★

103D CONGRESS

2D SESSION H. R. 4422

AN ACT

To authorize appropriations for fiscal year 1995 for the

Coast Guard, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Coast Guard Author5 ization Act of 1994’’.

6 TITLE I—AUTHORIZATIONS

7 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

8 Funds are authorized to be appropriated for nec9 essary expenses of the Coast Guard for fiscal year 1995,

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

2 Coast Guard, $2,630,505,000, of which $25,000,000

3 shall be derived from the Oil Spill Liability Trust

4 Fund.

5 (2) For the acquisition, construction, rebuild6 ing, and improvement of aids to navigation, shore

7 and offshore facilities, vessels, and aircraft, includ8 ing equipment related thereto, $439,200,000, to re9 main available until expended, of which $32,500,000

10 shall be derived from the Oil Spill Liability Trust

11 Fund to carry out the purposes of section

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

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

15 directly relating to improving the performance of the

16 Coast Guard’s mission in support of search and res17 cue, aids to navigation, marine safety, marine envi18 ronmental protection, enforcement of laws and trea19 ties, ice operations, oceanographic research, and de20 fense readiness, $20,310,000, to remain available

21 until expended, of which—

22 (A) $3,150,000 shall be derived from the

23 Oil Spill Liability Trust Fund; and

24 (B) $1,500,000 is authorized to conduct,

25 in cooperation with appropriate Federal and
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1 State agencies, local maritime education organi2 zations, and local marine industry representa3 tives, a demonstration project on the lower Mis4 sissippi River and in the Houston Ship Channel

5 to study the effectiveness of currently available

6 Electronic Chart Display and Information Sys7 tems (ECDIS) and Electronic Chart Systems

8 (ECS) for use on commercial vessels.

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

10 obligations otherwise chargeable to lapsed appropria11 tions for this purpose), payments under the Retired

12 Serviceman’s Family Protection and Survivor Bene13 fit Plans, and payments for medical care of retired

14 personnel and their dependents under chapter 55 of

15 title 10, United States Code, $562,585,000.

16 (5) For alteration or removal of bridges over

17 navigable waters of the United States constituting

18 obstructions to navigation, and for personnel and

19 administrative costs associated with the Bridge Al20 teration Program, $13,000,000, to remain available

21 until expended.

22 (6) For environmental compliance and restora23 tion at Coast Guard facilities, $25,000,000, to re24 main available until expended.
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1 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

2 AND TRAINING.

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

4 authorized an end-of-year strength for active duty person5 nel of 39,000 as of September 30, 1995. The authorized

6 strength does not include members of the Ready Reserve

7 called to active duty for special or emergency augmenta8 tion of regular Coast Guard forces for periods of 180 days

9 or less.

10 (b) MILITARY TRAINING STUDENT LOADS.—For fis11 cal year 1995, the Coast Guard is authorized average mili12 tary training student loads as follows:

13 (1) For recruit and special training, 2,000 stu14 dent years.

15 (2) For flight training, 133 student years.

16 (3) For professional training in military and ci17 vilian institutions, 344 student years.

18 (4) For officer acquisition, 955 student years.

19 SEC. 103. DRUG INTERDICTION ACTIVITIES.

20 In addition to amounts otherwise authorized by this

21 Act, there are authorized to be appropriated to the Sec22 retary of Transportation for operation and maintenance

23 expenses of Coast Guard drug interdiction activities

24 $21,000,000 for fiscal year 1995.
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1 TITLE II—PERSONNEL

2 MANAGEMENT IMPROVEMENT

3 SEC. 201. HURRICANE ANDREW RELIEF.

4 Section 2856 of the National Defense Authorization

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

6 to the military personnel of the Coast Guard who were

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

8 Federal facility or installation in the vicinity of Homestead

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

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

11 24, 1992, except that—

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

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

14 (2) the Secretary of Transportation shall ad15 minister that section with respect to such personnel.

16 SEC. 202. DISSEMINATION OF RESULTS OF 0–6 CONTINU17 ATION BOARDS.

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

19 amended by striking ‘‘Upon approval by the President, the

20 names of the officers selected for continuation on active

21 duty by the board shall be promptly disseminated to the

22 service at large.’’.
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1 SEC. 203. EXCLUDE CERTAIN RESERVES FROM END-OF2 YEAR STRENGTH.

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

4 amended by adding at the end the following:

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

6 this section shall not be counted in computing authorized

7 strength of members on active duty or members in grade

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

9 SEC. 204. PROVISION OF CHILD DEVELOPMENT SERVICES.

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

11 amended by inserting after section 514 the following new

12 section:

13 ‘‘§ 515. Child development services

14 ‘‘(a) The Commandant may make child development

15 services available for members and civilian employees of

16 the Coast Guard, and thereafter as space is available for

17 members of the Armed Forces and Federal civilian em18 ployees. Child development services benefits provided

19 under this section shall be in addition to benefits provided

20 under other laws.

21 ‘‘(b)(1) Except as provided in paragraph (2), the

22 Commandant may require that amounts received as fees

23 for the provision of child development services under this

24 section at Coast Guard child development centers be used

25 only for compensation of Coast Guard child development
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1 center employees who are directly involved in providing

2 child care.

3 ‘‘(2) If the Commandant determines that compliance

4 with the limitation in paragraph (1) would result in an

5 uneconomical and inefficient use of amounts received as

6 such fees, the Commandant may (to the extent that such

7 compliance would be uneconomical and inefficient) use

8 such amounts—

9 ‘‘(A) for the purchase of consumable or dispos10 able items for Coast Guard child development cen11 ters; and

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

13 consumable or disposable items for a given fiscal

14 year have been met, for other expenses of those

15 centers.

16 ‘‘(c) The Commandant may use Department of De17 fense or other training programs to insure that all child

18 development services providers under this section meet

19 minimum standards.

20 ‘‘(d) The Commandant may provide assistance to

21 members and civilian employees of the Coast Guard for

22 obtaining services of qualified family home child develop23 ment services providers. The cost per child to the Coast

24 Guard of obtaining those services may not exceed the aver25 age of the cost per child incurred by the Coast Guard for
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1 child development services provided at all Coast Guard

2 child development centers.

3 ‘‘(e)(1) Of the amounts available to the Coast Guard

4 each fiscal year for operating expenses (and in addition

5 to amounts received as fees), the Secretary shall use for

6 child development services under this section an amount

7 equal to the total amount the Commandant estimates will

8 be received by the Coast Guard in the fiscal year as fees

9 for the provision of those services.

10 ‘‘(2) The amount of funds used under paragraph (1)

11 each fiscal year shall not exceed $1,000,000.

12 ‘‘(f) For purposes of this section, the term ‘Coast

13 Guard child development center’ does not include a child

14 care services facility for which space is allotted under sec15 tion 616 of the Act of December 22, 1987 (40 U.S.C.

16 490b).

17 ‘‘(g) The Secretary shall promulgate regulations to

18 implement this section. The regulations shall establish fees

19 to be charged for child development services provided

20 under this section which are based on total family in21 come.’’.

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

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

24 Code, is amended by inserting after the item related to

25 section 514 the following:

‘‘515. Child development services.’’.
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1 TITLE III—NAVIGATION SAFETY

2 AND WATERWAY SERVICES

3 MANAGEMENT

4 SEC. 301. FOREIGN PASSENGER VESSEL USER FEES.

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

6 amended—

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

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

9 (2) by striking subsection (b).

10 SEC. 302. DOCUMENTATION VIOLATIONS.

11 (a) CIVIL PENALTIES.—Section 12122(a) of title 46,

12 United States Code, is amended by striking ‘‘$500’’ and

13 inserting ‘‘$25,000’’.

14 (b) SEIZURE AND FORFEITURE.—

15 (1) IN GENERAL.—Section 12122(b) of title 46,

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

17 ‘‘(b) A vessel and its equipment are liable to seizure

18 by and forfeiture to the United States Government, if—

19 ‘‘(1) the owner of the vessel or a representative

20 or agent of the owner knowingly falsifies or conceals

21 a material fact, or makes a false statement or rep22 resentation about the documentation or in applying

23 for documentation of the vessel;

24 ‘‘(2) a certificate of documentation is knowingly

25 and fraudulently used for the vessel;
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1 ‘‘(3) the vessel is operated after its endorsement

2 has been denied or revoked under section 12123 of

3 this title;

4 ‘‘(4) the vessel is employed in a trade without

5 an appropriate trade endorsement; or

6 ‘‘(5) in the case of a documented vessel with

7 only a recreational endorsement, the vessel is oper8 ated other than for pleasure.’’.

9 (2) CONFORMING AMENDMENT.—Section

10 12122(c) of title 46, United States Code, is re11 pealed.

12 (c) LIMITATION ON OPERATION OF VESSEL WITH

13 ONLY RECREATIONAL ENDORSEMENT.—Section 12110(c)

14 of title 46, United States Code, is repealed.

15 (d) TERMINATION OF RESTRICTION ON COMMAND OF

16 RECREATIONAL VESSELS.—

17 (1) TERMINATION OF RESTRICTION.—Sub18 section (d) of section 12110 of title 46, United

19 States Code, is amended—

20 (A) by inserting ‘‘, other than a vessel with

21 only a recreational endorsement operating with22 in the territorial waters of the United States,’’

23 after ‘‘A documented vessel’’; and

24 (B) by redesignating that subsection as

25 subsection (c).
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1 (2) CONFORMING AMENDMENT.—Section

2 12111(a)(2) of title 46, United States Code, is

3 amended by inserting before the period the follow4 ing: ‘‘in violation of section 12110(c) of this title’’.

5 SEC. 303. CLERICAL AMENDMENT.

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

7 amended—

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

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

10 the chapter by striking the first item relating to sec11 tion 12123.

12 SEC. 304. BATON ROUGE RESCUE AND PATROL VESSEL.

13 Beginning not later than 60 days after the date of

14 the enactment of this Act, the Commandant of the Coast

15 Guard shall operate a rescue and patrol vessel on the Mis16 sissippi River in the vicinity of Baton Rouge, Louisiana,

17 to support Coast Guard rescue, law enforcement, marine

18 safety, marine environmental protection, and port security

19 missions.

20 SEC. 305. FLORIDA AVENUE BRIDGE.

21 For purposes of the alteration of the Florida Avenue

22 Bridge (located approximately 1.63 miles east of the Mis23 sissippi River on the Gulf Intracoastal Waterway in Orle24 ans Parish, Louisiana) ordered by the Secretary of Trans25 portation under the Act of June 21, 1940 (33 U.S.C. 511
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1 et seq.; popularly known as the Truman-Hobbs Act), the

2 Secretary shall treat the drainage siphon that is adjacent

3 to the bridge as an appurtenance of the bridge, including

4 with respect to apportionment and payment of costs for

5 the removal of the drainage siphon in accordance with that

6 Act.

7 SEC. 306. RENEWAL OF HOUSTON-GALVESTON NAVIGATION

8 SAFETY ADVISORY COMMITTEE AND LOWER

9 MISSISSIPPI RIVER WATERWAY ADVISORY

10 COMMITTEE.

11 The Coast Guard Authorization Act of 1991 (Public

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

13 (1) in section 18 by adding at the end the fol14 lowing:

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

16 1999.’’; and

17 (2) in section 19 by adding at the end the fol18 lowing:

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

20 1999.’’.

21 SEC. 307. LIMITATION ON CONSOLIDATION OF HOUSTON

22 AND GALVESTON MARINE SAFETY OFFICES.

23 The Secretary of Transportation may not consolidate

24 the Coast Guard Marine Safety Offices in Galveston,

25 Texas, and Houston, Texas.
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1 SEC. 308. RESPONSE EXERCISE PROGRAM AT MASSACHU2 SETTS MARITIME ACADEMY.

3 The Coast Guard shall designate the Center for Ma4 rine Environmental Protection and Safety at the Massa5 chusetts Maritime Academy as a regional facility for the

6 conduct and evaluation of annual response area manage7 ment team exercises for two response areas in the East

8 Coast in accordance with the Preparedness for Response

9 Exercise Program established by the Coast Guard.

10 SEC. 309. PROHIBITION ON DECOMMISSIONING ICE11 BREAKER MACKINAW.

12 (a) PROHIBITION.—The Secretary of Transportation

13 may not decommission the Coast Guard cutter MACKI14 NAW until the later of—

15 (1) 1 year after transmitting to the Congress

16 the report required under subsection (d); or

17 (2) October 1, 1995.

18 (b) REQUIREMENT TO MAINTAIN BILLETS.—The

19 Secretary shall during fiscal year 1995 maintain on the

20 Coast Guard cutter MACKINAW the same number of bil21 lets as were maintained on that vessel during fiscal year

22 1994.

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated to the Secretary of Trans25 portation $4,500,000 for fiscal year 1995, to remain avail-
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1 able until expended, for operations and maintenance of the

2 Coast Guard cutter MACKINAW.

3 (d) STUDY AND REPORT.—Not later than 6 months

4 after the date of enactment of this Act, the Secretary of

5 Transportation shall conduct a study and submit a report

6 to the Congress containing findings and recommendations

7 on the icebreaking needs of the Great Lakes and the ap8 propriate size and type of vessel or vessels to meet those

9 needs. In conducting the study, the Secretary shall—

10 (1) consult with—

11 (A) Great Lakes carriers, shippers, and

12 port authorities, including the Lake Carriers

13 Association;

14 (B) the Great Lakes Commission;

15 (C) the Governors of States bordering the

16 Great Lakes;

17 (D) local governments in States bordering

18 the Great Lakes; and

19 (E) interested private persons;

20 (2) determine the average and maximum ice

21 conditions in the Great Lakes over the past 10

22 years;

23 (3) determine the size and type of vessel or ves24 sels necessary to clear shipping channels in the aver-
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1 age and maximum ice conditions determined under

2 paragraph (2);

3 (4) evaluate whether any Coast Guard vessel

4 stationed on the Great Lakes, other than the

5 MACKINAW, can safely conduct search and rescue

6 missions in 25-foot seas;

7 (5) evaluate the feasibility of operating the

8 Coast Guard icebreaker MACKINAW on a seasonal

9 basis;

10 (6) evaluate the feasibility of building an ice11 strengthened Juniper Class buoy tender to replace

12 the icebreaking services performed by the MACKI13 NAW; and

14 (7) evaluate the feasibility of entering into a

15 long-term contract for icebreaking services to replace

16 the icebreaking services performed by the MACKI17 NAW.

