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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4852 Engrossed in House (EH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oceans Act of 1994''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

                           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.
       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

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.
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.

                 TITLE I--HIGH SEAS FISHERIES LICENSING

SEC. 101. SHORT TITLE.

    This title may be cited as the ``High Seas Fisheries Licensing Act 
of 1994''.

SEC. 102. PURPOSE.

    It is the purpose of this Act--
            (1) to implement the Agreement to Promote Compliance with 
        International Conservation and Management Measures by Fishing 
        Vessels on the High Seas, adopted by the Conference of the Food 
        and Agriculture Organization of the United Nations on November 
        24, 1993; and
            (2) to establish a system of licensing, reporting, and 
        regulation for vessels of the United States fishing on the high 
        seas.

SEC. 103. DEFINITIONS.

    As used in this Act:
            (1) The term ``Agreement'' means the Agreement to Promote 
        Compliance with International Conservation and Management 
        Measures by Fishing Vessels on the High Seas, adopted by the 
        Conference of the Food and Agriculture Organization of the 
        United Nations on November 24, 1993.
            (2) The term ``FAO'' means the Food and Agriculture 
        Organization of the United Nations.
            (3) The term ``high seas'' means the waters beyond the 
        territorial sea or exclusive economic zone (or the equivalent) 
        of any nation, to the extent that such territorial sea or 
        exclusive economic zone (or the equivalent) is recognized by 
        the United States.
            (4) The term ``high seas fishing vessel'' means any vessel 
        of the United States used or intended for use--
                    (A) on the high seas;
                    (B) for the purpose of the commercial exploitation 
                of living marine resources; and
                    (C) as a harvesting vessel, as a mother ship, or as 
                any other support vessel directly engaged in a fishing 
                operation.
            (5) The term ``international conservation and management 
        measures'' means measures to conserve or manage one or more 
        species of living marine resources that are adopted and applied 
        in accordance with the relevant rules of international law, as 
        reflected in the 1982 United Nations Convention on the Law of 
        the Sea, and that are recognized by the United States. Such 
        measures may be adopted by global, regional, or sub-regional 
        fisheries organizations, subject to the rights and obligations 
        of their members, or by treaties or other international 
        agreements.
            (6) The term ``length'' means--
                    (A) for any high seas fishing vessel built after 
                July 18, 1982, 96 percent of the total length on a 
                waterline at 85 percent of the least molded depth 
                measured from the top of the keel, or the length from 
                the foreside of the stem to the axis of the rudder 
                stock on that waterline, if that is greater. In ships 
                designed with a rake or keel the waterline on which 
                this length is measured shall be parallel to the 
                designed waterline; and
                    (B) for any high seas fishing vessel built before 
                July 18, 1982, registered length as entered on the 
                vessel's documentation.
            (7) The term ``person'' means any individual (whether or 
        not a citizen of or national of the United States), any 
        corporation, partnership, association, or other entity (whether 
        or not organized or existing under the laws of any State), and 
        any Federal, State, local, or foreign government or any entity 
        of any such government.
            (8) The term ``Secretary'' means the Secretary of Commerce.
            (9) The term ``vessel of the United States'' means--
                    (A) a vessel documented under chapter 121 of title 
                46, United States Code, or numbered in accordance with 
                chapter 123 of title 46, United States Code;
                    (B) a vessel owned in whole or part by--
                            (i) the United States or a territory, 
                        commonwealth, or possession of the United 
                        States;
                            (ii) a State or political subdivision 
                        thereof;
                            (iii) a citizen or national of the United 
                        States; or
                            (iv) a corporation created under the laws 
                        of the United States or any State, the District 
                        of Columbia, or any territory, commonwealth, or 
                        possession of the United States; unless the 
                        vessel has been granted the nationality of a 
                        foreign nation in accordance with article 92 of 
                        the 1982 United Nations Convention on the Law 
                        of the Sea and a claim of nationality or 
                        registry for the vessel is made by the master 
                        or individual in charge at the time of the 
                        enforcement action by an officer or employee of 
                        the United States authorized to enforce 
                        applicable provisions of the United States law; 
                        and
                    (C) a vessel that was once documented under the 
                laws of the United States and, in violation of the laws 
                of the United States, was either sold to a person not a 
                citizen of the United States or placed under foreign 
                registry or a foreign flag, whether or not the vessel 
                has been granted the nationality of a foreign nation.
            (10) The terms ``vessel subject to the jurisdiction of the 
        United States'' and ``vessel without nationality'' have the 
        same meaning as in section 1903(c) of title 46 United States 
        Code Appendix.

SEC. 104. LICENSING.

    (a) In General.--No high seas fishing vessel shall engage in 
harvesting operations on the high seas unless the vessel has on board a 
valid license issued under this section.
    (b) Eligibility.--
            (1) Any vessel of the United States is eligible to receive 
        a license under this section, unless the vessel was previously 
        authorized to be used for fishing on the high seas by a foreign 
        nation, and
                    (A) the foreign nation suspended such authorization 
                because the vessel undermined the effectiveness of 
                international conservation and management measures, and 
                the suspension has not expired; or
                    (B) the foreign nation, within the last three years 
                preceding application for a license under this section, 
                withdrew such authorization because the vessel 
                undermined the effectiveness of international 
                conservation and management measures.
            (2) The restriction in paragraph (1) does not apply if 
        ownership of the vessel has changed since the vessel undermined 
        the effectiveness of international conservation and management 
        measures, and the new owner has provided sufficient evidence to 
        the Secretary demonstrating that the previous owner or operator 
        has no further legal, beneficial or financial interest in, or 
        control of, the vessel.
            (3) The restriction in paragraph (1) does not apply if the 
        Secretary makes a determination that issuing a license would 
        not subvert the purposes of the Agreement.
            (4) The Secretary may not issue a license to a vessel 
        unless the Secretary is satisfied that the United States will 
        be able to exercise effectively its responsibilities under the 
        Agreement with respect to that vessel.
    (c) Application.--
            (1) The owner or operator of a high seas fishing vessel may 
        apply for a license under this section by completing an 
        application form prescribed by the Secretary.
            (2) The application form shall contain--
                    (A) the vessel's name, previous names (if known), 
                official numbers, and port of record;
                    (B) the vessel's previous flags (if any);
                    (C) the vessel's International Radio Call Sign (if 
                any);
                    (D) the names and addresses of the vessel's owners 
                and operators;
                    (E) where and when the vessel was built;
                    (F) the type of vessel;
                    (G) the vessel's length; and
                    (H) any other information the Secretary requires.
    (d) Conditions.--The Secretary shall establish such conditions and 
restrictions on each license issued under this section as are necessary 
and appropriate to carry out the obligations of the United States under 
the Agreement, including but not limited to the following:
            (1) The vessel shall be marked in accordance with the FAO 
        Standard Specifications for the Marking and Identification of 
        Fishing Vessels, or with regulations issued under section 305 
        of the Magnuson Fishery Conservation and Management Act (16 
        U.S.C. 1855).
            (2) The license holder shall report such information as the 
        Secretary by regulation requires, including area of fishing 
        operations and catch statistics. The Secretary shall promulgate 
        regulations concerning conditions under which information 
        submitted under this paragraph may be released.
    (e) Fees.--
            (1) The Secretary may by regulation establish the level of 
        fees to be charged for licenses issued under this section. The 
        amount of any fee charged for a license issued under this 
        section may not exceed the administrative costs incurred in 
        issuing such licenses. The licensing fee shall be in addition 
        to any fee required under any regional licensing regime 
        applicable to high seas fishing vessels.
            (2) The fees authorized by paragraph (1) shall be collected 
        and credited to the Operations, Research and Facilities account 
        of the National Oceanic and Atmospheric Administration. Fees 
        collected under this subsection shall be available for the 
        necessary expenses of the National Oceanic and Atmospheric 
        Administration in implementing this Act, and shall remain 
        available until expended.
    (f) Duration.--A license issued under this section is valid for the 
period specified in regulations issued under section 105(d). A license 
issued under this section is void in the event the vessel is no longer 
eligible for United States documentation, such documentation is revoked 
or denied, or the vessel is deleted from such documentation.

SEC. 105. RESPONSIBILITIES OF THE SECRETARY.

    (a) Record.--The Secretary shall maintain an automated file or 
record of high seas fishing vessels issued licenses under section 104, 
including all information submitted under section 104(c)(2).
    (b) Information to FAO.--The Secretary, in cooperation with the 
Secretary of State and the Secretary of the department in which the 
Coast Guard is operating, shall--
            (1) make available to FAO information contained in the 
        record maintained under subsection (a);
            (2) promptly notify FAO of changes in such information;
            (3) promptly notify FAO of additions to or deletions from 
        the record, and the reason for any deletion;
            (4) convey to FAO information relating to any license 
        granted under section 104(b)(3), including the vessel's 
        identity, owner or operator, and factors relevant to the 
        Secretary's determination to issue the license;
            (5) report promptly to FAO all relevant information 
        regarding any activities of high seas fishing vessels that 
        undermine the effectiveness of international conservation and 
        management measures, including the identity of the vessels and 
        any sanctions imposed; and
            (6) provide the FAO a summary of evidence regarding any 
        activities of foreign vessels that undermine the effectiveness 
        of international conservation and management measures.
    (c) Information to Flag Nations.--If the Secretary, in cooperation 
with the Secretary of State and the Secretary of the department in 
which the Coast Guard is operating, has reasonable grounds to believe 
that a foreign vessel has engaged in activities undermining the 
effectiveness of international conservation and management measures, 
the Secretary shall--
            (1) provide to the flag nation information, including 
        appropriate evidentiary material, relating to those activities; 
        and
            (2) when such foreign vessel is voluntarily in a United 
        States port, promptly notify the flag nation and, if requested 
        by the flag nation, make arrangements to undertake such lawful 
        investigatory measures as may be considered necessary to 
        establish whether the vessel has been used contrary to the 
        provisions of the Agreement.
    (d) Regulations.--The Secretary, after consultation with the 
Secretary of State and the Secretary of the department in which the 
Coast Guard is operating, may promulgate such regulations, in 
accordance with section 553 of title 5, United States Code, as may be 
necessary to carry out the purposes of the Agreement and this title. 
The Secretary shall coordinate such regulations with any other entities 
regulating high seas fishing vessels, in order to minimize duplication 
of license application and reporting requirements. To the extent 
practicable, such regulations shall also be consistent with regulations 
implementing fishery management plans under the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).
    (e) Notice of International Conservation and Management Measures.--
The Secretary, in consultation with the Secretary of State, shall 
publish in the Federal Register, from time to time, a notice listing 
international conservation and management measures recognized by the 
United States.

SEC. 106. UNLAWFUL ACTIVITIES.

    It is unlawful for any person subject to the jurisdiction of the 
United States--
            (1) to use a high seas fishing vessel on the high seas in 
        contravention of international conservation and management 
        measures described in section 105(e);
            (2) to use a high seas fishing vessel on the high seas, 
        unless the vessel has on board a valid license issued under 
        section 104;
            (3) to use a high seas fishing vessel in violation of the 
        conditions or restrictions of a license issued under section 
        104;
            (4) to falsify any information required to be reported, 
        communicated, or recorded pursuant to this title or any 
        regulation issued under this title, or to fail to submit in a 
        timely fashion any required information, or to fail to report 
        to the Secretary immediately any change in circumstances that 
        has the effect of rendering any such information false, 
        incomplete, or misleading;
            (5) to refuse to permit an authorized officer to board a 
        high seas fishing vessel subject to such person's control for 
        purposes of conducting any search or inspection in connection 
        with the enforcement of this title or any regulation issued 
        under this title;
            (6) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with an authorized officer in the 
        conduct of any search or inspection described in paragraph (5);
            (7) to resist a lawful arrest or detention for any act 
        prohibited by this section;
            (8) to interfere with, delay, or prevent, by any means, the 
        apprehension, arrest, or detection of another person, knowing 
        that such person has committed any act prohibited by this 
        section;
            (9) to ship, transport, offer for sale, sell, purchase, 
        import, export, or have custody, control, or possession of, any 
        living marine resource taken or retained in violation of this 
        title or any regulation or license issued under this title; or
            (10) to violate any provision of this title or any 
        regulation or license issued under this title.

SEC. 107. ENFORCEMENT PROVISIONS.

    (a) Duties of Secretaries.--This title shall be enforced by the 
Secretary of Commerce and the Secretary of the department in which the 
Coast Guard is operating. Such Secretaries may by agreement utilize, on 
a reimbursable basis or otherwise, the personnel, services, equipment 
(including aircraft and vessels), and facilities of any other Federal 
agency, or of any State agency, in the performance of such duties. Such 
Secretaries shall, and the head of any Federal or State agency that has 
entered into an agreement with either such Secretary under this section 
may (if the agreement so provides), authorize officers to enforce the 
provisions of this title or any regulation or license issued under this 
title.
    (b) District Court Jurisdiction.--The district courts of the United 
States shall have exclusive jurisdiction over any case or controversy 
arising under the provisions of this title. In the case of Guam, and 
any Commonwealth, territory, or possession of the United States in the 
Pacific Ocean, the appropriate court is the United States District 
Court for the District of Guam, except that in the case of American 
Samoa, the appropriate court is the United States District Court for 
the District of Hawaii.
    (c) Powers of Enforcement Officers.--
            (1) Any officer who is authorized under subsection (a) to 
        enforce the provisions of this title may--
                    (A) with or without a warrant or other process--
                            (i) arrest any person, if the officer has 
                        reasonable cause to believe that such person 
                        has committed an act prohibited by paragraph 
                        (6), (7), (8), or (9) of section 106;
                            (ii) board, and search or inspect, any high 
                        seas fishing vessel;
                            (iii) seize any high seas fishing vessel 
                        (together with its fishing gear, furniture, 
                        appurtenances, stores, and cargo) used or 
                        employed in, or with respect to which it 
                        reasonably appears that such vessel was used or 
                        employed in, the violation of any provision of 
                        this title or any regulation or license issued 
                        under this title;
                            (iv) seize any living marine resource 
                        (wherever found) taken or retained, in any 
                        manner, in connection with or as a result of 
                        the commission of any act prohibited by section 
                        106; and
                            (v) seize any other evidence related to any 
                        violation of any provision of this title or any 
                        regulation or license issued under this title;
                    (B) execute any warrant or other process issued by 
                any court of competent jurisdiction; and
                    (C) exercise any other lawful authority.
            (2) Subject to the direction of the Secretary, a person 
        charged with law enforcement responsibilities by the Secretary 
        who is performing a duty related to enforcement of a law 
        regarding fisheries or other marine resources may make an 
        arrest without a warrant for an offense against the United 
        States committed in his presence, or for a felony cognizable 
        under the laws of the United States, if he has reasonable 
        grounds to believe that the person to be arrested has committed 
        or is committing a felony.
    (d) Issuance of Citations.--If any authorized officer finds that a 
high seas fishing vessel is operating or has been operated in violation 
of any provision of this title, such officer may issue a citation to 
the owner or operator of such vessel in lieu of proceeding under 
subsection (c). If a permit has been issued pursuant to this title for 
such vessel, such officer shall note the issuance of any citation under 
this subsection, including the date thereof and the reason therefor, on 
the permit. The Secretary shall maintain a record of all citations 
issued pursuant to this subsection.

SEC. 108. CIVIL PENALTIES AND LICENSE SANCTIONS.

