IIA

103D CONGRESS

2D SESSION H. R. 4852

IN THE SENATE OF THE UNITED STATES

OCTOBER 7 (legislative day, SEPTEMBER 12), 1994

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

and Transportation

AN ACT

To provide congressional approval of a governing international fishery agreement, to authorize appropriations

for the Coast Guard for fiscal year 1995, 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 ‘‘Oceans Act of 1994’’.

5 SEC. 2. TABLE OF CONTENTS.

6 The table of contents for this Act is as follows:
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1 TABLE OF CONTENTS

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—HIGH SEAS FISHERIES LICENSING

Sec. 101. Short title.

Sec. 102. Purpose.

Sec. 103. Definitions.

Sec. 104. Licensing.

Sec. 105. Responsibilities of the Secretary.

Sec. 106. Unlawful activities.

Sec. 107. Enforcement provisions.

Sec. 108. Civil penalties and license sanctions.

Sec. 109. Criminal offenses.

Sec. 110. Forfeitures.

Sec. 111. Effective date.

TITLE II—IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL COOPERATION IN THE NORTHWEST ATLANTIC

FISHERIES

Sec. 201. Short title.

Sec. 202. Representation of United States under Convention.

Sec. 203. Requests for scientific advice.

Sec. 204. Authorities of Secretary of State with respect to Convention.

Sec. 205. Interagency cooperation.

Sec. 206. Rulemaking.

Sec. 207. Prohibited acts and penalties.

Sec. 208. Consultative Committee.

Sec. 209. Administrative matters.

Sec. 210. Definitions.

Sec. 211. Authorization of appropriations.

TITLE III—GOVERNING INTERNATIONAL FISHERY AGREEMENT

Sec. 301. Agreement with Lithuania.

TITLE IV—ATLANTIC TUNAS CONVENTION ACT

Sec. 401. Short title.

Sec. 402. Research and monitoring activities.

Sec. 403. Advisory Committee procedures.

Sec. 404. Regulations.

Sec. 405. Fines and permit sanctions.

Sec. 406. Authorization of appropriations.

Sec. 407. Report and certification.

Sec. 408. Sense of the Congress regarding conservation and management of Atlantic bluefin tuna.

TITLE V—FISHERMEN’S PROTECTIVE ACT

Sec. 501. Findings.

Sec. 502. Amendment to the Fishermen’s Protective Act of 1967.

Sec. 503. Reauthorization.

Sec. 504. Technical corrections.
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TITLE VI—FISHERIES ENFORCEMENT IN CENTRAL SEA OF

OKHOTSK

Sec. 601. Short title.

Sec. 602. Fishing prohibition.

TITLE VII—COAST GUARD AUTHORIZATIONS

Sec. 701. Authorization of appropriations.

Sec. 702. Authorized levels of military strength and training.

Sec. 703. Drug interdiction activities.

TITLE VIII—COAST GUARD PERSONNEL MANAGEMENT

IMPROVEMENT

Sec. 801. Hurricane Andrew relief.

Sec. 802. Dissemination of results of 0–6 continuation boards.

Sec. 803. Exclude certain reserves from end-of-year strength.

Sec. 804. Provision of child development services.

TITLE IX—NAVIGATION SAFETY AND WATERWAY SERVICES

MANAGEMENT

Sec. 901. Foreign passenger vessel user fees.

Sec. 902. Documentation violation.

Sec. 903. Clerical amendment.

Sec. 904. Renewal of Houston-Galveston Navigation Safety Advisory Committee

and Lower Mississippi River Waterway Advisory Committee.

TITLE X—MISCELLANEOUS PROVISIONS

Sec. 1001. Officer retention until retirement eligible.

Sec. 1002. Continuing obligation to provide documentation information at existing locations.

Sec. 1003. Continuation of the Commercial Fishing Industry Vessel Advisory

Committee.

Sec. 1004. Prohibition on station closures.

Sec. 1005. Renewal of the Navigation Safety Advisory Council.

Sec. 1006. Coast Guard Reserve peacetime requirements plan.

Sec. 1007. Prohibition on overhaul, repair, and maintenance of Coast Guard

vessels in foreign shipyards.

Sec. 1008. Electronic filing of commercial instruments.

Sec. 1009. Sense of the Congress regarding funding for Coast Guard.

Sec. 1010. Contracts for health care services.

Sec. 1011. Vessel financing.

Sec. 1012. Repeal of Great Lakes endorsements.

TITLE XI—RECREATIONAL BOATING SAFETY

Sec. 1101. Short title.

Sec. 1102. Personal flotation devices required for children.

Sec. 1103. Allocation of funds based on State adoption of laws regarding boating while intoxicated.

Sec. 1104. Marine casualty reporting.

Sec. 1105. Requiring violators to take recreational boating safety course.

Sec. 1106. Technical corrections.

TITLE XII—COAST GUARD REGULATORY REFORM
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Sec. 1201. Short title.

Sec. 1202. Safety management.

Sec. 1203. Use of reports, documents, records, and examinations of other persons.

Sec. 1204. Equipment approval.

Sec. 1205. Frequency of inspection.

Sec. 1206. Certificate of inspection.

Sec. 1207. Delegation of authority of Secretary to classification societies.

Sec. 1208. Study of marine casualty reporting requirements.

TITLE XIII—UNITED STATES CRUISE VESSEL DEVELOPMENT

Sec. 1301. Short title.

Sec. 1302. Purpose.

Sec. 1303. Coastwise transportation of passengers.

Sec. 1304. Construction standards.

Sec. 1305. Citizenship for purposes of documentation.

Sec. 1306. Loan guarantees.

Sec. 1307. Permits for vessels entering units of National Park System.

TITLE XIV—BOATING IMPROVEMENT

Sec. 1401. Short title.

Sec. 1402. Boating safety grants.

Sec. 1403. Boating access.

Sec. 1404. Definitions.

TITLE XV—TOWING VESSEL NAVIGATIONAL SAFETY

Sec. 1501. Short title.

Sec. 1502. Minimum navigational safety equipment for towing vessels.

Sec. 1503. Reporting marine casualties.

Sec. 1504. Report on feasibility of establishing a Differential Global Positioning

Satellite Navigation System and electronic charts for inland

waterways.

Sec. 1505. Manning and licensing requirements for towing vessels.

Sec. 1506. Civil penalties.

Sec. 1507. Merchant mariners’ documents required.

TITLE XVI—PROMOTION OF CONSTRUCTION AND DEVELOPMENT

OF UNITED STATES OFFSHORE SUPPLY VESSELS

Sec. 1601. Short title.

Sec. 1602. Definition of offshore supply vessel.

Sec. 1603. Application to vessels.

Sec. 1604. Authority to prescribe regulations for manning and licensing.

Sec. 1605. Citizenship requirement.

Sec. 1606. Response planning requirement.

Sec. 1607. Tonnage measurement definitions.

TITLE XVII—LIGHTHOUSE AND OTHER PROPERTY CONVEYANCES

Sec. 1701. Conveyance of Coast Guard property in Traverse City, Michigan.

Sec. 1702. Transfer of Coast Guard property in Ketchikan, Alaska.

Sec. 1703. Conveyance of Light Station Montauk Point, New York.

Sec. 1704. Conveyance of Cape Ann Lighthouse.

Sec. 1705. Transfer of Ocracoke Light Station to Secretary of the Interior.
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Sec. 1706. Squirrel Point Lighthouse.

Sec. 1707. Conveyance of certain lighthouses located in Maine.

TITLE XVIII—BALLAST WATER MANAGEMENT

Sec. 1801. Short title.

Sec. 1802. Evaluation.

Sec. 1803. National Ballast Water Management Demonstration Program.

Sec. 1804. Authorization of appropriations.

TITLE XIX—NATIONAL OCEANIC AND ATMOSPHERIC

ADMINISTRATION AND GOVERNING ACT OF 1994

Sec. 1901. Short title.

Sec. 1902. Definitions.

Sec. 1903. National Ocean Service.

Sec. 1904. Ocean and Great Lakes research.

Sec. 1905. Authorization of appropriations for fisheries programs.

Sec. 1906. Scallop Restoration Program.

Sec. 1907. Saltonstall-Kennedy Program amendments.

Sec. 1908. Program support.

Sec. 1909. Use of ocean research resources of other federal agencies.

Sec. 1910. Nautical charting modernization and improvement.

Sec. 1911. West Coast groundfish laboratory.

Sec. 1912. Funds for operation and contractual purposes.

Sec. 1913. Conveyance of National Marine Fisheries Service Laboratory at

Gloucester, Massachusetts.

Sec. 1914. Reimbursement of expenses.

Sec. 1915. Study of National Oceanic and Atmospheric Administration Corps.

Sec. 1916. Promotion and coordination of National Estuarine Research Reserves.

Sec. 1917. Flower Garden Banks boundary modification.

Sec. 1918. Chesapeake Bay.

Sec. 1919. Weather reporting stations for Prince William Sound.

Sec. 1920. Cleanup of facilities.

Sec. 1921. Purchase of remotely sensed science data.

Sec. 1922. Contractor activities.

Sec. 1923. Cooperative agreements regarding administrative law judges.

Sec. 1924. Hydrographic surveying and mapping services.

Sec. 1925. Education program to reduce the risk associated with consuming

raw molluscan shellfish.

Sec. 1926. Feasibility study.

Sec. 1927. Fleet modernization.

Sec. 1928. Scientific programs for release of marine mammals.

Sec. 1929. Authorization of educational programs.

Sec. 1930. Undersea Research Program.

TITLE XX—ADDITIONAL MISCELLANEOUS PROVISIONS

Sec. 2001. Amendment to require EPIRBs on the Great Lakes.

Sec. 2002. Implementation of oil pollution requirements with respect to vegetable oil.

Sec. 2003. Dual purpose vessel.

Sec. 2004. Equitable treatment of United States ocean freight forwarders by

ocean carrier conferences.

Sec. 2005. Florida Avenue Bridge.
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Sec. 2006. Limitation on consolidation of Houston and Galveston marine safety

offices.

Sec. 2007. Buy American requirement for Surface Search Radar Systems and

multibeam sonar.

Sec. 2008. Special recruiting authority to achieve diversity.

Sec. 2009. Recommendations on actions for the protection of the North Atlantic right whale.

Sec. 2010. Prohibition on diversion of drug interdiction funds.

Sec. 2011. Limitation on authority of states to regulate gambling devices on

vessels.

Sec. 2012. Pollution from ships.

Sec. 2013. Cost accounting for Haitian operations.

Sec. 2014. Plan for rescue of passengers on the Chesapeake Bay.

Sec. 2015. Board for correction of military records deadline.

TITLE XXI—MARINE BIOTECHNOLOGY INVESTMENT ACT OF 1993

Sec. 2101. Short title.

Sec. 2102. Findings.

Sec. 2103. Definitions.

Sec. 2104. National marine biotechnology strategy.

Sec. 2105. National Oceanic and Atmospheric Administration.

Sec. 2106. Sea Grant Marine Biotechnology Program.

TITLE XXII—MERCHANT MARINER BENEFITS

Sec. 2201. Merchant mariner benefits.

TITLE XXIII—DOCUMENTATION OF VESSELS

Sec. 2301. Authorization of documentation for various vessels.

Sec. 2302. Authorization of documentation for the ATLANTIS III.

Sec. 2303. Authorization of sale and reregistration.

Sec. 2304. Vessel documentation for charity cruises.

Sec. 2305. Extension of deadline for the M/V TWIN DRILL.

Sec. 2306. Coastwise trade authorization for hovercraft.

Sec. 2307. Wrecked vessel.

1 TITLE I—HIGH SEAS FISHERIES

2 LICENSING

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘High Seas Fisheries

5 Licensing Act of 1994’’.

6 SEC. 102. PURPOSE.

7 It is the purpose of this Act—

8 (1) to implement the Agreement to Promote

9 Compliance with International Conservation and
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1 Management Measures by Fishing Vessels on the

2 High Seas, adopted by the Conference of the Food

3 and Agriculture Organization of the United Nations

4 on November 24, 1993; and

5 (2) to establish a system of licensing, reporting,

6 and regulation for vessels of the United States fish7 ing on the high seas.

8 SEC. 103. DEFINITIONS.

9 As used in this Act—

10 (1) The term ‘‘Agreement’’ means the Agree11 ment to Promote Compliance with International

12 Conservation and Management Measures by Fishing

13 Vessels on the High Seas, adopted by the Con14 ference of the Food and Agriculture Organization of

15 the United Nations on November 24, 1993.

16 (2) The term ‘‘FAO’’ means the Food and Ag17 riculture Organization of the United Nations.

18 (3) The term ‘‘high seas’’ means the waters be19 yond the territorial sea or exclusive economic zone

20 (or the equivalent) of any nation, to the extent that

21 such territorial sea or exclusive economic zone (or

22 the equivalent) is recognized by the United States.

23 (4) The term ‘‘high seas fishing vessel’’ means

24 any vessel of the United States used or intended for

25 use—
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1 (A) on the high seas;

2 (B) for the purpose of the commercial ex3 ploitation of living marine resources; and

4 (C) as a harvesting vessel, as a mother

5 ship, or as any other support vessel directly en6 gaged in a fishing operation.

7 (5) The term ‘‘international conservation and

8 management measures’’ means measures to conserve

9 or manage one or more species of living marine re10 sources that are adopted and applied in accordance

11 with the relevant rules of international law, as re12 flected in the 1982 United Nations Convention on

13 the Law of the Sea, and that are recognized by the

14 United States. Such measures may be adopted by

15 global, regional, or sub-regional fisheries organiza16 tions, subject to the rights and obligations of their

17 members, or by treaties or other international agree18 ments.

19 (6) The term ‘‘length’’ means—

20 (A) for any high seas fishing vessel built

21 after July 18, 1982, 96 percent of the total

22 length on a waterline at 85 percent of the least

23 molded depth measured from the top of the

24 keel, or the length from the foreside of the stem

25 to the axis of the rudder stock on that water-
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1 line, if that is greater. In ships designed with

2 a rake of keel the waterline on which this

3 length is measured shall be parallel to the de4 signed waterline; and

5 (B) for any high seas fishing vessel built

6 before July 18, 1982, registered length as en7 tered on the vessel’s documentation.

8 (7) The term ‘‘person’’ means any individual

9 (whether or not a citizen of or national of the Unit10 ed States), any corporation, partnership, association,

11 or other entity (whether or not organized or existing

12 under the laws of any State), and any Federal,

13 State, local, or foreign government or any entity of

14 any such government.

15 (8) The term ‘‘Secretary’’ means the Secretary

16 of Commerce.

17 (9) The term ‘‘vessel of the United States’’

18 means—

19 (A) a vessel documented under chapter

20 121 of title 46, United States Code, or num21 bered in accordance with chapter 123 of title

22 46, United States Code;

23 (B) a vessel owned in whole or part by—
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1 (i) the United States or a territory,

2 commonwealth, or possession of the United

3 States;

4 (ii) a State or political subdivision

5 thereof;

6 (iii) a citizen or national of the United

7 States; or

8 (iv) a corporation created under the

9 laws of the United States or any State, the

10 District of Columbia, or any territory,

11 commonwealth, or possession of the United

12 States; unless the vessel has been granted

13 the nationality of a foreign nation in ac14 cordance with article 92 of the 1982 Unit15 ed Nations Convention on the Law of the

16 Sea and a claim of nationality or registry

17 for the vessel is made by the master or in18 dividual in charge at the time of the en19 forcement action by an officer or employee

20 of the United States authorized to enforce

21 applicable provisions of the United States

22 law; and

23 (C) a vessel that was once documented

24 under the laws of the United States and, in vio25 lation of the laws of the United States, was ei-
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1 ther sold to a person not a citizen of the United

2 States or placed under foreign registry or a for3 eign flag, whether or not the vessel has been

4 granted the nationality of a foreign nation.

5 (10) The terms ‘‘vessel subject to the jurisdic6 tion of the United States’’ and ‘‘vessel without na7 tionality’’ have the same meaning as in section

8 1903(c) of title 46 United States Code Appendix.

9 SEC. 104. LICENSING.

10 (a) IN GENERAL.—No high seas fishing vessel shall

11 engage in harvesting operations on the high seas unless

12 the vessel has on board a valid license issued under this

13 section.

14 (b) ELIGIBILITY.—

15 (1) Any vessel of the United States is eligible

16 to receive a license under this section, unless the

17 vessel was previously authorized to be used for fish18 ing on the high seas by a foreign nation, and

19 (A) the foreign nation suspended such au20 thorization because the vessel undermined the

21 effectiveness of international conservation and

22 management measures, and the suspension has

23 not expired; or

24 (B) the foreign nation, within the last

25 three years preceding application for a license
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1 under this section, withdrew such authorization

2 because the vessel undermined the effectiveness

3 of international conservation and management

4 measures.

5 (2) The restriction in paragraph (1) does not

6 apply if ownership of the vessel has changed since

7 the vessel undermined the effectiveness of inter8 national conservation and management measures,

9 and the new owner has provided sufficient evidence

10 to the Secretary demonstrating that the previous

11 owner or operator has no further legal, beneficial or

12 financial interest in, or control of, the vessel.

13 (3) The restriction in paragraph (1) does not

14 apply if the Secretary makes a determination that

15 issuing a license would not subvert the purposes of

16 the Agreement.

17 (4) The Secretary may not issue a license to a

18 vessel unless the Secretary is satisfied that the Unit19 ed States will be able to exercise effectively its re20 sponsibilities under the Agreement with respect to

21 that vessel.

22 (c) APPLICATION.—

23 (1) The owner or operator of a high seas fish24 ing vessel may apply for a license under this section
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1 by completing an application form prescribed by the

2 Secretary.

3 (2) The application form shall contain—

4 (A) the vessel’s name, previous names (if

5 known), official numbers, and port of record;

6 (B) the vessel’s previous flags (if any);

7 (C) the vessel’s International Radio Call

8 Sign (if any);

9 (D) the names and addresses of the ves10 sel’s owners and operators;

11 (E) where and when the vessel was built;

12 (F) the type of vessel;

13 (G) the vessel’s length; and

14 (H) any other information the Secretary

15 requires.

16 (d) CONDITIONS.—The Secretary shall establish such

17 conditions and restrictions on each license issued under

18 this section as are necessary and appropriate to carry out

19 the obligations of the United States under the Agreement,

20 including but not limited to the following:

21 (1) The vessel shall be marked in accordance

22 with the FAO Standard Specifications for the Mark23 ing and Identification of Fishing Vessels, or with

24 regulations issued under section 305 of the Magnu-
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1 son Fishery Conservation and Management Act (16

2 U.S.C. 1855); and

3 (2) The license holder shall report such infor4 mation as the Secretary by regulation requires, in5 cluding area of fishing operations and catch statis6 tics. The Secretary shall promulgate regulations con7 cerning conditions under which information submit8 ted under this paragraph may be released.

9 (e) FEES.—

10 (1) The Secretary may by regulation establish

11 the level of fees to be charged for licenses issued

12 under this section. The amount of any fee charged

13 for a license issued under this section may not ex14 ceed the administrative costs incurred in issuing

15 such licenses. The licensing fee shall be in addition

16 to any fee required under any regional licensing re17 gime applicable to high seas fishing vessels.

18 (2) The fees authorized by paragraph (1) shall

19 be collected and credited to the Operations, Re20 search and Facilities account of the National Oce21 anic and Atmospheric Administration. Fees collected

22 under this subsection shall be available for the nec23 essary expenses of the National Oceanic and Atmos24 pheric Administration in implementing this Act, and

25 shall remain available until expended.
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1 (f) DURATION.—A license issued under this section

2 is valid for the period specified in regulations issued under

3 section 105(d). A license issued under this section is void

4 in the event the vessel is no longer eligible for U.S. docu5 mentation, such documentation is revoked or denied, or

6 the vessel is deleted from such documentation.

7 SEC. 105. RESPONSIBILITIES OF THE SECRETARY.

8 (a) RECORD.—The Secretary shall maintain an auto9 mated file or record of high seas fishing vessels issued li10 censes under section 104, including all information sub11 mitted under section 104(c)(2).

12 (b) INFORMATION TO FAO.—The Secretary, in co13 operation with the Secretary of State and the Secretary

14 of the department in which the Coast Guard is operating,

15 shall—

16 (1) make available to FAO information con17 tained in the record maintained under subsection

18 (a);

19 (2) promptly notify FAO of changes in such in20 formation;

21 (3) promptly notify FAO of additions to or de22 letions from the record, and the reason for any dele23 tion;

24 (4) convey to FAO information relating to any

25 license granted under section 104(b)(3), including
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1 the vessel’s identity, owner or operator, and factors

2 relevant to the Secretary’s determination to issue

3 the license;

4 (5) report promptly to FAO all relevant infor5 mation regarding any activities of high seas fishing

6 vessels that undermine the effectiveness of inter7 national conservation and management measures, in8 cluding the identity of the vessels and any sanctions

9 imposed; and

10 (6) provide the FAO a summary of evidence re11 garding any activities of foreign vessels that under12 mine the effectiveness of international conservation

13 and management measures.

14 (c) INFORMATION TO FLAG NATIONS.—If the Sec15 retary, in cooperation with the Secretary of State and the

16 Secretary of the department in which the Coast Guard is

17 operating, has reasonable grounds to believe that a foreign

18 vessel has engaged in activities undermining the effective19 ness of international conservation and management meas20 ures, the Secretary shall—

21 (1) provide to the flag nation information, in22 cluding appropriate evidentiary material, relating to

23 those activities; and

24 (2) when such foreign vessel is voluntarily in a

25 United States port, promptly notify the flag nation
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1 and, if requested by the flag nation, make arrange2 ments to undertake such lawful investigatory meas3 ures as may be considered necessary to establish

4 whether the vessel has been used contrary to the

5 provisions of the Agreement.

6 (d) REGULATIONS.—The Secretary, after consulta7 tion with the Secretary of State and the Secretary of the

8 department in which the Coast Guard is operating, may

9 promulgate such regulations, in accordance with section

10 553 of title 5, United States Code, as may be necessary

11 to carry out the purposes of the Agreement and this title.

12 The Secretary shall coordinate such regulations with any

13 other entities regulating high seas fishing vessels, in order

14 to minimize duplication of license application and report15 ing requirements. To the extent practicable, such regula16 tions shall also be consistent with regulations implement17 ing fishery management plans under the Magnuson Fish18 ery Conservation and Management Act (16 U.S.C. 1801

19 et seq.).

20 (e) NOTICE OF INTERNATIONAL CONSERVATION AND

21 MANAGEMENT MEASURES.—The Secretary, in consulta22 tion with the Secretary of State, shall publish in the Fed23 eral Register, from time to time, a notice listing inter24 national conservation and management measures recog25 nized by the United States.
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1 SEC. 106. UNLAWFUL ACTIVITIES.

2 It is unlawful for any person subject to the jurisdic3 tion of the United States—

4 (1) to use a high seas fishing vessel on the high

5 seas in contravention of international conservation

6 and management measures described in section

7 105(e);

8 (2) to use a high seas fishing vessel on the high

9 seas, unless the vessel has on board a valid license

10 issued under section 104;

11 (3) to use a high seas fishing vessel in violation

12 of the conditions or restrictions of a license issued

13 under section 104;

14 (4) to falsify any information required to be re15 ported, communicated, or recorded pursuant to this

16 title or any regulation issued under this title, or to

17 fail to submit in a timely fashion any required infor18 mation, or to fail to report to the Secretary imme19 diately any change in circumstances that has the ef20 fect of rendering any such information false, incom21 plete, or misleading;

22 (5) to refuse to permit an authorized officer to

23 board a high seas fishing vessel subject to such per24 son’s control for purposes of conducting any search

25 or inspection in connection with the enforcement of

26 this title or any regulation issued under this title;
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1 (6) to forcibly assault, resist, oppose, impede,

2 intimidate, or interfere with an authorized officer in

3 the conduct of any search or inspection described in

4 paragraph (5);

5 (7) to resist a lawful arrest or detention for any

6 act prohibited by this section;

7 (8) to interfere with, delay, or prevent, by any

8 means, the apprehension, arrest, or detection of an9 other person, knowing that such person has commit10 ted any act prohibited by this section;

11 (9) to ship, transport, offer for sale, sell, pur12 chase, import, export, or have custody, control, or

13 possession of, any living marine resource taken or

14 retained in violation of this title or any regulation or

15 license issued under this title; or

16 (10) to violate any provision of this title or any

17 regulation or license issued under this title.

18 SEC. 107. ENFORCEMENT PROVISIONS.

19 (a) DUTIES OF SECRETARIES.—This title shall be en20 forced by the Secretary of Commerce and the Secretary

21 of the department in which the Coast Guard is operating.

22 Such Secretaries may by agreement utilize, on a reimburs23 able basis or otherwise, the personnel, services, equipment

24 (including aircraft and vessels), and facilities of any other

25 Federal agency, or of any State agency, in the perform-
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1 ance of such duties. Such Secretaries shall, and the head

2 of any Federal or State agency that has entered into an

3 agreement with either such Secretary under this section

4 may (if the agreement so provides), authorize officers to

5 enforce the provisions of this title or any regulation or li6 cense issued under this title.

7 (b) DISTRICT COURT JURISDICTION.—The district

8 courts of the United States shall have exclusive jurisdic9 tion over any case or controversy arising under the provi10 sions of this title. In the case of Guam, and any Common11 wealth, territory, or possession of the United States in the

12 Pacific Ocean, the appropriate court is the United States

13 District Court for the District of Guam, except that in

14 the case of American Samoa, the appropriate court is the

15 United States District Court for the District of Hawaii.

16 (c) POWERS OF ENFORCEMENT OFFICERS.—

17 (1) Any officer who is authorized under sub18 section (a) to enforce the provisions of this title

19 may—

20 (A) with or without a warrant or other

21 process—

22 (i) arrest any person, if the officer has

23 reasonable cause to believe that such per24 son has committed an act prohibited by
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1 paragraph (6), (7), (8), or (9) of section

2 106;

3 (ii) board, and search or inspect, any

4 high seas fishing vessel;

5 (iii) seize any high seas fishing vessel

6 (together with its fishing gear, furniture,

7 appurtenances, stores, and cargo) used or

8 employed in, or with respect to which it

9 reasonably appears that such vessel was

10 used or employed in, the violation of any

11 provision of this title or any regulation or

12 license issued under this title;

13 (iv) seize any living marine resource

14 (wherever found) taken or retained, in any

15 manner, in connection with or as a result

16 of the commission of any act prohibited by

17 section 106;

18 (v) seize any other evidence related to

19 any violation of any provision of this title

20 or any regulation or license issued under

21 this title;

22 (B) execute any warrant or other process

23 issued by any court of competent jurisdiction;

24 and

25 (C) exercise any other lawful authority.
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1 (2) Subject to the direction of the Secretary, a

2 person charged with law enforcement responsibilities

3 by the Secretary who is performing a duty related

4 to enforcement of a law regarding fisheries or other

5 marine resources may make an arrest without a war6 rant for an offense against the United States com7 mitted in his presence, or for a felony cognizable

8 under the laws of the United States, if he has rea9 sonable grounds to believe that the person to be ar10 rested has committed or is committing a felony.

11 (d) ISSUANCE OF CITATIONS.—If any authorized offi12 cer finds that a high seas fishing vessel is operating or

13 has been operated in violation of any provision of this title,

14 such officer may issue a citation to the owner or operator

15 of such vessel in lieu of proceeding under subsection (c).

16 If a permit has been issued pursuant to this title for such

17 vessel, such officer shall note the issuance of any citation

18 under this subsection, including the date thereof and the

19 reason therefor, on the permit. The Secretary shall main20 tain a record of all citations issued pursuant to this sub21 section.

22 SEC. 108. CIVIL PENALTIES AND LICENSE SANCTIONS.

23 (a) CIVIL PENALTIES.—

24 (1) Any person who is found by the Secretary,

25 after notice and opportunity for a hearing in accord-
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1 ance with section 554 of title 5, United States Code,

2 to have committed an act prohibited by section 106

3 shall be liable to the United States for a civil pen4 alty. The amount of the civil penalty shall not exceed

5 $100,000 for each violation. Each day of a continu6 ing violation shall constitute a separate offense. The

7 amount of such civil penalty shall be assessed by the

8 Secretary by written notice. In determining the

9 amount of such penalty, the Secretary shall take

10 into account the nature, circumstances, extent, and

11 gravity of the prohibited acts committed and, with

12 respect to the violation, the degree of culpability,

13 any history of prior offenses, and such other matters

14 as justice may require.

15 (2) The Secretary may compromise, modify, or

16 remit, with or without conditions, any civil penalty

17 that is subject to imposition or that has been im18 posed under this section.

19 (b) LICENSE SANCTIONS.—

20 (1) In any case in which—

21 (A) a vessel of the United States has been

22 used in the commission of an act prohibited

23 under section 106;

24 (B) the owner or operator of a vessel or

25 any other person who has been issued or has
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1 applied for a license under section 104 has

2 acted in violation of section 106; or

3 (C) any amount in settlement of a civil for4 feiture imposed on a high seas fishing vessel or

5 other property, or any civil penalty or criminal

6 fine imposed on a high seas fishing vessel or on

7 an owner or operator of such a vessel or on any

8 other person who has been issued or has ap9 plied for a license under any fishery resource

10 statute enforced by the Secretary, has not been

11 paid and is overdue, the Secretary may—

12 (i) revoke any license issued to or ap13 plied for by such vessel or person under

14 this title, with or without prejudice to the

15 issuance of subsequent licenses;

16 (ii) suspend such license for a period

17 of time considered by the Secretary to be

18 appropriate;

19 (iii) deny such license; or

20 (iv) impose additional conditions and

21 restrictions on such license.

22 (2) In imposing a sanction under this sub23 section, the Secretary shall take into account—
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1 (A) the nature, circumstances, extent, and

2 gravity of the prohibited acts for which the

3 sanction is imposed; and

4 (B) with respect to the violator, the degree

5 of culpability, any history of prior offenses, and

6 such other matters as justice may require.

7 (3) Transfer of ownership of a high seas fishing

8 vessel, by sale or otherwise, shall not extinguish any

9 license sanction that is in effect or is pending at the

10 time of transfer of ownership. Before executing the

11 transfer of ownership of a vessel, by sale or other12 wise, the owner shall disclose in writing to the pro13 spective transferee the existence of any license sanc14 tion that will be in effect or pending with respect to

15 the vessel at the time of the transfer. The Secretary

16 may waive or compromise a sanction in the case of

17 a transfer pursuant to court order.

18 (4) In the case of any license that is suspended

19 under this subsection for nonpayment of a civil pen20 alty or criminal fine, the Secretary shall reinstate

21 the license upon payment of the penalty or fine and

22 interest thereon at the prevailing rate.

23 (5) No sanctions shall be imposed under this

24 subsection unless there has been prior opportunity

25 for a hearing on the facts underlying the violation
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1 for which the sanction is imposed, either in conjunc2 tion with a civil penalty proceeding under this sec3 tion or otherwise.

4 (c) HEARING.—For the purposes of conducting any

5 hearing under this section, the Secretary may issue sub6 poenas for the attendance and testimony of witnesses and

7 the production of relevant papers, books, and documents,

8 and may administer oaths. Witnesses summoned shall be

9 paid the same fees and mileage that are paid to witnesses

10 in the courts of the United States. In case of contempt

11 or refusal to obey a subpoena served upon any person pur12 suant to this subsection, the district court of the United

13 States for any district in which such person is found, re14 sides, or transacts business, upon application by the Unit15 ed States and after notice to such person, shall have juris16 diction to issue an order requiring such person to appear

17 and give testimony before the Secretary or to appear and

18 produce documents before the Secretary, or both, and any

19 failure to obey such order of the court may be punished

20 by such court as a contempt thereof.

