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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4422 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 4422

_______________________________________________________________________

                                 AN ACT

 
 To authorize appropriations for fiscal year 1995 for the Coast Guard, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act of 
1994''.

                        TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for necessary expenses of 
the Coast Guard for fiscal year 1995, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,630,505,000, of which $25,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $439,200,000, to remain available until expended, of 
        which $32,500,000 shall be derived from the Oil Spill Liability 
        Trust Fund to carry out the purposes of section 1012(a)(5) of 
        the Oil Pollution Act of 1990.
            (3) For research, development, test, and evaluation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission in 
        support of search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, oceanographic research, and 
        defense readiness, $20,310,000, to remain available until 
        expended, of which--
                    (A) $3,150,000 shall be derived from the Oil Spill 
                Liability Trust Fund; and
                    (B) $1,500,000 is authorized to conduct, in 
                cooperation with appropriate Federal and State 
                agencies, local maritime education organizations, and 
                local marine industry representatives, a demonstration 
                project on the lower Mississippi River and in the 
                Houston Ship Channel to study the effectiveness of 
                currently available Electronic Chart Display and 
                Information Systems (ECDIS) and Electronic Chart 
                Systems (ECS) for use on commercial vessels.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $562,585,000.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Bridge Alteration Program, $13,000,000, to 
        remain available until expended.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities, $25,000,000, to remain available until 
        expended.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 39,000 as of September 30, 
1995. The authorized strength does not include members of the Ready 
Reserve called to active duty for special or emergency augmentation of 
regular Coast Guard forces for periods of 180 days or less.
    (b) Military Training Student Loads.--For fiscal year 1995, the 
Coast Guard is authorized average military training student loads as 
follows:
            (1) For recruit and special training, 2,000 student years.
            (2) For flight training, 133 student years.
            (3) For professional training in military and civilian 
        institutions, 344 student years.
            (4) For officer acquisition, 955 student years.

SEC. 103. DRUG INTERDICTION ACTIVITIES.

    In addition to amounts otherwise authorized by this Act, there are 
authorized to be appropriated to the Secretary of Transportation for 
operation and maintenance expenses of Coast Guard drug interdiction 
activities $21,000,000 for fiscal year 1995.

               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

SEC. 201. HURRICANE ANDREW RELIEF.

    Section 2856 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484) applies to the military personnel of the 
Coast Guard who were assigned to, or employed at or in connection with, 
any Federal facility or installation in the vicinity of Homestead Air 
Force Base, Florida, including the areas of Broward, Collier, Dade, and 
Monroe Counties, on or before August 24, 1992, except that--
            (1) funds available to the Coast Guard, not to exceed a 
        total of $25,000, shall be used; and
            (2) the Secretary of Transportation shall administer that 
        section with respect to such personnel.

SEC. 202. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION BOARDS.

    Section 289(f) of title 14, United States Code, is amended by 
striking ``Upon approval by the President, the names of the officers 
selected for continuation on active duty by the board shall be promptly 
disseminated to the service at large.''.

SEC. 203. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.

    Section 712 of title 14, United States Code, is amended by adding 
at the end the following:
    ``(d) Reserve members ordered to active duty under this section 
shall not be counted in computing authorized strength of members on 
active duty or members in grade under this title or under any other 
law.''.

SEC. 204. PROVISION OF CHILD DEVELOPMENT SERVICES.

    (a) In General.--Title 14, United States Code, is amended by 
inserting after section 514 the following new section:
``Sec. 515. Child development services
    ``(a) The Commandant may make child development services available 
for members and civilian employees of the Coast Guard, and thereafter 
as space is available for members of the Armed Forces and Federal 
civilian employees. Child development services benefits provided under 
this section shall be in addition to benefits provided under other 
laws.
    ``(b)(1) Except as provided in paragraph (2), the Commandant may 
require that amounts received as fees for the provision of child 
development services under this section at Coast Guard child 
development centers be used only for compensation of Coast Guard child 
development center employees who are directly involved in providing 
child care.
    ``(2) If the Commandant determines that compliance with the 
limitation in paragraph (1) would result in an uneconomical and 
inefficient use of amounts received as such fees, the Commandant may 
(to the extent that such compliance would be uneconomical and 
inefficient) use such amounts--
            ``(A) for the purchase of consumable or disposable items 
        for Coast Guard child development centers; and
            ``(B) if the requirements of such centers for consumable or 
        disposable items for a given fiscal year have been met, for 
        other expenses of those centers.
    ``(c) The Commandant may use Department of Defense or other 
training programs to insure that all child development services 
providers under this section meet minimum standards.
    ``(d) The Commandant may provide assistance to members and civilian 
employees of the Coast Guard for obtaining services of qualified family 
home child development services providers. The cost per child to the 
Coast Guard of obtaining those services may not exceed the average of 
the cost per child incurred by the Coast Guard for child development 
services provided at all Coast Guard child development centers.
    ``(e)(1) Of the amounts available to the Coast Guard each fiscal 
year for operating expenses (and in addition to amounts received as 
fees), the Secretary shall use for child development services under 
this section an amount equal to the total amount the Commandant 
estimates will be received by the Coast Guard in the fiscal year as 
fees for the provision of those services.
    ``(2) The amount of funds used under paragraph (1) each fiscal year 
shall not exceed $1,000,000.
    ``(f) For purposes of this section, the term `Coast Guard child 
development center' does not include a child care services facility for 
which space is allotted under section 616 of the Act of December 22, 
1987 (40 U.S.C. 490b).
    ``(g) The Secretary shall promulgate regulations to implement this 
section. The regulations shall establish fees to be charged for child 
development services provided under this section which are based on 
total family income.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 13 of title 14, United States Code, is amended by inserting 
after the item related to section 514 the following:

``515. Child development services.''.

     TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT

SEC. 301. FOREIGN PASSENGER VESSEL USER FEES.

    Section 3303 of title 46, United States Code, is amended--
            (1) in subsection (a) by striking ``(a) Except as'' and 
        inserting ``Except as''; and
            (2) by striking subsection (b).

SEC. 302. DOCUMENTATION VIOLATIONS.

    (a) Civil Penalties.--Section 12122(a) of title 46, United States 
Code, is amended by striking ``$500'' and inserting ``$25,000''.
    (b) Seizure and Forfeiture.--
            (1) In general.--Section 12122(b) of title 46, United 
        States Code, is amended to read as follows:
    ``(b) A vessel and its equipment are liable to seizure by and 
forfeiture to the United States Government, if--
            ``(1) the owner of the vessel or a representative or agent 
        of the owner knowingly falsifies or conceals a material fact, 
        or makes a false statement or representation about the 
        documentation or in applying for documentation of the vessel;
            ``(2) a certificate of documentation is knowingly and 
        fraudulently used for the vessel;
            ``(3) the vessel is operated after its endorsement has been 
        denied or revoked under section 12123 of this title;
            ``(4) the vessel is employed in a trade without an 
        appropriate trade endorsement; or
            ``(5) in the case of a documented vessel with only a 
        recreational endorsement, the vessel is operated other than for 
        pleasure.''.
            (2) Conforming amendment.--Section 12122(c) of title 46, 
        United States Code, is repealed.
    (c) Limitation on Operation of Vessel With Only Recreational 
Endorsement.--Section 12110(c) of title 46, United States Code, is 
repealed.
    (d) Termination of Restriction on Command of Recreational 
Vessels.--
            (1) Termination of restriction.--Subsection (d) of section 
        12110 of title 46, United States Code, is amended--
                    (A) by inserting ``, other than a vessel with only 
                a recreational endorsement operating within the 
                territorial waters of the United States,'' after ``A 
                documented vessel''; and
                    (B) by redesignating that subsection as subsection 
                (c).
            (2) Conforming amendment.--Section 12111(a)(2) of title 46, 
        United States Code, is amended by inserting before the period 
        the following: ``in violation of section 12110(c) of this 
        title''.

SEC. 303. CLERICAL AMENDMENT.

    Chapter 121 of title 46, United States Code, is amended--
            (1) by striking the first section 12123; and
            (2) in the table of sections at the beginning of the 
        chapter by striking the first item relating to section 12123.

SEC. 304. BATON ROUGE RESCUE AND PATROL VESSEL.

    Beginning not later than 60 days after the date of the enactment of 
this Act, the Commandant of the Coast Guard shall operate a rescue and 
patrol vessel on the Mississippi River in the vicinity of Baton Rouge, 
Louisiana, to support Coast Guard rescue, law enforcement, marine 
safety, marine environmental protection, and port security missions.

SEC. 305. FLORIDA AVENUE BRIDGE.

    For purposes of the alteration of the Florida Avenue Bridge 
(located approximately 1.63 miles east of the Mississippi River on the 
Gulf Intracoastal Waterway in Orleans Parish, Louisiana) ordered by the 
Secretary of Transportation under the Act of June 21, 1940 (33 U.S.C. 
511 et seq.; popularly known as the Truman-Hobbs Act), the Secretary 
shall treat the drainage siphon that is adjacent to the bridge as an 
appurtenance of the bridge, including with respect to apportionment and 
payment of costs for the removal of the drainage siphon in accordance 
with that Act.

SEC. 306. RENEWAL OF HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY 
              COMMITTEE AND LOWER MISSISSIPPI RIVER WATERWAY ADVISORY 
              COMMITTEE.

    The Coast Guard Authorization Act of 1991 (Public Law 102-241, 105 
Stat. 2208-2235) is amended--
            (1) in section 18 by adding at the end the following:
    ``(h) The Committee shall terminate on October 1, 1999.''; and
            (2) in section 19 by adding at the end the following:
    ``(g) The Committee shall terminate on October 1, 1999.''.

SEC. 307. LIMITATION ON CONSOLIDATION OF HOUSTON AND GALVESTON MARINE 
              SAFETY OFFICES.

    The Secretary of Transportation may not consolidate the Coast Guard 
Marine Safety Offices in Galveston, Texas, and Houston, Texas.

SEC. 308. RESPONSE EXERCISE PROGRAM AT MASSACHUSETTS MARITIME ACADEMY.

    The Coast Guard shall designate the Center for Marine Environmental 
Protection and Safety at the Massachusetts Maritime Academy as a 
regional facility for the conduct and evaluation of annual response 
area management team exercises for two response areas in the East Coast 
in accordance with the Preparedness for Response Exercise Program 
established by the Coast Guard.

SEC. 309. PROHIBITION ON DECOMMISSIONING ICEBREAKER MACKINAW.

    (a) Prohibition.--The Secretary of Transportation may not 
decommission the Coast Guard cutter MACKINAW until the later of--
            (1) 1 year after transmitting to the Congress the report 
        required under subsection (d); or
            (2) October 1, 1995.
    (b) Requirement To Maintain Billets.--The Secretary shall during 
fiscal year 1995 maintain on the Coast Guard cutter MACKINAW the same 
number of billets as were maintained on that vessel during fiscal year 
1994.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Transportation $4,500,000 for fiscal 
year 1995, to remain available until expended, for operations and 
maintenance of the Coast Guard cutter MACKINAW.
    (d) Study and Report.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation shall conduct a 
study and submit a report to the Congress containing findings and 
recommendations on the icebreaking needs of the Great Lakes and the 
appropriate size and type of vessel or vessels to meet those needs. In 
conducting the study, the Secretary shall--
            (1) consult with--
                    (A) Great Lakes carriers, shippers, and port 
                authorities, including the Lake Carriers Association;
                    (B) the Great Lakes Commission;
                    (C) the Governors of States bordering the Great 
                Lakes;
                    (D) local governments in States bordering the Great 
                Lakes; and
                    (E) interested private persons;
            (2) determine the average and maximum ice conditions in the 
        Great Lakes over the past 10 years;
            (3) determine the size and type of vessel or vessels 
        necessary to clear shipping channels in the average and maximum 
        ice conditions determined under paragraph (2);
            (4) evaluate whether any Coast Guard vessel stationed on 
        the Great Lakes, other than the MACKINAW, can safely conduct 
        search and rescue missions in 25-foot seas;
            (5) evaluate the feasibility of operating the Coast Guard 
        icebreaker MACKINAW on a seasonal basis;
            (6) evaluate the feasibility of building an ice-
        strengthened Juniper Class buoy tender to replace the 
        icebreaking services performed by the MACKINAW; and
            (7) evaluate the feasibility of entering into a long-term 
        contract for icebreaking services to replace the icebreaking 
        services performed by the MACKINAW.
    (e) Authorization for Recommendations.--If, after transmitting the 
report required in subsection (d), the Secretary determines that--
            (1) in addition to previously authorized Juniper Class buoy 
        tenders, building an ice-strengthened Juniper Class buoy tender 
        is the most feasible means of providing icebreaking service on 
        the Great Lakes, the Secretary may, subject to the availability 
        of appropriations, enter into a contract for the construction 
        of an ice-strengthened Juniper Class buoy tender; or
            (2) entering into a long-term contract for icebreaking 
        services is the most feasible means of providing icebreaking 
        services on the Great Lakes, the Secretary may, subject to the 
        availability of appropriations, enter into such a long-term 
        contract.

SEC. 310. REQUIREMENT TO OPERATE USCGC TACKLE IN CRISFIELD, MARYLAND.

    The Secretary of Transportation shall continue to operate the USCGC 
TACKLE (WYTL 65604) in the vicinity of Crisfield, Maryland, until 
October 1, 1995.

