

3 amended—

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

5 100 gross tons but less than 300 gross tons’’ the fol6 lowing: ‘‘as measured under section 14502 of title 46,

7 United States Code, or an alternate tonnage measured

8 under section 14302 of that title as prescribed by the

9 Secretary under section 14104 of that title’’; and

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

11 100 gross tons but less than 500 gross tons’’ the fol12 lowing: ‘‘as measured under section 14502 of title 46,

13 United States Code, or an alternate tonnage measured

14 under section 14302 of that title as prescribed by the

15 Secretary under section 14104 of that title’’.

16 SEC. 713. PENALTIES—INSPECTION OF VESSELS.

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

18 amended—

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

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

21 14502 of title 46, United States Code, or an alternate

22 tonnage measured under section 14302 of that title as

23 prescribed by the Secretary under section 14104 of

24 that title’’; and

25 (2) in subsection (j)(1), by inserting after ‘‘1,600

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

2 tonnage measured under section 14302 of that title as

3 prescribed by the Secretary under section 14104 of

4 that title’’.

5 SEC. 714. APPLICATION—TANK VESSELS.

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

7 amended—

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

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

10 14502 of title 46, United States Code, or an alternate

11 tonnage measured under section 14302 of that title as

12 prescribed by the Secretary under section 14104 of

13 that title’’;

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

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

16 14502 of title 46, United States Code, or an alternate

17 tonnage measured under section 14302 of that title as

18 prescribed by the Secretary under section 14104 of

19 that title’’; and

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

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

22 14502 of title 46, United States Code, or an alternate

23 tonnage measured under section 14302 of that title as

24 prescribed by the Secretary under section 14104 of

25 that title’’.
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1 SEC. 715. TANK VESSEL CONSTRUCTION STANDARDS.

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

3 amended—

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

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

6 14502 of title 46, United States Code, or an alternate

7 tonnage measured under section 14302 of that title as

8 prescribed by the Secretary under section 14104 of

9 that title’’;

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

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

12 measured under section 14502 of title 46, United

13 States Code, or an alternate tonnage measured under

14 section 14302 of that title as prescribed by the Sec15 retary under section 14104 of that title’’;

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

17 ‘‘15,000 gross tons’’ the following: ‘‘as measured under

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

19 alternate tonnage measured under section 14302 of

20 that title as prescribed by the Secretary under section

21 14104 of that title’’;

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

23 ‘‘30,000 gross tons’’ the following: ‘‘as measured under

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

25 alternate tonnage measured under section 14302 of
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1 that title as prescribed by the Secretary under section

2 14104 of that title’’; and

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

4 ‘‘30,000 gross tons’’ the following: ‘‘as measured under

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

6 alternate tonnage measured under section 14302 of

7 that title as prescribed by the Secretary under section

8 14104 of that title’’.

9 SEC. 716. TANKER MINIMUM STANDARDS.

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

11 amended—

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

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

14 14502 of title 46, United States Code, or an alternate

15 tonnage measured under section 14302 of that title as

16 prescribed by the Secretary under section 14104 of

17 that title’’; and

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

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

20 14502 of title 46, United States Code, or an alternate

21 tonnage measured under section 14302 of that title as

22 prescribed by the Secretary under section 14104 of

23 that title’’.
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1 SEC. 717. SELF-PROPELLED TANK VESSEL MINIMUM STAND2 ARDS.

3 Section 3708 of title 46, United States Code, is amend4 ed by inserting after ‘‘10,000 gross tons’’ the following: ‘‘as

5 measured under section 14502 of title 46, United States

6 Code, or an alternate tonnage measured under section

7 14302 of that title as prescribed by the Secretary under sec8 tion 14104 of that title’’.

9 SEC. 718. DEFINITION—ABANDONMENT OF BARGES.

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

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

12 ‘‘as measured under section 14502 of title 46, United States

13 Code, or an alternate tonnage measured under section

14 14302 of that title as prescribed by the Secretary under sec15 tion 14104 of that title’’.

