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103D CONGRESS

2D SESSION H. R. 4852

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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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. Protection of seamen against discrimination.

Sec. 1506. Manning and licensing requirements for towing vessels.

Sec. 1507. Civil penalties.

Sec. 1508. Model towing vessel company inspection program.

TITLE XVI—MERCHANT MARINER BENEFITS

Sec. 1601. Merchant mariner benefits.

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.

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.
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Sec. 1803. National Ballast Water Management Demonstration Program.

Sec. 1804. Authorization of appropriations.

TITLE XIX—ADDITIONAL MISCELLANEOUS PROVISIONS

Sec. 1901. Amendment to require EPIRBs on the Great Lakes.

Sec. 1902. Implementation of oil pollution requirements with respect to vegetable oil.

Sec. 1903. Dual purpose vessel.

Sec. 1904. Equitable treatment of United States ocean freight forwarders by

ocean carrier conferences.

Sec. 1905. Florida Avenue Bridge.

Sec. 1906. Limitation on consolidation of Houston and Galveston marine safety

offices.

Sec. 1907. Buy American requirement for Surface Search Radar Systems and

multibeam sonar.

Sec. 1908. Special recruiting authority to achieve diversity.

Sec. 1909. Recommendations on actions for the protection of the North Atlantic right whale.

Sec. 1910. Prohibition on diversion of drug interdiction funds.

Sec. 1911. Limitation on authority of states to regulate gambling devices on

vessels.

Sec. 1912. Pollution from ships.

Sec. 1913. Cost accounting for Haitian operations.

Sec. 1914. Plan for rescue of passengers on the Chesapeake Bay.

Sec. 1915. Board for correction of military records deadline.

Sec. 1916. Sense of the Congress regarding passengers aboard commercial vessels.

TITLE XX—MARINE BIOTECHNOLOGY INVESTMENT ACT OF 1993

Sec. 2001. Short title.

Sec. 2002. Findings.

Sec. 2003. Definitions.

Sec. 2004. National marine biotechnology strategy.

Sec. 2005. National Oceanic and Atmospheric Administration.

Sec. 2006. Sea Grant Marine Biotechnology Program.

TITLE XXI—DOCUMENTATION OF VESSELS

Sec. 2101. Authorization of documentation for various vessels.

Sec. 2102. Authorization of documentation for the ATLANTIS III.

Sec. 2103. Vessel documentation for charity cruises.

Sec. 2104. Extension of deadline for the M/V TWIN DRILL.

Sec. 2105. Coastwise trade authorization for hovercraft.

Sec. 2106. Wrecked vessel.

Sec. 2107. Authorization for R/V ROSS SEAL to be documented under the

laws of a foreign country.
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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

10 Management Measures by Fishing Vessels on the

11 High Seas, adopted by the Conference of the Food

12 and Agriculture Organization of the United Nations

13 on November 24, 1993; and

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

15 and regulation for vessels of the United States fish16 ing on the high seas.

17 SEC. 103. DEFINITIONS.

18 As used in this Act:

19 (1) The term ‘‘Agreement’’ means the Agree20 ment to Promote Compliance with International

21 Conservation and Management Measures by Fishing

22 Vessels on the High Seas, adopted by the Con23 ference of the Food and Agriculture Organization of

24 the United Nations on November 24, 1993.
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1 (2) The term ‘‘FAO’’ means the Food and Ag2 riculture Organization of the United Nations.

3 (3) The term ‘‘high seas’’ means the waters be4 yond the territorial sea or exclusive economic zone

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

6 such territorial sea or exclusive economic zone (or

7 the equivalent) is recognized by the United States.

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

9 any vessel of the United States used or intended for

10 use—

11 (A) on the high seas;

12 (B) for the purpose of the commercial ex13 ploitation of living marine resources; and

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

15 ship, or as any other support vessel directly en16 gaged in a fishing operation.

17 (5) The term ‘‘international conservation and

18 management measures’’ means measures to conserve

19 or manage one or more species of living marine re20 sources that are adopted and applied in accordance

21 with the relevant rules of international law, as re22 flected in the 1982 United Nations Convention on

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

24 United States. Such measures may be adopted by

25 global, regional, or sub-regional fisheries organiza-
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1 tions, subject to the rights and obligations of their

2 members, or by treaties or other international agree3 ments.

4 (6) The term ‘‘length’’ means—

5 (A) for any high seas fishing vessel built

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

7 length on a waterline at 85 percent of the least

8 molded depth measured from the top of the

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

10 to the axis of the rudder stock on that water11 line, if that is greater. In ships designed with

12 a rake or keel the waterline on which this

13 length is measured shall be parallel to the de14 signed waterline; and

15 (B) for any high seas fishing vessel built

16 before July 18, 1982, registered length as en17 tered on the vessel’s documentation.

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

19 (whether or not a citizen of or national of the

20 United States), any corporation, partnership, asso21 ciation, or other entity (whether or not organized or

22 existing under the laws of any State), and any Fed23 eral, State, local, or foreign government or any en24 tity of any such government.
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1 (8) The term ‘‘Secretary’’ means the Secretary

2 of Commerce.

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

4 means—

5 (A) a vessel documented under chapter

6 121 of title 46, United States Code, or num7 bered in accordance with chapter 123 of title

8 46, United States Code;

9 (B) a vessel owned in whole or part by—

10 (i) the United States or a territory,

11 commonwealth, or possession of the United

12 States;

13 (ii) a State or political subdivision

14 thereof;

15 (iii) a citizen or national of the United

16 States; or

17 (iv) a corporation created under the

18 laws of the United States or any State, the

19 District of Columbia, or any territory,

20 commonwealth, or possession of the United

21 States; unless the vessel has been granted

22 the nationality of a foreign nation in ac23 cordance with article 92 of the 1982

24 United Nations Convention on the Law of

25 the Sea and a claim of nationality or reg-
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1 istry for the vessel is made by the master

2 or individual in charge at the time of the

3 enforcement action by an officer or em4 ployee of the United States authorized to

5 enforce applicable provisions of the United

6 States law; and

7 (C) a vessel that was once documented

8 under the laws of the United States and, in vio9 lation of the laws of the United States, was ei10 ther sold to a person not a citizen of the United

11 States or placed under foreign registry or a for12 eign flag, whether or not the vessel has been

13 granted the nationality of a foreign nation.

14 (10) The terms ‘‘vessel subject to the jurisdic15 tion of the United States’’ and ‘‘vessel without na16 tionality’’ have the same meaning as in section

17 1903(c) of title 46 United States Code Appendix.

18 SEC. 104. LICENSING.

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

20 engage in harvesting operations on the high seas unless

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

22 section.

23 (b) ELIGIBILITY.—

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

25 to receive a license under this section, unless the
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1 vessel was previously authorized to be used for fish2 ing on the high seas by a foreign nation, and

3 (A) the foreign nation suspended such au4 thorization because the vessel undermined the

5 effectiveness of international conservation and

6 management measures, and the suspension has

7 not expired; or

8 (B) the foreign nation, within the last

9 three years preceding application for a license

10 under this section, withdrew such authorization

11 because the vessel undermined the effectiveness

12 of international conservation and management

13 measures.

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

15 apply if ownership of the vessel has changed since

16 the vessel undermined the effectiveness of inter17 national conservation and management measures,

18 and the new owner has provided sufficient evidence

19 to the Secretary demonstrating that the previous

20 owner or operator has no further legal, beneficial or

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

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

23 apply if the Secretary makes a determination that

24 issuing a license would not subvert the purposes of

25 the Agreement.
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1 (4) The Secretary may not issue a license to a

2 vessel unless the Secretary is satisfied that the

3 United States will be able to exercise effectively its

4 responsibilities under the Agreement with respect to

5 that vessel.

6 (c) APPLICATION.—

7 (1) The owner or operator of a high seas fish8 ing vessel may apply for a license under this section

9 by completing an application form prescribed by the

10 Secretary.

11 (2) The application form shall contain—

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

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

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

15 (C) the vessel’s International Radio Call

16 Sign (if any);

17 (D) the names and addresses of the ves18 sel’s owners and operators;

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

20 (F) the type of vessel;

21 (G) the vessel’s length; and

22 (H) any other information the Secretary

23 requires.

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

25 conditions and restrictions on each license issued under
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1 this section as are necessary and appropriate to carry out

2 the obligations of the United States under the Agreement,

3 including but not limited to the following:

4 (1) The vessel shall be marked in accordance

5 with the FAO Standard Specifications for the Mark6 ing and Identification of Fishing Vessels, or with

7 regulations issued under section 305 of the Magnu8 son Fishery Conservation and Management Act (16

9 U.S.C. 1855).

10 (2) The license holder shall report such infor11 mation as the Secretary by regulation requires, in12 cluding area of fishing operations and catch statis13 tics. The Secretary shall promulgate regulations con14 cerning conditions under which information submit15 ted under this paragraph may be released.

16 (e) FEES.—

17 (1) The Secretary may by regulation establish

18 the level of fees to be charged for licenses issued

19 under this section. The amount of any fee charged

20 for a license issued under this section may not ex21 ceed the administrative costs incurred in issuing

22 such licenses. The licensing fee shall be in addition

23 to any fee required under any regional licensing re24 gime applicable to high seas fishing vessels.
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1 (2) The fees authorized by paragraph (1) shall

2 be collected and credited to the Operations, Re3 search and Facilities account of the National Oce4 anic and Atmospheric Administration. Fees collected

5 under this subsection shall be available for the nec6 essary expenses of the National Oceanic and Atmos7 pheric Administration in implementing this Act, and

8 shall remain available until expended.

9 (f) DURATION.—A license issued under this section

10 is valid for the period specified in regulations issued under

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

12 in the event the vessel is no longer eligible for United

13 States documentation, such documentation is revoked or

14 denied, or the vessel is deleted from such documentation.

15 SEC. 105. RESPONSIBILITIES OF THE SECRETARY.

16 (a) RECORD.—The Secretary shall maintain an auto17 mated file or record of high seas fishing vessels issued li18 censes under section 104, including all information sub19 mitted under section 104(c)(2).

20 (b) INFORMATION TO FAO.—The Secretary, in co21 operation with the Secretary of State and the Secretary

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

23 shall—
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1 (1) make available to FAO information con2 tained in the record maintained under subsection

3 (a);

4 (2) promptly notify FAO of changes in such in5 formation;

6 (3) promptly notify FAO of additions to or de7 letions from the record, and the reason for any dele8 tion;

9 (4) convey to FAO information relating to any

10 license granted under section 104(b)(3), including

11 the vessel’s identity, owner or operator, and factors

12 relevant to the Secretary’s determination to issue

13 the license;

14 (5) report promptly to FAO all relevant infor15 mation regarding any activities of high seas fishing

16 vessels that undermine the effectiveness of inter17 national conservation and management measures, in18 cluding the identity of the vessels and any sanctions

19 imposed; and

20 (6) provide the FAO a summary of evidence re21 garding any activities of foreign vessels that under22 mine the effectiveness of international conservation

23 and management measures.

24 (c) INFORMATION TO FLAG NATIONS.—If the Sec25 retary, in cooperation with the Secretary of State and the
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1 Secretary of the department in which the Coast Guard is

2 operating, has reasonable grounds to believe that a foreign

3 vessel has engaged in activities undermining the effective4 ness of international conservation and management meas5 ures, the Secretary shall—

6 (1) provide to the flag nation information, in7 cluding appropriate evidentiary material, relating to

8 those activities; and

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

10 United States port, promptly notify the flag nation

11 and, if requested by the flag nation, make arrange12 ments to undertake such lawful investigatory meas13 ures as may be considered necessary to establish

14 whether the vessel has been used contrary to the

15 provisions of the Agreement.

16 (d) REGULATIONS.—The Secretary, after consulta17 tion with the Secretary of State and the Secretary of the

18 department in which the Coast Guard is operating, may

19 promulgate such regulations, in accordance with section

20 553 of title 5, United States Code, as may be necessary

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

22 The Secretary shall coordinate such regulations with any

23 other entities regulating high seas fishing vessels, in order

24 to minimize duplication of license application and report25 ing requirements. To the extent practicable, such regula-
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1 tions shall also be consistent with regulations implement2 ing fishery management plans under the Magnuson Fish3 ery Conservation and Management Act (16 U.S.C. 1801

4 et seq.).

5 (e) NOTICE OF INTERNATIONAL CONSERVATION AND

6 MANAGEMENT MEASURES.—The Secretary, in consulta7 tion with the Secretary of State, shall publish in the Fed8 eral Register, from time to time, a notice listing inter9 national conservation and management measures recog10 nized by the United States.

11 SEC. 106. UNLAWFUL ACTIVITIES.

12 It is unlawful for any person subject to the jurisdic13 tion of the United States—

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

15 seas in contravention of international conservation

16 and management measures described in section

17 105(e);

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

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

20 issued under section 104;

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

22 of the conditions or restrictions of a license issued

23 under section 104;

24 (4) to falsify any information required to be re25 ported, communicated, or recorded pursuant to this
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1 title or any regulation issued under this title, or to

2 fail to submit in a timely fashion any required infor3 mation, or to fail to report to the Secretary imme4 diately any change in circumstances that has the ef5 fect of rendering any such information false, incom6 plete, or misleading;

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

8 board a high seas fishing vessel subject to such per9 son’s control for purposes of conducting any search

10 or inspection in connection with the enforcement of

11 this title or any regulation issued under this title;

12 (6) to forcibly assault, resist, oppose, impede,

13 intimidate, or interfere with an authorized officer in

14 the conduct of any search or inspection described in

15 paragraph (5);

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

17 act prohibited by this section;

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

19 means, the apprehension, arrest, or detection of an20 other person, knowing that such person has commit21 ted any act prohibited by this section;

22 (9) to ship, transport, offer for sale, sell, pur23 chase, import, export, or have custody, control, or

24 possession of, any living marine resource taken or
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1 retained in violation of this title or any regulation or

2 license issued under this title; or

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

4 regulation or license issued under this title.