SEC. 311. BUY AMERICAN REQUIREMENT FOR SURFACE SEARCH RADAR SYSTEMS AND 
              MULTIBEAM SONAR.

    Notwithstanding any other law, at least 51 percent of the 
components of surface search radar systems and multibeam sonar systems 
for Coast Guard vessels shall be manufactured in the United States, 
provided the United States manufacturer offers the Coast Guard a 
competitive price.

SEC. 312. CONVEYANCE OF PROPERTY.

    (a) Requirement.--The Secretary of Transportation (or any other 
official having control over the property described in subsection (b)) 
shall expeditiously convey to the Traverse City Area Public School 
District in Traverse City, Michigan, without consideration, all right, 
title, and interest of the United States in and to the property 
described in subsection (b), subject to all easements and other 
interests in the property held by any other person.
    (b) Property Described.--The property referred to in subsection (a) 
is real property located in the city of Traverse City, Grand Traverse 
County, Michigan, and consisting of that part of the southeast \1/4\ of 
Section 12, Township 27 North, Range 11 West, described as: Commencing 
at the southeast \1/4\ corner of said Section 12, thence north 03 
degrees 05 minutes 25 seconds east along the East line of said Section, 
1074.04 feet, thence north 86 degrees 36 minutes 50 seconds west 207.66 
feet, thence north 03 degrees 06 minutes 00 seconds east 572.83 feet to 
the point of beginning, thence north 86 degrees 54 minutes 00 seconds 
west 1,751.04 feet, thence north 03 degrees 02 minutes 38 seconds east 
330.09 feet, thence north 24 degrees 04 minutes 40 seconds east 439.86 
feet, thence south 86 degrees 56 minutes 15 seconds east 116.62 feet, 
thence north 03 degrees 08 minutes 45 seconds east 200.00 feet, thence 
south 87 degrees 08 minutes 20 seconds east 68.52 feet, to the 
southerly right-of-way of the C & O Railroad, thence south 65 degrees 
54 minutes 20 seconds east along said right-of-way 1508.75 feet, thence 
south 03 degrees 06 minutes 00 seconds west 400.61 to the point of 
beginning, consisting of 27.10 acres of land, and all improvements 
located on that property including buildings, structures, and 
equipment.
    (c) Reversionary Interest.--In addition to any term or condition 
established pursuant to subsection (a), any conveyance of property 
described in subsection (b) shall be subject to the condition that all 
right, title, and interest in and to the property so conveyed shall 
immediately revert to the United States if the property, or any part 
thereof, ceases to be used by the Traverse City School District.

                        TITLE IV--MISCELLANEOUS

SEC. 401. SPECIAL RECRUITING AUTHORITY TO ACHIEVE DIVERSITY.

    (a) Findings.--The Congress makes the following findings:
            (1) Women and minorities have historically been 
        underrepresented in the Coast Guard officer corps and at the 
        United States Coast Guard Academy.
            (2) The number of women and minorities occupying leadership 
        positions in the United States Coast Guard should reflect the 
        proportion of women and minorities in the total population.
            (3) Notwithstanding application of traditional recruiting 
        programs, the Coast Guard has not been able to rectify the 
        historic underrepresentation of women and minorities in the 
        service and at the Academy.
            (4) Cultural bias in standardized testing or grading 
        procedures may adversely affect the ability of minorities to 
        compete successfully for admission to the United States Coast 
        Guard Academy.
            (5) The education and professional training provided at the 
        United States Coast Guard Academy will be enhanced by the 
        benefits that flow from a diverse student body.
    (b) New Authority.--Section 93 of title 14, United States Code, is 
amended--
            (1) in paragraph (t)(2) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (u) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(v) for the purposes of rectifying underrepresentation or 
        underutilization of women and minorities in the Coast Guard and 
        meeting identified personnel resource requirements and training 
        needs--
                    ``(1) conduct studies and analyses on Coast Guard 
                personnel resource and training needs; and
                    ``(2) employ special programs for recruiting women 
                and minorities, including, subject to appropriations, 
                provision of financial assistance by grant, cooperative 
                agreement, contract, or otherwise, to public or private 
                associations, organizations, or individuals to 
                implement national or local outreach programs.''.

SEC. 402. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.

    Section 283(b) of title 14, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by striking the last sentence; and
            (3) by adding at the end the following:
    ``(2) Upon the completion of a term under paragraph (1), an officer 
shall, unless selected for further continuation--
            ``(A) except as provided in subparagraph (B), be honorably 
        discharged with severance pay computed under section 286 of 
        this title;
            ``(B) in the case of an officer who has completed at least 
        18 years of active service on the date of discharge under 
        subparagraph (A), be retained on active duty and retired on the 
        last day of the month in which the officer completes 20 years 
        of active service, unless earlier removed under another 
        provision of law; or
            ``(C) if eligible for retirement under any law, be 
        retired.''.

SEC. 403. REPORT RECOMMENDING ACTIONS FOR THE PROTECTION OF THE 
              ENDANGERED NORTHERN RIGHT WHALE.

    Not later than 6 months after the date of the enactment of this 
Act, the Secretary of Transportation, in consultation with the 
Secretary of Commerce, shall submit a report to the Committee on 
Merchant Marine and Fisheries of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate 
recommending actions to prevent mortalities of the northern right whale 
from vessel collisions in the Great South Channel off Cape Cod, 
Massachusetts. The report shall include--
            (1) recommendations for actions that could be undertaken by 
        the Coast Guard and the International Maritime Organization, 
        including--
                    (A) the designation of 1 or more areas to be 
                avoided;
                    (B) the shifting of the traffic separation scheme 
                in the Great South Channel; or
                    (C) other measures the Secretary considers 
                appropriate; and
            (2) if appropriate, a schedule for submitting those 
        recommendations to the International Maritime Organization.

SEC. 404. CONTINUING OBLIGATION TO PROVIDE DOCUMENTATION INFORMATION AT 
              EXISTING LOCATIONS.

    The Secretary of Transportation shall, until October 1, 1999, 
maintain an ability, at Coast Guard offices that are located in the 
immediate vicinity of former regional vessel documentation offices, to 
assist the public with information on obtaining, altering, and renewing 
the documentation of a vessel and on vessel documentation laws and 
regulations generally.

SEC. 405. PROHIBITION ON STATION CLOSURES AND VESSEL AND AIRCRAFT 
              DECOMMISSIONINGS IN FY 1995.

    In fiscal year 1995, the Secretary of Transportation may not close 
or consolidate any shore unit, including any multimission small boat 
station, and may not decommission any vessel or aircraft, based in 
whole or in part on the increased costs resulting from inclusion of the 
Coast Guard in the military pay raise for fiscal year 1995 or the cost-
of-living allowance for members of the uniformed services assigned to 
high cost areas in the continental United States under the National 
Defense Authorization Act for Fiscal Year 1995.

SEC. 406. CONTINUATION OF THE COMMERCIAL FISHING INDUSTRY VESSEL 
              ADVISORY COMMITTEE.

    Subsection (e)(1) of section 4508 of title 46, United States Code, 
is amended by striking ``September 30, 1994'' and inserting ``October 
1, 1999''.

SEC. 407. PROHIBITION ON DIVERSION OF DRUG INTERDICTION FUNDS.

    The Secretary of Transportation may not reduce the level of Coast 
Guard drug interdiction below the level proposed by the President in 
the Fiscal Year 1995 budget.

SEC. 408. PROHIBITION ON STATION CLOSURES.

    (a) Prohibition.--The Secretary of Transportation may not close or 
consolidate any multimission small boat station in fiscal year 1995 
until the Secretary has submitted a list of proposed station closures 
to the Committee on Merchant Marine and Fisheries of the House of 
Representatives and to the Committee on Commerce, Science, and 
Transportation of the Senate.
    (b) Deadline for Submission.--The Secretary shall submit such list 
at least 60 days prior to any such closure or consolidation.

SEC. 409. RENEWAL OF THE NAVIGATION SAFETY ADVISORY COUNCIL.

    Section 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 
2073) is amended in subsection (d) by striking ``September 30, 1995'' 
and inserting ``September 30, 2000''.

SEC. 410. 47-FOOT MOTOR LIFEBOAT ACQUISITION PROGRAM.

    The Secretary of Transportation shall ensure that the Coast Guard 
47-foot Motor Lifeboat acquisition is accomplished in accordance with 
the laws and regulations applicable to small business set asides.

SEC. 411. COAST GUARD RESERVE PEACETIME REQUIREMENTS PLAN.

    No later than February 1, 1995, the Secretary of Transportation 
shall submit to the Committee on Merchant Marine and Fisheries of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a plan to more fully utilize the Coast 
Guard Selected Reserve to augment peacetime operations. As part of the 
plan, the Secretary shall include--
            (1) methods to deliver more cost-effective Coast Guard 
        services by supplementing active duty personnel with Coast 
        Guard reservists while preserving the current level of service 
        to the public;
            (2) methods to more fully integrate the Coast Guard Reserve 
        in peacetime Coast Guard programs, including, but not limited 
        to, search and rescue, marine safety, and marine environmental 
        protection;
            (3) the most effective command structure for the Coast 
        Guard Reserve; and
            (4) a specific estimate of the number of reservists needed 
        to augment peacetime Coast Guard missions under the plan.

SEC. 412. TRANSFER OF COAST GUARD PROPERTY.

    (a) Conveyance Requirement.--The Secretary of Transportation shall 
convey to the Ketchikan Indian Corporation in Ketchikan, Alaska, 
without reimbursement and by no later than 120 days after the date of 
enactment of this Act, all right, title, and interest of the United 
States in and to the property known as the ``Former Marine Safety 
Detachment'' as identified in Report of Excess Number CG-689 (GSA 
Control Number 9-U-AK-0747) and described in subsection (b), for use by 
the Ketchikan Indian Corporation as a Native health clinic.
    (b) Property Described.--The property referred to in subsection (a) 
is real property located in the city of Ketchikan, Township 75 south, 
range 90 east, Copper River Meridian, First Judicial District, State of 
Alaska, and commencing at corner numbered 10, United States Survey 
numbered 1079, the true point of beginning for this description: Thence 
north 24 degrees 04 minutes east, along the 10-11 line of said survey a 
distance of 89.76 feet to corner numbered 1 of lot 5B; thence south 65 
degrees 56 minutes east a distance of 345.18 feet to corner numbered 2 
of lot 5B; thence south 24 degrees 04 minutes west a distance of 101.64 
feet to corner numbered 3 of lot 5B; thence north 64 degrees 01 minute 
west a distance of 346.47 feet to corner numbered 10 of said survey, to 
the true point of beginning, consisting of 0.76 acres (more or less), 
and all improvements located on that property, including buildings, 
structures, and equipment.
    (c) Reversionary Interest.--In addition to any term or condition 
established pursuant to subsection (a), any conveyance of property 
described in subsection (b) shall be subject to the condition that all 
right, title, and interest in and to the property so conveyed shall 
immediately revert to the United States if the property, or any part 
thereof, ceases to be used by the Ketchikan Indian Corporation as a 
Native health clinic.

SEC. 413. REPORT ON COSTS OF VESSEL INSPECTIONS OUTSIDE UNITED STATES.

    (a) Report Requirement.--Not later than January 1, 1995, the 
Secretary of Transportation shall submit to the Committee on Merchant 
Marine and Fisheries of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report 
describing in detail the costs incurred by the United States in fiscal 
year 1994 for the performance by Coast Guard personnel of vessel 
inspections outside the 50 States and the District of Columbia, 
including travel expenses, subsistence pay, compensation, and all other 
costs associated with those inspections.
    (b) Itemization of Costs.--The report required by subsection (a) 
shall include--
            (1) a description and the costs of the various types of 
        activities in which Coast Guard inspectors engaged outside the 
        United States in fiscal year 1994 with respect to repair and 
        construction of vessels in foreign countries;
            (2) the number and costs of inspections of vessels 
        documented in the United States that did not visit ports in the 
        United States in fiscal year 1994 (including the number of such 
        vessels inspected);
            (3) the number and costs of inspections of mobile offshore 
        drilling units (as that term is defined in section 2101 of 
        title 46, United States Code) that are documented in the United 
        States and that did not operate in waters of the United States 
        in fiscal year 1994; and
            (4) the number and cost of Coast Guard inspectors 
        permanently stationed in foreign countries.

SEC. 414. CONVEYANCE OF LIGHT STATION MONTAUK POINT, NEW YORK.