18 (e) AUTHORIZATION FOR RECOMMENDATIONS.—If,

19 after transmitting the report required in subsection (d),

20 the Secretary determines that—

21 (1) in addition to previously authorized Juniper

22 Class buoy tenders, building an ice-strengthened Ju23 niper Class buoy tender is the most feasible means

24 of providing icebreaking service on the Great Lakes,

25 the Secretary may, subject to the availability of ap-
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1 propriations, enter into a contract for the construc2 tion of an ice-strengthened Juniper Class buoy ten3 der; or

4 (2) entering into a long-term contract for

5 icebreaking services is the most feasible means of

6 providing icebreaking services on the Great Lakes,

7 the Secretary may, subject to the availability of ap8 propriations, enter into such a long-term contract.

9 SEC. 310. REQUIREMENT TO OPERATE USCGC TACKLE IN

10 CRISFIELD, MARYLAND.

11 The Secretary of Transportation shall continue to op12 erate the USCGC TACKLE (WYTL 65604) in the vicin13 ity of Crisfield, Maryland, until October 1, 1995.

14 SEC. 311. BUY AMERICAN REQUIREMENT FOR SURFACE

15 SEARCH RADAR SYSTEMS AND MULTIBEAM

16 SONAR.

17 Notwithstanding any other law, at least 51 percent

18 of the components of surface search radar systems and

19 multibeam sonar systems for Coast Guard vessels shall be

20 manufactured in the United States, provided the United

21 States manufacturer offers the Coast Guard a competitive

22 price.

23 SEC. 312. CONVEYANCE OF PROPERTY.

24 (a) REQUIREMENT.—The Secretary of Transpor25 tation (or any other official having control over the prop-
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1 erty described in subsection (b)) shall expeditiously convey

2 to the Traverse City Area Public School District in Tra3 verse City, Michigan, without consideration, all right, title,

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

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

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

7 (b) PROPERTY DESCRIBED.—The property referred

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

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

consisting of that part of the southeast 1 10 ⁄4 of Section 12,

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

13 thence north 03 degrees 05 minutes 25 seconds east along

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

15 86 degrees 36 minutes 50 seconds west 207.66 feet,

16 thence north 03 degrees 06 minutes 00 seconds east

17 572.83 feet to the point of beginning, thence north 86 de18 grees 54 minutes 00 seconds west 1,751.04 feet, thence

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

20 thence north 24 degrees 04 minutes 40 seconds east

21 439.86 feet, thence south 86 degrees 56 minutes 15 sec22 onds east 116.62 feet, thence north 03 degrees 08 minutes

23 45 seconds east 200.00 feet, thence south 87 degrees 08

24 minutes 20 seconds east 68.52 feet, to the southerly right25 of-way of the C & O Railroad, thence south 65 degrees
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1 54 minutes 20 seconds east along said right-of-way

2 1508.75 feet, thence south 03 degrees 06 minutes 00 sec3 onds west 400.61 to the point of beginning, consisting of

4 27.10 acres of land, and all improvements located on that

5 property including buildings, structures, and equipment.

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

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

8 any conveyance of property described in subsection (b)

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

10 interest in and to the property so conveyed shall imme11 diately revert to the United States if the property, or any

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

13 District.

14 TITLE IV—MISCELLANEOUS

15 SEC. 401. SPECIAL RECRUITING AUTHORITY TO ACHIEVE

16 DIVERSITY.

17 (a) FINDINGS.—The Congress makes the following

18 findings:

19 (1) Women and minorities have historically

20 been underrepresented in the Coast Guard officer

21 corps and at the United States Coast Guard Acad22 emy.

23 (2) The number of women and minorities occu24 pying leadership positions in the United States
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1 Coast Guard should reflect the proportion of women

2 and minorities in the total population.

3 (3) Notwithstanding application of traditional

4 recruiting programs, the Coast Guard has not been

5 able to rectify the historic underrepresentation of

6 women and minorities in the service and at the

7 Academy.

8 (4) Cultural bias in standardized testing or

9 grading procedures may adversely affect the ability

10 of minorities to compete successfully for admission

11 to the United States Coast Guard Academy.

12 (5) The education and professional training

13 provided at the United States Coast Guard Academy

14 will be enhanced by the benefits that flow from a di15 verse student body.

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

17 States Code, is amended—

18 (1) in paragraph (t)(2) by striking ‘‘and’’ after

19 the semicolon;

20 (2) in paragraph (u) by striking the period and

21 inserting ‘‘; and’’; and

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

23 ‘‘(v) for the purposes of rectifying

24 underrepresentation or underutilization of women

25 and minorities in the Coast Guard and meeting iden-
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1 tified personnel resource requirements and training

2 needs—

3 ‘‘(1) conduct studies and analyses on Coast

4 Guard personnel resource and training needs;

5 and

6 ‘‘(2) employ special programs for recruit7 ing women and minorities, including, subject to

8 appropriations, provision of financial assistance

9 by grant, cooperative agreement, contract, or

10 otherwise, to public or private associations, or11 ganizations, or individuals to implement na12 tional or local outreach programs.’’.

13 SEC. 402. OFFICER RETENTION UNTIL RETIREMENT ELIGI14 BLE.

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

16 amended—

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

18 (2) by striking the last sentence; and

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

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

21 (1), an officer shall, unless selected for further continu22 ation—

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

24 be honorably discharged with severance pay com25 puted under section 286 of this title;
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1 ‘‘(B) in the case of an officer who has com2 pleted at least 18 years of active service on the date

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

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

5 in which the officer completes 20 years of active

6 service, unless earlier removed under another provi7 sion of law; or

8 ‘‘(C) if eligible for retirement under any law, be

9 retired.’’.

10 SEC. 403. REPORT RECOMMENDING ACTIONS FOR THE

11 PROTECTION OF THE ENDANGERED NORTH12 ERN RIGHT WHALE.

13 Not later than 6 months after the date of the enact14 ment of this Act, the Secretary of Transportation, in con15 sultation with the Secretary of Commerce, shall submit a

16 report to the Committee on Merchant Marine and Fish17 eries of the House of Representatives and the Committee

18 on Commerce, Science, and Transportation of the Senate

19 recommending actions to prevent mortalities of the north20 ern right whale from vessel collisions in the Great South

21 Channel off Cape Cod, Massachusetts. The report shall

22 include—

23 (1) recommendations for actions that could be

24 undertaken by the Coast Guard and the Inter25 national Maritime Organization, including—
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1 (A) the designation of 1 or more areas to

2 be avoided;

3 (B) the shifting of the traffic separation

4 scheme in the Great South Channel; or

5 (C) other measures the Secretary considers

6 appropriate; and

7 (2) if appropriate, a schedule for submitting

8 those recommendations to the International Mari9 time Organization.

10 SEC. 404. CONTINUING OBLIGATION TO PROVIDE DOCU11 MENTATION INFORMATION AT EXISTING LO12 CATIONS.

13 The Secretary of Transportation shall, until October

14 1, 1999, maintain an ability, at Coast Guard offices that

15 are located in the immediate vicinity of former regional

16 vessel documentation offices, to assist the public with in17 formation on obtaining, altering, and renewing the docu18 mentation of a vessel and on vessel documentation laws

19 and regulations generally.

20 SEC. 405. PROHIBITION ON STATION CLOSURES AND VES21 SEL AND AIRCRAFT DECOMMISSIONINGS IN

22 FY 1995.

23 In fiscal year 1995, the Secretary of Transportation

24 may not close or consolidate any shore unit, including any

25 multimission small boat station, and may not decommis-
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1 sion any vessel or aircraft, based in whole or in part on

2 the increased costs resulting from inclusion of the Coast

3 Guard in the military pay raise for fiscal year 1995 or

4 the cost-of-living allowance for members of the uniformed

5 services assigned to high cost areas in the continental

6 United States under the National Defense Authorization

7 Act for Fiscal Year 1995.

8 SEC. 406. CONTINUATION OF THE COMMERCIAL FISHING

9 INDUSTRY VESSEL ADVISORY COMMITTEE.

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

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

12 1994’’ and inserting ‘‘October 1, 1999’’.

13 SEC. 407. PROHIBITION ON DIVERSION OF DRUG INTERDIC14 TION FUNDS.

15 The Secretary of Transportation may not reduce the

16 level of Coast Guard drug interdiction below the level pro17 posed by the President in the Fiscal Year 1995 budget.

18 SEC. 408. PROHIBITION ON STATION CLOSURES.

19 (a) PROHIBITION.—The Secretary of Transportation

20 may not close or consolidate any multimission small boat

21 station in fiscal year 1995 until the Secretary has submit22 ted a list of proposed station closures to the Committee

23 on Merchant Marine and Fisheries of the House of Rep24 resentatives and to the Committee on Commerce, Science,

25 and Transportation of the Senate.
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1 (b) DEADLINE FOR SUBMISSION.—The Secretary

2 shall submit such list at least 60 days prior to any such

3 closure or consolidation.

4 SEC. 409. RENEWAL OF THE NAVIGATION SAFETY ADVI5 SORY COUNCIL.

6 Section 5 of the Inland Navigational Rules Act of

7 1980 (33 U.S.C. 2073) is amended in subsection (d) by

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

9 30, 2000’’.

10 SEC. 410. 47-FOOT MOTOR LIFEBOAT ACQUISITION PRO11 GRAM.

12 The Secretary of Transportation shall ensure that the

13 Coast Guard 47–foot Motor Lifeboat acquisition is accom14 plished in accordance with the laws and regulations appli15 cable to small business set asides.

16 SEC. 411. COAST GUARD RESERVE PEACETIME REQUIRE17 MENTS PLAN.

18 No later than February 1, 1995, the Secretary of

19 Transportation shall submit to the Committee on Mer20 chant Marine and Fisheries of the House of Representa21 tives and the Committee on Commerce, Science, and

22 Transportation of the Senate a plan to more fully utilize

23 the Coast Guard Selected Reserve to augment peacetime

24 operations. As part of the plan, the Secretary shall in25 clude—
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1 (1) methods to deliver more cost-effective Coast

2 Guard services by supplementing active duty person3 nel with Coast Guard reservists while preserving the

4 current level of service to the public;

5 (2) methods to more fully integrate the Coast

6 Guard Reserve in peacetime Coast Guard programs,

7 including, but not limited to, search and rescue, ma8 rine safety, and marine environmental protection;

9 (3) the most effective command structure for

10 the Coast Guard Reserve; and

11 (4) a specific estimate of the number of reserv12 ists needed to augment peacetime Coast Guard mis13 sions under the plan.

14 SEC. 412. TRANSFER OF COAST GUARD PROPERTY.

15 (a) CONVEYANCE REQUIREMENT.—The Secretary of

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

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

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

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

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

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

24 Indian Corporation as a Native health clinic.
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1 (b) PROPERTY DESCRIBED.—The property referred

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

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

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

5 and commencing at corner numbered 10, United States

6 Survey numbered 1079, the true point of beginning for

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

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

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

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

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

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

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

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

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

17 including buildings, structures, and equipment.

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

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

20 any conveyance of property described in subsection (b)

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

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

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

25 Corporation as a Native health clinic.
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1 SEC. 413. REPORT ON COSTS OF VESSEL INSPECTIONS OUT2 SIDE UNITED STATES.

3 (a) REPORT REQUIREMENT.—Not later than Janu4 ary 1, 1995, the Secretary of Transportation shall submit

5 to the Committee on Merchant Marine and Fisheries of

6 the House of Representatives and the Committee on Com7 merce, Science, and Transportation of the Senate a report

8 describing in detail the costs incurred by the United States

9 in fiscal year 1994 for the performance by Coast Guard

10 personnel of vessel inspections outside the 50 States and

11 the District of Columbia, including travel expenses, sub12 sistence pay, compensation, and all other costs associated

13 with those inspections.

14 (b) ITEMIZATION OF COSTS.—The report required by

15 subsection (a) shall include—

16 (1) a description and the costs of the various

17 types of activities in which Coast Guard inspectors

18 engaged outside the United States in fiscal year

19 1994 with respect to repair and construction of ves20 sels in foreign countries;

21 (2) the number and costs of inspections of ves22 sels documented in the United States that did not

23 visit ports in the United States in fiscal year 1994

24 (including the number of such vessels inspected);

25 (3) the number and costs of inspections of mo26 bile offshore drilling units (as that term is defined
28

•HR 4422 EH1S

1 in section 2101 of title 46, United States Code) that

2 are documented in the United States and that did

3 not operate in waters of the United States in fiscal

4 year 1994; and

5 (4) the number and cost of Coast Guard inspec6 tors permanently stationed in foreign countries.

7 SEC. 414. CONVEYANCE OF LIGHT STATION MONTAUK

8 POINT, NEW YORK.

9 (a) CONVEYANCE REQUIREMENT.—

10 (1) REQUIREMENT.—The Secretary of Trans11 portation shall convey to the Montauk Historical As12 sociation in Montauk, New York, by an appropriate

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

14 the United States in and to property comprising

15 Light Station Montauk Point, located at Montauk,

16 New York.

17 (2) DETERMINATION OF PROPERTY.—The Sec18 retary may identify, describe, and determine the

19 property to be conveyed pursuant to this section.

20 (b) TERMS OF CONVEYANCE.—

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

22 pursuant to this section shall be made—

23 (A) without the payment of consideration;

24 and
29

•HR 4422 EH1S

1 (B) subject to the conditions required by

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

3 and conditions as the Secretary may consider

4 appropriate.

5 (2) REVERSIONARY INTEREST.—In addition to

6 any term or condition established pursuant to para7 graph (1), any conveyance of property comprising

8 the Montauk Light Station pursuant to subsection

9 (a) shall be subject to the condition that all right,

10 title, and interest in and to the property so conveyed

11 shall immediately revert to the United States if the

12 property, or any part thereof—

13 (A) ceases to be maintained as a nonprofit

14 center for public benefit for the interpretation

15 and preservation of the material culture of the

16 United States Coast Guard, the maritime his17 tory of Montauk, New York, and Native Amer18 ican and colonial history;

19 (B) ceases to be maintained in a manner

20 that ensures its present or future use as a

21 Coast Guard aid to navigation; or

22 (C) ceases to be maintained in a manner

23 consistent with the provisions of the National

24 Historic Preservation Act (16 U.S.C. 470 et

25 seq.).
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1 (3) MAINTENANCE OF NAVIGATION AND FUNC2 TIONS.—Any conveyance of property pursuant to

3 this section shall be subject to such conditions as the

4 Secretary considers to be necessary to assure that—

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

6 associated lighthouse equipment located on the

7 property conveyed, which are active aids to

8 navigation, shall continue to be operated and

9 maintained by the United States for as long as

10 they are needed for this purpose;

11 (B) the Montauk Historical Association

12 may not interfere or allow interference in any

13 manner with such aids to navigation without

14 express written permission from the United

15 States;

16 (C) there is reserved to the United States

17 the right to replace, or add any aids to naviga18 tion, or make any changes to the Montauk

19 Lighthouse as may be necessary for navigation

20 purposes;

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

22 at any time, to enter the property conveyed

23 without notice for the purpose of maintaining

24 navigation aids;
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•HR 4422 EH1S

1 (E) the United States shall have an ease2 ment of access to such property for the purpose

3 of maintaining the navigational aids in use on

4 the property; and

5 (F) the Montauk Light Station shall revert

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

7 period beginning on any date on which the Sec8 retary of Transportation provides written notice

9 to the Montauk Historical Association that the

10 Montauk Light Station is needed for national

11 security purposes.