16 SEC. 719. APPLICATION—LOAD LINES.

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

18 amended—

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

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

21 14502 of title 46, United States Code, or an alternate

22 tonnage measured under section 14302 of that title as

23 prescribed by the Secretary under section 14104 of

24 that title’’;

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

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

2 tonnage measured under section 14302 of that title as

3 prescribed by the Secretary under section 14104 of

4 that title’’; and

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

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

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

8 tonnage measured under section 14302 of that title as

9 prescribed by the Secretary under section 14104 of

10 that title’’.

11 SEC. 720. LICENSING OF INDIVIDUALS.

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

13 amended by inserting after ‘‘1,600 gross tons’’ the following:

14 ‘‘as measured under section 14502 of title 46, United States

15 Code, or an alternate tonnage measured under section

16 14302 of that title as prescribed by the Secretary under sec17 tion 14104 of that title’’.

18 SEC. 721. ABLE SEAMEN—LIMITED.

19 Section 7308 of title 46, United States Code, is amend20 ed by inserting after ‘‘100 gross tons’’ the following: ‘‘as

21 measured under section 14502 of title 46, United States

22 Code, or an alternate tonnage measured under section

23 14302 of that title as prescribed by the Secretary under sec24 tion 14104 of that title’’.
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1 SEC. 722. ABLE SEAMEN—OFFSHORE SUPPLY VESSELS.

2 Section 7310 of title 46, United States Code, is amend3 ed by inserting after ‘‘500 gross tons’’ the following: ‘‘as

4 measured under section 14502 of title 46, United States

5 Code, or an alternate tonnage measured under section

6 14302 of that title as prescribed by the Secretary under sec7 tion 14104 of that title’’.

8 SEC. 723. SCALE OF EMPLOYMENT—ABLE SEAMEN.

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

10 amended—

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

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

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

14 tonnage measured under section 14302 of that title as

15 prescribed by the Secretary under section 14104 of

16 that title’’;

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

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

19 14502 of title 46, United States Code, or an alternate

20 tonnage measured under section 14302 of that title as

21 prescribed by the Secretary under section 14104 of

22 that title’’;

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

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

25 14502 of title 46, United States Code, or an alternate

26 tonnage measured under section 14302 of that title as
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1 prescribed by the Secretary under section 14104 of

2 that title’’;

3 (4) in subsection (f)(1), by inserting after ‘‘5,000

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

5 14502 of title 46, United States Code, or an alternate

6 tonnage measured under section 14302 of that title as

7 prescribed by the Secretary under section 14104 of

8 that title’’; and

9 (5) in subsection (f)(2), by inserting after ‘‘5,000

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

11 14502 of title 46, United States Code, or an alternate

12 tonnage measured under section 14302 of that title as

13 prescribed by the Secretary under section 14104 of

14 that title’’.

15 SEC. 724. GENERAL REQUIREMENTS—ENGINE DEPART16 MENT.

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

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

19 ‘‘as measured under section 14502 of title 46, United States

20 Code, or an alternate tonnage measured under section

21 14302 of that title as prescribed by the Secretary under sec22 tion 14104 of that title’’.

23 SEC. 725. COMPLEMENT OF INSPECTED VESSELS.

24 Section 8101(h) 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 States

2 Code, or an alternate tonnage measured under section

3 14302 of that title as prescribed by the Secretary under sec4 tion 14104 of that title’’.

5 SEC. 726. WATCHMEN.

6 Section 8102(b) 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 States

9 Code, or an alternate tonnage measured under section

10 14302 of that title as prescribed by the Secretary under sec11 tion 14104 of that title’’.

12 SEC. 727. CITIZENSHIP AND NAVAL RESERVE REQUIRE13 MENTS.

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

15 is amended by inserting after ‘‘1,600 gross tons’’ the follow16 ing: ‘‘as measured under section 14502 of title 46, United

17 States Code, or an alternate tonnage measured under sec18 tion 14302 of that title as prescribed by the Secretary under

19 section 14104 of that title’’.