    (a) Conveyance Requirement.--
            (1) Requirement.--The Secretary of Transportation shall 
        convey to the Montauk Historical Association in Montauk, New 
        York, by an appropriate means of conveyance, all right, title, 
        and interest of the United States in and to property comprising 
        Light Station Montauk Point, located at Montauk, New York.
            (2) Determination of property.--The Secretary may identify, 
        describe, and determine the property to be conveyed pursuant to 
        this section.
    (b) Terms of Conveyance.--
            (1) In general.--A conveyance of property pursuant to this 
        section shall be made--
                    (A) without the payment of consideration; and
                    (B) subject to the conditions required by 
                paragraphs (3) and (4) and such other terms and 
                conditions as the Secretary may consider appropriate.
            (2) Reversionary interest.--In addition to any term or 
        condition established pursuant to paragraph (1), any conveyance 
        of property comprising the Montauk Light Station pursuant to 
        subsection (a) shall be subject to the condition that all 
        right, title, and interest in and to the property so conveyed 
        shall immediately revert to the United States if the property, 
        or any part thereof--
                    (A) ceases to be maintained as a nonprofit center 
                for public benefit for the interpretation and 
                preservation of the material culture of the United 
                States Coast Guard, the maritime history of Montauk, 
                New York, and Native American and colonial history;
                    (B) ceases to be maintained in a manner that 
                ensures its present or future use as a Coast Guard aid 
                to navigation; or
                    (C) ceases to be maintained in a manner consistent 
                with the provisions of the National Historic 
                Preservation Act (16 U.S.C. 470 et seq.).
            (3) Maintenance of navigation and functions.--Any 
        conveyance of property pursuant to this section shall be 
        subject to such conditions as the Secretary considers to be 
        necessary to assure that--
                    (A) the light, antennas, sound signal, and 
                associated lighthouse equipment located on the property 
                conveyed, which are active aids to navigation, shall 
                continue to be operated and maintained by the United 
                States for as long as they are needed for this purpose;
                    (B) the Montauk Historical Association may not 
                interfere or allow interference in any manner with such 
                aids to navigation without express written permission 
                from the United States;
                    (C) there is reserved to the United States the 
                right to replace, or add any aids to navigation, or 
                make any changes to the Montauk Lighthouse as may be 
                necessary for navigation purposes;
                    (D) the United States shall have the right, at any 
                time, to enter the property conveyed without notice for 
                the purpose of maintaining navigation aids;
                    (E) the United States shall have an easement of 
                access to such property for the purpose of maintaining 
                the navigational aids in use on the property; and
                    (F) the Montauk Light Station shall revert to the 
                United States at the end of the 30-day period beginning 
                on any date on which the Secretary of Transportation 
                provides written notice to the Montauk Historical 
                Association that the Montauk Light Station is needed 
                for national security purposes.
            (4) Maintenance of light station.--Any conveyance of 
        property under this section shall be subject to the condition 
        that the Montauk Historical Association shall maintain the 
        Montauk Light Station in accordance with the provisions of the 
        National Historic Preservation Act (16 U.S.C. 470 et seq.) and 
        other applicable laws.
            (5) Limitation on obligations of montauk historical 
        association.--The Montauk Historical Association shall not have 
        any obligation to maintain any active aid to navigation 
        equipment on property conveyed pursuant to this section.
    (c) For purposes of this section--
            (1) the term ``Montauk Light Station'' means the Coast 
        Guard light station known as Light Station Montauk Point, 
        located at Montauk, New York, including the keeper's dwellings, 
        adjacent Coast Guard rights of way, the World War II submarine 
        spotting tower, the lighthouse tower, and the paint locker; and
            (2) the term ``Montauk Lighthouse'' means the Coast Guard 
        lighthouse located at the Montauk Light Station.

SEC. 415. CAPE ANN LIGHTHOUSE.

    (a) Authority To Convey.--
            (1) In general.--The Secretary of Transportation shall 
        convey to the town of Rockport, Massachusetts, by an 
        appropriate means of conveyance, all right, title, and interest 
        of the United States in and to the property comprising the Cape 
        Ann Lighthouse, located on Thachers Island, Massachusetts.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine the property to be conveyed 
        pursuant to this subsection.
    (b) Terms of Conveyance.--
            (1) In general.--The conveyance of property pursuant to 
        this section shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the conditions required by 
                paragraphs (3) and (4) and other terms and conditions 
                the Secretary may consider appropriate.
            (2) Reversionary interest.--In addition to any term or 
        condition established pursuant to paragraph (1), the conveyance 
        of property pursuant to this section shall be subject to the 
        condition that all right, title, and interest in the Cape Ann 
        Lighthouse shall immediately revert to the United States if the 
        Cape Ann Lighthouse, or any part of the property--
                    (A) ceases to be used as a nonprofit center for the 
                interpretation and preservation of maritime history;
                    (B) ceases to be maintained in a manner that 
                ensures its present or future use as a Coast Guard aid 
                to navigation; or
                    (C) ceases to be maintained in a manner consistent 
                with the provisions of the National Historic 
                Preservation Act of 1966 (16 U.S.C. 470 et seq.).
            (3) Maintenance and navigation functions.--The conveyance 
        of property pursuant to this section shall be made subject to 
        the conditions that the Secretary considers to be necessary to 
        assure that--
                    (A) the lights, antennas, and associated equipment 
                located on the property conveyed, which are active aids 
                to navigation, shall continue to be operated and 
                maintained by the United States;
                    (B) the town of Rockport may not interfere or allow 
                interference in any manner with aids to navigation 
                without express written permission from the Secretary 
                of Transportation;
                    (C) there is reserved to the United States the 
                right to relocate, replace, or add any aid to 
                navigation or make any changes to the Cape Ann 
                Lighthouse as may be necessary for navigational 
                purposes;
                    (D) the United States shall have the right, at any 
                time, to enter the property without notice for the 
                purpose of maintaining aids to navigation; and
                    (E) the United States shall have an easement of 
                access to the property for the purpose of maintaining 
                the aids to navigation in use on the property.
            (4) Obligation limitation.--The town of Rockport is not 
        required to maintain any active aid to navigation equipment on 
        property conveyed pursuant to this section.
            (5) Property to be maintained in accordance with certain 
        laws.--The town of Rockport shall maintain the Cape Ann 
        Lighthouse in accordance with the National Historic 
        Preservation Act of 1966 (16 U.S.C. 470 et seq.), and other 
        applicable laws.
    (c) Definitions.--For purposes of this section, the term ``Cape Ann 
Lighthouse'' means the Coast Guard property located on Thachers Island, 
Massachusetts, except any historical artifact, including any lens or 
lantern, located on the property at or before the time of the 
conveyance.

SEC. 416. TRANSFER OF OCRACOKE LIGHT STATION TO SECRETARY OF THE 
              INTERIOR.

    The Secretary of Transportation shall transfer administrative 
jurisdiction over the Federal property, consisting of approximately 2 
acres, known as the Ocracoke Light Station, to the Secretary of the 
Interior, subject to such reservations, terms, and conditions as may be 
necessary for Coast Guard purposes. All property so transferred shall 
be included in and administered as part of the Cape Hatteras National 
Seashore.

SEC. 417. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE OF COAST 
              GUARD VESSELS IN FOREIGN SHIPYARDS.

    (a) Prohibition.--Chapter 5 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 96. Prohibition on overhaul, repair, and maintenance of Coast 
              Guard vessels in foreign shipyards
    ``A Coast Guard vessel may not be overhauled, repaired, or 
maintained in any shipyard located outside the United States, except 
that this section does not apply to emergency repairs.''.
    (b) Clerical Amendment.--Title 14, United States Code, is amended 
in the analysis at the beginning of chapter 5 by adding at the end the 
following:

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

SEC. 418. STUDY OF IMPLICATIONS FOR VESSEL SAFETY IN NAVIGABLE WATERS 
              NEAR HOUSTON, TEXAS, OF TRADE AGREEMENTS.

    (a) Study.--Not later than July 1, 1996, the Secretary of 
Transportation, acting through the Coast Guard office in Houston, 
Texas, and subject to the availability of appropriations, shall conduct 
a study of the implications for vessel safety in the navigable waters 
near Houston, Texas, of increased shipping traffic resulting from--
            (1) the North American Free Trade Agreement Implementation 
        Act; and
            (2) legislation necessary to implement the Uruguay Round of 
        the General Agreement on Tariffs and Trade.
    (b) Content.--The study under subsection (a) shall include--
            (1) examination of implications for vessel safety in the 
        Port of Houston and the Houston ship channel; and
            (2) development of recommendations for--
                    (A) responding to vessel accidents in those 
                waterways,
                    (B) removal of vessels damaged in those accidents, 
                and
                    (C) ways to improve the overall safety of the Port 
                of Houston and the Houston ship channel, including 
                recommendations of restrictions on vessel movements 
                within that Port or channel if necessary to ensure 
                safety.
    (c) Report.--Not later than July 1, 1996, the Secretary of 
Transportation shall submit to the Congress a report on the findings 
and recommendations developed by the study under subsection (a).
    (d) Authorization of Appropriations.--For carrying out the study 
and preparing the report required by this section, there are authorized 
to be appropriated to the Secretary of Transportation $300,000 for 
fiscal year 1995 and such sums as may be necessary for fiscal year 
1996.

SEC. 419. IMPLEMENTATION OF OIL POLLUTION ACT WITH RESPECT TO VEGETABLE 
              OIL.

    In implementing the Oil Pollution Act of 1990 (Public Law 101-380), 
the Coast Guard and other agencies shall differentiate between animal 
fats or oils of vegetable origin and other oils, including petroleum 
oils, on the basis of their physical, chemical, biological, and other 
properties, and their environmental effects.

SEC. 420. LIMITATION ON AUTHORITY OF STATES TO REGULATE GAMBLING 
              DEVICES ON VESSELS.

    Section 5(b)(2) of the Act of January 2, 1951 (15 U.S.C. 
1175(b)(2)), commonly referred to as the ``Johnson Act'', is amended by 
adding at the end the following:
                    ``(C) Exclusion of certain voyages and segments.--
                Except for a voyage or segment of a voyage that occurs 
                within the boundaries of the State of Hawaii, a voyage 
                or segment of a voyage is not described in subparagraph 
                (B) if it includes or consists of a segment--
                            ``(i) that begins and ends in the same 
                        State;
                            ``(ii) that is part of a voyage to another 
                        State or to a foreign country; and
                            ``(iii) in which the vessel reaches the 
                        other State or foreign country within 3 days 
                        after leaving the State in which it begins.''.

SEC. 421. POLLUTION FROM SHIPS.

    (a) Prevention of Pollution From Ships.--Section 6 of the Act to 
Prevent Pollution from Ships (33 U.S.C. 1905) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) by striking ``(2) If'' and inserting 
                        the following: ``(2)(A) Subject to subparagraph 
                        (B), if''; and
                            (ii) by adding at the end the following new 
                        subparagraph:
    ``(B) The Secretary may issue a certificate attesting to the 
adequacy of reception facilities under this paragraph only if, prior to 
the issuance of the certificate, the Secretary conducts an inspection 
of the reception facilities of the port or terminal that is the subject 
of the certificate.''; and
                    (B) in paragraph (3), by striking subparagraph (A) 
                and inserting the following new subparagraph:
            ``(A) is valid for the 5-year period beginning on the date 
        of issuance of the certificate, except that if--
                    ``(i) the charge for operation of the port or 
                terminal is transferred to a person or entity other 
                than the person or entity that is the operator on the 
                date of issuance of the certificate--
                            ``(I) the certificate shall expire on the 
                        date that is 30 days after the date of the 
                        transfer; and
                            ``(II) the new operator shall be required 
                        to submit an application for a certificate 
                        before a certificate may be issued for the port 
                        or terminal; or
                    ``(ii) the certificate is suspended or revoked by 
                the Secretary, the certificate shall cease to be valid; 
                and''; and
            (2) by striking subsection (d) and inserting the following 
        new subsection:
    ``(d)(1) The Secretary shall maintain a list of ports or terminals 
with respect to which a certificate issued under this section--
            ``(A) is in effect; or
            ``(B) has been revoked or suspended.
    ``(2) The Secretary shall make the list referred to in paragraph 
(1) available to the general public.''.
    (b) Reception Facility Placards.--Section 6(f) of the Act to 
Prevent Pollution from Ships (33 U.S.C. 1905(f)) is amended--
            (1) by inserting ``(1)'' before ``The Secretary''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) Not later than 18 months after the date of enactment of 
this paragraph, the Secretary shall promulgate regulations that require 
the operator of each port or terminal that is subject to any 
requirement of the MARPOL Protocol relating to reception facilities to 
post a placard in a location that can easily be seen by port and 
terminal users. The placard shall state, at a minimum, that a user of a 
reception facility of the port or terminal should report to the 
Secretary any inadequacy of the reception facility.''.
    (c) Application to Vessels.--
            (1) Notice of arrival.--The owner, master, agent, or person 
        in charge of a vessel shall include in the notice of arrival 
        required to be submitted to the Captain of the Port of the port 
        or place of destination pursuant to the Ports and Waterways 
        Safety Act (33 U.S.C. 1221 et seq.) information concerning the 
        intention of the owner, master, or person in charge of the 
        vessel with respect to the disposal of onboard waste at the 
        port or place of destination.
            (2) Compliance reports.--Section 2201(a) of the Marine 
        Plastic Pollution Research and Control Act of 1987 (Public Law 
        100-220; 33 U.S.C. 1902 note) is amended--
                    (A) by striking ``for a period of 6 years''; and
                    (B) by inserting before the period at the end the 
                following: ``and, not later than 1 year after the date 
                of enactment of the Marine Plastic Pollution Research 
                and Control Act of 1994, and annually thereafter, shall 
                publish in the Federal Register a list of the 
                enforcement actions taken against any domestic or 
                foreign ship (including any commercial or recreational 
                ship) pursuant to the Act to Prevent Pollution from 
                Ships (33 U.S.C. 1901 et seq.)''.
    (d) Marine Plastic Pollution Research and Control Public Outreach 
Program.--Section 2204(a) of the Marine Plastic Pollution Research and 
Control Act of 1987 (Public Law 100-220; 42 U.S.C. 6981 note) is 
amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``for a period of at least 3 years,'';
                    (B) in subparagraph (C), by striking ``and'' at the 
                end;
                    (C) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                subparagraph:
                    ``(E) the requirements under this Act and the Act 
                to Prevent Pollution from Ships (33 U.S.C. 1901 et 
                seq.) with respect to ships and ports, and the 
                authority of citizens to report violations of this Act 
                and the Act to Prevent Pollution from Ships (33 U.S.C. 
                1901 et seq.).''; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraph:
            ``(2) Authorized activities.--
                    ``(A) Public outreach program.--A public outreach 
                program under paragraph (1) may include--
                            ``(i) developing and implementing a 
                        voluntary boaters' pledge program;
                            ``(ii) workshops with interested groups;
                            ``(iii) public service announcements;
                            ``(iv) distribution of leaflets and 
                        posters; and
                            ``(v) any other means appropriate to 
                        educating the public.
                    ``(B) Grants and cooperative agreements.--To carry 
                out this section, the Secretary of the department in 
                which the Coast Guard is operating, the Secretary of 
                Commerce, and the Administrator of the Environmental 
                Protection Agency are authorized to award grants, enter 
                into cooperative agreements with appropriate officials 
                of other Federal agencies and agencies of States and 
                political subdivisions of States, and provide other 
                financial assistance to eligible recipients.
                    ``(C) Consultation.--In developing outreach 
                initiatives targeted at the interested groups that are 
                subject to the requirements of this title and the Act 
                to Prevent Pollution from Ships (33 U.S.C. 1901 et 
                seq.), the Secretary of the department in which the 
                Coast Guard is operating, in consultation with the 
                Secretary of Commerce, acting through the Administrator 
                of the National Oceanic and Atmospheric Administration, 
                and the Administrator of the Environmental Protection 
                Agency, shall consult with--
                            ``(i) the heads of State agencies 
                        responsible for implementing State boating 
                        laws; and
                            ``(ii) the heads of other enforcement 
                        agencies that regulate boaters or commercial 
                        fishermen.''.
    (e) Coordination.--
            (1) Establishment of marine debris coordinating 
        committee.--The Administrator of the Environmental Protection 
        Agency shall establish a Marine Debris Coordinating Committee 
        (referred to in this section as the ``Committee'').
            (2) Membership.--The Committee shall include a senior 
        official from--
                    (A) the Environmental Protection Agency, who shall 
                serve as the Chairperson of the Committee;
                    (B) the National Oceanic and Atmospheric 
                Administration;
                    (C) the United States Coast Guard;
                    (D) the United States Navy; and
                    (E) such other Federal agencies that have an 
                interest in ocean issues or water pollution prevention 
                and control as the Administrator of the Environmental 
                Protection Agency determines appropriate.
            (3) Meetings.--The Committee shall meet at least twice a 
        year to provide a forum to ensure the coordination of national 
        and international research, monitoring, education, and 
        regulatory actions addressing the persistent marine debris 
        problem.
    (f) Monitoring.--The Administrator of the Environmental Protection 
Agency, in cooperation with the Secretary of Commerce, acting through 
the Administrator of the National Oceanic and Atmospheric 
Administration, shall utilize the marine debris data derived under 
title V of the Marine Protection, Research, and Sanctuaries Act of 1972 
(33 U.S.C. 2801 et seq.) to assist the United States Coast Guard in 
assessing the effectiveness of this Act.