12 (4) MAINTENANCE OF LIGHT STATION.—Any

13 conveyance of property under this section shall be

14 subject to the condition that the Montauk Historical

15 Association shall maintain the Montauk Light Sta16 tion in accordance with the provisions of the Na17 tional Historic Preservation Act (16 U.S.C. 470 et

18 seq.) and other applicable laws.

19 (5) LIMITATION ON OBLIGATIONS OF MONTAUK

20 HISTORICAL ASSOCIATION.—The Montauk Historical

21 Association shall not have any obligation to maintain

22 any active aid to navigation equipment on property

23 conveyed pursuant to this section.

24 (c) For purposes of this section—
32

•HR 4422 EH1S

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

2 the Coast Guard light station known as Light Sta3 tion Montauk Point, located at Montauk, New York,

4 including the keeper’s dwellings, adjacent Coast

5 Guard rights of way, the World War II submarine

6 spotting tower, the lighthouse tower, and the paint

7 locker; and

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

9 Coast Guard lighthouse located at the Montauk

10 Light Station.

11 SEC. 415. CAPE ANN LIGHTHOUSE.

12 (a) AUTHORITY TO CONVEY.—

13 (1) IN GENERAL.—The Secretary of Transpor14 tation shall convey to the town of Rockport, Massa15 chusetts, by an appropriate means of conveyance, all

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

17 to the property comprising the Cape Ann Light18 house, located on Thachers Island, Massachusetts.

19 (2) IDENTIFICATION OF PROPERTY.—The Sec20 retary may identify, describe, and determine the

21 property to be conveyed pursuant to this subsection.

22 (b) TERMS OF CONVEYANCE.—

23 (1) IN GENERAL.—The conveyance of property

24 pursuant to this section shall be made—

25 (A) without payment of consideration; and
33

•HR 4422 EH1S

1 (B) subject to the conditions required by

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

3 conditions the Secretary may consider appro4 priate.

5 (2) REVERSIONARY INTEREST.—In addition to

6 any term or condition established pursuant to para7 graph (1), the conveyance of property pursuant to

8 this section shall be subject to the condition that all

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

10 shall immediately revert to the United States if the

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

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

13 for the interpretation and preservation of mari14 time history;

15 (B) ceases to be maintained in a manner

16 that ensures its present or future use as a

17 Coast Guard aid to navigation; or

18 (C) ceases to be maintained in a manner

19 consistent with the provisions of the National

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

21 470 et seq.).

22 (3) MAINTENANCE AND NAVIGATION FUNC23 TIONS.—The conveyance of property pursuant to

24 this section shall be made subject to the conditions
34

•HR 4422 EH1S

1 that the Secretary considers to be necessary to as2 sure that—

3 (A) the lights, antennas, and associated

4 equipment located on the property conveyed,

5 which are active aids to navigation, shall con6 tinue to be operated and maintained by the

7 United States;

8 (B) the town of Rockport may not inter9 fere or allow interference in any manner with

10 aids to navigation without express written per11 mission from the Secretary of Transportation;

12 (C) there is reserved to the United States

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

14 navigation or make any changes to the Cape

15 Ann Lighthouse as may be necessary for navi16 gational purposes;

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

18 at any time, to enter the property without no19 tice for the purpose of maintaining aids to navi20 gation; and

21 (E) the United States shall have an ease22 ment of access to the property for the purpose

23 of maintaining the aids to navigation in use on

24 the property.
35

•HR 4422 EH1S

1 (4) OBLIGATION LIMITATION.—The town of

2 Rockport is not required to maintain any active aid

3 to navigation equipment on property conveyed pur4 suant to this section.

5 (5) PROPERTY TO BE MAINTAINED IN ACCORD6 ANCE WITH CERTAIN LAWS.—The town of Rockport

7 shall maintain the Cape Ann Lighthouse in accord8 ance with the National Historic Preservation Act of

9 1966 (16 U.S.C. 470 et seq.), and other applicable

10 laws.

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

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

13 property located on Thachers Island, Massachusetts, ex14 cept any historical artifact, including any lens or lantern,

15 located on the property at or before the time of the convey16 ance.

17 SEC. 416. TRANSFER OF OCRACOKE LIGHT STATION TO

18 SECRETARY OF THE INTERIOR.

19 The Secretary of Transportation shall transfer ad20 ministrative jurisdiction over the Federal property, con21 sisting of approximately 2 acres, known as the Ocracoke

22 Light Station, to the Secretary of the Interior, subject to

23 such reservations, terms, and conditions as may be nec24 essary for Coast Guard purposes. All property so trans-
36

•HR 4422 EH1S

1 ferred shall be included in and administered as part of

2 the Cape Hatteras National Seashore.

3 SEC. 417. PROHIBITION ON OVERHAUL, REPAIR, AND MAIN4 TENANCE OF COAST GUARD VESSELS IN FOR5 EIGN SHIPYARDS.

6 (a) PROHIBITION.—Chapter 5 of title 14, United

7 States Code, is amended by adding at the end the follow8 ing:

9 ‘‘§ 96. Prohibition on overhaul, repair, and mainte10 nance of Coast Guard vessels in foreign

11 shipyards

12 ‘‘A Coast Guard vessel may not be overhauled, re13 paired, or maintained in any shipyard located outside the

14 United States, except that this section does not apply to

15 emergency repairs.’’.

16 (b) CLERICAL AMENDMENT.—Title 14, United

17 States Code, is amended in the analysis at the beginning

18 of chapter 5 by adding at the end the following:

‘‘96. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels

in foreign shipyards.’’.

19 SEC. 418. STUDY OF IMPLICATIONS FOR VESSEL SAFETY IN

20 NAVIGABLE WATERS NEAR HOUSTON, TEXAS,

21 OF TRADE AGREEMENTS.

22 (a) STUDY.—Not later than July 1, 1996, the Sec23 retary of Transportation, acting through the Coast Guard

24 office in Houston, Texas, and subject to the availability
37

•HR 4422 EH1S

1 of appropriations, shall conduct a study of the implications

2 for vessel safety in the navigable waters near Houston,

3 Texas, of increased shipping traffic resulting from—

4 (1) the North American Free Trade Agreement

5 Implementation Act; and

6 (2) legislation necessary to implement the Uru7 guay Round of the General Agreement on Tariffs

8 and Trade.

9 (b) CONTENT.—The study under subsection (a) shall

10 include—

11 (1) examination of implications for vessel safety

12 in the Port of Houston and the Houston ship chan13 nel; and

14 (2) development of recommendations for—

15 (A) responding to vessel accidents in those

16 waterways,

17 (B) removal of vessels damaged in those

18 accidents, and

19 (C) ways to improve the overall safety of

20 the Port of Houston and the Houston ship

21 channel, including recommendations of restric22 tions on vessel movements within that Port or

23 channel if necessary to ensure safety.

24 (c) REPORT.—Not later than July 1, 1996, the Sec25 retary of Transportation shall submit to the Congress a
38

•HR 4422 EH1S

1 report on the findings and recommendations developed by

2 the study under subsection (a).

3 (d) AUTHORIZATION OF APPROPRIATIONS.—For car4 rying out the study and preparing the report required by

5 this section, there are authorized to be appropriated to

6 the Secretary of Transportation $300,000 for fiscal year

7 1995 and such sums as may be necessary for fiscal year

8 1996.

9 SEC. 419. IMPLEMENTATION OF OIL POLLUTION ACT WITH

10 RESPECT TO VEGETABLE OIL.

11 In implementing the Oil Pollution Act of 1990 (Pub12 lic Law 101–380), the Coast Guard and other agencies

13 shall differentiate between animal fats or oils of vegetable

14 origin and other oils, including petroleum oils, on the basis

15 of their physical, chemical, biological, and other prop16 erties, and their environmental effects.

17 SEC. 420. LIMITATION ON AUTHORITY OF STATES TO REG18 ULATE GAMBLING DEVICES ON VESSELS.

19 Section 5(b)(2) of the Act of January 2, 1951 (15

20 U.S.C. 1175(b)(2)), commonly referred to as the ‘‘John21 son Act’’, is amended by adding at the end the following:

22 ‘‘(C) EXCLUSION OF CERTAIN VOYAGES

23 AND SEGMENTS.—Except for a voyage or seg24 ment of a voyage that occurs within the bound25 aries of the State of Hawaii, a voyage or seg-
39

•HR 4422 EH1S

1 ment of a voyage is not described in subpara2 graph (B) if it includes or consists of a seg3 ment—

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

5 State;

6 ‘‘(ii) that is part of a voyage to an7 other State or to a foreign country; and

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

9 other State or foreign country within 3

10 days after leaving the State in which it be11 gins.’’.

12 SEC. 421. POLLUTION FROM SHIPS.

13 (a) PREVENTION OF POLLUTION FROM SHIPS.—Sec14 tion 6 of the Act to Prevent Pollution from Ships (33

15 U.S.C. 1905) is amended—

16 (1) in subsection (c)—

17 (A) in paragraph (2)—

18 (i) by striking ‘‘(2) If’’ and inserting

19 the following: ‘‘(2)(A) Subject to subpara20 graph (B), if’’; and

21 (ii) by adding at the end the following

22 new subparagraph:

23 ‘‘(B) The Secretary may issue a certificate attesting

24 to the adequacy of reception facilities under this para25 graph only if, prior to the issuance of the certificate, the
40

•HR 4422 EH1S

1 Secretary conducts an inspection of the reception facilities

2 of the port or terminal that is the subject of the certifi3 cate.’’; and

4 (B) in paragraph (3), by striking subpara5 graph (A) and inserting the following new sub6 paragraph:

7 ‘‘(A) is valid for the 5-year period beginning on

8 the date of issuance of the certificate, except that

9 if—

10 ‘‘(i) the charge for operation of the port or

11 terminal is transferred to a person or entity

12 other than the person or entity that is the oper13 ator on the date of issuance of the certificate—

14 ‘‘(I) the certificate shall expire on the

15 date that is 30 days after the date of the

16 transfer; and

17 ‘‘(II) the new operator shall be re18 quired to submit an application for a cer19 tificate before a certificate may be issued

20 for the port or terminal; or

21 ‘‘(ii) the certificate is suspended or revoked

22 by the Secretary, the certificate shall cease to

23 be valid; and’’; and

24 (2) by striking subsection (d) and inserting the

25 following new subsection:
41

•HR 4422 EH1S

1 ‘‘(d)(1) The Secretary shall maintain a list of ports

2 or terminals with respect to which a certificate issued

3 under this section—

4 ‘‘(A) is in effect; or

5 ‘‘(B) has been revoked or suspended.

6 ‘‘(2) The Secretary shall make the list referred to in

7 paragraph (1) available to the general public.’’.

8 (b) RECEPTION FACILITY PLACARDS.—Section 6(f)

9 of the Act to Prevent Pollution from Ships (33 U.S.C.

10 1905(f)) is amended—

11 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;

12 and

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

14 paragraph:

15 ‘‘(2)(A) Not later than 18 months after the date of

16 enactment of this paragraph, the Secretary shall promul17 gate regulations that require the operator of each port or

18 terminal that is subject to any requirement of the

19 MARPOL Protocol relating to reception facilities to post

20 a placard in a location that can easily be seen by port

21 and terminal users. The placard shall state, at a mini22 mum, that a user of a reception facility of the port or

23 terminal should report to the Secretary any inadequacy

24 of the reception facility.’’.

25 (c) APPLICATION TO VESSELS.—
42

•HR 4422 EH1S

1 (1) NOTICE OF ARRIVAL.—The owner, master,

2 agent, or person in charge of a vessel shall include

3 in the notice of arrival required to be submitted to

4 the Captain of the Port of the port or place of des5 tination pursuant to the Ports and Waterways Safe6 ty Act (33 U.S.C. 1221 et seq.) information con7 cerning the intention of the owner, master, or person

8 in charge of the vessel with respect to the disposal

9 of onboard waste at the port or place of destination.

10 (2) COMPLIANCE REPORTS.—Section 2201(a) of

11 the Marine Plastic Pollution Research and Control

12 Act of 1987 (Public Law 100–220; 33 U.S.C. 1902

13 note) is amended—

14 (A) by striking ‘‘for a period of 6 years’’;

15 and

16 (B) by inserting before the period at the

17 end the following: ‘‘and, not later than 1 year

18 after the date of enactment of the Marine Plas19 tic Pollution Research and Control Act of 1994,

20 and annually thereafter, shall publish in the

21 Federal Register a list of the enforcement ac22 tions taken against any domestic or foreign ship

23 (including any commercial or recreational ship)

24 pursuant to the Act to Prevent Pollution from

25 Ships (33 U.S.C. 1901 et seq.)’’.
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•HR 4422 EH1S

1 (d) MARINE PLASTIC POLLUTION RESEARCH AND

2 CONTROL PUBLIC OUTREACH PROGRAM.—Section

3 2204(a) of the Marine Plastic Pollution Research and

4 Control Act of 1987 (Public Law 100–220; 42 U.S.C.

5 6981 note) is amended—

6 (1) in paragraph (1)—

7 (A) in the matter preceding subparagraph

8 (A), by striking ‘‘for a period of at least 3

9 years,’’;

10 (B) in subparagraph (C), by striking

11 ‘‘and’’ at the end;

12 (C) in subparagraph (D), by striking the

13 period at the end and inserting ‘‘; and’’; and

14 (D) by adding at the end the following new

15 subparagraph:

16 ‘‘(E) the requirements under this Act and

17 the Act to Prevent Pollution from Ships (33

18 U.S.C. 1901 et seq.) with respect to ships and

19 ports, and the authority of citizens to report

20 violations of this Act and the Act to Prevent

21 Pollution from Ships (33 U.S.C. 1901 et

22 seq.).’’; and

23 (2) by striking paragraph (2) and inserting the

24 following new paragraph:

25 ‘‘(2) AUTHORIZED ACTIVITIES.—
44

•HR 4422 EH1S

1 ‘‘(A) PUBLIC OUTREACH PROGRAM.—A

2 public outreach program under paragraph (1)

3 may include—

4 ‘‘(i) developing and implementing a

5 voluntary boaters’ pledge program;

6 ‘‘(ii) workshops with interested

7 groups;

8 ‘‘(iii) public service announcements;

9 ‘‘(iv) distribution of leaflets and post10 ers; and

11 ‘‘(v) any other means appropriate to

12 educating the public.