    (a) Civil Penalties.--
            (1) Any person who is found by the Secretary, after notice 
        and opportunity for a hearing in accordance with section 554 of 
        title 5, United States Code, to have committed an act 
        prohibited by section 106 shall be liable to the United States 
        for a civil penalty. The amount of the civil penalty shall not 
        exceed $100,000 for each violation. Each day of a continuing 
        violation shall constitute a separate offense. The amount of 
        such civil penalty shall be assessed by the Secretary by 
        written notice. In determining the amount of such penalty, the 
        Secretary shall take into account the nature, circumstances, 
        extent, and gravity of the prohibited acts committed and, with 
        respect to the violation, the degree of culpability, any 
        history of prior offenses, and such other matters as justice 
        may require.
            (2) The Secretary may compromise, modify, or remit, with or 
        without conditions, any civil penalty that is subject to 
        imposition or that has been imposed under this section.
    (b) License Sanctions.--
            (1) In any case in which--
                    (A) a vessel of the United States has been used in 
                the commission of an act prohibited under section 106;
                    (B) the owner or operator of a vessel or any other 
                person who has been issued or has applied for a license 
                under section 104 has acted in violation of section 
                106; or
                    (C) any amount in settlement of a civil forfeiture 
                imposed on a high seas fishing vessel or other 
                property, or any civil penalty or criminal fine imposed 
                on a high seas fishing vessel or on an owner or 
                operator of such a vessel or on any other person who 
                has been issued or has applied for a license under any 
                fishery resource statute enforced by the Secretary, has 
                not been paid and is overdue, the Secretary may--
                            (i) revoke any license issued to or applied 
                        for by such vessel or person under this title, 
                        with or without prejudice to the issuance of 
                        subsequent licenses;
                            (ii) suspend such license for a period of 
                        time considered by the Secretary to be 
                        appropriate;
                            (iii) deny such license; or
                            (iv) impose additional conditions and 
                        restrictions on such license.
            (2) In imposing a sanction under this subsection, the 
        Secretary shall take into account--
                    (A) the nature, circumstances, extent, and gravity 
                of the prohibited acts for which the sanction is 
                imposed; and
                    (B) with respect to the violator, the degree of 
                culpability, any history of prior offenses, and such 
                other matters as justice may require.
            (3) Transfer of ownership of a high seas fishing vessel, by 
        sale or otherwise, shall not extinguish any license sanction 
        that is in effect or is pending at the time of transfer of 
        ownership. Before executing the transfer of ownership of a 
        vessel, by sale or otherwise, the owner shall disclose in 
        writing to the prospective transferee the existence of any 
        license sanction that will be in effect or pending with respect 
        to the vessel at the time of the transfer. The Secretary may 
        waive or compromise a sanction in the case of a transfer 
        pursuant to court order.
            (4) In the case of any license that is suspended under this 
        subsection for nonpayment of a civil penalty or criminal fine, 
        the Secretary shall reinstate the license upon payment of the 
        penalty or fine and interest thereon at the prevailing rate.
            (5) No sanctions shall be imposed under this subsection 
        unless there has been prior opportunity for a hearing on the 
        facts underlying the violation for which the sanction is 
        imposed, either in conjunction with a civil penalty proceeding 
        under this section or otherwise.
    (c) Hearing.--For the purposes of conducting any hearing under this 
section, the Secretary may issue subpoenas for the attendance and 
testimony of witnesses and the production of relevant papers, books, 
and documents, and may administer oaths. Witnesses summoned shall be 
paid the same fees and mileage that are paid to witnesses in the courts 
of the United States. In case of contempt or refusal to obey a subpoena 
served upon any person pursuant to this subsection, the district court 
of the United States for any district in which such person is found, 
resides, or transacts business, upon application by the United States 
and after notice to such person, shall have jurisdiction to issue an 
order requiring such person to appear and give testimony before the 
Secretary or to appear and produce documents before the Secretary, or 
both, and any failure to obey such order of the court may be punished 
by such court as a contempt thereof.
    (d) Judicial Review.--Any person against whom a civil penalty is 
assessed under subsection (a) or against whose vessel a license 
sanction is imposed under subsection (b) (other than a license 
suspension for nonpayment of penalty or fine) may obtain review thereof 
in the United States district court for the appropriate district by 
filing a complaint against the Secretary in such court within 30 days 
from the date of such penalty or sanction. The Secretary shall promptly 
file in such court a certified copy of the record upon which such 
penalty or sanction was imposed, as provided in section 2112 of title 
28, United States Code. The findings and order of the Secretary shall 
be set aside by such court if they are not found to be supported by 
substantial evidence, as provided in section 706(2) of title 5, United 
States Code.
    (e) Collection.--
            (1) If any person fails to pay an assessment of a civil 
        penalty after it has become a final and unappealable order, or 
        after the appropriate court has entered final judgment in favor 
        of the Secretary, the matter shall be referred to the Attorney 
        General, who shall recover the amount assessed in any 
        appropriate district court of the United States. In such action 
        the validity and appropriateness of the final order imposing 
        the civil penalty shall not be subject to review.
            (2) A high seas fishing vessel (including its fishing gear, 
        furniture, appurtenances, stores, and cargo) used in the 
        commission of an act prohibited by section 106 shall be liable 
        in rem for any civil penalty assessed for such violation under 
        subsection (a) and may be proceeded against in any district 
        court of the United States having jurisdiction thereof. Such 
        penalty shall constitute a maritime lien on such vessel that 
        may be recovered in an action in rem in the district court of 
        the United States having jurisdiction over the vessel.

SEC. 109. CRIMINAL OFFENSES.

    (a) Offenses.--A person is guilty of an offense if the person 
commits any act prohibited by paragraph (6), (7), (8), or (9) of 
section 106.
    (b) Punishment.--Any offense described in subsection (a) is a class 
A misdemeanor punishable by a fine under title 18, United States Code, 
or imprisonment for not more than one year, or both; except that if in 
the commission of any offense the person uses a dangerous weapon, 
engages in conduct that causes bodily injury to any authorized officer, 
or places any such officer in fear of imminent bodily injury, the 
offense is a felony punishable by a fine under title 18, United States 
Code, or imprisonment for not more than 10 years, or both.

SEC. 110. FORFEITURES.

    (a) In General.--Any high seas fishing vessel (including its 
fishing gear, furniture, appurtenances, stores, and cargo) used, and 
any living marine resources (or the fair market value thereof) taken or 
retained, in any manner, in connection with or as a result of the 
commission of any act prohibited by section 106 (other than an act for 
which the issuance of a citation under section 107 is a sufficient 
sanction) shall be subject to forfeiture to the United States. All or 
part of such vessel may, and all such living marine resources (or the 
fair market value thereof) shall, be forfeited to the United States 
pursuant to a civil proceeding under this section.
    (b) Jurisdiction of District Courts.--Any district court of the 
United States shall have jurisdiction, upon application of the Attorney 
General on behalf of the United States, to order any forfeiture 
authorized under subsection (a) and any action provided for under 
subsection (d).
    (c) Judgment.--If a judgment is entered for the United States in a 
civil forfeiture proceeding under this section, the Attorney General 
may seize any property or other interest declared forfeited to the 
United States, which has not previously been seized pursuant to this 
title or for which security has not previously been obtained. The 
provisions of the customs laws relating to--
            (1) the seizure, forfeiture, and condemnation of property 
        for violation of the customs law;
            (2) the disposition of such property or the proceeds from 
        the sale thereof; and
            (3) the remission or mitigation of any such forfeiture;
shall apply to seizures and forfeitures incurred, or alleged to have 
been incurred, under the provisions of this title, unless such 
provisions are inconsistent with the purposes, policy, and provisions 
of this title.
    (d) Procedure.--
            (1) Any officer authorized to serve any process in rem that 
        is issued by a court under section 107(b) shall--
                    (A) stay the execution of such process; or
                    (B) discharge any living marine resources seized 
                pursuant to such process;
        upon receipt of a satisfactory bond or other security from any 
        person claiming such property. Such bond or other security 
        shall be conditioned upon such person delivering such property 
        to the appropriate court upon order thereof, without any 
        impairment of its value, or paying the monetary value of such 
        property pursuant to an order of such court. Judgment shall be 
        recoverable on such bond or other security against both the 
        principal and any sureties in the event that any condition 
        thereof is breached, as determined by such court.
            (2) Any living marine resources seized pursuant to this 
        title may be sold, subject to the approval of the appropriate 
        court, for not less than the fair market value thereof. The 
        proceeds of any such sale shall be deposited with such court 
        pending the disposition of the matter involved.
    (e) Rebuttable Presumption.--For purposes of this section, all 
living marine resources found on board a high seas fishing vessel and 
which are seized in connection with an act prohibited by section 106 
are presumed to have been taken or retained in violation of this title, 
but the presumption can be rebutted by an appropriate showing of 
evidence to the contrary.

SEC. 111. EFFECTIVE DATE.

    This title shall take effect 120 days after the date of enactment 
of this Act.

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

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Northwest Atlantic Fisheries 
Convention Act of 1994''.

SEC. 202. REPRESENTATION OF UNITED STATES UNDER CONVENTION.

    (a) Commissioners.--
            (1) Appointments, generally.--The Secretary shall appoint 
        not more than 3 individuals to serve as the representatives of 
        the United States on the General Council and the Fisheries 
        Commission, who shall each--
                    (A) be known as a ``United States Commissioner to 
                the Northwest Atlantic Fisheries Organization''; and
                    (B) serve at the pleasure of the Secretary.
            (2) Requirements for appointments.--
                    (A) The Secretary shall ensure that of the 
                individuals serving as Commissioners--
                            (i) at least 1 is appointed from among 
                        representatives of the commercial fishing 
                        industry;
                            (ii) 1 (but no more than 1) is an official 
                        of the Government; and
                            (iii) 1, other than the individual 
                        appointed under clause (ii), is a voting member 
                        of the New England Fishery Management Council.
                    (B) The Secretary may not appoint as a Commissioner 
                an individual unless the individual is knowledgeable 
                and experienced concerning the fishery resources to 
                which the Convention applies.
            (3) Terms.--
                    (A) The term of an individual appointed as a 
                Commissioner--
                            (i) shall be specified by the Secretary at 
                        the time of appointment; and
                            (ii) may not exceed 4 years.
                    (B) An individual who is not a Government official 
                may not serve more than 2 consecutive terms as a 
                Commissioner.
    (b) Alternate Commissioners.--
            (1) Appointment.--The Secretary may, for any anticipated 
        absence of a duly appointed Commissioner at a meeting of the 
        General Council or the Fisheries Commission, designate an 
        individual to serve as an Alternate Commissioner.
            (2) Functions.--An Alternate Commissioner may exercise all 
        powers and perform all duties of the Commissioner for whom the 
        Alternate Commissioner is designated, at any meeting of the 
        General Council or the Fisheries Commission for which the 
        Alternate Commissioner is designated.
    (c) Representatives.--
            (1) Appointment.--The Secretary shall appoint not more than 
        3 individuals to serve as the representatives of the United 
        States on the Scientific Council, who shall each be known as a 
        ``United States Representative to the Northwest Atlantic 
        Fisheries Organization Scientific Council''.
            (2) Eligibility for appointment.--
                    (A) The Secretary may not appoint an individual as 
                a Representative unless the individual is knowledgeable 
                and experienced concerning the scientific issues dealt 
                with by the Scientific Council.
                    (B) The Secretary shall appoint as a Representative 
                at least 1 individual who is an official of the 
                Government.
            (3) Term.--An individual appointed as a Representative--
                    (A) shall serve for a term of not to exceed 4 
                years, as specified by the Secretary at the time of 
                appointment;
                    (B) may be reappointed; and
                    (C) shall serve at the pleasure of the Secretary.
    (d) Alternate Representatives.--
            (1) Appointment.--The Secretary may, for any anticipated 
        absence of a duly appointed Representative at a meeting of the 
        Scientific Council, designate an individual to serve as an 
        Alternate Representative.
            (2) Functions.--An Alternate Representative may exercise 
        all powers and perform all duties of the Representative for 
        whom the Alternate Representative is designated, at any meeting 
        of the Scientific Council for which the Alternate 
        Representative is designated.
    (e) Experts and Advisers.--The Commissioners, Alternate 
Commissioners, Representatives, and Alternate Representatives may be 
accompanied at meetings of the Organization by experts and advisers.
    (f) Coordination and Consultation.--
            (1) In general.--In carrying out their functions under the 
        Convention, Commissioners, Alternate Commissioners, 
        Representatives, and Alternate Representatives shall--
                    (A) coordinate with the appropriate Regional 
                Fishery Management Councils established by section 302 
                of the Magnuson Act (16 U.S.C. 1852); and
                    (B) consult with the committee established under 
                section 208.
            (2) Relationship to other law.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to coordination 
        and consultations under this subsection.

SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE.

    (a) Restriction.--The Representatives may not make a request or 
specification described in subsection (b) (1) or (2), respectively, 
unless the Representatives have first--
            (1) consulted with the appropriate Regional Fishery 
        Management Councils; and
            (2) received the consent of the Commissioners for that 
        action.
    (b) Requests and Terms of Reference Described.--The requests and 
specifications referred to in subsection (a) are, respectively--
            (1) any request, under Article VII(1) of the Convention, 
        that the Scientific Council consider and report on a question 
        pertaining to the scientific basis for the management and 
        conservation of fishery resources in waters under the 
        jurisdiction of the United States within the Convention Area; 
        and
            (2) any specification, under Article VIII(2) of the 
        Convention, of the terms of reference for the consideration of 
        a question referred to the Scientific Council pursuant to 
        Article VII(1) of the Convention.

SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO CONVENTION.

    The Secretary of State may, on behalf of the Government of the 
United States--
            (1) receive and transmit reports, requests, 
        recommendations, proposals, and other communications of and to 
        the Organization and its subsidiary organs;
            (2) object, or withdraw an objection, to the proposal of 
        the Fisheries Commission;
            (3) give or withdraw notice of intent not to be bound by a 
        measure of the Fisheries Commission;
            (4) object or withdraw an objection to an amendment to the 
        Convention; and
            (5) act upon, or refer to any other appropriate authority, 
        any other communication referred to in paragraph (1).

SEC. 205. INTERAGENCY COOPERATION.

    (a) Authorities of Secretary.--In carrying out the provisions of 
the Convention and this title, the Secretary may arrange for 
cooperation with other agencies of the United States, the States, the 
New England and the Mid-Atlantic Fishery Management Councils, and 
private institutions and organizations.
    (b) Other Agencies.--The head of any Federal agency may--
            (1) cooperate in the conduct of scientific and other 
        programs, and furnish facilities and personnel, for the 
        purposes of assisting the Organization in carrying out its 
        duties under the Convention; and
            (2) accept reimbursement from the Organization for 
        providing such services, facilities, and personnel.

SEC. 206. RULEMAKING.

    The Secretary shall promulgate regulations as may be necessary to 
carry out the purposes and objectives of the Convention and this title. 
Any such regulation may be made applicable, as necessary, to all 
persons and all vessels subject to the jurisdiction of the United 
States, wherever located.

SEC. 207. PROHIBITED ACTS AND PENALTIES.

    (a) Prohibition.--It is unlawful for any person or vessel that is 
subject to the jurisdiction of the United States--
            (1) to violate any regulation issued under this title or 
        any measure that is legally binding on the United States under 
        the Convention;
            (2) to refuse to permit any authorized enforcement officer 
        to board a fishing vessel that is subject to the person's 
        control for purposes of conducting any search or inspection in 
        connection with the enforcement of this title, any regulation 
        issued under this title, or any measure that is legally binding 
        on the United States under the Convention;
            (3) forcibly to assault, resist, oppose, impede, 
        intimidate, or interfere with any authorized enforcement 
        officer in the conduct of any search or inspection described in 
        paragraph (2);
            (4) to resist a lawful arrest for any act prohibited by 
        this section;
            (5) to ship, transport, offer for sale, sell, purchase, 
        import, export, or have custody, control, or possession of, any 
        fish taken or retained in violation of this section; or
            (6) to interfere with, delay, or prevent, by any means, the 
        apprehension or arrest of another person, knowing that the 
        other person has committed an act prohibited by this section.
    (b) Civil Penalty.--Any person who commits any act that is unlawful 
under subsection (a) shall be liable to the United States for a civil 
penalty, or may be subject to a permit sanction, under section 308 of 
the Magnuson Act (16 U.S.C. 1858).
    (c) Criminal Penalty.--Any person who commits an act that is 
unlawful under paragraph (2), (3), (4), or (6) of subsection (a) shall 
be guilty of an offense punishable under section 309(b) of the Magnuson 
Act (16 U.S.C. 1859(b)).
    (d) Civil Forfeiture.--
            (1) In general.--Any vessel (including its gear, furniture, 
        appurtenances, stores, and cargo) used in the commission of an 
        act that is unlawful under subsection (a), and any fish (or the 
        fair market value thereof) taken or retained, in any manner, in 
        connection with or as a result of the commission of any act 
        that is unlawful under subsection (a), shall be subject to 
        seizure and forfeiture as provided in section 310 of the 
        Magnuson Act (16 U.S.C. 1860).
            (2) Disposal of fish.--Any fish seized pursuant to this 
        title may be disposed of pursuant to the order of a court of 
        competent jurisdiction or, if perishable, in a manner 
        prescribed by regulations issued by the Secretary.
    (e) Enforcement.--The Secretary and the Secretary of the department 
in which the Coast Guard is operating shall enforce the provisions of 
this title and shall have the authority specified in sections 311(a), 
(b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861(a), (b)(1), and 
(c)) for that purpose.
    (f) Jurisdiction of Courts.--The district courts of the United 
States shall have exclusive jurisdiction over any case or controversy 
arising under this section and may, at any time--
            (1) enter restraining orders or prohibitions;
            (2) issue warrants, process in rem, or other process;
            (3) prescribe and accept satisfactory bonds or other 
        security; and
            (4) take such other actions as are in the interests of 
        justice.