5 SEC. 107. ENFORCEMENT PROVISIONS.

6 (a) DUTIES OF SECRETARIES.—This title shall be en7 forced by the Secretary of Commerce and the Secretary

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

9 Such Secretaries may by agreement utilize, on a reimburs10 able basis or otherwise, the personnel, services, equipment

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

12 Federal agency, or of any State agency, in the perform13 ance of such duties. Such Secretaries shall, and the head

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

15 agreement with either such Secretary under this section

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

17 enforce the provisions of this title or any regulation or

18 license issued under this title.

19 (b) DISTRICT COURT JURISDICTION.—The district

20 courts of the United States shall have exclusive jurisdic21 tion over any case or controversy arising under the provi22 sions of this title. In the case of Guam, and any Common23 wealth, territory, or possession of the United States in the

24 Pacific Ocean, the appropriate court is the United States

25 District Court for the District of Guam, except that in
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1 the case of American Samoa, the appropriate court is the

2 United States District Court for the District of Hawaii.

3 (c) POWERS OF ENFORCEMENT OFFICERS.—

4 (1) Any officer who is authorized under sub5 section (a) to enforce the provisions of this title

6 may—

7 (A) with or without a warrant or other

8 process—

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

10 reasonable cause to believe that such per11 son has committed an act prohibited by

12 paragraph (6), (7), (8), or (9) of section

13 106;

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

15 high seas fishing vessel;

16 (iii) seize any high seas fishing vessel

17 (together with its fishing gear, furniture,

18 appurtenances, stores, and cargo) used or

19 employed in, or with respect to which it

20 reasonably appears that such vessel was

21 used or employed in, the violation of any

22 provision of this title or any regulation or

23 license issued under this title;

24 (iv) seize any living marine resource

25 (wherever found) taken or retained, in any
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1 manner, in connection with or as a result

2 of the commission of any act prohibited by

3 section 106; and

4 (v) seize any other evidence related to

5 any violation of any provision of this title

6 or any regulation or license issued under

7 this title;

8 (B) execute any warrant or other process

9 issued by any court of competent jurisdiction;

10 and

11 (C) exercise any other lawful authority.

12 (2) Subject to the direction of the Secretary, a

13 person charged with law enforcement responsibilities

14 by the Secretary who is performing a duty related

15 to enforcement of a law regarding fisheries or other

16 marine resources may make an arrest without a war17 rant for an offense against the United States com18 mitted in his presence, or for a felony cognizable

19 under the laws of the United States, if he has rea20 sonable grounds to believe that the person to be

21 arrested has committed or is committing a felony.

22 (d) ISSUANCE OF CITATIONS.—If any authorized offi23 cer finds that a high seas fishing vessel is operating or

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

25 such officer may issue a citation to the owner or operator
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1 of such vessel in lieu of proceeding under subsection (c).

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

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

4 under this subsection, including the date thereof and the

5 reason therefor, on the permit. The Secretary shall main6 tain a record of all citations issued pursuant to this sub7 section.

8 SEC. 108. CIVIL PENALTIES AND LICENSE SANCTIONS.

9 (a) CIVIL PENALTIES.—

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

11 after notice and opportunity for a hearing in accord12 ance with section 554 of title 5, United States Code,

13 to have committed an act prohibited by section 106

14 shall be liable to the United States for a civil pen15 alty. The amount of the civil penalty shall not exceed

16 $100,000 for each violation. Each day of a continu17 ing violation shall constitute a separate offense. The

18 amount of such civil penalty shall be assessed by the

19 Secretary by written notice. In determining the

20 amount of such penalty, the Secretary shall take

21 into account the nature, circumstances, extent, and

22 gravity of the prohibited acts committed and, with

23 respect to the violation, the degree of culpability,

24 any history of prior offenses, and such other matters

25 as justice may require.
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1 (2) The Secretary may compromise, modify, or

2 remit, with or without conditions, any civil penalty

3 that is subject to imposition or that has been im4 posed under this section.

5 (b) LICENSE SANCTIONS.—

6 (1) In any case in which—

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

8 used in the commission of an act prohibited

9 under section 106;

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

11 any other person who has been issued or has

12 applied for a license under section 104 has

13 acted in violation of section 106; or

14 (C) any amount in settlement of a civil for15 feiture imposed on a high seas fishing vessel or

16 other property, or any civil penalty or criminal

17 fine imposed on a high seas fishing vessel or on

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

19 other person who has been issued or has ap20 plied for a license under any fishery resource

21 statute enforced by the Secretary, has not been

22 paid and is overdue, the Secretary may—

23 (i) revoke any license issued to or ap24 plied for by such vessel or person under
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1 this title, with or without prejudice to the

2 issuance of subsequent licenses;

3 (ii) suspend such license for a period

4 of time considered by the Secretary to be

5 appropriate;

6 (iii) deny such license; or

7 (iv) impose additional conditions and

8 restrictions on such license.

9 (2) In imposing a sanction under this sub10 section, the Secretary shall take into account—

11 (A) the nature, circumstances, extent, and

12 gravity of the prohibited acts for which the

13 sanction is imposed; and

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

15 of culpability, any history of prior offenses, and

16 such other matters as justice may require.

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

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

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

20 time of transfer of ownership. Before executing the

21 transfer of ownership of a vessel, by sale or other22 wise, the owner shall disclose in writing to the pro23 spective transferee the existence of any license sanc24 tion that will be in effect or pending with respect to

25 the vessel at the time of the transfer. The Secretary
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1 may waive or compromise a sanction in the case of

2 a transfer pursuant to court order.

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

4 under this subsection for nonpayment of a civil pen5 alty or criminal fine, the Secretary shall reinstate

6 the license upon payment of the penalty or fine and

7 interest thereon at the prevailing rate.

8 (5) No sanctions shall be imposed under this

9 subsection unless there has been prior opportunity

10 for a hearing on the facts underlying the violation

11 for which the sanction is imposed, either in conjunc12 tion with a civil penalty proceeding under this sec13 tion or otherwise.

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

15 hearing under this section, the Secretary may issue sub16 poenas for the attendance and testimony of witnesses and

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

18 and may administer oaths. Witnesses summoned shall be

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

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

21 or refusal to obey a subpoena served upon any person pur22 suant to this subsection, the district court of the United

23 States for any district in which such person is found, re24 sides, or transacts business, upon application by the

25 United States and after notice to such person, shall have
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•HR 4852 EH1S

1 jurisdiction to issue an order requiring such person to ap2 pear and give testimony before the Secretary or to appear

3 and produce documents before the Secretary, or both, and

4 any failure to obey such order of the court may be pun5 ished by such court as a contempt thereof.

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

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

8 whose vessel a license sanction is imposed under sub9 section (b) (other than a license suspension for

10 nonpayment of penalty or fine) may obtain review thereof

11 in the United States district court for the appropriate dis12 trict by filing a complaint against the Secretary in such

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

14 sanction. The Secretary shall promptly file in such court

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

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

17 28, United States Code. The findings and order of the

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

19 found to be supported by substantial evidence, as provided

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

21 (e) COLLECTION.—

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

23 a civil penalty after it has become a final and

24 unappealable order, or after the appropriate court

25 has entered final judgment in favor of the Secretary,
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•HR 4852 EH1S

1 the matter shall be referred to the Attorney General,

2 who shall recover the amount assessed in any appro3 priate district court of the United States. In such

4 action the validity and appropriateness of the final

5 order imposing the civil penalty shall not be subject

6 to review.

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

8 fishing gear, furniture, appurtenances, stores, and

9 cargo) used in the commission of an act prohibited

10 by section 106 shall be liable in rem for any civil

11 penalty assessed for such violation under subsection

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

13 court of the United States having jurisdiction there14 of. Such penalty shall constitute a maritime lien on

15 such vessel that may be recovered in an action in

16 rem in the district court of the United States having

17 jurisdiction over the vessel.

18 SEC. 109. CRIMINAL OFFENSES.

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

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

21 (7), (8), or (9) of section 106.

22 (b) PUNISHMENT.—Any offense described in sub23 section (a) is a class A misdemeanor punishable by a fine

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

25 not more than one year, or both; except that if in the com-
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•HR 4852 EH1S

1 mission of any offense the person uses a dangerous weap2 on, engages in conduct that causes bodily injury to any

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

4 imminent bodily injury, the offense is a felony punishable

5 by a fine under title 18, United States Code, or imprison6 ment for not more than 10 years, or both.

7 SEC. 110. FORFEITURES.

8 (a) IN GENERAL.—Any high seas fishing vessel (in9 cluding its fishing gear, furniture, appurtenances, stores,

10 and cargo) used, and any living marine resources (or the

11 fair market value thereof) taken or retained, in any man12 ner, in connection with or as a result of the commission

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

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

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

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

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

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

19 proceeding under this section.

20 (b) JURISDICTION OF DISTRICT COURTS.—Any dis21 trict court of the United States shall have jurisdiction,

22 upon application of the Attorney General on behalf of the

23 United States, to order any forfeiture authorized under

24 subsection (a) and any action provided for under sub25 section (d).
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1 (c) JUDGMENT.—If a judgment is entered for the

2 United States in a civil forfeiture proceeding under this

3 section, the Attorney General may seize any property or

4 other interest declared forfeited to the United States,

5 which has not previously been seized pursuant to this title

6 or for which security has not previously been obtained.

7 The provisions of the customs laws relating to—

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

9 property for violation of the customs law;

10 (2) the disposition of such property or the pro11 ceeds from the sale thereof; and

12 (3) the remission or mitigation of any such for13 feiture;

14 shall apply to seizures and forfeitures incurred, or alleged

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

16 unless such provisions are inconsistent with the purposes,

17 policy, and provisions of this title.

18 (d) PROCEDURE.—

19 (1) Any officer authorized to serve any process

20 in rem that is issued by a court under section

21 107(b) shall—

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

23 (B) discharge any living marine resources

24 seized pursuant to such process;
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•HR 4852 EH1S

1 upon receipt of a satisfactory bond or other security

2 from any person claiming such property. Such bond

3 or other security shall be conditioned upon such per4 son delivering such property to the appropriate court

5 upon order thereof, without any impairment of its

6 value, or paying the monetary value of such property

7 pursuant to an order of such court. Judgment shall

8 be recoverable on such bond or other security

9 against both the principal and any sureties in the

10 event that any condition thereof is breached, as de11 termined by such court.

12 (2) Any living marine resources seized pursuant

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

14 the appropriate court, for not less than the fair mar15 ket value thereof. The proceeds of any such sale

16 shall be deposited with such court pending the dis17 position of the matter involved.

18 (e) REBUTTABLE PRESUMPTION.—For purposes of

19 this section, all living marine resources found on board

20 a high seas fishing vessel and which are seized in connec21 tion with an act prohibited by section 106 are presumed

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

23 but the presumption can be rebutted by an appropriate

24 showing of evidence to the contrary.
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1 SEC. 111. EFFECTIVE DATE.

2 This title shall take effect 120 days after the date

3 of enactment of this Act.

4 TITLE II—IMPLEMENTATION OF

5 CONVENTION ON FUTURE

6 MULTILATERAL COOPERA7 TION IN THE NORTHWEST AT8 LANTIC FISHERIES

9 SEC. 201. SHORT TITLE.

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

11 Fisheries Convention Act of 1994’’.

12 SEC. 202. REPRESENTATION OF UNITED STATES UNDER

13 CONVENTION.

14 (a) COMMISSIONERS.—

15 (1) APPOINTMENTS, GENERALLY.—The Sec16 retary shall appoint not more than 3 individuals to

17 serve as the representatives of the United States on

18 the General Council and the Fisheries Commission,

19 who shall each—

20 (A) be known as a ‘‘United States Com21 missioner to the Northwest Atlantic Fisheries

22 Organization’’; and

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

24 (2) REQUIREMENTS FOR APPOINTMENTS.—

25 (A) The Secretary shall ensure that of the

26 individuals serving as Commissioners—
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•HR 4852 EH1S

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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•HR 4852 EH1S

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 (b)

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

22 first—

23 (1) consulted with the appropriate Regional

24 Fishery Management Councils; and
36

•HR 4852 EH1S

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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•HR 4852 EH1S

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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•HR 4852 EH1S

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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•HR 4852 EH1S

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-
40

•HR 4852 EH1S

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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•HR 4852 EH1S

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 member of

19 the consultative committee shall serve for a term of two

20 years and shall be eligible for reappointment.

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

22 consultative committee may attend—

23 (1) all public meetings of the General Council

24 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

9 section.

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
43

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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

18 Convention.

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-
44

•HR 4852 EH1S

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
46

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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

7 Convention 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
48

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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-
49

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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

21 to carry out this Act, including use for payment of the

22 United States share of the joint expenses of the Commis23 sion as provided in Article X of the Convention, the follow24 ing sums:

25 ‘‘(1) For fiscal year 1994, $2,750,000, of which

26 $50,000 are authorized in the aggregate for the ad-
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1 visory committee established under section 4 and the

2 species working groups established under section 4A,

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

4 under this Act.

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

6 $62,000 are authorized in the aggregate for such

7 advisory committee and such working groups, and

8 $2,500,000 are authorized for such research activi9 ties.

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

11 $75,000 are authorized in the aggregate for such

12 advisory committee and such working groups, and

13 $2,500,000 are authorized for such research activi14 ties.’’.