13 ‘‘(B) GRANTS AND COOPERATIVE AGREE14 MENTS.—To carry out this section, the Sec15 retary of the department in which the Coast

16 Guard is operating, the Secretary of Commerce,

17 and the Administrator of the Environmental

18 Protection Agency are authorized to award

19 grants, enter into cooperative agreements with

20 appropriate officials of other Federal agencies

21 and agencies of States and political subdivisions

22 of States, and provide other financial assistance

23 to eligible recipients.

24 ‘‘(C) CONSULTATION.—In developing out25 reach initiatives targeted at the interested
45

•HR 4422 EH1S

1 groups that are subject to the requirements of

2 this title and the Act to Prevent Pollution from

3 Ships (33 U.S.C. 1901 et seq.), the Secretary

4 of the department in which the Coast Guard is

5 operating, in consultation with the Secretary of

6 Commerce, acting through the Administrator of

7 the National Oceanic and Atmospheric Admin8 istration, and the Administrator of the Environ9 mental Protection Agency, shall consult with—

10 ‘‘(i) the heads of State agencies re11 sponsible for implementing State boating

12 laws; and

13 ‘‘(ii) the heads of other enforcement

14 agencies that regulate boaters or commer15 cial fishermen.’’.

16 (e) COORDINATION.—

17 (1) ESTABLISHMENT OF MARINE DEBRIS CO18 ORDINATING COMMITTEE.—The Administrator of

19 the Environmental Protection Agency shall establish

20 a Marine Debris Coordinating Committee (referred

21 to in this section as the ‘‘Committee’’).

22 (2) MEMBERSHIP.—The Committee shall in23 clude a senior official from—
46

•HR 4422 EH1S

1 (A) the Environmental Protection Agency,

2 who shall serve as the Chairperson of the Com3 mittee;

4 (B) the National Oceanic and Atmospheric

5 Administration;

6 (C) the United States Coast Guard;

7 (D) the United States Navy; and

8 (E) such other Federal agencies that have

9 an interest in ocean issues or water pollution

10 prevention and control as the Administrator of

11 the Environmental Protection Agency deter12 mines appropriate.

13 (3) MEETINGS.—The Committee shall meet at

14 least twice a year to provide a forum to ensure the

15 coordination of national and international research,

16 monitoring, education, and regulatory actions ad17 dressing the persistent marine debris problem.

18 (f) MONITORING.—The Administrator of the Envi19 ronmental Protection Agency, in cooperation with the Sec20 retary of Commerce, acting through the Administrator of

21 the National Oceanic and Atmospheric Administration,

22 shall utilize the marine debris data derived under title V

23 of the Marine Protection, Research, and Sanctuaries Act

24 of 1972 (33 U.S.C. 2801 et seq.) to assist the United
47

•HR 4422 EH1S

1 States Coast Guard in assessing the effectiveness of this

2 Act.

3 SEC. 422. MERCHANT MARINER BENEFITS.

4 (a) Part G of subtitle II, title 46, United States Code,

5 is amended by adding the following new chapter:

‘‘CHAPTER 112—MERCHANT MARINER BENEFITS

‘‘Sec.

‘‘11201. Qualified service.

‘‘11202. Qualified service benefits.

6 ‘‘§ 11201. Qualified service

7 ‘‘An individual who was in training for or who served

8 as a member of the United States merchant marine, in9 cluding the Army Transport Service and the Naval Trans10 portation Service, or who received a letter of induction,

11 before August 16, 1945, is deemed to have been engaged

12 in qualified service for purposes of this chapter.

13 ‘‘§ 11202. Qualified service benefits

14 ‘‘(a) An individual who believes that individual per15 formed qualified service under section 11201 of this chap16 ter may apply to the Secretary. Not later than 180 days

17 after the Secretary receives an application under this sec18 tion, the Secretary shall determine whether the individual

19 performed qualified service.

20 ‘‘(b) The Secretary shall issue an honorable discharge

21 to an individual who performed qualified service as deter22 mined by the Secretary under subsection (a). The Sec23 retary shall issue the discharge subject to the standards
48

•HR 4422 EH1S

1 that apply to the honorable discharges issued under sec2 tion 401(a)(1)(b) of the GI Bill Improvement Act of 1977

3 (38 U.S.C. 106 note).

4 ‘‘(c) The qualified service of an individual who—

5 ‘‘(1) receives an honorable discharge under sub6 section (b); and

7 ‘‘(2) is not eligible for benefits under a law ad8 ministered by the Secretary of Veterans Affairs—

9 shall be treated as active duty for purposes of eligibility

10 for benefits under chapters 23 and 24 of title 38, United

11 States Code.

12 ‘‘(d) The Secretary shall reimburse the Secretary of

13 Veterans Affairs for the value of benefits provided to an

14 individual by reason of eligibility under this chapter.

15 ‘‘(e) An individual is not entitled to, and may not re16 ceive, benefits under this chapter for any period before the

17 date of enactment of this chapter.’’.

18 (b) The analysis at the beginning of subtitle II of title

19 46, United States Code, is amended by inserting after the

20 item relating to chapter 111 the following:

‘‘112. Merchant mariners benefits ............................................................11201.’’.

21 SEC. 423. ANNUAL REPORT ON IMPLEMENTATION OF VES22 SEL TRAFFIC SERVICE.

23 Not later than April 1 of each year after the date

24 of enactment of this Act, the Secretary of Transportation

25 shall submit to the Committee on Merchant Marine and
49

•HR 4422 EH1S

1 Fisheries of the House of Representatives and the Com2 mittee on Commerce, Science and Transportation of the

3 Senate a report describing in detail the status of imple4 mentation of the Vessel Traffic Service in all the ports

5 ranked in the Port Needs Study issued by the Coast

6 Guard in 1991.

7 SEC. 424. ELECTRONIC FILING OF COMMERCIAL INSTRU8 MENTS.

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

10 amended by adding at the end the following new para11 graph:

12 ‘‘(4)(A) A bill of sale, conveyance, mortgage, assign13 ment, or related instrument may be filed electronically

14 under regulations prescribed by the Secretary.

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

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

17 on the date of the filing unless the original instrument

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

19 SEC. 425. COST ACCOUNTING FOR HAITIAN OPERATIONS.

20 (a) No later than 30 days after the enactment of this

21 Act, the Secretary of Transportation shall submit a full

22 accounting of all Coast Guard costs related to Haiti dur23 ing fiscal year 1994 to the Committee on Merchant Ma24 rine and Fisheries in the House of Representatives and

25 to the Committee on Commerce, Science, and Transpor-
50

•HR 4422 EH1S

1 tation in the Senate. This accounting shall include num2 bers of Coast Guard personnel involved, the numbers of

3 Coast Guard vessels involved, and the amount of funds

4 diverted from other Coast Guard missions.

5 (b) Until all United States military operations in

6 Haiti cease, the Secretary of Transportation shall submit

7 monthly reports on all Coast Guard costs related to Haiti

8 to the Committee on Merchant Marine and Fisheries in

9 the House of Representatives and to the Committee on

10 Commerce, Science, and Transportation in the Senate.

11 SEC. 426. SENSE OF THE CONGRESS; REQUIREMENT RE12 GARDING NOTICE.

13 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

15 the greatest extent practicable, all equipment and products

16 purchased with funds made available under this Act

17 should be American-made.

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

19 providing financial assistance under this Act, the Sec20 retary, to the greatest extent practicable, shall provide to

21 each recipient of the assistance a notice describing the

22 statement made in subsection (a) by the Congress.
51

•HR 4422 EH1S

1 SEC. 427. SENSE OF THE CONGRESS REGARDING FUNDING

2 FOR COAST GUARD.

3 It is the sense of the Congress that in appropriating

4 amounts for the Coast Guard, the Congress should appro5 priate amounts adequate to enable the Coast Guard to

6 carry out all extraordinary functions and duties the Coast

7 Guard is required to undertake in addition to its normal

8 functions established by law.

9 SEC. 428. PLAN FOR RESCUE OF PASSENGERS ON THE

10 CHESAPEAKE BAY.

11 (a) The Secretary of the department in which the

12 Coast Guard is operating, in consultation with officials of

13 the States of Maryland and Virginia, and other interested

14 persons, shall develop and submit to Congress by March

15 30, 1995, a plan for the rescue of persons transported on

16 passenger vessels or small passenger vessels on the Chesa17 peake Bay.

18 (b) The plan developed in subsection (a) shall in19 clude—

20 (1) a protocol for command, control, and com21 munications among Federal, State, and local au22 thorities;

23 (2) a protocol for training exercises to prepare

24 for an emergency rescue on the Chesapeake Bay;
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1 (3) an identification of emergency medical per2 sonnel that would be available for an emergency res3 cue on the Chesapeake Bay;

4 (4) an identification of procedures to be fol5 lowed and equipment that would be needed in the

6 event of weather that could result in hypothermia of

7 the passengers; and

8 (5) a study by the Coast Guard examining the

9 feasibility of locating a helicopter station on the

10 Chesapeake Bay and in developing mutual aid agree11 ment with appropriate Federal, State and local

12 agencies to improve helicopter response time.

13 TITLE V—RECREATIONAL

14 BOATING SAFETY

15 SEC. 501. SHORT TITLE.

16 This title may be cited as the ‘‘Recreational Boating

17 Safety Improvement Act of 1994’’.

18 SEC. 502. PERSONAL FLOTATION DEVICES REQUIRED FOR

19 CHILDREN.

20 (a) PROHIBITION.—Section 4307(a) of title 46,

21 United States Code, is amended—

22 (1) in paragraph (2) by striking ‘‘or’’ after the

23 semicolon at the end;

24 (2) in paragraph (3) by striking the period and

25 inserting ‘‘; or’’; and
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1 (3) by adding at the end the following:

2 ‘‘(4) operate a recreational vessel under 26 feet

3 in length unless each individual 12 years of age or

4 younger wears a Coast Guard approved personal flo5 tation device when the individual is on an open deck

6 of the vessel.’’.

7 (b) STATE AUTHORITY PRESERVED.—Section 4307

8 of title 46, United States Code, is further amended by

9 adding at the end the following:

10 ‘‘(c) Subsection (a)(4) shall not be construed to limit

11 the authority of a State to establish requirements relating

12 to the wearing of personal flotation devices on recreational

13 vessels that are more stringent than that subsection.’’.

14 SEC. 503. ALLOCATION OF FUNDS BASED ON STATE ADOP15 TION OF LAWS REGARDING BOATING WHILE

16 INTOXICATED.

17 Section 13103 of title 46, United States Code, is

18 amended—

19 (1) by redesignating subsections (a), (b), and

20 (c) in order as subsections (b), (c), and (d);

21 (2) by inserting before subsection (b) (as so re22 designated) the following new subsection:

23 ‘‘(a)(1) Beginning in fiscal year 1998, of the amounts

24 transferred to the Secretary each fiscal year pursuant to

25 section 4(b) of the Act of August 9, 1950 (16 U.S.C.
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1 777c(b)), the Secretary shall allocate for State rec2 reational boating safety programs $10,000,000 as follows:

3 ‘‘(A) One-half shall be allocated in accordance

4 with paragraph (2) among eligible States that—

5 ‘‘(i) prohibit operation of a recreational

6 vessel by an individual who is under the influ7 ence of alcohol or drugs; and

8 ‘‘(ii) establish a blood alcohol concentration

9 limit of .10 percent or less.

10 ‘‘(B) One-half shall be allocated in accordance

11 with paragraph (2) among eligible States that—

12 ‘‘(i) prohibit operation of a recreational

13 vessel by an individual who is under the influ14 ence of alcohol or drugs; and

15 ‘‘(ii) establish an implied consent require16 ment that specifies that an individual is deemed

17 to have given their consent to evidentiary test18 ing for their blood alcohol concentration or

19 presence of other intoxicating substances.

20 ‘‘(2) Of the amount allocated under subparagraph

21 (A) or (B) of paragraph (1) each fiscal year—

22 ‘‘(A) one-half shall be allocated equally among

23 all eligible States receiving an allocation under that

24 subparagraph for the fiscal year; and
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1 ‘‘(B) one-half shall be allocated among those el2 igible States so that each such State receives an

3 amount bearing the same ratio to the total amount

4 allocated under that subparagraph for the fiscal year

5 as the number of vessels numbered in that State

6 under a system approved under chapter 123 of this

7 title bears to the total number of vessels numbered

8 under approved systems of all States receiving an al9 location under that subparagraph for the fiscal

10 year.’’;

11 (3) in subsection (b) (as so redesignated) in the

12 matter preceding paragraph (1) by inserting ‘‘the

13 balance of remaining’’ after ‘‘allocate’’; and

14 (4) by adding at the end the following new sub15 section:

16 ‘‘(e) A State shall not be ineligible for an allocation

17 under subsection (a) because of the adoption by the State

18 of any requirement relating to the operation of a rec19 reational vessel while under the influence of alcohol or

20 drugs that is more stringent than the requirements for

21 receiving the allocation.’’.

22 SEC. 504. MARINE CASUALTY REPORTING.

23 (a) SUBMISSION OF PLAN.—Not later than one year

24 after enactment of this Act, the Secretary of Transpor25 tation shall, in consultation with appropriate State agen-
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1 cies, submit to the Committee on Merchant Marine and

2 Fisheries of the House of Representatives and the Com3 mittee on Commerce, Science, and Transportation of the

4 Senate a plan to increase reporting of vessel accidents to

5 appropriate State law enforcement officials.

6 (b) PENALTIES FOR VIOLATING REPORTING RE7 QUIREMENTS.—Section 6103(a) of title 46, United States

8 Code, is amended by inserting ‘‘or 6102’’ after ‘‘6101’’

9 the second place it appears.