SEC. 208. CONSULTATIVE COMMITTEE.

    (a) Establishment.--The Secretary of State and the Secretary, shall 
jointly establish a consultative committee to advise the Secretaries on 
issues related to the Convention.
    (b) Membership.--(1) The membership of the Committee shall include 
representatives from the New England and Mid-Atlantic Fishery 
Management Councils, the States represented on those Councils, the 
Atlantic States Marine Fisheries Commission, the fishing industry, the 
seafood processing industry, and others knowledgeable and experienced 
in the conservation and management of fisheries in the Northwest 
Atlantic Ocean.
    (2) Terms and Reappointment.--Each member of the consultative 
committee shall serve for a term of two years and shall be eligible for 
reappointment.
    (c) Duties of the Committee.--Members of the consultative committee 
may attend--
            (1) all public meetings of the General Council or the 
        Fisheries Commission;
            (2) any other meetings to which they are invited by the 
        General Council or the Fisheries Commission; and
            (3) all nonexecutive meetings of the United States 
        Commissioners.
    (d) Relationship to Other Law.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the consultative committee 
established under this section.

SEC. 209. ADMINISTRATIVE MATTERS.

    (a) Prohibition on Compensation.--A person shall not receive any 
compensation from the Government by reason of any service of the person 
as--
            (1) a Commissioner, Alternate Commissioner, Representative, 
        or Alternative Representative;
            (2) an expert or adviser authorized under section 202(e); 
        or
            (3) a member of the consultative committee established by 
        section 208.
    (b) Travel and Expenses.--The Secretary of State shall, subject to 
the availability of appropriations, pay all necessary travel and other 
expenses of persons described in subsection (a)(1) and of not more than 
six experts and advisers authorized under section 202(e) with respect 
to their actual performance of their official duties pursuant to this 
title, in accordance with the Federal Travel Regulations and sections 
5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code.
    (c) Status as Federal Employees.--A person shall not be considered 
to be a Federal employee by reason of any service of the person in a 
capacity described in subsection (a), except for purposes of injury 
compensation and tort claims liability under chapter 81 of title 5, 
United States Code, and chapter 17 of title 28, United States Code, 
respectively.

SEC. 210. DEFINITIONS.

    In this title the following definitions apply:
            (1) Authorized enforcement officer.--The term ``authorized 
        enforcement officer'' means a person authorized to enforce this 
        title, any regulation issued under this title, or any measure 
        that is legally binding on the United States under the 
        Convention.
            (2) Commissioner.--The term ``Commissioner'' means a United 
        States Commissioner to the Northwest Atlantic Fisheries 
        Organization appointed under section 202(a).
            (3) Convention.--The term ``Convention'' means the 
        Convention on Future Multilateral Cooperation in the Northwest 
        Atlantic Fisheries, done at Ottawa on October 24, 1978.
            (4) Fisheries commission.--The term ``Fisheries 
        Commission'' means the Fisheries Commission provided for by 
        Articles II, XI, XII, XIII, and XIV of the Convention.
            (5) General council.--The term ``General Council'' means 
        the General Council provided for by Article II, III, IV, and V 
        of the Convention.
            (6) Magnuson act.--The term ``Magnuson Act'' means the 
        Magnuson Fishery Conservation and Management Act (16 U.S.C. 
        1801 et seq.).
            (7) Organization.--The term ``Organization'' means the 
        Northwest Atlantic Fisheries Organization provided for by 
        Article II of the Convention.
            (8) Person.--The term ``person'' means any individual 
        (whether or not a citizen or national of the United States), 
        and any corporation, partnership, association, or other entity 
        (whether or not organized or existing under the laws of any 
        State).
            (9) Representative.--The term ``Representative'' means a 
        United States Representative to the Northwest Atlantic 
        Fisheries Scientific Council appointed under section 202(c).
            (10) Scientific council.--The term ``Scientific Council'' 
        means the Scientific Council provided for by Articles II, VI, 
        VII, VIII, IX, and X of the Convention.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title, 
including use for payment as the United States contribution to the 
Organization as provided in Article XVI of the Convention, $500,000 for 
each of the fiscal years 1994, 1995, 1996, 1997, and 1998.

          TITLE III--GOVERNING INTERNATIONAL FISHERY AGREEMENT

SEC. 301. AGREEMENT WITH LITHUANIA.

    Notwithstanding section 203 of the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1823), the governing international 
fishery agreement between the Government of the United States of 
America and the government of the Republic of Lithuania, as contained 
in the message to Congress from the President of the United States 
dated July 18, 1994, is approved as a governing international fishery 
agreement for the purposes of such Act and shall enter into force and 
effect with respect to the United States on the date of enactment of 
this Act.

                TITLE IV--ATLANTIC TUNAS CONVENTION ACT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Atlantic Tunas Convention 
Authorization Act of 1994''.

SEC. 402. RESEARCH AND MONITORING ACTIVITIES.

    (a) Report to Congress.--The Secretary of Commerce shall, within 90 
days after the date of enactment of this Act, submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Merchant Marine and Fisheries of the House of 
Representatives--
            (1) identifying current governmental and nongovernmental 
        research and monitoring activities on Atlantic bluefin tuna and 
        other highly migratory species;
            (2) describing the personnel and budgetary resources 
        allocated to such activities; and
            (3) explaining how each activity contributes to the 
        conservation and management of Atlantic bluefin tuna and other 
        highly migratory species.
    (b) Research and Monitoring Program.--Section 3 of the Act of 
September 4, 1980 (16 U.S.C. 971i) is amended--
            (1) by amending the section heading to read as follows:

``SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.'';

            (2) by inserting ``(a) Biennial Report on Bluefin Tuna.--'' 
        before ``The Secretary of Commerce shall''; and
            (3) by adding at the end the following:
    ``(b) Highly Migratory Species Research and Monitoring.--
            ``(1) Within 6 months after the date of enactment of the 
        Atlantic Tunas Convention Authorization Act of 1994, the 
        Secretary of Commerce, in cooperation with the advisory 
        committee established under section 4 of the Atlantic Tunas 
        Convention Act of 1975 (16 U.S.C. 971b) and in consultation 
        with the United States Commissioners on the International 
        Commission for the Conservation of Atlantic Tunas (referred to 
        elsewhere in this section as the `Commission') and the 
        Secretary of State, shall develop and implement a comprehensive 
        research and monitoring program to support the conservation and 
        management of Atlantic bluefin tuna and other highly migratory 
        species that shall--
                    ``(A) identify and define the range of stocks of 
                highly migratory species in the Atlantic Ocean, 
                including Atlantic bluefin tuna; and
                    ``(B) provide for appropriate participation by 
                nations which are members of the Commission.
            ``(2) The program shall provide for, but not be limited 
        to--
                    ``(A) statistically designed cooperative tagging 
                studies;
                    ``(B) genetic and biochemical stock analyses;
                    ``(C) population censuses carried out through 
                aerial surveys of fishing grounds;
                    ``(D) adequate observer coverage and port sampling 
                of commercial and recreational fishing activity;
                    ``(E) collection of comparable real-time data on 
                commercial and recreational catches and landings 
                through the use of permits, logbooks, landing reports 
                for charter operations and fishing tournaments, and 
                programs to provide reliable reporting of the catch by 
                private anglers;
                    ``(F) studies of the life history parameters of 
                Atlantic bluefin tuna and other highly migratory 
                species;
                    ``(G) integration of data from all sources and the 
                preparation of data bases to support management 
                decisions; and
                    ``(H) other research as necessary.
            ``(3) In developing a program under this section, the 
        Secretary shall provide for comparable monitoring of all United 
        States fishermen to which the Atlantic Tunas Convention Act 
        applies with respect to effort and species composition of catch 
        and discards. The Secretary through the Secretary of State 
        shall encourage other member nations to adopt a similar 
        program.''.

SEC. 403. ADVISORY COMMITTEE PROCEDURES.

    Section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971b) is amended--
            (1) by inserting ``(a)'' before ``There''; and
            (2) by adding at the end the following:
    ``(b)(1) A majority of the members of the advisory committee shall 
constitute a quorum, but one or more such members designated by the 
advisory committee may hold meetings to provide for public 
participation and to discuss measures relating to the United States 
implementation of Commission recommendations.
    ``(2) The advisory committee shall elect a Chairman for a 2-year 
term from among its members.
    ``(3) The advisory committee shall meet at appropriate times and 
places at least twice a year, at the call of the Chairman or upon the 
request of the majority of its voting members, the United States 
Commissioners, the Secretary, or the Secretary of State.
    ``(4)(A) The Secretary shall provide to the advisory committee in a 
timely manner such administrative and technical support services as are 
necessary for the effective functioning of the committee.
    ``(B) The Secretary and the Secretary of State shall furnish the 
advisory committee with relevant information concerning fisheries and 
international fishery agreements.
    ``(5) The advisory committee shall determine its organization, and 
prescribe its practices and procedures for carrying out its functions 
under this Act, the Magnuson Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.), and the Convention. The advisory committee 
shall publish and make available to the public a statement of its 
organization, practices, and procedures.
    ``(6) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the advisory committee.''.

SEC. 404. REGULATIONS.

    Section 6(c)(3) of the Atlantic Tunas Convention Act of 1975 (16 
U.S.C. 971d(c)(3)) is amended by adding ``or fishery mortality level'' 
after ``quota of fish'' in the last sentence.

SEC. 405. FINES AND PERMIT SANCTIONS.

    Section 7(e) of the Atlantic Tunas Convention Act of 1975 (16 
U.S.C. 971(e)) is amended to read as follows:
    ``(e) The civil penalty and permit sanctions of section 308 of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1858) are 
hereby made applicable to violations of this section as if they were 
violations of section 307 of that Act.''.

SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

    Section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971h) is amended to read as follows:

                   ``authorization of appropriations

    ``Sec. 10. There are authorized to be appropriated to carry out 
this Act, including use for payment of the United States share of the 
joint expenses of the Commission as provided in Article X of the 
Convention, the following sums:
            ``(1) For fiscal year 1994, $2,750,000, of which $50,000 
        are authorized in the aggregate for the advisory committee 
        established under section 4 and the species working groups 
        established under section 4A, and $1,500,000 are authorized for 
        research activities under this Act.
            ``(2) For fiscal year 1995, $4,000,000, of which $62,000 
        are authorized in the aggregate for such advisory committee and 
        such working groups, and $2,500,000 are authorized for such 
        research activities.
            ``(3) For fiscal year 1996, $4,000,000 of which $75,000 are 
        authorized in the aggregate for such advisory committee and 
        such working groups, and $2,500,000 are authorized for such 
        research activities.''.

SEC. 407. REPORT AND CERTIFICATION.

    The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.) 
is amended by adding at the end thereof the following:

                            ``annual report

    ``Sec. 11. Not later than April 1, 1995, and annually thereafter, 
the Secretary shall prepare and transmit to the Committee on Merchant 
Marine and Fisheries of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report, that--
            ``(1) details for the previous 10-year period the catches 
        and exports to the United States of highly migratory species 
        (including tunas, swordfish, marlin and sharks) from nations 
        fishing on Atlantic stocks of such species that are subject to 
        management by the Commission;
            ``(2) identifies those fishing nations whose harvests are 
        inconsistent with conservation and management recommendations 
        of the Commission;
            ``(3) describes reporting requirements established by the 
        Secretary to ensure that imported fish products are in 
        compliance with all international management measures, 
        including minimum size requirements, established by the 
        Commission and other international fishery organizations to 
        which the United States is a party; and
            ``(4) describes actions taken by the Secretary under 
        section 12.

                            ``certification

    ``Sec. 12. (a) If the Secretary determines that vessels of any 
nation are harvesting fish which are subject to regulation pursuant to 
a recommendation of the Commission and which were taken from the 
convention area in a manner or under circumstances which would tend to 
diminish the effectiveness of the conservation recommendations of the 
Commission, the Secretary shall certify such fact to the President.
    ``(b) Such certification shall be deemed to be a certification for 
the purposes of section 8 of the Fishermen's Protective Act (22 U.S.C. 
1978).
    ``(c) Upon certification under subsection (a), the Secretary shall 
promulgate regulations under section 6(c)(4) with respect to a nation 
so certified.''.

SEC. 408. SENSE OF THE CONGRESS REGARDING CONSERVATION AND MANAGEMENT 
              OF ATLANTIC BLUEFIN TUNA.

    (a) Finding.--The Congress finds the following:
            (1) Atlantic bluefin tuna are a valuable commercial and 
        recreational fishery of the United States.
            (2) Many other countries also harvest Atlantic bluefin tuna 
        in the Atlantic Ocean and the Mediterranean Sea.
            (3) The International Commission for the Conservation of 
        Atlantic Tunas (hereinafter in this section referred to as the 
        ``Commission''), was established in 1969 to develop 
        conservation and management recommendations for Atlantic 
        bluefin tuna and other highly migratory species in the Atlantic 
        Ocean and the Mediterranean Sea.
            (4) The Commission adopted conservation and management 
        recommendations in 1974 to ensure the recovery and 
        sustainability of Atlantic bluefin tuna throughout the Atlantic 
        Ocean and the Mediterranean Sea.
            (5) In 1981, the Commission adopted a management strategy 
        for Atlantic bluefin tuna predicated on a hypothesis that 2 
        stocks of the fish existed: a western stock found in the 
        Atlantic west of 45 degrees west longitude (hereinafter in this 
        section referred to as the ``45 degree line''), and an eastern 
        stock found in the Atlantic Ocean east of the 45 degree line 
        and in the Mediterranean Sea.
            (6) Since 1981, the Commission has adopted additional, more 
        restrictive conservation and management recommendations for 
        Atlantic bluefin tuna for countries that harvest bluefin tuna 
        west of the 45 degree line, including a 25 percent quota 
        reduction since 1991 with an additional 40 percent quota 
        reduction scheduled for 1995.
            (7) The United States and other Commission members that 
        harvest bluefin tuna west of the 45 degree line have 
        implemented all conservation and management recommendations 
        adopted by the Commission for Atlantic bluefin tuna west of the 
        45 degree line.
            (8) Many other Commission members do not comply with the 
        conservation and management recommendations adopted by the 
        Commission for Atlantic bluefin tuna east of the 45 degree 
        line.
            (9) A recent National Academy of Sciences review of the 
        scientific data used by the Commission concluded that the 
        available data is consistent with a 1-stock management strategy 
        for bluefin tuna in the North Atlantic.
            (10) The National Academy of Sciences review also found 
        that abundance of Atlantic bluefin tuna in the western Atlantic 
        has remained stable since 1988, in contrast to the roughly 50 
        percent decline in abundance reported by the Commission.
            (11) The continued unrestricted harvesting of Atlantic 
        bluefin tuna east of the 45 degree line and in the 
        Mediterranean Sea will undermine the conservation 
        recommendations being implemented west of the line to rebuild 
        Atlantic bluefin tuna.
            (12) In order to successfully rebuild the Atlantic bluefin 
        tuna stock, conservation and management recommendations must be 
        adopted and implemented throughout the Atlantic Ocean and the 
        Mediterranean Sea.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) the United States and the Commission should continue to 
        promote the conservation and management of Atlantic bluefin 
        tuna throughout the Atlantic Ocean and Mediterranean Sea and 
        develop a program to rebuild Atlantic bluefin tuna that 
        requires the participation of all nations that harvest this 
        species;
            (2) the United States should ensure that the scientific 
        findings and recommendations of the National Academy of 
        Sciences Atlantic bluefin tuna review panel are made available 
        to and included in the considerations of the Commission's 
        scientific advisory panel;
            (3) the United States should oppose any further quota 
        reductions for nations harvesting Atlantic bluefin tuna west of 
        the 45 degree line and insist that all nations harvesting 
        Atlantic bluefin tuna west and east of the 45 degree line 
        implement comparable conservation and rebuilding programs for 
        the Atlantic bluefin tuna resource;
            (4) the continued harvesting by fishermen from any country 
        which is a member of the Commission and which does not comply 
        with the conservation and management recommendations of the 
        Commission will be considered by the Congress to diminish the 
        effectiveness of an international fishery conservation program 
        and, as such, will be considered by the Congress to be subject 
        to the embargo provision in section 6 of the Atlantic Tunas 
        Convention Act;
            (5) the United States should encourage other nations with 
        significant markets for Atlantic bluefin tuna to prohibit the 
        importation of that species from harvesting nations which do 
        not comply with the conservation and management recommendations 
        adopted by the Commission; and
            (6) the United States should encourage the Commission to 
        adopt recommendations encouraging the use of trade actions by 
        member nations as enforcement measures when the actions of a 
        nation are undermining the effectiveness of conservation and 
        management recommendations of the Commission.