SEC. 422. MERCHANT MARINER BENEFITS.

    (a) Part G of subtitle II, title 46, United States Code, is amended 
by adding the following new chapter:

                ``Chapter 112--MERCHANT MARINER BENEFITS

``Sec.
``11201. Qualified service.
``11202. Qualified service benefits.
``Sec. 11201. Qualified service
    ``An individual who was in training for or who served as a member 
of the United States merchant marine, including the Army Transport 
Service and the Naval Transportation Service, or who received a letter 
of induction, before August 16, 1945, is deemed to have been engaged in 
qualified service for purposes of this chapter.
``Sec. 11202. Qualified service benefits
    ``(a) An individual who believes that individual performed 
qualified service under section 11201 of this chapter may apply to the 
Secretary. Not later than 180 days after the Secretary receives an 
application under this section, the Secretary shall determine whether 
the individual performed qualified service.
    ``(b) The Secretary shall issue an honorable discharge to an 
individual who performed qualified service as determined by the 
Secretary under subsection (a). The Secretary shall issue the discharge 
subject to the standards that apply to the honorable discharges issued 
under section 401(a)(1)(b) of the GI Bill Improvement Act of 1977 (38 
U.S.C. 106 note).
    ``(c) The qualified service of an individual who--
            ``(1) receives an honorable discharge under subsection (b); 
        and
            ``(2) is not eligible for benefits under a law administered 
        by the Secretary of Veterans Affairs--
shall be treated as active duty for purposes of eligibility for 
benefits under chapters 23 and 24 of title 38, United States Code.
    ``(d) The Secretary shall reimburse the Secretary of Veterans 
Affairs for the value of benefits provided to an individual by reason 
of eligibility under this chapter.
    ``(e) An individual is not entitled to, and may not receive, 
benefits under this chapter for any period before the date of enactment 
of this chapter.''.
    (b) The analysis at the beginning of subtitle II of title 46, 
United States Code, is amended by inserting after the item relating to 
chapter 111 the following:

``112. Merchant mariners benefits...........................  11201.''.

SEC. 423. ANNUAL REPORT ON IMPLEMENTATION OF VESSEL TRAFFIC SERVICE.

    Not later than April 1 of each year after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Merchant Marine and Fisheries of the House of Representatives and 
the Committee on Commerce, Science and Transportation of the Senate a 
report describing in detail the status of implementation of the Vessel 
Traffic Service in all the ports ranked in the Port Needs Study issued 
by the Coast Guard in 1991.

SEC. 424. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS.

    Section 31321(a) of title 46, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(4)(A) A bill of sale, conveyance, mortgage, assignment, or 
related instrument may be filed electronically under regulations 
prescribed by the Secretary.
    ``(B) A filing made electronically under subparagraph (A) shall not 
be effective after the 10-day period beginning on the date of the 
filing unless the original instrument is provided to the Secretary 
within that 10-day period.''.

SEC. 425. COST ACCOUNTING FOR HAITIAN OPERATIONS.

    (a) No later than 30 days after the enactment of this Act, the 
Secretary of Transportation shall submit a full accounting of all Coast 
Guard costs related to Haiti during fiscal year 1994 to the Committee 
on Merchant Marine and Fisheries in the House of Representatives and to 
the Committee on Commerce, Science, and Transportation in the Senate. 
This accounting shall include numbers of Coast Guard personnel 
involved, the numbers of Coast Guard vessels involved, and the amount 
of funds diverted from other Coast Guard missions.
    (b) Until all United States military operations in Haiti cease, the 
Secretary of Transportation shall submit monthly reports on all Coast 
Guard costs related to Haiti to the Committee on Merchant Marine and 
Fisheries in the House of Representatives and to the Committee on 
Commerce, Science, and Transportation in the Senate.

SEC. 426. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--It is the 
sense of the Congress that, to the greatest extent practicable, all 
equipment and products purchased with funds made available under this 
Act should be American-made.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Secretary, to the greatest extent 
practicable, shall provide to each recipient of the assistance a notice 
describing the statement made in subsection (a) by the Congress.

SEC. 427. SENSE OF THE CONGRESS REGARDING FUNDING FOR COAST GUARD.

    It is the sense of the Congress that in appropriating amounts for 
the Coast Guard, the Congress should appropriate amounts adequate to 
enable the Coast Guard to carry out all extraordinary functions and 
duties the Coast Guard is required to undertake in addition to its 
normal functions established by law.

SEC. 428. PLAN FOR RESCUE OF PASSENGERS ON THE CHESAPEAKE BAY.

    (a) The Secretary of the department in which the Coast Guard is 
operating, in consultation with officials of the States of Maryland and 
Virginia, and other interested persons, shall develop and submit to 
Congress by March 30, 1995, a plan for the rescue of persons 
transported on passenger vessels or small passenger vessels on the 
Chesapeake Bay.
    (b) The plan developed in subsection (a) shall include--
            (1) a protocol for command, control, and communications 
        among Federal, State, and local authorities;
            (2) a protocol for training exercises to prepare for an 
        emergency rescue on the Chesapeake Bay;
            (3) an identification of emergency medical personnel that 
        would be available for an emergency rescue on the Chesapeake 
        Bay;
            (4) an identification of procedures to be followed and 
        equipment that would be needed in the event of weather that 
        could result in hypothermia of the passengers; and
            (5) a study by the Coast Guard examining the feasibility of 
        locating a helicopter station on the Chesapeake Bay and in 
        developing mutual aid agreement with appropriate Federal, State 
        and local agencies to improve helicopter response time.

                  TITLE V--RECREATIONAL BOATING SAFETY

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Recreational Boating Safety 
Improvement Act of 1994''.

SEC. 502. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN.

    (a) Prohibition.--Section 4307(a) of title 46, United States Code, 
is amended--
            (1) in paragraph (2) by striking ``or'' after the semicolon 
        at the end;
            (2) in paragraph (3) by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
            ``(4) operate a recreational vessel under 26 feet in length 
        unless each individual 12 years of age or younger wears a Coast 
        Guard approved personal flotation device when the individual is 
        on an open deck of the vessel.''.
    (b) State Authority Preserved.--Section 4307 of title 46, United 
States Code, is further amended by adding at the end the following:
    ``(c) Subsection (a)(4) shall not be construed to limit the 
authority of a State to establish requirements relating to the wearing 
of personal flotation devices on recreational vessels that are more 
stringent than that subsection.''.

SEC. 503. ALLOCATION OF FUNDS BASED ON STATE ADOPTION OF LAWS REGARDING 
              BOATING WHILE INTOXICATED.

    Section 13103 of title 46, United States Code, is amended--
            (1) by redesignating subsections (a), (b), and (c) in order 
        as subsections (b), (c), and (d);
            (2) by inserting before subsection (b) (as so redesignated) 
        the following new subsection:
    ``(a)(1) Beginning in fiscal year 1998, of the amounts transferred 
to the Secretary each fiscal year pursuant to section 4(b) of the Act 
of August 9, 1950 (16 U.S.C. 777c(b)), the Secretary shall allocate for 
State recreational boating safety programs $10,000,000 as follows:
            ``(A) One-half shall be allocated in accordance with 
        paragraph (2) among eligible States that--
                    ``(i) prohibit operation of a recreational vessel 
                by an individual who is under the influence of alcohol 
                or drugs; and
                    ``(ii) establish a blood alcohol concentration 
                limit of .10 percent or less.
            ``(B) One-half shall be allocated in accordance with 
        paragraph (2) among eligible States that--
                    ``(i) prohibit operation of a recreational vessel 
                by an individual who is under the influence of alcohol 
                or drugs; and
                    ``(ii) establish an implied consent requirement 
                that specifies that an individual is deemed to have 
                given their consent to evidentiary testing for their 
                blood alcohol concentration or presence of other 
                intoxicating substances.
    ``(2) Of the amount allocated under subparagraph (A) or (B) of 
paragraph (1) each fiscal year--
            ``(A) one-half shall be allocated equally among all 
        eligible States receiving an allocation under that subparagraph 
        for the fiscal year; and
            ``(B) one-half shall be allocated among those eligible 
        States so that each such State receives an amount bearing the 
        same ratio to the total amount allocated under that 
        subparagraph for the fiscal year as the number of vessels 
        numbered in that State under a system approved under chapter 
        123 of this title bears to the total number of vessels numbered 
        under approved systems of all States receiving an allocation 
        under that subparagraph for the fiscal year.'';
            (3) in subsection (b) (as so redesignated) in the matter 
        preceding paragraph (1) by inserting ``the balance of 
        remaining'' after ``allocate''; and
            (4) by adding at the end the following new subsection:
    ``(e) A State shall not be ineligible for an allocation under 
subsection (a) because of the adoption by the State of any requirement 
relating to the operation of a recreational vessel while under the 
influence of alcohol or drugs that is more stringent than the 
requirements for receiving the allocation.''.

SEC. 504. MARINE CASUALTY REPORTING.

    (a) Submission of Plan.--Not later than one year after enactment of 
this Act, the Secretary of Transportation shall, in consultation with 
appropriate State agencies, submit to the Committee on Merchant Marine 
and Fisheries of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a plan to increase 
reporting of vessel accidents to appropriate State law enforcement 
officials.
    (b) Penalties for Violating Reporting Requirements.--Section 
6103(a) of title 46, United States Code, is amended by inserting ``or 
6102'' after ``6101'' the second place it appears.

SEC. 505. REQUIRING VIOLATORS TO TAKE RECREATIONAL BOATING SAFETY 
              COURSE.

    (a) Negligent Operation.--Section 2302 of title 46, United States 
Code, is amended by adding at the end the following:
    ``(e) An individual operating a recreational vessel in violation of 
this section shall complete a boating safety course approved by the 
Secretary.''.
    (b) Other Violations.--Section 4311 of title 46, United States 
Code, is amended by adding at the end the following:
    ``(h) A person who operates a recreational vessel in violation of 
this chapter or a regulation prescribed under this chapter may be 
ordered to complete a recreational boating safety course approved by 
the Secretary.''.