10 SEC. 505. REQUIRING VIOLATORS TO TAKE RECREATIONAL

11 BOATING SAFETY COURSE.

12 (a) NEGLIGENT OPERATION.—Section 2302 of title

13 46, United States Code, is amended by adding at the end

14 the following:

15 ‘‘(e) An individual operating a recreational vessel in

16 violation of this section shall complete a boating safety

17 course approved by the Secretary.’’.

18 (b) OTHER VIOLATIONS.—Section 4311 of title 46,

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

20 following:

21 ‘‘(h) A person who operates a recreational vessel in

22 violation of this chapter or a regulation prescribed under

23 this chapter may be ordered to complete a recreational

24 boating safety course approved by the Secretary.’’.
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1 SEC. 506. TECHNICAL CORRECTIONS.

2 Section 13108(a)(1) of title 46, United States Code,

3 is amended by—

4 (1) striking ‘‘proceeding’’ and inserting ‘‘pre5 ceding’’; and

6 (2) striking ‘‘Secertary’’ and inserting ‘‘Sec7 retary’’.

8 TITLE VI—TOWING VESSEL

9 NAVIGATIONAL SAFETY

10 SEC. 601. SHORT TITLE.

11 This title may be cited as the ‘‘Towing Vessel Naviga12 tional Safety Act of 1994’’.

13 SEC. 602. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT

14 FOR TOWING VESSELS.

15 (a) IN GENERAL.—Section 4102 of title 46, United

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

18 ‘‘(f)(1) In prescribing regulations for towing vessels,

19 the Secretary shall—

20 ‘‘(A) consider the characteristics, methods of

21 operation, and nature of the service of towing ves22 sels;

23 ‘‘(B) consult with the Towing Safety Advisory

24 Committee; and

25 ‘‘(C) require, to the extent appropriate, the in26 stallation, maintenance, and use of and familiarity
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1 with the following equipment on each towing vessel,

2 other than a towing vessel that is used only for tow3 ing disabled vessels:

4 ‘‘(i) A radar system.

5 ‘‘(ii) An electronic position-fixing device.

6 ‘‘(iii) A sonic depth finder.

7 ‘‘(iv) A compass or swing meter.

8 ‘‘(v) Adequate towing wire and associated

9 equipment.

10 ‘‘(vi) Up-to-date navigational charts and

11 publications for the areas normally transited by

12 the vessel.

13 ‘‘(vii) Other safety equipment the Sec14 retary determines to be necessary.

15 ‘‘(2) The Secretary shall establish in regulations

16 under this chapter requirements that—

17 ‘‘(A) any equipment required on a towing vessel

18 under paragraph (1) shall be maintained in effective

19 operating condition; and

20 ‘‘(B) if such equipment on a vessel ceases to op21 erate, the master of the vessel shall exercise due dili22 gence to restore the equipment to effective operating

23 condition, or cause it to be restored to that condi24 tion, at the earliest practicable date.’’.
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1 (b) REGULATIONS.—The Secretary of Transportation

2 shall issue regulations by not later than 12 months after

3 the date of the enactment of this Act, prescribing naviga4 tional publication and equipment requirements under sub5 section (f) of section 4102 of title 46, United States Code,

6 as added by subsection (a) of this section.

7 SEC. 603. REPORTING MARINE CASUALTIES.

8 (a) EXPEDITED REPORTING REQUIRED.—Section

9 6101(b) of title 46, United States Code, is amended by

10 striking ‘‘within 5 days’’ and inserting ‘‘by as soon as

11 practicable, but in no case later than within 5 days,’’.

12 (b) PENALTY FOR FAILURE TO REPORT A CAS13 UALTY.—Section 6103(a) of title 46, United States Code

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

15 than $25,000’’.

16 SEC. 604. REPORT ON FEASIBILITY OF ESTABLISHING A

17 DIFFERENTIAL GLOBAL POSITIONING SAT18 ELLITE NAVIGATION SYSTEM AND ELEC19 TRONIC CHARTS FOR INLAND WATERWAYS.

20 Not later than 6 months after the date of the enact21 ment of this Act, the Secretary of Transportation shall

22 submit a report to the Congress on the feasibility of estab23 lishing a differential global positioning satellite navigation

24 system and creating electronic charts for the inland water25 ways of the United States.
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1 SEC. 605. PROTECTION OF SEAMEN AGAINST DISCRIMINA2 TION.

3 Section 2114 of title 46, United States Code, is

4 amended—

5 (1) by amending subsection (a) to read as fol6 lows:

7 ‘‘(a) An owner, charterer, managing operator, agent,

8 master, or individual in charge of a vessel may not dis9 charge, temporarily remove, or in any manner discrimi10 nate against a seaman because the seaman—

11 ‘‘(1) in good faith has reported or is about to

12 report to the Coast Guard that the seaman believes

13 that a violation of this subtitle, or a regulation is14 sued under this subtitle, has occurred; or

15 ‘‘(2) refuses to violate this subtitle or a regula16 tion issued under this subtitle.’’; and

17 (2) in subsection (b)—

18 (A) in paragraph (1) by striking ‘‘and’’

19 after the semicolon;

20 (B) in paragraph (2) by striking the period

21 and inserting ‘‘; and’’; and

22 (C) by adding at the end the following:

23 ‘‘(3) an award of cost and reasonable attorney’s

24 fees to the prevailing plaintiff.’’.
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1 SEC. 606. MANNING AND LICENSING REQUIREMENTS FOR

2 TOWING VESSELS.

3 (a) MANNING REQUIREMENTS.—Section 8904 of title

4 46, United States Code, is amended by adding at the end

5 the following:

6 ‘‘(c) A towing vessel, other than a vessel referred to

7 in subsection (b), shall—

8 ‘‘(1) while being operated, have on board an in9 dividual licensed by the Secretary as a master of

10 that type of towing vessel; and

11 ‘‘(2) be operated by an individual licensed by

12 the Secretary to operate that type of towing vessel.’’.

13 (b) REGULATIONS ESTABLISHING LICENSES FOR

14 MASTERS AND OPERATORS.—Section 7101 of title 46,

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

16 following:

17 ‘‘(j)(1) The Secretary shall prescribe regulations

18 which establish licenses for masters and mates of towing

19 vessels.

20 ‘‘(2) Regulations under this subsection shall provide

21 that an individual may be issued a license as a master

22 or mate of a towing vessel only if the individual—

23 ‘‘(A) demonstrates proficiency in the use of the

24 equipment required pursuant to section

25 4102(f)(1)(C) of this title; and
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1 ‘‘(B) demonstrates proficiency in operating a

2 towing vessel.

3 ‘‘(3) Regulations under this subsection may establish

4 standards and procedures under which the Secretary may

5 delegate, to individuals who have experience in the oper6 ation of towing vessels and to other qualified persons, the

7 authority to conduct examinations required for the issu8 ance of a license as a master or mate of a towing vessel.’’.

9 (c) EXISTING UNINSPECTED TOWING VESSEL OPER10 ATOR LICENSE HOLDERS.—An uninspected towing vessel

11 operator license that is valid on the date of enactment of

12 this Act shall be valid as a master or mate license required

13 by section 8904 of title 46, United States Code, as amend14 ed by this section, until otherwise required to be renewed.

15 The Secretary shall require that an individual applying for

16 a first renewal of such a license as a master or mate li17 cense under that section demonstrate proficiency under

18 the requirements of section 7101(j) of title 46, United

19 States Code, as added by this section.

20 (d) EFFECTIVE DATE.—The amendments made by

21 this section shall take effect 2 years after the date of the

22 enactment of this Act.

23 (e) DEADLINE FOR REGULATIONS.—The Secretary

24 of the department in which the Coast Guard is operating

25 shall issue regulations under the amendments made by
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1 this section by not later than 1 year after the date of the

2 enactment of this Act.

3 SEC. 607. CIVIL PENALTIES.

4 (a) PROHIBITED OPERATION OF UNINSPECTED TOW5 ING VESSEL, GENERALLY.—Section 4106 of title 46,

6 United States Code, is amended by striking ‘‘$5,000’’ and

7 inserting ‘‘$25,000’’.

8 (b) OPERATION OF UNINSPECTED TOWING VESSEL

9 IN VIOLATION OF MANNING REQUIREMENTS.—Section

10 8906 of title 46, United States Code, is amended by strik11 ing ‘‘$1,000’’ and inserting ‘‘not more than $25,000’’.

12 SEC. 608. MODEL TOWING VESSEL COMPANY INSPECTION

13 PROGRAM.

14 Not later than 1 year after the date of the enactment

15 of this Act, the Secretary of the department in which the

16 Coast Guard is operating, in consultation with the Towing

17 Safety Advisory Committee, shall—

18 (1) develop a model towing vessel company in19 spection program, including a Coast Guard boarding

20 program to determine compliance with the model

21 program; and

22 (2) submit to the Congress for its approval the

23 model program and a description of the statutory

24 changes necessary to implement the model program.
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1 SEC. 609. MERCHANT MARINERS’ DOCUMENTS REQUIRED.

2 (a) REQUIREMENT.—Section 8701(a) of title 46,

3 United States Code, is amended—

4 (1) by striking ‘‘100’’ and inserting ‘‘5’’;

5 (2) in paragraph (1), by striking ‘‘a vessel oper6 ating only on rivers and lakes (except the Great

7 Lakes);’’ and inserting ‘‘a small passenger vessel, or

8 an uninspected passenger vessel;’’;

9 (3) by striking paragraph (2), and redesignat10 ing the subsequent paragraphs accordingly; and

11 (4) in paragraph (6) (as so redesignated) by

12 striking ‘‘clause (6)’’ and inserting ‘‘paragraph (5)’’.

13 (b) EXCEPTIONS.—Section 8701(b) of title 46,

14 United States Code, is amended—

15 (1) by striking ‘‘A person’’ and inserting ‘‘(1)

16 Except as provided in paragraph (2), a person’’; and

17 (2) by adding at the end the following:

18 ‘‘(2) The Secretary shall prescribe regulations which

19 exempt from paragraph (1)—

20 ‘‘(A) engagement or employment of an individ21 ual in any position, on a passenger vessel, that is

22 not listed in the Certificate of Inspection for the ves23 sel;

24 ‘‘(B) engagement or employment of an individ25 ual in any position, on a vessel of a type to which

26 this section did not apply on the day before the date
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1 of enactment of the Towing Vessel Navigational

2 Safety Act of 1994, for which the individual is re3 quired to hold a license issued by the Secretary

4 under this title; and

5 ‘‘(C) service by an individual in a position de6 scribed in subparagraph (A) or (B).’’.

7 (c) USER FEE EXEMPTION AND PRIVACY OF INFOR8 MATION.—

9 (1) USER FEE EXEMPTION.—The Secretary of

10 Transportation may not collect a fee or charge under

11 section 2110 of title 46, United States Code, for any

12 service related to a merchant mariner’s document re13 quired to be obtained under this title.

14 (2) PRIVACY OF INFORMATION.—The Secretary

15 of Transportation may not make available to a mem16 ber of the public any personal information concern17 ing an individual required to obtain a merchant

18 mariner’s document under this title.

19 (d) EFFECTIVE DATE.—The amendments made by

20 this section shall take effect 2 years after the date of the

21 enactment of this Act.
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1 TITLE VII—COAST GUARD

2 REGULATORY REFORM

3 SEC. 701. SHORT TITLE.

4 This title may be cited as the ‘‘Coast Guard Regu5 latory Reform Act of 1994’’.

6 SEC. 702. SAFETY MANAGEMENT.

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

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

9 following new chapter:

10 ‘‘CHAPTER 32—MANAGEMENT OF VESSELS

‘‘Sec.

‘‘3201. Definitions.

‘‘3202. Application.

‘‘3203. Safety management system.

‘‘3204. Implementation of safety management system.

‘‘3205. Certification.

11 ‘‘§ 3201. Definitions

12 ‘‘In this chapter—

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

14 has the same meaning given that term in chapter IX

15 of the Annex to the International Convention for the

16 Safety of Life at Sea, 1974;

17 ‘‘(2) ‘responsible person’ means—

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

19 chapter applies; or

20 ‘‘(B) any other person that has—
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1 ‘‘(i) assumed the responsibility for op2 eration of a vessel to which this chapter

3 applies from the owner; and

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

5 the vessel responsibility for complying with

6 all the requirements of this chapter and

7 the regulations prescribed under this chap8 ter.

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

10 a vessel to which this chapter applies—

11 ‘‘(A) arriving at a place under the jurisdic12 tion of the United States from a place in a for13 eign country;

14 ‘‘(B) making a voyage between places out15 side the United States; or

16 ‘‘(C) departing from a place under the ju17 risdiction of the United States for a place in a

18 foreign country.

19 ‘‘§ 3202. Application

20 ‘‘(a) MANDATORY APPLICATION.—This chapter ap21 plies to the following vessels engaged on a foreign voyage:

22 ‘‘(1) Beginning July 1, 1998—

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

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

25 this title; and
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1 ‘‘(B) a tanker, bulk freight vessel, or high2 speed freight vessel, of at least 500 gross tons.

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

4 and a mobile offshore drilling unit of at least 500

5 gross tons.

6 ‘‘(b) VOLUNTARY APPLICATION.—This chapter ap7 plies to a vessel not described in subsection (a) of this

8 section if the owner of the vessel requests the Secretary

9 to apply this chapter to the vessel.

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

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

12 ‘‘(1) a barge;

13 ‘‘(2) a recreational vessel not engaged in com14 mercial service;

15 ‘‘(3) a fishing vessel;

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

17 its tributary and connecting waters; or

18 ‘‘(5) a public vessel.

19 ‘‘§ 3203. Safety management system

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

21 regulations which establish a safety management system

22 for responsible persons and vessels to which this chapter

23 applies, including—

24 ‘‘(1) a safety and environmental protection

25 policy;
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1 ‘‘(2) instructions and procedures to ensure safe

2 operation of those vessels and protection of the envi3 ronment in compliance with international and

4 United States law;

5 ‘‘(3) defined levels of authority and lines of

6 communications between, and among, personnel on

7 shore and on the vessel;

8 ‘‘(4) procedures for reporting accidents and

9 nonconformities with this chapter;

10 ‘‘(5) procedures for preparing for and respond11 ing to emergency situations; and

12 ‘‘(6) procedures for internal audits and man13 agement reviews of the system.

14 ‘‘(b) COMPLIANCE WITH CODE.—Regulations pre15 scribed under this section shall be consistent with the

16 International Safety Management Code with respect to

17 vessels engaged on a foreign voyage.