15 SEC. 407. REPORT AND CERTIFICATION.

16 The Atlantic Tunas Convention Act of 1975 (16

17 U.S.C. 971 et seq.) is amended by adding at the end there18 of the following:

19 ‘‘ANNUAL REPORT

20 ‘‘SEC. 11. Not later than April 1, 1995, and annually

21 thereafter, the Secretary shall prepare and transmit to the

22 Committee on Merchant Marine and Fisheries of the

23 House of Representatives and the Committee on Com24 merce, Science, and Transportation of the Senate a report,

25 that—
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1 ‘‘(1) details for the previous 10-year period the

2 catches and exports to the United States of highly

3 migratory species (including tunas, swordfish, marlin

4 and sharks) from nations fishing on Atlantic stocks

5 of such species that are subject to management by

6 the Commission;

7 ‘‘(2) identifies those fishing nations whose har8 vests are inconsistent with conservation and manage9 ment recommendations of the Commission;

10 ‘‘(3) describes reporting requirements estab11 lished by the Secretary to ensure that imported fish

12 products are in compliance with all international

13 management measures, including minimum size re14 quirements, established by the Commission and

15 other international fishery organizations to which

16 the United States is a party; and

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

18 under section 12.

19 ‘‘CERTIFICATION

20 ‘‘SEC. 12. (a) If the Secretary determines that vessels

21 of any nation are harvesting fish which are subject to reg22 ulation pursuant to a recommendation of the Commission

23 and which were taken from the convention area in a man24 ner or under circumstances which would tend to diminish

25 the effectiveness of the conservation recommendations of
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1 the Commission, the Secretary shall certify such fact to

2 the President.

3 ‘‘(b) Such certification shall be deemed to be a certifi4 cation for the purposes of section 8 of the Fishermen’s

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

6 ‘‘(c) Upon certification under subsection (a), the Sec7 retary shall promulgate regulations under section 6(c)(4)

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

9 SEC. 408. SENSE OF THE CONGRESS REGARDING CON10 SERVATION AND MANAGEMENT OF ATLANTIC

11 BLUEFIN TUNA.

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

13 (1) Atlantic bluefin tuna are a valuable com14 mercial and recreational fishery of the United

15 States.

16 (2) Many other countries also harvest Atlantic

17 bluefin tuna in the Atlantic Ocean and the Medi18 terranean Sea.

19 (3) The International Commission for the Con20 servation of Atlantic Tunas (hereinafter in this sec21 tion referred to as the ‘‘Commission’’), was estab22 lished in 1969 to develop conservation and manage23 ment recommendations for Atlantic bluefin tuna and

24 other highly migratory species in the Atlantic Ocean

25 and the Mediterranean Sea.
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1 (4) The Commission adopted conservation and

2 management recommendations in 1974 to ensure the

3 recovery and sustainability of Atlantic bluefin tuna

4 throughout the Atlantic Ocean and the Mediterra5 nean Sea.

6 (5) In 1981, the Commission adopted a man7 agement strategy for Atlantic bluefin tuna predi8 cated on a hypothesis that 2 stocks of the fish ex9 isted: a western stock found in the Atlantic west of

10 45 degrees west longitude (hereinafter in this section

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

12 stock found in the Atlantic Ocean east of the 45 de13 gree line and in the Mediterranean Sea.

14 (6) Since 1981, the Commission has adopted

15 additional, more restrictive conservation and man16 agement recommendations for Atlantic bluefin tuna

17 for countries that harvest bluefin tuna west of the

18 45 degree line, including a 25 percent quota reduc19 tion since 1991 with an additional 40 percent quota

20 reduction scheduled for 1995.

21 (7) The United States and other Commission

22 members that harvest bluefin tuna west of the 45

23 degree line have implemented all conservation and

24 management recommendations adopted by the
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1 Commission for Atlantic bluefin tuna west of the 45

2 degree line.

3 (8) Many other Commission members do not

4 comply with the conservation and management rec5 ommendations adopted by the Commission for At6 lantic bluefin tuna east of the 45 degree line.

7 (9) A recent National Academy of Sciences re8 view of the scientific data used by the Commission

9 concluded that the available data is consistent with

10 a 1-stock management strategy for bluefin tuna in

11 the North Atlantic.

12 (10) The National Academy of Sciences review

13 also found that abundance of Atlantic bluefin tuna

14 in the western Atlantic has remained stable since

15 1988, in contrast to the roughly 50 percent decline

16 in abundance reported by the Commission.

17 (11) The continued unrestricted harvesting of

18 Atlantic bluefin tuna east of the 45 degree line and

19 in the Mediterranean Sea will undermine the con20 servation recommendations being implemented west

21 of the line to rebuild Atlantic bluefin tuna.

22 (12) In order to successfully rebuild the Atlan23 tic bluefin tuna stock, conservation and management

24 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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•HR 4852 EH1S

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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•HR 4852 EH1S

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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•HR 4852 EH1S

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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•HR 4852 EH1S

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

9 Pacific Salmon Treaty to address issues of mutual

10 concern.

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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•HR 4852 EH1S

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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•HR 4852 EH1S

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

2 following:

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

21 include—

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

15 following:

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

18 follows:

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

24 Interior may obligate not less than one-half of the

25 amount made available for each of fiscal years 1998
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1 and 1999 under section 4(b)(1)(C) of the Act of Au2 gust 9, 1950, as amended by section 1402(a)(1) of

3 this title, to make grants to any State to pay not

4 more than 75 percent of the cost of constructing or

5 renovating public facilities for transient

6 nontrailerable 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. PROTECTION OF SEAMEN AGAINST DISCRIMINA14 TION.

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

16 amended—

17 (1) by amending subsection (a) to read as fol18 lows:

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

20 master, or individual in charge of a vessel may not dis21 charge or in any manner discriminate against a seaman

22 because the seaman—

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

24 report to the Coast Guard that the seaman believes
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1 that a violation of this subtitle, or a regulation is2 sued under this subtitle, has occurred; or

3 ‘‘(2) refuses to violate this subtitle or a regula4 tion issued under this subtitle.’’; and

5 (2) in subsection (b)—

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

7 after the semicolon;

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

9 and inserting ‘‘; and’’; and

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

11 ‘‘(3) an award of costs and reasonable attor12 ney’s fees to the prevailing plaintiff.’’.

13 SEC. 1506. 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. 1507. 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. 1508. MODEL TOWING VESSEL COMPANY INSPECTION

2 PROGRAM.

3 (a) IN GENERAL.—Not later than 1 year after the

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

5 department in which the Coast Guard is operating, in con6 sultation with the Towing Safety Advisory Committee,

7 shall—

8 (1) develop a model towing vessel company in9 spection program, including a Coast Guard boarding

10 program to determine compliance with the model

11 program; and

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

13 model program and a description of the statutory

14 changes necessary to implement the model program.

15 (b) SAVINGS.—The requirement to submit a model

16 program under subsection (a) shall not be construed to

17 supersede or modify the authority of the Coast Guard to

18 inspect vessels under title 46, United States Code.

19 TITLE XVI—MERCHANT

20 MARINER BENEFITS

21 SEC. 1601. MERCHANT MARINER BENEFITS.

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

23 is amended by adding the following new chapter:
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1 ‘‘CHAPTER 112—MERCHANT MARINER

2 BENEFITS

‘‘Sec.

‘‘11201. Qualified service.

‘‘11202. Qualified service benefits.

3 ‘‘§ 11201. Qualified service

4 ‘‘An individual who was in training for, or who served

5 as a member of, the United States merchant marine dur6 ing World War II, including the Army Transport Service

7 and the Naval Transportation Service, or who received a

8 notice of induction, before September 2, 1945, is deemed

9 to have been engaged in qualified service for purposes of

10 this chapter.

11 ‘‘§ 11202. Qualified service benefits

12 ‘‘(a) An individual who believes that individual per13 formed qualified service under section 11201 of this chap14 ter may apply to the Secretary. Not later than 180 days

15 after the Secretary receives an application under this sec16 tion, the Secretary shall determine whether the individual

17 performed qualified service.

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

19 to an individual who performed qualified service as deter20 mined by the Secretary under subsection (a). The Sec21 retary shall issue the discharge subject to the standards

22 that apply to honorable discharges issued under section

23 401(a)(1)(b) of the GI Bill Improvement Act of 1977 (38

24 U.S.C. 106 note).
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1 ‘‘(c) The qualified service of an individual who—

2 ‘‘(1) receives an honorable discharge under sub3 section (b); and

4 ‘‘(2) is not eligible for benefits under a law ad5 ministered by the Secretary of Veterans Affairs—

6 shall be treated as active duty in the armed forces during

7 a period of war for purposes of eligibility for benefits

8 under chapters 23 and 24 of title 38, United States Code.

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

10 Veterans Affairs for the value of benefits provided to an

11 individual by reason of eligibility under this chapter.

12 ‘‘(e) An individual is not entitled to, and may not re13 ceive, benefits under this chapter for any period before the

14 date of enactment of this chapter.’’.

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

16 46, United States Code, is amended by inserting after the

17 item relating to chapter 111 the following:

‘‘112. Merchant mariner benefits .............................................................11201.’’.

18 TITLE XVII—LIGHTHOUSE AND

19 OTHER PROPERTY CONVEY20 ANCES

21 SEC. 1701. CONVEYANCE OF COAST GUARD PROPERTY IN

22 TRAVERSE CITY, MICHIGAN.

23 (a) REQUIREMENT.—The Secretary of Transpor24 tation (or any other official having control over the prop25 erty described in subsection (b)) shall expeditiously convey
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1 to the Traverse City Area Public School District in Tra2 verse City, Michigan, without consideration, all right, title,

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

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

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

6 (b) PROPERTY DESCRIBED.—The property referred

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

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

consisting of that part of the southeast 1 9 ⁄4 of Section 12,

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

12 thence north 03 degrees 05 minutes 25 seconds east along

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

14 86 degrees 36 minutes 50 seconds west 207.66 feet,

15 thence north 03 degrees 06 minutes 00 seconds east

16 572.83 feet to the point of beginning, thence north 86 de17 grees 54 minutes 00 seconds west 1,751.04 feet, thence

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

19 thence north 24 degrees 04 minutes 40 seconds east

20 439.86 feet, thence south 86 degrees 56 minutes 15 sec21 onds east 116.62 feet, thence north 03 degrees 08 minutes

22 45 seconds east 200.00 feet, thence south 87 degrees 08

23 minutes 20 seconds east 68.52 feet, to the southerly right24 of-way of the C & O Railroad, thence south 65 degrees

25 54 minutes 20 seconds east along said right-of-way
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1 1508.75 feet, thence south 03 degrees 06 minutes 00 sec2 onds west 400.61 to the point of beginning, consisting of

3 27.10 acres of land, and all improvements located on that

4 property 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 Traverse City School

12 District.

13 SEC. 1702. TRANSFER OF COAST GUARD PROPERTY IN

14 KETCHIKAN, ALASKA.

15 (a) CONVEYANCE REQUIREMENT.—The Secretary of

16 Transportation, in cooperation with the Administrator of

17 General Services, shall convey to the Ketchikan Indian

18 Corporation in Ketchikan, Alaska, without reimbursement

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

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

21 States in and to the property known as the ‘‘Former Ma22 rine Safety Detachment’’ as identified in Report of Excess

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

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

25 Indian Corporation as a health or social services facility.
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1 (b) PROPERTY DESCRIBED.—The property referred

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

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

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

5 and commencing at corner numbered 10, United States

6 Survey numbered 1079, the true point of beginning for

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

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

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

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

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

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

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

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

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

17 including buildings, structures, and equipment.

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

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

20 any conveyance of property described in subsection (b)

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

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

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

25 Corporation as a health or social services facility.
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1 SEC. 1703. CONVEYANCE OF LIGHT STATION MONTAUK

2 POINT, NEW YORK.

3 (a) CONVEYANCE REQUIREMENT.—

4 (1) REQUIREMENT.—The Secretary of Trans5 portation shall convey to the Montauk Historical As6 sociation in Montauk, New York, by an appropriate

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

8 the United States in and to property comprising

9 Light Station Montauk Point, located at Montauk,

10 New York.

11 (2) DETERMINATION OF PROPERTY.—The Sec12 retary may identify, describe, and determine the

13 property to be conveyed pursuant to this section.

14 (b) TERMS OF CONVEYANCE.—

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

16 pursuant to this section shall be made—

17 (A) without the payment of consideration;

18 and

19 (B) subject to the conditions required by

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

21 and conditions as the Secretary may consider

22 appropriate.

23 (2) REVERSIONARY INTEREST.—In addition to

24 any term or condition established pursuant to para25 graph (1), any conveyance of property comprising

26 the Montauk Light Station pursuant to subsection
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1 (a) shall be subject to the condition that all right,

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

3 shall immediately revert to the United States if the

4 property, or any part thereof—

5 (A) ceases to be maintained as a nonprofit

6 center for public benefit for the interpretation

7 and preservation of the material culture of the

8 United States Coast Guard, the maritime his9 tory of Montauk, New York, and Native Amer10 ican and colonial history;

11 (B) ceases to be maintained in a manner

12 that ensures its present or future use as a

13 Coast Guard aid to navigation; or

14 (C) ceases to be maintained in a manner

15 consistent with the provisions of the National

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

17 seq.).

18 (3) MAINTENANCE OF NAVIGATION AND FUNC19 TIONS.—Any conveyance of property pursuant to

20 this section shall be subject to such conditions as the

21 Secretary considers to be necessary to assure that—

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

23 associated lighthouse equipment located on the

24 property conveyed, which are active aids to

25 navigation, shall continue to be operated and
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1 maintained by the United States for as long as

2 they are needed for this purpose;

3 (B) the Montauk Historical Association

4 may not interfere or allow interference in any

5 manner with such aids to navigation without

6 express written permission from the United

7 States;

8 (C) there is reserved to the United States

9 the right to replace, or add any aids to naviga10 tion, or make any changes to the Montauk

11 Lighthouse as may be necessary for navigation

12 purposes;

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

14 at any time, to enter the property conveyed

15 without notice for the purpose of maintaining

16 navigation aids;

17 (E) the United States shall have an ease18 ment of access to such property for the purpose

19 of maintaining the navigational aids in use on

20 the property; and

21 (F) the Montauk Light Station shall revert

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

23 period beginning on any date on which the Sec24 retary of Transportation provides written notice

25 to the Montauk Historical Association that the
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1 Montauk Light Station is needed for national

2 security purposes.