21 (d) JUDICIAL REVIEW.—Any person against whom a

22 civil penalty is assessed under subsection (a) or against

23 whose vessel a license sanction is imposed under sub24 section (b) (other than a license suspension for

25 nonpayment of penalty or fine) may obtain review thereof
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1 in the United States district court for the appropriate dis2 trict by filing a complaint against the Secretary in such

3 court within 30 days from the date of such penalty or

4 sanction. The Secretary shall promptly file in such court

5 a certified copy of the record upon which such penalty or

6 sanction was imposed, as provided in section 2112 of title

7 28, United States Code. The findings and order of the

8 Secretary shall be set aside by such court if they are not

9 found to be supported by substantial evidence, as provided

10 in section 706(2) of title 5, United States Code.

11 (e) COLLECTION.—

12 (1) If any person fails to pay an assessment of

13 a civil penalty after it has become a final and

14 unappealable order, or after the appropriate court

15 has entered final judgment in favor of the Secretary,

16 the matter shall be referred to the Attorney General,

17 who shall recover the amount assessed in any appro18 priate district court of the United States. In such

19 action the validity and appropriateness of the final

20 order imposing the civil penalty shall not be subject

21 to review.

22 (2) A high seas fishing vessel (including its

23 fishing gear, furniture, appurtenances, stores, and

24 cargo) used in the commission of an act prohibited

25 by section 106 shall be liable in rem for any civil
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1 penalty assessed for such violation under subsection

2 (a) and may be proceeded against in any district

3 court of the United States having jurisdiction there4 of. Such penalty shall constitute a maritime lien on

5 such vessel that may be recovered in an action in

6 rem in the district court of the United States having

7 jurisdiction over the vessel.

8 SEC. 109. CRIMINAL OFFENSES.

9 (a) OFFENSES.—A person is guilty of an offense if

10 the person commits any act prohibited by paragraph (6),

11 (7), (8), or (9) of section 106.

12 (b) PUNISHMENT.—Any offense described in sub13 section (a) is a class A misdemeanor punishable by a fine

14 under title 18, United States Code, or imprisonment for

15 not more than one year, or both; except that if in the com16 mission of any offense the person uses a dangerous weap17 on, engages in conduct that causes bodily injury to any

18 authorized officer, or places any such officer in fear of

19 imminent bodily injury, the offense is a felony punishable

20 by a fine under title 18, United States Code, or imprison21 ment for not more than 10 years, or both.

22 SEC. 110. FORFEITURES.

23 (a) IN GENERAL.—Any high seas fishing vessel (in24 cluding its fishing gear, furniture, appurtenances, stores,

25 and cargo) used, and any living marine resources (or the
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1 fair market value thereof) taken or retained, in any man2 ner, in connection with or as a result of the commission

3 of any act prohibited by section 106 (other than an act

4 for which the issuance of a citation under section 107 is

5 a sufficient sanction) shall be subject to forfeiture to the

6 United States. All or part of such vessel may, and all such

7 living marine resources (or the fair market value thereof)

8 shall, be forfeited to the United States pursuant to a civil

9 proceeding under this section.

10 (b) JURISDICTION OF DISTRICT COURTS.—Any dis11 trict court of the United States shall have jurisdiction,

12 upon application of the Attorney General on behalf of the

13 United States, to order any forfeiture authorized under

14 subsection (a) and any action provided for under sub15 section (d).

16 (c) JUDGMENT.—If a judgment is entered for the

17 United States in a civil forfeiture proceeding under this

18 section, the Attorney General may seize any property or

19 other interest declared forfeited to the United States,

20 which has not previously been seized pursuant to this title

21 or for which security has not previously been obtained.

22 The provisions of the customs laws relating to —

23 (1) the seizure, forfeiture, and condemnation of

24 property for violation of the customs law;
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1 (2) the disposition of such property or the pro2 ceeds from the sale thereof; and

3 (3) the remission or mitigation of any such for4 feiture;

5 shall apply to seizures and forfeitures incurred, or alleged

6 to have been incurred, under the provisions of this title,

7 unless such provisions are inconsistent with the purposes,

8 policy, and provisions of this title.

9 (d) PROCEDURE.—

10 (1) Any officer authorized to serve any process

11 in rem that is issued by a court under section

12 107(b) shall—

13 (A) stay the execution of such process; or

14 (B) discharge any living marine resources

15 seized pursuant to such process;

16 upon receipt of a satisfactory bond or other security

17 from any person claiming such property. Such bond

18 or other security shall be conditioned upon such per19 son delivering such property to the appropriate court

20 upon order thereof, without any impairment of its

21 value, or paying the monetary value of such property

22 pursuant to an order of such court. Judgment shall

23 be recoverable on such bond or other security

24 against both the principal and any sureties in the
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1 event that any condition thereof is breached, as de2 termined by such court.

3 (2) Any living marine resources seized pursuant

4 to this title may be sold, subject to the approval of

5 the appropriate court, for not less than the fair mar6 ket value thereof. The proceeds of any such sale

7 shall be deposited with such court pending the dis8 position of the matter involved.

9 (e) REBUTTABLE PRESUMPTION.—For purposes of

10 this section, all living marine resources found on board

11 a high seas fishing vessel and which are seized in connec12 tion with an act prohibited by section 106 are presumed

13 to have been taken or retained in violation of this title,

14 but the presumption can be rebutted by an appropriate

15 showing of evidence to the contrary.

16 SEC. 111. EFFECTIVE DATE.

17 This title shall take effect 120 days after the date

18 of enactment of this Act.
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1 TITLE II—IMPLEMENTATION OF

2 CONVENTION ON FUTURE

3 MULTILATERAL COOPERA4 TION IN THE NORTHWEST AT5 LANTIC FISHERIES

6 SEC. 201. SHORT TITLE.

7 This title may be cited as the ‘‘Northwest Atlantic

8 Fisheries Convention Act of 1994’’.

9 SEC. 202. REPRESENTATION OF UNITED STATES UNDER

10 CONVENTION.

11 (a) COMMISSIONERS.—

12 (1) APPOINTMENTS, GENERALLY.—The Sec13 retary shall appoint not more than 3 individuals to

14 serve as the representatives of the United States on

15 the General Council and the Fisheries Commission,

16 who shall each—

17 (A) be known as a ‘‘United States Com18 missioner to the Northwest Atlantic Fisheries

19 Organization’’; and

20 (B) serve at the pleasure of the Secretary.

21 (2) REQUIREMENTS FOR APPOINTMENTS.—

22 (A) The Secretary shall ensure that of the

23 individuals serving as Commissioners—
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1 (i) at least 1 is appointed from among

2 representatives of the commercial fishing

3 industry;

4 (ii) 1 (but no more than 1) is an offi5 cial of the Government; and

6 (iii) 1, other than the individual ap7 pointed under clause (ii), is a voting mem8 ber of the New England Fishery Manage9 ment Council.

10 (B) The Secretary may not appoint as a

11 Commissioner an individual unless the individ12 ual is knowledgeable and experienced concern13 ing the fishery resources to which the Conven14 tion applies.

15 (3) TERMS.—

16 (A) The term of an individual appointed as

17 a Commissioner—

18 (i) shall be specified by the Secretary

19 at the time of appointment; and

20 (ii) may not exceed 4 years.

21 (B) An individual who is not a Government

22 official may not serve more than 2 consecutive

23 terms as a Commissioner.

24 (b) ALTERNATE COMMISSIONERS.—
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1 (1) APPOINTMENT.—The Secretary may, for

2 any anticipated absence of a duly appointed Com3 missioner at a meeting of the General Council or the

4 Fisheries Commission, designate an individual to

5 serve as an Alternate Commissioner.

6 (2) FUNCTIONS.—An Alternate Commissioner

7 may exercise all powers and perform all duties of the

8 Commissioner for whom the Alternate Commissioner

9 is designated, at any meeting of the General Council

10 or the Fisheries Commission for which the Alternate

11 Commissioner is designated.

12 (c) REPRESENTATIVES.—

13 (1) APPOINTMENT.—The Secretary shall ap14 point not more than 3 individuals to serve as the

15 representatives of the United States on the Scientific

16 Council, who shall each be known as a ‘‘United

17 States Representative to the Northwest Atlantic

18 Fisheries Organization Scientific Council’’.

19 (2) ELIGIBILITY FOR APPOINTMENT.—

20 (A) The Secretary may not appoint an in21 dividual as a Representative unless the individ22 ual is knowledgeable and experienced concern23 ing the scientific issues dealt with by the Sci24 entific Council.
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1 (B) The Secretary shall appoint as a Rep2 resentative at least 1 individual who is an offi3 cial of the Government.

4 (3) TERM.—An individual appointed as a Rep5 resentative—

6 (A) shall serve for a term of not to exceed

7 4 years, as specified by the Secretary at the

8 time of appointment;

9 (B) may be reappointed; and

10 (C) shall serve at the pleasure of the Sec11 retary.

12 (d) ALTERNATE REPRESENTATIVES.—

13 (1) APPOINTMENT.—The Secretary may, for

14 any anticipated absence of a duly appointed Rep15 resentative at a meeting of the Scientific Council,

16 designate an individual to serve as an Alternate Rep17 resentative.

18 (2) FUNCTIONS.—An Alternate Representative

19 may exercise all powers and perform all duties of the

20 Representative for whom the Alternate Representa21 tive is designated, at any meeting of the Scientific

22 Council for which the Alternate Representative is

23 designated.

24 (e) EXPERTS AND ADVISERS.—The Commissioners,

25 Alternate Commissioners, Representatives, and Alternate
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1 Representatives may be accompanied at meetings of the

2 Organization by experts and advisers.

3 (f) COORDINATION AND CONSULTATION.—

4 (1) IN GENERAL.—In carrying out their func5 tions under the Convention, Commissioners, Alter6 nate Commissioners, Representatives, and Alternate

7 Representatives shall—

8 (A) coordinate with the appropriate Re9 gional Fishery Management Councils estab10 lished by section 302 of the Magnuson Act (16

11 U.S.C. 1852); and

12 (B) consult with the committee established

13 under section 208.

14 (2) RELATIONSHIP TO OTHER LAW.—The Fed15 eral Advisory Committee Act (5 U.S.C. App.) shall

16 not apply to coordination and consultations under

17 this subsection.

18 SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE.

19 (a) RESTRICTION.—The Representatives may not

20 make a request or specification described in subsection

21 (b)(1) or (2), respectively, unless the Representatives have

22 first—

23 (1) consulted with the appropriate Regional

24 Fishery Management Councils; and
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1 (2) received the consent of the Commissioners

2 for that action.

3 (b) REQUESTS AND TERMS OF REFERENCE DE4 SCRIBED.—The requests and specifications referred to in

5 subsection (a) are, respectively—

6 (1) any request, under Article VII(1) of the

7 Convention, that the Scientific Council consider and

8 report on a question pertaining to the scientific basis

9 for the management and conservation of fishery re10 sources in waters under the jurisdiction of the Unit11 ed States within the Convention Area; and

12 (2) any specification, under Article VIII(2) of

13 the Convention, of the terms of reference for the

14 consideration of a question referred to the Scientific

15 Council pursuant to Article VII(1) of the Conven16 tion.

17 SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RE18 SPECT TO CONVENTION.

19 The Secretary of State may, on behalf of the Govern20 ment of the United States—

21 (1) receive and transmit reports, requests, rec22 ommendations, proposals, and other communications

23 of and to the Organization and its subsidiary or24 gans;
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1 (2) object, or withdraw an objection, to the pro2 posal of the Fisheries Commission;

3 (3) give or withdraw notice of intent not to be

4 bound by a measure of the Fisheries Commission;

5 (4) object or withdraw an objection to an

6 amendment to the Convention; and

7 (5) act upon, or refer to any other appropriate

8 authority, any other communication referred to in

9 paragraph (1).

10 SEC. 205. INTERAGENCY COOPERATION.

11 (a) AUTHORITIES OF SECRETARY.—In carrying out

12 the provisions of the Convention and this title, the Sec13 retary may arrange for cooperation with other agencies of

14 the United States, the States, the New England and the

15 Mid-Atlantic Fishery Management Councils, and private

16 institutions and organizations.

17 (b) OTHER AGENCIES.—The head of any Federal

18 agency may—

19 (1) cooperate in the conduct of scientific and

20 other programs, and furnish facilities and personnel,

21 for the purposes of assisting the Organization in

22 carrying out its duties under the Convention; and

23 (2) accept reimbursement from the Organiza24 tion for providing such services, facilities, and per25 sonnel.
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1 SEC. 206. RULEMAKING.

2 The Secretary shall promulgate regulations as may

3 be necessary to carry out the purposes and objectives of

4 the Convention and this title. Any such regulation may

5 be made applicable, as necessary, to all persons and all

6 vessels subject to the jurisdiction of the United States,

7 wherever located.

8 SEC. 207. PROHIBITED ACTS AND PENALTIES.

9 (a) PROHIBITION.—It is unlawful for any person or

10 vessel that is subject to the jurisdiction of the United

11 States—

12 (1) to violate any regulation issued under this

13 title or any measure that is legally binding on the

14 United States under the Convention;

15 (2) to refuse to permit any authorized enforce16 ment officer to board a fishing vessel that is subject

17 to the person’s control for purposes of conducting

18 any search or inspection in connection with the en19 forcement of this title, any regulation issued under

20 this title, or any measure that is legally binding on

21 the United States under the Convention;

22 (3) forcibly to assault, resist, oppose, impede,

23 intimidate, or interfere with any authorized enforce24 ment officer in the conduct of any search or inspec25 tion described in paragraph (2);
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1 (4) to resist a lawful arrest for any act prohib2 ited by this section;

3 (5) to ship, transport, offer for sale, sell, pur4 chase, import, export, or have custody, control, or

5 possession of, any fish taken or retained in violation

6 of this section; or

7 (6) to interfere with, delay, or prevent, by any

8 means, the apprehension or arrest of another person,

9 knowing that the other person has committed an act

10 prohibited by this section.

11 (b) CIVIL PENALTY.—Any person who commits any

12 act that is unlawful under subsection (a) shall be liable

13 to the United States for a civil penalty, or may be subject

14 to a permit sanction, under section 308 of the Magnuson

15 Act (16 U.S.C. 1858).

16 (c) CRIMINAL PENALTY.—Any person who commits

17 an act that is unlawful under paragraph (2), (3), (4), or

18 (6) of subsection (a) shall be guilty of an offense punish19 able under section 309(b) of the Magnuson Act (16 U.S.C.

20 1859(b)).

21 (d) CIVIL FORFEITURE.—

22 (1) IN GENERAL.—Any vessel (including its

23 gear, furniture, appurtenances, stores, and cargo)

24 used in the commission of an act that is unlawful

25 under subsection (a), and any fish (or the fair mar-
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1 ket value thereof) taken or retained, in any manner,

2 in connection with or as a result of the commission

3 of any act that is unlawful under subsection (a),

4 shall be subject to seizure and forfeiture as provided

5 in section 310 of the Magnuson Act (16 U.S.C.

6 1860).

7 (2) DISPOSAL OF FISH.—Any fish seized pursu8 ant to this title may be disposed of pursuant to the

9 order of a court of competent jurisdiction or, if per10 ishable, in a manner prescribed by regulations issued

11 by the Secretary.

12 (e) ENFORCEMENT.—The Secretary and the Sec13 retary of the department in which the Coast Guard is op14 erating shall enforce the provisions of this title and shall

15 have the authority specified in sections 311(a), (b)(1), and

16 (c) of the Magnuson Act (16 U.S.C. 1861(a), (b)(1), and

17 (c)) for that purpose.

18 (f) JURISDICTION OF COURTS.—The district courts

19 of the United States shall have exclusive jurisdiction over

20 any case or controversy arising under this section and

21 may, at any time—

22 (1) enter restraining orders or prohibitions;

23 (2) issue warrants, process in rem, or other

24 process;
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1 (3) prescribe and accept satisfactory bonds or

2 other security; and

3 (4) take such other actions as are in the inter4 ests of justice.

5 SEC. 208. CONSULTATIVE COMMITTEE.

6 (a) ESTABLISHMENT.—The Secretary of State and

7 the Secretary, shall jointly establish a consultative com8 mittee to advise the Secretaries on issues related to the

9 Convention.

10 (b) MEMBERSHIP.—(1) The membership of the Com11 mittee shall include representatives from the New England

12 and Mid-Atlantic Fishery Management Councils, the

13 States represented on those Councils, the Atlantic States

14 Marine Fisheries Commission, the fishing industry, the

15 seafood processing industry, and others knowledgeable

16 and experienced in the conservation and management of

17 fisheries in the Northwest Atlantic Ocean.

18 (2) TERMS AND REAPPOINTMENT.—Each mem19 ber of the consultative committee shall serve for a

20 term of two years and shall be eligible for reappoint21 ment.

22 (c) DUTIES OF THE COMMITTEE.—Members of the

23 consultative committee may attend—

24 (1) all public meetings of the General Council

25 or the Fisheries Commission;
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1 (2) any other meetings to which they are in2 vited by the General Council or the Fisheries Com3 mission; and

4 (3) all nonexecutive meetings of the United

5 States Commissioners.

6 (d) RELATIONSHIP TO OTHER LAW.—The Federal

7 Advisory Committee Act (5 U.S.C. App.) shall not apply

8 to the consultative committee established under this sec9 tion.

10 SEC. 209. ADMINISTRATIVE MATTERS.

11 (a) PROHIBITION ON COMPENSATION.—A person

12 shall not receive any compensation from the Government

13 by reason of any service of the person as—

14 (1) a Commissioner, Alternate Commissioner,

15 Representative, or Alternative Representative;

16 (2) an expert or adviser authorized under sec17 tion 202(e); or

18 (3) a member of the consultative committee es19 tablished by section 208.

20 (b) TRAVEL AND EXPENSES.—The Secretary of

21 State shall, subject to the availability of appropriations,

22 pay all necessary travel and other expenses of persons de23 scribed in subsection (a)(1) and of not more than six ex24 perts and advisers authorized under section 202(e) with

25 respect to their actual performance of their official duties
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1 pursuant to this title, in accordance with the Federal

2 Travel Regulations and sections 5701, 5702, 5704

3 through 5708, and 5731 of title 5, United States Code.

4 (c) STATUS AS FEDERAL EMPLOYEES.—A person

5 shall not be considered to be a Federal employee by reason

6 of any service of the person in a capacity described in sub7 section (a), except for purposes of injury compensation

8 and tort claims liability under chapter 81 of title 5, United

9 States Code, and chapter 17 of title 28, United States

10 Code, respectively.

11 SEC. 210. DEFINITIONS.

12 In this title the following definitions apply:

13 (1) AUTHORIZED ENFORCEMENT OFFICER.—

14 The term ‘‘authorized enforcement officer’’ means a

15 person authorized to enforce this title, any regula16 tion issued under this title, or any measure that is

17 legally binding on the United States under the Con18 vention.

19 (2) COMMISSIONER.—The term ‘‘Commis20 sioner’’ means a United States Commissioner to the

21 Northwest Atlantic Fisheries Organization appointed

22 under section 202(a).

23 (3) CONVENTION.—The term ‘‘Convention’’

24 means the Convention on Future Multilateral Co-
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1 operation in the Northwest Atlantic Fisheries, done

2 at Ottawa on October 24, 1978.

3 (4) FISHERIES COMMISSION.—The term ‘‘Fish4 eries Commission’’ means the Fisheries Commission

5 provided for by Articles II, XI, XII, XIII, and XIV

6 of the Convention.

7 (5) GENERAL COUNCIL.—The term ‘‘General

8 Council’’ means the General Council provided for by

9 Article II, III, IV, and V of the Convention.

10 (6) MAGNUSON ACT.—The term ‘‘Magnuson

11 Act’’ means the Magnuson Fishery Conservation and

12 Management Act (16 U.S.C. 1801 et seq.).

13 (7) ORGANIZATION.—The term ‘‘Organization’’

14 means the Northwest Atlantic Fisheries Organiza15 tion provided for by Article II of the Convention.

16 (8) PERSON.—The term ‘‘person’’ means any

17 individual (whether or not a citizen or national of

18 the United States), and any corporation, partner19 ship, association, or other entity (whether or not or20 ganized or existing under the laws of any State).

21 (9) REPRESENTATIVE.—The term ‘‘Representa22 tive’’ means a United States Representative to the

23 Northwest Atlantic Fisheries Scientific Council ap24 pointed under section 202(c).
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1 (10) SCIENTIFIC COUNCIL.—The term ‘‘Sci2 entific Council’’ means the Scientific Council pro3 vided for by Articles II, VI, VII, VIII, IX, and X of

4 the Convention.

5 (11) SECRETARY.—The term ‘‘Secretary’’

6 means the Secretary of Commerce.

7 SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated to carry out

9 this title, including use for payment as the United States

10 contribution to the Organization as provided in Article

11 XVI of the Convention, $500,000 for each of the fiscal

12 years 1994, 1995, 1996, 1997, and 1998.

13 TITLE III—GOVERNING INTER14 NATIONAL FISHERY AGREE15 MENT

16 SEC. 301. AGREEMENT WITH LITHUANIA.

17 Notwithstanding section 203 of the Magnuson Fish18 ery Conservation and Management Act (16 U.S.C. 1823),

19 the governing international fishery agreement between the

20 Government of the United States of America and the gov21 ernment of the Republic of Lithuania, as contained in the

22 message to Congress from the President of the United

23 States dated July 18, 1994, is approved as a governing

24 international fishery agreement for the purposes of such
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1 Act and shall enter into force and effect with respect to

2 the United States on the date of enactment of this Act.

3 TITLE IV—ATLANTIC TUNAS

4 CONVENTION ACT

5 SEC. 401. SHORT TITLE.

6 This title may be cited as the ‘‘Atlantic Tunas Con7 vention Authorization Act of 1994’’.

8 SEC. 402. RESEARCH AND MONITORING ACTIVITIES.

9 (a) REPORT TO CONGRESS.—The Secretary of Com10 merce shall, within 90 days after the date of enactment

11 of this Act, submit a report to the Committee on Com12 merce, Science, and Transportation of the Senate and the

13 Committee on Merchant Marine and Fisheries of the

14 House of Representatives—

15 (1) identifying current governmental and non16 governmental research and monitoring activities on

17 Atlantic bluefin tuna and other highly migratory

18 species;

19 (2) describing the personnel and budgetary re20 sources allocated to such activities; and

21 (3) explaining how each activity contributes to

22 the conservation and management of Atlantic bluefin

23 tuna and other highly migratory species.
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1 (b) RESEARCH AND MONITORING PROGRAM.—Sec2 tion 3 of the Act of September 4, 1980 (16 U.S.C. 971i)

3 is amended—

4 (1) by amending the section heading to read as

5 follows:

6 ‘‘SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY

7 SPECIES.’’;

8 (2) by inserting ‘‘(a) BIENNIAL REPORT ON

9 BLUEFIN TUNA.—’’ before ‘‘The Secretary of Com10 merce shall’’; and

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

12 ‘‘(b) HIGHLY MIGRATORY SPECIES RESEARCH AND

13 MONITORING.—

14 ‘‘(1) Within 6 months after the date of enact15 ment of the Atlantic Tunas Convention Authoriza16 tion Act of 1994, the Secretary of Commerce, in co17 operation with the advisory committee established

18 under section 4 of the Atlantic Tunas Convention

19 Act of 1975 (16 U.S.C. 971b) and in consultation

20 with the United States Commissioners on the Inter21 national Commission for the Conservation of Atlan22 tic Tunas (referred to elsewhere in this section as

23 the ‘Commission’) and the Secretary of State, shall

24 develop and implement a comprehensive research

25 and monitoring program to support the conservation
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1 and management of Atlantic bluefin tuna and other

2 highly migratory species that shall—

3 ‘‘(A) identify and define the range of

4 stocks of highly migratory species in the Atlan5 tic Ocean, including Atlantic bluefin tuna; and

6 ‘‘(B) provide for appropriate participation

7 by nations which are members of the Commis8 sion.

9 ‘‘(2) The program shall provide for, but not be

10 limited to—

11 ‘‘(A) statistically designed cooperative tag12 ging studies;

13 ‘‘(B) genetic and biochemical stock analy14 ses;

15 ‘‘(C) population censuses carried out

16 through aerial surveys of fishing grounds;

17 ‘‘(D) adequate observer coverage and port

18 sampling of commercial and recreational fishing

19 activity;

20 ‘‘(E) collection of comparable real-time

21 data on commercial and recreational catches

22 and landings through the use of permits,

23 logbooks, landing reports for charter operations

24 and fishing tournaments, and programs to pro-
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1 vide reliable reporting of the catch by private

2 anglers;

3 ‘‘(F) studies of the life history parameters

4 of Atlantic bluefin tuna and other highly migra5 tory species;

6 ‘‘(G) integration of data from all sources

7 and the preparation of data bases to support

8 management decisions; and

9 ‘‘(H) other research as necessary.

10 ‘‘(3) In developing a program under this sec11 tion, the Secretary shall provide for comparable

12 monitoring of all United States fishermen to which

13 the Atlantic Tunas Convention Act applies with re14 spect to effort and species composition of catch and

15 discards. The Secretary through the Secretary of

16 State shall encourage other member nations to adopt

17 a similar program.’’.

18 SEC. 403. ADVISORY COMMITTEE PROCEDURES.

19 Section 4 of the Atlantic Tunas Convention Act of

20 1975 (16 U.S.C. 971b) is amended—

21 (1) by inserting ‘‘(a)’’ before ‘‘There’’; and

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

23 ‘‘(b)(1) A majority of the members of the advisory

24 committee shall constitute a quorum, but one or more such

25 members designated by the advisory committee may hold
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1 meetings to provide for public participation and to discuss

2 measures relating to the United States implementation of

3 Commission recommendations.

4 ‘‘(2) The advisory committee shall elect a Chairman

5 for a 2-year term from among its members.

6 ‘‘(3) The advisory committee shall meet at appro7 priate times and places at least twice a year, at the call

8 of the Chairman or upon the request of the majority of

9 its voting members, the United States Commissioners, the

10 Secretary, or the Secretary of State.

11 ‘‘(4)(A) The Secretary shall provide to the advisory

12 committee in a timely manner such administrative and

13 technical support services as are necessary for the effective

14 functioning of the committee.

15 ‘‘(B) The Secretary and the Secretary of State shall

16 furnish the advisory committee with relevant information

17 concerning fisheries and international fishery agreements.

18 ‘‘(5) The advisory committee shall determine its orga19 nization, and prescribe its practices and procedures for

20 carrying out its functions under this Act, the Magnuson

21 Fishery Conservation and Management Act (16 U.S.C.

22 1801 et seq.), and the Convention. The advisory commit23 tee shall publish and make available to the public a state24 ment of its organization, practices, and procedures.
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1 ‘‘(6) The Federal Advisory Committee Act (5 U.S.C.

2 App.) shall not apply to the advisory committee.’’.

3 SEC. 404. REGULATIONS.

4 Section 6(c)(3) of the Atlantic Tunas Convention Act

5 of 1975 (16 U.S.C. 971d(c)(3)) is amended by adding ‘‘or

6 fishery mortality level’’ after ‘‘quota of fish’’ in the last

7 sentence.

8 SEC. 405. FINES AND PERMIT SANCTIONS.

9 Section 7(e) of the Atlantic Tunas Convention Act

10 of 1975 (16 U.S.C. 971(e)) is amended to read as follows:

11 ‘‘(e) The civil penalty and permit sanctions of section

12 308 of the Magnuson Fishery Conservation and Manage13 ment Act (16 U.S.C. 1858) are hereby made applicable

14 to violations of this section as if they were violations of

15 section 307 of that Act.’’.

16 SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

17 Section 10 of the Atlantic Tunas Convention Act of

18 1975 (16 U.S.C. 971h) is amended to read as follows:

19 ‘‘AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘Sec. 10. There are authorized to be appropriated to

21 carry out this Act, including use for payment of the Unit22 ed States share of the joint expenses of the Commission

23 as provided in article X of the Convention, the following

24 sums:
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1 ‘‘(1) For fiscal year 1994, $2,750,000, of which

2 $50,000 are authorized in the aggregate for the ad3 visory committee established under section 4 and the

4 species working groups established under section 4A,

5 and $1,500,000 are authorized for research activities

6 under this Act.

7 ‘‘(2) For fiscal year 1995, $4,000,000, of which

8 $62,000 are authorized in the aggregate for such

9 advisory committee and such working groups, and

10 $2,500,000 are authorized for such research activi11 ties.

12 ‘‘(3) For fiscal year 1996, $4,000,000 of which

13 $75,000 are authorized in the aggregate for such

14 advisory committee and such working groups, and

15 $2,500,000 are authorized for such research activi16 ties.’’.

17 SEC. 407. REPORT AND CERTIFICATION.

18 The Atlantic Tunas Convention Act of 1975 (16

19 U.S.C. 971 et seq.) is amended by adding at the end there20 of the following:

21 ‘‘ANNUAL REPORT.

22 ‘‘Sec. 11. Not later than April 1, 1995, and annually

23 thereafter, the Secretary shall prepare and transmit to the

24 Committee on Merchant Marine and Fisheries of the

25 House of Representatives and the Committee on Com-
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1 merce, Science, and Transportation of the Senate a report,

2 that—

3 ‘‘(1) details for the previous 10-year period the

4 catches and exports to the United States of highly

5 migratory species (including tunas, swordfish, marlin

6 and sharks) from nations fishing on Atlantic stocks

7 of such species that are subject to management by

8 the Commission;

9 ‘‘(2) identifies those fishing nations whose har10 vests are inconsistent with conservation and manage11 ment recommendations of the Commission;

12 ‘‘(3) describes reporting requirements estab13 lished by the Secretary to ensure that imported fish

14 products are in compliance with all international

15 management measures, including minimum size re16 quirements, established by the Commission and

17 other international fishery organizations to which

18 the United States is a party; and

19 ‘‘(4) describes actions taken by the Secretary

20 under section 12.

21 ‘‘CERTIFICATION

22 ‘‘Sec. 12. (a) If the Secretary determines that vessels

23 of any nation are harvesting fish which are subject to reg24 ulation pursuant to a recommendation of the Commission

25 and which were taken from the convention area in a man-
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1 ner or under circumstances which would tend to diminish

2 the effectiveness of the conservation recommendations of

3 the Commission, the Secretary shall certify such fact to

4 the President.

5 ‘‘(b) Such certification shall be deemed to be a certifi6 cation for the purposes of section 8 of the Fishermen’s

7 Protective Act (22 U.S.C. 1978).

8 ‘‘(c) Upon certification under subsection (a), the Sec9 retary shall promulgate regulations under section 6(c)(4)

10 with respect to a nation so certified.’’.

11 SEC. 408. SENSE OF THE CONGRESS REGARDING CON12 SERVATION AND MANAGEMENT OF ATLANTIC

13 BLUEFIN TUNA.

14 (a) FINDING.—The Congress finds the following:

15 (1) Atlantic bluefin tuna are a valuable com16 mercial and recreational fishery of the United

17 States.

18 (2) Many other countries also harvest Atlantic

19 bluefin tuna in the Atlantic Ocean and the Medi20 terranean Sea.