                  TITLE V--FISHERMEN'S PROTECTIVE ACT

SEC. 501. FINDINGS.

    The Congress finds that--
            (1) customary international law and the United Nations 
        Convention on the Law of the Sea guarantee the right of 
        passage, including innocent passage, to vessels through the 
        waters commonly referred to as the ``Inside Passage'' off the 
        Pacific Coast of Canada;
            (2) Canada recently required all commercial fishing vessels 
        of the United States to pay 1,500 Canadian dollars to obtain a 
        ``license which authorizes transit'' through the Inside 
        Passage;
            (3) this action was inconsistent with international law, 
        including the United Nations Convention on the Law of the Sea, 
        and, in particular, Article 26 of that Convention, which 
        specifically prohibits such fees, and threatened the safety of 
        United States commercial fishermen who sought to avoid the fee 
        by traveling in less protected waters;
            (4) the Fishermen's Protective Act of 1967 provides for the 
        reimbursement of vessel owners who are forced to pay a license 
        fee to secure the release of a vessel which has been seized, 
        but does not permit reimbursement of a fee paid by the owner in 
        advance in order to prevent a seizure;
            (5) Canada required that the license fee be paid in person 
        in 2 ports on the Pacific Coast of Canada, or in advance by 
        mail;
            (6) significant expense and delay was incurred by 
        commercial fishing vessels of the United States that had to 
        travel from the point of seizure back to one of those ports in 
        order to pay the license fee required by Canada, and the costs 
        of that travel and delay can not be reimbursed under the 
        Fishermen's Protective Act;
            (7) the Fishermen's Protective Act of 1967 should be 
        amended to permit vessel owners to be reimbursed for fees 
        required by a foreign government to be paid in advance in order 
        to navigate in the waters of that foreign country if the United 
        States considers that fee to be inconsistent with international 
        law;
            (8) the Secretary of State should seek to recover from 
        Canada any amounts paid by the United States to reimburse 
        vessel owners who paid the transit license fee;
            (9) the United States should review its current policy with 
        respect to anchorage by commercial fishing vessels of Canada in 
        waters of the United States off Alaska, including waters in and 
        near the Dixon Entrance, and should accord such vessels the 
        same treatment that commercial fishing vessels of the United 
        States are accorded for anchorage in the waters of Canada off 
        British Columbia;
            (10) the President should ensure that, consistent with 
        international law, the United States Coast Guard has available 
        adequate resources in the Pacific Northwest and Alaska to 
        provide for the safety of United States citizens, the 
        enforcement of United States law, and to protect the rights of 
        the United States and keep the peace among vessels operating in 
        disputed waters;
            (11) the President should continue to review all agreements 
        between the United States and Canada to identify other actions 
        that may be taken to convince Canada that any reinstatement of 
        the transit license fee would be against Canada's long-term 
        interests, and should immediately implement any actions which 
        the President deems appropriate if Canada reinstates the fee;
            (12) the President should continue to convey to Canada in 
        the strongest terms that the United States will not now, nor at 
        any time in the future, tolerate any action by Canada which 
        would impede or otherwise restrict the right of passage of 
        vessels of the United States in a manner inconsistent with 
        international law; and
            (13) the United States should redouble its efforts to seek 
        expeditious agreement with Canada on appropriate fishery 
        conservation and management measures that can be implemented 
        through the Pacific Salmon Treaty to address issues of mutual 
        concern.

SEC. 502. AMENDMENT TO THE FISHERMEN'S PROTECTIVE ACT OF 1967.

    (a) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971 et seq.) 
is amended by adding at the end the following new section:
    ``Sec. 11. (a) In any case on or after June 15, 1994, in which a 
vessel of the United States exercising its right of passage is charged 
a fee by the government of a foreign country to engage in transit 
passage between points in the United States (including a point in the 
exclusive economic zone or in an area over which jurisdiction is in 
dispute), and such fee is regarded by the United States as being 
inconsistent with international law, the Secretary of State shall 
reimburse the vessel owner for the amount of any such fee paid under 
protest.
    ``(b) In seeking such reimbursement, the vessel owner shall 
provide, together with such other information as the Secretary of State 
may require--
            ``(1) a copy of the receipt for payment;
            ``(2) an affidavit attesting that the owner or the owner's 
        agent paid the fee under protest; and
            ``(3) a copy of the vessel's certificate of documentation.
    ``(c) Requests for reimbursement shall be made to the Secretary of 
State within 120 days after the date of payment of the fee, or within 
90 days after the date of enactment of this section, whichever is 
later.
    ``(d) Such funds as may be necessary to meet the requirements of 
this section may be made available from the unobligated balances of 
previously appropriated funds remaining in the Fishermen's Guaranty 
Fund established under section 7 and the Fishermen's Protective Fund 
established under section 9. To the extent that requests for 
reimbursement under this section exceed such funds, there are 
authorized to be appropriated such sums as may be needed for 
reimbursements authorized under subsection (a).
    ``(e) The Secretary of State shall take such action as the 
Secretary deems appropriate to make and collect claims against the 
foreign country imposing such fee for any amounts reimbursed under this 
section.
    ``(f) For purposes of this section, the term `owner' includes any 
charterer of a vessel of the United States.
    ``(g) This section shall remain in effect until October 1, 1995.''.
    (b) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971 et seq.) 
is further amended by adding at the end the following:
    ``Sec. 12. (a) If the Secretary of State finds that the government 
of any nation imposes conditions on the operation or transit of United 
States fishing vessels which the United States regards as being 
inconsistent with international law or an international agreement, the 
Secretary of State shall certify that fact to the President.
    ``(b) Upon receipt of a certification under subsection (a), the 
President shall direct the heads of Federal agencies to impose similar 
conditions on the operation or transit of fishing vessels registered 
under the laws of the nation which has imposed conditions on United 
States fishing vessels.
    ``(c) For the purposes of this section, the term `fishing vessel' 
has the meaning given that term in section 2101(11a) of title 46, 
United States Code.
    ``(d) It is the sense of the Congress that any action taken by any 
Federal agency under subsection (b) should be commensurate with any 
conditions certified by the Secretary of State under subsection (a).''.

SEC. 503. REAUTHORIZATION.

    (a) Section 7(c) of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1977(c)) is amended by striking the third sentence.
    (b) Section 7(e) of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1977(e)) is amended by striking ``October 1, 1993'' and 
inserting ``October 1, 2000''.

SEC. 504. TECHNICAL CORRECTIONS.

    (a)(1) Section 15(a) of Public Law 103-238 is amended by striking 
``April 1, 1994,'' and inserting ``May 1, 1994.''.
    (2) The amendment made by paragraph (1) shall be effective on and 
after April 30, 1994.
    (b) Section 803(13)(C) of Public Law 102-567 (16 U.S.C. 
5002(13)(C)) is amended to read as follows:
                    ``(C) any vessel supporting a vessel described in 
                subparagraph (A) or (B).''.

       TITLE VI--FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Sea of Okhotsk Fisheries 
Enforcement Act of 1994''.

SEC. 602. FISHING PROHIBITION.

    The Central Bering Sea Fisheries Enforcement Act of 1992 (16 U.S.C. 
1823 note) is amended--
            (1) in section 302, by inserting ``and the Central Sea of 
        Okhotsk'' after ``Central Bering Sea''; and
            (2) in section 306--
                    (A) by redesignating paragraphs (2), (3), (4), (5), 
                and (6) in order as paragraphs (3), (4), (5), (6), and 
                (7); and
                    (B) by inserting after paragraph (1) the following:
            ``(2) Central sea of okhotsk.--The term `Central Sea of 
        Okhotsk' means the central Sea of Okhotsk area which is more 
        than two hundred nautical miles seaward of the baseline from 
        which the breadth of the territorial sea of the Russian 
        Federation is measured.''.

                 TITLE VII--COAST GUARD AUTHORIZATIONS

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 702. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

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

SEC. 703. DRUG INTERDICTION ACTIVITIES.

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

        TITLE VIII--COAST GUARD PERSONNEL MANAGEMENT IMPROVEMENT

SEC. 801. HURRICANE ANDREW RELIEF.

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

SEC. 802. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION BOARDS.

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

SEC. 803. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.

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

SEC. 804. PROVISION OF CHILD DEVELOPMENT SERVICES.

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

``515. Child development services.''.

      TITLE IX--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT

SEC. 901. FOREIGN PASSENGER VESSEL USER FEES.

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

SEC. 902. DOCUMENTATION VIOLATIONS.

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

SEC. 903. CLERICAL AMENDMENT.

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

SEC. 904. RENEWAL OF HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY 
              COMMITTEE AND LOWER MISSISSIPPI RIVER WATERWAY ADVISORY 
              COMMITTEE.

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

                   TITLE X--MISCELLANEOUS PROVISIONS

SEC. 1001. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.

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

SEC. 1002. CONTINUING OBLIGATION TO PROVIDE DOCUMENTATION INFORMATION 
              AT EXISTING LOCATIONS.

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

SEC. 1003. CONTINUATION OF THE COMMERCIAL FISHING INDUSTRY VESSEL 
              ADVISORY COMMITTEE.

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

SEC. 1004. PROHIBITION ON STATION CLOSURES.

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

SEC. 1005. RENEWAL OF THE NAVIGATION SAFETY ADVISORY COUNCIL.

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

SEC. 1006. COAST GUARD RESERVE PEACETIME REQUIREMENTS PLAN.

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

SEC. 1007. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE OF COAST 
              GUARD VESSELS IN FOREIGN SHIPYARDS.

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

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

SEC. 1008. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS.

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

SEC. 1009. SENSE OF THE CONGRESS REGARDING FUNDING FOR COAST GUARD.

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

SEC. 1010. CONTRACTS FOR HEALTH CARE SERVICES.

    (a) Chapter 17 of title 14, United States Code, is amended by 
inserting after section 644 the following new section:
``Sec. 644a. Contracts for health care services
    ``(a) Subject to the availability of appropriations for this 
purpose, the Commandant may enter into personal services and other 
contracts to carry out health care responsibilities pursuant to section 
93 of this title and other applicable provisions of law pertaining to 
the provision of health care services to Coast Guard personnel and 
covered beneficiaries. The authority provided in this subsection is in 
addition to any other contract authorities of the Commandant provided 
by law or as delegated to the Commandant from time to time by the 
Secretary, including but not limited to authority relating to the 
management of health care facilities and furnishing of health care 
services pursuant to title 10 and this title.
    ``(b) The total amount of compensation paid to an individual in any 
year under a personal services contract entered into under subsection 
(a) shall not exceed the amount of annual compensation (excluding 
allowances for expenses) allowable for such contracts entered into by 
the Secretary of Defense pursuant to section 1091 of title 10.
    ``(c)(1) The Secretary shall promulgate regulations to assure--
            ``(A) the provision of adequate notice of contract 
        opportunities to individuals residing in the area of a medical 
        treatment facility involved; and
            ``(B) consideration of interested individuals solely on the 
        basis of the qualifications established for the contract and 
        the proposed contract price.
    ``(2) Upon establishment of the procedures under paragraph (1), the 
Secretary may exempt personal services contracts covered by this 
section from the competitive contracting requirements specified in 
section 2304 of title 10, or any other similar requirements of law.
    ``(d) The procedures and exemptions provided under subsection (c) 
shall not apply to personal services contracts entered into under 
subsection (a) with entities other than individuals or to any contract 
that is not an authorized personal services contract under subsection 
(a).''.
    (b) The table of sections for chapter 17 of title 14, United States 
Code, is amended by inserting after the item relating to section 644 
the following:

``644a. Contracts for health care services.''.
    (c) The amendments made by this section shall take effect on 
October 1, 1994. Any personal services contract entered into on behalf 
of the Coast Guard in reliance upon the authority of section 1091 of 
title 10, United States Code, before that date is confirmed and 
ratified and shall remain in effect in accordance with the terms of the 
contract.

SEC. 1011. VESSEL FINANCING.

    (a) Elimination of Mortgagee Restrictions.--Section 31322(a) of 
title 46, United States Code, is amended to read as follows:
    ``(a) A preferred mortgage is a mortgage, whenever made, that--
            ``(1) includes the whole of the vessel;
            ``(2) is filed in substantial compliance with section 31321 
        of this title; and
            ``(3)(A) covers a documented vessel; or
            ``(B) covers a vessel for which an application for 
        documentation is filed that is in substantial compliance with 
        the requirements of chapter 121 of this title and the 
        regulations prescribed under that chapter.''.
    (b) Elimination of Trustee Restrictions.--
            (1) Repeal.--Section 31328 of title 46, United States Code, 
        is repealed.
            (2) Conforming amendment.--Section 31330(b) of title 46, 
        United States Code, is amended in paragraphs (1), (2), and (3) 
        by striking ``31328 or'' each place it appears.
    (c) Removal of Mortgage Restrictions.--Section 9 of the Shipping 
Act, 1916 (46 App. U.S.C. 808) is amended--
            (1) in subsection (c)--
                    (A) by striking ``31328'' and inserting 
                ``12106(e)''; and
                    (B) in paragraph (1) by striking ``mortgage,'' each 
                place it appears; and
            (2) in subsection (d)--
                    (A) in paragraph (1) by striking ``transfer, or 
                mortgage'' and inserting ``or transfer'';
                    (B) in paragraph (2) by striking ``transfers, or 
                mortgages'' and inserting ``or transfers'';
                    (C) in paragraph (3)(B) by striking ``transfers, or 
                mortgages'' and inserting ``or transfers''; and
                    (D) in paragraph (4) by striking ``transfers, or 
                mortgages'' and inserting ``or transfers''.
    (d) Public Law 74-835 (49 Stat. 1985 et seq.) is amended in section 
615 by striking ``, until September 30, 1983,''; by inserting ``use'' 
after ``this title to''; by striking ``tons'' and inserting 
``regulatory tons built''; and by repealing subsection (b).
    (e) Lease Financing.--Section 12106 of title 46, United States 
Code, is amended by adding at the end the following new subsections:
    ``(e)(1) A certificate of documentation for a vessel may be 
endorsed with a coastwise endorsement if--
            ``(A) the vessel is eligible for documentation under 
        section 12102;
            ``(B) the vessel is otherwise qualified under this section 
        to be employed in the coastwise trade;
            ``(C) the person that owns the vessel, or any other person 
        that owns or controls the person that owns the vessel, is 
        primarily engaged in leasing or other financing transactions;
            ``(D) the vessel is under a demise charter to a person 
        qualifying as a citizen of the United States for engaging in 
        the coastwise trade under section 2 of the Shipping Act, 1916; 
        and
            ``(E) the demise charter is for--
                    ``(i) a period of at least 3 years; or
                    ``(ii) such shorter period as may be prescribed by 
                the Secretary.
    ``(2) On termination of a demise charter required under paragraph 
(1)(D), the coastwise endorsement may be continued for a period not to 
exceed 6 months on any terms and conditions that the Secretary of 
Transportation may prescribe.
    ``(f) For purposes of the first proviso of section 27 of the 
Merchant Marine Act, 1920, section 2 of the Shipping Act, 1916, and 
section 12102(a), a vessel meeting the criteria of subsection (d) or 
(e) is deemed to be owned exclusively by citizens of the United 
States.''.