3 (4) MAINTENANCE OF LIGHT STATION.—Any

4 conveyance of property under this section shall be

5 subject to the condition that the Montauk Historical

6 Association shall maintain the Montauk Light Sta7 tion in accordance with the provisions of the Na8 tional Historic Preservation Act (16 U.S.C. 470 et

9 seq.) and other applicable laws.

10 (5) LIMITATION ON OBLIGATIONS OF MONTAUK

11 HISTORICAL ASSOCIATION.—The Montauk Historical

12 Association shall not have any obligation to maintain

13 any active aid to navigation equipment on property

14 conveyed pursuant to this section.

15 (c) For purposes of this section—

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

17 the Coast Guard light station known as Light Sta18 tion Montauk Point, located at Montauk, New York,

19 including the keeper’s dwellings, adjacent Coast

20 Guard rights of way, the World War II submarine

21 spotting tower, the lighthouse tower, and the paint

22 locker; and

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

24 Coast Guard lighthouse located at the Montauk

25 Light Station.
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1 SEC. 1704. CONVEYANCE OF CAPE ANN LIGHTHOUSE.

2 (a) AUTHORITY TO CONVEY.—

3 (1) IN GENERAL.—The Secretary of Transpor4 tation shall convey to the town of Rockport, Massa5 chusetts, by an appropriate means of conveyance, all

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

7 to the property comprising the Cape Ann Light8 house, located on Thachers Island, Massachusetts.

9 (2) IDENTIFICATION OF PROPERTY.—The Sec10 retary may identify, describe, and determine the

11 property to be conveyed pursuant to this subsection.

12 (b) TERMS OF CONVEYANCE.—

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

14 pursuant to this section shall be made—

15 (A) without payment of consideration; and

16 (B) subject to the conditions required by

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

18 conditions the Secretary may consider appro19 priate.

20 (2) REVERSIONARY INTEREST.—In addition to

21 any term or condition established pursuant to para22 graph (1), the conveyance of property pursuant to

23 this section shall be subject to the condition that all

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

25 shall immediately revert to the United States if the

26 Cape Ann Lighthouse, or any part of the property—
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1 (A) ceases to be used as a nonprofit center

2 for the interpretation and preservation of mari3 time history;

4 (B) ceases to be maintained in a manner

5 that ensures its present or future use as a

6 Coast Guard aid to navigation; or

7 (C) ceases to be maintained in a manner

8 consistent with the provisions of the National

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

10 470 et seq.).

11 (3) MAINTENANCE AND NAVIGATION FUNC12 TIONS.—The conveyance of property pursuant to

13 this section shall be made subject to the conditions

14 that the Secretary considers to be necessary to as15 sure that—

16 (A) the lights, antennas, and associated

17 equipment located on the property conveyed,

18 which are active aids to navigation, shall con19 tinue to be operated and maintained by the

20 United States;

21 (B) the town of Rockport may not inter22 fere or allow interference in any manner with

23 aids to navigation without express written per24 mission from the Secretary of Transportation;
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1 (C) there is reserved to the United States

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

3 navigation or make any changes to the Cape

4 Ann Lighthouse as may be necessary for navi5 gational purposes;

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

7 at any time, to enter the property without no8 tice for the purpose of maintaining aids to navi9 gation; and

10 (E) the United States shall have an ease11 ment of access to the property for the purpose

12 of maintaining the aids to navigation in use on

13 the property.

14 (4) OBLIGATION LIMITATION.—The town of

15 Rockport is not required to maintain any active aid

16 to navigation equipment on property conveyed pur17 suant to this section.

18 (5) PROPERTY TO BE MAINTAINED IN ACCORD19 ANCE WITH CERTAIN LAWS.—The town of Rockport

20 shall maintain the Cape Ann Lighthouse in accord21 ance with the National Historic Preservation Act of

22 1966 (16 U.S.C. 470 et seq.), and other applicable

23 laws.

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

25 term ‘‘Cape Ann Lighthouse’’ means the Coast Guard
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1 property located on Thachers Island, Massachusetts, ex2 cept any historical artifact, including any lens or lantern,

3 located on the property at or before the time of the convey4 ance.

5 SEC. 1705. TRANSFER OF OCRACOKE LIGHT STATION TO

6 SECRETARY OF THE INTERIOR.

7 The Secretary of Transportation shall transfer ad8 ministrative jurisdiction over the Federal property, con9 sisting of approximately 2 acres, known as the Ocracoke

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

11 such reservations, terms, and conditions as may be nec12 essary for Coast Guard purposes. All property so trans13 ferred shall be included in and administered as part of

14 the Cape Hatteras National Seashore.

15 SEC. 1706. SQUIRREL POINT LIGHTHOUSE.

16 (a) CONVEYANCE AUTHORIZATION.—

17 (1) AUTHORIZATION.—The Secretary of Trans18 portation may convey to Squirrel Point Associates,

19 Inc., by an appropriate means of conveyance, all

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

21 to property comprising Squirrel Point Lighthouse,

22 located in the town of Arrowsic, Maine.

23 (2) IDENTIFICATION OF PROPERTY.—The Sec24 retary may identify, describe, and determine the

25 property to be conveyed pursuant to this subsection.
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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 payment of consideration; and

5 (B) subject to the conditions required by

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

7 and conditions as the Secretary may consider

8 appropriate.

9 (2) REVERSIONARY INTEREST.—In addition to

10 any term or condition established pursuant to para11 graph (1), any conveyance of property comprising

12 the Squirrel Point Lighthouse pursuant to sub13 section (a) shall be subject to the condition that all

14 right, title, and interest in and to the property so

15 conveyed shall immediately revert to the United

16 States if the property, or any part thereof—

17 (A) ceases to be maintained as a nonprofit

18 center for public benefit for the interpretation

19 and preservation of the material culture of the

20 United States Coast Guard and the maritime

21 history of Maine;

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 (16 U.S.C. 470 et

4 seq.).

5 (3) MAINTENANCE OF NAVIGATION AND FUNC6 TIONS.—Any conveyance of property pursuant to

7 this section shall be subject to such conditions as the

8 Secretary considers to be necessary to assure that—

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

10 associated lighthouse equipment located on the

11 property conveyed, which are active aids to

12 navigation, shall continue to be operated and

13 maintained by the United States for as long as

14 they are needed for this purpose;

15 (B) the Squirrel Point Associates, Inc.,

16 may not interfere or allow interference in any

17 manner with such aids to navigation without

18 express written permission from the United

19 States;

20 (C) there is reserved to the United States

21 the right to replace, or add any aids to naviga22 tion, or make any changes to the Squirrel Point

23 Lighthouse as may be necessary for navigation

24 purposes;
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1 (D) the United States shall have the right,

2 at any time, to enter the property conveyed

3 without notice for the purpose of maintaining

4 navigation aids; and

5 (E) the United States shall have an ease6 ment of access to such property for the purpose

7 of maintaining the navigational aids in use on

8 the property.

9 (4) MAINTENANCE OF LIGHTHOUSE.—Any con10 veyance of property under this section shall be sub11 ject to the condition that the Squirrel Point Associ12 ates shall maintain the Eastern Point Lighthouse in

13 accordance with the provisions of the National His14 toric Preservation Act (16 U.S.C. 470 et seq.) and

15 other applicable laws.

16 (5) OBLIGATION LIMITATION.—The Squirrel

17 Point Associates, Inc., shall not have any obligation

18 to maintain any active aid to navigation equipment

19 on the property conveyed pursuant to this section.

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

21 term ‘‘Squirrel Point Lighthouse’’ means the Coast Guard

22 property located in the town of Arrowsic, County of

23 Sagadahoc, Maine, including the light tower, dwelling,

24 boathouse, oil house, barn, any other ancillary buildings,

25 and such land as may be necessary to enable Squirrel
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1 Point Associates, Inc., to operate a nonprofit center for

2 public benefit, except any historical artifact, including any

3 lens or lantern, located on the property at or before the

4 time of the conveyance.

5 SEC. 1707. CONVEYANCE OF CERTAIN LIGHTHOUSES LO6 CATED IN MAINE.

7 (a) AUTHORITY TO CONVEY.—

8 (1) IN GENERAL.—Subject to paragraphs (3)

9 and (4), the Secretary of Transportation may con10 vey, without consideration, to the Island Institute,

11 Rockland, Maine (in this section referred to as the

12 ‘‘Institute’’), all right, title, and interest of the

13 United States in and to any of the facilities and real

14 property and improvements described in paragraph

15 (2).

16 (2) COVERED FACILITIES.—Paragraph (1) ap17 plies to lighthouses, together with any real property

18 and other improvements associated therewith, lo19 cated in the State of Maine as follows:

20 (A) Whitehead Island Light.

21 (B) Deer Island Thorofare (Mark Island)

22 Light.

23 (C) Burnt Island Light.

24 (D) Rockland Harbor Breakwater Light.

25 (E) Monhegan Island Light.
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1 (F) Eagle Island Light.

2 (G) Curtis Island Light.

3 (H) Moose Peak Light.

4 (I) Great Duck Island Light.

5 (J) Goose Rocks Light.

6 (K) Isle au Haut Light.

7 (L) Goat Island Light.

8 (M) Wood Island Light.

9 (N) Doubling Point Light.

10 (O) Doubling Point Front Range Light.

11 (P) Doubling Point Rear Range Light.

12 (Q) Little River Light.

13 (R) Spring Point Ledge Light.

14 (S) Ram Island Light (Boothbay).

15 (T) Seguin Island Light.

16 (U) Marshall Point Light.

17 (V) Fort Point Light.

18 (W) West Quoddy Head Light.

19 (X) Brown’s Head Light.

20 (Y) Cape Neddick Light.

21 (Z) Halfway Rock Light.

22 (AA) Ram Island Ledge Light.

23 (BB) Mount Desert Rock Light.

24 (CC) Whitlock’s Mill Light.
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1 (3) LIMITATION ON CONVEYANCE.—The Sec2 retary shall retain all right, title, and interest of the

3 United States in and to any historical artifact, in4 cluding any lens or lantern, that is associated with

5 the lighthouses conveyed under this subsection,

6 whether located at the lighthouse or elsewhere. The

7 Secretary shall identify any equipment, system, or

8 object covered by this paragraph.

9 (4) DEADLINE FOR CONVEYANCE.—The convey10 ances authorized by this subsection shall take place,

11 if at all, not later than 5 years after the date of the

12 enactment of this Act.

13 (5) ADDITIONAL CONVEYANCES TO UNITED

14 STATES FISH AND WILDLIFE SERVICE.—The Sec15 retary may transfer, in accordance with the terms

16 and conditions of subsection (b), the following light17 houses, together with any real property and improve18 ments associated therewith, directly to the United

19 States Fish and Wildlife Service:

20 (A) Two Bush Island Light.

21 (B) Egg Rock Light.

22 (C) Libby Island Light.

23 (D) Matinicus Rock Light.

24 (b) CONDITIONS OF CONVEYANCE.—The conveyance

25 of a lighthouse, and any real property and improvements
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1 associated therewith, under subsection (a) shall be subject

2 to the following conditions:

3 (1) That the lighthouse and any such property

4 and improvements be used for educational, historic,

5 recreational, cultural, and wildlife conservation pro6 grams for the general public and for such other uses

7 as the Secretary determines to be not inconsistent or

8 incompatible with such uses.

9 (2) That the lighthouse and any such property

10 and improvements be maintained at no cost to the

11 United States in a manner that ensures the use of

12 the lighthouse by the Coast Guard as an aid to navi13 gation.

14 (3) That the use of the lighthouse and any such

15 property and improvements by the Coast Guard as

16 an aid to navigation not be interfered with, except

17 with the written permission of the Secretary.

18 (4) That the lighthouse and any such property

19 and improvements be maintained in a manner con20 sistent with the provisions of the National Historic

21 Preservation Act (16 U.S.C. 470 et seq.).

22 (5) That public access to the lighthouse and

23 any such property and improvements be ensured.
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1 (c) RESERVATIONS.—In the conveyance of a light2 house under subsection (a), the Secretary shall reserve to

3 the United States the following:

4 (1) The right to enter the lighthouse, and any

5 real property and improvements conveyed therewith,

6 at any time, without notice, for purposes of main7 taining any aid to navigation at the lighthouse, in8 cluding any light, antennae, sound signal, and asso9 ciated equipment located at the lighthouse, and any

10 electronic navigation equipment or system located at

11 the lighthouse.

12 (2) The right to enter the lighthouse and any

13 such property and improvements at any time, with14 out notice, for purposes of relocating, replacing, or

15 improving any such aid to navigation, or to carry

16 out any other activity necessary in aid of navigation.

17 (3) An easement of ingress and egress onto the

18 real property conveyed for the purposes referred to

19 in paragraphs (1) and (2).

20 (4) An easement over such portion of such

21 property as the Secretary considers appropriate in

22 order to ensure the visibility of the lighthouse for

23 navigation purposes.

24 (5) The right to obtain and remove any histori25 cal artifact, including any lens or lantern that the
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1 Secretary has identified pursuant to paragraph (3)

2 of subsection (a).

3 (d) MAINTENANCE OF AIDS TO NAVIGATION.—The

4 Secretary may not impose upon the Institute, or upon any

5 entity to which the Institute conveys a lighthouse under

6 subsection (g), an obligation to maintain any aid to navi7 gation at a lighthouse conveyed under this section.