21 (3) The International Commission for the Con22 servation of Atlantic Tunas (hereinafter in this sec23 tion referred to as the ‘‘Commission’’), was estab24 lished in 1969 to develop conservation and manage25 ment recommendations for Atlantic bluefin tuna and
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1 other highly migratory species in the Atlantic Ocean

2 and the Mediterranean Sea.

3 (4) The Commission adopted conservation and

4 management recommendations in 1974 to ensure the

5 recovery and sustainability of Atlantic bluefin tuna

6 throughout the Atlantic Ocean and the Mediterra7 nean Sea.

8 (5) In 1981, the Commission adopted a man9 agement strategy for Atlantic bluefin tuna predi10 cated on a hypothesis that 2 stocks of the fish ex11 isted: a western stock found in the Atlantic west of

12 45 degrees west longitude (hereinafter in this section

13 referred to as the ‘‘45 degree line’’), and an eastern

14 stock found in the Atlantic Ocean east of the 45 de15 gree line and in the Mediterranean Sea.

16 (6) Since 1981, the Commission has adopted

17 additional, more restrictive conservation and man18 agement recommendations for Atlantic bluefin tuna

19 for countries that harvest bluefin tuna west of the

20 45 degree line, including a 25 percent quota reduc21 tion since 1991 with an additional 40 percent quota

22 reduction scheduled for 1995.

23 (7) The United States and other Commission

24 members that harvest bluefin tuna west of the 45

25 degree line have implemented all conservation and
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1 management recommendations adopted by the Com2 mission for Atlantic bluefin tuna west of the 45 de3 gree line.

4 (8) Many other Commission members do not

5 comply with the conservation and management rec6 ommendations adopted by the Commission for At7 lantic bluefin tuna east of the 45 degree line.

8 (9) A recent National Academy of Sciences re9 view of the scientific data used by the Commission

10 concluded that the available data is consistent with

11 a 1-stock management strategy for bluefin tuna in

12 the North Atlantic.

13 (10) The National Academy of Sciences review

14 also found that abundance of Atlantic bluefin tuna

15 in the western Atlantic has remained stable since

16 1988, in contrast to the roughly 50 percent decline

17 in abundance reported by the Commission.

18 (11) The continued unrestricted harvesting of

19 Atlantic bluefin tuna east of the 45 degree line and

20 in the Mediterranean Sea will undermine the con21 servation recommendations being implemented west

22 of the line to rebuild Atlantic bluefin tuna.

23 (12) In order to successfully rebuild the Atlan24 tic bluefin tuna stock, conservation and management

25 recommendations must be adopted and implemented
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1 throughout the Atlantic Ocean and the Mediterra2 nean Sea.

3 (b) SENSE OF CONGRESS.—It is the sense of the

4 Congress that—

5 (1) the United States and the Commission

6 should continue to promote the conservation and

7 management of Atlantic bluefin tuna throughout the

8 Atlantic Ocean and Mediterranean Sea and develop

9 a program to rebuild Atlantic bluefin tuna that re10 quires the participation of all nations that harvest

11 this species;

12 (2) the United States should ensure that the

13 scientific findings and recommendations of the Na14 tional Academy of Sciences Atlantic bluefin tuna re15 view panel are made available to and included in the

16 considerations of the Commission’s scientific advi17 sory panel;

18 (3) the United States should oppose any further

19 quota reductions for nations harvesting Atlantic

20 bluefin tuna west of the 45 degree line and insist

21 that all nations harvesting Atlantic bluefin tuna west

22 and east of the 45 degree line implement comparable

23 conservation and rebuilding programs for the Atlan24 tic bluefin tuna resource;
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1 (4) the continued harvesting by fishermen from

2 any country which is a member of the Commission

3 and which does not comply with the conservation

4 and management recommendations of the Commis5 sion will be considered by the Congress to diminish

6 the effectiveness of an international fishery con7 servation program and, as such, will be considered

8 by the Congress to be subject to the embargo provi9 sion in section 6 of the Atlantic Tunas Convention

10 Act;

11 (5) the United States should encourage other

12 nations with significant markets for Atlantic bluefin

13 tuna to prohibit the importation of that species from

14 harvesting nations which do not comply with the

15 conservation and management recommendations

16 adopted by the Commission; and

17 (6) the United States should encourage the

18 Commission to adopt recommendations encouraging

19 the use of trade actions by member nations as en20 forcement measures when the actions of a nation are

21 undermining the effectiveness of conservation and

22 management recommendations of the Commission.
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1 TITLE V—FISHERMEN’S

2 PROTECTIVE ACT

3 SEC. 501. FINDINGS.

4 The Congress finds that—

5 (1) customary international law and the United

6 Nations Convention on the Law of the Sea guaran7 tee the right of passage, including innocent passage,

8 to vessels through the waters commonly referred to

9 as the ‘‘Inside Passage’’ off the Pacific Coast of

10 Canada;

11 (2) Canada recently required all commercial

12 fishing vessels of the United States to pay 1,500 Ca13 nadian dollars to obtain a ‘‘license which authorizes

14 transit’’ through the Inside Passage;

15 (3) this action was inconsistent with inter16 national law, including the United Nations Conven17 tion on the Law of the Sea, and, in particular, Arti18 cle 26 of that Convention, which specifically pro19 hibits such fees, and threatened the safety of United

20 States commercial fishermen who sought to avoid

21 the fee by traveling in less protected waters;

22 (4) the Fishermen’s Protective Act of 1967 pro23 vides for the reimbursement of vessel owners who

24 are forced to pay a license fee to secure the release

25 of a vessel which has been seized, but does not per-
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1 mit reimbursement of a fee paid by the owner in ad2 vance in order to prevent a seizure;

3 (5) Canada required that the license fee be paid

4 in person in 2 ports on the Pacific Coast of Canada,

5 or in advance by mail;

6 (6) significant expense and delay was incurred

7 by commercial fishing vessels of the United States

8 that had to travel from the point of seizure back to

9 one of those ports in order to pay the license fee re10 quired by Canada, and the costs of that travel and

11 delay can not be reimbursed under the Fishermen’s

12 Protective Act;

13 (7) the Fishermen’s Protective Act of 1967

14 should be amended to permit vessel owners to be re15 imbursed for fees required by a foreign government

16 to be paid in advance in order to navigate in the wa17 ters of that foreign country if the United States con18 siders that fee to be inconsistent with international

19 law;

20 (8) the Secretary of State should seek to re21 cover from Canada any amounts paid by the United

22 States to reimburse vessel owners who paid the tran23 sit license fee;

24 (9) the United States should review its current

25 policy with respect to anchorage by commercial fish-
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1 ing vessels of Canada in waters of the United States

2 off Alaska, including waters in and near the Dixon

3 Entrance, and should accord such vessels the same

4 treatment that commercial fishing vessels of the

5 United States are accorded for anchorage in the wa6 ters of Canada off British Columbia;

7 (10) the President should ensure that, consist8 ent with international law, the United States Coast

9 Guard has available adequate resources in the Pa10 cific Northwest and Alaska to provide for the safety

11 of United States citizens, the enforcement of United

12 States law, and to protect the rights of the United

13 States and keep the peace among vessels operating

14 in disputed waters;

15 (11) the President should continue to review all

16 agreements between the United States and Canada

17 to identify other actions that may be taken to con18 vince Canada that any reinstatement of the transit

19 license fee would be against Canada’s long-term in20 terests, and should immediately implement any ac21 tions which the President deems appropriate if Can22 ada reinstates the fee;

23 (12) the President should continue to convey to

24 Canada in the strongest terms that the United

25 States will not now, nor at any time in the future,
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1 tolerate any action by Canada which would impede

2 or otherwise restrict the right of passage of vessels

3 of the United States in a manner inconsistent with

4 international law; and

5 (13) the United States should redouble its ef6 forts to seek expeditious agreement with Canada on

7 appropriate fishery conservation and management

8 measures that can be implemented through the Pa9 cific Salmon Treaty to address issues of mutual con10 cern.

11 SEC. 502. AMENDMENT TO THE FISHERMEN’S PROTECTIVE

12 ACT OF 1967.

13 (a) The Fishermen’s Protective Act of 1967 (22

14 U.S.C. 1971 et seq.) is amended by adding at the end

15 the following new section:

16 ‘‘Sec. 11. (a) In any case on or after June 15, 1994,

17 in which a vessel of the United States exercising its right

18 of passage is charged a fee by the government of a foreign

19 country to engage in transit passage between points in the

20 United States (including a point in the exclusive economic

21 zone or in an area over which jurisdiction is in dispute),

22 and such fee is regarded by the United States as being

23 inconsistent with international law, the Secretary of State

24 shall reimburse the vessel owner for the amount of any

25 such fee paid under protest.
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1 ‘‘(b) In seeking such reimbursement, the vessel owner

2 shall provide, together with such other information as the

3 Secretary of State may require—

4 ‘‘(1) a copy of the receipt for payment;

5 ‘‘(2) an affidavit attesting that the owner or the

6 owner’s agent paid the fee under protest; and

7 ‘‘(3) a copy of the vessel’s certificate of docu8 mentation.

9 ‘‘(c) Requests for reimbursement shall be made to the

10 Secretary of State within 120 days after the date of pay11 ment of the fee, or within 90 days after the date of enact12 ment of this section, whichever is later.

13 ‘‘(d) Such funds as may be necessary to meet the re14 quirements of this section may be made available from the

15 unobligated balances of previously appropriated funds re16 maining in the Fishermen’s Guaranty Fund established

17 under section 7 and the Fishermen’s Protective Fund es18 tablished under section 9. To the extent that requests for

19 reimbursement under this section exceed such funds, there

20 are authorized to be appropriated such sums as may be

21 needed for reimbursements authorized under subsection

22 (a).

23 ‘‘(e) The Secretary of State shall take such action

24 as the Secretary deems appropriate to make and collect
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1 claims against the foreign country imposing such fee for

2 any amounts reimbursed under this section.

3 ‘‘(f) For purposes of this section, the term ‘owner’

4 includes any charterer of a vessel of the United States.

5 ‘‘(g) This section shall remain in effect until October

6 1, 1995.’’.

7 (b) The Fishermen’s Protective Act of 1967 (22

8 U.S.C. 1971 et seq.) is further amended by adding at the

9 end the following:

10 ‘‘Sec. 12. (a) If the Secretary of State finds that the

11 government of any nation imposes conditions on the oper12 ation or transit of United States fishing vessels which the

13 United States regards as being inconsistent with inter14 national law or an international agreement, the Secretary

15 of State shall certify that fact to the President.

16 ‘‘(b) Upon receipt of a certification under subsection

17 (a), the President shall direct the heads of Federal agen18 cies to impose similar conditions on the operation or tran19 sit of fishing vessels registered under the laws of the na20 tion which has imposed conditions on United States fish21 ing vessels.

22 ‘‘(c) For the purposes of this section, the term ‘fish23 ing vessel’ has the meaning given that term in section

24 2101(11a) of title 46, United States Code.
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1 ‘‘(d) It is the sense of the Congress that any action

2 taken by any Federal agency under subsection (b) should

3 be commensurate with any conditions certified by the Sec4 retary of State under subsection (a).’’.

5 SEC. 503. REAUTHORIZATION.

6 (a) Section 7(c) of the Fishermen’s Protective Act of

7 1967 (22 U.S.C. 1977(c)) is amended by striking the third

8 sentence.

9 (b) Section 7(e) of the Fishermen’s Protective Act of

10 1967 (22 U.S.C. 1977(e)) is amended by striking ‘‘Octo11 ber 1, 1993’’ and inserting ‘‘October 1, 2000’’.

12 SEC. 504. TECHNICAL CORRECTIONS.

13 (a)(1) Section 15(a) of Public Law 103-238 is

14 amended by striking ‘‘April 1, 1994,’’ and inserting ‘‘May

15 1, 1994.’’.

16 (2) The amendment made by paragraph (1) shall be

17 effective on and after April 30, 1994.

18 (b) Section 803(13)(C) of Public Law 102–567 (16

19 U.S.C. 5002(13)(C)) is amended to read as follows:

20 ‘‘(C) any vessel supporting a vessel de21 scribed in subparagraph (A) or (B).’’.
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1 TITLE VI—FISHERIES ENFORCE2 MENT IN CENTRAL SEA OF

3 OKHOTSK

4 SEC. 601. SHORT TITLE.

5 This title may be cited as the ‘‘Sea of Okhotsk Fish6 eries Enforcement Act of 1994’’.

7 SEC. 602. FISHING PROHIBITION.

8 The Central Bering Sea Fisheries Enforcement Act

9 of 1992 (16 U.S.C. 1823 note) is amended—

10 (1) in section 302, by inserting ‘‘and the

11 Central Sea of Okhotsk’’ after ‘‘Central Bering

12 Sea’’; and

13 (2) in section 306—

14 (A) by redesignating paragraphs (2), (3),

15 (4), (5), and (6) in order as paragraphs (3),

16 (4), (5), (6), and (7); and

17 (B) by inserting after paragraph (1) the

18 following:

19 ‘‘(2) CENTRAL SEA OF OKHOTSK.—The term

20 ‘Central Sea of Okhotsk’ means the central Sea of

21 Okhotsk area which is more than two hundred nau22 tical miles seaward of the baseline from which the

23 breadth of the territorial sea of the Russian Federa24 tion is measured.’’.
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1 TITLE VII—COAST GUARD

2 AUTHORIZATIONS

3 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are authorized to be appropriated for nec5 essary expenses of the Coast Guard for fiscal year 1995,

6 as follows:

7 (1) For the operation and maintenance of the

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

9 shall be derived from the Oil Spill Liability Trust

10 Fund.

11 (2) For the acquisition, construction, rebuild12 ing, and improvement of aids to navigation, shore

13 and offshore facilities, vessels, and aircraft, includ14 ing equipment related thereto, $439,200,000, to re15 main available until expended, of which $32,500,000

16 shall be derived from the Oil Spill Liability Trust

17 Fund to carry out the purposes of section

18 1012(a)(5) of the Oil Pollution Act of 1990.

19 (3) For research, development, test, and evalua20 tion of technologies, materials, and human factors

21 directly relating to improving the performance of the

22 Coast Guard’s mission in support of search and res23 cue, aids to navigation, marine safety, marine envi24 ronmental protection, enforcement of laws and trea25 ties, ice operations, oceanographic research, and de-
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1 fense readiness, $20,310,000, to remain available

2 until expended, of which—

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

4 Oil Spill Liability Trust Fund; and

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

6 in cooperation with appropriate Federal and

7 State agencies, local maritime education organi8 zations, and local marine industry representa9 tives, a demonstration project on the lower Mis10 sissippi River and in the Houston Ship Channel

11 to study the effectiveness of currently available

12 Electronic Chart Display and Information Sys13 tems (ECDIS) and Electronic Chart Systems

14 (ECS) for use on commercial vessels.

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

16 obligations otherwise chargeable to lapsed appropria17 tions for this purpose), payments under the Retired

18 Serviceman’s Family Protection and Survivor Bene19 fit Plans, and payments for medical care of retired

20 personnel and their dependents under chapter 55 of

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

22 (5) For alteration or removal of bridges over

23 navigable waters of the United States constituting

24 obstructions to navigation, and for personnel and

25 administrative costs associated with the Bridge Al-
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1 teration Program, $13,000,000, to remain available

2 until expended.

3 (6) For environmental compliance and restora4 tion at Coast Guard facilities, $25,000,000, to re5 main available until expended.

6 SEC. 702. AUTHORIZED LEVELS OF MILITARY STRENGTH

7 AND TRAINING.

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

9 authorized an end-of-year strength for active duty person10 nel of 39,000 as of September 30, 1995. The authorized

11 strength does not include members of the Ready Reserve

12 called to active duty for special or emergency augmenta13 tion of regular Coast Guard forces for periods of 180 days

14 or less.

15 (b) MILITARY TRAINING STUDENT LOADS.—For fis16 cal year 1995, the Coast Guard is authorized average mili17 tary training student loads as follows:

18 (1) For recruit and special training, 2,000 stu19 dent years.

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

21 (3) For professional training in military and ci22 vilian institutions, 344 student years.

23 (4) For officer acquisition, 955 student years.
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1 SEC. 703. DRUG INTERDICTION ACTIVITIES.

2 In addition to amounts otherwise authorized by this

3 Act, there are authorized to be appropriated to the Sec4 retary of Transportation for operation and maintenance

5 expenses of Coast Guard drug interdiction activities

6 $21,000,000 for fiscal year 1995.

7 TITLE VIII—COAST GUARD PER8 SONNEL MANAGEMENT IM9 PROVEMENT

10 SEC. 801. HURRICANE ANDREW RELIEF.

11 Section 2856 of the National Defense Authorization

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

13 to the military personnel of the Coast Guard who were

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

15 Federal facility or installation in the vicinity of Homestead

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

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

18 24, 1992, except that—

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

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

21 (2) the Secretary of Transportation shall ad22 minister that section with respect to such personnel.

23 SEC. 802. DISSEMINATION OF RESULTS OF 0–6 CONTINU24 ATION BOARDS.

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

26 amended by striking ‘‘Upon approval by the President, the
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1 names of the officers selected for continuation on active

2 duty by the board shall be promptly disseminated to the

3 service at large.’’.

4 SEC. 803. EXCLUDE CERTAIN RESERVES FROM END-OF5 YEAR STRENGTH.

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

7 amended by adding at the end the following:

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

9 this section shall not be counted in computing authorized

10 strength of members on active duty or members in grade

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

12 SEC. 804. PROVISION OF CHILD DEVELOPMENT SERVICES.

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

14 amended by inserting after section 514 the following new

15 section:

16 ‘‘§ 515. Child development services

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

18 services available for members and civilian employees of

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

20 members of the Armed Forces and Federal civilian em21 ployees. Child development services benefits provided

22 under this section shall be in addition to benefits provided

23 under other laws.

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

25 Commandant may require that amounts received as fees
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1 for the provision of child development services under this

2 section at Coast Guard child development centers be used

3 only for compensation of Coast Guard child development

4 center employees who are directly involved in providing

5 child care.

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

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

8 uneconomical and inefficient use of amounts received as

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

10 compliance would be uneconomical and inefficient) use

11 such amounts—

12 ‘‘(A) for the purchase of consumable or dispos13 able items for Coast Guard child development cen14 ters; and

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

16 consumable or disposable items for a given fiscal

17 year have been met, for other expenses of those

18 centers.

19 ‘‘(c) The Commandant may use Department of De20 fense or other training programs to insure that all child

21 development services providers under this section meet

22 minimum standards.

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

24 members and civilian employees of the Coast Guard for

25 obtaining services of qualified family home child develop-
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1 ment services providers. The cost per child to the Coast

2 Guard of obtaining those services may not exceed the aver3 age of the cost per child incurred by the Coast Guard for

4 child development services provided at all Coast Guard

5 child development centers.

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

7 each fiscal year for operating expenses (and in addition

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

9 child development services under this section an amount

10 equal to the total amount the Commandant estimates will

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

12 for the provision of those services.

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

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

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

16 Guard child development center’ does not include a child

17 care services facility for which space is allotted under sec18 tion 616 of the Act of December 22, 1987 (40 U.S.C.

19 490b).

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

21 implement this section. The regulations shall establish fees

22 to be charged for child development services provided

23 under this section which are based on total family in24 come.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

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

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

4 section 514 the following:

‘‘515. Child development services.’’.

5 TITLE IX—NAVIGATION SAFETY

6 AND WATERWAY SERVICES

7 MANAGEMENT

8 SEC. 901. FOREIGN PASSENGER VESSEL USER FEES.

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

10 amended—

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

12 as’’ and inserting ‘‘Except as’’; and

13 (2) by striking subsection (b).

14 SEC. 902. DOCUMENTATION VIOLATIONS.

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

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

17 inserting ‘‘$25,000’’.

18 (b) SEIZURE AND FORFEITURE.—

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

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

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

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

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

24 or agent of the owner knowingly falsifies or conceals

25 a material fact, or makes a false statement or rep-
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1 resentation about the documentation or in applying

2 for documentation of the vessel;

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

4 and fraudulently used for the vessel;

5 ‘‘(3) the vessel is operated after its endorsement

6 has been denied or revoked under section 12123 of

7 this title;

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

9 an appropriate trade endorsement; or

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

11 only a recreational endorsement, the vessel is oper12 ated other than for pleasure.’’.

13 (2) CONFORMING AMENDMENT.—Section

14 12122(c) of title 46, United States Code, is re15 pealed.

16 (c) LIMITATION ON OPERATION OF VESSEL WITH

17 ONLY RECREATIONAL ENDORSEMENT.—Section 12110(c)

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

19 (d) TERMINATION OF RESTRICTION ON COMMAND OF

20 RECREATIONAL VESSELS.—

21 (1) TERMINATION OF RESTRICTION.—Sub22 section (d) of section 12110 of title 46, United

23 States Code, is amended—

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

25 only a recreational endorsement operating with-
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1 in the territorial waters of the United States,’’

2 after ‘‘A documented vessel’’; and

3 (B) by redesignating that subsection as

4 subsection (c).

5 (2) CONFORMING AMENDMENT.—Section

6 12111(a)(2) of title 46, United States Code, is

7 amended by inserting before the period the follow8 ing: ‘‘in violation of section 12110(c) of this title’’.

9 SEC. 903. CLERICAL AMENDMENT.

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

11 amended—

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

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

14 the chapter by striking the first item relating to sec15 tion 12123.

16 SEC. 904. RENEWAL OF HOUSTON-GALVESTON NAVIGATION

17 SAFETY ADVISORY COMMITTEE AND LOWER

18 MISSISSIPPI RIVER WATERWAY ADVISORY

19 COMMITTEE.

20 The Coast Guard Authorization Act of 1991 (Public

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

22 (1) in section 18 by adding at the end the fol23 lowing:

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

25 1999.’’; and
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1 (2) in section 19 by adding at the end the fol2 lowing:

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

4 1999.’’.

5 TITLE X—MISCELLANEOUS

6 PROVISIONS

7 SEC. 1001. OFFICER RETENTION UNTIL RETIREMENT ELIGI8 BLE.

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

10 amended—

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

12 (2) by striking the last sentence; and

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

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

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

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

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

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

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

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

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

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

4 retired.’’.

5 SEC. 1002. CONTINUING OBLIGATION TO PROVIDE DOCU6 MENTATION INFORMATION AT EXISTING LO7 CATIONS.

8 The Secretary of Transportation shall, until October

9 1, 1999, maintain an ability, at Coast Guard offices that

10 are located in the immediate vicinity of former regional

11 vessel documentation offices, to assist the public with in12 formation on obtaining, altering, and renewing the docu13 mentation of a vessel and on vessel documentation laws

14 and regulations generally.

15 SEC. 1003. CONTINUATION OF THE COMMERCIAL FISHING

16 INDUSTRY VESSEL ADVISORY COMMITTEE.

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

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

19 1994’’ and inserting ‘‘October 1, 1999’’.

20 SEC. 1004. PROHIBITION ON STATION CLOSURES.

21 (a) PROHIBITION.—The Secretary of Transportation

22 may not close or consolidate any multimission small boat

23 station in fiscal year 1995 until the Secretary has submit24 ted a list of proposed station closures to the Committee

25 on Merchant Marine and Fisheries of the House of Rep-
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1 resentatives and to the Committee on Commerce, Science,

2 and Transportation of the Senate.

3 (b) DEADLINE FOR SUBMISSION.—The Secretary

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

5 closure or consolidation.

6 SEC. 1005. RENEWAL OF THE NAVIGATION SAFETY ADVI7 SORY COUNCIL.

8 Section 5 of the Inland Navigational Rules Act of

9 1980 (33 U.S.C. 2073) is amended in subsection (d) by

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

11 30, 2000’’.

12 SEC. 1006. COAST GUARD RESERVE PEACETIME REQUIRE13 MENTS PLAN.

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

15 Transportation shall submit to the Committee on Mer16 chant Marine and Fisheries of the House of Representa17 tives and the Committee on Commerce, Science, and

18 Transportation of the Senate a plan to more fully utilize

19 the Coast Guard Selected Reserve to augment peacetime

20 operations. As part of the plan, the Secretary shall in21 clude—

22 (1) methods to deliver more cost-effective Coast

23 Guard services by supplementing active duty person24 nel with Coast Guard reservists while preserving the

25 current level of service to the public;
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1 (2) methods to more fully integrate the Coast

2 Guard Reserve in peacetime Coast Guard programs,

3 including, but not limited to, search and rescue, ma4 rine safety, and marine environmental protection;

5 (3) the most effective command structure for

6 the Coast Guard Reserve; and

7 (4) a specific estimate of the number of reserv8 ists needed to augment peacetime Coast Guard mis9 sions under the plan.

10 SEC. 1007. PROHIBITION ON OVERHAUL, REPAIR, AND

11 MAINTENANCE OF COAST GUARD VESSELS IN

12 FOREIGN SHIPYARDS.

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

14 States Code, is amended by adding at the end the follow15 ing:

16 ‘‘§ 96. Prohibition on overhaul, repair, and mainte17 nance of Coast Guard vessels in foreign

18 shipyards

19 ‘‘A Coast Guard vessel may not be overhauled, re20 paired, or maintained in any shipyard located outside the

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

22 emergency repairs.’’.

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

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

25 of chapter 5 by adding at the end the following:
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‘‘96. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels

in foreign shipyards.’’.

1 SEC. 1008. ELECTRONIC FILING OF COMMERCIAL INSTRU2 MENTS.

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

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

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

8 under regulations prescribed by the Secretary.

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

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

11 on the date of the filing unless the original instrument

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

13 SEC. 1009. SENSE OF THE CONGRESS REGARDING FUNDING

14 FOR COAST GUARD.

15 It is the sense of the Congress that in appropriating

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

18 carry out all extraordinary functions and duties the Coast

19 Guard is required to undertake in addition to its normal

20 functions established by law.

21 SEC. 1010. CONTRACTS FOR HEALTH CARE SERVICES.

22 (a) Chapter 17 of title 14, United States Code, is

23 amended by inserting after section 644 the following new

24 section:
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1 ‘‘§ 644a. Contracts for health care services

2 ‘‘(a) Subject to the availability of appropriations for

3 this purpose, the Commandant may enter into personal

4 services and other contracts to carry out health care re5 sponsibilities pursuant to section 93 of this title and other

6 applicable provisions of law pertaining to the provision of

7 health care services to Coast Guard personnel and covered

8 beneficiaries. The authority provided in this subsection is

9 in addition to any other contract authorities of the Com10 mandant provided by law or as delegated to the Com11 mandant from time to time by the Secretary, including

12 but not limited to authority relating to the management

13 of health care facilities and furnishing of health care serv14 ices pursuant to title 10 and this title.

15 ‘‘(b) The total amount of compensation paid to an

16 individual in any year under a personal services contract

17 entered into under subsection (a) shall not exceed the

18 amount of annual compensation (excluding allowances for

19 expenses) allowable for such contracts entered into by the

20 Secretary of Defense pursuant to section 1091 of title 10.

21 ‘‘(c)(1) The Secretary shall promulgate regulations to

22 assure—

23 ‘‘(A) the provision of adequate notice of con24 tract opportunities to individuals residing in the area

25 of a medical treatment facility involved; and
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1 ‘‘(B) consideration of interested individuals

2 solely on the basis of the qualifications established

3 for the contract and the proposed contract price.

4 ‘‘(2) Upon establishment of the procedures under

5 paragraph (1), the Secretary may exempt personal serv6 ices contracts covered by this section from the competitive

7 contracting requirements specified in section 2304 of title

8 10, or any other similar requirements of law.

9 ‘‘(d) The procedures and exemptions provided under

10 subsection (c) shall not apply to personal services con11 tracts entered into under subsection (a) with entities other

12 than individuals or to any contract that is not an author13 ized personal services contract under subsection (a).’’.

14 (b) The table of sections for chapter 17 of title 14,

15 United States Code, is amended by inserting after the

16 item relating to section 644 the following:

‘‘644a. Contracts for health care services.’’.

17 (c) The amendments made by this section shall take

18 effect on October 1, 1994. Any personal services contract

19 entered into on behalf of the Coast Guard in reliance upon

20 the authority of section 1091 of title 10, United States

21 Code, before that date is confirmed and ratified and shall

22 remain in effect in accordance with the terms of the con23 tract.
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1 SEC. 1011. VESSEL FINANCING.

2 (a) ELIMINATION OF MORTGAGEE RESTRICTIONS.—

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

4 amended to read as follows:

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

6 made, that—

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

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

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

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

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

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

16 (b) ELIMINATION OF TRUSTEE RESTRICTIONS.—

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

18 States Code, is repealed.

19 (2) CONFORMING AMENDMENT.—Section

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

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

23 (c) REMOVAL OF MORTGAGE RESTRICTIONS.—Sec24 tion 9 of the Shipping Act, 1916 (46 App. U.S.C. 808)

25 is amended—

26 (1) in subsection (c)—
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1 (A) by striking ‘‘31328’’ and inserting

2 ‘‘12106(e)’’; and

3 (B) in paragraph (1) by striking ‘‘mort4 gage,’’ each place it appears; and

5 (2) in subsection (d)—

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

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

8 (B) in paragraph (2) by striking ‘‘trans9 fers, or mortgages’’ and inserting ‘‘or trans10 fers’’;

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

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

13 transfers’’; and

14 (D) in paragraph (4) by striking ‘‘trans15 fers, or mortgages’’ and inserting ‘‘or trans16 fers’’.

17 (d) Public Law 74–835 (49 Stat. 1985 et seq.) is

18 amended in section 615 by striking ‘‘, until September 30,

19 1983,’’; by inserting ‘‘use’’ after ‘‘this title to’’; by striking

20 ‘‘tons’’ and inserting ‘‘regulatory tons built’’; and by re21 pealing subsection (b).

22 (e) LEASE FINANCING.—Section 12106 of title 46,

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

24 following new subsections:
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1 ‘‘(e)(1) A certificate of documentation for a vessel

2 may be endorsed with a coastwise endorsement if—

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

4 under section 12102;

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

6 section to be employed in the coastwise trade;

7 ‘‘(C) the person that owns the vessel, or any

8 other person that owns or controls the person that

9 owns the vessel, is primarily engaged in leasing or

10 other financing transactions;

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

12 person qualifying as a citizen of the United States

13 for engaging in the coastwise trade under section 2

14 of the Shipping Act, 1916; and

15 ‘‘(E) the demise charter is for—

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

17 ‘‘(ii) such shorter period as may be pre18 scribed by the Secretary.

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

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

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

22 terms and conditions that the Secretary of Transportation

23 may prescribe.

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

25 of the Merchant Marine Act, 1920, section 2 of the Ship-
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1 ping Act, 1916, and section 12102(a), a vessel meeting

2 the criteria of subsection (d) or (e) is deemed to be owned

3 exclusively by citizens of the United States.’’.

4 SEC. 1012. REPEAL OF GREAT LAKES ENDORSEMENTS.

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

6 States Code, is repealed.

7 (b) CONFORMING AMENDMENTS.—

8 (1) The analysis at the beginning of chapter

9 121 of title 46, United States Code, is amended by

10 striking the item relating to section 12107.

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

12 States Code, is repealed.

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

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

15 amended by striking ‘‘or 12107’’.