SEC. 1012. REPEAL OF GREAT LAKES ENDORSEMENTS.

    (a) Repeal.--Section 12107 of title 46, United States Code, is 
repealed.
    (b) Conforming Amendments.--
            (1) The analysis at the beginning of chapter 121 of title 
        46, United States Code, is amended by striking the item 
        relating to section 12107.
            (2) Section 12101(b)(3) of title 46, United States Code, is 
        repealed.
            (3) Section 4370(a) of the Revised Statutes of the United 
        States (46 App. U.S.C. 316(a)) is amended by striking ``or 
        12107''.
            (4) Section 2793 of the Revised Statutes of the United 
        States (46 App. U.S.C. 111, 123; 19 U.S.C. 288) is amended by 
        striking ``coastwise, Great Lakes'' and inserting ``registry''.
            (5) Section 441(6) of the Tariff Act of 1930 (19 U.S.C. 
        1441) is amended by striking ``with a Great Lakes endorsement 
        when towing vessels'' and inserting ``when towing vessels on 
        the Great Lakes or their tributary or connecting waters''.
            (6) Public Law 74-835 (49 Stat. 1985 et seq.) is amended in 
        section 805(a) by striking ``1935'' each place it appears and 
        inserting ``1993''; and by repealing sections 605(c) and 610.

                 TITLE XI--RECREATIONAL BOATING SAFETY

SEC. 1101. SHORT TITLE.

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

SEC. 1102. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN.

    (a) Prohibition.--Section 4307(a) of title 46, United States Code, 
is amended--
            (1) in paragraph (2) by striking ``or'' after the semicolon 
        at the end;
            (2) in paragraph (3) by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
            ``(4) operate a recreational vessel under 26 feet in length 
        unless each individual 6 years of age or younger wears a Coast 
        Guard approved personal flotation device when the individual is 
        on an open deck of the vessel.''.
    (b) State Authority Preserved.--Section 4307 of title 46, United 
States Code, is further amended by adding at the end the following:
    ``(c) Subsection (a)(4) shall not be construed to limit the 
authority of a State to establish requirements relating to the wearing 
of personal flotation devices on recreational vessels that are more 
stringent than that subsection.''.

SEC. 1103. ALLOCATION OF FUNDS BASED ON STATE ADOPTION OF LAWS 
              REGARDING BOATING WHILE INTOXICATED.

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

SEC. 1104. MARINE CASUALTY REPORTING.

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

SEC. 1105. REQUIRING VIOLATORS TO TAKE RECREATIONAL BOATING SAFETY 
              COURSE.

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

SEC. 1106. TECHNICAL CORRECTIONS.

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

                TITLE XII--COAST GUARD REGULATORY REFORM

SEC. 1201. SHORT TITLE.

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

SEC. 1202. SAFETY MANAGEMENT.

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

                  ``CHAPTER 32--MANAGEMENT OF VESSELS

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

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

SEC. 1203. USE OF REPORTS, DOCUMENTS, RECORDS, AND EXAMINATIONS OF 
              OTHER PERSONS.

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

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

SEC. 1204. EQUIPMENT APPROVAL.

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

SEC. 1205. FREQUENCY OF INSPECTION.

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

SEC. 1206. CERTIFICATE OF INSPECTION.

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

SEC. 1207. DELEGATION OF AUTHORITY OF SECRETARY TO CLASSIFICATION 
              SOCIETIES.

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

``3316. Classification societies.''.

SEC. 1208. STUDY OF MARINE CASUALTY REPORTING REQUIREMENTS.

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

          TITLE XIII--UNITED STATES CRUISE VESSEL DEVELOPMENT

SEC. 1301. SHORT TITLE.

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

SEC. 1302. PURPOSE.

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

SEC. 1303. COASTWISE TRANSPORTATION OF PASSENGERS.

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

``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.

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

SEC. 1304. CONSTRUCTION STANDARDS.

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

SEC. 1305. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION.

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

SEC. 1306. LOAN GUARANTEES.

    Title XI of the Act of June 29, 1936 (46 App. U.S.C. 1271 et seq.), 
is amended--
            (1) in section 1101(b), by striking ``passenger cargo'' and 
        inserting ``passenger, cargo,''; and by striking ``owned by 
        citizens of the United States'';
            (2) in section 1104B(a), in the material preceding 
        paragraph (1), by striking ``owned by citizens of the United 
        States'';
            (3) in section 1110(a), by striking ``owned by citizens of 
        the United States''; and
            (4) in section 1103, by adding at the end the following:
    ``(g) Notwithstanding any other law, the cost of a loan guarantee 
commitment entered into under this title shall be calculated using only 
the projected cost of that individual guarantee.''.

SEC. 1307. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL PARK SYSTEM.

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

                     TITLE XIV--BOATING IMPROVEMENT

SEC. 1401. SHORT TITLE.

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

SEC. 1402. BOATING SAFETY GRANTS.

    (a) Transfer of Amounts for State Boating Safety Programs.--
            (1) Transfers.--Section 4(b) of the Act of August 9, 1950 
        (16 U.S.C. 777c(b)), is amended to read as follows:
    ``(b)(1) Of the balance of each annual appropriation remaining 
after making the distribution under subsection (a), an amount equal to 
$15,000,000 for fiscal year 1995, $40,000,000 for fiscal year 1996, 
$55,000,000 for fiscal year 1997, and $69,000,000 for each of fiscal 
years 1998 and 1999, shall, subject to paragraph (2), be used as 
follows:
            ``(A) A sum equal to $7,500,000 of the amount available for 
        fiscal year 1995, and a sum equal to $10,000,000 of the amount 
        available for each of fiscal years 1996 and 1997, shall be 
        available for use by the Secretary of the Interior for grants 
        under section 5604(c) of the Clean Vessel Act of 1992. Any 
        portion of such a sum available for a fiscal year that is not 
        obligated for those grants before the end of the following 
        fiscal year shall be transferred to the Secretary of 
        Transportation and shall be expended by the Secretary of 
        Transportation for State recreational boating safety programs 
        under section 13106 of title 46, United States Code.
            ``(B) A sum equal to $7,500,000 of the amount available for 
        fiscal year 1995, $30,000,000 of the amount available for 
        fiscal year 1996, $45,000,000 of the amount available for 
        fiscal year 1997, and $59,000,000 of the amount available for 
        each of fiscal years 1998 and 1999, shall be transferred to the 
        Secretary of Transportation and shall be expended by the 
        Secretary of Transportation for State recreational boating 
        safety programs under section 13106 of title 46, United States 
        Code.
            ``(C) A sum equal to $10,000,000 of the amount available 
        for each of fiscal years 1998 and 1999 shall be available for 
        use by the Secretary of the Interior for--
                    ``(i) grants under section 1403(e) of the Boating 
                Improvement Act of 1994; and
                    ``(ii) grants under section 5604(c) of the Clean 
                Vessel Act of 1992.
Any portion of such a sum available for a fiscal year that is not 
obligated for those grants before the end of the following fiscal year 
shall be transferred to the Secretary of Transportation and shall be 
expended by the Secretary of Transportation for State recreational 
boating safety programs under section 13106 of title 46, United States 
Code.
    ``(2)(A) Beginning with fiscal year 1996, the amount transferred 
under paragraph (1)(B) for a fiscal year shall be reduced by the lesser 
of--
            ``(i) the amount appropriated to the Secretary of 
        Transportation for that fiscal year to carry out the purposes 
        of section 13106 of title 46, United States Code, from the Boat 
        Safety Account in the Aquatic Resources Trust Fund established 
        under section 9504 of the Internal Revenue Code of 1986; or
            ``(ii) $35,000,000; or
            ``(iii) for fiscal year 1996 only, $30,000,000.
    ``(B) The amount of any reduction under subparagraph (A) shall be 
apportioned among the several States under subsection (d) by the 
Secretary of the Interior.''.
            (2) Conforming amendment.--Section 5604(c)(1) of the Clean 
        Vessel Act of 1992 (33 U.S.C. 1322 note) is amended by striking 
        ``section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C. 
        777c(b)(2), as amended by this Act)'' and inserting ``section 
        4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1))''.
            (3) Excess fy 1995 boat safety account funds transfer.--
        Notwithstanding any other provision of law, $20,000,000 of the 
        annual appropriation from the Sport Fish Restoration Account in 
        fiscal year 1996 made in accordance with the provisions of 
        section 3 of the Act of August 9, 1950 (16 U.S.C. 777b), shall 
        be excluded from the calculation of amounts to be distributed 
        under section 4(a) of such Act (16 U.S.C. 777c(a)).
    (b) Expenditure of Amounts for State Recreational Boating Safety 
Programs.--Section 13106 of title 46, United States Code, is amended--
            (1) in subsection (a)(1) by striking the first sentence and 
        inserting the following: ``Subject to paragraph (2), the 
        Secretary shall expend under contracts with States under this 
        chapter in each fiscal year for State recreational boating 
        safety programs an amount equal to the sum of the amount 
        appropriated from the Boat Safety Account for that fiscal year 
        plus the amount transferred to the Secretary under section 
        4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1)) for 
        that fiscal year.''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) For expenditure under this chapter for State recreational 
boating safety programs there are authorized to be appropriated to the 
Secretary of Transportation from the Boat Safety Account established 
under section 9503(c)(4) of the Internal Revenue Code of 1986 (26 
U.S.C. 9503(c)(4)) not more than $35,000,000 each fiscal year.''.

SEC. 1403. BOATING ACCESS.

    (a) Findings.--The Congress makes the following findings:
            (1) Nontrailerable recreational motorboats contribute 15 
        percent of the gasoline taxes deposited in the Aquatic 
        Resources Trust Fund while constituting less than 5 percent of 
        the recreational vessels in the United States.
            (2) The majority of recreational vessel access facilities 
        constructed with Aquatic Resources Trust Fund moneys benefit 
        trailerable recreational vessels.
            (3) More Aquatic Resources Trust Fund moneys should be 
        spent on recreational vessel access facilities that benefit 
        recreational vessels that are nontrailerable vessels.
    (b) Purpose.--The purpose of this section is to provide funds to 
States for the development of public facilities for transient 
nontrailerable vessels.
    (c) Survey.--Within 18 months after the date of the enactment of 
this Act, any State may complete and submit to the Secretary of the 
Interior a survey which identifies--
            (1) the number and location in the State of all public 
        facilities for transient nontrailerable vessels; and
            (2) the number and areas of operation in the State of all 
        nontrailerable vessels that operate on navigable waters in the 
        State.
    (d) Plan.--Within 6 months after submitting a survey to the 
Secretary of the Interior in accordance with subsection (c), a State 
may develop and submit to the Secretary of the Interior a plan for the 
construction and renovation of public facilities for transient 
nontrailerable vessels to meet the needs of nontrailerable vessels 
operating on navigable waters in the State.
    (e) Grant Program.--
            (1) Matching grants.--The Secretary of the Interior may 
        obligate not less than one-half of the amount made available 
        for each of fiscal years 1998 and 1999 under section 4(b)(1)(C) 
        of the Act of August 9, 1950, as amended by section 1402(a)(1) 
        of this title, to make grants to any State to pay not more than 
        75 percent of the cost of constructing or renovating public 
        facilities for transient nontrailerable vessels.
            (2) Priorities.--
                    (A) In general.--In awarding grants under this 
                subsection, the Secretary of the Interior shall give 
                priority to projects that consist of the construction 
                or renovation of public facilities for transient 
                nontrailerable vessels in accordance with a plan 
                submitted by a State submitted under subsection (b).
                    (B) Within state.--In awarding grants under this 
                subsection for projects in a particular State, the 
                Secretary of the Interior shall give priority to 
                projects that are likely to serve the greatest number 
                of nontrailerable vessels.

SEC. 1404. DEFINITIONS.

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

              TITLE XV--TOWING VESSEL NAVIGATIONAL SAFETY

SEC. 1501. SHORT TITLE.

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

SEC. 1502. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT FOR TOWING VESSELS.

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

SEC. 1503. REPORTING MARINE CASUALTIES.

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

SEC. 1504. REPORT ON FEASIBILITY OF ESTABLISHING A DIFFERENTIAL GLOBAL 
              POSITIONING SATELLITE NAVIGATION SYSTEM AND ELECTRONIC 
              CHARTS FOR INLAND WATERWAYS.

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

SEC. 1505. PROTECTION OF SEAMEN AGAINST DISCRIMINATION.

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

SEC. 1506. MANNING AND LICENSING REQUIREMENTS FOR TOWING VESSELS.

    (a) Manning Requirements.--Section 8904 of title 46, United States 
Code, is amended by adding at the end the following:
    ``(c) A towing vessel that is at least 26 feet in length, other 
than a vessel referred to in subsection (b), shall--
            ``(1) while being operated, have on board an individual 
        licensed by the Secretary as a master of that type of towing 
        vessel; and
            ``(2) be operated by an individual licensed by the 
        Secretary to operate that type of towing vessel.''.
    (b) Regulations Establishing Licenses for Masters and Operators.--
Section 7101 of title 46, United States Code, is amended by adding at 
the end the following:
    ``(j)(1) The Secretary shall prescribe regulations which establish 
licenses for masters and mates of towing vessels.
    ``(2) Regulations under this subsection shall provide that an 
individual may be issued a license as a master or mate of a towing 
vessel only if the individual--
            ``(A) demonstrates proficiency in the use of the equipment 
        required pursuant to section 4102(f)(1)(C) of this title; and
            ``(B) demonstrates proficiency in operating a towing 
        vessel.
    ``(3) Regulations under this subsection may establish standards and 
procedures under which the Secretary may delegate, to individuals who 
have experience in the operation of towing vessels and to other 
qualified persons, the authority to conduct examinations required for 
the issuance of a license as a master or mate of a towing vessel.''.
    (c) Existing Uninspected Towing Vessel Operator License Holders.--
An uninspected towing vessel operator license that is valid on the 
effective date of this section shall be valid as a master or mate 
license required by section 8904 of title 46, United States Code, as 
amended by this section, until otherwise required to be renewed. The 
Secretary shall require that an individual applying for a first renewal 
of such a license as a master or mate license under that section 
demonstrate proficiency under the requirements of section 7101(j) of 
title 46, United States Code, as added by this section.
    (d) Effective Date.--The amendments made by this section, other 
than the amendments made by subsection (e), shall take effect 2 years 
after the date of the enactment of this Act.
    (e) Deadline for Regulations.--The Secretary of the department in 
which the Coast Guard is operating shall issue regulations under the 
amendments made by this section by not later than 1 year after the date 
of the enactment of this Act.

SEC. 1507. CIVIL PENALTIES.

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

SEC. 1508. MODEL TOWING VESSEL COMPANY INSPECTION PROGRAM.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating, in consultation with the Towing Safety 
Advisory Committee, shall--
            (1) develop a model towing vessel company inspection 
        program, including a Coast Guard boarding program to determine 
        compliance with the model program; and
            (2) submit to the Congress for its approval the model 
        program and a description of the statutory changes necessary to 
        implement the model program.
    (b) Savings.--The requirement to submit a model program under 
subsection (a) shall not be construed to supersede or modify the 
authority of the Coast Guard to inspect vessels under title 46, United 
States Code.

                  TITLE XVI--MERCHANT MARINER BENEFITS

SEC. 1601. MERCHANT MARINER BENEFITS.

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

                ``CHAPTER 112--MERCHANT MARINER BENEFITS

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

``112. Merchant mariner benefits............................  11201.''.

         TITLE XVII--LIGHTHOUSE AND OTHER PROPERTY CONVEYANCES

SEC. 1701. CONVEYANCE OF COAST GUARD PROPERTY IN TRAVERSE CITY, 
              MICHIGAN.

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

SEC. 1702. TRANSFER OF COAST GUARD PROPERTY IN KETCHIKAN, ALASKA.

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

SEC. 1703. CONVEYANCE OF LIGHT STATION MONTAUK POINT, NEW YORK.

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

SEC. 1704. CONVEYANCE OF CAPE ANN LIGHTHOUSE.