18 ‘‘§ 3204. Implementation of safety management sys19 tem

20 ‘‘(a) SAFETY MANAGEMENT PLAN.—Each respon21 sible person shall establish and submit to the Secretary

22 for approval a safety management plan describing how

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

24 applies will comply with the regulations prescribed under

25 section 3203(a) of this title.
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1 ‘‘(b) APPROVAL.—Upon receipt of a safety manage2 ment plan submitted under subsection (a), the Secretary

3 shall review the plan and approve it if the Secretary deter4 mines that it is consistent with and will assist in imple5 menting the safety management system established under

6 section 3203.

7 ‘‘(c) PROHIBITION ON VESSEL OPERATION.—A ves8 sel to which this chapter applies under section 3202(a)

9 may not be operated without having on board a Safety

10 Management Certificate and a copy of a Document of

11 Compliance issued for the vessel under section 3205 of

12 this title.

13 ‘‘§ 3205. Certification

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

15 After verifying that the responsible person for a vessel to

16 which this chapter applies and the vessel comply with the

17 applicable requirements under this chapter, the Secretary

18 shall issue for the vessel, on request of the responsible per19 son, a Safety Management Certificate and a Document of

20 Compliance.

21 ‘‘(b) MAINTENANCE OF CERTIFICATE AND DOCU22 MENT.—A Safety Management Certificate and a Docu23 ment of Compliance issued for a vessel under this section

24 shall be maintained by the responsible person for the ves25 sel as required by the Secretary.
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1 ‘‘(c) VERIFICATION OF COMPLIANCE.—The Secretary

2 shall—

3 ‘‘(1) periodically review whether a responsible

4 person having a safety management plan approved

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

6 plan applies is complying with the plan; and

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

8 and each Safety Management Certificate and Docu9 ment of Compliance issued to the person for a vessel

10 to which the plan applies, if the Secretary deter11 mines that the person or a vessel to which the plan

12 applies has not complied with the plan.

13 ‘‘(d) ENFORCEMENT.—At the request of the Sec14 retary, the Secretary of the Treasury shall withhold or re15 voke the clearance required by section 4197 of the Revised

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

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

18 the International Safety Management Code, if the vessel

19 does not have on board a Safety Management Certificate

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

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

22 satisfactory to the Secretary.’’.

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

24 at the beginning of subtitle II of title 46, United States
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1 Code, is amended by inserting after the item relating to

2 chapter 31 the following:

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

3 (c) STUDY.—

4 (1) STUDY.—The Secretary of the department

5 in which the Coast Guard is operating shall conduct,

6 in cooperation with the owners, charterers, and man7 aging operators of vessels documented under chapter

8 121 of title 46, United States Code, and other inter9 ested persons, a study of the methods that may be

10 used to implement and enforce the International

11 Management Code for the Safe Operation of Ships

12 and for Pollution Prevention under chapter IX of

13 the Annex to the International Convention for the

14 Safety of Life at Sea, 1974.

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

16 the Congress a report of the results of the study re17 quired under paragraph (1) before the earlier of—

18 (A) the date that final regulations are pre19 scribed under section 3203 of title 46, United

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

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

22 of enactment of this Act.
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1 SEC. 703. USE OF REPORTS, DOCUMENTS, RECORDS, AND

2 EXAMINATIONS OF OTHER PERSONS.

3 (a) REPORTS, DOCUMENTS, AND RECORDS.—Chap4 ter 31 of title 46, United States Code, is amended by add5 ing the following new section:

6 ‘‘§ 3103. Use of reports, documents, and records

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

8 with this subtitle, on—

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

10 persons who have been determined by the Secretary

11 to be reliable; and

12 ‘‘(2) other methods the Secretary has deter13 mined to be reliable.’’.

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

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

16 by adding at the end the following:

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

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

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

19 after ‘‘examine’’.

20 SEC. 704. EQUIPMENT APPROVAL.

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

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

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

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

25 prior approval of the Secretary.
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1 ‘‘(2) Except with respect to use on a public vessel,

2 the Secretary may treat an approval of equipment or ma3 terials by a foreign government as approval by the Sec4 retary for purposes of paragraph (1) if the Secretary de5 termines that—

6 ‘‘(A) the design standards and testing proce7 dures used by that government meet the require8 ments of the International Convention for the Safety

9 of Life at Sea, 1974;

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

11 by the foreign government will secure the safety of

12 individuals and property on board vessels subject to

13 inspection; and

14 ‘‘(C) for lifesaving equipment, the foreign gov15 ernment—

16 ‘‘(i) has given equivalent treatment to ap17 provals of lifesaving equipment by the Sec18 retary; and

19 ‘‘(ii) otherwise ensures that lifesaving

20 equipment approved by the Secretary may be

21 used on vessels that are documented and sub22 ject to inspection under the laws of that coun23 try.’’.

24 (b) FOREIGN APPROVALS.—The Secretary of Trans25 portation, in consultation with other interested Federal
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1 agencies, shall work with foreign governments to have

2 those governments approve the use of the same equipment

3 and materials on vessels documented under the laws of

4 those countries that the Secretary requires on United

5 States documented vessels.

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

7 of title 46, United States Code, is amended by striking

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

9 (3)’’.

10 SEC. 705. FREQUENCY OF INSPECTION.

11 (a) FREQUENCY OF INSPECTION, GENERALLY.—Sec12 tion 3307 of title 46, United States Code, is amended—

13 (1) in paragraph (1)—

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

15 and inserting ‘‘, nautical school vessel, and

16 small passenger vessel allowed to carry more

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

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

19 at the end;

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

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

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

23 striking ‘‘2 years’’ and inserting ‘‘5 years’’.
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1 (b) CONFORMING AMENDMENT.—Section 3710(b) of

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

3 months’’ and inserting ‘‘5 years’’.

4 SEC. 706. CERTIFICATE OF INSPECTION.

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

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

7 SEC. 707. DELEGATION OF AUTHORITY OF SECRETARY TO

8 CLASSIFICATION SOCIETIES.

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

10 title 46, United States Code, is amended—

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

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

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

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

15 (A) redesignating paragraph (2) as para16 graph (3); and

17 (B) striking so much of the subsection as

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

19 inserting the following:

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

21 Bureau of Shipping or another classification society recog22 nized by the Secretary as meeting acceptable standards

23 for such a society, for a vessel documented or to be docu24 mented under chapter 121 of this title, the authority to—
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1 ‘‘(A) review and approve plans required for is2 suing a certificate of inspection required by this

3 part;

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

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

6 this part and other related documents.

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

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

9 ‘‘(A) to the extent that the government of the

10 foreign country in which the society is headquartered

11 delegates authority and provides access to the Amer12 ican Bureau of Shipping to inspect, certify, and pro13 vide related services to vessels documented in that

14 country; and

15 ‘‘(B) if the foreign classification society has of16 fices and maintains records in the United States.’’.

17 (b) CONFORMING AMENDMENTS.—(1) The heading

18 for section 3316 of title 46, United States Code, is amend19 ed to read as follows:

20 ‘‘§ 3316. Classification societies’’.

21 (2) The table of sections for chapter 33 of title 46,

22 United States Code, is amended by striking the item relat23 ing to section 3316 and inserting the following:

‘‘3316. Classification societies.’’.
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1 SEC. 708. STUDY OF MARINE CASUALTY REPORTING RE2 QUIREMENTS.

3 The Coast Guard shall, within 9 months after the ef4 fective date of this title, conduct a study of current regu5 latory requirements regarding the reporting of marine cas6 ualties under section 6101 of title 46, United States Code,

7 to determine whether—

8 (1) marine casualties should be classified ac9 cording to the seriousness of nonfatal casualties;

10 (2) further regulations pertaining to the neces11 sity for alcohol and drug testing for each classifica12 tion need to be proposed;

13 (3) the regulations may exclude certain non-se14 rious casualties from the requirement that drug or

15 alcohol testing be performed; and

16 (4) the reporting of certain marine casualties

17 that may be classified as minor may be done on a

18 quarterly basis.

19 TITLE VIII—UNITED STATES

20 CRUISE VESSEL DEVELOPMENT

21 SEC. 801. SHORT TITLE.

22 This title may be cited as the ‘‘United States Cruise

23 Vessel Development Act’’.
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1 SEC. 802. PURPOSE.

2 The purpose of this title is to promote construction

3 and operation of United States flag cruise vessels in the

4 United States.

5 SEC. 803. COASTWISE TRANSPORTATION OF PASSENGERS.

6 Section 8 of the Act entitled ‘‘An Act to abolish cer7 tain fees for official services to American vessels, and to

8 amend the laws relating to shipping commissioners, sea9 men, and owners of vessels, and for other purposes’’, ap10 proved June 19, 1886 (46 App. U.S.C. 289), is amended

11 to read as follows:

12 ‘‘SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.

13 ‘‘(a) IN GENERAL.—Except as otherwise provided by

14 law, a vessel may transport passengers in coastwise trade

15 only if—

16 ‘‘(1) the vessel is owned by a person that is—

17 ‘‘(A) an individual who is a citizen of the

18 United States; or

19 ‘‘(B) a corporation, partnership, or asso20 ciation that is a citizen of the United States

21 under section 2(a) of the Shipping Act, 1916;

22 ‘‘(2) the vessel meets the requirements of sec23 tion 27 of the Merchant Marine Act, 1920; and

24 ‘‘(3) for a vessel that is at least 5 net tons, the

25 vessel is issued a certificate of documentation under
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1 chapter 121 of title 46, United States Code, with a

2 coastwise endorsement.

3 ‘‘(b) EXCEPTION FOR VESSEL UNDER DEMISE

4 CHARTER.—

5 ‘‘(1) IN GENERAL.—Subsection (a)(1) does not

6 apply to a cruise vessel operating under a demise

7 charter that—

8 ‘‘(A) has a term of at least 18 months; and

9 ‘‘(B) is to a person described in subsection

10 (a)(1).

11 ‘‘(2) EXTENSION OF PERIOD FOR OPER12 ATION.—A cruise vessel authorized to operate in

13 coastwise trade under paragraph (1) based on a de14 mise charter described in paragraph (1) may operate

15 in that coastwise trade during a period following the

16 termination of the charter of not more than 6

17 months, if the operation—

18 ‘‘(A) is approved by the Secretary; and

19 ‘‘(B) in accordance with such terms as

20 may be prescribed by the Secretary for that ap21 proval.

22 ‘‘(c) EXCEPTION FOR VESSEL TO BE REFLAGGED.—

23 ‘‘(1) EXCEPTION.—Subsection (a)(2) and sec24 tion 12106(a)(2)(A) of title 46, United States Code,

25 do not apply to a cruise vessel if—
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1 ‘‘(A) the vessel—

2 ‘‘(i) is not documented under chapter

3 121 of title 46, United States Code, on the

4 date of enactment of the United States

5 Cruise Vessel Development Act; and

6 ‘‘(ii) is not less than 5 years old and

7 not more than 15 years old on the first

8 date that the vessel is documented under

9 that chapter after that date of enactment;

10 and

11 ‘‘(B) the owner or charterer of the vessel

12 has entered into a contract for the construction

13 in the United States of another cruise vessel

14 that has a total berth or stateroom capacity

15 that is at least 80 percent of the capacity of the

16 cruise vessel.

17 ‘‘(2) TERMINATION OF AUTHORITY TO OPER18 ATE.—Paragraph (1) does not apply to a vessel after

19 the date that is 18 months after the date on which

20 a certificate of documentation with a coastwise en21 dorsement is first issued for the vessel after the date

22 of enactment of the United States Cruise Vessel De23 velopment Act if, before the end of that 18-month

24 period, the keel of another vessel has not been laid,

25 or another vessel is not at a similar stage of con-
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1 struction, under a contract required for the vessel

2 under paragraph (1)(B).

3 ‘‘(3) EXTENSION OF PERIOD BEFORE TERMI4 NATION.—The Secretary of Transportation may ex5 tend the period under paragraph (2) for not more

6 than 6 months for good cause shown.

7 ‘‘(d) LIMITATION ON OPERATIONS.—A person (in8 cluding a related person with respect to that person) that

9 owns or charters a cruise vessel operating in coastwise

10 trade under subsection (b) or (c) under a coastwise en11 dorsement may not operate any vessel between—

12 ‘‘(1) any 2 ports served by another cruise vessel

13 that transports passengers in coastwise trade under

14 subsection (a) on the date the Secretary issues the

15 coastwise endorsement; or

16 ‘‘(2) the islands of Hawaii.

17 ‘‘(e) PENALTIES.—

18 ‘‘(1) CIVIL PENALTY.—A person operating a

19 vessel in violation of this section is liable to the

20 United States Government for a civil penalty of

21 $1,000 for each passenger transported in violation of

22 this section.

23 ‘‘(2) FORFEITURE.—A vessel operated in know24 ing violation of this section, and its equipment, are
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1 liable to seizure by and forfeiture to the United

2 States Government.

3 ‘‘(3) DISQUALIFICATION FROM COASTWISE

4 TRADE.—A person that is required to enter into a

5 construction contract under subsection (c)(1)(B)

6 with respect to a cruise vessel (including any related

7 person with respect to that person) may not own or

8 operate any vessel in coastwise trade after the period

9 applicable under subsection (c)(2) with respect to

10 the cruise vessel, if before the end of that period a

11 keel is not laid and a similar stage of construction

12 is not reached under such a contract.

13 ‘‘(f) DEFINITIONS.—In this section—

14 ‘‘(1) the term ‘coastwise trade’ includes trans15 portation of a passenger between points in the

16 United States, either directly or by way of a foreign

17 port;

18 ‘‘(2) the term ‘cruise vessel’ means a vessel

19 that—

20 ‘‘(A) is at least 10,000 gross tons (as

21 measured under chapter 143 of title 46, United

22 States Code);

23 ‘‘(B) has berth or stateroom accommoda24 tions for at least 200 passengers; and

25 ‘‘(C) is not a ferry; and
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1 ‘‘(3) the term ‘related person’ means, with re2 spect to a person—

3 ‘‘(A) a holding company, subsidiary, affili4 ate, or association of the person; and

5 ‘‘(B) an officer, director, or agent of the

6 person or of an entity referred to in subpara7 graph (A).’’.

8 SEC. 804. CONSTRUCTION STANDARDS.

9 Section 3309 of title 46, United States Code, is

10 amended by adding at the end the following:

11 ‘‘(d)(1) A vessel described in paragraph (3) is deemed

12 to comply with parts B and C of this subtitle.

13 ‘‘(2) The Secretary shall issue a certificate of inspec14 tion under subsection (a) to a vessel described in para15 graph (3).