20 SEC. 728. WATCHES.

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

22 amended—

23 (1) in subsection (b), by inserting after ‘‘100

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

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

2 prescribed by the Secretary under section 14104 of

3 that title’’;

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

5 gross tons’’ and after ‘‘5,000 gross tons’’ the following:

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

7 States Code, or an alternate tonnage measured under

8 section 14302 of that title as prescribed by the Sec9 retary under section 14104 of that title’’;

10 (3) in subsection (l)(1), by inserting after ‘‘1,600

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

12 14502 of title 46, United States Code, or an alternate

13 tonnage measured under section 14302 of that title as

14 prescribed by the Secretary under section 14104 of

15 that title’’;

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

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

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

19 alternate tonnage measured under section 14302 of

20 that title as prescribed by the Secretary under section

21 14104 of that title’’;

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

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

24 14502 of title 46, United States Code, or an alternate

25 tonnage measured under section 14302 of that title as
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1 prescribed by the Secretary under section 14104 of

2 that title’’; and

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

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

5 14502 of title 46, United States Code, or an alternate

6 tonnage measured under section 14302 of that title as

7 prescribed by the Secretary under section 14104 of

8 that title’’.

9 SEC. 729. MINIMUM NUMBER OF LICENSED INDIVIDUALS.

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

11 amended—

12 (1) in subsection (a)(2), by inserting after ‘‘1,000

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

14 14502 of title 46, United States Code, or an alternate

15 tonnage measured under section 14302 of that title as

16 prescribed by the Secretary under section 14104 of

17 that title’’;

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

19 least 200 gross tons but less than 1,000 gross tons’’ the

20 following: ‘‘as measured under section 14502 of title

21 46, United States Code, or an alternate tonnage

22 measured under section 14302 of that title as pre23 scribed by the Secretary under section 14104 of that

24 title’’;
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1 (3) in subsection (a)(4), by inserting after ‘‘at

2 least 100 gross tons but less than 200 gross tons’’ the

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

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

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

10 14502 of title 46, United States Code, or an alternate

11 tonnage measured under section 14302 of that title as

12 prescribed by the Secretary under section 14104 of

13 that title’’; and

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

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

16 14502 of title 46, United States Code, or an alternate

17 tonnage measured under section 14302 of that title as

18 prescribed by the Secretary under section 14104 of

19 that title’’.

20 SEC. 730. OFFICERS’ COMPETENCY CERTIFICATES CONVEN21 TION.

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

23 amended by inserting after ‘‘200 gross tons’’ the following:

24 ‘‘as measured under section 14502 of title 46, United States

25 Code, or an alternate tonnage measured under section
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1 14302 of that title as prescribed by the Secretary under sec2 tion 14104 of that title’’.

3 SEC. 731. MERCHANT MARINERS’ DOCUMENTS REQUIRED.

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

5 amended—

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

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

8 14502 of title 46, United States Code, or an alternate

9 tonnage measured under section 14302 of that title as

10 prescribed by the Secretary under section 14104 of

11 that title’’; and

12 (2) in subsection (a)(6), by inserting after ‘‘1,600

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

14 14502 of title 46, United States Code, or an alternate

15 tonnage measured under section 14302 of that title as

16 prescribed by the Secretary under section 14104 of

17 that title’’.

18 SEC. 732. CERTAIN CREW REQUIREMENTS.

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

20 amended—

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

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

23 14502 of title 46, United States Code, or an alternate

24 tonnage measured under section 14302 of that title as
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1 prescribed by the Secretary under section 14104 of

2 that title’’; and

3 (2) in subsection (a)(6), by inserting after ‘‘1,600

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

5 14502 of title 46, United States Code, or an alternate

6 tonnage measured under section 14302 of that title as

7 prescribed by the Secretary under section 14104 of

8 that title’’.

9 SEC. 733. FREIGHT VESSELS.

10 Section 8901 of title 46, United States Code, is amend11 ed by inserting after ‘‘100 gross tons’’ the following: ‘‘as

12 measured under section 14502 of title 46, United States

13 Code, or an alternate tonnage measured under section

14 14302 of that title as prescribed by the Secretary under sec15 tion 14104 of that title’’.