SEC. 506. TECHNICAL CORRECTIONS.

    Section 13108(a)(1) of title 46, United States Code, is amended 
by--
            (1) striking ``proceeding'' and inserting ``preceding''; 
        and
            (2) striking ``Secertary'' and inserting ``Secretary''.

              TITLE VI--TOWING VESSEL NAVIGATIONAL SAFETY

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Towing Vessel Navigational Safety 
Act of 1994''.

SEC. 602. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT FOR TOWING VESSELS.

    (a) In General.--Section 4102 of title 46, United States Code, is 
amended by adding at the end the following:
    ``(f)(1) In prescribing regulations for towing vessels, the 
Secretary shall--
            ``(A) consider the characteristics, methods of operation, 
        and nature of the service of towing vessels;
            ``(B) consult with the Towing Safety Advisory Committee; 
        and
            ``(C) require, to the extent appropriate, the installation, 
        maintenance, and use of and familiarity with the following 
        equipment on each towing vessel, other than a towing vessel 
        that is used only for towing disabled vessels:
                    ``(i) A radar system.
                    ``(ii) An electronic position-fixing device.
                    ``(iii) A sonic depth finder.
                    ``(iv) A compass or swing meter.
                    ``(v) Adequate towing wire and associated 
                equipment.
                    ``(vi) Up-to-date navigational charts and 
                publications for the areas normally transited by the 
                vessel.
                    ``(vii) Other safety equipment the Secretary 
                determines to be necessary.
    ``(2) The Secretary shall establish in regulations under this 
chapter requirements that--
            ``(A) any equipment required on a towing vessel under 
        paragraph (1) shall be maintained in effective operating 
        condition; and
            ``(B) if such equipment on a vessel ceases to operate, the 
        master of the vessel shall exercise due diligence to restore 
        the equipment to effective operating condition, or cause it to 
        be restored to that condition, at the earliest practicable 
        date.''.
    (b) Regulations.--The Secretary of Transportation shall issue 
regulations by not later than 12 months after the date of the enactment 
of this Act, prescribing navigational publication and equipment 
requirements under subsection (f) of section 4102 of title 46, United 
States Code, as added by subsection (a) of this section.

SEC. 603. REPORTING MARINE CASUALTIES.

    (a) Expedited Reporting Required.--Section 6101(b) of title 46, 
United States Code, is amended by striking ``within 5 days'' and 
inserting ``by as soon as practicable, but in no case later than within 
5 days,''.
    (b) Penalty for Failure To Report a Casualty.--Section 6103(a) of 
title 46, United States Code is amended by striking ``$1,000'' and 
inserting ``not more than $25,000''.

SEC. 604. REPORT ON FEASIBILITY OF ESTABLISHING A DIFFERENTIAL GLOBAL 
              POSITIONING SATELLITE NAVIGATION SYSTEM AND ELECTRONIC 
              CHARTS FOR INLAND WATERWAYS.

    Not later than 6 months after the date of the enactment of this 
Act, the Secretary of Transportation shall submit a report to the 
Congress on the feasibility of establishing a differential global 
positioning satellite navigation system and creating electronic charts 
for the inland waterways of the United States.

SEC. 605. PROTECTION OF SEAMEN AGAINST DISCRIMINATION.

    Section 2114 of title 46, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) An owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel may not discharge, temporarily remove, 
or in any manner discriminate against a seaman because the seaman--
            ``(1) in good faith has reported or is about to report to 
        the Coast Guard that the seaman believes that a violation of 
        this subtitle, or a regulation issued under this subtitle, has 
        occurred; or
            ``(2) refuses to violate this subtitle or a regulation 
        issued under this subtitle.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1) by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (2) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) an award of cost and reasonable attorney's fees to 
        the prevailing plaintiff.''.

SEC. 606. MANNING AND LICENSING REQUIREMENTS FOR TOWING VESSELS.

    (a) Manning Requirements.--Section 8904 of title 46, United States 
Code, is amended by adding at the end the following:
    ``(c) A towing vessel, other than a vessel referred to in 
subsection (b), shall--
            ``(1) while being operated, have on board an individual 
        licensed by the Secretary as a master of that type of towing 
        vessel; and
            ``(2) be operated by an individual licensed by the 
        Secretary to operate that type of towing vessel.''.
    (b) Regulations Establishing Licenses for Masters and Operators.--
Section 7101 of title 46, United States Code, is amended by adding at 
the end the following:
    ``(j)(1) The Secretary shall prescribe regulations which establish 
licenses for masters and mates of towing vessels.
    ``(2) Regulations under this subsection shall provide that an 
individual may be issued a license as a master or mate of a towing 
vessel only if the individual--
            ``(A) demonstrates proficiency in the use of the equipment 
        required pursuant to section 4102(f)(1)(C) of this title; and
            ``(B) demonstrates proficiency in operating a towing 
        vessel.
    ``(3) Regulations under this subsection may establish standards and 
procedures under which the Secretary may delegate, to individuals who 
have experience in the operation of towing vessels and to other 
qualified persons, the authority to conduct examinations required for 
the issuance of a license as a master or mate of a towing vessel.''.
    (c) Existing Uninspected Towing Vessel Operator License Holders.--
An uninspected towing vessel operator license that is valid on the date 
of enactment of this Act shall be valid as a master or mate license 
required by section 8904 of title 46, United States Code, as amended by 
this section, until otherwise required to be renewed. The Secretary 
shall require that an individual applying for a first renewal of such a 
license as a master or mate license under that section demonstrate 
proficiency under the requirements of section 7101(j) of title 46, 
United States Code, as added by this section.
    (d) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of the enactment of this Act.
    (e) Deadline for Regulations.--The Secretary of the department in 
which the Coast Guard is operating shall issue regulations under the 
amendments made by this section by not later than 1 year after the date 
of the enactment of this Act.

SEC. 607. CIVIL PENALTIES.

    (a) Prohibited Operation of Uninspected Towing Vessel, Generally.--
Section 4106 of title 46, United States Code, is amended by striking 
``$5,000'' and inserting ``$25,000''.
    (b) Operation of Uninspected Towing Vessel in Violation of Manning 
Requirements.--Section 8906 of title 46, United States Code, is amended 
by striking ``$1,000'' and inserting ``not more than $25,000''.

SEC. 608. MODEL TOWING VESSEL COMPANY INSPECTION PROGRAM.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of the department in which the Coast Guard is operating, 
in consultation with the Towing Safety Advisory Committee, shall--
            (1) develop a model towing vessel company inspection 
        program, including a Coast Guard boarding program to determine 
        compliance with the model program; and
            (2) submit to the Congress for its approval the model 
        program and a description of the statutory changes necessary to 
        implement the model program.

SEC. 609. MERCHANT MARINERS' DOCUMENTS REQUIRED.

    (a) Requirement.--Section 8701(a) of title 46, United States Code, 
is amended--
            (1) by striking ``100'' and inserting ``5'';
            (2) in paragraph (1), by striking ``a vessel operating only 
        on rivers and lakes (except the Great Lakes);'' and inserting 
        ``a small passenger vessel, or an uninspected passenger 
        vessel;'';
            (3) by striking paragraph (2), and redesignating the 
        subsequent paragraphs accordingly; and
            (4) in paragraph (6) (as so redesignated) by striking 
        ``clause (6)'' and inserting ``paragraph (5)''.
    (b) Exceptions.--Section 8701(b) of title 46, United States Code, 
is amended--
            (1) by striking ``A person'' and inserting ``(1) Except as 
        provided in paragraph (2), a person''; and
            (2) by adding at the end the following:
    ``(2) The Secretary shall prescribe regulations which exempt from 
paragraph (1)--
            ``(A) engagement or employment of an individual in any 
        position, on a passenger vessel, that is not listed in the 
        Certificate of Inspection for the vessel;
            ``(B) engagement or employment of an individual in any 
        position, on a vessel of a type to which this section did not 
        apply on the day before the date of enactment of the Towing 
        Vessel Navigational Safety Act of 1994, for which the 
        individual is required to hold a license issued by the 
        Secretary under this title; and
            ``(C) service by an individual in a position described in 
        subparagraph (A) or (B).''.
    (c) User Fee Exemption and Privacy of Information.--
            (1) User fee exemption.--The Secretary of Transportation 
        may not collect a fee or charge under section 2110 of title 46, 
        United States Code, for any service related to a merchant 
        mariner's document required to be obtained under this title.
            (2) Privacy of information.--The Secretary of 
        Transportation may not make available to a member of the public 
        any personal information concerning an individual required to 
        obtain a merchant mariner's document under this title.
    (d) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of the enactment of this Act.

                TITLE VII--COAST GUARD REGULATORY REFORM

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Coast Guard Regulatory Reform Act 
of 1994''.

SEC. 702. SAFETY MANAGEMENT.

    (a) Management of Vessels.--Title 46, United States Code, is 
amended by adding after chapter 31 the following new chapter:

                  ``CHAPTER 32--MANAGEMENT OF VESSELS

``Sec.
``3201. Definitions.
``3202. Application.
``3203. Safety management system.
``3204. Implementation of safety management system.
``3205. Certification.
``Sec. 3201. Definitions
    ``In this chapter--
            ``(1) `International Safety Management Code' has the same 
        meaning given that term in chapter IX of the Annex to the 
        International Convention for the Safety of Life at Sea, 1974;
            ``(2) `responsible person' means--
                    ``(A) the owner of a vessel to which this chapter 
                applies; or
                    ``(B) any other person that has--
                            ``(i) assumed the responsibility for 
                        operation of a vessel to which this chapter 
                        applies from the owner; and
                            ``(ii) agreed to assume with respect to the 
                        vessel responsibility for complying with all 
                        the requirements of this chapter and the 
                        regulations prescribed under this chapter.
            ``(3) `vessel engaged on a foreign voyage' means a vessel 
        to which this chapter applies--
                    ``(A) arriving at a place under the jurisdiction of 
                the United States from a place in a foreign country;
                    ``(B) making a voyage between places outside the 
                United States; or
                    ``(C) departing from a place under the jurisdiction 
                of the United States for a place in a foreign country.
``Sec. 3202. Application
    ``(a) Mandatory Application.--This chapter applies to the following 
vessels engaged on a foreign voyage:
            ``(1) Beginning July 1, 1998--
                    ``(A) a vessel transporting more than 12 passengers 
                described in section 2101(21)(A) of this title; and
                    ``(B) a tanker, bulk freight vessel, or high-speed 
                freight vessel, of at least 500 gross tons.
            ``(2) Beginning July 1, 2002, a freight vessel and a mobile 
        offshore drilling unit of at least 500 gross tons.
    ``(b) Voluntary Application.--This chapter applies to a vessel not 
described in subsection (a) of this section if the owner of the vessel 
requests the Secretary to apply this chapter to the vessel.
    ``(c) Exception.--Except as provided in subsection (b) of this 
section, this chapter does not apply to--
            ``(1) a barge;
            ``(2) a recreational vessel not engaged in commercial 
        service;
            ``(3) a fishing vessel;
            ``(4) a vessel operating on the Great Lakes or its 
        tributary and connecting waters; or
            ``(5) a public vessel.
``Sec. 3203. Safety management system
    ``(a) In General.--The Secretary shall prescribe regulations which 
establish a safety management system for responsible persons and 
vessels to which this chapter applies, including--
            ``(1) a safety and environmental protection policy;
            ``(2) instructions and procedures to ensure safe operation 
        of those vessels and protection of the environment in 
        compliance with international and United States law;
            ``(3) defined levels of authority and lines of 
        communications between, and among, personnel on shore and on 
        the vessel;
            ``(4) procedures for reporting accidents and 
        nonconformities with this chapter;
            ``(5) procedures for preparing for and responding to 
        emergency situations; and
            ``(6) procedures for internal audits and management reviews 
        of the system.
    ``(b) Compliance With Code.--Regulations prescribed under this 
section shall be consistent with the International Safety Management 
Code with respect to vessels engaged on a foreign voyage.
``Sec. 3204. Implementation of safety management system
    ``(a) Safety Management Plan.--Each responsible person shall 
establish and submit to the Secretary for approval a safety management 
plan describing how that person and vessels of the person to which this 
chapter applies will comply with the regulations prescribed under 
section 3203(a) of this title.
    ``(b) Approval.--Upon receipt of a safety management plan submitted 
under subsection (a), the Secretary shall review the plan and approve 
it if the Secretary determines that it is consistent with and will 
assist in implementing the safety management system established under 
section 3203.
    ``(c) Prohibition on Vessel Operation.--A vessel to which this 
chapter applies under section 3202(a) may not be operated without 
having on board a Safety Management Certificate and a copy of a 
Document of Compliance issued for the vessel under section 3205 of this 
title.
``Sec. 3205. Certification
    ``(a) Issuance of Certificate and Document.--After verifying that 
the responsible person for a vessel to which this chapter applies and 
the vessel comply with the applicable requirements under this chapter, 
the Secretary shall issue for the vessel, on request of the responsible 
person, a Safety Management Certificate and a Document of Compliance.
    ``(b) Maintenance of Certificate and Document.--A Safety Management 
Certificate and a Document of Compliance issued for a vessel under this 
section shall be maintained by the responsible person for the vessel as 
required by the Secretary.
    ``(c) Verification of Compliance.--The Secretary shall--
            ``(1) periodically review whether a responsible person 
        having a safety management plan approved under section 3204(b) 
        and each vessel to which the plan applies is complying with the 
        plan; and
            ``(2) revoke the Secretary's approval of the plan and each 
        Safety Management Certificate and Document of Compliance issued 
        to the person for a vessel to which the plan applies, if the 
        Secretary determines that the person or a vessel to which the 
        plan applies has not complied with the plan.
    ``(d) Enforcement.--At the request of the Secretary, the Secretary 
of the Treasury shall withhold or revoke the clearance required by 
section 4197 of the Revised Statutes (46 App. U.S.C. 91) of a vessel 
that is subject to this chapter under section 3202(a) of this title or 
to the International Safety Management Code, if the vessel does not 
have on board a Safety Management Certificate and a copy of a Document 
of Compliance for the vessel. Clearance may be granted on filing a bond 
or other surety satisfactory to the Secretary.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
subtitle II of title 46, United States Code, is amended by inserting 
after the item relating to chapter 31 the following:

``32. Management of vessels.................................    3201''.
    (c) Study.--
            (1) Study.--The Secretary of the department in which the 
        Coast Guard is operating shall conduct, in cooperation with the 
        owners, charterers, and managing operators of vessels 
        documented under chapter 121 of title 46, United States Code, 
        and other interested persons, a study of the methods that may 
        be used to implement and enforce the International Management 
        Code for the Safe Operation of Ships and for Pollution 
        Prevention under chapter IX of the Annex to the International 
        Convention for the Safety of Life at Sea, 1974.
            (2) Report.--The Secretary shall submit to the Congress a 
        report of the results of the study required under paragraph (1) 
        before the earlier of--
                    (A) the date that final regulations are prescribed 
                under section 3203 of title 46, United States Code (as 
                enacted by subsection (a); or
                    (B) the date that is 1 year after the date of 
                enactment of this Act.