8 (e) REVERSIONARY INTEREST.—All right, title, and

9 interest in and to a lighthouse and any real property and

10 improvements associated therewith shall revert to the

11 United States and the United States shall have the right

12 of immediate entry thereon if—

13 (1) the Secretary determines at any time that

14 the lighthouse, and any property and improvements

15 associated therewith, conveyed to the Institute or to

16 the United States Fish and Wildlife Service under

17 subsection (a) or conveyed by the Institute under

18 subsection (g), as the case may be, is not being uti19 lized or maintained in accordance with subsection

20 (b); or

21 (2) the Secretary determines that—

22 (A) the Institute is unable to identify an

23 entity eligible for the conveyance of the light24 house under subsection (g) within the 3-year

25 period beginning on the date of the conveyance
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1 of the lighthouse to the Institute under sub2 section (a); or

3 (B) in the event that the Institute identi4 fies an entity eligible for the conveyance within

5 that period—

6 (i) the entity is unable or unwilling to

7 accept the conveyance and the Institute is

8 unable to identify another entity eligible

9 for the conveyance within that period; or

10 (ii) the Maine Lighthouse Selection

11 Committee established under subsection

12 (g)(3)(A) disapproves of the entity identi13 fied by the Institute and the Institute is

14 unable to identify another entity eligible

15 for the conveyance within that period.

16 (f) INSPECTION.—The State Historic Preservation

17 Officer of the State of Maine may inspect any lighthouse,

18 and any real property and improvements associated there19 with, that is conveyed under this subsection at any time,

20 without notice, for purposes of ensuring that the light21 house is being maintained in the manner required under

22 subsections (b)(4) and (b)(5). The Institute, and any sub23 sequent conveyee of the Institute under subsection (g),

24 shall cooperate with the official referred to in the preced-
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1 ing sentence in the inspections of that official under this

2 subsection.

3 (g) SUBSEQUENT CONVEYANCE.—

4 (1) REQUIREMENT.—

5 (A) IN GENERAL.—Except as provided in

6 subparagraph (B), the Institute shall convey,

7 without consideration, all right, title, and inter8 est of the Institute in and to the lighthouses

9 conveyed to the Institute under subsection (a),

10 together with any real property and improve11 ments associated therewith, to one or more enti12 ties identified under paragraph (2) and ap13 proved by the committee established under

14 paragraph (3) in accordance with the provisions

15 of such paragraph (3).

16 (B) EXCEPTION.—The Institute, with the

17 concurrence of the Maine Lighthouse Selection

18 Committee and in accordance with the terms

19 and conditions of subsection (b), may retain

20 right, title, and interest in and to the following

21 lighthouses conveyed to the Institute:

22 (i) Whitehead Island Light.

23 (ii) Deer Island Thorofare (Mark Is24 land) Light.

25 (2) IDENTIFICATION OF ELIGIBLE ENTITIES.—
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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the Institute shall identify entities

3 eligible for the conveyance of a lighthouse under

4 this subsection. Such entities shall include any

5 department or agency of the Federal Govern6 ment, any department or agency of the Govern7 ment of the State of Maine, any local govern8 ment in that State, or any nonprofit corpora9 tion, educational agency, or community develop10 ment organization that—

11 (i) is financially able to maintain the

12 lighthouse (and any real property and im13 provements conveyed therewith) in accord14 ance with the conditions set forth in sub15 section (b);

16 (ii) has agreed to permit the inspec17 tions referred to in subsection (f); and

18 (iii) has agreed to comply with the

19 conditions set forth in subsection (b) and

20 to have such conditions recorded with the

21 deed of title to the lighthouse and any real

22 property and improvements that may be

23 conveyed therewith.

24 (B) ORDER OF PRIORITY.—In identifying

25 entities eligible for the conveyance of a light-
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1 house under this paragraph, the Institute shall

2 give priority to entities in the following order,

3 which are also the exclusive entities eligible for

4 the conveyance of a lighthouse under this sec5 tion:

6 (i) Agencies of the Federal Govern7 ment.

8 (ii) Entities of the Government of the

9 State of Maine.

10 (iii) Entities of local governments in

11 the State of Maine.

12 (iv) Nonprofit corporations, edu13 cational agencies, and community develop14 ment organizations.

15 (3) SELECTION OF CONVEYEES AMONG ELIGI16 BLE ENTITIES.—

17 (A) COMMITTEE.—

18 (i) IN GENERAL.—There is hereby es19 tablished a committee to be known as the

20 Maine Lighthouse Selection Committee (in

21 this paragraph referred to as the ‘‘Com22 mittee’’).

23 (ii) MEMBERSHIP.—The Committee

24 shall consist of five members appointed by

25 the Secretary as follows:
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1 (I) One member, who shall serve

2 as the Chairman of the Committee,

3 shall be appointed from among indi4 viduals recommended by the Governor

5 of the State of Maine.

6 (II) One member shall be the

7 State Historic Preservation Officer of

8 the State of Maine, with the consent

9 of that official, or a designee of that

10 official.

11 (III) One member shall be ap12 pointed from among individuals rec13 ommended by State and local organi14 zations in the State of Maine that are

15 concerned with lighthouse preserva16 tion or maritime heritage matters.

17 (IV) One member shall be ap18 pointed from among individuals rec19 ommended by officials of local govern20 ments of the municipalities in which

21 the lighthouses are located.

22 (V) One member shall be ap23 pointed from among individuals rec24 ommended by the Secretary of the In25 terior.
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1 (iii) APPOINTMENT DEADLINE.—The

2 Secretary shall appoint the members of the

3 Committee not later than 180 days after

4 the date of the enactment of this Act.

5 (iv) MEMBERSHIP TERM.—

6 (I) Members of the Committee

7 shall serve for such terms not longer

8 than 3 years as the Secretary shall

9 provide. The Secretary may stagger

10 the terms of initial members of the

11 Committee in order to ensure continu12 ous activity by the Committee.

13 (II) Any member of the Commit14 tee may serve after the expiration of

15 the term of the member until a suc16 cessor to the member is appointed. A

17 vacancy in the Committee shall be

18 filled in the same manner in which the

19 original appointment was made.

20 (v) VOTING.—The Committee shall

21 act by an affirmative vote of a majority of

22 the members of the Committee.

23 (B) RESPONSIBILITIES.—

24 (i) IN GENERAL.—The Committee

25 shall—
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1 (I) review the entities identified

2 by the Institute under paragraph (2)

3 as entities eligible for the conveyance

4 of a lighthouse; and

5 (II) approve one such entity, or

6 disapprove all such entities, as entities

7 to which the Institute may make the

8 conveyance of the lighthouse under

9 this subsection.

10 (ii) APPROVAL.—If the Committee ap11 proves an entity for the conveyance of a

12 lighthouse, the Committee shall notify the

13 Institute of such approval.

14 (iii) DISAPPROVAL.—If the Committee

15 disapproves of the entities, the Committee

16 shall notify the Institute and, subject to

17 subsection (e)(2)(B), the Institute shall

18 identify other entities eligible for the con19 veyance of the lighthouse under paragraph

20 (2). The Committee shall review and ap21 prove or disapprove of entities identified

22 pursuant to the preceding sentence in ac23 cordance with this subparagraph and the

24 criteria set forth in subsection (b).
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1 (C) EXEMPTION FROM FACA.—The Fed2 eral Advisory Committee Act (5 U.S.C. App.)

3 shall not apply to the Committee, however, all

4 meetings of the Committee shall be open to the

5 public and preceded by appropriate public no6 tice.

7 (D) TERMINATION.—The Committee shall

8 terminate 8 years from the date of the enact9 ment of this Act.

10 (4) CONVEYANCE.—Upon notification under

11 paragraph (3)(B)(ii) of the approval of an identified

12 entity for conveyance of a lighthouse under this sub13 section, the Institute shall, with the consent of the

14 entity, convey the lighthouse to the entity.

15 (5) RESPONSIBILITIES OF CONVEYEES.—Each

16 entity to which the Institute conveys a lighthouse

17 under this subsection, or any successor or assign of

18 such entity in perpetuity, shall—

19 (A) use and maintain the lighthouse in ac20 cordance with subsection (b) and have such

21 terms and conditions recorded with the deed of

22 title to the lighthouse and any real property

23 conveyed therewith; and

24 (B) permit the inspections referred to in

25 subsection (f).
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1 (h) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of any lighthouse, and any real prop3 erty and improvements associated therewith, conveyed

4 under subsection (a) shall be determined by the Secretary.

5 (i) REPORT.—Not later than 1 year after the date

6 of the enactment of this Act, and annually thereafter for

7 the next 7 years, the Secretary shall submit to Congress

8 a report on the conveyance of lighthouses under this sec9 tion. The report shall include a description of the imple10 mentation of the provisions of this section, and the re11 quirements arising under such provisions, in—

12 (1) providing for the use and maintenance of

13 the lighthouses conveyed under this section in ac14 cordance with subsection (b);

15 (2) providing for public access to such light16 houses; and

17 (3) achieving the conveyance of lighthouses to

18 appropriate entities under subsection (g).

19 (j) ADDITIONAL TERMS AND CONDITIONS.—The Sec20 retary may require any additional terms and conditions

21 in connection with a conveyance under subsection (a) that

22 the Secretary considers appropriate in order to protect the

23 interests of the United States.
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1 TITLE XVIII—BALLAST WATER

2 MANAGEMENT

3 SEC. 1801. SHORT TITLE.

4 This title may be cited as the ‘‘Ballast Water Man5 agement Act’’.

6 SEC. 1802. EVALUATION.

7 (a) Subsection 1102(a) of Public Law 101–646 (16

8 U.S.C. 4712(a)) is amended by adding the following new

9 paragraph at the end:

10 ‘‘(4) NATIONAL BALLAST WATER MANAGEMENT

11 EVALUATION.—

12 ‘‘(A) Subject to the availability of appro13 priations, the Task Force shall contract with

14 the Marine Board of the National Research

15 Council to identify and evaluate ballast water

16 management technologies and practices that

17 prevent the introduction and spread of

18 nonindigenous species through ballast water

19 discharged into United States waters.

20 ‘‘(B) In conducting the evaluation, the Ma21 rine Board shall consider, at a minimum, bal22 last water management technologies and prac23 tices identified in the study prepared under

24 paragraph (3).
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1 ‘‘(C) In conducting the evaluation, the Ma2 rine Board shall identify, at a minimum, ballast

3 water management technologies and practices

4 that—

5 ‘‘(i) may be retrofitted on existing

6 vessels or incorporated in new vessel de7 signs;

8 ‘‘(ii) are operationally practical;

9 ‘‘(iii) are safe for vessel and crew;

10 ‘‘(iv) are environmentally sound;

11 ‘‘(v) are cost effective;

12 ‘‘(vi) the vessel operator can monitor;

13 and

14 ‘‘(vii) are effective against a broad

15 range of nuisance organisms.’’.

16 (b) Subsection 1102(c) of Public Law 101–646 (16

17 U.S.C. 4712(c)) is amended by adding the following new

18 paragraph at the end:

19 ‘‘(3) NATIONAL BALLAST WATER MANAGEMENT

20 EVALUATION REPORT.—Not later than 1 year after

21 the date of enactment of the Ballast Water Manage22 ment Act, the Task Force shall submit to the appro23 priate Committees a report on the results of the

24 evaluation conducted under paragraph (4) of sub25 section (a).’’.
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1 SEC. 1803. NATIONAL BALLAST WATER MANAGEMENT DEM2 ONSTRATION PROGRAM.

3 (a) Section 1202 of Public Law 101–646 (16 U.S.C.

4 4722) is amended by—

5 (1) redesignating subsection (k) as subsection

6 (l); and

7 (2) inserting after subsection (j) the following:

8 ‘‘(k) NATIONAL BALLAST WATER MANAGEMENT

9 DEMONSTRATION PROGRAM.—

10 ‘‘(1) AUTHORIZATION.—Following the submis11 sion of the evaluation authorized under section

12 1102(a)(4) and subject to the availability of appro13 priations under section 1301(e), the Secretary of

14 Transportation, in consultation with the Task Force,

15 shall conduct a national ballast water management

16 demonstration program to test and evaluate ballast

17 water management technologies and practices, in18 cluding those identified in the evaluation authorized

19 under paragraph 1102(a)(4), to prevent the intro20 duction and spread of nonindigenous species through

21 ballast water discharged into United States waters.

22 ‘‘(2) CRITERIA.—In carrying out the dem23 onstration program authorized under this sub24 section, the Secretary of Transportation shall use

25 vessels that are documented under chapter 121 of

26 title 46, United States Code, including vessels oper-
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1 ating on the Great Lakes. Any necessary ballast

2 water management technology installation or con3 struction on a vessel used in the demonstration pro4 gram shall be performed by a United States ship5 yard or ship repair facility.

6 ‘‘(3) AUTHORITIES.—In conducting the dem7 onstration program under this subsection, the Task

8 Force and the Secretary of Transportation may ac9 cept donations of property and services.’’.

10 (b) Subsection 1202(l), as redesignated by this Act,

11 is amended by adding the following new paragraph at the

12 end:

13 ‘‘(3) Not later than 1 year after the submission

14 of the evaluation authorized under section

15 1102(a)(4) and periodically as necessary to report

16 new findings, the Secretary of Transportation, in

17 consultation with the Task Force, shall submit to

18 the appropriate Committees a report on the results

19 of the demonstration program conducted under sub20 section (k).’’.