16 SEC. 734. EXEMPTIONS.

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

18 amended by inserting after ‘‘200 gross tons’’ the following:

19 ‘‘as measured under section 14502 of title 46, United States

20 Code, or an alternate tonnage measured under section

21 14302 of that title as prescribed by the Secretary under sec22 tion 14104 of that title’’.

23 SEC. 735. UNITED STATES REGISTERED PILOT SERVICE.

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

25 amended by inserting after ‘‘4,000 gross tons’’ the following:
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1 ‘‘as measured under section 14502 of title 46, United States

2 Code, or an alternate tonnage measured under section

3 14302 of that title as prescribed by the Secretary under sec4 tion 14104 of that title’’.

5 SEC. 736. DEFINITIONS—MERCHANT SEAMEN PROTECTION.

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

7 is amended by inserting after ‘‘1,600 gross tons’’ the follow8 ing: ‘‘as measured under section 14502 of title 46, United

9 States Code, or an alternate tonnage measured under sec10 tion 14302 of that title as prescribed by the Secretary under

11 section 14104 of that title’’.

12 SEC. 737. APPLICATION—FOREIGN AND INTERCOASTAL

13 VOYAGES.

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

15 is amended by inserting after ‘‘75 gross tons’’ the following:

16 ‘‘as measured under section 14502 of title 46, United States

17 Code, or an alternate tonnage measured under section

18 14302 of that title as prescribed by the Secretary under sec19 tion 14104 of that title’’.

20 SEC. 738. APPLICATION—COASTWISE VOYAGES.

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

22 amended by inserting after ‘‘50 gross tons’’ the following:

23 ‘‘as measured under section 14502 of title 46, United States

24 Code, or an alternate tonnage measured under section
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1 14302 of that title as prescribed by the Secretary under sec2 tion 14104 of that title’’.

3 SEC. 739. FISHING AGREEMENTS.

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

5 is amended by inserting after ‘‘20 gross tons’’ the following:

6 ‘‘as measured under section 14502 of title 46, United States

7 Code, or an alternate tonnage measured under section

8 14302 of that title as prescribed by the Secretary under sec9 tion 14104 of that title’’.

10 SEC. 740. ACCOMMODATIONS FOR SEAMEN.

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

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

13 ‘‘as measured under section 14502 of title 46, United States

14 Code, or an alternate tonnage measured under section

15 14302 of that title as prescribed by the Secretary under sec16 tion 14104 of that title’’.

17 SEC. 741. MEDICINE CHESTS.

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

19 amended by inserting after ‘‘75 gross tons’’ the following:

20 ‘‘as measured under section 14502 of title 46, United States

21 Code, or an alternate tonnage measured under section

22 14302 of that title as prescribed by the Secretary under sec23 tion 14104 of that title’’.
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1 SEC. 742. LOGBOOK AND ENTRY REQUIREMENTS.

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

3 is amended by inserting after ‘‘100 gross tons’’ the follow4 ing: ‘‘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 under

7 section 14104 of that title’’.

8 SEC. 743. COASTWISE ENDORSEMENTS.

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

10 amended by striking ‘‘two hundred gross tons’’ and insert11 ing ‘‘200 gross tons as measured under section 14502 of

12 title 46, United States Code, or an alternate tonnage meas13 ured under section 14302 of that title as prescribed by the

14 Secretary under section 14104 of that title’’.

15 SEC. 744. FISHERY ENDORSEMENTS.

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

17 amended by striking ‘‘two hundred gross tons’’ and insert18 ing ‘‘200 gross tons as measured under section 14502 of

19 title 46, United States Code, or an alternate tonnage meas20 ured under section 14302 of that title as prescribed by the

21 Secretary under section 14104 of that title’’.

22 SEC. 745. CLERICAL AMENDMENT.

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

24 amended—

25 (1) by striking the first section 12123; and
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1 (2) in the table of sections at the beginning of the

2 chapter by striking the first item relating to section

3 12123.

4 SEC. 746. REPEAL OF GREAT LAKES ENDORSEMENTS.

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

6 Code, is repealed.

7 (b) CONFORMING AMENDMENTS.—

8 (1) The analysis at the beginning of chapter 121

9 of title 46, United States Code, is amended by strik10 ing the item relating to section 12107.