SEC. 703. USE OF REPORTS, DOCUMENTS, RECORDS, AND EXAMINATIONS OF OTHER 
              PERSONS.

    (a) Reports, Documents, and Records.--Chapter 31 of title 46, 
United States Code, is amended by adding the following new section:
``Sec. 3103. Use of reports, documents, and records
    ``The Secretary may rely, as evidence of compliance with this 
subtitle, on--
            ``(1) reports, documents, and records of other persons who 
        have been determined by the Secretary to be reliable; and
            ``(2) other methods the Secretary has determined to be 
        reliable.''.
    (b) Clerical Amendment.--The table of sections for chapter 31 of 
title 46, United States Code, is amended by adding at the end the 
following:

``3103. Use of reports, documents, and records.''.
    (c) Examinations.--Section 3308 of title 46, United States Code, is 
amended by inserting ``or have examined'' after ``examine''.

SEC. 704. EQUIPMENT APPROVAL.

    (a) In General.--Section 3306(b) of title 46, United States Code, 
is amended to read as follows:
    ``(b)(1) Equipment and material subject to regulation under this 
section may not be used on any vessel without prior approval of the 
Secretary.
    ``(2) Except with respect to use on a public vessel, the Secretary 
may treat an approval of equipment or materials by a foreign government 
as approval by the Secretary for purposes of paragraph (1) if the 
Secretary determines that--
            ``(A) the design standards and testing procedures used by 
        that government meet the requirements of the International 
        Convention for the Safety of Life at Sea, 1974;
            ``(B) the approval of the equipment or material by the 
        foreign government will secure the safety of individuals and 
        property on board vessels subject to inspection; and
            ``(C) for lifesaving equipment, the foreign government--
                    ``(i) has given equivalent treatment to approvals 
                of lifesaving equipment by the Secretary; and
                    ``(ii) otherwise ensures that lifesaving equipment 
                approved by the Secretary may be used on vessels that 
                are documented and subject to inspection under the laws 
                of that country.''.
    (b) Foreign Approvals.--The Secretary of Transportation, in 
consultation with other interested Federal agencies, shall work with 
foreign governments to have those governments approve the use of the 
same equipment and materials on vessels documented under the laws of 
those countries that the Secretary requires on United States documented 
vessels.
    (c) Technical Amendment.--Section 3306(a)(4) of title 46, United 
States Code, is amended by striking ``clauses (1)-(3)'' and inserting 
``paragraphs (1), (2), and (3)''.

SEC. 705. FREQUENCY OF INSPECTION.

    (a) Frequency of Inspection, Generally.--Section 3307 of title 46, 
United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``nautical school vessel'' and 
                inserting ``, nautical school vessel, and small 
                passenger vessel allowed to carry more than 12 
                passengers on a foreign voyage''; and
                    (B) by adding ``and'' after the semicolon at the 
                end;
            (2) by striking paragraph (2) and redesignating paragraph 
        (3) as paragraph (2); and
            (3) in paragraph (2) (as so redesignated), by striking ``2 
        years'' and inserting ``5 years''.
    (b) Conforming Amendment.--Section 3710(b) of title 46, United 
States Code, is amended by striking ``24 months'' and inserting ``5 
years''.

SEC. 706. CERTIFICATE OF INSPECTION.

    Section 3309(c) of title 46, United States Code, is amended by 
striking ``(but not more than 60 days)''.

SEC. 707. DELEGATION OF AUTHORITY OF SECRETARY TO CLASSIFICATION 
              SOCIETIES.

    (a) Authority To Delegate.--Section 3316 of title 46, United States 
Code, is amended--
            (1) by striking subsections (a) and (d);
            (2) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively; and
            (3) in subsection (b), as so redesignated, by--
                    (A) redesignating paragraph (2) as paragraph (3); 
                and
                    (B) striking so much of the subsection as precedes 
                paragraph (3), as so redesignated, and inserting the 
                following:
    ``(b)(1) The Secretary may delegate to the American Bureau of 
Shipping or another classification society recognized by the Secretary 
as meeting acceptable standards for such a society, for a vessel 
documented or to be documented under chapter 121 of this title, the 
authority to--
            ``(A) review and approve plans required for issuing a 
        certificate of inspection required by this part;
            ``(B) conduct inspections and examinations; and
            ``(C) issue a certificate of inspection required by this 
        part and other related documents.
    ``(2) The Secretary may make a delegation under paragraph (1) to a 
foreign classification society only--
            ``(A) to the extent that the government of the foreign 
        country in which the society is headquartered delegates 
        authority and provides access to the American Bureau of 
        Shipping to inspect, certify, and provide related services to 
        vessels documented in that country; and
            ``(B) if the foreign classification society has offices and 
        maintains records in the United States.''.
    (b) Conforming Amendments.--(1) The heading for section 3316 of 
title 46, United States Code, is amended to read as follows:
``Sec. 3316. Classification societies''.
    (2) The table of sections for chapter 33 of title 46, United States 
Code, is amended by striking the item relating to section 3316 and 
inserting the following:

``3316. Classification societies.''.

SEC. 708. STUDY OF MARINE CASUALTY REPORTING REQUIREMENTS.

    The Coast Guard shall, within 9 months after the effective date of 
this title, conduct a study of current regulatory requirements 
regarding the reporting of marine casualties under section 6101 of 
title 46, United States Code, to determine whether--
            (1) marine casualties should be classified according to the 
        seriousness of nonfatal casualties;
            (2) further regulations pertaining to the necessity for 
        alcohol and drug testing for each classification need to be 
        proposed;
            (3) the regulations may exclude certain non-serious 
        casualties from the requirement that drug or alcohol testing be 
        performed; and
            (4) the reporting of certain marine casualties that may be 
        classified as minor may be done on a quarterly basis.

          TITLE VIII--UNITED STATES CRUISE VESSEL DEVELOPMENT

SEC. 801. SHORT TITLE.

    This title may be cited as the ``United States Cruise Vessel 
Development Act''.

SEC. 802. PURPOSE.

    The purpose of this title is to promote construction and operation 
of United States flag cruise vessels in the United States.

SEC. 803. COASTWISE TRANSPORTATION OF PASSENGERS.

    Section 8 of the Act entitled ``An Act to abolish certain fees for 
official services to American vessels, and to amend the laws relating 
to shipping commissioners, seamen, and owners of vessels, and for other 
purposes'', approved June 19, 1886 (46 App. U.S.C. 289), is amended to 
read as follows:

``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.

    ``(a) In General.--Except as otherwise provided by law, a vessel 
may transport passengers in coastwise trade only if--
            ``(1) the vessel is owned by a person that is--
                    ``(A) an individual who is a citizen of the United 
                States; or
                    ``(B) a corporation, partnership, or association 
                that is a citizen of the United States under section 
                2(a) of the Shipping Act, 1916;
            ``(2) the vessel meets the requirements of section 27 of 
        the Merchant Marine Act, 1920; and
            ``(3) for a vessel that is at least 5 net tons, the vessel 
        is issued a certificate of documentation under chapter 121 of 
        title 46, United States Code, with a coastwise endorsement.
    ``(b) Exception for Vessel Under Demise Charter.--
            ``(1) In general.--Subsection (a)(1) does not apply to a 
        cruise vessel operating under a demise charter that--
                    ``(A) has a term of at least 18 months; and
                    ``(B) is to a person described in subsection 
                (a)(1).
            ``(2) Extension of period for operation.--A cruise vessel 
        authorized to operate in coastwise trade under paragraph (1) 
        based on a demise charter described in paragraph (1) may 
        operate in that coastwise trade during a period following the 
        termination of the charter of not more than 6 months, if the 
        operation--
                    ``(A) is approved by the Secretary; and
                    ``(B) in accordance with such terms as may be 
                prescribed by the Secretary for that approval.
    ``(c) Exception for Vessel To Be Reflagged.--
            ``(1) Exception.--Subsection (a)(2) and section 
        12106(a)(2)(A) of title 46, United States Code, do not apply to 
        a cruise vessel if--
                    ``(A) the vessel--
                            ``(i) is not documented under chapter 121 
                        of title 46, United States Code, on the date of 
                        enactment of the United States Cruise Vessel 
                        Development Act; and
                            ``(ii) is not less than 5 years old and not 
                        more than 15 years old on the first date that 
                        the vessel is documented under that chapter 
                        after that date of enactment; and
                    ``(B) the owner or charterer of the vessel has 
                entered into a contract for the construction in the 
                United States of another cruise vessel that has a total 
                berth or stateroom capacity that is at least 80 percent 
                of the capacity of the cruise vessel.
            ``(2) Termination of authority to operate.--Paragraph (1) 
        does not apply to a vessel after the date that is 18 months 
        after the date on which a certificate of documentation with a 
        coastwise endorsement is first issued for the vessel after the 
        date of enactment of the United States Cruise Vessel 
        Development Act if, before the end of that 18-month period, the 
        keel of another vessel has not been laid, or another vessel is 
        not at a similar stage of construction, under a contract 
        required for the vessel under paragraph (1)(B).
            ``(3) Extension of period before termination.--The 
        Secretary of Transportation may extend the period under 
        paragraph (2) for not more than 6 months for good cause shown.
    ``(d) Limitation on Operations.--A person (including a related 
person with respect to that person) that owns or charters a cruise 
vessel operating in coastwise trade under subsection (b) or (c) under a 
coastwise endorsement may not operate any vessel between--
            ``(1) any 2 ports served by another cruise vessel that 
        transports passengers in coastwise trade under subsection (a) 
        on the date the Secretary issues the coastwise endorsement; or
            ``(2) the islands of Hawaii.
    ``(e) Penalties.--
            ``(1) Civil penalty.--A person operating a vessel in 
        violation of this section is liable to the United States 
        Government for a civil penalty of $1,000 for each passenger 
        transported in violation of this section.
            ``(2) Forfeiture.--A vessel operated in knowing violation 
        of this section, and its equipment, are liable to seizure by 
        and forfeiture to the United States Government.
            ``(3) Disqualification from coastwise trade.--A person that 
        is required to enter into a construction contract under 
        subsection (c)(1)(B) with respect to a cruise vessel (including 
        any related person with respect to that person) may not own or 
        operate any vessel in coastwise trade after the period 
        applicable under subsection (c)(2) with respect to the cruise 
        vessel, if before the end of that period a keel is not laid and 
        a similar stage of construction is not reached under such a 
        contract.
    ``(f) Definitions.--In this section--
            ``(1) the term `coastwise trade' includes transportation of 
        a passenger between points in the United States, either 
        directly or by way of a foreign port;
            ``(2) the term `cruise vessel' means a vessel that--
                    ``(A) is at least 10,000 gross tons (as measured 
                under chapter 143 of title 46, United States Code);
                    ``(B) has berth or stateroom accommodations for at 
                least 200 passengers; and
                    ``(C) is not a ferry; and
            ``(3) the term `related person' means, with respect to a 
        person--
                    ``(A) a holding company, subsidiary, affiliate, or 
                association of the person; and
                    ``(B) an officer, director, or agent of the person 
                or of an entity referred to in subparagraph (A).''.

SEC. 804. CONSTRUCTION STANDARDS.