21 SEC. 1804. AUTHORIZATION OF APPROPRIATIONS.

22 Section 1301 of Public Law 101–646 (16 U.S.C.

23 4741) is amended by adding the following new subsection

24 at the end:
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1 ‘‘(e) NATIONAL BALLAST WATER MANAGEMENT

2 EVALUATION AND DEMONSTRATION PROGRAM.—There

3 are authorized to be appropriated to the Director and the

4 Under Secretary $150,000 for fiscal year 1995 and to the

5 Secretary of Transportation $1,850,000 for fiscal year

6 1996, to remain available until expended, to carry out the

7 evaluation authorized under section 1102(a)(4) and the

8 demonstration program authorized under section

9 1202(k).’’.

10 TITLE XIX—ADDITIONAL

11 MISCELLANEOUS PROVISIONS

12 SEC. 1901. AMENDMENT TO REQUIRE EPIRBS ON THE

13 GREAT LAKES.

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

15 States Code, is amended by inserting ‘‘or beyond 3 nau16 tical miles from the coastline of the Great Lakes’’ after

17 ‘‘high seas’’.

18 SEC. 1902. IMPLEMENTATION OF OIL POLLUTION REQUIRE19 MENTS WITH RESPECT TO VEGETABLE OIL.

20 In implementing the Oil Pollution Act of 1990 (Pub21 lic Law 101–380), the Coast Guard and other agencies

22 shall differentiate between animal fats or oils of vegetable

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

24 of their physical, chemical, biological, and other prop25 erties, and their environmental effects.
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1 SEC. 1903. DUAL PURPOSE VESSEL.

2 Subject to the availability of appropriations, the Sec3 retary of Transportation is authorized to expend up to

4 $10,000,000 in fiscal year 1996 for the design and con5 struction of a passenger ferry to be owned and operated

6 by the State of Alaska, provided that—

7 (1) any amounts expended under this provision

8 by the Secretary for such ferry are matched by an

9 equal or greater amount from the State of Alaska or

10 other sources;

11 (2) such ferry shall, when completed, be used

12 by the State of Alaska as part of the National Con13 tingency Plan in accordance with section

14 311(d)(2)(H) of the Federal Water Pollution Con15 trol Act (33 U.S.C. 1321(d)(2)(H)), in the event of

16 a worst case discharge of crude oil off Alaska;

17 (3) the State of Alaska shall agree to use such

18 ferry in cooperation with the Federal On-Scene Co19 ordinator in the event of a worst case discharge of

20 crude oil off Alaska; and

21 (4) such ferry shall be made available by the

22 State of Alaska to be included on the list of equip23 ment available in an Area Contingency Plan off

24 Alaska under section 311(j)(4)(C)(iv) of the Federal

25 Water Pollution Control Act (33 U.S.C.

26 1321(j)(4)(C)(iv)).
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1 SEC. 1904. EQUITABLE TREATMENT OF UNITED STATES

2 OCEAN FREIGHT FORWARDERS BY OCEAN

3 CARRIER CONFERENCES.

4 (a) INDEPENDENT ACTION.—Section 5(b) of the

5 Shipping Act of 1984 (46 U.S.C. App. 1704(b)) is amend6 ed by striking paragraph (8) and inserting the following:

7 ‘‘(8) provide that—

8 ‘‘(A) any member of the conference may

9 take independent action on any rate, service

10 item, or level of ocean freight forwarder com11 pensation required to be filed in a tariff under

12 section 8(a) upon not more than 10 calendar

13 days notice to the conference; and

14 ‘‘(B) the conference will include the new

15 rate, service item, or level of ocean freight for16 warder compensation in its tariff for use by

17 that member, effective no later than 10 cal18 endar days after receipt of the notice, and by

19 any other member that notifies the conference

20 that it elects to adopt the independent rate,

21 service item, or level of ocean freight forwarder

22 compensation on or after its effective date, in

23 lieu of the existing conference tariff provision

24 for that rate, service item, or level of ocean

25 freight forwarder compensation;’’.
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1 (b) PROHIBITION ON DENYING COMPENSATION.—

2 Section 10(c) of the Shipping Act of 1984 (46 U.S.C. App.

3 1709(c)), is amended by striking paragraph (5) and in4 serting the following:

5 ‘‘(5) deny in the export foreign commerce of the

6 United States compensation to an ocean freight for7 warder, or limit that compensation to less than 1.25

8 percent of the aggregate of all of the rates and

9 charges applicable under the tariff assessed against

10 the cargo on which the forwarding services are pro11 vided; or’’.

12 SEC. 1905. FLORIDA AVENUE BRIDGE.

13 For purposes of the alteration of the Florida Avenue

14 Bridge (located approximately 1.63 miles east of the Mis15 sissippi River on the Gulf Intracoastal Waterway in Orle16 ans Parish, Louisiana) ordered by the Secretary of Trans17 portation under the Act of June 21, 1940 (33 U.S.C. 511

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

19 Secretary shall treat the drainage siphon that is adjacent

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

21 with respect to apportionment and payment of costs for

22 the removal of the drainage siphon in accordance with that

23 Act.
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1 SEC. 1906. LIMITATION ON CONSOLIDATION OF HOUSTON

2 AND GALVESTON MARINE SAFETY OFFICES.

3 The Secretary of Transportation may not consolidate

4 the Coast Guard Marine Safety Offices in Galveston,

5 Texas, and Houston, Texas.

6 SEC. 1907. BUY AMERICAN REQUIREMENT FOR SURFACE

7 SEARCH RADAR SYSTEMS AND MULTIBEAM

8 SONAR.

9 Notwithstanding any other law, at least 51 percent

10 of the components of surface search radar systems and

11 multibeam sonar systems for Coast Guard vessels shall be

12 manufactured in the United States, provided the United

13 States manufacturer offers the Coast Guard a competitive

14 price.

15 SEC. 1908. SPECIAL RECRUITING AUTHORITY TO ACHIEVE

16 DIVERSITY.

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

18 findings:

19 (1) Women and minorities have historically

20 been underrepresented in the Coast Guard officer

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

23 (2) Notwithstanding application of traditional

24 recruiting programs, the Coast Guard has not been

25 able to rectify the historic underrepresentation of
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1 women and minorities in the service and at the

2 Academy.

3 (3) The education and professional training

4 provided at the United States Coast Guard Academy

5 will be enhanced by the benefits that flow from a di6 verse student body.

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

8 States Code, is amended—

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

10 the semicolon;

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

12 inserting ‘‘; and’’; and

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

14 ‘‘(v) for the purposes of rectifying

15 underrepresentation or underutilization of women

16 and minorities in the Coast Guard and meeting iden17 tified personnel resource requirements and training

18 needs—

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

20 Guard personnel resource and training needs;

21 and

22 ‘‘(2) employ special programs for recruit23 ing women and minorities, including, subject to

24 appropriations, provision of financial assistance

25 by grant, cooperative agreement, contract, or
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1 otherwise, to public or private associations, or2 ganizations, or individuals to implement na3 tional or local outreach programs.’’.

4 SEC. 1909. RECOMMENDATIONS ON ACTIONS FOR THE PRO5 TECTION OF THE NORTH ATLANTIC RIGHT

6 WHALE.

7 (a) RECOMMENDATIONS.—Not later than 6 months

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

9 Transportation shall recommend to the Secretary of Com10 merce actions that could be undertaken by the Coast

11 Guard and the International Maritime Organization to

12 prevent mortalities of the northern right whale from vessel

13 collisions in the Great South Channel off Cape Cod, Mas14 sachusetts. Such recommendations may include—

15 (1) the designation of 1 or more areas to be

16 avoided;

17 (2) the shifting of the traffic separation scheme

18 in the Great South Channel; or

19 (3) other measures the Secretary considers ap20 propriate.

21 (b) INTERNATIONAL MARITIME ORGANIZATION.—

22 The Secretary of Transportation, in consultation with the

23 Secretary of Commerce, shall submit the appropriate rec24 ommendations under subsection (a) to the International

25 Maritime Organization for consideration.
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1 (c) REPORT.—The Secretary of Commerce shall re2 port in accordance with section 103(f) of the Marine Mam3 mal Protection Act of 1972 (16 U.S.C. 1373(f)) on any

4 actions taken by the Secretary of Commerce and the Sec5 retary of Transportation pursuant to this section.

6 SEC. 1910. PROHIBITION ON DIVERSION OF DRUG INTER7 DICTION FUNDS.

8 The Secretary of Transportation may not reduce the

9 level of Coast Guard drug interdiction activities during fis10 cal year 1995 below the level proposed by the President

11 in the fiscal year 1995 budget.

12 SEC. 1911. LIMITATION ON AUTHORITY OF STATES TO REG13 ULATE GAMBLING DEVICES ON VESSELS.

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

15 U.S.C. 1175(b)(2)), commonly referred to as the ‘‘John16 son Act’’, is amended by adding at the end the following:

17 ‘‘(C) EXCLUSION OF CERTAIN VOYAGES

18 AND SEGMENTS.—Except for a voyage or seg19 ment of a voyage that occurs within the bound20 aries of the State of Hawaii or the State of

21 Alaska, a voyage or segment of a voyage is not

22 described in subparagraph (B) if it includes or

23 consists of a segment—

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

25 State;
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1 ‘‘(ii) that is part of a voyage to an2 other State or to a foreign country; and

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

4 other State or foreign country within 3

5 days after leaving the State in which it be6 gins.’’.

7 SEC. 1912. POLLUTION FROM SHIPS.

8 (a) PREVENTION OF POLLUTION FROM SHIPS.—Sec9 tion 6 of the Act to Prevent Pollution from Ships (33

10 U.S.C. 1905) is amended—

11 (1) in subsection (c)—

12 (A) in paragraph (2)—

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

14 the following: ‘‘(2)(A) Subject to subpara15 graph (B), if’’; and

16 (ii) by adding at the end the following

17 new subparagraphs:

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

19 to the adequacy of reception facilities under this para20 graph only if, prior to the issuance of the certificate, the

21 Secretary conducts an inspection of the reception facilities

22 of the port or terminal that is the subject of the certificate.

23 ‘‘(C) The Secretary may, with respect to certificates

24 issued under this paragraph prior to the date of enactment
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1 of the Oceans Act of 1994, prescribe by regulation differ2 ing periods of validity for such certificates.’’; and

3 (B) in paragraph (3), by striking subpara4 graph (A) and inserting the following new sub5 paragraph:

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

7 the date of issuance of the certificate, except that

8 if—

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

10 terminal is transferred to a person or entity

11 other than the person or entity that is the oper12 ator on the date of issuance of the certificate—

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

14 date that is 30 days after the date of the

15 transfer; and

16 ‘‘(II) the new operator shall be re17 quired to submit an application for a cer18 tificate before a certificate may be issued

19 for the port or terminal; or

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

21 by the Secretary, the certificate shall cease to

22 be valid; and’’; and

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

24 following new subsection:
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1 ‘‘(d)(1) The Secretary shall maintain a list of ports

2 or terminals with respect to which a certificate issued

3 under this section—

4 ‘‘(A) is in effect; or

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

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

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

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

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

10 1905(f)) is amended—

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

12 and

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

14 paragraph:

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

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

18 terminal that is subject to any requirement of the

19 MARPOL Protocol relating to reception facilities to post

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

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

23 terminal should report to the Secretary any inadequacy

24 of the reception facility.’’.
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1 (c) COMPLIANCE REPORTS.—Section 2201(a) of the

2 Marine Plastic Pollution Research and Control Act of

3 1987 (Public Law 100–220; 33 U.S.C. 1902 note) is

4 amended—

5 (1) by striking ‘‘for a period of 6 years’’; and

6 (2) by inserting before the period at the end the

7 following: ‘‘and, not later than 1 year after the date

8 of enactment of the Oceans Act of 1994, and annu9 ally thereafter, shall publish in the Federal Register

10 a list of the enforcement actions taken against any

11 domestic or foreign ship (including any commercial

12 or recreational ship) pursuant to the Act to Prevent

13 Pollution from Ships (33 U.S.C. 1901 et seq.)’’.

14 (d) MARINE PLASTIC POLLUTION RESEARCH AND

15 CONTROL PUBLIC OUTREACH PROGRAM.—Section

16 2204(a) of the Marine Plastic Pollution Research and

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

18 6981 note) is amended—

19 (1) in paragraph (1)—

20 (A) in the matter preceding subparagraph

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

22 years,’’;

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

24 ‘‘and’’ at the end;
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1 (C) in subparagraph (D), by striking the

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

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

4 subparagraph:

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

6 the Act to Prevent Pollution from Ships (33

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

8 ports, and the authority of citizens to report

9 violations of this Act and the Act to Prevent

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

11 seq.).’’; and

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

13 following new paragraph:

14 ‘‘(2) AUTHORIZED ACTIVITIES.—

15 ‘‘(A) PUBLIC OUTREACH PROGRAM.—A

16 public outreach program under paragraph (1)

17 may include—

18 ‘‘(i) developing and implementing a

19 voluntary boaters’ pledge program;

20 ‘‘(ii) workshops with interested

21 groups;

22 ‘‘(iii) public service announcements;

23 ‘‘(iv) distribution of leaflets and post24 ers; and
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1 ‘‘(v) any other means appropriate to

2 educating the public.

3 ‘‘(B) GRANTS AND COOPERATIVE AGREE4 MENTS.—To carry out this section, the Sec5 retary of the department in which the Coast

6 Guard is operating, the Secretary of Commerce,

7 and the Administrator of the Environmental

8 Protection Agency are authorized to award

9 grants, enter into cooperative agreements with

10 appropriate officials of other Federal agencies

11 and agencies of States and political subdivisions

12 of States, and provide other financial assistance

13 to eligible recipients.

14 ‘‘(C) CONSULTATION.—In developing out15 reach initiatives targeted at the interested

16 groups that are subject to the requirements of

17 this title and the Act to Prevent Pollution from

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

19 of the department in which the Coast Guard is

20 operating, in consultation with the Secretary of

21 Commerce and the Administrator of the Envi22 ronmental Protection Agency, shall consult

23 with—
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1 ‘‘(i) the heads of State agencies re2 sponsible for implementing State boating

3 laws; and

4 ‘‘(ii) the heads of other enforcement

5 agencies that regulate boaters or commer6 cial fishermen.’’.