16 (4) Section 2793 of the Revised Statutes of the

17 United States (46 App. U.S.C. 111, 123; 19 U.S.C.

18 288) is amended by striking ‘‘coastwise, Great

19 Lakes’’ and inserting ‘‘registry’’.

20 (5) Section 441(6) of the Tariff Act of 1930

21 (19 U.S.C. 1441) is amended by striking ‘‘with a

22 Great Lakes endorsement when towing vessels’’ and

23 inserting ‘‘when towing vessels on the Great Lakes

24 or their tributary or connecting waters’’.
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1 (6) Public Law 74–835 (49 Stat. 1985 et seq.)

2 is amended in section 805(a) by striking ‘‘1935’’

3 each place it appears and inserting ‘‘1993’’; and by

4 repealing sections 605(c) and 610.

5 TITLE XI—RECREATIONAL

6 BOATING SAFETY

7 SEC. 1101. SHORT TITLE.

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

9 Safety Improvement Act of 1994’’.

10 SEC. 1102. PERSONAL FLOTATION DEVICES REQUIRED FOR

11 CHILDREN.

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

13 United States Code, is amended—

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

15 semicolon at the end;

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

17 inserting ‘‘; or’’; and

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

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

20 in length unless each individual 6 years of age or

21 younger wears a Coast Guard approved personal flo22 tation device when the individual is on an open deck

23 of the vessel.’’.
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1 (b) STATE AUTHORITY PRESERVED.—Section 4307

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

3 adding at the end the following:

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

5 the authority of a State to establish requirements relating

6 to the wearing of personal flotation devices on recreational

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

8 SEC. 1103. ALLOCATION OF FUNDS BASED ON STATE ADOP9 TION OF LAWS REGARDING BOATING WHILE

10 INTOXICATED.

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

12 amended—

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

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

15 (2) by inserting before subsection (b) (as so re16 designated) the following new subsection:

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

18 transferred to the Secretary each fiscal year pursuant to

19 section 4(b) of the Act of August 9, 1950 (16 U.S.C.

20 777c(b)), the Secretary shall allocate for State rec21 reational boating safety programs $10,000,000 as follows:

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

23 with paragraph (2) among eligible States that—
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1 ‘‘(i) prohibit operation of a recreational

2 vessel by an individual who is under the influ3 ence of alcohol or drugs; and

4 ‘‘(ii) establish a blood alcohol concentration

5 limit of .10 percent or less.

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

7 with paragraph (2) among eligible States that—

8 ‘‘(i) prohibit operation of a recreational

9 vessel by an individual who is under the influ10 ence of alcohol or drugs; and

11 ‘‘(ii) establish an implied consent require12 ment that specifies that an individual is deemed

13 to have given their consent to evidentiary test14 ing for their blood alcohol concentration or

15 presence of other intoxicating substances.

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

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

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

19 all eligible States receiving an allocation under that

20 subparagraph for the fiscal year; and

21 ‘‘(B) one-half shall be allocated among those el22 igible States so that each such State receives an

23 amount bearing the same ratio to the total amount

24 allocated under that subparagraph for the fiscal year

25 as the number of vessels numbered in that State
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1 under a system approved under chapter 123 of this

2 title bears to the total number of vessels numbered

3 under approved systems of all States receiving an al4 location under that subparagraph for the fiscal

5 year.’’;

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

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

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

9 (4) by adding at the end the following new sub10 section:

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

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

13 of any requirement relating to the operation of a rec14 reational vessel while under the influence of alcohol or

15 drugs that is more stringent than the requirements for

16 receiving the allocation.’’.

17 SEC. 1104. MARINE CASUALTY REPORTING.

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

19 after enactment of this Act, the Secretary of Transpor20 tation shall, in consultation with appropriate State agen21 cies, submit to the Committee on Merchant Marine and

22 Fisheries of the House of Representatives and the Com23 mittee on Commerce, Science, and Transportation of the

24 Senate a plan to increase reporting of vessel accidents to

25 appropriate State law enforcement officials.
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1 (b) PENALTIES FOR VIOLATING REPORTING RE2 QUIREMENTS.—Section 6103(a) of title 46, United States

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

4 the second place it appears.

5 SEC. 1105. REQUIRING VIOLATORS TO TAKE REC6 REATIONAL BOATING SAFETY COURSE.

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

8 46, United States Code, is amended by adding at the end

9 the following:

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

11 violation of this section shall complete a boating safety

12 course approved by the Secretary.’’.

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

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

15 following:

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

17 violation of this chapter or a regulation prescribed under

18 this chapter may be ordered to complete a recreational

19 boating safety course approved by the Secretary.’’.

20 SEC. 1106. TECHNICAL CORRECTIONS.

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

22 is amended by—

23 (1) striking ‘‘proceeding’’ and inserting ‘‘pre24 ceding’’; and
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1 (2) striking ‘‘Secertary’’ and inserting ‘‘Sec2 retary’’.

3 TITLE XII—COAST GUARD

4 REGULATORY REFORM

5 SEC. 1201. SHORT TITLE.

6 This title may be cited as the ‘‘Coast Guard Regu7 latory Reform Act of 1994’’.

8 SEC. 1202. SAFETY MANAGEMENT.

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

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

11 following new chapter:

12 ‘‘CHAPTER 32—MANAGEMENT OF VESSELS

‘‘Sec.

‘‘3201. Definitions.

‘‘3202. Application.

‘‘3203. Safety management system.

‘‘3204. Implementation of safety management system.

‘‘3205. Certification.

13 ‘‘§ 3201. Definitions

14 ‘‘In this chapter—

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

16 has the same meaning given that term in chapter IX

17 of the Annex to the International Convention for the

18 Safety of Life at Sea, 1974;

19 ‘‘(2) ‘responsible person’ means—

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

21 chapter applies; or

22 ‘‘(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. 1203. 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. 1204. 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. 1205. 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. 1206. 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. 1207. 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. 1208. 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 XIII—UNITED STATES

20 CRUISE VESSEL DEVELOPMENT

21 SEC. 1301. SHORT TITLE.

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

23 Vessel Development Act’’.
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1 SEC. 1302. 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. 1303. 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. 1304. 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

7 June 19, 1886.’’.

8 SEC. 1305. 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. 1306. LOAN GUARANTEES.

2 Title XI of the Act of June 29, 1936 (46 App. U.S.C.

3 1271 et seq.), is amended—

4 (1) in section 1101(b), by striking ‘‘passenger

5 cargo’’ and inserting ‘‘passenger, cargo,’’; and by

6 striking ‘‘owned by citizens of the United States’’;

7 (2) in section 1104B(a), in the material preced8 ing paragraph (1), by striking ‘‘owned by citizens of

9 the United States’’;

10 (3) in section 1110(a), by striking ‘‘owned by

11 citizens of the United States’’; and

12 (4) in section 1103, by adding at the end the

13 following:

14 ‘‘(g) Notwithstanding any other law, the cost of a

15 loan guarantee commitment entered into under this title

16 shall be calculated using only the projected cost of that

17 individual guarantee.’’.

18 SEC. 1307. PERMITS FOR VESSELS ENTERING UNITS OF NA19 TIONAL PARK SYSTEM.

20 (a) PRIORITY.—Notwithstanding any other provision

21 of law, the Secretary of the Interior may not permit a per22 son to operate a vessel in any unit of the National Park

23 System except in accordance with the following priority:

24 (1) First, any person that—
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1 (A) will operate a vessel that is docu2 mented under the laws of, and the home port

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

4 (B) holds rights to provide visitor services

5 under section 1307(a) of the Alaska National

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

7 3197(A)).

8 (2) Second, any person that will operate a ves9 sel that—

10 (A) is documented under the laws of a for11 eign country, and

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

13 Act is permitted to be operated by the person

14 in the unit.

15 (3) Third, any person that will operate a vessel

16 other than a vessel described in paragraph (1) or

17 (2).

18 (b) REVOCATION OF PERMITS FOR FOREIGN-DOCU19 MENTED VESSELS.—The Secretary of the Interior shall

20 revoke or refuse to renew permission granted by the Sec21 retary for the operation of a vessel documented under the

22 laws of a foreign country in a unit of the National Park

23 System, if—
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1 (1) a person requests permission to operate a

2 vessel documented under the laws of the United

3 States in that unit; and

4 (2) the permission may not be granted because

5 of a limit on the number of permits that may be is6 sued for that operation.

7 (c) RESTRICTIONS ON REVOCATION OF PERMITS.—

8 The Secretary of the Interior may not revoke or refuse

9 to renew permission under subsection (b) for any person

10 holding rights to provide visitor services under section

11 1307(a) of the Alaska National Interest Lands Conserva12 tion Act (16 U.S.C. 3197(a)).

13 (d) RETURN OF PERMITS.—Any person whose per14 mission to provide visitors services in a unit of the Na15 tional Park System has been revoked or not renewed

16 under subsection (b) shall have the right of first refusal

17 to a permit to provide visitors services in that unit of the

18 National Park System that becomes available when the

19 conditions described in subsection (b) no longer apply.

20 Such right shall be limited to the number of permits which

21 are revoked or not renewed.
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1 TITLE XIV—BOATING

2 IMPROVEMENT

3 SEC. 1401. SHORT TITLE.

4 This title may be cited as the ‘‘Boating Improvement

5 Act of 1994’’.

6 SEC. 1402. BOATING SAFETY GRANTS.

7 (a) TRANSFER OF AMOUNTS FOR STATE BOATING

8 SAFETY PROGRAMS.—

9 (1) TRANSFERS.—Section 4(b) of the Act of

10 August 9, 1950 (16 U.S.C. 777c(b)), is amended to

11 read as follows:

12 ‘‘(b)(1) Of the balance of each annual appropriation

13 remaining after making the distribution under subsection

14 (a), an amount equal to $15,000,000 for fiscal year 1995,

15 $40,000,000 for fiscal year 1996, $55,000,000 for fiscal

16 year 1997, and $69,000,000 for each of fiscal years 1998

17 and 1999, shall, subject to paragraph (2), be used as fol18 lows:

19 ‘‘(A) A sum equal to $7,500,000 of the amount

20 available for fiscal year 1995, and a sum equal to

21 $10,000,000 of the amount available for each of fis22 cal years 1996 and 1997, shall be available for use

23 by the Secretary of the Interior for grants under

24 section 5604(c) of the Clean Vessel Act of 1992.

25 Any portion of such a sum available for a fiscal year
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1 that is not obligated for those grants before the end

2 of the following fiscal year shall be transferred to

3 the Secretary of Transportation and shall be ex4 pended by the Secretary of Transportation for State

5 recreational boating safety programs under section

6 13106 of title 46, United States Code.

7 ‘‘(B) A sum equal to $7,500,000 of the amount

8 available for fiscal year 1995, $30,000,000 of the

9 amount available for fiscal year 1996, $45,000,000

10 of the amount available for fiscal year 1997, and

11 $59,000,000 of the amount available for each of fis12 cal years 1998 and 1999, shall be transferred to the

13 Secretary of Transportation and shall be expended

14 by the Secretary of Transportation for State rec15 reational boating safety programs under section

16 13106 of title 46, United States Code.

17 ‘‘(C) A sum equal to $10,000,000 of the

18 amount available for each of fiscal years 1998 and

19 1999 shall be available for use by the Secretary of

20 the Interior for—

21 ‘‘(i) grants under section 1403(e) of the

22 Boating Improvement Act of 1994; and

23 ‘‘(ii) grants under section 5604(c) of the

24 Clean Vessel Act of 1992.
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1 Any portion of such a sum available for a fiscal year that

2 is not obligated for those grants before the end of the fol3 lowing fiscal year shall be transferred to the Secretary of

4 Transportation and shall be expended by the Secretary of

5 Transportation for State recreational boating safety pro6 grams under section 13106 of title 46, United States

7 Code.

8 ‘‘(2)(A) Beginning with fiscal year 1996, the amount

9 transferred under paragraph (1)(B) for a fiscal year shall

10 be reduced by the lesser of—

11 ‘‘(i) the amount appropriated to the Secretary

12 of Transportation for that fiscal year to carry out

13 the purposes of section 13106 of title 46, United

14 States Code, from the Boat Safety Account in the

15 Aquatic Resources Trust Fund established under

16 section 9504 of the Internal Revenue Code of 1986;

17 or

18 ‘‘(ii) $35,000,000; or

19 ‘‘(iii) for fiscal year 1996 only, $30,000,000.

20 ‘‘(B) The amount of any reduction under subpara21 graph (A) shall be apportioned among the several States

22 under subsection (d) by the Secretary of the Interior.’’.

23 (2) CONFORMING AMENDMENT.—Section

24 5604(c)(1) of the Clean Vessel Act of 1992 (33

25 U.S.C. 1322 note) is amended by striking ‘‘section
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1 4(b)(2) of the Act of August 9, 1950 (16 U.S.C.

2 777c(b)(2), as amended by this Act)’’ and inserting

3 ‘‘section 4(b)(1) of the Act of August 9, 1950 (16

4 U.S.C. 777c(b)(1))’’.

5 (3) EXCESS FY 1995 BOAT SAFETY ACCOUNT

6 FUNDS TRANSFER.—Notwithstanding any other pro7 vision of law, $20,000,000 of the annual appropria8 tion from the Sport Fish Restoration Account in fis9 cal year 1996 made in accordance with the provi10 sions of section 3 of the Act of August 9, 1950 (16

11 U.S.C. 777b), shall be excluded from the calculation

12 of amounts to be distributed under section 4(a) of

13 such Act (16 U.S.C. 777c(a)).

14 (b) EXPENDITURE OF AMOUNTS FOR STATE REC15 REATIONAL BOATING SAFETY PROGRAMS.—Section

16 13106 of title 46, United States Code, is amended—

17 (1) in subsection (a)(1) by striking the first

18 sentence and inserting the following: ‘‘Subject to

19 paragraph (2), the Secretary shall expend under

20 contracts with States under this chapter in each fis21 cal year for State recreational boating safety pro22 grams an amount equal to the sum of the amount

23 appropriated from the Boat Safety Account for that

24 fiscal year plus the amount transferred to the Sec25 retary under section 4(b)(1) of the Act of August 9,
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1 1950 (16 U.S.C. 777c(b)(1)) for that fiscal year.’’;

2 and

3 (2) by amending subsection (c) to read as fol4 lows:

5 ‘‘(c) For expenditure under this chapter for State rec6 reational boating safety programs there are authorized to

7 be appropriated to the Secretary of Transportation from

8 the Boat Safety Account established under section

9 9503(c)(4) of the Internal Revenue Code of 1986 (26

10 U.S.C. 9503(c)(4)) not more than $35,000,000 each fiscal

11 year.’’.

12 SEC. 1403. BOATING ACCESS.

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

14 findings:

15 (1) Nontrailerable recreational motorboats con16 tribute 15 percent of the gasoline taxes deposited in

17 the Aquatic Resources Trust Fund while constitut18 ing less than 5 percent of the recreational vessels in

19 the United States.

20 (2) The majority of recreational vessel access

21 facilities constructed with Aquatic Resources Trust

22 Fund moneys benefit trailerable recreational vessels.

23 (3) More Aquatic Resources Trust Fund mon24 eys should be spent on recreational vessel access fa-
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1 cilities that benefit recreational vessels that are

2 nontrailerable vessels.

3 (b) PURPOSE.—The purpose of this section is to pro4 vide funds to States for the development of public facilities

5 for transient nontrailerable vessels.

6 (c) SURVEY.—Within 18 months after the date of the

7 enactment of this Act, any State may complete and submit

8 to the Secretary of the Interior a survey which identifies—

9 (1) the number and location in the State of all

10 public facilities for transient nontrailerable vessels;

11 and

12 (2) the number and areas of operation in the

13 State of all nontrailerable vessels that operate on

14 navigable waters in the State.

15 (d) PLAN.—Within 6 months after submitting a sur16 vey to the Secretary of the Interior in accordance with

17 subsection (c), a State may develop and submit to the Sec18 retary of the Interior a plan for the construction and ren19 ovation of public facilities for transient nontrailerable ves20 sels to meet the needs of nontrailerable vessels operating

21 on navigable waters in the State.

22 (e) GRANT PROGRAM.—

23 (1) MATCHING GRANTS.—The Secretary of the

Interior may obligate not less than 1 24 ⁄2 of the amount

25 made available for each of fiscal years 1998 and
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1 1999 under section 4(b)(1)(C) of the Act of August

2 9, 1950, as amended by section 1402(a)(1) of this

3 title, to make grants to any State to pay not more

4 than 75 percent of the cost of constructing or ren5 ovating public facilities for transient nontrailerable

6 vessels.

7 (2) PRIORITIES.—

8 (A) IN GENERAL.—In awarding grants

9 under this subsection, the Secretary of the Inte10 rior shall give priority to projects that consist

11 of the construction or renovation of public fa12 cilities for transient nontrailerable vessels in ac13 cordance with a plan submitted by a State sub14 mitted under subsection (b).

15 (B) WITHIN STATE.—In awarding grants

16 under this subsection for projects in a particu17 lar State, the Secretary of the Interior shall

18 give priority to projects that are likely to serve

19 the greatest number of nontrailerable vessels.

20 SEC. 1404. DEFINITIONS.

21 For the purpose of this title the term—

22 (1) ‘‘Act of August 9, 1950’’ means the Act en23 titled ‘‘An Act to provide that the United States

24 shall aid the States in fish restoration and manage-
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1 ment projects, and for other purposes’’, approved

2 August 9, 1950 (16 U.S.C. 777a et seq.);

3 (2) ‘‘nontrailerable vessel’’ means a recreational

4 vessel greater than 26 feet in length;

5 (3) ‘‘public facilities for transient nontrailerable

6 vessels’’ means mooring buoys, day-docks, seasonal

7 slips or similar structures located on navigable wa8 ters, that are available to the general public and de9 signed for temporary use by nontrailerable vessels;

10 (4) ‘‘recreational vessel’’ means a vessel—

11 (A) operated primarily for pleasure; or

12 (B) leased, rented, or chartered to another

13 for the latter’s pleasure; and

14 (5) ‘‘State’’ means each of the several States of

15 the United States, the District of Columbia, the

16 Commonwealth of Puerto Rico, Guam, American

17 Samoa, the United States Virgin Islands, and the

18 Commonwealth of the Northern Mariana Islands.

19 TITLE XV—TOWING VESSEL

20 NAVIGATIONAL SAFETY

21 SEC. 1501. SHORT TITLE.

22 This title may be cited as the ‘‘Towing Vessel Naviga23 tional Safety Act of 1994’’.
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1 SEC. 1502. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT

2 FOR TOWING VESSELS.

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

4 States Code, is amended by adding at the end the follow5 ing:

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

7 the Secretary shall—

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

9 operation, and nature of the service of towing ves10 sels;

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

12 Committee; and

13 ‘‘(C) require, to the extent appropriate, the in14 stallation, maintenance, and use of and familiarity

15 with the following equipment on each towing vessel,

16 other than a towing vessel that is used only for tow17 ing disabled vessels:

18 ‘‘(i) A radar system.

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

20 ‘‘(iii) A sonic depth finder.

21 ‘‘(iv) A compass or swing meter.

22 ‘‘(v) Adequate towing wire and associated

23 equipment.

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

25 publications for the areas normally transited by

26 the vessel.
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1 ‘‘(vii) Other safety equipment the Sec2 retary determines to be necessary.

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

4 under this chapter requirements that—

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

6 under paragraph (1) shall be maintained in effective

7 operating condition; and

8 ‘‘(B) if such equipment on a vessel ceases to op9 erate, the master of the vessel shall exercise due dili10 gence to restore the equipment to effective operating

11 condition, or cause it to be restored to that condi12 tion, at the earliest practicable date.’’.

13 (b) REGULATIONS.—The Secretary of Transportation

14 shall issue regulations by not later than 12 months after

15 the date of the enactment of this Act, prescribing naviga16 tional publication and equipment requirements under sub17 section (f) of section 4102 of title 46, United States Code,

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

19 SEC. 1503. REPORTING MARINE CASUALTIES.

20 (a) EXPEDITED REPORTING REQUIRED.—Section

21 6101(b) of title 46, United States Code, is amended by

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

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

24 (b) PENALTY FOR FAILURE TO REPORT A CAS25 UALTY.—Section 6103(a) of title 46, United States Code
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1 is amended by striking ‘‘$1,000’’ and inserting ‘‘not more

2 than $25,000’’.

3 SEC. 1504. REPORT ON FEASIBILITY OF ESTABLISHING A

4 DIFFERENTIAL GLOBAL POSITIONING SAT5 ELLITE NAVIGATION SYSTEM AND ELEC6 TRONIC CHARTS FOR INLAND WATERWAYS.

7 Not later than 6 months after the date of the enact8 ment of this Act, the Secretary of Transportation shall

9 submit a report to the Congress on the feasibility of estab10 lishing a differential global positioning satellite navigation

11 system and creating electronic charts for the inland water12 ways of the United States.

13 SEC. 1505. MANNING AND LICENSING REQUIREMENTS FOR

14 TOWING VESSELS.

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

16 46, United States Code, is amended by adding at the end

17 the following:

18 ‘‘(c) A towing vessel that is at least 26 feet in length,

19 other than a vessel referred to in subsection (b), shall—

20 ‘‘(1) while being operated, have on board an in21 dividual licensed by the Secretary as a master of

22 that type of towing vessel; and

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

24 the Secretary to operate that type of towing vessel.’’.
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1 (b) REGULATIONS ESTABLISHING LICENSES FOR

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

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

4 following:

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

6 which establish licenses for masters and mates of towing

7 vessels.

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

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

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

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

12 equipment required pursuant to section

13 4102(f)(1)(C) of this title; and

14 ‘‘(B) demonstrates proficiency in operating a

15 towing vessel.

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

17 standards and procedures under which the Secretary may

18 delegate, to individuals who have experience in the oper19 ation of towing vessels and to other qualified persons, the

20 authority to conduct examinations required for the issu21 ance of a license as a master or mate of a towing vessel.’’.

22 (c) EXISTING UNINSPECTED TOWING VESSEL OPER23 ATOR LICENSE HOLDERS.—An uninspected towing vessel

24 operator license that is valid on the effective date of this

25 section shall be valid as a master or mate license required
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1 by section 8904 of title 46, United States Code, as amend2 ed by this section, until otherwise required to be renewed.

3 The Secretary shall require that an individual applying for

4 a first renewal of such a license as a master or mate li5 cense under that section demonstrate proficiency under

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

7 States Code, as added by this section.

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

9 this section, other than the amendments made by sub10 section (e), shall take effect 2 years after the date of the

11 enactment of this Act.

12 (e) DEADLINE FOR REGULATIONS.—The Secretary

13 of the department in which the Coast Guard is operating

14 shall issue regulations under the amendments made by

15 this section by not later than 1 year after the date of the

16 enactment of this Act.

17 SEC. 1506. CIVIL PENALTIES.

18 (a) PROHIBITED OPERATION OF UNINSPECTED TOW19 ING VESSEL, GENERALLY.—Section 4106 of title 46,

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

21 inserting ‘‘$25,000’’.

22 (b) OPERATION OF UNINSPECTED TOWING VESSEL

23 IN VIOLATION OF MANNING REQUIREMENTS.—Section

24 8906 of title 46, United States Code, is amended by strik25 ing ‘‘$1,000’’ and inserting ‘‘not more than $25,000’’.
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1 SEC. 1507. 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 paragraphs (2) and (3), a per17 son’’; and

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

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

20 exempt from paragraph (1)—

21 ‘‘(A) engagement or employment of an individ22 ual in any position, on a passenger vessel, that is

23 not listed in the Certificate of Inspection for the ves24 sel;

25 ‘‘(B) engagement or employment of an individ26 ual in any position, on a vessel of a type to which
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1 this section did not apply on the day before the date

2 of enactment of the Towing Vessel Navigational

3 Safety Act of 1994, for which the individual is re4 quired to hold a license issued by the Secretary

5 under this title; and

6 ‘‘(C) service by an individual in a position de7 scribed in subparagraph (A) or (B).

8 ‘‘(3) The Secretary shall prescribe regulations

9 which provide that no more than 30 percent of the

10 individuals serving on board a vessel operating on

11 the rivers of Alaska shall be required to hold a mer12 chant mariner’s document or license issued by the

13 Secretary under this title.’’.

14 (c) PRIVACY OF INFORMATION.—The Secretary of

15 Transportation may not make available to a member of

16 the public any personal information concerning an individ17 ual required to obtain a merchant mariner’s document

18 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 XVI—PROMOTION OF CON2 STRUCTION AND DEVELOP3 MENT OF UNITED STATES

4 OFFSHORE SUPPLY VESSELS

5 SEC. 1601. SHORT TITLE.

6 This title may be cited as the ‘‘Offshore Supply Ves7 sel Construction and Development Act of 1994’’.

8 SEC. 1602. DEFINITION OF OFFSHORE SUPPLY VESSEL.

9 Section 2101(19) of title 46, United States Code, is

10 amended to read as follows:

11 ‘‘(19) ‘offshore supply vessel’ means a motor

12 vessel that regularly transports goods, supplies, indi13 viduals in addition to the crew, or equipment in sup14 port of exploration, exploitation, or production of

15 offshore mineral or energy resources that—

16 ‘‘(A) is more than 15 regulatory gross tons

17 but less than 500 regulatory gross tons; or

18 ‘‘(B) is more than 15 international gross

19 tons, and not more than a maximum number of

20 international gross tons prescribed by regula21 tion of the Secretary.’’.

22 SEC. 1603. APPLICATION TO VESSELS.

23 (a) Section 3702(b) of title 46, United States Code,

24 is amended to read as follows:
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1 ‘‘(b)(1) The following vessels are deemed not to be

2 a tank vessel for purposes of this chapter or any other

3 law:

4 ‘‘(A) An offshore supply vessel.

5 ‘‘(B) A fishing or fish tender vessel of not more

6 than 750 regulatory gross tons, when engaged in the

7 fishing industry.

8 ‘‘(2) This subsection does not affect the authority of

9 the Secretary under chapter 33 of this title to regulate

10 the operation of vessels listed in paragraph (1) of this sub11 section to ensure the safe carriage of oil and hazardous

12 substances.’’.

13 (b) Section 3306(a) of title 46, United States Code,

14 is amended after ‘‘safety’’ by inserting ‘‘of the marine en15 vironment and’’.

16 (c) Section 5209 of Public Law 102–587 is repealed.

17 (d) Section 321 of Public Law 103–206 is repealed.

18 SEC. 1604. AUTHORITY TO PRESCRIBE REGULATIONS FOR

19 MANNING AND LICENSING.

20 (a) Section 7310 of title 46, United States Code, is

21 amended to read as follows:

22 ‘‘§ 7310. Able seamen—offshore supply vessels

23 ‘‘For service on an offshore supply vessel, an individ24 ual may be rated as able seaman—offshore supply vessels

25 if the individual has the following service on deck on board
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1 vessels operating on the oceans or the navigable waters

2 of the United States (including the Great Lakes):

3 ‘‘(1) At least 6 months service on a vessel of

4 less than 500 regulatory gross tons or 1600 inter5 national gross tons.

6 ‘‘(2) An amount and type of service prescribed

7 by the Secretary on a vessel of at least 1600 inter8 national gross tons.’’.

9 (b) Section 7312(d) of title 46, United States Code,

10 is amended by striking ‘‘a vessel of less than 500 gross

11 tons’’ through ‘‘energy resources’’ and inserting ‘‘an off12 shore supply vessel’’.

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

14 is amended—

15 (1) after ‘‘offshore supply vessel’’ by inserting

16 ‘‘of less than 500 regulatory gross tons or 1600

17 international gross tons’’; and

18 (2) by adding at the end of the subsection:

19 ‘‘The Secretary may prescribe requirements for the

20 minimum number of watches on an offshore supply

21 vessel of at least 1600 international gross tons.’’.

22 (d) Section 8301(b) of title 46, United States Code,

23 is amended—
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1 (1) after ‘‘offshore supply vessel’’ by inserting

2 ‘‘of less than 500 regulatory gross tons or 1600

3 international gross tons,’’;

4 (2) after ‘‘200’’ by inserting ‘‘regulatory’’; and

5 (3) by adding at the end of the subsection,

6 ‘‘The Secretary may prescribe requirements for the

7 minimum number of licensed individuals on an off8 shore supply vessel of at least 1600 international

9 gross tons.’’.

10 SEC. 1605. CITIZENSHIP REQUIREMENT.

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

12 Code, is amended to read as follows:

13 ‘‘(A) an offshore supply vessel, or a similarly

14 engaged vessel of less than 1600 regulatory gross

15 tons or not more than a maximum number of inter16 national gross tons prescribed by regulation of the

17 Secretary, that operates from a foreign port;’’.

18 SEC. 1606. RESPONSE PLANNING REQUIREMENT.

19 (a) Chapter 31 of title 46, United States Code, is

20 amended by adding at the end the following section:

21 ‘‘§ 3103. Vessel response plans for offshore supply

22 vessels

23 ‘‘(a) The Secretary shall prescribe regulations for ves24 sel pollution response plans for domestic operations of an

25 offshore supply vessel if—
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1 ‘‘(1) the vessel is more than 400 international

2 gross tons; and

3 ‘‘(2) the keel of the vessel is laid after July 18,

4 1994 or the vessel undergoes a change substantially

5 affecting its tonnage after that date.

6 ‘‘(b) In prescribing regulations under this section, the

7 Secretary shall consider the unique characteristics, meth8 ods of operation, and nature of the service of the vessels

9 and risk to the environment.’’.

10 (b) The table of sections for chapter 31 of title 46,

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

12 following:

‘‘3103. Vessel response plans for offshore supply vessels.’’.

13 SEC. 1607. TONNAGE MEASUREMENT DEFINITIONS.

14 Section 14101 of title 46, United States Code, is

15 amended—

16 (1) by inserting ‘‘(a)’’ before ‘‘In this part’’;

17 and

18 (2) by adding at the end the following new sub19 section:

20 ‘‘(b) When used in a law, regulation, document, rul21 ing, or other official act referring to the tonnage measure22 ment of a vessel—

23 ‘‘(1) ‘international gross tons’ means gross tons

24 as measured under chapter 143 of this title; and
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1 ‘‘(2) ‘regulatory gross tons’ means gross tons as

2 measured under chapter 145 of this title.’’.

3 TITLE XVII—LIGHTHOUSE AND

4 OTHER PROPERTY CONVEY5 ANCES

6 SEC. 1701. CONVEYANCE OF COAST GUARD PROPERTY IN

7 TRAVERSE CITY, MICHIGAN.

8 (a) REQUIREMENT.—The Secretary of Transpor9 tation (or any other official having control over the prop10 erty described in subsection (b)) shall expeditiously convey

11 to the Traverse City Area Public School District in Tra12 verse City, Michigan, without consideration, all right, title,

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

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

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

16 (b) PROPERTY DESCRIBED.—The property referred

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

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

consisting of that part of the southeast 1 19 ⁄4 of Section 12,

20 Township 27 North, Range 11 West, described as: Commencing at the southeast 1 21 ⁄4 corner of said Section 12,

22 thence north 03 degrees 05 minutes 25 seconds east along

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

24 86 degrees 36 minutes 50 seconds west 207.66 feet,

25 thence north 03 degrees 06 minutes 00 seconds east
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1 572.83 feet to the point of beginning, thence north 86 de2 grees 54 minutes 00 seconds west 1,751.04 feet, thence

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

4 thence north 24 degrees 04 minutes 40 seconds east

5 439.86 feet, thence south 86 degrees 56 minutes 15 sec6 onds east 116.62 feet, thence north 03 degrees 08 minutes

7 45 seconds east 200.00 feet, thence south 87 degrees 08

8 minutes 20 seconds east 68.52 feet, to the southerly right9 of-way of the C & O Railroad, thence south 65 degrees

10 54 minutes 20 seconds east along said right-of-way

11 1508.75 feet, thence south 03 degrees 06 minutes 00 sec12 onds west 400.61 to the point of beginning, consisting of

13 27.10 acres of land, and all improvements located on that

14 property including buildings, structures, and equipment.