    Section 3309 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(d)(1) A vessel described in paragraph (3) is deemed to comply 
with parts B and C of this subtitle.
    ``(2) The Secretary shall issue a certificate of inspection under 
subsection (a) to a vessel described in paragraph (3).
    ``(3) A vessel is described in this paragraph if--
            ``(A) it meets the standards and conditions for the 
        issuance of a control verification certificate to a foreign 
        vessel embarking passengers in the United States;
            ``(B) a coastwise endorsement is issued for the vessel 
        under section 12106 of this title after the date of enactment 
        of the United States Cruise Vessel Development Act; and
            ``(C) the vessel is authorized to engage in coastwise trade 
        by reason of section 8(c) of the Act entitled `An Act to 
        abolish certain fees for official services to American vessels, 
        and to amend the laws relating to shipping commissioners, 
        seamen, and owners of vessels, and for other purposes', 
        approved of June 19, 1886.''.

SEC. 805. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION.

    Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), is 
amended--
            (1) in subsection (a) by inserting ``other than primarily 
        in the transport of passengers,'' after ``the coastwise 
        trade''; and
            (2) by adding at the end the following:
    ``(e) For purposes of determining citizenship under subsection (a) 
with respect to operation of a vessel primarily in the transport of 
passengers in coastwise trade, the controlling interest in a 
partnership or association that owns the vessel shall not be deemed to 
be owned by citizens of the United States unless a majority interest in 
the partnership or association is owned by citizens of the United 
States free from any trust or fiduciary obligation in favor of any 
person that is not a citizen of the United States.''.

SEC. 806. AMENDMENT TO TITLE XI OF THE MERCHANT MARINE ACT, 1936.

    Section 1101(b) of the Merchant Marine Act, 1936 (46 App. U.S.C. 
1271(b)) is amended by striking ``passenger cargo'' and inserting 
``passenger, cargo,''.

SEC. 807. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL PARK SYSTEM.

    (a) Priority.--Notwithstanding any other provision of law, the 
Secretary of the Interior may not permit a person to operate a vessel 
in any unit of the National Park System except in accordance with the 
following priority:
            (1) First, any person that--
                    (A) will operate a vessel that is documented under 
                the laws of, and the home port of which is located in, 
                the United States; or
                    (B) holds rights to provide visitor services under 
                section 1307(a) of the Alaska National Interest Lands 
                Conservation Act (16 U.S.C. 3197(A)).
            (2) Second, any person that will operate a vessel that--
                    (A) is documented under the laws of a foreign 
                country, and
                    (B) on the date of the enactment of this Act is 
                permitted to be operated by the person in the unit.
            (3) Third, any person that will operate a vessel other than 
        a vessel described in paragraph (1) or (2).
    (b) Revocation of Permits for Foreign-Documented Vessels.--The 
Secretary of the Interior shall revoke or refuse to renew permission 
granted by the Secretary for the operation of a vessel documented under 
the laws of a foreign country in a unit of the National Park System, 
if--
            (1) a person requests permission to operate a vessel 
        documented under the laws of the United States in that unit; 
        and
            (2) the permission may not be granted because of a limit on 
        the number of permits that may be issued for that operation.
    (c) Restrictions on Revocation of Permits.--The Secretary of the 
Interior may not revoke or refuse to renew permission under subsection 
(b) for any person holding rights to provide visitor services under 
section 1307(a) of the Alaska National Interest Lands Conservation Act 
(16 U.S.C. 3197(a)).
    (d) Return of Permits.--Any person whose permission to provide 
visitors services in a unit of the National Park System has been 
revoked or not renewed under subsection (b) shall have the right of 
first refusal to a permit to provide visitors services in that unit of 
the National Park System that becomes available when the conditions 
described in subsection (b) no longer apply. Such right shall be 
limited to the number of permits which are revoked or not renewed.

                     TITLE IX--BOATING IMPROVEMENT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Boating Improvement Act of 1994''.

SEC. 902. BOATING SAFETY GRANTS.

    (a) Transfer of Amounts for State Boating Safety Programs.--
            (1) Transfers.--Section 4(b) of the Act of August 9, 1950 
        (16 U.S.C. 777c(b)), is amended to read as follows:
    ``(b)(1) Of the balance of each annual appropriation remaining 
after making the distribution under subsection (a), an amount equal to 
$15,000,000 for fiscal year 1995, $40,000,000 for fiscal year 1996, 
$55,000,000 for fiscal year 1997, and $69,000,000 for each of fiscal 
years 1998 and 1999, shall, subject to paragraph (2), be used as 
follows:
            ``(A) A sum equal to $7,500,000 of the amount available for 
        fiscal year 1995, and a sum equal to $10,000,000 of the amount 
        available for each of fiscal years 1996 and 1997, shall be 
        available for use by the Secretary of the Interior for grants 
        under section 5604(c) of the Clean Vessel Act of 1992. Any 
        portion of such a sum available for a fiscal year that is not 
        obligated for those grants before the end of the following 
        fiscal year shall be transferred to the Secretary of 
        Transportation and shall be expended by the Secretary of 
        Transportation for State recreational boating safety programs 
        under section 13106 of title 46, United States Code.
            ``(B) A sum equal to $7,500,000 of the amount available for 
        fiscal year 1995, $30,000,000 of the amount available for 
        fiscal year 1996, $45,000,000 of the amount available for 
        fiscal year 1997, and $59,000,000 of the amount available for 
        each of fiscal years 1998 and 1999, shall be transferred to the 
        Secretary of Transportation and shall be expended by the 
        Secretary of Transportation for State recreational boating 
        safety programs under section 13106 of title 46, United States 
        Code.
            ``(C) A sum equal to $10,000,000 of the amount available 
        for each of fiscal years 1998 and 1999 shall be available for 
        use by the Secretary of the Interior for--
                    ``(i) grants under section 903(e) of the Boating 
                Improvement Act of 1994; and
                    ``(ii) grants under section 5604(c) of the Clean 
                Vessel Act of 1992.
Any portion of such a sum available for a fiscal year that is not 
obligated for those grants before the end of the following fiscal year 
shall be transferred to the Secretary of Transportation and shall be 
expended by the Secretary of Transportation for State recreational 
boating safety programs under section 13106 of title 46, United States 
Code.
    ``(2)(A) Beginning with fiscal year 1996, the amount transferred 
under paragraph (1)(B) for a fiscal year shall be reduced by the lesser 
of--
            ``(i) the amount appropriated to the Secretary of 
        Transportation for that fiscal year to carry out the purposes 
        of section 13106 of title 46, United States Code, from the Boat 
        Safety Account in the Aquatic Resources Trust Fund established 
        under section 9504 of the Internal Revenue Code of 1986; or
            ``(ii) $35,000,000; or
            ``(iii) for fiscal year 1996 only, $30,000,000.
    ``(B) The amount of any reduction under subparagraph (A) shall be 
apportioned among the several States under subsection (d) by the 
Secretary of the Interior.''.
            (2) Conforming amendment.--Section 5604(c)(1) of the Clean 
        Vessel Act of 1992 (33 U.S.C. 1322 note) is amended by striking 
        ``section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C. 
        777c(b)(2), as amended by this Act)'' and inserting ``section 
        4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1))''.
            (3) Limitation on other distribution.--Notwithstanding any 
        other law, the amount distributed under section 4(a) of the Act 
        of August 9, 1950 (16 U.S.C. 777c(a)), in fiscal year 1996 may 
        not exceed $50,000,000.
    (b) Expenditure of Amounts for State Recreational Boating Safety 
Programs.--Section 13106 of title 46, United States Code, is amended--
            (1) in subsection (a)(1) by striking the first sentence and 
        inserting the following: ``Subject to paragraph (2), the 
        Secretary shall expend under contracts with States under this 
        chapter in each fiscal year for State recreational boating 
        safety programs an amount equal to the sum of the amount 
        appropriated from the Boat Safety Account for that fiscal year 
        plus the amount transferred to the Secretary under section 
        4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1)) for 
        that fiscal year.''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) For expenditure under this chapter for State recreational 
boating safety programs there are authorized to be appropriated to the 
Secretary of Transportation from the Boat Safety Account established 
under section 9503(c)(4) of the Internal Revenue Code of 1986 (26 
U.S.C. 9503(c)(4)) not more than $35,000,000 each fiscal year.''.

SEC. 903. BOATING ACCESS.

    (a) Findings.--The Congress makes the following findings:
            (1) Nontrailerable recreational motorboats contribute 15 
        percent of the gasoline taxes deposited in the Aquatic 
        Resources Trust Fund while constituting less than 5 percent of 
        the recreational vessels in the United States.
            (2) The majority of recreational vessel access facilities 
        constructed with Aquatic Resources Trust Fund moneys benefit 
        trailerable recreational vessels.
            (3) More Aquatic Resources Trust Fund moneys should be 
        spent on recreational vessel access facilities that benefit 
        recreational vessels that are nontrailerable vessels.
    (b) Purpose.--The purpose of this section is to provide funds to 
States for the development of public facilities for transient 
nontrailerable vessels.
    (c) Survey.--Within 18 months after the date of the enactment of 
this Act, any State may complete and submit to the Secretary of the 
Interior a survey which identifies--
            (1) the number and location in the State of all public 
        facilities for transient nontrailerable vessels; and
            (2) the number and areas of operation in the State of all 
        nontrailerable vessels that operate on navigable waters in the 
        State.
    (d) Plan.--Within 6 months after submitting a survey to the 
Secretary of the Interior in accordance with subsection (c), a State 
may develop and submit to the Secretary of the Interior a plan for the 
construction and renovation of public facilities for transient 
nontrailerable vessels to meet the needs of nontrailerable vessels 
operating on navigable waters in the State.
    (e) Grant Program.--
            (1) Matching grants.--The Secretary of the Interior may 
        obligate not less than \1/2\ of the amount made available for 
        each of fiscal years 1998 and 1999 under section 4(b)(1)(C) of 
        the Act of August 9, 1950, as amended by section 902(a)(1) of 
        this title, to make grants to any State to pay not more than 75 
        percent of the cost of constructing or renovating public 
        facilities for transient nontrailerable vessels.
            (2) Priorities.--
                    (A) In general.--In awarding grants under this 
                subsection, the Secretary of the Interior shall give 
                priority to projects that consist of the construction 
                or renovation of public facilities for transient 
                nontrailerable vessels in accordance with a plan 
                submitted by a State submitted under subsection (b).
                    (B) Within state.--In awarding grants under this 
                subsection for projects in a particular State, the 
                Secretary of the Interior shall give priority to 
                projects that are likely to serve the greatest number 
                of nontrailerable vessels.

SEC. 904. DEFINITIONS.

    For the purpose of this title the term--
            (1) ``Act of August 9, 1950'' means the Act entitled ``An 
        Act to provide that the United States shall aid the States in 
        fish restoration and management projects, and for other 
        purposes'', approved August 9, 1950 (16 U.S.C. 777a et seq.);
            (2) ``nontrailerable vessel'' means a recreational vessel 
        greater than 26 feet in length;
            (3) ``public facilities for transient nontrailerable 
        vessels'' means mooring buoys, day-docks, seasonal slips or 
        similar structures located on navigable waters, that are 
        available to the general public and designed for temporary use 
        by nontrailerable vessels;
            (4) ``recreational vessel'' means a vessel--
                    (A) operated primarily for pleasure; or
                    (B) leased, rented, or chartered to another for the 
                latter's pleasure; and
            (5) ``State'' means each of the several States of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, Guam, American Samoa, the United States Virgin 
        Islands, and the Commonwealth of the Northern Mariana Islands.