16 ‘‘(3) A vessel is described in this paragraph if—

17 ‘‘(A) it meets the standards and conditions for

18 the issuance of a control verification certificate to a

19 foreign vessel embarking passengers in the United

20 States;

21 ‘‘(B) a coastwise endorsement is issued for the

22 vessel under section 12106 of this title after the date

23 of enactment of the United States Cruise Vessel De24 velopment Act; and
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1 ‘‘(C) the vessel is authorized to engage in coast2 wise trade by reason of section 8(c) of the Act enti3 tled ‘An Act to abolish certain fees for official serv4 ices to American vessels, and to amend the laws re5 lating to shipping commissioners, seamen, and own6 ers of vessels, and for other purposes’, approved of

7 June 19, 1886.’’.

8 SEC. 805. CITIZENSHIP FOR PURPOSES OF DOCUMENTA9 TION.

10 Section 2 of the Shipping Act, 1916 (46 App. U.S.C.

11 802), is amended—

12 (1) in subsection (a) by inserting ‘‘other than

13 primarily in the transport of passengers,’’ after ‘‘the

14 coastwise trade’’; and

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

16 ‘‘(e) For purposes of determining citizenship under

17 subsection (a) with respect to operation of a vessel pri18 marily in the transport of passengers in coastwise trade,

19 the controlling interest in a partnership or association that

20 owns the vessel shall not be deemed to be owned by citi21 zens of the United States unless a majority interest in the

22 partnership or association is owned by citizens of the

23 United States free from any trust or fiduciary obligation

24 in favor of any person that is not a citizen of the United

25 States.’’.
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1 SEC. 806. AMENDMENT TO TITLE XI OF THE MERCHANT MA2 RINE ACT, 1936.

3 Section 1101(b) of the Merchant Marine Act, 1936

4 (46 App. U.S.C. 1271(b)) is amended by striking ‘‘pas5 senger cargo’’ and inserting ‘‘passenger, cargo,’’.

6 SEC. 807. PERMITS FOR VESSELS ENTERING UNITS OF NA7 TIONAL PARK SYSTEM.

8 (a) PRIORITY.—Notwithstanding any other provision

9 of law, the Secretary of the Interior may not permit a per10 son to operate a vessel in any unit of the National Park

11 System except in accordance with the following priority:

12 (1) First, any person that—

13 (A) will operate a vessel that is docu14 mented under the laws of, and the home port

15 of which is located in, the United States; or

16 (B) holds rights to provide visitor services

17 under section 1307(a) of the Alaska National

18 Interest Lands Conservation Act (16 U.S.C.

19 3197(A)).

20 (2) Second, any person that will operate a ves21 sel that—

22 (A) is documented under the laws of a for23 eign country, and

24 (B) on the date of the enactment of this

25 Act is permitted to be operated by the person

26 in the unit.
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1 (3) Third, any person that will operate a vessel

2 other than a vessel described in paragraph (1) or

3 (2).

4 (b) REVOCATION OF PERMITS FOR FOREIGN-DOCU5 MENTED VESSELS.—The Secretary of the Interior shall

6 revoke or refuse to renew permission granted by the Sec7 retary for the operation of a vessel documented under the

8 laws of a foreign country in a unit of the National Park

9 System, if—

10 (1) a person requests permission to operate a

11 vessel documented under the laws of the United

12 States in that unit; and

13 (2) the permission may not be granted because

14 of a limit on the number of permits that may be is15 sued for that operation.

16 (c) RESTRICTIONS ON REVOCATION OF PERMITS.—

17 The Secretary of the Interior may not revoke or refuse

18 to renew permission under subsection (b) for any person

19 holding rights to provide visitor services under section

20 1307(a) of the Alaska National Interest Lands Conserva21 tion Act (16 U.S.C. 3197(a)).

22 (d) RETURN OF PERMITS.—Any person whose per23 mission to provide visitors services in a unit of the Na24 tional Park System has been revoked or not renewed

25 under subsection (b) shall have the right of first refusal
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1 to a permit to provide visitors services in that unit of the

2 National Park System that becomes available when the

3 conditions described in subsection (b) no longer apply.

4 Such right shall be limited to the number of permits which

5 are revoked or not renewed.

6 TITLE IX—BOATING

7 IMPROVEMENT

8 SEC. 901. SHORT TITLE.

9 This title may be cited as the ‘‘Boating Improvement

10 Act of 1994’’.

11 SEC. 902. BOATING SAFETY GRANTS.

12 (a) TRANSFER OF AMOUNTS FOR STATE BOATING

13 SAFETY PROGRAMS.—

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

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

16 read as follows:

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

18 remaining after making the distribution under subsection

19 (a), an amount equal to $15,000,000 for fiscal year 1995,

20 $40,000,000 for fiscal year 1996, $55,000,000 for fiscal

21 year 1997, and $69,000,000 for each of fiscal years 1998

22 and 1999, shall, subject to paragraph (2), be used as fol23 lows:

24 ‘‘(A) A sum equal to $7,500,000 of the amount

25 available for fiscal year 1995, and a sum equal to
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1 $10,000,000 of the amount available for each of fis2 cal years 1996 and 1997, shall be available for use

3 by the Secretary of the Interior for grants under

4 section 5604(c) of the Clean Vessel Act of 1992.

5 Any portion of such a sum available for a fiscal year

6 that is not obligated for those grants before the end

7 of the following fiscal year shall be transferred to

8 the Secretary of Transportation and shall be ex9 pended by the Secretary of Transportation for State

10 recreational boating safety programs under section

11 13106 of title 46, United States Code.

12 ‘‘(B) A sum equal to $7,500,000 of the amount

13 available for fiscal year 1995, $30,000,000 of the

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

15 of the amount available for fiscal year 1997, and

16 $59,000,000 of the amount available for each of fis17 cal years 1998 and 1999, shall be transferred to the

18 Secretary of Transportation and shall be expended

19 by the Secretary of Transportation for State rec20 reational boating safety programs under section

21 13106 of title 46, United States Code.

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

23 amount available for each of fiscal years 1998 and

24 1999 shall be available for use by the Secretary of

25 the Interior for—
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1 ‘‘(i) grants under section 903(e) of the

2 Boating Improvement Act of 1994; and

3 ‘‘(ii) grants under section 5604(c) of the

4 Clean Vessel Act of 1992.

5 Any portion of such a sum available for a fiscal year that

6 is not obligated for those grants before the end of the fol7 lowing fiscal year shall be transferred to the Secretary of

8 Transportation and shall be expended by the Secretary of

9 Transportation for State recreational boating safety pro10 grams under section 13106 of title 46, United States

11 Code.

12 ‘‘(2)(A) Beginning with fiscal year 1996, the amount

13 transferred under paragraph (1)(B) for a fiscal year shall

14 be reduced by the lesser of—

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

16 of Transportation for that fiscal year to carry out

17 the purposes of section 13106 of title 46, United

18 States Code, from the Boat Safety Account in the

19 Aquatic Resources Trust Fund established under

20 section 9504 of the Internal Revenue Code of 1986;

21 or

22 ‘‘(ii) $35,000,000; or

23 ‘‘(iii) for fiscal year 1996 only, $30,000,000.
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1 ‘‘(B) The amount of any reduction under subpara2 graph (A) shall be apportioned among the several States

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

4 (2) CONFORMING AMENDMENT.—Section

5 5604(c)(1) of the Clean Vessel Act of 1992 (33

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

7 4(b)(2) of the Act of August 9, 1950 (16 U.S.C.

8 777c(b)(2), as amended by this Act)’’ and inserting

9 ‘‘section 4(b)(1) of the Act of August 9, 1950 (16

10 U.S.C. 777c(b)(1))’’.

11 (3) LIMITATION ON OTHER DISTRIBUTION.—

12 Notwithstanding any other law, the amount distrib13 uted under section 4(a) of the Act of August 9,

14 1950 (16 U.S.C. 777c(a)), in fiscal year 1996 may

15 not exceed $50,000,000.

16 (b) EXPENDITURE OF AMOUNTS FOR STATE REC17 REATIONAL BOATING SAFETY PROGRAMS.—Section

18 13106 of title 46, United States Code, is amended—

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

20 sentence and inserting the following: ‘‘Subject to

21 paragraph (2), the Secretary shall expend under

22 contracts with States under this chapter in each fis23 cal year for State recreational boating safety pro24 grams an amount equal to the sum of the amount

25 appropriated from the Boat Safety Account for that
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1 fiscal year plus the amount transferred to the Sec2 retary under section 4(b)(1) of the Act of August 9,

3 1950 (16 U.S.C. 777c(b)(1)) for that fiscal year.’’;

4 and

5 (2) by amending subsection (c) to read as fol6 lows:

7 ‘‘(c) For expenditure under this chapter for State rec8 reational boating safety programs there are authorized to

9 be appropriated to the Secretary of Transportation from

10 the Boat Safety Account established under section

11 9503(c)(4) of the Internal Revenue Code of 1986 (26

12 U.S.C. 9503(c)(4)) not more than $35,000,000 each fiscal

13 year.’’.

14 SEC. 903. BOATING ACCESS.

15 (a) FINDINGS.—The Congress makes the following

16 findings:

17 (1) Nontrailerable recreational motorboats con18 tribute 15 percent of the gasoline taxes deposited in

19 the Aquatic Resources Trust Fund while constitut20 ing less than 5 percent of the recreational vessels in

21 the United States.

22 (2) The majority of recreational vessel access

23 facilities constructed with Aquatic Resources Trust

24 Fund moneys benefit trailerable recreational vessels.
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1 (3) More Aquatic Resources Trust Fund mon2 eys should be spent on recreational vessel access fa3 cilities that benefit recreational vessels that are

4 nontrailerable vessels.

5 (b) PURPOSE.—The purpose of this section is to pro6 vide funds to States for the development of public facilities

7 for transient nontrailerable vessels.

8 (c) SURVEY.—Within 18 months after the date of the

9 enactment of this Act, any State may complete and submit

10 to the Secretary of the Interior a survey which identifies—

11 (1) the number and location in the State of all

12 public facilities for transient nontrailerable vessels;

13 and

14 (2) the number and areas of operation in the

15 State of all nontrailerable vessels that operate on

16 navigable waters in the State.

17 (d) PLAN.—Within 6 months after submitting a sur18 vey to the Secretary of the Interior in accordance with

19 subsection (c), a State may develop and submit to the Sec20 retary of the Interior a plan for the construction and ren21 ovation of public facilities for transient nontrailerable ves22 sels to meet the needs of nontrailerable vessels operating

23 on navigable waters in the State.

24 (e) GRANT PROGRAM.—
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1 (1) MATCHING GRANTS.—The Secretary of the

Interior may obligate not less than 1 2 ⁄2 of the amount

3 made available for each of fiscal years 1998 and

4 1999 under section 4(b)(1)(C) of the Act of August

5 9, 1950, as amended by section 902(a)(1) of this

6 title, to make grants to any State to pay not more

7 than 75 percent of the cost of constructing or ren8 ovating public facilities for transient nontrailerable

9 vessels.

10 (2) PRIORITIES.—

11 (A) IN GENERAL.—In awarding grants

12 under this subsection, the Secretary of the Inte13 rior shall give priority to projects that consist

14 of the construction or renovation of public fa15 cilities for transient nontrailerable vessels in ac16 cordance with a plan submitted by a State sub17 mitted under subsection (b).

18 (B) WITHIN STATE.—In awarding grants

19 under this subsection for projects in a particu20 lar State, the Secretary of the Interior shall

21 give priority to projects that are likely to serve

22 the greatest number of nontrailerable vessels.

23 SEC. 904. DEFINITIONS.

24 For the purpose of this title the term—
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1 (1) ‘‘Act of August 9, 1950’’ means the Act en2 titled ‘‘An Act to provide that the United States

3 shall aid the States in fish restoration and manage4 ment projects, and for other purposes’’, approved

5 August 9, 1950 (16 U.S.C. 777a et seq.);

6 (2) ‘‘nontrailerable vessel’’ means a recreational

7 vessel greater than 26 feet in length;

8 (3) ‘‘public facilities for transient nontrailerable

9 vessels’’ means mooring buoys, day-docks, seasonal

10 slips or similar structures located on navigable wa11 ters, that are available to the general public and de12 signed for temporary use by nontrailerable vessels;

13 (4) ‘‘recreational vessel’’ means a vessel—

14 (A) operated primarily for pleasure; or

15 (B) leased, rented, or chartered to another

16 for the latter’s pleasure; and

17 (5) ‘‘State’’ means each of the several States of

18 the United States, the District of Columbia, the

19 Commonwealth of Puerto Rico, Guam, American

20 Samoa, the United States Virgin Islands, and the

21 Commonwealth of the Northern Mariana Islands.
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1 TITLE X—DOCUMENTATION OF

2 VESSELS

3 SEC. 1001. AUTHORIZATION OF DOCUMENTATION FOR VAR4 IOUS VESSELS

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

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

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

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

9 12107, and 12108 of title 46, United States Code, the

10 Secretary of the department in which the Coast Guard is

11 operating may issue a certificate of documentation with

12 appropriate endorsements for the vessels listed in sub13 section (b).

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

15 subsection (a) are the following:

16 (1) ABORIGINAL (United States official num17 ber 942118).

18 (2) ALPHA TANGO (United States official

19 number 945782)

20 (3) ANNAPOLIS (United States official num21 ber 999008).

22 (4) ARTHUR ATKINSON (former United

23 States official number 214656).

24 (5) ATTITUDE (North Carolina registration

25 number NC3607AN).
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1 (6) BIG DAD (United States official number

2 565022).

3 (7) BROKEN PROMISE (United States offi4 cial number 904435).

5 (8) CHESAPEAKE (United States official

6 number 999010).

7 (9) CHRISSY (Maine registration number

8 ME4778B).

9 (10) CONSORT (United States official number

10 999005).

11 (11) CURTIS BAY (United States official

12 number 999007).

13 (12) EAGLE MAR (United States official num14 ber 575349).

15 (13) ENDEAVOR (United States official num16 ber 947869).

17 (14) FIFTY ONE (United States official num18 ber 1020419).

19 (15) FIREBIRD (United States official number

20 253656).

21 (16) GIBRALTAR (United States official num22 ber 668634).

23 (17) HAMPTON ROADS (United States offi24 cial number 999009).
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1 (18) ISABELLE (United States official num2 ber 600655).

3 (19) JAMESTOWN (United States official

4 number 999006).