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

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

17 any conveyance of property described in subsection (b)

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

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

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

22 District.
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1 SEC. 1702. TRANSFER OF COAST GUARD PROPERTY IN

2 KETCHIKAN, ALASKA.

3 (a) CONVEYANCE REQUIREMENT.—The Secretary of

4 Transportation, in cooperation with the Administrator of

5 General Services, shall convey to the Ketchikan Indian

6 Corporation in Ketchikan, Alaska, without reimbursement

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

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

9 States in and to the property known as the ‘‘Former Ma10 rine Safety Detachment’’ as identified in Report of Excess

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

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

13 Indian Corporation as a health or social services facility.

14 (b) PROPERTY DESCRIBED.—The property referred

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

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

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

18 and commencing at corner numbered 10, United States

19 Survey numbered 1079, the true point of beginning for

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

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

22 feet to corner numbered 1 of lot 5B; thence south 65 de23 grees 56 minutes east a distance of 345.18 feet to corner

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

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

26 lot 5B; thence north 64 degrees 01 minute west a distance
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1 of 346.47 feet to corner numbered 10 of said survey, to

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

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

4 including buildings, structures, and equipment.

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

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

7 any conveyance of property described in subsection (b)

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

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

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

12 Corporation as a health or social services facility.

13 SEC. 1703. CONVEYANCE OF LIGHT STATION MONTAUK

14 POINT, NEW YORK.

15 (a) CONVEYANCE REQUIREMENT.—

16 (1) REQUIREMENT.—The Secretary of Trans17 portation shall convey to the Montauk Historical As18 sociation in Montauk, New York, by an appropriate

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

20 the United States in and to property comprising

21 Light Station Montauk Point, located at Montauk,

22 New York.

23 (2) DETERMINATION OF PROPERTY.—The Sec24 retary may identify, describe, and determine the

25 property to be conveyed pursuant to this section.
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1 (b) TERMS OF CONVEYANCE.—

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

3 pursuant to this section shall be made—

4 (A) without the payment of consideration;

5 and

6 (B) subject to the conditions required by

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

8 and conditions as the Secretary may consider

9 appropriate.

10 (2) REVERSIONARY INTEREST.—In addition to

11 any term or condition established pursuant to para12 graph (1), any conveyance of property comprising

13 the Montauk Light Station pursuant to subsection

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

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

16 shall immediately revert to the United States if the

17 property, or any part thereof—

18 (A) ceases to be maintained as a nonprofit

19 center for public benefit for the interpretation

20 and preservation of the material culture of the

21 United States Coast Guard, the maritime his22 tory of Montauk, New York, and Native Amer23 ican and colonial history;
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1 (B) ceases to be maintained in a manner

2 that ensures its present or future use as a

3 Coast Guard aid to navigation; or

4 (C) ceases to be maintained in a manner

5 consistent with the provisions of the National

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

7 seq.).

8 (3) MAINTENANCE OF NAVIGATION AND FUNC9 TIONS.—Any conveyance of property pursuant to

10 this section shall be subject to such conditions as the

11 Secretary considers to be necessary to assure that—

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

13 associated lighthouse equipment located on the

14 property conveyed, which are active aids to

15 navigation, shall continue to be operated and

16 maintained by the United States for as long as

17 they are needed for this purpose;

18 (B) the Montauk Historical Association

19 may not interfere or allow interference in any

20 manner with such aids to navigation without

21 express written permission from the United

22 States;

23 (C) there is reserved to the United States

24 the right to replace, or add any aids to naviga25 tion, or make any changes to the Montauk
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1 Lighthouse as may be necessary for navigation

2 purposes;

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

4 at any time, to enter the property conveyed

5 without notice for the purpose of maintaining

6 navigation aids;

7 (E) the United States shall have an ease8 ment of access to such property for the purpose

9 of maintaining the navigational aids in use on

10 the property; and

11 (F) the Montauk Light Station shall revert

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

13 period beginning on any date on which the Sec14 retary of Transportation provides written notice

15 to the Montauk Historical Association that the

16 Montauk Light Station is needed for national

17 security purposes.

18 (4) MAINTENANCE OF LIGHT STATION.—Any

19 conveyance of property under this section shall be

20 subject to the condition that the Montauk Historical

21 Association shall maintain the Montauk Light Sta22 tion in accordance with the provisions of the Na23 tional Historic Preservation Act (16 U.S.C. 470 et

24 seq.) and other applicable laws.
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1 (5) LIMITATION ON OBLIGATIONS OF MONTAUK

2 HISTORICAL ASSOCIATION.—The Montauk Historical

3 Association shall not have any obligation to maintain

4 any active aid to navigation equipment on property

5 conveyed pursuant to this section.

6 (c) FOR PURPOSES OF THIS SECTION.—

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

8 the Coast Guard light station known as Light Sta9 tion Montauk Point, located at Montauk, New York,

10 including the keeper’s dwellings, adjacent Coast

11 Guard rights of way, the World War II submarine

12 spotting tower, the lighthouse tower, and the paint

13 locker; and

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

15 Coast Guard lighthouse located at the Montauk

16 Light Station.

17 SEC. 1704. CONVEYANCE OF CAPE ANN LIGHTHOUSE.

18 (a) AUTHORITY TO CONVEY.—

19 (1) IN GENERAL.—The Secretary of Transpor20 tation shall convey to the town of Rockport, Massa21 chusetts, by an appropriate means of conveyance, all

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

23 to the property comprising the Cape Ann Light24 house, located on Thachers Island, Massachusetts.
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1 (2) IDENTIFICATION OF PROPERTY.—The Sec2 retary may identify, describe, and determine the

3 property to be conveyed pursuant to this subsection.

4 (b) TERMS OF CONVEYANCE.—

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

6 pursuant to this section shall be made—

7 (A) without payment of consideration; and

8 (B) subject to the conditions required by

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

10 conditions the Secretary may consider appro11 priate.

12 (2) REVERSIONARY INTEREST.—In addition to

13 any term or condition established pursuant to para14 graph (1), the conveyance of property pursuant to

15 this section shall be subject to the condition that all

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

17 shall immediately revert to the United States if the

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

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

20 for the interpretation and preservation of mari21 time history;

22 (B) ceases to be maintained in a manner

23 that ensures its present or future use as a

24 Coast Guard aid to navigation; or
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1 (C) ceases to be maintained in a manner

2 consistent with the provisions of the National

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

4 470 et seq.).

5 (3) MAINTENANCE AND NAVIGATION FUNC6 TIONS.—The conveyance of property pursuant to

7 this section shall be made subject to the conditions

8 that the Secretary considers to be necessary to as9 sure that—

10 (A) the lights, antennas, and associated

11 equipment located on the property conveyed,

12 which are active aids to navigation, shall con13 tinue to be operated and maintained by the

14 United States;

15 (B) the town of Rockport may not inter16 fere or allow interference in any manner with

17 aids to navigation without express written per18 mission from the Secretary of Transportation;

19 (C) there is reserved to the United States

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

21 navigation or make any changes to the Cape

22 Ann Lighthouse as may be necessary for navi23 gational purposes;

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

25 at any time, to enter the property without no-
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1 tice for the purpose of maintaining aids to navi2 gation; and

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

5 of maintaining the aids to navigation in use on

6 the property.

7 (4) OBLIGATION LIMITATION.—The town of

8 Rockport is not required to maintain any active aid

9 to navigation equipment on property conveyed pur10 suant to this section.

11 (5) PROPERTY TO BE MAINTAINED IN ACCORD12 ANCE WITH CERTAIN LAWS.—The town of Rockport

13 shall maintain the Cape Ann Lighthouse in accord14 ance with the National Historic Preservation Act of

15 1966 (16 U.S.C. 470 et seq.), and other applicable

16 laws.

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

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

19 property located on Thachers Island, Massachusetts, ex20 cept any historical artifact, including any lens or lantern,

21 located on the property at or before the time of the convey22 ance.
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1 SEC. 1705. TRANSFER OF OCRACOKE LIGHT STATION TO

2 SECRETARY OF THE INTERIOR.

3 The Secretary of Transportation shall transfer ad4 ministrative jurisdiction over the Federal property, con5 sisting of approximately 2 acres, known as the Ocracoke

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

7 such reservations, terms, and conditions as may be nec8 essary for Coast Guard purposes. All property so trans9 ferred shall be included in and administered as part of

10 the Cape Hatteras National Seashore.

11 SEC. 1706. SQUIRREL POINT LIGHTHOUSE.

12 (a) CONVEYANCE AUTHORIZATION.—

13 (1) AUTHORIZATION.—The Secretary of Trans14 portation may convey to Squirrel Point Associates,

15 Inc., by an appropriate means of conveyance, all

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

17 to property comprising Squirrel Point Lighthouse,

18 located in the town of Arrowsic, Maine.

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.—A conveyance of property

24 pursuant to this section shall be made—

25 (A) without payment of consideration; and
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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 Squirrel Point Lighthouse pursuant to sub9 section (a) shall be subject to the condition that all

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

11 conveyed shall immediately revert to the United

12 States if the 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 and the maritime

17 history of Maine;

18 (B) ceases to be maintained in a manner

19 that ensures its present or future use as a

20 Coast Guard aid to navigation; or

21 (C) ceases to be maintained in a manner

22 consistent with the provisions of the National

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

24 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 Squirrel Point Associates, Inc.,

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 Squirrel Point

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; and
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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.

5 (4) MAINTENANCE OF LIGHTHOUSE.—Any con6 veyance of property under this section shall be sub7 ject to the condition that the Squirrel Point Associ8 ates shall maintain the Eastern Point Lighthouse in

9 accordance with the provisions of the National His10 toric Preservation Act (16 U.S.C. 470 et seq.) and

11 other applicable laws.

12 (5) OBLIGATION LIMITATION.—The Squirrel

13 Point Associates, Inc., shall not have any obligation

14 to maintain any active aid to navigation equipment

15 on the property conveyed pursuant to this section.

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

17 term ‘‘Squirrel Point Lighthouse’’ means the Coast Guard

18 property located in the town of Arrowsic, County of

19 Sagadahoc, Maine, including the light tower, dwelling,

20 boathouse, oil house, barn, any other ancillary buildings,

21 and such land as may be necessary to enable Squirrel

22 Point Associates, Inc., to operate a nonprofit center for

23 public benefit, except any historical artifact, including any

24 lens or lantern, located on the property at or before the

25 time of the conveyance.
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1 SEC. 1707. CONVEYANCE OF CERTAIN LIGHTHOUSES LO2 CATED IN MAINE.

3 (a) AUTHORITY TO CONVEY.—

4 (1) IN GENERAL.—Subject to paragraphs (3)

5 and (4), the Secretary of Transportation may con6 vey, without consideration, to the Island Institute,

7 Rockland, Maine (in this section referred to as the

8 ‘‘Institute’’), all right, title, and interest of the Unit9 ed States in and to any of the facilities and real

10 property and improvements described in paragraph

11 (2).

12 (2) COVERED FACILITIES.—Paragraph (1) ap13 plies to lighthouses, together with any real property

14 and other improvements associated therewith, lo15 cated in the State of Maine as follows:

16 (A) Whitehead Island Light.

17 (B) Deer Island Thorofare (Mark Island)

18 Light.

19 (C) Burnt Island Light.

20 (D) Rockland Harbor Breakwater Light.

21 (E) Monhegan Island Light.

22 (F) Eagle Island Light.

23 (G) Curtis Island Light.

24 (H) Moose Peak Light.

25 (I) Great Duck Island Light.

26 (J) Goose Rocks Light.
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1 (K) Isle au Haut Light.

2 (L) Goat Island Light.

3 (M) Wood Island Light.

4 (N) Doubling Point Light.

5 (O) Doubling Point Front Range Light.

6 (P) Doubling Point Rear Range Light.

7 (Q) Little River Light.

8 (R) Spring Point Ledge Light.

9 (S) Ram Island Light (Boothbay).

10 (T) Seguin Island Light.

11 (U) Marshall Point Light.

12 (V) Fort Point Light.

13 (W) West Quoddy Head Light.

14 (X) Brown’s Head Light.

15 (Y) Cape Neddick Light.

16 (Z) Halfway Rock Light.

17 (AA) Ram Island Ledge Light.

18 (BB) Mount Desert Rock Light.

19 (CC) Whitlock’s Mill Light.

20 (3) LIMITATION ON CONVEYANCE.—The Sec21 retary shall retain all right, title, and interest of the

22 United States in and to any historical artifact, in23 cluding any lens or lantern, that is associated with

24 the lighthouses conveyed under this subsection,

25 whether located at the lighthouse or elsewhere. The
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1 Secretary shall identify any equipment, system, or

2 object covered by this paragraph.

3 (4) DEADLINE FOR CONVEYANCE.—The convey4 ances authorized by this subsection shall take place,

5 if at all, not later than 5 years after the date of the

6 enactment of this Act.

7 (5) ADDITIONAL CONVEYANCES TO UNITED

8 STATES FISH AND WILDLIFE SERVICE.—The Sec9 retary may transfer, in accordance with the terms

10 and conditions of subsection (b), the following light11 houses, together with any real property and improve12 ments associated therewith, directly to the United

13 States Fish and Wildlife Service:

14 (A) Two Bush Island Light.

15 (B) Egg Rock Light.

16 (C) Libby Island Light.

17 (D) Matinicus Rock Light.

18 (b) CONDITIONS OF CONVEYANCE.—The conveyance

19 of a lighthouse, and any real property and improvements

20 associated therewith, under subsection (a) shall be subject

21 to the following conditions:

22 (1) That the lighthouse and any such property

23 and improvements be used for educational, historic,

24 recreational, cultural, and wildlife conservation pro25 grams for the general public and for such other uses
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1 as the Secretary determines to be not inconsistent or

2 incompatible with such uses.

3 (2) That the lighthouse and any such property

4 and improvements be maintained at no cost to the

5 United States in a manner that ensures the use of

6 the lighthouse by the Coast Guard as an aid to navi7 gation.

8 (3) That the use of the lighthouse and any such

9 property and improvements by the Coast Guard as

10 an aid to navigation not be interfered with, except

11 with the written permission of the Secretary.

12 (4) That the lighthouse and any such property

13 and improvements be maintained in a manner con14 sistent with the provisions of the National Historic

15 Preservation Act (16 U.S.C. 470 et seq.).

16 (5) That public access to the lighthouse and

17 any such property and improvements be ensured.

18 (c) RESERVATIONS.—In the conveyance of a light19 house under subsection (a), the Secretary shall reserve to

20 the United States the following:

21 (1) The right to enter the lighthouse, and any

22 real property and improvements conveyed therewith,

23 at any time, without notice, for purposes of main24 taining any aid to navigation at the lighthouse, in25 cluding any light, antennae, sound signal, and asso-
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1 ciated equipment located at the lighthouse, and any

2 electronic navigation equipment or system located at

3 the lighthouse.

4 (2) The right to enter the lighthouse and any

5 such property and improvements at any time, with6 out notice, for purposes of relocating, replacing, or

7 improving any such aid to navigation, or to carry

8 out any other activity necessary in aid of navigation.

9 (3) An easement of ingress and egress onto the

10 real property conveyed for the purposes referred to

11 in paragraphs (1) and (2).

12 (4) An easement over such portion of such

13 property as the Secretary considers appropriate in

14 order to ensure the visibility of the lighthouse for

15 navigation purposes.

16 (5) The right to obtain and remove any histori17 cal artifact, including any lens or lantern that the

18 Secretary has identified pursuant to paragraph (3)

19 of subsection (a).

20 (d) MAINTENANCE OF AIDS TO NAVIGATION.—The

21 Secretary may not impose upon the Institute, or upon any

22 entity to which the Institute conveys a lighthouse under

23 subsection (g), an obligation to maintain any aid to navi24 gation at a lighthouse conveyed under this section.
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1 (e) REVERSIONARY INTEREST.—All right, title, and

2 interest in and to a lighthouse and any real property and

3 improvements associated therewith shall revert to the

4 United States and the United States shall have the right

5 of immediate entry thereon if—

6 (1) the Secretary determines at any time that

7 the lighthouse, and any property and improvements

8 associated therewith, conveyed to the Institute or to

9 the United States Fish and Wildlife Service under

10 subsection (a) or conveyed by the Institute under

11 subsection (g), as the case may be, is not being uti12 lized or maintained in accordance with subsection

13 (b); or

14 (2) the Secretary determines that—

15 (A) the Institute is unable to identify an

16 entity eligible for the conveyance of the light17 house under subsection (g) within the 3-year

18 period beginning on the date of the conveyance

19 of the lighthouse to the Institute under sub20 section (a); or

21 (B) in the event that the Institute identi22 fies an entity eligible for the conveyance within

23 that period—

24 (i) the entity is unable or unwilling to

25 accept the conveyance and the Institute is
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1 unable to identify another entity eligible

2 for the conveyance within that period; or

3 (ii) the Maine Lighthouse Selection

4 Committee established under subsection

5 (g)(3)(A) disapproves of the entity identi6 fied by the Institute and the Institute is

7 unable to identify another entity eligible

8 for the conveyance within that period.

9 (f) INSPECTION.—The State Historic Preservation

10 Officer of the State of Maine may inspect any lighthouse,

11 and any real property and improvements associated there12 with, that is conveyed under this subsection at any time,

13 without notice, for purposes of ensuring that the light14 house is being maintained in the manner required under

15 subsections (b)(4) and (b)(5). The Institute, and any sub16 sequent conveyee of the Institute under subsection (g),

17 shall cooperate with the official referred to in the preced18 ing sentence in the inspections of that official under this

19 subsection.

20 (g) SUBSEQUENT CONVEYANCE.—

21 (1) REQUIREMENT.—

22 (A) IN GENERAL.—Except as provided in

23 subparagraph (B), the Institute shall convey,

24 without consideration, all right, title, and inter25 est of the Institute in and to the lighthouses
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1 conveyed to the Institute under subsection (a),

2 together with any real property and improve3 ments associated therewith, to one or more enti4 ties identified under paragraph (2) and ap5 proved by the committee established under

6 paragraph (3) in accordance with the provisions

7 of such paragraph (3).

8 (B) EXCEPTION.—The Institute, with the

9 concurrence of the Maine Lighthouse Selection

10 Committee and in accordance with the terms

11 and conditions of subsection (b), may retain

12 right, title, and interest in and to the following

13 lighthouses conveyed to the Institute:

14 (i) Whitehead Island Light.

15 (ii) Deer Island Thorofare (Mark Is16 land) Light.

17 (2) IDENTIFICATION OF ELIGIBLE ENTITIES.—

18 (A) IN GENERAL.—Subject to subpara19 graph (B), the Institute shall identify entities

20 eligible for the conveyance of a lighthouse under

21 this subsection. Such entities shall include any

22 department or agency of the Federal Govern23 ment, any department or agency of the Govern24 ment of the State of Maine, any local govern25 ment in that State, or any nonprofit corpora-
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1 tion, educational agency, or community develop2 ment organization that—

3 (i) is financially able to maintain the

4 lighthouse (and any real property and im5 provements conveyed therewith) in accord6 ance with the conditions set forth in sub7 section (b);

8 (ii) has agreed to permit the inspec9 tions referred to in subsection (f); and

10 (iii) has agreed to comply with the

11 conditions set forth in subsection (b) and

12 to have such conditions recorded with the

13 deed of title to the lighthouse and any real

14 property and improvements that may be

15 conveyed therewith.

16 (B) ORDER OF PRIORITY.—In identifying

17 entities eligible for the conveyance of a light18 house under this paragraph, the Institute shall

19 give priority to entities in the following order,

20 which are also the exclusive entities eligible for

21 the conveyance of a lighthouse under this sec22 tion:

23 (i) Agencies of the Federal Govern24 ment.
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1 (ii) Entities of the Government of the

2 State of Maine.

3 (iii) Entities of local governments in

4 the State of Maine.

5 (iv) Nonprofit corporations, edu6 cational agencies, and community develop7 ment organizations.

8 (3) SELECTION OF CONVEYEES AMONG ELIGI9 BLE ENTITIES.—

10 (A) COMMITTEE.—

11 (i) IN GENERAL.—There is hereby es12 tablished a committee to be known as the

13 Maine Lighthouse Selection Committee (in

14 this paragraph referred to as the ‘‘Com15 mittee’’).

16 (ii) MEMBERSHIP.—The Committee

17 shall consist of five members appointed by

18 the Secretary as follows:

19 (I) One member, who shall serve

20 as the Chairman of the Committee,

21 shall be appointed from among indi22 viduals recommended by the Governor

23 of the State of Maine.

24 (II) One member shall be the

25 State Historic Preservation Officer of
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1 the State of Maine, with the consent

2 of that official, or a designee of that

3 official.

4 (III) One member shall be ap5 pointed from among individuals rec6 ommended by State and local organi7 zations in the State of Maine that are

8 concerned with lighthouse preserva9 tion or maritime heritage matters.

10 (IV) One member shall be ap11 pointed from among individuals rec12 ommended by officials of local govern13 ments of the municipalities in which

14 the lighthouses are located.

15 (V) One member shall be ap16 pointed from among individuals rec17 ommended by the Secretary of the In18 terior.

19 (iii) APPOINTMENT DEADLINE.—The

20 Secretary shall appoint the members of the

21 Committee not later than 180 days after

22 the date of the enactment of this Act.

23 (iv) MEMBERSHIP TERM.—

24 (I) Members of the Committee

25 shall serve for such terms not longer
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1 than 3 years as the Secretary shall

2 provide. The Secretary may stagger

3 the terms of initial members of the

4 Committee in order to ensure continu5 ous activity by the Committee.

6 (II) Any member of the Commit7 tee may serve after the expiration of

8 the term of the member until a suc9 cessor to the member is appointed. A

10 vacancy in the Committee shall be

11 filled in the same manner in which the

12 original appointment was made.

13 (v) VOTING.—The Committee shall

14 act by an affirmative vote of a majority of

15 the members of the Committee.

16 (B) RESPONSIBILITIES.—

17 (i) IN GENERAL.—The Committee

18 shall—

19 (I) review the entities identified

20 by the Institute under paragraph (2)

21 as entities eligible for the conveyance

22 of a lighthouse; and

23 (II) approve one such entity, or

24 disapprove all such entities, as entities

25 to which the Institute may make the
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1 conveyance of the lighthouse under

2 this subsection.

3 (ii) APPROVAL.—If the Committee ap4 proves an entity for the conveyance of a

5 lighthouse, the Committee shall notify the

6 Institute of such approval.

7 (iii) DISAPPROVAL.—If the Committee

8 disapproves of the entities, the Committee

9 shall notify the Institute and, subject to

10 subsection (e)(2)(B), the Institute shall

11 identify other entities eligible for the con12 veyance of the lighthouse under paragraph

13 (2). The Committee shall review and ap14 prove or disapprove of entities identified

15 pursuant to the preceding sentence in ac16 cordance with this subparagraph and the

17 criteria set forth in subsection (b).

18 (C) EXEMPTION FROM FACA.—The Fed19 eral Advisory Committee Act (5 U.S.C. App.)

20 shall not apply to the Committee, however, all

21 meetings of the Committee shall be open to the

22 public and preceded by appropriate public no23 tice.
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1 (D) TERMINATION.—The Committee shall

2 terminate 8 years from the date of the enact3 ment of this Act.

4 (4) CONVEYANCE.—Upon notification under

5 paragraph (3)(B)(ii) of the approval of an identified

6 entity for conveyance of a lighthouse under this sub7 section, the Institute shall, with the consent of the

8 entity, convey the lighthouse to the entity.

9 (5) RESPONSIBILITIES OF CONVEYEES.—Each

10 entity to which the Institute conveys a lighthouse

11 under this subsection, or any successor or assign of

12 such entity in perpetuity, shall—

13 (A) use and maintain the lighthouse in ac14 cordance with subsection (b) and have such

15 terms and conditions recorded with the deed of

16 title to the lighthouse and any real property

17 conveyed therewith; and

18 (B) permit the inspections referred to in

19 subsection (f).

20 (h) DESCRIPTION OF PROPERTY.—The exact acreage

21 and legal description of any lighthouse, and any real prop22 erty and improvements associated therewith, conveyed

23 under subsection (a) shall be determined by the Secretary.

24 (i) REPORT.—Not later than 1 year after the date

25 of the enactment of this Act, and annually thereafter for
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1 the next 7 years, the Secretary shall submit to Congress

2 a report on the conveyance of lighthouses under this sec3 tion. The report shall include a description of the imple4 mentation of the provisions of this section, and the re5 quirements arising under such provisions, in—

6 (1) providing for the use and maintenance of

7 the lighthouses conveyed under this section in ac8 cordance with subsection (b);

9 (2) providing for public access to such light10 houses; and

11 (3) achieving the conveyance of lighthouses to

12 appropriate entities under subsection (g).

13 (j) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary may require any additional terms and conditions

15 in connection with a conveyance under subsection (a) that

16 the Secretary considers appropriate in order to protect the

17 interests of the United States.

18 TITLE XVIII—BALLAST WATER

19 MANAGEMENT

20 SEC. 1801. SHORT TITLE.

21 This title may be cited as the ‘‘Ballast Water Man22 agement Act’’.
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1 SEC. 1802. EVALUATION.

2 (a) Subsection 1102(a) of Public Law 101–646 (16

3 U.S.C. 4712(a)) is amended by adding the following new

4 paragraph at the end:

5 ‘‘(4) NATIONAL BALLAST WATER MANAGEMENT

6 EVALUATION.—

7 ‘‘(A) Subject to the availability of appro8 priations, the Task Force shall contract with

9 the Marine Board of the National Research

10 Council to identify and evaluate ballast water

11 management technologies and practices that

12 prevent the introduction and spread of

13 nonindigenous species through ballast water

14 discharged into United States waters.

15 ‘‘(B) In conducting the evaluation, the Ma16 rine Board shall consider, at a minimum, bal17 last water management technologies and prac18 tices identified in the study prepared under

19 paragraph (3).

20 ‘‘(C) In conducting the evaluation, the Ma21 rine Board shall identify, at a minimum, ballast

22 water management technologies and practices

23 that—

24 ‘‘(i) may be retrofitted on existing

25 vessels or incorporated in new vessel de26 signs;
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1 ‘‘(ii) are operationally practical;

2 ‘‘(iii) are safe for vessel and crew;

3 ‘‘(iv) are environmentally sound;

4 ‘‘(v) are cost effective;

5 ‘‘(vi) the vessel operator can monitor;

6 and

7 ‘‘(vii) are effective against a broad

8 range of nuisance organisms.’’.

9 (b) Subsection 1102(c) of Public Law 101–646 (16

10 U.S.C. 4712(c)) is amended by adding the following new

11 paragraph at the end:

12 ‘‘(3) NATIONAL BALLAST WATER MANAGEMENT

13 EVALUATION REPORT.—Not later than 1 year after

14 the date of enactment of the Ballast Water Manage15 ment Act, the Task Force shall submit to the appro16 priate Committees a report on the results of the

17 evaluation conducted under paragraph (4) of sub18 section (a).’’.

19 SEC. 1803. NATIONAL BALLAST WATER MANAGEMENT DEM20 ONSTRATION PROGRAM.

21 (a) Section 1202 of Public Law 101–646 (16 U.S.C.

22 4722) is amended by—

23 (1) redesignating subsection (k) as subsection

24 (l); and

25 (2) inserting after subsection (j) the following:
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1 ‘‘(k) NATIONAL BALLAST WATER MANAGEMENT

2 DEMONSTRATION PROGRAM.—

3 ‘‘(1) AUTHORIZATION.—Following the submis4 sion of the evaluation authorized under section

5 1102(a)(4) and subject to the availability of appro6 priations under section 1301(e), the Secretary of

7 Transportation, in consultation with the Task Force,

8 shall conduct a national ballast water management

9 demonstration program to test and evaluate ballast

10 water management technologies and practices, in11 cluding those identified in the evaluation authorized

12 under paragraph 1102(a)(4), to prevent the intro13 duction and spread of nonindigenous species through

14 ballast water discharged into United States waters.

15 ‘‘(2) CRITERIA.—In carrying out the dem16 onstration program authorized under this sub17 section, the Secretary of Transportation shall use

18 vessels that are documented under chapter 121 of

19 title 46, United States Code, including vessels oper20 ating on the Great Lakes. Any necessary ballast

21 water management technology installation or con22 struction on a vessel used in the demonstration pro23 gram shall be performed by a United States ship24 yard or ship repair facility.
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1 ‘‘(3) AUTHORITIES.—In conducting the dem2 onstration program under this subsection, the Task

3 Force and the Secretary of Transportation may ac4 cept donations of property and services.’’.

5 (b) Subsection 1202(l), as redesignated by this Act,

6 is amended by adding the following new paragraph at the

7 end:

8 ‘‘(3) Not later than 1 year after the submission

9 of the evaluation authorized under section

10 1102(a)(4) and periodically as necessary to report

11 new findings, the Secretary of Transportation, in

12 consultation with the Task Force, shall submit to

13 the appropriate Committees a report on the results

14 of the demonstration program conducted under sub15 section (k).’’.

16 SEC. 1804. AUTHORIZATION OF APPROPRIATIONS.

17 Section 1301 of Public Law 101–646 (16 U.S.C.

18 4741) is amended by adding the following new subsection

19 at the end:

20 ‘‘(e) NATIONAL BALLAST WATER MANAGEMENT

21 EVALUATION AND DEMONSTRATION PROGRAM.—There

22 are authorized to be appropriated to the Director and the

23 Under Secretary $150,000 for fiscal year 1995 and to the

24 Secretary of Transportation $1,850,000 for fiscal year

25 1996, to remain available until expended, to carry out the
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1 evaluation authorized under section 1102(a)(4) and the

2 demonstration program authorized under section

3 1202(k).’’.

4 TITLE XIX—NATIONAL OCEANIC

5 AND ATMOSPHERIC ADMINIS6 TRATION AND GOVERNING

7 ACT OF 1994

8 SEC. 1901. SHORT TITLE.

9 This Title may be cited as the ‘‘National Oceanic and

10 Atmospheric Administration Authorization and Governing

11 Act of 1994’’.

12 SEC. 1902. DEFINITIONS.

13 For the purposes of this title, the term—

14 (1) ‘‘Act of 1890’’ means the Act entitled ‘‘An

15 Act to increase the efficiency of the Signal Corps of

16 the Army, and to transfer the Weather Bureau to

17 the Department of Agriculture’’, approved October

18 1, 1890 (26 Stat. 653);

19 (2) ‘‘Act of 1947’’ means the Act entitled ‘‘An

20 Act to define the functions and duties of the Coast

21 and Geodetic Survey, and for other purposes’’, ap22 proved August 6, 1947 (33 U.S.C. 883a et seq.);

23 and

24 (3) ‘‘Act of 1970’’ means the Act entitled ‘‘An

25 Act to clarify the status and benefits of commis-
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1 sioned officers of the National Oceanic and Atmos2 pheric Administration, and for other purposes’’, ap3 proved December 31, 1970 (33 U.S.C. 857–1 et

4 seq.).