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

12 Code, is repealed.

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

14 United States (46 App. U.S.C. 316(a)) is amended by

15 striking ‘‘or 12107’’.

16 (4) Section 2793 of the Revised Statutes of

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

18 amended—

19 (A) by striking ‘‘coastwise, Great Lakes en20 dorsement’’ and all that follows through ‘‘foreign

21 ports,’’ and inserting ‘‘registry endorsement, en22 gaged in foreign trade on the Great Lakes or

23 their tributary or connecting waters in trade

24 with Canada,’’; and
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1 (B) by striking ‘‘, as if from or to foreign

2 ports’’.

3 SEC. 747. CONVENTION TONNAGE FOR LICENSES, CERTIFI4 CATES, AND DOCUMENTS.

5 (a) AUTHORITY TO USE CONVENTION TONNAGE.—

6 Chapter 75 of title 46, United States Code, is amended by

7 adding at the end the following:

8 ‘‘§ 7506. Convention tonnage for licenses, certificates,

9 and documents

10 ‘‘Notwithstanding any provision of section 14302(c) or

11 14305 of this title, the Secretary may—

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

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

14 merchant mariner’s document by using the tonnage as

15 measured under chapter 143 of this title for the vessels

16 on which that service was acquired, and

17 ‘‘(2) issue the license, certificate, or document

18 based on that service.’’.

19 (b) CLERICAL AMENDMENT.—The analysis to chapter

20 75 of title 46, United States Code, is amended by adding

21 a new item as follows:

‘‘7506. Convention tonnage for licenses, certificates, and documents.’’.
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1 TITLE VIII—COAST GUARD

2 AUXILIARY AMENDMENTS

3 SEC. 801. ADMINISTRATION OF THE COAST GUARD AUXIL4 IARY.

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

6 States Code, is amended to read as follows:

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

8 ‘‘(a) The Coast Guard Auxiliary is a nonmilitary or9 ganization administered by the Commandant under the di10 rection of the Secretary. For command, control, and admin11 istrative purposes, the Auxiliary shall include such organi12 zational elements and units as are approved by the Com13 mandant, including but not limited to, a national board

14 and staff (to be known as the ‘Auxiliary headquarters

15 unit’), districts, regions, divisions, flotillas, and other orga16 nizational elements and units. The Auxiliary organization

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

18 and duties as may be granted to them by the Commandant,

19 consistent with this title and other applicable provisions of

20 law. The Commandant may delegate to officers of the Auxil21 iary the authority vested in the Commandant by this sec22 tion, in the manner and to the extent the Commandant con23 siders necessary or appropriate for the functioning, organi24 zation, and internal administration of the Auxiliary.
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1 ‘‘(b) Each organizational element or unit of the Coast

2 Guard Auxiliary organization (but excluding any corpora3 tion formed by an organizational element or unit of the

4 Auxiliary under subsection (c) of this section), shall, except

5 when acting outside the scope of section 822, at all times

6 be deemed to be an instrumentality of the United States,

7 for purposes of—

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

9 the Federal Tort Claims Act);

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

11 the Military Claims Act);

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

13 781–790; popularly known as the Public Vessels Act);

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

15 741–752; popularly known as the Suits in Admiralty

16 Act);

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

18 740; popularly known as the Admiralty Extension

19 Act); and

20 ‘‘(6) other matters related to noncontractual civil

21 liability.

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

23 Auxiliary district or region, may form a corporation under

24 State law in accordance with policies established by the

25 Commandant.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 23 of title 14, United States Code,

3 is amended by striking the item relating to section 821, and

4 inserting the following:

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

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

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

7 States Code, is amended to read as follows:

8 ‘‘§ 822. Purpose of the Coast Guard Auxiliary

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

10 Guard as authorized by the Commandant, in performing

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

12 operation authorized by law.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections at

14 the beginning of chapter 23 of title 14, United States Code,

15 is amended by striking the item relating to section 822 and

16 inserting the following:

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

17 SEC. 803. MEMBERS OF THE AUXILIARY; STATUS.

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

19 States Code, is amended—

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

21 after ‘‘enrollments’’;

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

23 and
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1 (3) by adding at the end the following new sub2 sections:

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

4 a Federal employee except for the following purposes:

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

6 the Federal Tort Claims Act).