5 (20) JOAN MARIE (North Carolina official

6 number NC2319AV).

7 (21) KLIPPER (New York registration number

8 NY8166AN).

9 (22) L.R. BEATTIE (United States official

10 number 904161).

11 (23) LADY ANGELA (United States official

12 number 933045).

13 (24) LADY HAWK (United States official

14 number 961095).

15 (25) LADY HELEN (United States official

16 number 527746).

17 (26) MANDIRAN (United States official num18 ber 939915).

19 (27) MEMORY MAKER (Maryland registra20 tion number MD8867AW, hull number 3151059).

21 (28) OLD HAT (United States official number

22 508299).

23 (29) ORCA (United States official number

24 504279).
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1 (30) REEL TOY (United States official num2 ber 698383).

3 (31) RENDEZVOUS (United States official

4 number 924140).

5 (32) SALLIE D (Maryland registration number

6 MD2655A).

7 (33) SEAHAWK (United States official num8 ber 673537).

9 (34) SEAHAWK III (United States official

10 number 996375).

11 (35) SEA MISTRESS (United States official

12 number 696806).

13 (36) SHAMROCK V (United States official

14 number 900936).

15 (37) SILENT WINGS (United States official

16 number 969182).

17 (38) SPIRIT OF THE PACIFIC NORTH18 WEST (Bahamian official number 725338).

19 (39) SUNSHINE (United States official num20 ber 974320).

21 (40) TECUMSEH (United States official num22 ber 668633).

23 (41) VIKING (former United States official

24 number 224430).
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1 (42) WOLF GANG II (United States official

2 number 984934).

3 (43) A hopper barge owned by Foley & Foley

4 Marine Contractors, Inc. (United States official

5 number 264959).

6 (44) Each of 2 barges owned by Roen Salvage

7 Co., numbered 103 and 203.

8 (45) Each of 3 spud barges owned by Dan’s

9 Excavating, Inc., as follows:

10 (A) Spud barge 102 (United States official

11 number 1021958).

12 (B) Spud barge 103 (United States official

13 number 1021960).

14 (C) Spud barge 968 (United States official

15 number 1021959).

16 (46) Each of 3 barges owned by Harbor Marine

17 Corporation of Rhode Island, as follows:

18 (A) HARBOR 223 (approximately 110

19 feet in length).

20 (B) GENE ELIZABETH (approximately

21 200 feet in length).

22 (C) HARBOR 221 (approximately 90 feet

23 in length).

24 (47) SMALLEY 6808 Amphibious Dredge

25 (Florida registration number FL1855FF).
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1 (48) TOO MUCH FUN (United States official

2 number 936565).

3 SEC. 1002. AUTHORIZATION OF DOCUMENTATION FOR THE

4 ATLANTIS III.

5 Notwithstanding section 27 of the Merchant Marine

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

7 (46 App. U.S.C. 289), and section 12106 of title 46, Unit8 ed States Code, the Secretary of the department in which

9 the Coast Guard is operating may issue a certificate of

10 documentation with appropriate coastwise endorsement

11 for employment in the coastwise trade in Alaska during

12 the period beginning May 1, 1995, and ending October

13 31, 1996, for the vessel ATLANTIS III (Canadian official

14 number CG006455).

15 SEC. 1003. AUTHORIZATION OF SALE AND REREGISTRA16 TION.

17 Notwithstanding any other law or agreement with the

18 United States Government, the vessels SS LAKE

19 CHARLES (United States official number 619531) and

20 SS LOUISIANA (United States official number 619532)

21 may be sold to a person that is not a citizen of the United

22 States and transferred to or placed under a foreign reg23 istry if an application to authorize payment of operating24 differential subsidy to the vessels is not approved by De25 cember 15, 1994.
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1 SEC. 1004. VESSEL DOCUMENTATION FOR CHARITY

2 CRUISES.

3 (a) AUTHORITY TO DOCUMENT VESSELS.—

4 (1) IN GENERAL.—Notwithstanding section 27

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

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

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

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

9 the department in which the Coast Guard is operat10 ing may issue a certificate of documentation with a

11 coastwise endorsement for each of the vessels—

12 (A) GALLANT LADY (Feadship hull

13 number 645, approximately 130 feet in length);

14 and

15 (B) GALLANT LADY (Feadship hull

16 number 651, approximately 172 feet in length).

17 (2) LIMITATION ON OPERATION.—Coastwise

18 trade authorized under a certificate of documenta19 tion issued for a vessel under this section shall be

20 limited to carriage of passengers in association with

21 contributions to charitable organizations no portion

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

23 owner of the vessel.

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

25 any certificate of documentation under paragraph

26 (1) unless the owner of the vessel referred to in
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1 paragraph (1)(A) (in this section referred to as the

2 ‘‘owner’’), within 90 days after the date of the en3 actment of this Act, submits to the Secretary a let4 ter expressing the intent of the owner to enter into

5 a contract before October 1, 1996, for construction

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

7 130 feet in length.

8 (4) EFFECTIVE DATE OF CERTIFICATES.—A

9 certificate of documentation issued under paragraph

10 (1)—

11 (A) for the vessel referred to in paragraph

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

13 of the certificate; and

14 (B) for the vessel referred to in paragraph

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

16 of the vessel to the owner.

17 (b) TERMINATION OF EFFECTIVENESS OF CERTIFI18 CATES.—A certificate of documentation issued for a vessel

19 under section (a)(1) shall expire—

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

21 owner;

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

23 entered into a contract for construction of a vessel

24 in accordance with the letter of intent submitted to

25 the Secretary under subsection (a)(3); and
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1 (3) on any date on which such a contract is

2 breached, rescinded, or terminated (other than for

3 completion of performance of the contract) by the

4 owner.

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

6 DRILL.

7 Section 601(d) of Public Law 103–206 is amended

8 by striking ‘‘June 30’’ in subpart (3) and inserting ‘‘De9 cember 31’’ and by striking ‘‘12’’ in subpart (4) and in10 serting ‘‘18’’.

11 TITLE XI—UNITED STATES PAS12 SENGER VESSEL FLAG ACT

13 OF 1994

14 SEC. 1101. SHORT TITLE.

15 This title may be cited as the ‘‘United States-Flag

16 Passenger Vessel Act of 1994’’.

17 SEC. 1102. COASTWISE TRANSPORTATION OF PASSENGERS.

18 (a) IN GENERAL.—Section 8 of the Act of June 19,

19 1886 (46 App. U.S.C. 289), is amended—

20 (1) by inserting ‘‘(a)’’ after ‘‘SEC. 8.’’; and

21 (2) by adding at the end the following new sub22 sections:

23 ‘‘(b) VOYAGES-TO-NOWHERE.—

24 ‘‘(1) IN GENERAL.—Notwithstanding any other

25 law, a vessel may transport passengers on a covered
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1 voyage from a place in the United States subject to

2 the coastwise trade laws only if—

3 ‘‘(A) the vessel is owned by a person that

4 is—

5 ‘‘(i) an individual who is a citizen of

6 the United States; or

7 ‘‘(ii) a corporation, partnership, or as8 sociation that is a citizen of the United

9 States under section 2(a) of the Shipping

10 Act, 1916; and

11 ‘‘(B) for a vessel that is at least 5 net

12 tons, the vessel is documented under chapter

13 121 of title 46, United States Code, with a

14 coastwise endorsement.

15 ‘‘(2) PENALTIES.—

16 ‘‘(A) CIVIL PENALTY.—A person operating

17 a vessel in violation of this subsection is liable

18 to the United States Government for a civil

19 penalty of $1,000 for each passenger trans20 ported in violation of this subsection.

21 ‘‘(B) FORFEITURE.—A vessel operated in

22 knowing violation of this subsection, and its

23 equipment, are liable to seizure by and forfeit24 ure to the United States Government.

25 ‘‘(c) DEFINITIONS.—For purposes of this section—
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1 ‘‘(1) the term ‘covered voyage’ means transpor2 tation of a passenger from a place in any State or

3 possession of the United States and returning to

4 that place, if during that transportation no pas5 senger departs from the vessel in a foreign country;

6 and

7 ‘‘(2) the term ‘passenger’ does not include a

8 travel agent on a voyage if—

9 ‘‘(A) the purpose of the voyage is to pro10 mote future trips on the vessel;

11 ‘‘(B) money is not paid to the vessel owner

12 or charterer for the voyage; and

13 ‘‘(C) the voyage goes beyond the territorial

14 sea of the United States.’’.

15 (b) EXCEPTION.—

16 (1) IN GENERAL.—Notwithstanding the amend17 ments made by subsection (a), an ineligible vessel

18 may engage in transport of passengers in coastwise

19 trade (as those terms are defined in those amend20 ments) on a trade route, if—

21 (A) the vessel engaged, in the period begin22 ning January 1, 1990, and ending March 9,

23 1993, in transport of passengers in coastwise

24 trade on that trade route; and
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1 (B) within one year after the date of the

2 enactment of this Act, the owner files with the

3 Secretary of Transportation an affidavit certify4 ing compliance with subparagraph (A) and list5 ing each trade route on which the vessel en6 gaged in transport of passengers in coastwise

7 trade in the period described in subparagraph

8 (A).

9 (2) SCHEDULED EXPIRATION OF EXCEPTION.—

10 Paragraph (1) does not apply to an ineligible vessel

11 after the later of—

12 (A) January 1, 2000,

13 (B) the date that is 15 years after the date

14 of completion of construction of the vessel, or

15 (C) the date that is 15 years after the date

16 of completion of any major conversion of the

17 vessel that is begun before the date of the en18 actment of this Act.

19 (3) EXPIRATION OF EXCEPTION FOR FAILURE

20 TO RECREW.—Paragraph (1) does not apply to an

21 ineligible vessel after the date that is 5 years after

22 the date of the enactment of this Act, unless—

23 (A) each individual employed on the vessel

24 after the one-year period beginning on the date

25 of the enactment of this Act is either a citizen
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1 of the United States or an alien lawfully admit2 ted to the United States for permanent resi3 dence; and

4 (B) not more than 25 percent of the total

5 number of individuals employed on the vessel

6 after the one-year period beginning on the date

7 of the enactment of this Act are aliens lawfully

8 admitted to the United States for permanent

9 residence.

10 (4) TERMINATION OF EXCEPTION UPON ENTRY

11 OF REPLACEMENT.—Paragraph (1) does not apply

12 to an ineligible vessel with respect to a trade route

13 after the date of the entry into service on that trade

14 route of an eligible vessel, if—

15 (A) the eligible vessel has a passenger car16 rying capacity that is equal to at least 75 per17 cent of the passenger carrying capacity of the

18 ineligible vessel, as determined by the Secretary

19 of the Department in which the Coast Guard is

20 operating;

21 (B) the person that is the owner or

22 charterer of the eligible vessel submits to the

23 Secretary of Transportation, by not later than

24 270 days before the date of that entry into

25 service—
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1 (i) a notice of the intent of the person

2 to enter into that service; and

3 (ii) such evidence as the Secretary

4 may require that the person is offering and

5 advertising that service;

6 (C) any individual employed on the ineli7 gible vessel after the one-year period beginning

8 on the date of the enactment of this Act—

9 (i) is not a citizen of the United

10 States; and

11 (ii) is not an alien lawfully admitted

12 to the United States for permanent resi13 dence; and

14 (D) more than 25 percent of the total

15 number of individuals employed on the ineligible

16 vessel after the one-year period beginning on

17 the date of the enactment of this Act are aliens

18 lawfully admitted to the United States for per19 manent residence.

20 (5) TERMINATION OF EXCEPTION UPON SALE

21 OF VESSEL.—Paragraph (1) does not apply to an in22 eligible vessel after any date on which the vessel is

23 sold after the date of the enactment of this Act.

24 (6) DEFINITIONS.—In this subsection—
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1 (A) the term ‘‘eligible vessel’’ means a ves2 sel that is eligible under chapter 121 of title 46,

3 United States Code, for a certificate of docu4 mentation authorizing the vessel to engage in

5 coastwise trade;

6 (B) the term ‘‘ineligible vessel’’ means a

7 vessel that is not eligible under chapter 121 of

8 title 46, United States Code, for a certificate of

9 documentation authorizing the vessel to engage

10 in coastwise trade; and

11 (C) the term ‘‘major conversion’’ has the

12 meaning that term has under section 2101 of

13 title 46, United States Code.

14 SEC. 1103. DOCUMENTATION OF VESSELS.

15 (a) Notwithstanding section 27 of the Merchant Ma16 rine Act, 1920 (46 App. U.S.C. 883), the Act of June

17 19, 1886 (46 App. U.S.C. 289), and sections 12106 and

18 12107 of title 46, United States Code, the Secretary of

19 Transportation may issue certificates of documentation

20 with appropriate endorsement for employment in the

21 coastwise trade for the vessel M/V Helton Voyager (Span22 ish registration lista 2A–Folio–592) if—

23 (1) the person documenting the vessel entered

24 a contract before May 21, 1992, to purchase the ves25 sel;
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1 (2) the vessel undergoes a major conversion (as

2 defined in section 2101 of title 46, United States

3 Code) in a United States shipyard under a contract

4 signed before January 1, 1994;

5 (3) the cost of the major conversion is more

6 than the value of the vessel before the major conver7 sion; and

8 (4) the major conversion is completed and the

9 vessel is documented under chapter 121 of title 46,

10 United States Code, with a coastwise endorsement

11 before January 1, 1995.

12 (b)(1) The vessel Star of Texas (Lloyds register num13 ber L5103936) may engage in coastwise trade out of the

14 Port of Galveston during the 5-year period beginning on

15 the date of the enactment of this Act, if during the period

16 beginning 30 days after that date of enactment and ending

17 5 years after that date of enactment—

18 (A) at least 60 employees engaged on the vessel

19 are United States citizens;

20 (B) of the employees engaged on the vessel who

21 are United States citizens, at least 60 are proficient

22 in lifeboat training, firefighting, and vessel evacu23 ation under standards certified by the United States

24 Coast Guard;
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1 (C) all repairs and alterations to the vessel are

2 done in United States shipyards;

3 (D) the vessel is a United States documented

4 vessel before the end of that period; and

5 (E) all other employees are instructed in basic

6 safety techniques.

7 (2) Notwithstanding section 27 of the Merchant Ma8 rine Act, 1920 (46 App. U.S.C. 883) and section 12106

9 of title 46, United States Code, and subject to paragraph

10 (1), the Secretary of Transportation may issue a certifi11 cate of documentation with appropriate endorsement for

12 employment in the coastwise trade in the period described

13 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.