5 SEC. 1903. NATIONAL OCEAN SERVICE.

6 (a) MAPPING AND CHARTING.—

7 (1) IN GENERAL.—There are authorized to be

8 appropriated to the Secretary of Commerce, to en9 able the National Oceanic and Atmospheric Adminis10 tration to carry out mapping and charting activities

11 under the Act of 1947 and any other law involving

12 those activities, $31,000,000 for fiscal year 1995

13 and $32,116,000 for fiscal year 1996. Of the sums

14 authorized under this paragraph, a total of

15 $1,950,000 is available until expended to deploy in

16 Galveston Bay and the Houston Ship Channel a

17 Physical Ocean Real Time System consisting, at a

18 minimum, of current, wind, tide, salinity, and water

19 level measuring devices and necessary computer

20 links.

21 (2) AUTOMATED NAUTICAL CHARTING.—In ad22 dition to amounts authorized under paragraph (1),

23 there are authorized to be appropriated to the Sec24 retary of Commerce, to enable the National Oceanic

25 and Atmospheric Administration to develop and im-
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1 plement an automated nautical charting system,

2 $1,250,000 for fiscal year 1995 and $1,295,000 for

3 fiscal year 1996.

4 (b) GEODESY.—There are authorized to be appro5 priated to the Secretary of Commerce, to enable the Na6 tional Oceanic and Atmospheric Administration to carry

7 out geodesy activities under the Act of 1947 and any other

8 law involving those activities, $20,762,000 for fiscal year

9 1995 and $21,509,000 for fiscal year 1996.

10 (c) OBSERVATION AND PREDICTION.—

11 (1) IN GENERAL.—There are authorized to be

12 appropriated to the Secretary of Commerce, to en13 able the National Oceanic and Atmospheric Adminis14 tration to carry out observation and prediction ac15 tivities under the Act of 1947 and any other law in16 volving those activities, $12,423,000 for fiscal year

17 1995 and $12,870,000 for fiscal year 1996.

18 (2) CIRCULATORY SURVEY PROGRAM.—In addi19 tion to amounts authorized under paragraph (1),

20 there are authorized to be appropriated to the Sec21 retary of Commerce, to enable the National Oceanic

22 and Atmospheric Administration to carry out the

23 Circulatory Survey Program, $700,000 for fiscal

24 year 1995 and $725,000 for fiscal year 1996.
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1 (3) OCEAN AND EARTH SCIENCES.—In addition

2 to amounts authorized under paragraph (1), there

3 are authorized to be appropriated to the Secretary

4 of Commerce, to enable the National Oceanic and

5 Atmospheric Administration to carry out ocean and

6 earth science activities, $4,442,000 for fiscal year

7 1995 and $4,602,000 for fiscal year 1996.

8 (4) OBSERVATION BUOYS.—In addition to

9 amounts authorized under paragraph (1), there are

10 authorized to be appropriated to the Secretary of

11 Commerce, to enable the National Oceanic and At12 mospheric Administration to operate and maintain

13 observation buoys in the Chesapeake Bay, $400,000

14 for fiscal year 1995 and $414,000 for fiscal year

15 1996.

16 (d) ESTUARINE AND COASTAL ASSESSMENT.—

17 (1) IN GENERAL.—There are authorized to be

18 appropriated to the Secretary of Commerce, to en19 able the National Oceanic and Atmospheric Adminis20 tration to support estuarine and coastal assessment

21 activities under the Act of 1947 and any other law

22 involving those activities, $2,753,000 for fiscal year

23 1995 and $2,852,000 for fiscal year 1996.

24 (2) OCEAN ASSESSMENT.—In addition to

25 amounts authorized under paragraph (1), there are
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1 authorized to be appropriated to the Secretary of

2 Commerce, to enable the National Oceanic and At3 mospheric Administration to carry out the National

4 Status and Trends Program, the Strategic Environ5 mental Assessment Program, and the Hazardous

6 Materials Response Program, $24,528,000 for fiscal

7 year 1995 and $25,411,000 for fiscal year 1996.

8 (3) DAMAGE ASSESSMENT PROGRAM.—In addi9 tion to amounts authorized under paragraph (1),

10 there are authorized to be appropriated to the Sec11 retary of Commerce, to enable the National Oceanic

12 and Atmospheric Administration to carry out the

13 Damage Assessment Program, $1,200,000 for fiscal

14 year 1995 and $1,243,000 for fiscal year 1996.

15 (4) COASTAL OCEAN PROGRAM.—In addition to

16 amounts authorized under paragraph (1), there are

17 authorized to be appropriated to the Secretary of

18 Commerce, to enable the National Oceanic and At19 mospheric Administration to carry out the Coastal

20 Ocean Program, $11,000,000 for fiscal year 1995

21 and $11,396,000 for fiscal year 1996. Of the

22 amounts authorized under this paragraph, a total of

23 $120,000 is available to study the use of oceano24 graphic data obtained from satellite imagery and
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1 other sources to determine and predict the presence

2 of endangered sea turtles in the Gulf of Mexico.

3 (e) OCEAN MANAGEMENT.—There are authorized to

4 be appropriated to the Secretary of Commerce, to enable

5 the National Oceanic and Atmospheric Administration to

6 carry out deep ocean mineral and ocean energy activities,

7 $500,000 for each of fiscal years 1995 and 1996.

8 SEC. 1904. OCEAN AND GREAT LAKES RESEARCH.

9 (a) MARINE PREDICTION RESEARCH.—

10 (1) IN GENERAL.—There are authorized to be

11 appropriated to the Secretary of Commerce, to en12 able the National Oceanic and Atmospheric Adminis13 tration to carry out marine prediction research ac14 tivities under the Act of 1947, the Act of 1890, and

15 any other law involving those activities, $9,572,000

16 for fiscal year 1995 and $9,917,000 for fiscal year

17 1996.

18 (2) GREAT LAKES ENVIRONMENTAL RESEARCH

19 LABORATORY.—

20 (A) IN GENERAL.—There are authorized to

21 be appropriated to the Secretary of Commerce,

22 for the operation and maintenance of the Great

23 Lakes Environmental Research Laboratory,

24 $4,558,000 for fiscal year 1995 and $4,722,000

25 for fiscal year 1996.
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1 (B) GREAT LAKES NEARSHORE RE2 SEARCH.—There are authorized to be appro3 priated to the Secretary of Commerce, to enable

4 the National Oceanic and Atmospheric Admin5 istration to carry out nearshore research activi6 ties of the Great Lakes Environmental Re7 search Laboratory, $200,000 for fiscal year

8 1995 and $207,000 for fiscal year 1996.

9 (C) ZEBRA MUSSEL RESEARCH.—In addi10 tion to amounts authorized under subparagraph

11 (A), there are authorized to be appropriated to

12 the Secretary of Commerce, to enable the Na13 tional Oceanic and Atmospheric Administration

14 to carry out zebra mussel research activities of

15 the Great Lakes Environmental Research Lab16 oratory under the Nonindigenous Aquatic Nui17 sance Prevention and Control Act of 1990 (16

18 U.S.C. 4701 et seq.), $911,000 for fiscal year

19 1995 and $1,125,000 for fiscal year 1996.

20 (3) SOUTHEAST FLORIDA AND CARIBBEAN RE21 CRUITMENT PROGRAM.—In addition to amounts au22 thorized under paragraph (1), there are authorized

23 to be appropriated to the Secretary of Commerce

24 $450,000 for fiscal year 1995 and $466,000 for fis25 cal year 1996 to enable the National Oceanic and
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1 Atmospheric Administration to carry out, through

2 the Cooperative Institute for Marine and Atmos3 pheric Studies, collaborative investigations to exam4 ine the physical and biological processes which—

5 (A) occur in tropical marine environments

6 in coastal waters of the United States, Florida,

7 and the Caribbean; and

8 (B) impact variability and development of

9 fisheries resources.

10 (b) CLIMATE AND GLOBAL CHANGE RESEARCH.—

11 (1) IN GENERAL.—There are authorized to be

12 appropriated to the Secretary of Commerce, to en13 able the National Oceanic and Atmospheric Adminis14 tration to carry out climate and global change re15 search activities, $71,000,000 for fiscal year 1995

16 and $73,556,000 for fiscal year 1996.

17 (2) ENVIRONMENTAL OBSERVATIONS.—In addi18 tion to amounts authorized to be appropriated under

19 paragraph (1), there are authorized to be appro20 priated to the Secretary of Commerce $7,000,000

21 for fiscal year 1995 and $12,000,000 for fiscal year

22 1996 for a program to increase scientific under23 standing of the earth by using a network of schools

24 to collect environmental observations. Beginning in

25 fiscal year 1996, amounts appropriated for such pro-
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1 gram may be obligated only to the extent that an

2 equal or greater amount of non-Federal funding is

3 provided for such program.

4 (3) IMPLEMENTATION OF LANDSAT AGREE5 MENT.—Section 103 of the Land and Remote Sens6 ing Policy Act of 1992 is amended by adding at the

7 end the following new subsection:

8 ‘‘(c) IMPLEMENTATION OF AGREEMENT.—If negotia9 tions under subsection (a) result in an agreement that the

10 Landsat Program Management determines generally

11 achieves the goals stated in subsection (a) (1) through (8),

12 the Landsat Program Management shall award an exten13 sion, until the practical demise of Landsat 4 or Landsat

14 5, whichever occurs later, of the existing contract with the

15 Landsat 6 contractor incorporating the terms of such

16 agreement.’’.

17 SEC. 1905. AUTHORIZATION OF APPROPRIATIONS FOR

18 FISHERIES PROGRAMS.

19 The National Oceanic and Atmospheric Administra20 tion Marine Fisheries Program Authorization Act (Public

21 Law 98–210; 97 Stat. 1409) is amended—

22 (1) in section 2(a) by—

23 (A) striking ‘‘1992 and’’ and inserting

24 ‘‘1992,’’ and
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1 (B) inserting after ‘‘1993’’ the following:

2 ‘‘, $49,618,000 for fiscal year 1995, and

3 $51,404,000 for fiscal year 1996’’;

4 (2) in section 3(a) by—

5 (A) striking ‘‘1992 and’’ and inserting

6 ‘‘1992,’’; and

7 (B) inserting after ‘‘1993’’ the following:

8 ‘‘, $28,348,000 for fiscal year 1995, and

9 $29,369,000 for fiscal year 1996’’; and

10 (3) in section 4(a) by—

11 (A) striking ‘‘1992 and’’ and inserting

12 ‘‘1992,’’; and

13 (B) inserting after ‘‘1993’’ the following:

14 ‘‘, $20,550,000 for fiscal year 1995, and

15 $21,290,000 for fiscal year 1996’’.

16 SEC. 1906. SCALLOP RESTORATION PROGRAM.

17 There are authorized to be appropriated to the Sec18 retary of Commerce $200,000 for each of fiscal years

19 1995 and 1996, for the establishment and maintenance

20 of a scallop restoration program for Long Island Sound.

21 SEC. 1907. SALTONSTALL-KENNEDY PROGRAM AMEND22 MENTS.

23 (a) IN GENERAL.—Section 2 of the Act of August

24 11, 1939 (15 U.S.C. 713c–3), popularly known as the

25 ‘‘Saltonstall-Kennedy Act’’, is amended—
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1 (1) by striking ‘‘SEC. 2.’’ the second place it

2 appears;

3 (2) in subsection (b)(1) by—

4 (A) striking subparagraph (B);

5 (B) striking ‘‘only for—’’ and all that fol6 lows through ‘‘the Secretary—’’ and inserting

7 ‘‘only for use by the Secretary—’’;

8 (C) redesignating clauses (i), (ii), and (iii)

9 in order as subparagraphs (A), (B), and (C);

10 and

11 (D) moving subparagraphs (A), (B), and

12 (C), as redesignated by subparagraph (C) of

13 this paragraph, 2 ems to the left so that the

14 left margin of those subparagraphs is aligned

15 with the left margin of section 2(a)(5) of that

16 Act (15 U.S.C. 713c–3(a)(5)); and

17 (3) by striking the designation and heading for

18 subsection (c) and all that follows through para19 graph (4) of that subsection, and inserting the fol20 lowing:

21 ‘‘(c) FISHERIES RESEARCH AND DEVELOPMENT

22 PROJECTS.—

23 ‘‘(1) IN GENERAL.—The Secretary shall make

24 grants from the fund established under subsection

25 (b) for the purpose of assisting persons in carrying
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1 out research and development projects to promote

2 the sustainable use and development of United

3 States fisheries, including harvesting, processing,

4 aquaculture, marketing, and associated infrastruc5 tures.

6 ‘‘(2) SECRETARY’S DUTIES.—The Secretary

7 shall each fiscal year—

8 ‘‘(A) receive at least once, during a 60-day

9 period specified by the Secretary, applications

10 for grants under this subsection pursuant to a

11 Request for Proposals published in the Federal

12 Register;

13 ‘‘(B) prescribe in that Request for Propos14 als the form and manner in which applications

15 for grants under this subsection must be made,

16 including the specification of the information

17 which must accompany applications to ensure

18 that the proposed projects comply with Federal

19 law and can be properly evaluated under para20 graph (3);

21 ‘‘(C) include in that Request for Proposals

22 a list of priorities for grants under this sub23 section that is based on the priorities rec24 ommended for the fiscal year under paragraph

25 (3)(F); and
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1 ‘‘(D) approve or disapprove each such ap2 plication—

3 ‘‘(i) based primarily on the rec4 ommendations of the grants review panel

5 established under paragraph (3) for the

6 fiscal year; and

7 ‘‘(ii) before the end of the 90-day pe8 riod beginning on the day after the last

9 day of the application period specified in

10 the Request for Proposals under subpara11 graph (A); and

12 ‘‘(E) to the extent amounts are available,

13 obligate funds for grants for approved applica14 tions before the end of the fiscal year for which

15 the funds are available, except that up to 15

16 percent of funds available for fiscal year may be

17 obligated in the next fiscal year.

18 ‘‘(3) EVALUATION AND APPROVAL OF PROPOS19 ALS.—

20 ‘‘(A) SUITABILITY FOR EVALUATION.—For

21 each application received under paragraph (2)

22 in a fiscal year, the Secretary shall—

23 ‘‘(i) make a determination whether

24 the project proposed in the application

25 meets the requirements of this subsection
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1 and is consistent with the priorities rec2 ommended for the fiscal year under sub3 paragraph (F); and

4 ‘‘(ii) if so, forward the proposal to the

5 grants review panel established for the fis6 cal year under subparagraph (B).

7 ‘‘(B) GRANTS REVIEW PANEL.—Each fis8 cal year, the Secretary shall establish a grants

9 review panel that consists of individuals with

10 expertise in fisheries research, development,

11 harvesting, processing, marketing, or manage12 ment, that represents a balance among those

13 disciplines, that is balanced in the representa14 tion of those disciplines, and that is balanced in

15 the representation of the geographic regions of

16 the United States. No more than one third of

17 the members of the panel may be employees of

18 the Federal Government. Each grants review

19 panel shall review each proposal forwarded by

20 the Secretary under subparagraph (A)(ii) and

21 make recommendations to the Secretary for

22 awarding grants under this subsection among

23 those proposals for the fiscal year, subject to

24 the criteria described in subparagraph (C) and

25 consistent with the funding available for the fis-
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1 cal year. The Federal Advisory Committee Act

2 (5 U.S.C. App. 1) shall not apply to any grants

3 review panel established under this subpara4 graph.

5 ‘‘(C) CRITERIA FOR EVALUATION OF PRO6 POSALS.—Each grants review panel shall evalu7 ate each proposal as to—

8 ‘‘(i) the value of the proposal in pro9 moting the purpose described in paragraph

10 (1) in general and in fulfilling the applica11 ble regional priorities recommended under

12 subparagraph (F);

13 ‘‘(ii) the soundness of its design (in14 cluding the likelihood of securing useful re15 sults, and the organization and manage16 ment of the proposal);

17 ‘‘(iii) the minimization of duplication

18 within fisheries research and development

19 activities; and

20 ‘‘(iv) based on the criteria in clauses

21 (i), (ii), and (iii), the overall quality and

22 rank of the proposal relative to the other

23 proposals under review.

24 ‘‘(D) INDUSTRIAL PARTNERS.—In evaluat25 ing and ranking proposals under this subsection
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1 that are of equivalent overall quality and rank

2 based on the criteria set forth in subparagraph

3 (C), a grants review panel and the Secretary

4 shall give preference to proposals in which at

5 least one of the persons that would be a prin6 cipal grantee under the proposal receives a sub7 stantial portion of income from seafood harvest8 ing, processing, marketing, or propagation.

9 ‘‘(E) NOTICE OF DECISION BY THE SEC10 RETARY.—If the Secretary approves or dis11 approves an application for a proposal contrary

12 to the recommendations of a grants review

13 panel, the Secretary shall notify the panel in

14 writing of that decision, including the reasons

15 for that decision.

16 ‘‘(F) RECOMMENDATIONS FOR FUTURE

17 FUNDING PRIORITIES.—Each grants review

18 panel shall, after evaluating proposals and mak19 ing grants recommendations, and after consult20 ing with interested parties, recommend to the

21 Secretary for the next fiscal year national and

22 regional priorities for grants under this sub23 section.

24 ‘‘(4) TERMS AND CONDITIONS.—Each grant

25 made under this subsection shall be subject to such
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1 terms and conditions as the Secretary may require

2 to protect the interests of the United States, includ3 ing the following:

4 ‘‘(A) RECORDS.—The recipient of the

5 grant—

6 ‘‘(i) must keep such records as the

7 Secretary shall require as being necessary

8 and appropriate for disclosing the use

9 made of grant funds; and

10 ‘‘(ii) shall allow the Secretary and the

11 Comptroller General of the United States,

12 or any of their authorized representatives,

13 access to such records for purposes of

14 audit and examination.

15 ‘‘(B) AMOUNT OF GRANT.—The amount of

16 a grant may not be less than 50 percent of the

17 estimated cost of the project.

18 ‘‘(C) PERIOD OF GRANT.—A grant may

19 not provide funding for more than two years

20 from the date of the release of the funds to the

21 grantee.

22 ‘‘(D) STATUS REPORT.—The recipient of a

23 grant shall submit to the Secretary periodic

24 project status reports as specified by the Sec25 retary. The Secretary may not release funds to
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1 the recipient for any subsequent period of fund2 ing for that grant or for any other grant to that

3 recipient made by the Secretary under this sub4 section until the Secretary receives that re5 port.’’.

6 (b) APPLICATION.—

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the amendments made by this section

9 apply to fiscal years beginning after the date of the

10 enactment of this title.

11 (2) LIST OF REGIONAL PRIORITIES.—Notwith12 standing section 2(c)(2)(C) of the Act of August 11,

13 1939, as amended by subsection (a)(2) of this sec14 tion, the list of priorities referred to in that section

15 for the first fiscal year beginning after the date of

16 the enactment of this Title is not required to be

17 based on priorities recommended under paragraph

18 (3)(F) of that section.

19 SEC. 1908. PROGRAM SUPPORT.

20 (a) EXECUTIVE DIRECTION AND ADMINISTRATIVE

21 ACTIVITIES.—

22 (1) There are authorized to be appropriated to

23 the Secretary of Commerce, to enable the National

24 Oceanic and Atmospheric Administration to carry

25 out executive direction and administration activities
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1 under the Act of 1970 and any other law involving

2 those activities, $25,500,000 for fiscal year 1995

3 and $26,418,000 for fiscal year 1996.

4 (2) Of the sums authorized under this sub5 section, $600,000 is authorized to be appropriated

6 for the purpose of conducting the study of the Na7 tional Oceanic and Atmospheric Administration

8 Corps authorized under this Title.

9 (b) SYSTEMS ACQUISITION OFFICE.—There are au10 thorized to be appropriated to the Secretary of Commerce,

11 to enable the National Oceanic and Atmospheric Adminis12 tration to operate and maintain a Systems Acquisition Of13 fice under the Act of 1970, $1,800,000 for fiscal year

14 1995 and $1,865,000 for fiscal year 1996.

15 (c) CENTRAL ADMINISTRATIVE SUPPORT.—There

16 are authorized to be appropriated to the Secretary of Com17 merce, to enable the National Oceanic and Atmospheric

18 Administration to carry out central administrative support

19 activities under the Act of 1970 and any other law involv20 ing these activities, $31,898,000 for fiscal year 1995 and

21 $33,046,000 for fiscal year 1996.

22 (d) RETIRED PAY.—There are authorized to be ap23 propriated to the Secretary of Commerce, for retired pay

24 for retired commissioned officers of the National Oceanic

25 and Atmospheric Administration under the Act of 1970,
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1 $7,706,000 for fiscal year 1995 and $7,983,000 for fiscal

2 year 1996.

3 (e) MARINE SERVICES.—There are authorized to be

4 appropriated to the Secretary of Commerce, to enable the

5 National Oceanic and Atmospheric Administration to

6 carry out marine service activities (including ship oper7 ations, maintenance, and support) under the Act of 1947

8 and any other law involving those activities, $62,599,000

9 for fiscal year 1995 and $64,853,000 for fiscal year 1996.

10 (f) AIRCRAFT SERVICES.—There are authorized to be

11 appropriated to the Secretary of Commerce, to enable the

12 National Oceanic and Atmospheric Administration to

13 carry out aircraft services activities (including aircraft op14 erations, maintenance, and support) under the Act of

15 1980 and any other law involving those activities,

16 $13,180,000 for fiscal year 1995.

17 SEC. 1909. USE OF OCEAN RESEARCH RESOURCES OF

18 OTHER FEDERAL AGENCIES.

19 (a) FINDINGS.—Congress finds the following:

20 (1) Changes in the defense needs of the United

21 States have redefined the status of many defense-re22 lated assets.

23 (2) Observing, monitoring, and predicting the

24 ocean environment has been a high priority for the

25 defense community to support ocean operations.
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1 (3) Many advances in ocean research have been

2 made by the defense community which could be

3 shared with civilian researchers.

4 (4) The National Oceanic and Atmospheric Ad5 ministration’s missions to describe and predict the

6 ocean environment, manage the Nation’s ocean and

7 coastal resources, and promote stewardship of the

8 world’s oceans would benefit from increased coopera9 tion with defense agencies.

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that the National Oceanic and Atmospheric Admin12 istration should expand its efforts to develop interagency

13 agreements to further the use of defense-related tech14 nologies, data, and other resources to support is oceanic

15 missions.

16 (c) REPORT.—

17 (1) IN GENERAL.—Not later than 120 days

18 after the date of the enactment of this Act, the Sec19 retary of Commerce shall submit to the Committee

20 on Merchant Marine and Fisheries of the House of

21 Representatives and the Committee on Commerce,

22 Science, and Transportation of the Senate a report

23 on the feasibility of expanding the use of defense-re24 lated technologies, data, and other resources to sup-
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1 port and enhance the oceanic missions of the Na2 tional Oceanic and Atmospheric Administration.

3 (2) CONTENTS.—The report required under

4 paragraph (1) shall include—

5 (A) a detailed listing of defense-related re6 sources currently available to the National Oce7 anic and Atmospheric Administration and the

8 National Oceanic and Atmospheric Administra9 tion missions which utilize those resources;

10 (B) detailed findings and recommenda11 tions, including funding requirements, on the

12 potential for expanding the use of available de13 fense-related resources;

14 (C) a detailed listing and funding history

15 of the National Oceanic and Atmospheric Ad16 ministration resources, including data and tech17 nology, which could be supplemented by de18 fense-related resources;

19 (D) a listing of currently unavailable de20 fense-related resources, including data and

21 technology, which if made available would en22 hance the National Oceanic and Atmospheric

23 Administration mission performance;
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1 (E) recommendations on the regulatory

2 and legislative structures needed to maximize

3 the use of defense-related resources;

4 (F) an assessment of the respective roles

5 in the use of defense-related resources of the

6 Corps, data centers, operational centers, and re7 search facilities of the National Oceanic and At8 mospheric Administration;

9 (G) recommendations on how to provide

10 access to relevant defense-related data for non11 federal scientific users; and

12 (H) an assessment of the defense-related

13 resources that could be used to assist in the

14 identification of, and where consistent with

15 international law, enforcement actions against,

16 vessels fishing in violation of the United Na17 tions Resolutions numbered 44–225, 45–197,

18 and 46–215 calling for the worldwide morato19 rium on all high seas driftnet fishing, or to as20 sist the Secretary of Commerce in carrying out

21 the responsibilities of the United States under

22 other international fisheries obligations.
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1 SEC. 1910. NAUTICAL CHARTING MODERNIZATION AND IM2 PROVEMENT.

3 (a) STUDY.—Not later than 270 days after the date

4 of the enactment of this Title, the Secretary of Commerce

5 shall submit to the Committee on Merchant Marine and

6 Fisheries of the House of Representatives and the Com7 mittee on Commerce, Science, and Transportation of the

8 Senate a report on the status of National Oceanic and At9 mospheric Administration programs related to marine

10 navigation safety.

11 (b) CONTENTS.—The study under subsection (a)

12 shall include the funding history of navigation-related pro13 grams of the National Oceanic and Atmospheric Adminis14 tration, adjusted for inflation, over at least the last 10

15 fiscal years, and detailed findings and recommendations

16 on the following:

17 (1) The missions and objectives of the National

18 Oceanic and Atmospheric Administration’s naviga19 tion-related programs, including the statutory or

20 other authorities that enable or require the National

21 Oceanic and Atmospheric Administration to conduct

22 those programs.

23 (2) The technological, financial, or other factors

24 that limit the National Oceanic and Atmospheric

25 Administration’s ability to modernize its navigation26 related programs.
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1 (3) Near-term actions, without regard to finan2 cial constraints, that are required to enable the Na3 tional Oceanic and Atmospheric Administration to

4 address critical deficiencies in its navigation-related

5 programs.

6 (4) Actions that need to be taken to allow the

7 National Oceanic and Atmospheric Administration

8 to fulfill its navigation-related responsibilities into

9 the 21st century.

10 (5) A comparison of the resources and activities

11 of National Oceanic and Atmospheric Administra12 tion’s navigation-related programs with those of

13 other federal agencies supporting the United States

14 maritime infrastructure.

15 (6) Past organizational changes within the Na16 tional Oceanic and Atmospheric Administration and

17 foreseeable future organizational changes that have

18 affected, or would affect, the ability of the National

19 Oceanic and Atmospheric Administration to provide

20 navigation-related services.

21 SEC. 1911. WEST COAST GROUNDFISH LABORATORY.

22 (a) In selecting a site for placement of a replacement

23 for the National Marine Fisheries Service Laboratory at

24 Tiburon, California, the Secretary of Commerce shall take

25 into account the following factors:
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1 (1) The proximity of sites considered to—

2 (A) groundfish fisheries, salmon fisheries,

3 and other unique marine study areas;

4 (B) academic and private research institu5 tions which conduct relevant marine habitat

6 and environmental research;

7 (C) other National Oceanic and Atmos8 pheric Administration research and manage9 ment elements; and

10 (D) other Federal, State, and private ma11 rine research facilities.

12 (2) The ability of the National Oceanic and At13 mospheric Administration to retain current staff.

14 (3) The relative construction and operation

15 costs, including the potential for collocation with

16 other federal facilities.

17 (b) AUTHORIZATION FOR ARCHITECTURE AND ENGI18 NEERING STUDIES.—In addition to amounts otherwise au19 thorized by this Title, there are authorized to be appro20 priated to the Secretary of Commerce, for architecture and

21 engineering studies regarding the replacement for the Na22 tional Marine Fisheries Service Laboratory at Tiburon,

23 California, $1,500,000 for fiscal year 1995.
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1 SEC. 1912. FUNDS FOR OPERATION AND CONTRACTUAL

2 PURPOSES.

3 Notwithstanding any other statutory provision, funds

4 in the amount of $40,000 allocated for operations and

5 contractual purposes under the 1993 Charleston Harbor

6 Project grant may be used to pay the nonfederal share

7 required by other federal programs undertaken in connec8 tion with the Charleston Harbor Project.

9 SEC. 1913. CONVEYANCE OF NATIONAL MARINE FISHERIES

10 SERVICE LABORATORY AT GLOUCESTER,

11 MASSACHUSETTS.

12 (a) CONVEYANCE REQUIRED.—

13 (1) IN GENERAL.—The Secretary of Commerce

14 shall convey to the Commonwealth of Massachusetts,

15 all right, title, and interest of the United States in

16 and to the property compromising the National Ma17 rine Fisheries Service Laboratory located on Emer18 son Avenue in Gloucester, Massachusetts.

19 (2) TERMS.—A conveyance of property under

20 paragraph (1) shall be made—

21 (A) without payment of consideration; and

22 (B) subject to the terms and conditions

23 specified under subsections (b) and (c).

24 (b) CONDITIONS FOR TRANSFER.—

25 (1) IN GENERAL.—As a condition of any con26 veyance of property under this section, the Common-
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1 wealth of Massachusetts shall assume full respon2 sibility for maintenance of the property for as long

3 as the Commonwealth retains the right and title to

4 that property.

5 (2) CONTINUED USE OF PROPERTY.—The Sec6 retary may enter into a Memorandum of Under7 standing with the Commonwealth of Massachusetts

8 under which the National Marine Fisheries Service

9 is authorized to occupy existing laboratory space on

10 the property conveyed under this section, if—

11 (A) the term of the Memorandum of Un12 derstanding is for a period of not longer than

13 five years beginning on the date of enactment

14 of this title; and

15 (B) the square footage of the space to be

16 occupied by the National Marine Fisheries

17 Service does not conflict with the needs of, and

18 is agreeable to, the Commonwealth of Massa19 chusetts.

20 (c) REVERSIONARY INTEREST.—All right, title, and

21 interest in and to all property conveyed under this section

22 shall revert to the United States on the date on which

23 the Commonwealth of Massachusetts uses any of the prop24 erty for any purpose other than the Commonwealth of
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1 Massachusetts Division of Marine Fisheries resource man2 agement program.

3 SEC. 1914. REIMBURSEMENT OF EXPENSES.

4 (a) IN GENERAL.—Notwithstanding subsections

5 3302(b) and (c) of title 31, United States Code, and sub6 ject to subsection (b) of this section, all amounts received

7 by the United States in settlement of, or judgment for,

8 damage claims arising from the October 9, 1992, allision

9 of the vessel ZACHERY into the National Oceanic and

10 Atmospheric Administration research vessel DISCOV11 ERER—

12 (1) shall be retained as an offsetting collection

13 in the Fleet Modernization, Shipbuilding, and Con14 version account of the National Oceanic and Atmos15 pheric Administration;

16 (2) shall be deposited in that account upon re17 ceipt by the United States Government; and

18 (3) shall be available only for obligation for Na19 tional Oceanic and Atmospheric Administration ves20 sel repairs.

21 (b) LIMITATION.—Not more than $518,757.09 of the

22 amounts referred to in subsection (a) may be deposited

23 into the Fleet Modernization, Shipbuilding, and Conver24 sion account pursuant to subsection (a).
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1 SEC. 1915. STUDY OF NATIONAL OCEANIC AND ATMOS2 PHERIC ADMINISTRATION CORPS.