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

SEC. 1705. TRANSFER OF OCRACOKE LIGHT STATION TO SECRETARY OF THE 
              INTERIOR.

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

SEC. 1706. SQUIRREL POINT LIGHTHOUSE.

    (a) Conveyance Authorization.--
            (1) Authorization.--The Secretary of Transportation may 
        convey to Squirrel Point Associates, Inc., by an appropriate 
        means of conveyance, all right, title, and interest of the 
        United States in and to property comprising Squirrel Point 
        Lighthouse, located in the town of Arrowsic, Maine.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine the property to be conveyed 
        pursuant to this subsection.
    (b) Terms of Conveyance.--
            (1) In general.--A conveyance of property pursuant to this 
        section shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the conditions required by 
                paragraphs (3) and (4) and such other terms and 
                conditions as the Secretary may consider appropriate.
            (2) Reversionary interest.--In addition to any term or 
        condition established pursuant to paragraph (1), any conveyance 
        of property comprising the Squirrel Point Lighthouse pursuant 
        to subsection (a) shall be subject to the condition that all 
        right, title, and interest in and to the property so conveyed 
        shall immediately revert to the United States if the property, 
        or any part thereof--
                    (A) ceases to be maintained as a nonprofit center 
                for public benefit for the interpretation and 
                preservation of the material culture of the United 
                States Coast Guard and the maritime history of Maine;
                    (B) ceases to be maintained in a manner that 
                ensures its present or future use as a Coast Guard aid 
                to navigation; or
                    (C) ceases to be maintained in a manner consistent 
                with the provisions of the National Historic 
                Preservation Act (16 U.S.C. 470 et seq.).
            (3) Maintenance of navigation and functions.--Any 
        conveyance of property pursuant to this section shall be 
        subject to such conditions as the Secretary considers to be 
        necessary to assure that--
                    (A) the light, antennas, sound signal, and 
                associated lighthouse equipment located on the property 
                conveyed, which are active aids to navigation, shall 
                continue to be operated and maintained by the United 
                States for as long as they are needed for this purpose;
                    (B) the Squirrel Point Associates, Inc., may not 
                interfere or allow interference in any manner with such 
                aids to navigation without express written permission 
                from the United States;
                    (C) there is reserved to the United States the 
                right to replace, or add any aids to navigation, or 
                make any changes to the Squirrel Point Lighthouse as 
                may be necessary for navigation purposes;
                    (D) the United States shall have the right, at any 
                time, to enter the property conveyed without notice for 
                the purpose of maintaining navigation aids; and
                    (E) the United States shall have an easement of 
                access to such property for the purpose of maintaining 
                the navigational aids in use on the property.
            (4) Maintenance of lighthouse.--Any conveyance of property 
        under this section shall be subject to the condition that the 
        Squirrel Point Associates shall maintain the Eastern Point 
        Lighthouse in accordance with the provisions of the National 
        Historic Preservation Act (16 U.S.C. 470 et seq.) and other 
        applicable laws.
            (5) Obligation limitation.--The Squirrel Point Associates, 
        Inc., shall not have any obligation to maintain any active aid 
        to navigation equipment on the property conveyed pursuant to 
        this section.
    (c) Definitions.--For purposes of this section, the term ``Squirrel 
Point Lighthouse'' means the Coast Guard property located in the town 
of Arrowsic, County of Sagadahoc, Maine, including the light tower, 
dwelling, boathouse, oil house, barn, any other ancillary buildings, 
and such land as may be necessary to enable Squirrel Point Associates, 
Inc., to operate a nonprofit center for public benefit, except any 
historical artifact, including any lens or lantern, located on the 
property at or before the time of the conveyance.

SEC. 1707. CONVEYANCE OF CERTAIN LIGHTHOUSES LOCATED IN MAINE.

    (a) Authority To Convey.--
            (1) In general.--Subject to paragraphs (3) and (4), the 
        Secretary of Transportation may convey, without consideration, 
        to the Island Institute, Rockland, Maine (in this section 
        referred to as the ``Institute''), all right, title, and 
        interest of the United States in and to any of the facilities 
        and real property and improvements described in paragraph (2).
            (2) Covered facilities.--Paragraph (1) applies to 
        lighthouses, together with any real property and other 
        improvements associated therewith, located in the State of 
        Maine as follows:
                    (A) Whitehead Island Light.
                    (B) Deer Island Thorofare (Mark Island) Light.
                    (C) Burnt Island Light.
                    (D) Rockland Harbor Breakwater Light.
                    (E) Monhegan Island Light.
                    (F) Eagle Island Light.
                    (G) Curtis Island Light.
                    (H) Moose Peak Light.
                    (I) Great Duck Island Light.
                    (J) Goose Rocks Light.
                    (K) Isle au Haut Light.
                    (L) Goat Island Light.
                    (M) Wood Island Light.
                    (N) Doubling Point Light.
                    (O) Doubling Point Front Range Light.
                    (P) Doubling Point Rear Range Light.
                    (Q) Little River Light.
                    (R) Spring Point Ledge Light.
                    (S) Ram Island Light (Boothbay).
                    (T) Seguin Island Light.
                    (U) Marshall Point Light.
                    (V) Fort Point Light.
                    (W) West Quoddy Head Light.
                    (X) Brown's Head Light.
                    (Y) Cape Neddick Light.
                    (Z) Halfway Rock Light.
                    (AA) Ram Island Ledge Light.
                    (BB) Mount Desert Rock Light.
                    (CC) Whitlock's Mill Light.
            (3) Limitation on conveyance.--The Secretary shall retain 
        all right, title, and interest of the United States in and to 
        any historical artifact, including any lens or lantern, that is 
        associated with the lighthouses conveyed under this subsection, 
        whether located at the lighthouse or elsewhere. The Secretary 
        shall identify any equipment, system, or object covered by this 
        paragraph.
            (4) Deadline for conveyance.--The conveyances authorized by 
        this subsection shall take place, if at all, not later than 5 
        years after the date of the enactment of this Act.
            (5) Additional conveyances to united states fish and 
        wildlife service.--The Secretary may transfer, in accordance 
        with the terms and conditions of subsection (b), the following 
        lighthouses, together with any real property and improvements 
        associated therewith, directly to the United States Fish and 
        Wildlife Service:
                    (A) Two Bush Island Light.
                    (B) Egg Rock Light.
                    (C) Libby Island Light.
                    (D) Matinicus Rock Light.
    (b) Conditions of Conveyance.--The conveyance of a lighthouse, and 
any real property and improvements associated therewith, under 
subsection (a) shall be subject to the following conditions:
            (1) That the lighthouse and any such property and 
        improvements be used for educational, historic, recreational, 
        cultural, and wildlife conservation programs for the general 
        public and for such other uses as the Secretary determines to 
        be not inconsistent or incompatible with such uses.
            (2) That the lighthouse and any such property and 
        improvements be maintained at no cost to the United States in a 
        manner that ensures the use of the lighthouse by the Coast 
        Guard as an aid to navigation.
            (3) That the use of the lighthouse and any such property 
        and improvements by the Coast Guard as an aid to navigation not 
        be interfered with, except with the written permission of the 
        Secretary.
            (4) That the lighthouse and any such property and 
        improvements be maintained in a manner consistent with the 
        provisions of the National Historic Preservation Act (16 U.S.C. 
        470 et seq.).
            (5) That public access to the lighthouse and any such 
        property and improvements be ensured.
    (c) Reservations.--In the conveyance of a lighthouse under 
subsection (a), the Secretary shall reserve to the United States the 
following:
            (1) The right to enter the lighthouse, and any real 
        property and improvements conveyed therewith, at any time, 
        without notice, for purposes of maintaining any aid to 
        navigation at the lighthouse, including any light, antennae, 
        sound signal, and associated equipment located at the 
        lighthouse, and any electronic navigation equipment or system 
        located at the lighthouse.
            (2) The right to enter the lighthouse and any such property 
        and improvements at any time, without notice, for purposes of 
        relocating, replacing, or improving any such aid to navigation, 
        or to carry out any other activity necessary in aid of 
        navigation.
            (3) An easement of ingress and egress onto the real 
        property conveyed for the purposes referred to in paragraphs 
        (1) and (2).
            (4) An easement over such portion of such property as the 
        Secretary considers appropriate in order to ensure the 
        visibility of the lighthouse for navigation purposes.
            (5) The right to obtain and remove any historical artifact, 
        including any lens or lantern that the Secretary has identified 
        pursuant to paragraph (3) of subsection (a).
    (d) Maintenance of Aids to Navigation.--The Secretary may not 
impose upon the Institute, or upon any entity to which the Institute 
conveys a lighthouse under subsection (g), an obligation to maintain 
any aid to navigation at a lighthouse conveyed under this section.
    (e) Reversionary Interest.--All right, title, and interest in and 
to a lighthouse and any real property and improvements associated 
therewith shall revert to the United States and the United States shall 
have the right of immediate entry thereon if--
            (1) the Secretary determines at any time that the 
        lighthouse, and any property and improvements associated 
        therewith, conveyed to the Institute or to the United States 
        Fish and Wildlife Service under subsection (a) or conveyed by 
        the Institute under subsection (g), as the case may be, is not 
        being utilized or maintained in accordance with subsection (b); 
        or
            (2) the Secretary determines that--
                    (A) the Institute is unable to identify an entity 
                eligible for the conveyance of the lighthouse under 
                subsection (g) within the 3-year period beginning on 
                the date of the conveyance of the lighthouse to the 
                Institute under subsection (a); or
                    (B) in the event that the Institute identifies an 
                entity eligible for the conveyance within that period--
                            (i) the entity is unable or unwilling to 
                        accept the conveyance and the Institute is 
                        unable to identify another entity eligible for 
                        the conveyance within that period; or
                            (ii) the Maine Lighthouse Selection 
                        Committee established under subsection 
                        (g)(3)(A) disapproves of the entity identified 
                        by the Institute and the Institute is unable to 
                        identify another entity eligible for the 
                        conveyance within that period.
    (f) Inspection.--The State Historic Preservation Officer of the 
State of Maine may inspect any lighthouse, and any real property and 
improvements associated therewith, that is conveyed under this 
subsection at any time, without notice, for purposes of ensuring that 
the lighthouse is being maintained in the manner required under 
subsections (b)(4) and (b)(5). The Institute, and any subsequent 
conveyee of the Institute under subsection (g), shall cooperate with 
the official referred to in the preceding sentence in the inspections 
of that official under this subsection.
    (g) Subsequent Conveyance.--
            (1) Requirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Institute shall convey, without consideration, 
                all right, title, and interest of the Institute in and 
                to the lighthouses conveyed to the Institute under 
                subsection (a), together with any real property and 
                improvements associated therewith, to one or more 
                entities identified under paragraph (2) and approved by 
                the committee established under paragraph (3) in 
                accordance with the provisions of such paragraph (3).
                    (B) Exception.--The Institute, with the concurrence 
                of the Maine Lighthouse Selection Committee and in 
                accordance with the terms and conditions of subsection 
                (b), may retain right, title, and interest in and to 
                the following lighthouses conveyed to the Institute:
                            (i) Whitehead Island Light.
                            (ii) Deer Island Thorofare (Mark Island) 
                        Light.
            (2) Identification of eligible entities.--
                    (A) In general.--Subject to subparagraph (B), the 
                Institute shall identify entities eligible for the 
                conveyance of a lighthouse under this subsection. Such 
                entities shall include any department or agency of the 
                Federal Government, any department or agency of the 
                Government of the State of Maine, any local government 
                in that State, or any nonprofit corporation, 
                educational agency, or community development 
                organization that--
                            (i) is financially able to maintain the 
                        lighthouse (and any real property and 
                        improvements conveyed therewith) in accordance 
                        with the conditions set forth in subsection 
                        (b);
                            (ii) has agreed to permit the inspections 
                        referred to in subsection (f); and
                            (iii) has agreed to comply with the 
                        conditions set forth in subsection (b) and to 
                        have such conditions recorded with the deed of 
                        title to the lighthouse and any real property 
                        and improvements that may be conveyed 
                        therewith.
                    (B) Order of priority.--In identifying entities 
                eligible for the conveyance of a lighthouse under this 
                paragraph, the Institute shall give priority to 
                entities in the following order, which are also the 
                exclusive entities eligible for the conveyance of a 
                lighthouse under this section:
                            (i) Agencies of the Federal Government.
                            (ii) Entities of the Government of the 
                        State of Maine.
                            (iii) Entities of local governments in the 
                        State of Maine.
                            (iv) Nonprofit corporations, educational 
                        agencies, and community development 
                        organizations.
            (3) Selection of conveyees among eligible entities.--
                    (A) Committee.--
                            (i) In general.--There is hereby 
                        established a committee to be known as the 
                        Maine Lighthouse Selection Committee (in this 
                        paragraph referred to as the ``Committee'').
                            (ii) Membership.--The Committee shall 
                        consist of five members appointed by the 
                        Secretary as follows:
                                    (I) One member, who shall serve as 
                                the Chairman of the Committee, shall be 
                                appointed from among individuals 
                                recommended by the Governor of the 
                                State of Maine.
                                    (II) One member shall be the State 
                                Historic Preservation Officer of the 
                                State of Maine, with the consent of 
                                that official, or a designee of that 
                                official.
                                    (III) One member shall be appointed 
                                from among individuals recommended by 
                                State and local organizations in the 
                                State of Maine that are concerned with 
                                lighthouse preservation or maritime 
                                heritage matters.
                                    (IV) One member shall be appointed 
                                from among individuals recommended by 
                                officials of local governments of the 
                                municipalities in which the lighthouses 
                                are located.
                                    (V) One member shall be appointed 
                                from among individuals recommended by 
                                the Secretary of the Interior.
                            (iii) Appointment deadline.--The Secretary 
                        shall appoint the members of the Committee not 
                        later than 180 days after the date of the 
                        enactment of this Act.
                            (iv) Membership term.--
                                    (I) Members of the Committee shall 
                                serve for such terms not longer than 3 
                                years as the Secretary shall provide. 
                                The Secretary may stagger the terms of 
                                initial members of the Committee in 
                                order to ensure continuous activity by 
                                the Committee.
                                    (II) Any member of the Committee 
                                may serve after the expiration of the 
                                term of the member until a successor to 
                                the member is appointed. A vacancy in 
                                the Committee shall be filled in the 
                                same manner in which the original 
                                appointment was made.
                            (v) Voting.--The Committee shall act by an 
                        affirmative vote of a majority of the members 
                        of the Committee.
                    (B) Responsibilities.--
                            (i) In general.--The Committee shall--
                                    (I) review the entities identified 
                                by the Institute under paragraph (2) as 
                                entities eligible for the conveyance of 
                                a lighthouse; and
                                    (II) approve one such entity, or 
                                disapprove all such entities, as 
                                entities to which the Institute may 
                                make the conveyance of the lighthouse 
                                under this subsection.
                            (ii) Approval.--If the Committee approves 
                        an entity for the conveyance of a lighthouse, 
                        the Committee shall notify the Institute of 
                        such approval.
                            (iii) Disapproval.--If the Committee 
                        disapproves of the entities, the Committee 
                        shall notify the Institute and, subject to 
                        subsection (e)(2)(B), the Institute shall 
                        identify other entities eligible for the 
                        conveyance of the lighthouse under paragraph 
                        (2). The Committee shall review and approve or 
                        disapprove of entities identified pursuant to 
                        the preceding sentence in accordance with this 
                        subparagraph and the criteria set forth in 
                        subsection (b).
                    (C) Exemption from faca.--The Federal Advisory 
                Committee Act (5 U.S.C. App.) shall not apply to the 
                Committee, however, all meetings of the Committee shall 
                be open to the public and preceded by appropriate 
                public notice.
                    (D) Termination.--The Committee shall terminate 8 
                years from the date of the enactment of this Act.
            (4) Conveyance.--Upon notification under paragraph 
        (3)(B)(ii) of the approval of an identified entity for 
        conveyance of a lighthouse under this subsection, the Institute 
        shall, with the consent of the entity, convey the lighthouse to 
        the entity.
            (5) Responsibilities of conveyees.--Each entity to which 
        the Institute conveys a lighthouse under this subsection, or 
        any successor or assign of such entity in perpetuity, shall--
                    (A) use and maintain the lighthouse in accordance 
                with subsection (b) and have such terms and conditions 
                recorded with the deed of title to the lighthouse and 
                any real property conveyed therewith; and
                    (B) permit the inspections referred to in 
                subsection (f).
    (h) Description of Property.--The exact acreage and legal 
description of any lighthouse, and any real property and improvements 
associated therewith, conveyed under subsection (a) shall be determined 
by the Secretary.
    (i) Report.--Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter for the next 7 years, the 
Secretary shall submit to Congress a report on the conveyance of 
lighthouses under this section. The report shall include a description 
of the implementation of the provisions of this section, and the 
requirements arising under such provisions, in--
            (1) providing for the use and maintenance of the 
        lighthouses conveyed under this section in accordance with 
        subsection (b);
            (2) providing for public access to such lighthouses; and
            (3) achieving the conveyance of lighthouses to appropriate 
        entities under subsection (g).
    (j) Additional Terms and Conditions.--The Secretary may require any 
additional terms and conditions in connection with a conveyance under 
subsection (a) that the Secretary considers appropriate in order to 
protect the interests of the United States.