7 (e) COORDINATION.—

8 (1) ESTABLISHMENT OF MARINE DEBRIS CO9 ORDINATING COMMITTEE.—The Secretary of Com10 merce shall establish a Marine Debris Coordinating

11 Committee (referred to in this section as the ‘‘Com12 mittee’’).

13 (2) MEMBERSHIP.—The Committee shall in14 clude a senior official from—

15 (A) the National Oceanic and Atmospheric

16 Administration, who shall serve as the Chair17 person of the Committee;

18 (B) the Environmental Protection Agency;

19 (C) the United States Coast Guard;

20 (D) the United States Navy; and

21 (E) such other Federal agencies that have

22 an interest in ocean issues or water pollution

23 prevention and control as the Secretary of Com24 merce determines appropriate.
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1 (3) MEETINGS.—The Committee shall meet at

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

3 coordination of national and international research,

4 monitoring, education, and regulatory actions ad5 dressing the persistent marine debris problem.

6 (f) MONITORING.—The Secretary of Commerce, in

7 cooperation with the Administrator of the Environmental

8 Protection Agency, shall utilize the marine debris data de9 rived under title V of the Marine Protection, Research,

10 and Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.) to

11 assist the United States Coast Guard in assessing the ef12 fectiveness of this section.

13 SEC. 1913. COST ACCOUNTING FOR HAITIAN OPERATIONS.

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

15 Act, the Secretary of Transportation shall submit a full

16 accounting of all Coast Guard costs related to Haiti dur17 ing fiscal year 1994 to the Committee on Merchant Ma18 rine and Fisheries in the House of Representatives and

19 to the Committee on Commerce, Science, and Transpor20 tation in the Senate. This accounting shall include num21 bers of Coast Guard personnel involved, the numbers of

22 Coast Guard vessels involved, and the amount of funds

23 diverted from other Coast Guard missions.

24 (b) Until all United States military operations in

25 Haiti cease, the Secretary of Transportation shall submit
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1 monthly reports on all Coast Guard costs related to Haiti

2 to the Committee on Merchant Marine and Fisheries in

3 the House of Representatives and to the Committee on

4 Commerce, Science, and Transportation in the Senate.

5 SEC. 1914. PLAN FOR RESCUE OF PASSENGERS ON THE

6 CHESAPEAKE BAY.

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

8 Coast Guard is operating, in consultation with officials of

9 the States of Maryland and Virginia, and other interested

10 persons, shall develop and submit to Congress by March

11 30, 1995, a plan for the rescue of persons transported on

12 passenger vessels or small passenger vessels on the Chesa13 peake Bay.

14 (b) The plan developed in subsection (a) shall in15 clude—

16 (1) a protocol for command, control, and com17 munications among Federal, State, and local au18 thorities;

19 (2) a protocol for training exercises to prepare

20 for an emergency rescue on the Chesapeake Bay;

21 (3) an identification of emergency medical per22 sonnel that would be available for an emergency res23 cue on the Chesapeake Bay; and

24 (4) an identification of procedures to be fol25 lowed and equipment that would be needed in the
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1 event of weather that could result in hypothermia of

2 the passengers.

3 SEC. 1915. BOARD FOR CORRECTION OF MILITARY

4 RECORDS DEADLINE.

5 (a) Ten months after a complete application for cor6 rection of military records is received by the Board for

7 Correction of Military Records of the Coast Guard, admin8 istrative remedies are deemed to have been exhausted,

9 and—

10 (1) if the Board has rendered a recommended

11 decision, its recommendation shall be final agency

12 action and not subject to further review or approval

13 within the Department of Transportation; or

14 (2) if the Board has not rendered a rec15 ommended decision, agency action is deemed to have

16 been unreasonably delayed or withheld and the ap17 plicant is entitled to—

18 (A) an order under section 706(1) of title

19 5, United States Code, directing final action be

20 taken within 30 days from the date the order

21 is entered; and

22 (B) from amounts appropriated to the De23 partment of Transportation, the costs of obtain24 ing the order, including a reasonable attorney’s

25 fee.
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1 (b) The 10-month deadline established in section 212

2 of the Coast Guard Authorization Act of 1989 (Public

3 Law 101–225, 103 Stat. 1914) is mandatory, and applies

4 to any application pending before the Board or the Sec5 retary of Transportation on June 12, 1990.

6 SEC. 1916. SENSE OF THE CONGRESS REGARDING PAS7 SENGERS ABOARD COMMERCIAL VESSELS.

8 It is the sense of the Congress that section 521(a)(1)

9 of Public Law 103–182 (19 U.S.C. 58c(a)(5)) was in10 tended to require the collection and remission of a fee from

11 each passenger only one time in the course of a single voy12 age aboard a commercial vessel.

13 TITLE XX—MARINE BIO14 TECHNOLOGY INVESTMENT

15 ACT OF 1993

16 SEC. 2001. SHORT TITLE.

17 This title may be cited as the ‘‘Marine Biotechnology

18 Investment Act of 1993’’.

19 SEC. 2002. FINDINGS.

20 Congress finds and declares the following:

21 (1) Throughout human history, the oceans and

22 Great Lakes have been an important source of food

23 and a wealth of other natural products.

24 (2) Marine biotechnology holds tremendous

25 promise for expanding the range and increasing the
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1 utility of products from the oceans, understanding

2 and treating human illness, and enhancing the qual3 ity and quantity of seafood.

4 (3) Marine biotechnology offers opportunities to

5 improve the stewardship of marine resources

6 through the development and application of effective

7 methods to restore and protect marine ecosystems,

8 to manage fisheries, to promote the economic growth

9 of coastal economies (particularly those which rely

10 substantially on income from traditional fisheries),

11 and to monitor marine biological and geochemical

12 processes.

13 (4) The United States currently is a world lead14 er in marine biotechnology, a position with the po15 tential for contributing to business and manufactur16 ing innovations, creation of new jobs, and stimula17 tion of private sector investment.

18 (5) Maintaining national leadership in the face

19 of growing foreign competition will require Federal

20 investment in a well-defined and coordinated na21 tional program of research, development and private

22 sector partnership, based on the existing responsibil23 ities and expertise of the National Oceanic and At24 mospheric Administration and other Federal agen25 cies.
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1 (6) In particular, the National Sea Grant Col2 lege Program should play a leading role in the devel3 opment of marine biotechnology in the United

4 States, building on proven capabilities in research,

5 technology transfer, and education.

6 SEC. 2003. DEFINITIONS.

7 As used in this title:

8 (1) The term ‘‘Council’’ means the Federal Co9 ordinating Council on Science, Engineering, and

10 Technology or any successor organization respon11 sible for the coordination of scientific research

12 among Federal agencies and departments.

13 (2) The term ‘‘Director’’ means the Director of

14 the Office of Science and Technology Policy.

15 (3) The term ‘‘marine biotechnology’’ means

16 the application of molecular and cellular techniques

17 to marine or other aquatic organisms for the pur18 poses of—

19 (A) identifying, isolating, developing, and

20 enhancing products that are derived from the

21 aquatic environment;

22 (B) developing new techniques and proc23 esses that may be applied to marine and coastal

24 resources; and
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1 (C) monitoring human health and treating

2 disease.

3 (4) The term ‘‘release of organisms’’ means—

4 (A) the intentional release; or

5 (B) the accidental release from a contained

6 research facility;

7 into the surrounding environment, of a living marine

8 or other aquatic organism in which the genetic mate9 rial has been purposely altered at the molecular or

10 cellular level in a way that could not result from the

11 natural reproductive process of that species.

12 (5) The term ‘‘Sea Grant director’’ means di13 rector of a college, program, or regional consortium

14 designated under the National Sea Grant College

15 Program Act (33 U.S.C. 1121 et seq.).

16 (6) The term ‘‘Secretary’’ means the Secretary

17 of Commerce.

18 (7) The term ‘‘Strategy’’ means the National

19 Marine Biotechnology Strategy developed under sec20 tion 2104, or any revision thereof.

21 SEC. 2004. NATIONAL MARINE BIOTECHNOLOGY STRATEGY.

22 (a) IN GENERAL.—The Director shall develop a Na23 tional Marine Biotechnology Strategy for the establish24 ment and implementation of a comprehensive research and

25 development effort to assist the nation in understanding
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1 and using marine biotechnology. The Director shall submit

2 the Strategy to the President and Congress within one

3 year after the date of enactment of this title and shall

4 submit a revised Strategy at least once every three years

5 thereafter.

6 (b) ELEMENTS OF THE STRATEGY.—The Strategy

7 shall—

8 (1) establish, for the five-year period beginning

9 in the year the Strategy is submitted, goals and pri10 orities for a coordinated Federal effort in marine

11 biotechnology;

12 (2) describe specific activities to achieve such

13 goals and priorities, including—

14 (A) basic and applied research initiatives;

15 (B) essential infrastructure development;

16 (C) education and training programs;

17 (D) development of partnerships among

18 government agencies, industry, and academia to

19 translate research findings into practical use;

20 and

21 (E) applications of marine biotechnology

22 which can be used to contribute to the economic

23 stability and vitality of economies based on tra24 ditional fisheries;
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1 (3) set forth the role of each participation Fed2 eral agency and department, identifying and ad3 dressing (consistent with the responsibilities estab4 lished in this title) relevant programs and activities

5 of such agencies and departments that would con6 tribute to the effort;

7 (4) estimate, to the extent practicable, funding

8 requirements for the Federal marine biotechnology

9 effort described in the Strategy; and

10 (5) provide for, which respect to federally fund11 ed activities that may involve release of organisms,

12 coordinated oversight by Federal departments and

13 agencies, including development of—

14 (A) guidelines and performance standards

15 that are necessary for the safe conduct of such

16 activities and for preventing significant environ17 mental risk; and

18 (B) procedures to ensure compliance with

19 such guidelines and performance standards.

20 (c) CONSULTATION.—In developing and revising the

21 Strategy, the Director—

22 (1) shall consult with Federal, State, academic,

23 commercial, and environmental entities involved in

24 marine biotechnology; and
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1 (2) may convene meetings and workshops, in

2 consultation with the National Academy of Sciences

3 and the Sea Grant directors.

4 SEC. 2005. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN5 ISTRATION.

6 (a) IN GENERAL.—The Secretary, in consultation

7 with the council, shall, within the National Oceanic and

8 Atmospheric Administration, maintain a balanced pro9 gram of marine biotechnology activities, comprised of—

10 (1) the program established by section 206 of

11 the National Sea Grant College Program Act (33

12 U.S.C. 1121 et seq.), as added by section 2106 of

13 this title;

14 (2) research conducted under agreements with

15 academic institutions for the purposes of developing

16 and applying marine biotechnology to the manage17 ment, conservation, and use of living marine re18 sources; and

19 (3) marine forensics, biotoxins, and

20 microbiological research on new methods for ensur21 ing the safety of seafood, implementing and enforc22 ing marine environmental statutes, and addressing

23 coastal pollution.

24 (b) RESTRICTION RELATING TO RELEASE OF ORGA25 NISMS.—
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1 (1) IN GENERAL.—The Secretary shall not con2 duct activities (either directly or through the award

3 of a grant or contract) that may involve release of

4 organisms, unless such activities—

5 (A) have been reviewed and approved

6 under other applicable Federal law; or

7 (B) are found by the Secretary, based on

8 the Secretary’s written assessment, to pose no

9 significant environmental risk.

10 (2) CONDITIONS FOR MAKING A FINDING.—The

11 Secretary may make a finding under subparagraph

12 (1)(B)—

13 (A) in the case of an intentional release of

14 organisms, only after providing notice and an

15 opportunity for public comment;

16 (B) within 18 months after the date of the

17 enactment of this title only, if the Secretary in18 cludes with the finding a brief but complete de19 scription of the basis for that finding; and

20 (C) after 18 months after the date of the

21 enactment of this title, only after guidelines,

22 performance standards, and procedures nec23 essary for the safe conduct of activities by the

24 Department of Commerce that may involve the

25 release of organisms have been developed.
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1 (c) TERMINATION OF AWARD.—The Secretary shall

2 promptly withdraw any award made under this title if the

3 Secretary determines that the grantee or contractee in

4 question has failed to abide by the applicable guidelines,

5 performance standards, and procedures referred to in this

6 section or section 2104 of this title.

7 (d) RESTRICTION ON PACIFIC SALMON.—The Sec8 retary shall only conduct research or award a grant or

9 contract for marine biotechnology applications intended to

10 promote or enhance farming, ranching, or other forms of

11 captive cultivation (other than stock identification or

12 hatchery enhancement of wild stocks) of any species of Pa13 cific salmon upon making a written finding that such

14 award, grant, or contract will not be detrimental to the

15 economic stability and responsible development of tradi16 tional coastal economies which rely substantially on the

17 harvest of wild stocks of Pacific salmon for a significant

18 portion of their livelihood.

19 (e) AUTHORIZATION OF APPROPRIATIONS.—In addi20 tion to the sums authorized to be appropriated under sec21 tion 212 of the National Sea Grant College Program Act

22 (33 U.S.C. 1131), there are authorized to be appropriated

23 to the Secretary, to enable the National Oceanic and At24 mospheric Administration to carry out this title,
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1 $12,000,000 for each of fiscal years 1994, 1995, 1996,

2 and 1997.

3 SEC. 2006. SEA GRANT MARINE BIOTECHNOLOGY PRO4 GRAM.

5 (a) ESTABLISHMENT.—The National Sea Grant Col6 lege Program Act (33 U.S.C. 1121 et seq.) is amended

7 by inserting immediately after section 205 the following

8 new section:

9 ‘‘SEC. 206. MARINE BIOTECHNOLOGY PROGRAM.