3 Within 90 days of enactment of this title, the Sec4 retary of Commerce shall contract with the National Re5 search Council to examine and report to the Secretary and

6 Congress on the implications for the National Oceanic and

7 Atmospheric Administration Corps of the changing roles

8 and missions of National Oceanic and Atmospheric Ad9 ministration in the context of rapidly changing tech10 nologies. In particular, the study shall—

11 (1) assess the impact of changing technologies

12 for conducting ocean and atmospheric data acquisi13 tion and providing environmental services on Na14 tional Oceanic and Atmospheric Administration’s

15 program requirements, and describe their implica16 tions for the role of the National Oceanic and At17 mospheric Administration Corps;

18 (2) assess the impact of changing programmatic

19 requirements in such areas as scheduling, maintain20 ing, operating and modernizing oceanographic ships

21 and meteorological research aircraft; planning and

22 conducting hydrographic surveys and, in general, im23 plementing the nations’s nautical charting program;

24 managing national marine sanctuaries; conducting

25 and supporting oceanic and atmospheric research

26 and fisheries management; and in general carrying
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1 out and facilitating the responsibilities and activities

2 of National Oceanic and Atmospheric Administra3 tion; and describe their implications for the role of

4 the National Oceanic and Atmospheric Administra5 tion Corps; and

6 (3) develop and analyze alternative models of

7 meeting NOAA’s operational requirements, consider8 ing, at a minimum: the use of a uniformed service

9 and/or civil service personnel in the operation of gov10 ernment owned and/or contracted ships, planes and

11 data acquisition instrumentation. The analysis of the

12 models shall encompass both economic and human

13 resources perspectives.

14 SEC. 1916. PROMOTION AND COORDINATION OF NATIONAL

15 ESTUARINE RESEARCH RESERVES.

16 The Secretary of Commerce shall take such action as

17 is necessary and reasonable to promote and coordinate the

18 use of National Estuarine Research Reserves for research,

19 monitoring, and education purposes. Such action may in20 clude consulting with federal agencies, States, local gov21 ernments, regional agencies, interstate agencies, or other

22 persons to promote use of one or more such reserves for

23 research, monitoring, and education, including coordina24 tion with the National Marine Sanctuaries Program.
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1 SEC. 1917. FLOWER GARDEN BANKS BOUNDARY MODIFICA2 TION.

3 (a) MODIFICATION.—Notwithstanding section 304 of

4 the National Marine Sanctuaries Act (16 U.S.C. 1434),

5 the boundaries of the Flower Garden Banks National Ma6 rine Sanctuary, as designated by Public Law 102–251, are

7 amended to include the area described in subsection (d),

8 popularly known as Stetson Bank. This area shall be part

9 of the Flower Garden Banks National Marine Sanctuary

10 and shall be managed and regulated as though it had been

11 designated by the Secretary of Commerce under the Na12 tional Marine Sanctuaries Act.

13 (b) DEPICTION OF SANCTUARY BOUNDARIES.—The

14 Secretary of Commerce shall—

15 (1) prepare a chart depicting the boundaries of

16 the Flower Garden Banks National Marine Sanc17 tuary, as modified by this section; and

18 (2) submit copies of this chart to the Commit19 tee on Merchant Marine and Fisheries of the House

20 of Representatives and the Committee on Commerce,

21 Science and Transportation of the Senate.

22 (c) APPLICATION OF REGULATIONS.—Regulations is23 sued by the Secretary of Commerce to implement the des24 ignation of the Flower Garden Banks National Marine

25 Sanctuary shall apply to the area described in subsection

26 (d), unless modified by the Secretary. This subsection
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1 shall take effect 45 days after the date of enactment of

2 this title.

3 (d) AREA DESCRIBED.—

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the area referred to in subsections (a),

6 (b), and (c) is the area that is—

7 (A) generally depicted on the Department

8 of the Interior, Minerals Management Service

9 map titled ‘‘Western Gulf of Mexico, Lease Sale

10 143, September 1993, Biologically Sensitive

11 Areas, Map 3 of 3, Final’’;

12 (B) labeled ‘‘Stetson’’ on the High Island

13 Area South Addition diagram on that map; and

14 (C) within the 52 meter isobath.

15 (2) MINOR BOUNDARY ADJUSTMENTS.—The

16 Secretary of Commerce may make minor adjust17 ments to the boundaries of the area described in

18 paragraph (1) as necessary to protect the living

19 coral resources of Stetson Bank or to simplify ad20 ministration of the Flower Garden Banks National

21 Marine Sanctuary.

22 (e) PUBLICATION OF NOTICE.—

23 (1) IN GENERAL.—The Secretary of Commerce

24 shall, as soon as practicable after the date of the en-
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1 actment of this Title, publish in the Federal Reg2 ister a notice describing—

3 (A) the boundaries of the Flower Garden

4 Banks National Marine Sanctuary, as modified

5 by this section, and

6 (B) any modification of regulations appli7 cable to that Sanctuary that are necessary to

8 implement that modification of the boundaries

9 of the Sanctuary.

10 (2) TREATMENT AS NOTICE REQUIRED UNDER

11 NATIONAL MARINE SANCTUARIES ACT.—A notice

12 published under paragraph (1) shall be considered to

13 be the notice required to be published under section

14 304(b)(1) of the National Marine Sanctuaries Act

15 (16 U.S.C. 1434(b)(1)).

16 SEC. 1918. CHESAPEAKE BAY.

17 (a) REPEAL.—If by December 1, 1994, the Secretary

18 of Commerce fails to obligate all funds appropriated to

19 the Secretary of Commerce by Public Law 103–121 for

20 oyster disease research, section 307 of the National Oce21 anic and Atmospheric Administration Act of 1992 (15

22 U.S.C. 1511d), requiring the establishment of a National

23 Oceanic and Atmospheric Administration Chesapeake Bay

24 Estuarine Resources Office, is repealed.
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1 (b) ASSIGNMENT OF FUNCTIONS.—If section 307 of

2 the National Oceanic and Atmospheric Administration Act

3 of 1992 (15 U.S.C. 1511d) is repealed by subsection (a),

4 the Secretary of Commerce shall immediately—

5 (1) enter into a cooperative agreement with the

6 directors of the Maryland and Virginia Sea Grant

7 colleges to administer all funds appropriated to the

8 Secretary of Commerce under any law for oyster dis9 ease research and Chesapeake Bay studies; and

10 (2) transfer the functions of the former Na11 tional Oceanic and Atmospheric Administration

12 Chesapeake Bay Estuarine Resources Office to the

13 Director of the Coastal Ocean Program.

14 The Director may delegate any of the functions trans15 ferred under paragraph (2) to the Directors of the Mary16 land and Virginia Sea Grant colleges under the coopera17 tive agreement required under paragraph (1).

18 (c) REPEAL AND AUTHORIZATION OF APPROPRIA19 TIONS.—

20 (1) REPEAL.—Section 2(e) of the National Oce21 anic and Atmospheric Administration Marine Fish22 eries Program Authorization Act (Public Law 98-

23 210, 97 Stat. 1409) is repealed.

24 (2) AUTHORIZATION.—There is authorized to

25 be appropriated to the Secretary of Commerce to im-
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1 plement section 307 of the National Oceanic and At2 mospheric Administration Act of 1992 (15 U.S.C.

3 1511d) and this section, $2,500,000 for each of fis4 cal years 1995 and 1996, to remain available until

5 expended.

6 SEC. 1919. WEATHER REPORTING STATIONS FOR PRINCE

7 WILLIAM SOUND.

8 (a) INSTALLATION.—To provide more comprehensive

9 weather information to ensure the safety of fishermen and

10 tank vessels and to protect the resources of Prince William

11 Sound from potential oil spills, the Secretary of Commerce

12 may expend $340,000 to acquire, construct, and install

13 weather reporting stations in Prince William Sound Alas14 ka, as follows:

15 (1) In the vicinity of Seal Rocks, to acquire and

16 install a weather buoy capable of measuring and re17 porting wind speed and direction, barometric pres18 sure, wave height and period, and air temperature.

19 (2) On the existing tower at Bligh Reef, to ac20 quire and install a weather instrument capable of

21 measuring and reporting wind speed and direction.

22 (3) At Potato Point, to relocate the existing an23 emometer to a more exposed location in order to

24 provide more accurate information.
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1 (4) At the Hinchinbrook Lighthouse site, to ac2 quire and install an anemometer.

3 (b) MAINTENANCE.—The Secretary of Commerce

4 may expend $160,000 in each of fiscal years 1995 and

5 1996 to maintain the equipment identified in subsection

6 (a).

7 SEC. 1920. CLEANUP OF FACILITIES.

8 (a) To the maximum extent practicable, the Secretary

9 may carry out duties under the Fur Seal Act of 1966 (16

10 U.S.C. 1161) as amended, or obligation under applicable

11 Federal and State laws, through contracts, grants or coop12 erative agreements with the entities on the Pribilof Islands

13 entitled to receive conveyance of lands by the Fur Seal

14 Act of 1966 (16 U.S.C. 1161), as amended, and with resi15 dents of the Pribilof Islands.

16 (b) In fulfilling any obligations under the Fur Seal

17 Act of 1966 (16 U.S.C. 1161), as amended, or other Fed18 eral and State laws, the Secretary is authorized to clean

19 up such dumps, debris, storage tanks, property, hazardous

20 conditions, and contaminants, as the Secretary deems ap21 propriate.

22 (c) Subject to the availability of appropriations, the

23 Secretary is authorized to execute contracts or agree24 ments, including agreements on a reimbursable basis with

25 the State of Alaska or local governments, and to provide
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1 technical and financial assistance and training requested

2 by said entities, in order to obtain their services in carry3 ing out this section.

4 SEC. 1921. PURCHASE OF REMOTELY SENSED SCIENCE

5 DATA.

6 (a) IN GENERAL.—To the maximum extent possible,

7 the Secretary of Commerce shall purchase from the pri8 vate sector remotely sensed science data. Examples of such

9 data include scientific data concerning the impact of

10 oceans worldwide on global climate change and concerning

11 the condition of the oceans.

12 (b) COMPETITIVE BIDDING.—

13 (1) Contracts for the purchase of remotely

14 sensed data under this section shall be awarded in

15 a process of full, fair, and open competitive bidding.

16 (2) Submission of cost data, either for the pur17 poses of supporting the bid or fulfillment of the con18 tract, shall not be required of bidders.

19 (3) Conformance with military specification

20 (Milspec) or Department of Commerce specifications

21 systems with respect to the design, construction, or

22 operation of equipment used in obtaining remotely

23 sensed data under contracts entered into under this

24 section shall not be a requirement for a commercial

25 provider bidding to provide such services.
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1 (4) Contracts under this section shall not pro2 vide for the Federal Government to obtain ownership

3 of data not specifically sought by the Federal Gov4 ernment.

5 SEC. 1922. CONTRACTOR ACTIVITIES.

6 Activities of the contractor including the purchase,

7 transportation, receiving, and installation of property and

8 materials, on behalf of the National Oceanic and Atmos9 pheric Administration pursuant to the modernization of

10 the National Weather Service as set forth in Public Law

11 102–567, are hereby expressly exempted from taxation in

12 any manner or form by any State, county, municipality,

13 or any subdivision thereof.

14 SEC. 1923. COOPERATIVE AGREEMENTS REGARDING AD15 MINISTRATIVE LAW JUDGES.

16 The National Oceanic and Atmospheric Administra17 tion is authorized to enter into reimbursable cooperative

18 agreements with federal agencies that employ administra19 tive law judges at locations convenient to the places where

20 NOAA civil penalty hearings are usually held. The agree21 ments shall provide for the conduct of formal hearings by

22 administrative law judges selected by the cooperating

23 agency from its pool of administrative law judges in ac24 cordance with its customary practice.
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1 SEC. 1924. HYDROGRAPHIC SURVEYING AND MAPPING

2 SERVICES.

3 The Secretary of Commerce shall award contracts for

4 hydrographic surveying and mapping services in accord5 ance with Title IX of the Federal Property and Adminis6 trative Services Act of 1949 (40 U.S.C. 541 et seq.).

7 SEC. 1925. EDUCATION PROGRAM TO REDUCE THE RISK AS8 SOCIATED WITH CONSUMING RAW

9 MOLLUSCAN SHELLFISH.

10 (a) IN GENERAL.—There are authorized to be appro11 priated to the Secretary of Commerce $500,000 for a com12 prehensive education program to reduce and prevent ill13 ness and deaths associated with the consumption of raw

14 molluscan shellfish.

15 (b) TRANSFER OF AUTHORITY.—The Secretary of

16 Commerce is authorized to transfer up to $500,000 of

17 amounts authorized to be appropriated under subsection

18 (a) to another federal agency to carry out the purposes

19 of this section.

20 (c) LIMITATION.—The Secretary of Commerce, or the

21 head of a federal agency to which the Secretary transfers

22 funds under this section, may not use more than five per23 cent of amounts authorized under this section for adminis24 trative expenses.
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1 SEC. 1926. FEASIBILITY STUDY.

2 No later than 180 days after the date of enactment

3 of this Title, the Secretary of Commerce shall submit to

4 the Committee on Merchant Marine and Fisheries and the

5 Committee on Natural Resources of the House of Rep6 resentatives and the Committee on Commerce, Science,

7 and Transportation of the Senate, a study on the feasibil8 ity and desirability of converting the offshore gas produc9 tion platform known as High Island A389A, owned by

10 Mobil Exploration and Production U.S., Inc., into a ma11 rine research station for the purpose of supporting inves12 tigations of the northern Gulf of Mexico and for use as

13 a field laboratory for training students and marine science

14 professionals in technologies related to the exploration and

15 study of the Gulf of Mexico. The study shall include—

16 (1) an assessment of the need for such a re17 search platform, including consultations with Na18 tional Oceanic and Atmospheric Administration line

19 and program offices, other relevant Federal and

20 State agencies with research and management re21 sponsibilities in the Gulf of Mexico, and academic in22 stitutions involved in the study of the Gulf of Mexico

23 ecosystem;

24 (2) an assessment of the financial feasibility of

25 converting the platform, including the cost of con26 version from a gas production facility into a marine
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1 research station, the cost of operation of the plat2 form as a marine science field station, the cost of re3 moval of the platform at the end of its functional life

4 span, and the potential costs to users of the plat5 form;

6 (3) an assessment of the possible liability to the

7 National Oceanic and Atmospheric Administration of

8 converting and maintaining the platform; and

9 (4) a description of potential users of the plat10 form, potential funding strategies, permit require11 ments, and time schedules and constraints.

12 SEC. 1927. FLEET MODERNIZATION.

13 (a) AUTHORITY TO CONTRACT.—

14 (1) IN GENERAL.—The Secretary may enter

15 into only the following contracts in fiscal years 1995

16 and 1996 to implement the Plan—

17 (A) repairs to extend the service life of the

18 R/V DISCOVERER.

19 (B) construction of a medium endurance

20 oceanographic research vessel.

21 (C) a service life extension of the R/V

22 DELAWARE II.

23 (D) conversion of a T-AGOS vessel for

24 oceanographic research.
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1 (E) construction of a coastal/low endur2 ance vessel for living marine research.

3 (F) leasing to fulfill any NOAA mission re4 quirements.

5 (G) necessary repairs to and maintenance

6 of any vessel in the NOAA fleet.

7 (H) necessary requirements, designs, and

8 specifications for future vessel repair, conver9 sion, construction, or lease.

10 (2) CONTRACT DEFINED.—Section 602 of the

11 NOAA Fleet Modernization Act (33 U.S.C. 891) is

12 amended by adding at the end the following:

13 ‘‘(6) ‘contract’ means any contract or other

14 agreement for the construction, conversion, lease,

15 chartering, service life extension, or repair or main16 tenance of any vessel of the NOAA fleet, and provi17 sion of related equipment, including the development

18 of any necessary requirement, design, or specifica19 tion. The term includes contracts entered into on be20 half of the Secretary by another federal department,

21 agency, or instrumentality, if the vessel which is the

22 subject of the contract will be operated by or for the

23 benefit of the Department of Commerce.’’.

24 (b) LEASING AND CONTRACTS.—
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1 (1) IN GENERAL.—The Secretary shall for each

2 of fiscal year 1995 and 1996, enter into contracts or

3 service contracts under the NOAA Fleet Moderniza4 tion Act (33 U.S.C. 891 et seq.) to use University5 National Oceanographic Laboratory System or non6 federal vessels.

7 (2) AMOUNT SUBJECT TO OBLIGATION.—

8 Amounts subject to obligation under paragraph (1)

9 shall be, for each fiscal year, at least 10 percent of

10 the amounts appropriated to the Fleet Moderniza11 tion, Shipbuilding, and Conversion account for fiscal

12 years 1995 and 1996.

13 (c) DEFINITIONS.—In this section each of the terms

14 ‘‘contract’’, ‘‘NOAA’’, ‘‘NOAA fleet’’, ‘‘Plan’’, and ‘‘Sec15 retary’’ has the meaning given to that term in section 602

16 of the NOAA Fleet Modernization Act (33 U.S.C. 891),

17 as amended by this section.

18 SEC. 1928. SCIENTIFIC PROGRAMS FOR RELEASE OF MA19 RINE MAMMALS.

20 (a) PROTOCOLS.—In general, the release to the wild

21 of a marine mammal held for purposes of public display

22 shall be prohibited unless authorized under a scientific re23 search permit issued by the Secretary of Commerce under

24 the appropriate statutory authority. In the case of a ma25 rine mammal previously held by the Secretary of the Navy,
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1 the Secretary of Commerce shall only issue a research per2 mit for release of the marine mammal to an applicant

3 which submits with its permit application a program of

4 bona fide scientific research specifically related to the re5 lease.

6 (b) REPORT.—The Secretary of Commerce shall re7 port in accordance with section 103(f) of the Marine Mam8 mal Protection Act (16 U.S.C. 1373) on any release to

9 the wild or proposed release program for a marine mam10 mal held for purposes of public display or previously held

11 by the Secretary of the Navy.

12 SEC. 1929. AUTHORIZATION OF EDUCATIONAL PROGRAMS.

13 The Secretary of Commerce is authorized and di14 rected to enter into agreements establishing Cooperative

15 Marine Education and Research programs with

16 Kingsborough Community College, a branch of the City

17 University of New York, and the State University of New

18 York at Stony Brook, New York. The agreement shall pro19 vide for the cooperative use of the James J. Howard Lab20 oratory located at Sandy Hook, New Jersey.

21 SEC. 1930. UNDERSEA RESEARCH PROGRAM.

22 (a) ESTABLISHMENT.—There is established in the

23 National Oceanic and Atmospheric Administration a pro24 gram to be known as the National Undersea Research

25 Program.
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1 (b) CENTER FOR GULF OF MEXICO REGION.—Not

2 later than 30 days after the date of enactment of this Act,

3 the Secretary of Commerce shall establish and maintain

4 at a public institution or consortium of public institutions

5 of higher education located in a state bordering the Gulf

6 of Mexico, a National Undersea Research Program Center

7 for the Gulf of Mexico to carry out the National Undersea

8 Research Program for the Gulf of Mexico region.

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to the Secretary of Com11 merce, to enable the National Oceanic and Atmospheric

12 Administration to carry out the National Undersea Re13 search Program, $18,000,000 for fiscal year 1995 and

14 $18,648,000 for fiscal year 1996.

15 TITLE XX—ADDITIONAL

16 MISCELLANEOUS PROVISIONS

17 SEC. 2001. AMENDMENT TO REQUIRE EPIRBS ON THE

18 GREAT LAKES.

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

20 States Code, is amended by inserting ‘‘or beyond 3 nau21 tical miles from the coastline of the Great Lakes’’ after

22 ‘‘high seas’’.
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1 SEC. 2002. IMPLEMENTATION OF OIL POLLUTION REQUIRE2 MENTS WITH RESPECT TO VEGETABLE OIL.

3 In implementing the Oil Pollution Act of 1990 (Pub4 lic Law 101–380), the Coast Guard and other agencies

5 shall differentiate between animal fats or oils of vegetable

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

7 of their physical, chemical, biological, and other prop8 erties, and their environmental effects.

9 SEC. 2003. DUAL PURPOSE VESSEL.

10 Subject to the availability of appropriations, the Sec11 retary of Transportation is authorized to expend up to

12 $10,000,000 in fiscal year 1996 for the design and con13 struction of a passenger ferry to be owned and operated

14 by the State of Alaska, provided that—

15 (1) any amounts expended under this provision

16 by the Secretary for such ferry are matched by an

17 equal or greater amount from the State of Alaska or

18 other sources;

19 (2) such ferry shall, when completed, be used

20 by the State of Alaska as part of the National Con21 tingency Plan in accordance with section

22 311(d)(2)(H) of the Federal Water Pollution Con23 trol Act (33 U.S.C. 1321(d)(2)(H)), in the event of

24 a worst case discharge of crude oil off Alaska;

25 (3) the State of Alaska shall agree to use such

26 ferry in cooperation with the Federal On-Scene Co-
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1 ordinator in the event of a worst case discharge of

2 crude oil off Alaska; and

3 (4) such ferry shall be made available by the

4 State of Alaska to be included on the list of equip5 ment available in an Area Contingency Plan off

6 Alaska under section 311(j)(4)(C)(iv) of the Federal

7 Water Pollution Control Act (33 U.S.C.

8 1321(j)(4)(C)(iv)).

9 SEC. 2004. EQUITABLE TREATMENT OF UNITED STATES

10 OCEAN FREIGHT FORWARDERS BY OCEAN

11 CARRIER CONFERENCES.

12 (a) INDEPENDENT ACTION.—Section 5(b) of the

13 Shipping Act of 1984 (46 U.S.C. App. 1704(b)) is amend14 ed by striking paragraph (8) and inserting the following:

15 ‘‘(8) provide that—

16 ‘‘(A) any member of the conference may

17 take independent action on any rate, service

18 item, or level of ocean freight forwarder com19 pensation required to be filed in a tariff under

20 section 8(a) upon not more than 10 calendar

21 days notice to the conference; and

22 ‘‘(B) the conference will include the new

23 rate, service item, or level of ocean freight for24 warder compensation in its tariff for use by

25 that member, effective no later than 10 cal-
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1 endar days after receipt of the notice, and by

2 any other member that notifies the conference

3 that it elects to adopt the independent rate,

4 service item, or level of ocean freight forwarder

5 compensation on or after its effective date, in

6 lieu of the existing conference tariff provision

7 for that rate, service item, or level of ocean

8 freight forwarder compensation;’’.

9 (b) PROHIBITION ON DENYING COMPENSATION.—

10 Section 10(c) of the Shipping Act of 1984 (46 U.S.C. App.

11 1709(c)), is amended by striking paragraph (5) and in12 serting the following:

13 ‘‘(5) deny in the export foreign commerce of the

14 United States compensation to an ocean freight for15 warder, or limit that compensation to less than 1.25

16 percent of the aggregate of all of the rates and

17 charges applicable under the tariff assessed against

18 the cargo on which the forwarding services are pro19 vided; or’’.

20 SEC. 2005. 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. 2006. LIMITATION ON CONSOLIDATION OF HOUSTON

8 AND GALVESTON MARINE SAFETY OFFICES.

9 The Secretary of Transportation may not consolidate

10 the Coast Guard Marine Safety Offices in Galveston,

11 Texas, and Houston, Texas.

12 SEC. 2007. BUY AMERICAN REQUIREMENT FOR SURFACE

13 SEARCH RADAR SYSTEMS AND MULTIBEAM

14 SONAR.

15 Notwithstanding any other law, at least 51 percent

16 of the components of surface search radar systems and

17 multibeam sonar systems for Coast Guard vessels shall be

18 manufactured in the United States, provided the United

19 States manufacturer offers the Coast Guard a competitive

20 price and such requirement is consistent with United

21 States international obligations.

22 SEC. 2008. SPECIAL RECRUITING AUTHORITY TO ACHIEVE

23 DIVERSITY.

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

25 findings:
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1 (1) Women and minorities have historically

2 been underrepresented in the Coast Guard officer

3 corps and at the United States Coast Guard Acad4 emy.

5 (2) Notwithstanding application of traditional

6 recruiting programs, the Coast Guard has not been

7 able to rectify the historic underrepresentation of

8 women and minorities in the service and at the

9 Academy.

10 (3) The education and professional training

11 provided at the United States Coast Guard Academy

12 will be enhanced by the benefits that flow from a di13 verse student body.

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

15 States Code, is amended—

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

17 the semicolon;

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

19 inserting ‘‘; and’’; and

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

21 ‘‘(v) for the purposes of rectifying

22 underrepresentation or underutilization of women

23 and minorities in the Coast Guard and meeting iden24 tified personnel resource requirements and training

25 needs—
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1 ‘‘(1) conduct studies and analyses on Coast

2 Guard personnel resource and training needs;

3 and

4 ‘‘(2) employ special programs for recruit5 ing women and minorities, including, subject to

6 appropriations, provision of financial assistance

7 by grant, cooperative agreement, contract, or

8 otherwise, to public or private associations, or9 ganizations, or individuals to implement na10 tional or local outreach programs.’’.

11 SEC. 2009. RECOMMENDATIONS ON ACTIONS FOR THE PRO12 TECTION OF THE NORTH ATLANTIC RIGHT

13 WHALE.

14 (a) RECOMMENDATIONS.—Not later than 6 months

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

16 Transportation shall recommend to the Secretary of Com17 merce actions that could be undertaken by the Coast

18 Guard and the International Maritime Organization to

19 prevent mortalities of the northern right whale from vessel

20 collisions in the Great South Channel off Cape Cod, Mas21 sachusetts. Such recommendations may include—

22 (1) the designation of 1 or more areas to be

23 avoided;

24 (2) the shifting of the traffic separation scheme

25 in the Great South Channel; or
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1 (3) other measures the Secretary considers ap2 propriate.

3 (b) INTERNATIONAL MARITIME ORGANIZATION.—

4 The Secretary of Transportation, in consultation with the

5 Secretary of Commerce, shall submit the appropriate rec6 ommendations under subsection (a) to the International

7 Maritime Organization for consideration.

8 (c) REPORT.—The Secretary of Commerce shall re9 port in accordance with section 103(f) of the Marine Mam10 mal Protection Act of 1972 (16 U.S.C. 1373(f)) on any

11 actions taken by the Secretary of Commerce and the Sec12 retary of Transportation pursuant to this section.

13 SEC. 2010. PROHIBITION ON DIVERSION OF DRUG INTER14 DICTION FUNDS.

15 The Secretary of Transportation may not reduce the

16 level of Coast Guard drug interdiction activities during fis17 cal year 1995 below the level proposed by the President

18 in the fiscal year 1995 budget.

19 SEC. 2011. LIMITATION ON AUTHORITY OF STATES TO REG20 ULATE GAMBLING DEVICES ON VESSELS.

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

22 U.S.C. 1175(b)(2)), commonly referred to as the ‘‘John23 son Act’’, is amended by adding at the end the following:

24 ‘‘(C) EXCLUSION OF CERTAIN VOYAGES

25 AND SEGMENTS.—Except for a voyage or seg-
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1 ment of a voyage that occurs within the bound2 aries of the State of Hawaii or the State of

3 Alaska, a voyage or segment of a voyage is not

4 described in subparagraph (B) if it includes or

5 consists of a segment—

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

7 State;

8 ‘‘(ii) that is part of a voyage to an9 other State or to a foreign country; and

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

11 other State or foreign country within 3

12 days after leaving the State in which it be13 gins.’’.

14 SEC. 2012. POLLUTION FROM SHIPS.

15 (a) PREVENTION OF POLLUTION FROM SHIPS.—Sec16 tion 6 of the Act to Prevent Pollution from Ships (33

17 U.S.C. 1905) is amended—

18 (1) in subsection (c)—

19 (A) in paragraph (2)—

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

21 the following: ‘‘(2)(A) Subject to subpara22 graph (B), if’’; and

23 (ii) by adding at the end the following

24 new subparagraphs:
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1 ‘‘(B) The Secretary may issue a certificate attesting

2 to the adequacy of reception facilities under this para3 graph only if, prior to the issuance of the certificate, the

4 Secretary conducts an inspection of the reception facilities

5 of the port or terminal that is the subject of the certificate.

6 ‘‘(C) The Secretary may, with respect to certificates

7 issued under this paragraph prior to the date of enactment

8 of the Oceans Act of 1994, prescribe by regulation differ9 ing periods of validity for such certificates.’’; and

10 (B) in paragraph (3), by striking subpara11 graph (A) and inserting the following new sub12 paragraph:

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

14 the date of issuance of the certificate, except that

15 if—

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

17 terminal is transferred to a person or entity

18 other than the person or entity that is the oper19 ator on the date of issuance of the certificate—

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

21 date that is 30 days after the date of the

22 transfer; and

23 ‘‘(II) the new operator shall be re24 quired to submit an application for a cer-
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1 tificate before a certificate may be issued

2 for the port or terminal; or

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

4 by the Secretary, the certificate shall cease to

5 be valid; and’’; and

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

7 following new subsection:

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

9 or terminals with respect to which a certificate issued

10 under this section—

11 ‘‘(A) is in effect; or

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

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

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

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

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

17 1905(f)) is amended—

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

19 and

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

21 paragraph:

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

23 enactment of this paragraph, the Secretary shall promul24 gate regulations that require the operator of each port or

25 terminal that is subject to any requirement of the
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1 MARPOL Protocol relating to reception facilities to post

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

3 and terminal users. The placard shall state, at a mini4 mum, that a user of a reception facility of the port or

5 terminal should report to the Secretary any inadequacy

6 of the reception facility.’’.

7 (c) COMPLIANCE REPORTS.—Section 2201(a) of the

8 Marine Plastic Pollution Research and Control Act of

9 1987 (Public Law 100–220; 33 U.S.C. 1902 note) is

10 amended—

11 (1) by striking ‘‘for a period of 6 years’’; and

12 (2) by inserting before the period at the end the

13 following: ‘‘and, not later than 1 year after the date

14 of enactment of the Oceans Act of 1994, and annu15 ally thereafter, shall publish in the Federal Register

16 a list of the enforcement actions taken against any

17 domestic or foreign ship (including any commercial

18 or recreational ship) pursuant to the Act to Prevent

19 Pollution from Ships (33 U.S.C. 1901 et seq.)’’.

20 (d) MARINE PLASTIC POLLUTION RESEARCH AND

21 CONTROL PUBLIC OUTREACH PROGRAM.—Section

22 2204(a) of the Marine Plastic Pollution Research and

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

24 6981 note) is amended—

25 (1) in paragraph (1)—
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1 (A) in the matter preceding subparagraph

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

3 years,’’;

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

5 ‘‘and’’ at the end;

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

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

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

9 subparagraph:

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

11 the Act to Prevent Pollution from Ships (33

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

13 ports, and the authority of citizens to report

14 violations of this Act and the Act to Prevent

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

16 seq.).’’; and

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

18 following new paragraph:

19 ‘‘(2) AUTHORIZED ACTIVITIES.—

20 ‘‘(A) PUBLIC OUTREACH PROGRAM.—A

21 public outreach program under paragraph (1)

22 may include—

23 ‘‘(i) developing and implementing a

24 voluntary boaters’ pledge program;
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1 ‘‘(ii) workshops with interested

2 groups;

3 ‘‘(iii) public service announcements;

4 ‘‘(iv) distribution of leaflets and post5 ers; and

6 ‘‘(v) any other means appropriate to

7 educating the public.

8 ‘‘(B) GRANTS AND COOPERATIVE AGREE9 MENTS.—To carry out this section, the Sec10 retary of the department in which the Coast

11 Guard is operating, the Secretary of Commerce,

12 and the Administrator of the Environmental

13 Protection Agency are authorized to award

14 grants, enter into cooperative agreements with

15 appropriate officials of other Federal agencies

16 and agencies of States and political subdivisions

17 of States, and provide other financial assistance

18 to eligible recipients.