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

8 as the Military Claims Act).

9 ‘‘(3) The Act of March 3, 1925 (46 App. U.S.C.

10 781–790; popularly known as the Public Vessel Act).

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

12 741–752; popularly known as the Suits in Admiralty

13 Act).

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

15 740; popularly known as the Admiralty Extension

16 Act).

17 ‘‘(6) Other matters related to noncontractual

18 civil liability.

19 ‘‘(7) Compensation for work injuries under chap20 ter 81 of title 5.

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

22 to or loss of personal property of the member incident

23 to service under section 3721 of title 31 (popularly

24 known as the Military Personnel and Civilian Em25 ployees’ Claims Act of 1964).
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1 ‘‘(c) A member of the Auxiliary, while assigned to

2 duty, shall be deemed to be a person acting under an officer

3 of the United States or an agency thereof for purposes of

4 section 1442(a)(1) of title 28.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections at

6 the beginning of chapter 23 of title 14, United States Code,

7 is amended by striking the item relating to section 823 and

8 inserting the following:

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

9 SEC. 804. ASSIGNMENT AND PERFORMANCE OF DUTIES.

10 (a) TRAVEL AND SUBSISTENCE EXPENSE.—Section

11 830(a) of title 14, United States Code, is amended by strik12 ing ‘‘specific’’.

13 (b) ASSIGNMENT OF GENERAL DUTIES.—Section 831

14 of title 14, United States Code, is amended by striking ‘‘spe15 cific’’ each place it appears.

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

17 of title 14, United States Code, is amended by striking ‘‘spe18 cific’’ each place it appears.

19 SEC. 805. COOPERATION WITH OTHER AGENCIES, STATES,

20 TERRITORIES, AND POLITICAL SUBDIVI21 SIONS.

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

23 States Code, is amended—

24 (1) by striking the section heading and inserting

25 the following:
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1 ‘‘§ 141. Cooperation with other agencies, States, terri2 tories, and political subdivisions’’;

3 (2) in the first sentence of subsection (a), by in4 serting after ‘‘personnel and facilities’’ the following:

5 ‘‘(including members of the Auxiliary and facilities

6 governed under chapter 23)’’; and

7 (3) by adding at the end of subsection (a) the fol8 lowing new sentence: ‘‘The Commandant may pre9 scribe conditions, including reimbursement, under

10 which personnel and facilities may be provided under

11 this subsection.’’.

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

13 the beginning of chapter 7 of title 14, United States Code,

14 is amended by striking the item relating to section 141 and

15 inserting the following:

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

16 SEC. 806. VESSEL DEEMED PUBLIC VESSEL.

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

18 to read as follows:

19 ‘‘§ 827. Vessel deemed public vessel

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

21 motorboat or yacht shall be deemed to be a public vessel

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

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

24 applicable provisions of law.’’.
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1 SEC. 807. AIRCRAFT DEEMED PUBLIC AIRCRAFT.

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

3 to read as follows:

4 ‘‘§ 828. Aircraft deemed public aircraft

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

6 aircraft shall be deemed to be a Coast Guard aircraft, a

7 public vessel of the United States, and a vessel of the Coast

8 Guard within the meaning of sections 646 and 647 of this

9 title and other applicable provisions of law. Subject to the

10 provisions of sections 823a and 831 of this title, while as11 signed to duty, qualified Auxiliary pilots shall be deemed

12 to be Coast Guard pilots.’’.

13 SEC. 808. DISPOSAL OF CERTAIN MATERIAL.

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

15 amended—

16 (1) by inserting after ‘‘with or without charge,’’

17 the following: ‘‘to the Coast Guard Auxiliary, includ18 ing any incorporated unit thereof,’’; and

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

20 Coast Guard Auxiliary,’’.

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