                 TITLE XVIII--BALLAST WATER MANAGEMENT

SEC. 1801. SHORT TITLE.

    This title may be cited as the ``Ballast Water Management Act''.

SEC. 1802. EVALUATION.

    (a) Subsection 1102(a) of Public Law 101-646 (16 U.S.C. 4712(a)) is 
amended by adding the following new paragraph at the end:
            ``(4) National ballast water management evaluation.--
                    ``(A) Subject to the availability of 
                appropriations, the Task Force shall contract with the 
                Marine Board of the National Research Council to 
                identify and evaluate ballast water management 
                technologies and practices that prevent the 
                introduction and spread of nonindigenous species 
                through ballast water discharged into United States 
                waters.
                    ``(B) In conducting the evaluation, the Marine 
                Board shall consider, at a minimum, ballast water 
                management technologies and practices identified in the 
                study prepared under paragraph (3).
                    ``(C) In conducting the evaluation, the Marine 
                Board shall identify, at a minimum, ballast water 
                management technologies and practices that--
                            ``(i) may be retrofitted on existing 
                        vessels or incorporated in new vessel designs;
                            ``(ii) are operationally practical;
                            ``(iii) are safe for vessel and crew;
                            ``(iv) are environmentally sound;
                            ``(v) are cost effective;
                            ``(vi) the vessel operator can monitor; and
                            ``(vii) are effective against a broad range 
                        of nuisance organisms.''.
    (b) Subsection 1102(c) of Public Law 101-646 (16 U.S.C. 4712(c)) is 
amended by adding the following new paragraph at the end:
            ``(3) National ballast water management evaluation 
        report.--Not later than 1 year after the date of enactment of 
        the Ballast Water Management Act, the Task Force shall submit 
        to the appropriate Committees a report on the results of the 
        evaluation conducted under paragraph (4) of subsection (a).''.

SEC. 1803. NATIONAL BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.

    (a) Section 1202 of Public Law 101-646 (16 U.S.C. 4722) is amended 
by--
            (1) redesignating subsection (k) as subsection (l); and
            (2) inserting after subsection (j) the following:
    ``(k) National Ballast Water Management Demonstration Program.--
            ``(1) Authorization.--Following the submission of the 
        evaluation authorized under section 1102(a)(4) and subject to 
        the availability of appropriations under section 1301(e), the 
        Secretary of Transportation, in consultation with the Task 
        Force, shall conduct a national ballast water management 
        demonstration program to test and evaluate ballast water 
        management technologies and practices, including those 
        identified in the evaluation authorized under paragraph 
        1102(a)(4), to prevent the introduction and spread of 
        nonindigenous species through ballast water discharged into 
        United States waters.
            ``(2) Criteria.--In carrying out the demonstration program 
        authorized under this subsection, the Secretary of 
        Transportation shall use vessels that are documented under 
        chapter 121 of title 46, United States Code, including vessels 
        operating on the Great Lakes. Any necessary ballast water 
        management technology installation or construction on a vessel 
        used in the demonstration program shall be performed by a 
        United States shipyard or ship repair facility.
            ``(3) Authorities.--In conducting the demonstration program 
        under this subsection, the Task Force and the Secretary of 
        Transportation may accept donations of property and 
        services.''.
    (b) Subsection 1202(l), as redesignated by this Act, is amended by 
adding the following new paragraph at the end:
            ``(3) Not later than 1 year after the submission of the 
        evaluation authorized under section 1102(a)(4) and periodically 
        as necessary to report new findings, the Secretary of 
        Transportation, in consultation with the Task Force, shall 
        submit to the appropriate Committees a report on the results of 
        the demonstration program conducted under subsection (k).''.

SEC. 1804. AUTHORIZATION OF APPROPRIATIONS.

    Section 1301 of Public Law 101-646 (16 U.S.C. 4741) is amended by 
adding the following new subsection at the end:
    ``(e) National Ballast Water Management Evaluation and 
Demonstration Program.--There are authorized to be appropriated to the 
Director and the Under Secretary $150,000 for fiscal year 1995 and to 
the Secretary of Transportation $1,850,000 for fiscal year 1996, to 
remain available until expended, to carry out the evaluation authorized 
under section 1102(a)(4) and the demonstration program authorized under 
section 1202(k).''.

             TITLE XIX--ADDITIONAL MISCELLANEOUS PROVISIONS

SEC. 1901. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT LAKES.

    Paragraph (7) of section 4502(a) of title 46, United States Code, 
is amended by inserting ``or beyond 3 nautical miles from the coastline 
of the Great Lakes'' after ``high seas''.

SEC. 1902. IMPLEMENTATION OF OIL POLLUTION REQUIREMENTS WITH RESPECT TO 
              VEGETABLE OIL.

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

SEC. 1903. DUAL PURPOSE VESSEL.

    Subject to the availability of appropriations, the Secretary of 
Transportation is authorized to expend up to $10,000,000 in fiscal year 
1996 for the design and construction of a passenger ferry to be owned 
and operated by the State of Alaska, provided that--
            (1) any amounts expended under this provision by the 
        Secretary for such ferry are matched by an equal or greater 
        amount from the State of Alaska or other sources;
            (2) such ferry shall, when completed, be used by the State 
        of Alaska as part of the National Contingency Plan in 
        accordance with section 311(d)(2)(H) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1321(d)(2)(H)), in the event 
        of a worst case discharge of crude oil off Alaska;
            (3) the State of Alaska shall agree to use such ferry in 
        cooperation with the Federal On-Scene Coordinator in the event 
        of a worst case discharge of crude oil off Alaska; and
            (4) such ferry shall be made available by the State of 
        Alaska to be included on the list of equipment available in an 
        Area Contingency Plan off Alaska under section 311(j)(4)(C)(iv) 
        of the Federal Water Pollution Control Act (33 U.S.C. 
        1321(j)(4)(C)(iv)).

SEC. 1904. EQUITABLE TREATMENT OF UNITED STATES OCEAN FREIGHT 
              FORWARDERS BY OCEAN CARRIER CONFERENCES.

    (a) Independent Action.--Section 5(b) of the Shipping Act of 1984 
(46 U.S.C. App. 1704(b)) is amended by striking paragraph (8) and 
inserting the following:
            ``(8) provide that--
                    ``(A) any member of the conference may take 
                independent action on any rate, service item, or level 
                of ocean freight forwarder compensation required to be 
                filed in a tariff under section 8(a) upon not more than 
                10 calendar days notice to the conference; and
                    ``(B) the conference will include the new rate, 
                service item, or level of ocean freight forwarder 
                compensation in its tariff for use by that member, 
                effective no later than 10 calendar days after receipt 
                of the notice, and by any other member that notifies 
                the conference that it elects to adopt the independent 
                rate, service item, or level of ocean freight forwarder 
                compensation on or after its effective date, in lieu of 
                the existing conference tariff provision for that rate, 
                service item, or level of ocean freight forwarder 
                compensation;''.
    (b) Prohibition on Denying Compensation.--Section 10(c) of the 
Shipping Act of 1984 (46 U.S.C. App. 1709(c)), is amended by striking 
paragraph (5) and inserting the following:
            ``(5) deny in the export foreign commerce of the United 
        States compensation to an ocean freight forwarder, or limit 
        that compensation to less than 1.25 percent of the aggregate of 
        all of the rates and charges applicable under the tariff 
        assessed against the cargo on which the forwarding services are 
        provided; or''.

SEC. 1905. FLORIDA AVENUE BRIDGE.

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

SEC. 1906. LIMITATION ON CONSOLIDATION OF HOUSTON AND GALVESTON MARINE 
              SAFETY OFFICES.

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

SEC. 1907. BUY AMERICAN REQUIREMENT FOR SURFACE SEARCH RADAR SYSTEMS 
              AND MULTIBEAM SONAR.

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

SEC. 1908. SPECIAL RECRUITING AUTHORITY TO ACHIEVE DIVERSITY.

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

SEC. 1909. RECOMMENDATIONS ON ACTIONS FOR THE PROTECTION OF THE NORTH 
              ATLANTIC RIGHT WHALE.

    (a) Recommendations.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation shall recommend 
to the Secretary of Commerce actions that could be undertaken by the 
Coast Guard and the International Maritime Organization to prevent 
mortalities of the northern right whale from vessel collisions in the 
Great South Channel off Cape Cod, Massachusetts. Such recommendations 
may include--
            (1) the designation of 1 or more areas to be avoided;
            (2) the shifting of the traffic separation scheme in the 
        Great South Channel; or
            (3) other measures the Secretary considers appropriate.
    (b) International Maritime Organization.--The Secretary of 
Transportation, in consultation with the Secretary of Commerce, shall 
submit the appropriate recommendations under subsection (a) to the 
International Maritime Organization for consideration.
    (c) Report.--The Secretary of Commerce shall report in accordance 
with section 103(f) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1373(f)) on any actions taken by the Secretary of Commerce and 
the Secretary of Transportation pursuant to this section.

SEC. 1910. PROHIBITION ON DIVERSION OF DRUG INTERDICTION FUNDS.

    The Secretary of Transportation may not reduce the level of Coast 
Guard drug interdiction activities during fiscal year 1995 below the 
level proposed by the President in the fiscal year 1995 budget.

SEC. 1911. LIMITATION ON AUTHORITY OF STATES TO REGULATE GAMBLING 
              DEVICES ON VESSELS.

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

SEC. 1912. POLLUTION FROM SHIPS.

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

SEC. 1913. COST ACCOUNTING FOR HAITIAN OPERATIONS.

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

SEC. 1914. PLAN FOR RESCUE OF PASSENGERS ON THE CHESAPEAKE BAY.

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

SEC. 1915. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE.

    (a) Ten months after a complete application for correction of 
military records is received by the Board for Correction of Military 
Records of the Coast Guard, administrative remedies are deemed to have 
been exhausted, and--
            (1) if the Board has rendered a recommended decision, its 
        recommendation shall be final agency action and not subject to 
        further review or approval within the Department of 
        Transportation; or
            (2) if the Board has not rendered a recommended decision, 
        agency action is deemed to have been unreasonably delayed or 
        withheld and the applicant is entitled to--
                    (A) an order under section 706(1) of title 5, 
                United States Code, directing final action be taken 
                within 30 days from the date the order is entered; and
                    (B) from amounts appropriated to the Department of 
                Transportation, the costs of obtaining the order, 
                including a reasonable attorney's fee.
    (b) The 10-month deadline established in section 212 of the Coast 
Guard Authorization Act of 1989 (Public Law 101-225, 103 Stat. 1914) is 
mandatory, and applies to any application pending before the Board or 
the Secretary of Transportation on June 12, 1990.

SEC. 1916. SENSE OF THE CONGRESS REGARDING PASSENGERS ABOARD COMMERCIAL 
              VESSELS.

    It is the sense of the Congress that section 521(a)(1) of Public 
Law 103-182 (19 U.S.C. 58c(a)(5)) was intended to require the 
collection and remission of a fee from each passenger only one time in 
the course of a single voyage aboard a commercial vessel.

         TITLE XX--MARINE BIOTECHNOLOGY INVESTMENT ACT OF 1993

SEC. 2001. SHORT TITLE.

    This title may be cited as the ``Marine Biotechnology Investment 
Act of 1993''.

SEC. 2002. FINDINGS.

    Congress finds and declares the following:
            (1) Throughout human history, the oceans and Great Lakes 
        have been an important source of food and a wealth of other 
        natural products.
            (2) Marine biotechnology holds tremendous promise for 
        expanding the range and increasing the utility of products from 
        the oceans, understanding and treating human illness, and 
        enhancing the quality and quantity of seafood.
            (3) Marine biotechnology offers opportunities to improve 
        the stewardship of marine resources through the development and 
        application of effective methods to restore and protect marine 
        ecosystems, to manage fisheries, to promote the economic growth 
        of coastal economies (particularly those which rely 
        substantially on income from traditional fisheries), and to 
        monitor marine biological and geochemical processes.
            (4) The United States currently is a world leader in marine 
        biotechnology, a position with the potential for contributing 
        to business and manufacturing innovations, creation of new 
        jobs, and stimulation of private sector investment.
            (5) Maintaining national leadership in the face of growing 
        foreign competition will require Federal investment in a well-
        defined and coordinated national program of research, 
        development and private sector partnership, based on the 
        existing responsibilities and expertise of the National Oceanic 
        and Atmospheric Administration and other Federal agencies.
            (6) In particular, the National Sea Grant College Program 
        should play a leading role in the development of marine 
        biotechnology in the United States, building on proven 
        capabilities in research, technology transfer, and education.

SEC. 2003. DEFINITIONS.

    As used in this title:
            (1) The term ``Council'' means the Federal Coordinating 
        Council on Science, Engineering, and Technology or any 
        successor organization responsible for the coordination of 
        scientific research among Federal agencies and departments.
            (2) The term ``Director'' means the Director of the Office 
        of Science and Technology Policy.
            (3) The term ``marine biotechnology'' means the application 
        of molecular and cellular techniques to marine or other aquatic 
        organisms for the purposes of--
                    (A) identifying, isolating, developing, and 
                enhancing products that are derived from the aquatic 
                environment;
                    (B) developing new techniques and processes that 
                may be applied to marine and coastal resources; and
                    (C) monitoring human health and treating disease.
            (4) The term ``release of organisms'' means--
                    (A) the intentional release; or
                    (B) the accidental release from a contained 
                research facility;
        into the surrounding environment, of a living marine or other 
        aquatic organism in which the genetic material has been 
        purposely altered at the molecular or cellular level in a way 
        that could not result from the natural reproductive process of 
        that species.
            (5) The term ``Sea Grant director'' means director of a 
        college, program, or regional consortium designated under the 
        National Sea Grant College Program Act (33 U.S.C. 1121 et 
        seq.).
            (6) The term ``Secretary'' means the Secretary of Commerce.
            (7) The term ``Strategy'' means the National Marine 
        Biotechnology Strategy developed under section 2104, or any 
        revision thereof.

SEC. 2004. NATIONAL MARINE BIOTECHNOLOGY STRATEGY.

    (a) In General.--The Director shall develop a National Marine 
Biotechnology Strategy for the establishment and implementation of a 
comprehensive research and development effort to assist the nation in 
understanding and using marine biotechnology. The Director shall submit 
the Strategy to the President and Congress within one year after the 
date of enactment of this title and shall submit a revised Strategy at 
least once every three years thereafter.
    (b) Elements of the Strategy.--The Strategy shall--
            (1) establish, for the five-year period beginning in the 
        year the Strategy is submitted, goals and priorities for a 
        coordinated Federal effort in marine biotechnology;
            (2) describe specific activities to achieve such goals and 
        priorities, including--
                    (A) basic and applied research initiatives;
                    (B) essential infrastructure development;
                    (C) education and training programs;
                    (D) development of partnerships among government 
                agencies, industry, and academia to translate research 
                findings into practical use; and
                    (E) applications of marine biotechnology which can 
                be used to contribute to the economic stability and 
                vitality of economies based on traditional fisheries;
            (3) set forth the role of each participation Federal agency 
        and department, identifying and addressing (consistent with the 
        responsibilities established in this title) relevant programs 
        and activities of such agencies and departments that would 
        contribute to the effort;
            (4) estimate, to the extent practicable, funding 
        requirements for the Federal marine biotechnology effort 
        described in the Strategy; and
            (5) provide for, which respect to federally funded 
        activities that may involve release of organisms, coordinated 
        oversight by Federal departments and agencies, including 
        development of--
                    (A) guidelines and performance standards that are 
                necessary for the safe conduct of such activities and 
                for preventing significant environmental risk; and
                    (B) procedures to ensure compliance with such 
                guidelines and performance standards.
    (c) Consultation.--In developing and revising the Strategy, the 
Director--
            (1) shall consult with Federal, State, academic, 
        commercial, and environmental entities involved in marine 
        biotechnology; and
            (2) may convene meetings and workshops, in consultation 
        with the National Academy of Sciences and the Sea Grant 
        directors.