19 ‘‘(C) CONSULTATION.—In developing out20 reach initiatives targeted at the interested

21 groups that are subject to the requirements of

22 this title and the Act to Prevent Pollution from

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

24 of the department in which the Coast Guard is

25 operating, in consultation with the Secretary of
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1 Commerce and the Administrator of the Envi2 ronmental Protection Agency, shall consult

3 with—

4 ‘‘(i) the heads of State agencies re5 sponsible for implementing State boating

6 laws; and

7 ‘‘(ii) the heads of other enforcement

8 agencies that regulate boaters or commer9 cial fishermen.’’.

10 (e) COORDINATION.—

11 (1) ESTABLISHMENT OF MARINE DEBRIS CO12 ORDINATING COMMITTEE.—The Secretary of Com13 merce shall establish a Marine Debris Coordinating

14 Committee (referred to in this section as the ‘‘Com15 mittee’’).

16 (2) MEMBERSHIP.—The Committee shall in17 clude a senior official from—

18 (A) the National Oceanic and Atmospheric

19 Administration, who shall serve as the Chair20 person of the Committee;

21 (B) the Environmental Protection Agency;

22 (C) the United States Coast Guard;

23 (D) the United States Navy; and

24 (E) such other Federal agencies that have

25 an interest in ocean issues or water pollution
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1 prevention and control as the Secretary of Com2 merce determines appropriate.

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

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

5 coordination of national and international research,

6 monitoring, education, and regulatory actions ad7 dressing the persistent marine debris problem.

8 (f) MONITORING.—The Secretary of Commerce, in

9 cooperation with the Administrator of the Environmental

10 Protection Agency, shall utilize the marine debris data de11 rived under title V of the Marine Protection, Research,

12 and Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.) to

13 assist the United States Coast Guard in assessing the ef14 fectiveness of this section.

15 SEC. 2013. COST ACCOUNTING FOR HAITIAN OPERATIONS.

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

17 Act, the Secretary of Transportation shall submit a full

18 accounting of all Coast Guard costs related to Haiti dur19 ing fiscal year 1994 to the Committee on Merchant Ma20 rine and Fisheries in the House of Representatives and

21 to the Committee on Commerce, Science, and Transpor22 tation in the Senate. This accounting shall include num23 bers of Coast Guard personnel involved, the numbers of

24 Coast Guard vessels involved, and the amount of funds

25 diverted from other Coast Guard missions.
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1 (b) Until all United States military operations in

2 Haiti cease, the Secretary of Transportation shall submit

3 monthly reports on all Coast Guard costs related to Haiti

4 to the Committee on Merchant Marine and Fisheries in

5 the House of Representatives and to the Committee on

6 Commerce, Science, and Transportation in the Senate.

7 SEC. 2014. PLAN FOR RESCUE OF PASSENGERS ON THE

8 CHESAPEAKE BAY.

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

10 Coast Guard is operating, in consultation with officials of

11 the States of Maryland and Virginia, and other interested

12 persons, shall develop and submit to Congress by March

13 30, 1995, a plan for the rescue of persons transported on

14 passenger vessels or small passenger vessels on the Chesa15 peake Bay.

16 (b) The plan developed in subsection (a) shall in17 clude—

18 (1) a protocol for command, control, and com19 munications among Federal, State, and local au20 thorities;

21 (2) a protocol for training exercises to prepare

22 for an emergency rescue on the Chesapeake Bay;

23 (3) an identification of emergency medical per24 sonnel that would be available for an emergency res25 cue on the Chesapeake Bay; and
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1 (4) an identification of procedures to be fol2 lowed and equipment that would be needed in the

3 event of weather that could result in hypothermia of

4 the passengers.

5 SEC. 2015. BOARD FOR CORRECTION OF MILITARY

6 RECORDS DEADLINE.

7 (a) Ten months after a complete application for cor8 rection of military records is received by the Board for

9 Correction of Military Records of the Coast Guard, admin10 istrative remedies are deemed to have been exhausted,

11 and—

12 (1) if the Board has rendered a recommended

13 decision, its recommendation shall be final agency

14 action and not subject to further review or approval

15 within the Department of Transportation; or

16 (2) if the Board has not rendered a rec17 ommended decision, agency action is deemed to have

18 been unreasonably delayed or withheld and the ap19 plicant is entitled to—

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

21 5, United States Code, directing final action be

22 taken within 30 days from the date the order

23 is entered; and

24 (B) from amounts appropriated to the De25 partment of Transportation, the costs of obtain-
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1 ing the order, including a reasonable attorney’s

2 fee.

3 (b) The 10-month deadline established in section 212

4 of the Coast Guard Authorization Act of 1989 (Public

5 Law 101–225, 103 Stat. 1914) is mandatory, and applies

6 to any application pending before the Board or the Sec7 retary of Transportation on June 12, 1990.

8 TITLE XXI—MARINE BIO9 TECHNOLOGY INVESTMENT

10 ACT OF 1993

11 SEC. 2101. SHORT TITLE.

12 This Title may be cited as the ‘‘Marine Biotechnology

13 Investment Act of 1993’’.

14 SEC. 2102. FINDINGS.

15 Congress finds and declares the following:

16 (1) Throughout human history, the oceans and

17 Great Lakes have been an important source of food

18 and a wealth of other natural products.

19 (2) Marine biotechnology holds tremendous

20 promise for expanding the range and increasing the

21 utility of products from the oceans, understanding

22 and treating human illness, and enhancing the qual23 ity and quantity of seafood.

24 (3) Marine biotechnology offers opportunities to

25 improve the stewardship of marine resources
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1 through the development and application of effective

2 methods to restore and protect marine ecosystems,

3 to manage fisheries, to promote the economic growth

4 of coastal economies (particularly those which rely

5 substantially on income from traditional fisheries),

6 and to monitor marine biological and geochemical

7 processes.

8 (4) The United States currently is a world lead9 er in marine biotechnology, a position with the po10 tential for contributing to business and manufactur11 ing innovations, creation of new jobs, and stimula12 tion of private sector investment.

13 (5) Maintaining national leadership in the face

14 of growing foreign competition will require federal

15 investment in a well-defined and coordinated na16 tional program of research, development and private

17 sector partnership, based on the existing responsibil18 ities and expertise of the National Oceanic and At19 mospheric Administration and other federal agen20 cies.

21 (6) In particular, the National Sea Grant Col22 lege Program should play a leading role in the devel23 opment of marine biotechnology in the United

24 States, building on proven capabilities in research,

25 technology transfer, and education.
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1 SEC. 2103. DEFINITIONS.

2 As used in this Title—

3 (1) The term ‘‘Council’’ means the Federal Co4 ordinating Council on Science, Engineering, and

5 Technology or any successor organization respon6 sible for the coordination of scientific research

7 among federal agencies and departments.

8 (2) The term ‘‘Director’’ means the Director of

9 the Office of Science and Technology Policy.

10 (3) The term ‘‘marine biotechnology’’ means

11 the application of molecular and cellular techniques

12 to marine or other aquatic organisms for the pur13 poses of—

14 (A) identifying, isolating, developing, and

15 enhancing products that are derived from the

16 aquatic environment;

17 (B) developing new techniques and proc18 esses that may be applied to marine and coastal

19 resources; and

20 (C) monitoring human health and treating

21 disease.

22 (4) The term ‘‘release of organisms’’ means—

23 (A) the intentional release; or

24 (B) the accidental release from a contained

25 research facility;
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1 into the surrounding environment, of a living marine

2 or other aquatic organism in which the genetic mate3 rial has been purposely altered at the molecular or

4 cellular level in a way that could not result from the

5 natural reproductive process of that species.

6 (5) The term ‘‘Sea Grant director’’ means di7 rector of a college, program, or regional consortium

8 designated under the National Sea Grant College

9 Program Act (33 U.S.C. 1121 et seq.).

10 (6) The term ‘‘Secretary’’ means the Secretary

11 of Commerce.

12 (7) The term ‘‘Strategy’’ means the National

13 Marine Biotechnology Strategy developed under sec14 tion 2104, or any revision thereof.

15 SEC. 2104. NATIONAL MARINE BIOTECHNOLOGY STRATEGY.

16 (a) IN GENERAL.—The Director shall develop a Na17 tional Marine Biotechnology Strategy for the establish18 ment and implementation of a comprehensive research and

19 development effort to assist the nation in understanding

20 and using marine biotechnology. The Director shall submit

21 the Strategy to the President and Congress within one

22 year after the date of enactment of this Title and shall

23 submit a revised Strategy at least once every three years

24 thereafter.
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1 (b) ELEMENTS OF THE STRATEGY.—The Strategy

2 shall—

3 (1) establish, for the five-year period beginning

4 in the year the Strategy is submitted, goals and pri5 orities for a coordinated Federal effort in marine

6 biotechnology;

7 (2) describe specific activities to achieve such

8 goals and priorities, including—

9 (A) basic and applied research initiatives;

10 (B) essential infrastructure development;

11 (C) education and training programs;

12 (D) development of partnerships among

13 government agencies, industry, and academia to

14 translate research findings into practical use;

15 (E) applications of marine biotechnology

16 which can be used to contribute to the economic

17 stability and vitality of economies based on tra18 ditional fisheries.

19 (3) set forth the role of each participation fed20 eral agency and department, identifying and ad21 dressing (consistent with the responsibilities estab22 lished in this Title) relevant programs and activities

23 of such agencies and departments that would con24 tribute to the effort;
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1 (4) estimate, to the extent practicable, funding

2 requirements for the federal marine biotechnology

3 effort described in the Strategy; and

4 (5) provide for, which respect to federally fund5 ed activities that may involve release of organisms,

6 coordinated oversight by Federal departments and

7 agencies, including development of—

8 (A) guidelines and performance standards

9 that are necessary for the safe conduct of such

10 activities and for preventing significant environ11 mental risk; and

12 (B) procedures to ensure compliance with

13 such guidelines and performance standards.

14 (c) CONSULTATION.—In developing and revising the

15 Strategy, the Director—

16 (1) shall consult with Federal, State, academic,

17 commercial, and environmental entities involved in

18 marine biotechnology; and

19 (2) may convene meetings and workshops, in

20 consultation with the National Academy of Sciences

21 and the Sea Grant directors.

22 SEC. 2105. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN23 ISTRATION.

24 (a) IN GENERAL.—The Secretary, in consultation

25 with the council, shall, within the National Oceanic and
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1 Atmospheric Administration, maintain a balanced pro2 gram of marine biotechnology activities, comprised of—

3 (1) the program established by section 206 of

4 the National Sea Grant College Program Act (33

5 U.S.C. 1121 et seq.), as added by section 2106 of

6 this Title;

7 (2) research conducted under agreements with

8 academic institutions for the purposes of developing

9 and applying marine biotechnology to the manage10 ment, conservation, and use of living marine re11 sources; and

12 (3) marine forensics, biotoxins, and

13 microbiological research on new methods for ensur14 ing the safety of seafood, implementing and enforc15 ing marine environmental statutes, and addressing

16 coastal pollution.

17 (b) RESTRICTION RELATING TO RELEASE OF ORGA18 NISMS.—

19 (1) IN GENERAL.—The Secretary shall not con20 duct activities (either directly or through the award

21 of a grant or contract) that may involve release of

22 organisms, unless such activities—

23 (A) have been reviewed and approved under

24 other applicable Federal law; or
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1 (B) are found by the Secretary, based on the

2 Secretary’s written assessment, to pose no signifi3 cant environmental risk.

4 (2) CONDITIONS FOR MAKING A FINDING.—The

5 Secretary may make a finding under subparagraph

6 (1)(B)—

7 (A) in the case of an intentional release of

8 organisms, only after providing notice and an

9 opportunity for public comment;

10 (B) within 18 months after the date of the

11 enactment of this Title only, if the Secretary in12 cludes with the finding a brief but complete de13 scription of the basis for that finding; and

14 (C) after 18 months after the date of the

15 enactment of this Title, only after guidelines,

16 performance standards, and procedures nec17 essary for the safe conduct of activities by the

18 Department of Commerce that may involve the

19 release of organisms have been developed.

20 (c) TERMINATION OF AWARD.—The Secretary shall

21 promptly withdraw any award made under this Title if the

22 Secretary determines that the grantee or contractee in

23 question has failed to abide by the applicable guidelines,

24 performance standards, and procedures referred to in this

25 section or section 2104 of this Title.
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1 (d) RESTRICTION ON PACIFIC SALMON.—The Sec2 retary shall only conduct research or award a grant or

3 contract for marine biotechnology applications intended to

4 promote or enhance farming, ranching, or other forms of

5 captive cultivation (other than stock identification or

6 hatchery enhancement of wild stocks) of any species of Pa7 cific salmon upon making a written finding that such

8 award, grant, or contract will not be detrimental to the

9 economic stability and responsible development of tradi10 tional coastal economies which rely substantially on the

11 harvest of wild stocks of Pacific salmon for a significant

12 portion of their livelihood.

13 (e) AUTHORIZATION OF APPROPRIATIONS.—In addi14 tion to the sums authorized to be appropriated under sec15 tion 212 of the National Sea Grant College Program Act

16 (33 U.S.C. 1131), there are authorized to be appropriated

17 to the Secretary, to enable the National Oceanic and At18 mospheric Administration to carry out this Title,

19 $12,000,000 for each of fiscal years 1994, 1995, 1996,

20 and 1997.

21 SEC. 2106. SEA GRANT MARINE BIOTECHNOLOGY PRO22 GRAM.

23 (a) ESTABLISHMENT.—The National Sea Grant Col24 lege Program Act (33 U.S.C. 1121 et seq.) is amended
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1 by inserting immediately after section 205 the following

2 new section:

3 ‘‘SECTION 206. MARINE BIOTECHNOLOGY PROGRAM.

4 ‘‘(a) MARINE BIOTECHNOLOGY PROGRAM.—Subject

5 to the availability of appropriations under section 212(c),

6 the national sea grant college program provided for under

7 section 204 shall include a marine biotechnology program

8 under which the Secretary, acting through the Director,

9 shall—

10 ‘‘(1) make grants and enter into contracts in

11 accordance with this section; and

12 ‘‘(2) engage in other activities authorized under

13 this Act; to further research, development, edu14 cation, technology transfer, and risk assessment in

15 marine biotechnology.

16 ‘‘(b) ADMINISTRATION.—In carrying out the marine

17 biotechnology program, the Secretary shall—

18 ‘‘(1) coordinate the relevant activities of the di19 rectors of the sea grant colleges and the Marine Bio20 technology Review Panel established under sub21 section (d); and

22 ‘‘(2) provide general oversight of the review

23 process under subsection (d)(1) to ensure that the

24 marine biotechnology program produces the highest
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1 quality research, development, education, and tech2 nology transfer.

3 ‘‘(c) GRANTS AND CONTRACTS.—

4 ‘‘(1) APPLICATIONS.—Applications for grants

5 and contracts under this section shall be—

6 ‘‘(A) made in such form and manner, and

7 include such content and submissions, as the

8 Secretary shall by advance notice prescribe;

9 ‘‘(B) forwarded by the appropriate direc10 tors of sea grant colleges, along with an evalua11 tion by those directors of merit and pro12 grammatic relevance, to the National Sea Grant

13 Office; and

14 ‘‘(C) reviewed by the Marine Biotechnology

15 Review Panel in accordance with subsection (d).

16 ‘‘(2) TERMS AND CONDITIONS.—Any reference

17 in subsection (d) of section 205 or in the last sen18 tence of subsection (a) of section 205 to grants and

19 contracts provided for under that section shall be

20 treated, as the context requires, as including any

21 grant applied for or made, or contract applied for or

22 entered into, under this section.

23 ‘‘(3) AWARDING OF GRANTS AND CONTRACTS.—

24 The Secretary shall award grants and contracts

25 under this section on the basis of the recommenda-
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1 tions for award made by the Marine Biotechnology

2 Review Panel under subsection (d).

3 ‘‘(d) MARINE BIOTECHNOLOGY REVIEW PANEL.—

4 ‘‘(1) ESTABLISHMENT AND DUTIES.—Subject

5 to the availability of appropriations under section

6 212(c), the Director, in consultation with the direc7 tors of the sea grant colleges, shall convene a panel,

8 to be known as the Marine Biotechnology Review

9 Panel, that shall—

10 ‘‘(A) review, on a competitive basis, the ap11 plications made under this section for grants

12 and contracts to determine their respective sci13 entific, technical, educational, and commercial

14 merits and likely contributions toward achieving

15 the purposes of this section; and

16 ‘‘(B) on the basis of the review under sub17 paragraph (A), and with due regard for the

18 overall balance and coordination of the marine

19 biotechnology program, make recommendations

20 to the Secretary regarding the awarding of

21 grants and contracts under this section.

22 ‘‘(2) MEMBERSHIP.—The Marine Biotechnology

23 Review Panel shall—

24 ‘‘(A) consist of not more than 15 individ25 uals with scientific or technical expertise in ma-
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1 rine biotechnology or relevant related fields, in2 cluding at least two qualified individuals with

3 expertise in marine or freshwater ecological risk

4 assessment;

5 ‘‘(B) reflect a balance among areas of ex6 pertise consistent with the purposes of this sec7 tion;

8 ‘‘(C) include not more than two federal

9 employees, none of which may be employees of

10 the National Oceanic and Atmospheric Admin11 istration;

12 ‘‘(D) not include directors of sea grant col13 leges; and

14 ‘‘(E) reflect geographic balance, consistent

15 with the primary objectives of a high level of ex16 pertise and balance among areas of expertise.

17 ‘‘(3) ALLOWANCES.—Each member of the Ma18 rine Biotechnology Review panel shall receive travel

19 expenses, including per diem in lieu of subsistence,

20 in accordance with sections 5702 and 5703 of title

21 5, United States Code.’’.

22 (b) DEFINITIONS.—(1) Section 203 of the National

23 Sea Grant College Program Act (33 U.S.C. 1122) is

24 amended by redesignating paragraphs (6) through (15) as
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1 paragraphs (7) through (16), respectively, and by insert2 ing after paragraph (5) the following new paragraph:

3 ‘‘(6) The term ‘marine biotechnology’ means

4 the application of molecular and cellular techniques

5 to marine and other aquatic organisms for the pur6 poses of—

7 ‘‘(A) identifying, isolating, developing and

8 enhancing products that are derived from the

9 aquatic environment;

10 ‘‘(B) developing new techniques and proc11 esses that may be applied to marine and coastal

12 resources; and

13 ‘‘(C) monitoring human health and treat14 ing diseases.’’.

15 (2) Section 203(4) of the National Sea Grant College

16 Program Act (33 U.S.C. 1122(4) is amended by inserting

17 ‘‘marine biotechnology,’’ immediately after ‘‘marine tech18 nology,’’.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

20 212 of the National Sea Grant College Program Act (33

21 U.S.C. 1131) is amended—

22 (1) in subsection (b), by inserting ‘‘but not in23 cluding section 206’’ immediately after ‘‘section

24 209’’;
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1 (2) by redesignating subsections (c), (d), and

2 (e) as subsection (d), (e) and (f) respectively; and

3 (3) by inserting immediately after subsection

4 (b) the following new subsection:

5 ‘‘(c) MARINE BIOTECHNOLOGY PROGRAM.—

6 ‘‘(1) GRANTS AND CONTRACTS.—There is au7 thorized to be appropriated to carry out the provi8 sions of section 206 (other than for administration)

9 an amount —

10 ‘‘(A) for each of fiscal years 1994 and

11 1995, not to exceed $20,000,000; and

12 ‘‘(B) for each of fiscal years 1996 and

13 1997, not to exceed $25,000,000.

14 ‘‘(2) ADMINISTRATION.—There is authorized to

15 be appropriated for the administration of section

16 206, an amount—

17 ‘‘(A) for each of fiscal years 1994 and

18 1995, not to exceed $200,000; and

19 ‘‘(B) for each of fiscal years 1996 and

20 1997, not to exceed $250,000.’’.

21 TITLE XXII—MERCHANT

22 MARINER BENEFITS

23 SEC. 2201. MERCHANT MARINER BENEFITS.

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

25 is amended by adding the following new chapter:

‘‘CHAPTER 112—MERCHANT MARINER BENEFITS
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‘‘Sec.

‘‘11201. Qualified service.

‘‘11202. Qualified service benefits.

1 ‘‘§ 11201. Qualified service

2 ‘‘An individual who was in training for, or who served

3 as a member of, the United States merchant marine dur4 ing World War II, including the Army Transport Service

5 and the Naval Transportation Service, or who received a

6 notice of induction, before September 2, 1945, is deemed

7 to have been engaged in qualified service for purposes of

8 this chapter.

9 ‘‘§ 11202. Qualified service benefits

10 ‘‘(a) An individual who believes that individual per11 formed qualified service under section 11201 of this chap12 ter may apply to the Secretary. Not later than 180 days

13 after the Secretary receives an application under this sec14 tion, the Secretary shall determine whether the individual

15 performed qualified service.

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

17 to an individual who performed qualified service as deter18 mined by the Secretary under subsection (a). The Sec19 retary shall issue the discharge subject to the standards

20 that apply to honorable discharges issued under section

21 401(a)(1)(b) of the GI Bill Improvement Act of 1977 (38

22 U.S.C. 106 note).

23 ‘‘(c) The qualified service of an individual who—
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1 ‘‘(1) receives an honorable discharge under sub2 section (b); and

3 ‘‘(2) is not eligible for benefits under a law ad4 ministered by the Secretary of Veterans Affairs—

5 shall be treated as active duty in the armed forces during

6 a period of war for purposes of eligibility for benefits

7 under chapters 23 and 24 of title 38, United States Code.

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

9 Veterans Affairs for the value of benefits provided to an

10 individual by reason of eligibility under this chapter.

11 ‘‘(e) An individual is not entitled to, and may not re12 ceive, benefits under this chapter for any period before the

13 date of enactment of this chapter.’’.

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

15 46, United States Code, is amended by inserting after the

16 item relating to chapter 111 the following:

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

17 TITLE XXIII—DOCUMENTATION

18 OF VESSELS

19 SEC. 2301. AUTHORIZATION OF DOCUMENTATION FOR VAR20 IOUS VESSELS.

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

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

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

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

25 12107, and 12108 of title 46, United States Code, the
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1 Secretary of the department in which the Coast Guard is

2 operating may issue a certificate of documentation with

3 appropriate endorsements for the vessels listed in sub4 section (b).

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

6 subsection (a) are the following:

7 (1) ABORIGINAL (United States official num8 ber 942118).

9 (2) ALPHA TANGO (United States official

10 number 945782).

11 (3) ANNAPOLIS (United States official num12 ber 999008).

13 (4) ARTHUR ATKINSON (former United

14 States official number 214656).

15 (5) ATTITUDE (North Carolina registration

16 number NC3607AN).

17 (6) BAGGER (Hawaii registration number

18 HI1809E).

19 (7) BIG DAD (United States official number

20 565022).

21 (8) BIG GUY (United States official number

22 939310).

23 (9) BROKEN PROMISE (United States offi24 cial number 904435).
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1 (10) CHESAPEAKE (United States official

2 number 999010).

3 (11) CHRISSY (Maine registration number

4 ME4778B).

5 (12) CONSORT (United States official number

6 999005).

7 (13) CURTIS BAY (United States official

8 number 999007).

9 (14) EAGLE MAR (United States official num10 ber 575349).

11 (15) EMERALD AYES (United States official

12 number 986099).

13 (16) EMPRESS (United States official number

14 975018).

15 (17) ENDEAVOR (United States official num16 ber 947869).

17 (18) FIFTY ONE (United States official num18 ber 1020419).

19 (19) FIREBIRD (United States official number

20 253656).

21 (20) GIBRALTAR (United States official num22 ber 668634).

23 (21) HAMPTON ROADS (United States offi24 cial number 999009).
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1 (22) INTREPID (United States official number

2 508185).

3 (23) ISABELLE (United States official num4 ber 600655).

5 (24) JAMESTOWN (United States official

6 number 999006).

7 (25) JOAN MARIE (North Carolina official

8 number NC2319AV).

9 (26) KLIPPER (New York registration number

10 NY8166AN).

11 (27) L.R. BEATTIE (United States official

12 number 904161).

13 (28) LADY ANGELA (United States official

14 number 933045).

15 (29) LADY HAWK (United States official

16 number 961095).

17 (30) LADY HELEN (United States official

18 number 527746).

19 (31) MANDIRAN (United States official num20 ber 939915).

21 (32) MEMORY MAKER (Maryland registra22 tion number MD8867AW, hull number 3151059).

23 (33) OLD HAT (United States official number

24 508299).
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1 (34) ORCA (United States official number

2 504279).

3 (35) REEL TOY (United States official num4 ber 698383).

5 (36) RENDEZVOUS (United States official

6 number 924140).

7 (37) SALLIE D (Maryland registration number

8 MD2655A).

9 (38) SEAHAWK (United States official num10 ber 673537).

11 (39) SEAHAWK III (United States official

12 number 996375).

13 (40) SEA MISTRESS (United States official

14 number 696806).

15 (41) SERENITY (United States official num16 ber 1021393).

17 (42) SHAMROCK V (United States official

18 number 900936).

19 (43) SILENT WINGS (United States official

20 number 969182).

21 (44) SUNSHINE (United States official num22 ber 974320).

23 (45) TECUMSEH (United States official num24 ber 668633).
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1 (46) VIKING (former United States official

2 number 224430).

3 (47) WHY KNOT (United States official num4 ber 688570).

5 (48) WOLF GANG II (United States official

6 number 984934).

7 (49) A hopper barge owned by Foley & Foley

8 Marine Contractors, Inc. (United States official

9 number 264959).

10 (50) Each of 2 barges owned by Roen Salvage

11 Co., numbered 103 and 203.

12 (51) Each of 3 spud barges owned by Dan’s

13 Excavating, Inc., as follows:

14 (A) Spud barge 102 (United States official

15 number 1021958).

16 (B) Spud barge 103 (United States official

17 number 1021960).

18 (C) Spud barge 968 (United States official

19 number 1021959).

20 (52) Each of 3 barges owned by Harbor Marine

21 Corporation of Rhode Island, as follows:

22 (A) HARBOR 223 (approximately 110

23 feet in length).

24 (B) GENE ELIZABETH (approximately

25 200 feet in length).
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1 (C) HARBOR 221 (approximately 90 feet

2 in length).

3 (53) SMALLEY 6808 Amphibious Dredge

4 (Florida registration number FL1855FF).

5 (54) TOO MUCH FUN (United States official

6 number 936565).

7 SEC. 2302. AUTHORIZATION OF DOCUMENTATION FOR THE

8 ATLANTIS III.

9 Notwithstanding section 27 of the Merchant Marine

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

11 (46 App. U.S.C. 289), and section 12106 of title 46, Unit12 ed States Code, the Secretary of the department in which

13 the Coast Guard is operating may issue a certificate of

14 documentation with appropriate coastwise endorsement

15 for employment in the coastwise trade in Alaska during

16 the period beginning May 1, 1995, and ending October

17 31, 1996, for the vessel ATLANTIS III (Coast Guard

18 MSIS number CG006455).

19 SEC. 2303. AUTHORIZATION OF SALE AND REREGISTRA20 TION.

21 Notwithstanding any other law or agreement with the

22 United States Government, the vessels SS LAKE

23 CHARLES (United States official number 619531) and

24 SS LOUISIANA (United States official number 619532)

25 may be sold to a person that is not a citizen of the United
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1 States and transferred to or placed under a foreign reg2 istry if an application to authorize payment of operating3 differential subsidy to the vessels is not approved by De4 cember 15, 1994.

5 SEC. 2304. VESSEL DOCUMENTATION FOR CHARITY

6 CRUISES.

7 (a) AUTHORITY TO DOCUMENT VESSELS.—

8 (1) IN GENERAL.—Notwithstanding section 27

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

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

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

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

13 the department in which the Coast Guard is operat14 ing may issue a certificate of documentation with a

15 coastwise endorsement for each of the vessels—

16 (A) GALLANT LADY (Feadship hull

17 number 645, approximately 130 feet in length);

18 and

19 (B) GALLANT LADY (Feadship hull

20 number 651, approximately 172 feet in length).

21 (2) LIMITATION ON OPERATION.—Coastwise

22 trade authorized under a certificate of documenta23 tion issued for a vessel under this section shall be

24 limited to carriage of passengers in association with

25 contributions to charitable organizations no portion
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1 of which is received, directly or indirectly, by the

2 owner of the vessel.

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

4 any certificate of documentation under paragraph

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

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

7 ‘‘owner’’), within 90 days after the date of the en8 actment of this Act, submits to the Secretary a let9 ter expressing the intent of the owner to enter into

10 a contract before October 1, 1996, for construction

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

12 130 feet in length.

13 (4) EFFECTIVE DATE OF CERTIFICATES.—A

14 certificate of documentation issued under paragraph

15 (1)—

16 (A) for the vessel referred to in paragraph

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

18 of the certificate; and

19 (B) for the vessel referred to in paragraph

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

21 of the vessel to the owner.

22 (b) TERMINATION OF EFFECTIVENESS OF CERTIFI23 CATES.—A certificate of documentation issued for a vessel

24 under subsection (a)(1) shall expire—
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1 (1) on the date of the sale of the vessel by the

2 owner;

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

4 entered into a contract for construction of a vessel

5 in accordance with the letter of intent submitted to

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

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

8 breached, rescinded, or terminated (other than for

9 completion of performance of the contract) by the

10 owner.

11 SEC. 2305. EXTENSION OF DEADLINE FOR THE M/V TWIN

12 DRILL.

13 Section 601(d) of Public Law 103–206 is amended

14 by striking ‘‘June 30’’ in subpart (3) and inserting ‘‘De15 cember 31’’ and by striking ‘‘12’’ in subpart (4) and in16 serting ‘‘18’’.

17 SEC. 2306. COASTWISE TRADE AUTHORIZATION FOR

18 HOVERCRAFT.

19 Notwithstanding section 27 of the Merchant Marine

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

21 (46 App. U.S.C. 289), and sections 12106 and 12107 of

22 title 46, United States Code, the Secretary of Transpor23 tation may issue a certificate of documentation with a

24 coastwise endorsement for each of the vessels IDUN VI25 KING (Danish Registration number A433), LIV VIKING
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1 (Danish Registration number A394), and FREJA VI2 KING (Danish Registration number A395) if—

3 (1) all repair and alteration work on the vessels

4 necessary to their operation under this section is

5 performed in the United States;

6 (2) a binding contract for the construction in

7 the United States of at least 3 similar vessels for the

8 coastwise trade is executed by the owner of the ves9 sels within 6 months after the date of enactment of

10 this Act; and

11 (3) the vessels constructed under the contract

12 entered into under paragraph (1) are to be delivered

13 within 3 years after the date of entering into that

14 contract.

15 SEC. 2307. WRECKED VESSEL.

16 The M/V SPIRIT OF THE PACIFIC NORTH17 WEST (Bahamian official number 725338) shall be con18 sidered to have met the requirements of the section 4136

19 of the Revised Statutes of the United States (46 App.

20 U.S.C. 14), if the Secretary of Transportation deter21 mines—

22 (1) that the vessel was purchased or salvaged

23 by a United States corporation and subsequently re24 paired in a shipyard in the United States; and
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1 (2) that repairs to the vessel were equal to or

2 greater than three times the appraised salved value

3 of the vessel.

Passed the House of Representatives October 7,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.

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