                   TITLE X--DOCUMENTATION OF VESSELS

SEC. 1001. AUTHORIZATION OF DOCUMENTATION FOR VARIOUS VESSELS

    (a) In General.--Notwithstanding section 27 of the Merchant Marine 
Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App. 
U.S.C. 289), the Act of May 28, 1906 (46 App. U.S.C. 292), and sections 
12106, 12107, and 12108 of title 46, United States Code, the Secretary 
of the department in which the Coast Guard is operating may issue a 
certificate of documentation with appropriate endorsements for the 
vessels listed in subsection (b).
    (b) Vessels Described.--The vessels referred to in subsection (a) 
are the following:
            (1) ABORIGINAL (United States official number 942118).
            (2) ALPHA TANGO (United States official number 945782)
            (3) ANNAPOLIS (United States official number 999008).
            (4) ARTHUR ATKINSON (former United States official number 
        214656).
            (5) ATTITUDE (North Carolina registration number NC3607AN).
            (6) BIG DAD (United States official number 565022).
            (7) BROKEN PROMISE (United States official number 904435).
            (8) CHESAPEAKE (United States official number 999010).
            (9) CHRISSY (Maine registration number ME4778B).
            (10) CONSORT (United States official number 999005).
            (11) CURTIS BAY (United States official number 999007).
            (12) EAGLE MAR (United States official number 575349).
            (13) ENDEAVOR (United States official number 947869).
            (14) FIFTY ONE (United States official number 1020419).
            (15) FIREBIRD (United States official number 253656).
            (16) GIBRALTAR (United States official number 668634).
            (17) HAMPTON ROADS (United States official number 999009).
            (18) ISABELLE (United States official number 600655).
            (19) JAMESTOWN (United States official number 999006).
            (20) JOAN MARIE (North Carolina official number NC2319AV).
            (21) KLIPPER (New York registration number NY8166AN).
            (22) L.R. BEATTIE (United States official number 904161).
            (23) LADY ANGELA (United States official number 933045).
            (24) LADY HAWK (United States official number 961095).
            (25) LADY HELEN (United States official number 527746).
            (26) MANDIRAN (United States official number 939915).
            (27) MEMORY MAKER (Maryland registration number MD8867AW, 
        hull number 3151059).
            (28) OLD HAT (United States official number 508299).
            (29) ORCA (United States official number 504279).
            (30) REEL TOY (United States official number 698383).
            (31) RENDEZVOUS (United States official number 924140).
            (32) SALLIE D (Maryland registration number MD2655A).
            (33) SEAHAWK (United States official number 673537).
            (34) SEAHAWK III (United States official number 996375).
            (35) SEA MISTRESS (United States official number 696806).
            (36) SHAMROCK V (United States official number 900936).
            (37) SILENT WINGS (United States official number 969182).
            (38) SPIRIT OF THE PACIFIC NORTHWEST (Bahamian official 
        number 725338).
            (39) SUNSHINE (United States official number 974320).
            (40) TECUMSEH (United States official number 668633).
            (41) VIKING (former United States official number 224430).
            (42) WOLF GANG II (United States official number 984934).
            (43) A hopper barge owned by Foley & Foley Marine 
        Contractors, Inc. (United States official number 264959).
            (44) Each of 2 barges owned by Roen Salvage Co., numbered 
        103 and 203.
            (45) Each of 3 spud barges owned by Dan's Excavating, Inc., 
        as follows:
                    (A) Spud barge 102 (United States official number 
                1021958).
                    (B) Spud barge 103 (United States official number 
                1021960).
                    (C) Spud barge 968 (United States official number 
                1021959).
            (46) Each of 3 barges owned by Harbor Marine Corporation of 
        Rhode Island, as follows:
                    (A) HARBOR 223 (approximately 110 feet in length).
                    (B) GENE ELIZABETH (approximately 200 feet in 
                length).
                    (C) HARBOR 221 (approximately 90 feet in length).
            (47) SMALLEY 6808 Amphibious Dredge (Florida registration 
        number FL1855FF).
            (48) TOO MUCH FUN (United States official number 936565).

SEC. 1002. AUTHORIZATION OF DOCUMENTATION FOR THE ATLANTIS III.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and 
section 12106 of title 46, United States Code, the Secretary of the 
department in which the Coast Guard is operating may issue a 
certificate of documentation with appropriate coastwise endorsement for 
employment in the coastwise trade in Alaska during the period beginning 
May 1, 1995, and ending October 31, 1996, for the vessel ATLANTIS III 
(Canadian official number CG006455).

SEC. 1003. AUTHORIZATION OF SALE AND REREGISTRATION.

    Notwithstanding any other law or agreement with the United States 
Government, the vessels SS LAKE CHARLES (United States official number 
619531) and SS LOUISIANA (United States official number 619532) may be 
sold to a person that is not a citizen of the United States and 
transferred to or placed under a foreign registry if an application to 
authorize payment of operating-differential subsidy to the vessels is 
not approved by December 15, 1994.

SEC. 1004. VESSEL DOCUMENTATION FOR CHARITY CRUISES.

    (a) Authority To Document Vessels.--
            (1) In general.--Notwithstanding section 27 of the Merchant 
        Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886 
        (46 App. U.S.C. 289), and section 12106 of title 46, United 
        States Code, and subject to paragraph (2), the Secretary of the 
        department in which the Coast Guard is operating may issue a 
        certificate of documentation with a coastwise endorsement for 
        each of the vessels--
                    (A) GALLANT LADY (Feadship hull number 645, 
                approximately 130 feet in length); and
                    (B) GALLANT LADY (Feadship hull number 651, 
                approximately 172 feet in length).
            (2) Limitation on operation.--Coastwise trade authorized 
        under a certificate of documentation issued for a vessel under 
        this section shall be limited to carriage of passengers in 
        association with contributions to charitable organizations no 
        portion of which is received, directly or indirectly, by the 
        owner of the vessel.
            (3) Condition.--The Secretary may not issue any certificate 
        of documentation under paragraph (1) unless the owner of the 
        vessel referred to in paragraph (1)(A) (in this section 
        referred to as the ``owner''), within 90 days after the date of 
        the enactment of this Act, submits to the Secretary a letter 
        expressing the intent of the owner to enter into a contract 
        before October 1, 1996, for construction in the United States 
        of a passenger vessel of at least 130 feet in length.
            (4) Effective date of certificates.--A certificate of 
        documentation issued under paragraph (1)--
                    (A) for the vessel referred to in paragraph (1)(A), 
                shall take effect on the date of issuance of the 
                certificate; and
                    (B) for the vessel referred to in paragraph (1)(B), 
                shall take effect on the date of delivery of the vessel 
                to the owner.
    (b) Termination of Effectiveness of Certificates.--A certificate of 
documentation issued for a vessel under section (a)(1) shall expire--
            (1) on the date of the sale of the vessel by the owner;
            (2) on October 1, 1996, if the owner has not entered into a 
        contract for construction of a vessel in accordance with the 
        letter of intent submitted to the Secretary under subsection 
        (a)(3); and
            (3) on any date on which such a contract is breached, 
        rescinded, or terminated (other than for completion of 
        performance of the contract) by the owner.

SEC. 1005. EXTENSION OF DEADLINE FOR THE M/V TWIN DRILL.

    Section 601(d) of Public Law 103-206 is amended by striking ``June 
30'' in subpart (3) and inserting ``December 31'' and by striking 
``12'' in subpart (4) and inserting ``18''.

       TITLE XI--UNITED STATES PASSENGER VESSEL FLAG ACT OF 1994

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``United States-Flag Passenger 
Vessel Act of 1994''.

SEC. 1102. COASTWISE TRANSPORTATION OF PASSENGERS.

    (a) In General.--Section 8 of the Act of June 19, 1886 (46 App. 
U.S.C. 289), is amended--
            (1) by inserting ``(a)'' after ``Sec. 8.''; and
            (2) by adding at the end the following new subsections:
    ``(b) Voyages-To-Nowhere.--
            ``(1) In general.--Notwithstanding any other law, a vessel 
        may transport passengers on a covered voyage from a place in 
        the United States subject to the coastwise trade laws only if--
                    ``(A) the vessel is owned by a person that is--
                            ``(i) an individual who is a citizen of the 
                        United States; or
                            ``(ii) a corporation, partnership, or 
                        association that is a citizen of the United 
                        States under section 2(a) of the Shipping Act, 
                        1916; and
                    ``(B) for a vessel that is at least 5 net tons, the 
                vessel is documented under chapter 121 of title 46, 
                United States Code, with a coastwise endorsement.
            ``(2) Penalties.--
                    ``(A) Civil penalty.--A person operating a vessel 
                in violation of this subsection is liable to the United 
                States Government for a civil penalty of $1,000 for 
                each passenger transported in violation of this 
                subsection.
                    ``(B) Forfeiture.--A vessel operated in knowing 
                violation of this subsection, and its equipment, are 
                liable to seizure by and forfeiture to the United 
                States Government.
    ``(c) Definitions.--For purposes of this section--
            ``(1) the term `covered voyage' means transportation of a 
        passenger from a place in any State or possession of the United 
        States and returning to that place, if during that 
        transportation no passenger departs from the vessel in a 
        foreign country; and
            ``(2) the term `passenger' does not include a travel agent 
        on a voyage if--
                    ``(A) the purpose of the voyage is to promote 
                future trips on the vessel;
                    ``(B) money is not paid to the vessel owner or 
                charterer for the voyage; and
                    ``(C) the voyage goes beyond the territorial sea of 
                the United States.''.
    (b) Exception.--
            (1) In general.--Notwithstanding the amendments made by 
        subsection (a), an ineligible vessel may engage in transport of 
        passengers in coastwise trade (as those terms are defined in 
        those amendments) on a trade route, if--
                    (A) the vessel engaged, in the period beginning 
                January 1, 1990, and ending March 9, 1993, in transport 
                of passengers in coastwise trade on that trade route; 
                and
                    (B) within one year after the date of the enactment 
                of this Act, the owner files with the Secretary of 
                Transportation an affidavit certifying compliance with 
                subparagraph (A) and listing each trade route on which 
                the vessel engaged in transport of passengers in 
                coastwise trade in the period described in subparagraph 
                (A).
            (2) Scheduled expiration of exception.--Paragraph (1) does 
        not apply to an ineligible vessel after the later of--
                    (A) January 1, 2000,
                    (B) the date that is 15 years after the date of 
                completion of construction of the vessel, or
                    (C) the date that is 15 years after the date of 
                completion of any major conversion of the vessel that 
                is begun before the date of the enactment of this Act.
            (3) Expiration of exception for failure to recrew.--
        Paragraph (1) does not apply to an ineligible vessel after the 
        date that is 5 years after the date of the enactment of this 
        Act, unless--
                    (A) each individual employed on the vessel after 
                the one-year period beginning on the date of the 
                enactment of this Act is either a citizen of the United 
                States or an alien lawfully admitted to the United 
                States for permanent residence; and
                    (B) not more than 25 percent of the total number of 
                individuals employed on the vessel after the one-year 
                period beginning on the date of the enactment of this 
                Act are aliens lawfully admitted to the United States 
                for permanent residence.
            (4) Termination of exception upon entry of replacement.--
        Paragraph (1) does not apply to an ineligible vessel with 
        respect to a trade route after the date of the entry into 
        service on that trade route of an eligible vessel, if--
                    (A) the eligible vessel has a passenger carrying 
                capacity that is equal to at least 75 percent of the 
                passenger carrying capacity of the ineligible vessel, 
                as determined by the Secretary of the Department in 
                which the Coast Guard is operating;
                    (B) the person that is the owner or charterer of 
                the eligible vessel submits to the Secretary of 
                Transportation, by not later than 270 days before the 
                date of that entry into service--
                            (i) a notice of the intent of the person to 
                        enter into that service; and
                            (ii) such evidence as the Secretary may 
                        require that the person is offering and 
                        advertising that service;
                    (C) any individual employed on the ineligible 
                vessel after the one-year period beginning on the date 
                of the enactment of this Act--
                            (i) is not a citizen of the United States; 
                        and
                            (ii) is not an alien lawfully admitted to 
                        the United States for permanent residence; and
                    (D) more than 25 percent of the total number of 
                individuals employed on the ineligible vessel after the 
                one-year period beginning on the date of the enactment 
                of this Act are aliens lawfully admitted to the United 
                States for permanent residence.
            (5) Termination of exception upon sale of vessel.--
        Paragraph (1) does not apply to an ineligible vessel after any 
        date on which the vessel is sold after the date of the 
        enactment of this Act.
            (6) Definitions.--In this subsection--
                    (A) the term ``eligible vessel'' means a vessel 
                that is eligible under chapter 121 of title 46, United 
                States Code, for a certificate of documentation 
                authorizing the vessel to engage in coastwise trade;
                    (B) the term ``ineligible vessel'' means a vessel 
                that is not eligible under chapter 121 of title 46, 
                United States Code, for a certificate of documentation 
                authorizing the vessel to engage in coastwise trade; 
                and
                    (C) the term ``major conversion'' has the meaning 
                that term has under section 2101 of title 46, United 
                States Code.

SEC. 1103. DOCUMENTATION OF VESSELS.

    (a) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and 
sections 12106 and 12107 of title 46, United States Code, the Secretary 
of Transportation may issue certificates of documentation with 
appropriate endorsement for employment in the coastwise trade for the 
vessel M/V Helton Voyager (Spanish registration lista 2A-Folio-592) 
if--
            (1) the person documenting the vessel entered a contract 
        before May 21, 1992, to purchase the vessel;
            (2) the vessel undergoes a major conversion (as defined in 
        section 2101 of title 46, United States Code) in a United 
        States shipyard under a contract signed before January 1, 1994;
            (3) the cost of the major conversion is more than the value 
        of the vessel before the major conversion; and
            (4) the major conversion is completed and the vessel is 
        documented under chapter 121 of title 46, United States Code, 
        with a coastwise endorsement before January 1, 1995.
    (b)(1) The vessel Star of Texas (Lloyds register number L5103936) 
may engage in coastwise trade out of the Port of Galveston during the 
5-year period beginning on the date of the enactment of this Act, if 
during the period beginning 30 days after that date of enactment and 
ending 5 years after that date of enactment--
            (A) at least 60 employees engaged on the vessel are United 
        States citizens;
            (B) of the employees engaged on the vessel who are United 
        States citizens, at least 60 are proficient in lifeboat 
        training, firefighting, and vessel evacuation under standards 
        certified by the United States Coast Guard;
            (C) all repairs and alterations to the vessel are done in 
        United States shipyards;
            (D) the vessel is a United States documented vessel before 
        the end of that period; and
            (E) all other employees are instructed in basic safety 
        techniques.
    (2) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883) and section 12106 of title 46, United States Code, and 
subject to paragraph (1), the Secretary of Transportation may issue a 
certificate of documentation with appropriate endorsement for 
employment in the coastwise trade in the period described in paragraph 
(1) for a vessel described in that paragraph.

            Passed the House of Representatives September 22, 1994.

            Attest:

                                                                 Clerk.
                                     

103d CONGRESS

  2d Session

                               H. R. 4422

_______________________________________________________________________

                                 AN ACT

 To authorize appropriations for fiscal year 1995 for the Coast Guard, 
                        and for other purposes.
```