SEC. 2005. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) In General.--The Secretary, in consultation with the council, 
shall, within the National Oceanic and Atmospheric Administration, 
maintain a balanced program of marine biotechnology activities, 
comprised of--
            (1) the program established by section 206 of the National 
        Sea Grant College Program Act (33 U.S.C. 1121 et seq.), as 
        added by section 2106 of this title;
            (2) research conducted under agreements with academic 
        institutions for the purposes of developing and applying marine 
        biotechnology to the management, conservation, and use of 
        living marine resources; and
            (3) marine forensics, biotoxins, and microbiological 
        research on new methods for ensuring the safety of seafood, 
        implementing and enforcing marine environmental statutes, and 
        addressing coastal pollution.
    (b) Restriction Relating to Release of Organisms.--
            (1) In general.--The Secretary shall not conduct activities 
        (either directly or through the award of a grant or contract) 
        that may involve release of organisms, unless such activities--
                    (A) have been reviewed and approved under other 
                applicable Federal law; or
                    (B) are found by the Secretary, based on the 
                Secretary's written assessment, to pose no significant 
                environmental risk.
            (2) Conditions for making a finding.--The Secretary may 
        make a finding under subparagraph (1)(B)--
                    (A) in the case of an intentional release of 
                organisms, only after providing notice and an 
                opportunity for public comment;
                    (B) within 18 months after the date of the 
                enactment of this title only, if the Secretary includes 
                with the finding a brief but complete description of 
                the basis for that finding; and
                    (C) after 18 months after the date of the enactment 
                of this title, only after guidelines, performance 
                standards, and procedures necessary for the safe 
                conduct of activities by the Department of Commerce 
                that may involve the release of organisms have been 
                developed.
    (c) Termination of Award.--The Secretary shall promptly withdraw 
any award made under this title if the Secretary determines that the 
grantee or contractee in question has failed to abide by the applicable 
guidelines, performance standards, and procedures referred to in this 
section or section 2104 of this title.
    (d) Restriction on Pacific Salmon.--The Secretary shall only 
conduct research or award a grant or contract for marine biotechnology 
applications intended to promote or enhance farming, ranching, or other 
forms of captive cultivation (other than stock identification or 
hatchery enhancement of wild stocks) of any species of Pacific salmon 
upon making a written finding that such award, grant, or contract will 
not be detrimental to the economic stability and responsible 
development of traditional coastal economies which rely substantially 
on the harvest of wild stocks of Pacific salmon for a significant 
portion of their livelihood.
    (e) Authorization of Appropriations.--In addition to the sums 
authorized to be appropriated under section 212 of the National Sea 
Grant College Program Act (33 U.S.C. 1131), there are authorized to be 
appropriated to the Secretary, to enable the National Oceanic and 
Atmospheric Administration to carry out this title, $12,000,000 for 
each of fiscal years 1994, 1995, 1996, and 1997.

SEC. 2006. SEA GRANT MARINE BIOTECHNOLOGY PROGRAM.

    (a) Establishment.--The National Sea Grant College Program Act (33 
U.S.C. 1121 et seq.) is amended by inserting immediately after section 
205 the following new section:

``SEC. 206. MARINE BIOTECHNOLOGY PROGRAM.

     ``(a) Marine Biotechnology Program.--Subject to the availability 
of appropriations under section 212(c), the national sea grant college 
program provided for under section 204 shall include a marine 
biotechnology program under which the Secretary, acting through the 
Director, shall--
            ``(1) make grants and enter into contracts in accordance 
        with this section; and
            ``(2) engage in other activities authorized under this Act; 
        to further research, development, education, technology 
        transfer, and risk assessment in marine biotechnology.
    ``(b) Administration.--In carrying out the marine biotechnology 
program, the Secretary shall--
            ``(1) coordinate the relevant activities of the directors 
        of the sea grant colleges and the Marine Biotechnology Review 
        Panel established under subsection (d); and
            ``(2) provide general oversight of the review process under 
        subsection (d)(1) to ensure that the marine biotechnology 
        program produces the highest quality research, development, 
        education, and technology transfer.
    ``(c) Grants and Contracts.--
            ``(1) Applications.--Applications for grants and contracts 
        under this section shall be--
                    ``(A) made in such form and manner, and include 
                such content and submissions, as the Secretary shall by 
                advance notice prescribe;
                    ``(B) forwarded by the appropriate directors of sea 
                grant colleges, along with an evaluation by those 
                directors of merit and programmatic relevance, to the 
                National Sea Grant Office; and
                    ``(C) reviewed by the Marine Biotechnology Review 
                Panel in accordance with subsection (d).
            ``(2) Terms and conditions.--Any reference in subsection 
        (d) of section 205 or in the last sentence of subsection (a) of 
        section 205 to grants and contracts provided for under that 
        section shall be treated, as the context requires, as including 
        any grant applied for or made, or contract applied for or 
        entered into, under this section.
            ``(3) Awarding of grants and contracts.--The Secretary 
        shall award grants and contracts under this section on the 
        basis of the recommendations for award made by the Marine 
        Biotechnology Review Panel under subsection (d).
    ``(d) Marine Biotechnology Review Panel.--
            ``(1) Establishment and duties.--Subject to the 
        availability of appropriations under section 212(c), the 
        Director, in consultation with the directors of the sea grant 
        colleges, shall convene a panel, to be known as the Marine 
        Biotechnology Review Panel, that shall--
                    ``(A) review, on a competitive basis, the 
                applications made under this section for grants and 
                contracts to determine their respective scientific, 
                technical, educational, and commercial merits and 
                likely contributions toward achieving the purposes of 
                this section; and
                    ``(B) on the basis of the review under subparagraph 
                (A), and with due regard for the overall balance and 
                coordination of the marine biotechnology program, make 
                recommendations to the Secretary regarding the awarding 
                of grants and contracts under this section.
            ``(2) Membership.--The Marine Biotechnology Review Panel 
        shall--
                    ``(A) consist of not more than 15 individuals with 
                scientific or technical expertise in marine 
                biotechnology or relevant related fields, including at 
                least two qualified individuals with expertise in 
                marine or freshwater ecological risk assessment;
                    ``(B) reflect a balance among areas of expertise 
                consistent with the purposes of this section;
                    ``(C) include not more than two Federal employees, 
                none of which may be employees of the National Oceanic 
                and Atmospheric Administration;
                    ``(D) not include directors of sea grant colleges; 
                and
                    ``(E) reflect geographic balance, consistent with 
                the primary objectives of a high level of expertise and 
                balance among areas of expertise.
            ``(3) Allowances.--Each member of the Marine Biotechnology 
        Review panel shall receive travel expenses, including per diem 
        in lieu of subsistence, in accordance with sections 5702 and 
        5703 of title 5, United States Code.''.
    (b) Definitions.--(1) Section 203 of the National Sea Grant College 
Program Act (33 U.S.C. 1122) is amended by redesignating paragraphs (6) 
through (15) as paragraphs (7) through (16), respectively, and by 
inserting after paragraph (5) the following new paragraph:
            ``(6) The term `marine biotechnology' means the application 
        of molecular and cellular techniques to marine and other 
        aquatic organisms for the purposes of--
                    ``(A) identifying, isolating, developing and 
                enhancing products that are derived from the aquatic 
                environment;
                    ``(B) developing new techniques and processes that 
                may be applied to marine and coastal resources; and
                    ``(C) monitoring human health and treating 
                diseases.''.
    (2) Section 203(4) of the National Sea Grant College Program Act 
(33 U.S.C. 1122(4) is amended by inserting ``marine biotechnology,'' 
immediately after ``marine technology,''.
    (c) Authorization of Appropriations.--Section 212 of the National 
Sea Grant College Program Act (33 U.S.C. 1131) is amended--
            (1) in subsection (b), by inserting ``but not including 
        section 206'' immediately after ``section 209'';
            (2) by redesignating subsections (c), (d), and (e) as 
        subsection (d), (e) and (f) respectively; and
            (3) by inserting immediately after subsection (b) the 
        following new subsection:
    ``(c) Marine Biotechnology Program.--
            ``(1) Grants and contracts.--There is authorized to be 
        appropriated to carry out the provisions of section 206 (other 
        than for administration) an amount--
                    ``(A) for each of fiscal years 1994 and 1995, not 
                to exceed $20,000,000; and
                    ``(B) for each of fiscal years 1996 and 1997, not 
                to exceed $25,000,000.
            ``(2) Administration.--There is authorized to be 
        appropriated for the administration of section 206, an amount--
                    ``(A) for each of fiscal years 1994 and 1995, not 
                to exceed $200,000; and
                    ``(B) for each of fiscal years 1996 and 1997, not 
                to exceed $250,000.''.

                  TITLE XXI--DOCUMENTATION OF VESSELS

SEC. 2101. AUTHORIZATION OF DOCUMENTATION FOR VARIOUS VESSELS.

    (a) In General.--Notwithstanding section 27 of the Merchant Marine 
Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App. 
U.S.C. 289), the Act of May 28, 1906 (46 App. U.S.C. 292), and sections 
12106, 12107, and 12108 of title 46, United States Code, the Secretary 
of the department in which the Coast Guard is operating may issue a 
certificate of documentation with appropriate endorsements for the 
vessels listed in subsection (b).
    (b) Vessels Described.--The vessels referred to in subsection (a) 
are the following:
            (1) ABORIGINAL (United States official number 942118).
            (2) ALPHA TANGO (United States official number 945782).
            (3) ANNAPOLIS (United States official number 999008).
            (4) ARTHUR ATKINSON (former United States official number 
        214656).
            (5) ATTITUDE (North Carolina registration number NC3607AN).
            (6) BAGGER (Hawaii registration number HI1809E).
            (7) BIG DAD (United States official number 565022).
            (8) BIG GUY (United States official number 939310).
            (9) BROKEN PROMISE (United States official number 904435).
            (10) CHESAPEAKE (United States official number 999010).
            (11) CHRISSY (Maine registration number ME4778B).
            (12) CONSORT (United States official number 999005).
            (13) CURTIS BAY (United States official number 999007).
            (14) EAGLE MAR (United States official number 575349).
            (15) EMERALD AYES (United States official number 986099).
            (16) EMPRESS (United States official number 975018).
            (17) ENDEAVOR (United States official number 947869).
            (18) FIFTY ONE (United States official number 1020419).
            (19) FIREBIRD (United States official number 253656).
            (20) GIBRALTAR (United States official number 668634).
            (21) HAMPTON ROADS (United States official number 999009).
            (22) INTREPID (United States official number 508185).
            (23) ISABELLE (United States official number 600655).
            (24) JAMESTOWN (United States official number 999006).
            (25) JOAN MARIE (North Carolina official number NC2319AV).
            (26) KLIPPER (New York registration number NY8166AN).
            (27) L.R. BEATTIE (United States official number 904161).
            (28) LADY ANGELA (United States official number 933045).
            (29) LADY HAWK (United States official number 961095).
            (30) LADY HELEN (United States official number 527746).
            (31) MANDIRAN (United States official number 939915).
            (32) MEMORY MAKER (Maryland registration number MD8867AW, 
        hull number 3151059).
            (33) OLD HAT (United States official number 508299).
            (34) ORCA (United States official number 504279).
            (35) REEL TOY (United States official number 698383).
            (36) RENDEZVOUS (United States official number 924140).
            (37) SALLIE D (Maryland registration number MD2655A).
            (38) SEAHAWK (United States official number 673537).
            (39) SEAHAWK III (United States official number 996375).
            (40) SEA MISTRESS (United States official number 696806).
            (41) SERENITY (United States official number 1021393).
            (42) SHAMROCK V (United States official number 900936).
            (43) SILENT WINGS (United States official number 969182).
            (44) SUNSHINE (United States official number 974320).
            (45) TECUMSEH (United States official number 668633).
            (46) VIKING (former United States official number 224430).
            (47) WHY KNOT (United States official number 688570).
            (48) WOLF GANG II (United States official number 984934).
            (49) A hopper barge owned by Foley & Foley Marine 
        Contractors, Inc. (United States official number 264959).
            (50) Each of 2 barges owned by Roen Salvage Co., numbered 
        103 and 203.
            (51) Each of 3 spud barges owned by Dan's Excavating, Inc., 
        as follows:
                    (A) Spud barge 102 (United States official number 
                1021958).
                    (B) Spud barge 103 (United States official number 
                1021960).
                    (C) Spud barge 968 (United States official number 
                1021959).
            (52) Each of 3 barges owned by Harbor Marine Corporation of 
        Rhode Island, as follows:
                    (A) HARBOR 223 (approximately 110 feet in length).
                    (B) GENE ELIZABETH (approximately 200 feet in 
                length).
                    (C) HARBOR 221 (approximately 90 feet in length).
            (53) SMALLEY 6808 Amphibious Dredge (Florida registration 
        number FL1855FF).
            (54) TOO MUCH FUN (United States official number 936565).

SEC. 2102. AUTHORIZATION OF DOCUMENTATION FOR THE ATLANTIS III.

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

SEC. 2103. VESSEL DOCUMENTATION FOR CHARITY CRUISES.

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

SEC. 2104. EXTENSION OF DEADLINE FOR THE M/V TWIN DRILL.

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

SEC. 2105. COASTWISE TRADE AUTHORIZATION FOR HOVERCRAFT.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and 
sections 12106 and 12107 of title 46, United States Code, the Secretary 
of Transportation may issue a certificate of documentation with a 
coastwise endorsement for each of the vessels IDUN VIKING (Danish 
Registration number A433), LIV VIKING (Danish Registration number 
A394), and FREJA VIKING (Danish Registration number A395) if--
            (1) all repair and alteration work on the vessels necessary 
        to their operation under this section is performed in the 
        United States;
            (2) a binding contract for the construction in the United 
        States of at least 3 similar vessels for the coastwise trade is 
        executed by the owner of the vessels within 6 months after the 
        date of enactment of this Act; and
            (3) the vessels constructed under the contract entered into 
        under paragraph (1) are to be delivered within 3 years after 
        the date of entering into that contract.

SEC. 2106. WRECKED VESSEL.

    The M/V SPIRIT OF THE PACIFIC NORTHWEST (Bahamian official number 
725338) shall be considered to have met the requirements of the section 
4136 of the Revised Statutes of the United States (46 App. U.S.C. 14), 
if the Secretary of Transportation determines--
            (1) that the vessel was purchased or salvaged by a United 
        States corporation and subsequently repaired in a shipyard in 
        the United States; and
            (2) that repairs to the vessel were equal to or greater 
        than three times the appraised salved value of the vessel.

SEC. 2107. AUTHORIZATION FOR R/V ROSS SEAL TO BE DOCUMENTED UNDER THE 
              LAWS OF A FOREIGN COUNTRY.

    Notwithstanding any other law--
            (1) during the period beginning March 1, 1995, and ending 
        March 1, 1998, the vessel R/V ROSS SEAL (United States official 
        number 582641) may be documented under the laws of a foreign 
        country;
            (2) that vessel shall not be prohibited from or otherwise 
        ineligible to engage in coastwise trade, by reason of having 
        been documented under the laws of a foreign country in that 
        period; and
            (3) the Secretary of Transportation may not, by reason of 
        that vessel having been documented under the laws of a foreign 
        country in the period, withhold documentation for that vessel 
        under chapter 121 of 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 international fishery 
 agreement, to authorize appropriations for the Coast Guard for fiscal 
                   year 1995, and for other purposes.
```