10 ‘‘(a) MARINE BIOTECHNOLOGY PROGRAM.—Subject

11 to the availability of appropriations under section 212(c),

12 the national sea grant college program provided for under

13 section 204 shall include a marine biotechnology program

14 under which the Secretary, acting through the Director,

15 shall—

16 ‘‘(1) make grants and enter into contracts in

17 accordance with this section; and

18 ‘‘(2) engage in other activities authorized under

19 this Act; to further research, development, edu20 cation, technology transfer, and risk assessment in

21 marine biotechnology.

22 ‘‘(b) ADMINISTRATION.—In carrying out the marine

23 biotechnology program, the Secretary shall—

24 ‘‘(1) coordinate the relevant activities of the di25 rectors of the sea grant colleges and the Marine Bio-
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1 technology Review Panel established under sub2 section (d); and

3 ‘‘(2) provide general oversight of the review

4 process under subsection (d)(1) to ensure that the

5 marine biotechnology program produces the highest

6 quality research, development, education, and tech7 nology transfer.

8 ‘‘(c) GRANTS AND CONTRACTS.—

9 ‘‘(1) APPLICATIONS.—Applications for grants

10 and contracts under this section shall be—

11 ‘‘(A) made in such form and manner, and

12 include such content and submissions, as the

13 Secretary shall by advance notice prescribe;

14 ‘‘(B) forwarded by the appropriate direc15 tors of sea grant colleges, along with an evalua16 tion by those directors of merit and pro17 grammatic relevance, to the National Sea Grant

18 Office; and

19 ‘‘(C) reviewed by the Marine Biotechnology

20 Review Panel in accordance with subsection (d).

21 ‘‘(2) TERMS AND CONDITIONS.—Any reference

22 in subsection (d) of section 205 or in the last sen23 tence of subsection (a) of section 205 to grants and

24 contracts provided for under that section shall be

25 treated, as the context requires, as including any
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1 grant applied for or made, or contract applied for or

2 entered into, under this section.

3 ‘‘(3) AWARDING OF GRANTS AND CONTRACTS.—

4 The Secretary shall award grants and contracts

5 under this section on the basis of the recommenda6 tions for award made by the Marine Biotechnology

7 Review Panel under subsection (d).

8 ‘‘(d) MARINE BIOTECHNOLOGY REVIEW PANEL.—

9 ‘‘(1) ESTABLISHMENT AND DUTIES.—Subject

10 to the availability of appropriations under section

11 212(c), the Director, in consultation with the direc12 tors of the sea grant colleges, shall convene a panel,

13 to be known as the Marine Biotechnology Review

14 Panel, that shall—

15 ‘‘(A) review, on a competitive basis, the ap16 plications made under this section for grants

17 and contracts to determine their respective sci18 entific, technical, educational, and commercial

19 merits and likely contributions toward achieving

20 the purposes of this section; and

21 ‘‘(B) on the basis of the review under sub22 paragraph (A), and with due regard for the

23 overall balance and coordination of the marine

24 biotechnology program, make recommendations
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1 to the Secretary regarding the awarding of

2 grants and contracts under this section.

3 ‘‘(2) MEMBERSHIP.—The Marine Biotechnology

4 Review Panel shall—

5 ‘‘(A) consist of not more than 15 individ6 uals with scientific or technical expertise in ma7 rine biotechnology or relevant related fields, in8 cluding at least two qualified individuals with

9 expertise in marine or freshwater ecological risk

10 assessment;

11 ‘‘(B) reflect a balance among areas of ex12 pertise consistent with the purposes of this sec13 tion;

14 ‘‘(C) include not more than two Federal

15 employees, none of which may be employees of

16 the National Oceanic and Atmospheric Admin17 istration;

18 ‘‘(D) not include directors of sea grant col19 leges; and

20 ‘‘(E) reflect geographic balance, consistent

21 with the primary objectives of a high level of ex22 pertise and balance among areas of expertise.

23 ‘‘(3) ALLOWANCES.—Each member of the Ma24 rine Biotechnology Review panel shall receive travel

25 expenses, including per diem in lieu of subsistence,
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1 in accordance with sections 5702 and 5703 of title

2 5, United States Code.’’.

3 (b) DEFINITIONS.—(1) Section 203 of the National

4 Sea Grant College Program Act (33 U.S.C. 1122) is

5 amended by redesignating paragraphs (6) through (15) as

6 paragraphs (7) through (16), respectively, and by insert7 ing after paragraph (5) the following new paragraph:

8 ‘‘(6) The term ‘marine biotechnology’ means

9 the application of molecular and cellular techniques

10 to marine and other aquatic organisms for the pur11 poses of—

12 ‘‘(A) identifying, isolating, developing and

13 enhancing products that are derived from the

14 aquatic environment;

15 ‘‘(B) developing new techniques and proc16 esses that may be applied to marine and coastal

17 resources; and

18 ‘‘(C) monitoring human health and treat19 ing diseases.’’.

20 (2) Section 203(4) of the National Sea Grant College

21 Program Act (33 U.S.C. 1122(4) is amended by inserting

22 ‘‘marine biotechnology,’’ immediately after ‘‘marine tech23 nology,’’.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

2 212 of the National Sea Grant College Program Act (33

3 U.S.C. 1131) is amended—

4 (1) in subsection (b), by inserting ‘‘but not in5 cluding section 206’’ immediately after ‘‘section

6 209’’;

7 (2) by redesignating subsections (c), (d), and

8 (e) as subsection (d), (e) and (f) respectively; and

9 (3) by inserting immediately after subsection

10 (b) the following new subsection:

11 ‘‘(c) MARINE BIOTECHNOLOGY PROGRAM.—

12 ‘‘(1) GRANTS AND CONTRACTS.—There is au13 thorized to be appropriated to carry out the provi14 sions of section 206 (other than for administration)

15 an amount—

16 ‘‘(A) for each of fiscal years 1994 and

17 1995, not to exceed $20,000,000; and

18 ‘‘(B) for each of fiscal years 1996 and

19 1997, not to exceed $25,000,000.

20 ‘‘(2) ADMINISTRATION.—There is authorized to

21 be appropriated for the administration of section

22 206, an amount—

23 ‘‘(A) for each of fiscal years 1994 and

24 1995, not to exceed $200,000; and
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1 ‘‘(B) for each of fiscal years 1996 and

2 1997, not to exceed $250,000.’’.

3 TITLE XXI—DOCUMENTATION OF

4 VESSELS

5 SEC. 2101. AUTHORIZATION OF DOCUMENTATION FOR VAR6 IOUS VESSELS.

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

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

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

10 May 28, 1906 (46 App. U.S.C. 292), and sections 12106,

11 12107, and 12108 of title 46, United States Code, the

12 Secretary of the department in which the Coast Guard is

13 operating may issue a certificate of documentation with

14 appropriate endorsements for the vessels listed in sub15 section (b).

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

17 subsection (a) are the following:

18 (1) ABORIGINAL (United States official num19 ber 942118).

20 (2) ALPHA TANGO (United States official

21 number 945782).

22 (3) ANNAPOLIS (United States official num23 ber 999008).

24 (4) ARTHUR ATKINSON (former United

25 States official number 214656).
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1 (5) ATTITUDE (North Carolina registration

2 number NC3607AN).

3 (6) BAGGER (Hawaii registration number

4 HI1809E).

5 (7) BIG DAD (United States official number

6 565022).

7 (8) BIG GUY (United States official number

8 939310).

9 (9) BROKEN PROMISE (United States offi10 cial number 904435).

11 (10) CHESAPEAKE (United States official

12 number 999010).

13 (11) CHRISSY (Maine registration number

14 ME4778B).

15 (12) CONSORT (United States official number

16 999005).

17 (13) CURTIS BAY (United States official

18 number 999007).

19 (14) EAGLE MAR (United States official num20 ber 575349).

21 (15) EMERALD AYES (United States official

22 number 986099).

23 (16) EMPRESS (United States official number

24 975018).
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1 (17) ENDEAVOR (United States official num2 ber 947869).

3 (18) FIFTY ONE (United States official num4 ber 1020419).

5 (19) FIREBIRD (United States official number

6 253656).

7 (20) GIBRALTAR (United States official num8 ber 668634).

9 (21) HAMPTON ROADS (United States offi10 cial number 999009).

11 (22) INTREPID (United States official number

12 508185).

13 (23) ISABELLE (United States official num14 ber 600655).

15 (24) JAMESTOWN (United States official

16 number 999006).

17 (25) JOAN MARIE (North Carolina official

18 number NC2319AV).

19 (26) KLIPPER (New York registration number

20 NY8166AN).

21 (27) L.R. BEATTIE (United States official

22 number 904161).

23 (28) LADY ANGELA (United States official

24 number 933045).
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•HR 4852 EH1S

1 (29) LADY HAWK (United States official

2 number 961095).

3 (30) LADY HELEN (United States official

4 number 527746).

5 (31) MANDIRAN (United States official num6 ber 939915).

7 (32) MEMORY MAKER (Maryland registra8 tion number MD8867AW, hull number 3151059).

9 (33) OLD HAT (United States official number

10 508299).

11 (34) ORCA (United States official number

12 504279).

13 (35) REEL TOY (United States official num14 ber 698383).

15 (36) RENDEZVOUS (United States official

16 number 924140).

17 (37) SALLIE D (Maryland registration number

18 MD2655A).

19 (38) SEAHAWK (United States official num20 ber 673537).

21 (39) SEAHAWK III (United States official

22 number 996375).

23 (40) SEA MISTRESS (United States official

24 number 696806).
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•HR 4852 EH1S

1 (41) SERENITY (United States official num2 ber 1021393).

3 (42) SHAMROCK V (United States official

4 number 900936).

5 (43) SILENT WINGS (United States official

6 number 969182).

7 (44) SUNSHINE (United States official num8 ber 974320).

9 (45) TECUMSEH (United States official num10 ber 668633).

11 (46) VIKING (former United States official

12 number 224430).

13 (47) WHY KNOT (United States official num14 ber 688570).

15 (48) WOLF GANG II (United States official

16 number 984934).

17 (49) A hopper barge owned by Foley & Foley

18 Marine Contractors, Inc. (United States official

19 number 264959).

20 (50) Each of 2 barges owned by Roen Salvage

21 Co., numbered 103 and 203.

22 (51) Each of 3 spud barges owned by Dan’s

23 Excavating, Inc., as follows:

24 (A) Spud barge 102 (United States official

25 number 1021958).
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1 (B) Spud barge 103 (United States official

2 number 1021960).

3 (C) Spud barge 968 (United States official

4 number 1021959).

5 (52) Each of 3 barges owned by Harbor Marine

6 Corporation of Rhode Island, as follows:

7 (A) HARBOR 223 (approximately 110

8 feet in length).

9 (B) GENE ELIZABETH (approximately

10 200 feet in length).

11 (C) HARBOR 221 (approximately 90 feet

12 in length).

13 (53) SMALLEY 6808 Amphibious Dredge

14 (Florida registration number FL1855FF).

15 (54) TOO MUCH FUN (United States official

16 number 936565).

17 SEC. 2102. AUTHORIZATION OF DOCUMENTATION FOR THE

18 ATLANTIS III.

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 section 12106 of title 46, Unit22 ed States Code, the Secretary of the department in which

23 the Coast Guard is operating may issue a certificate of

24 documentation with appropriate coastwise endorsement

25 for employment in the coastwise trade in Alaska during
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1 the period beginning May 1, 1995, and ending October

2 31, 1996, for the vessel ATLANTIS III (Coast Guard

3 MSIS number CG006455).

4 SEC. 2103. VESSEL DOCUMENTATION FOR CHARITY

5 CRUISES.

6 (a) AUTHORITY TO DOCUMENT VESSELS.—

7 (1) IN GENERAL.—Notwithstanding section 27

8 of the Merchant Marine Act, 1920 (46 App. U.S.C.

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

10 289), and section 12106 of title 46, United States

11 Code, and subject to paragraph (2), the Secretary of

12 the department in which the Coast Guard is operat13 ing may issue a certificate of documentation with a

14 coastwise endorsement for each of the vessels—

15 (A) GALLANT LADY (Feadship hull

16 number 645, approximately 130 feet in length);

17 and

18 (B) GALLANT LADY (Feadship hull

19 number 651, approximately 172 feet in length).

20 (2) LIMITATION ON OPERATION.—Coastwise

21 trade authorized under a certificate of documenta22 tion issued for a vessel under this section shall be

23 limited to carriage of passengers in association with

24 contributions to charitable organizations no portion
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•HR 4852 EH1S

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. 2104. 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. 2105. 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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•HR 4852 EH1S

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. 2106. 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

21 determines—

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.

4 SEC. 2107. AUTHORIZATION FOR R/V ROSS SEAL TO BE DOC5 UMENTED UNDER THE LAWS OF A FOREIGN

6 COUNTRY.

7 Notwithstanding any other law—

8 (1) during the period beginning March 1, 1995,

9 and ending March 1, 1998, the vessel R/V ROSS

10 SEAL (United States official number 582641) may

11 be documented under the laws of a foreign country;

12 (2) that vessel shall not be prohibited from or

13 otherwise ineligible to engage in coastwise trade, by

14 reason of having been documented under the laws of

15 a foreign country in that period; and

16 (3) the Secretary of Transportation may not, by

17 reason of that vessel having been documented under

18 the laws of a foreign country in the period, withhold

19 documentation for that vessel under chapter 121 of

20 title 46, United States Code, .

Passed the House of Representatives October 7,

1994.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 4852

AN ACT

To provide congressional approval of a governing

1995, and for other purposes.propriations for the Coast Guard for fiscal yearinternational fishery agreement, to authorize ap-