```

[Journal of the House of Representatives, 1995]
[Tuesday, May 9, 1995 (62), Para 62.16 Roll No. 308]
[Pages 637-650]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.62.16                   [Roll No. 308]

                                AYES--146

     Abercrombie
     Ackerman
     Andrews
     Baker (LA)
     Baldacci
     Barcia
     Beilenson
     Bevill
     Bishop
     Bonior
     Borski
     Boucher
     Browder
     Brown (FL)
     Brown (OH)
     Bryant (TX)
     Bunn
     Camp
     Cardin
     Clayton
     Clement
     Clyburn
     Collins (IL)
     Conyers
     Coyne
     de la Garza
     DeFazio
     DeLauro
     Dixon
     Doyle
     Ehlers
     Engel
     Eshoo
     Evans
     Farr
     Fazio
     Fields (LA)
     Filner
     Flake
     Foglietta
     Forbes
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gephardt
     Gibbons
     Gillmor
     Gutierrez
     Hall (OH)
     Hamilton
     Hastings (FL)
     Hayes
     Hefner
     Hilliard
     Hinchey
     Hoekstra
     Holden
     Hoyer
     Jackson-Lee
     Johnson (SD)
     Johnson, E. B.
     Kanjorski
     Kaptur
     Kennedy (MA)
     Kennelly
     Kildee
     Kleczka
     Klink
     Lantos
     Laughlin
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Manton
     Markey
     Martinez
     Mascara
     Matsui
     McDermott
     McHale
     McKinney
     Meek
     Menendez
     Mfume
     Miller (CA)
     Mineta
     Mink
     Murtha
     Nadler
     Ney
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Pelosi
     Petri
     Rahall
     Rangel
     Reed
     Reynolds
     Rivers
     Rose
     Roth
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Schumer
     Scott
     Sensenbrenner
     Serrano
     Skaggs
     Slaughter
     Smith (NJ)
     Stark
     Stockman
     Stokes
     Studds
     Stupak
     Tauzin
     Thompson
     Thornton
     Torricelli
     Towns
     Traficant
     Tucker
     Velazquez
     Vento
     Visclosky
     Walsh
     Ward
     Waters
     Wise
     Woolsey
     Wyden
     Wynn
     Yates
     Young (AK)

                                NOES--272

     Allard
     Archer
     Armey
     Bachus
     Baesler
     Baker (CA)
     Ballenger
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Bilbray
     Bilirakis
     Bliley
     Blute
     Boehner
     Bonilla
     Bono
     Brewster
     Brownback
     Bryant (TN)
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Canady
     Castle
     Chabot
     Chambliss
     Chapman
     Chenoweth
     Christensen
     Chrysler
     Clay
     Clinger
     Coble
     Coburn
     Coleman
     Collins (GA)
     Combest
     Condit
     Cooley
     Costello
     Cox
     Cramer
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Danner
     Davis
     Deal
     DeLay
     Dellums
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Doggett
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Durbin
     Edwards
     Ehrlich
     Emerson
     English
     Ensign
     Everett
     Ewing
     Fawell
     Fields (TX)
     Flanagan
     Foley
     Fowler
     Fox
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Funderburk
     Gallegly
     Ganske
     Gekas
     Geren
     Gilchrest
     Gilman
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Green
     Greenwood
     Gunderson
     Gutknecht
     Hall (TX)
     Hancock
     Hansen
     Harman
     Hastert
     Hastings (WA)
     Hayworth
     Hefley
     Heineman
     Herger
     Hilleary
     Hobson
     Hoke
     Horn
     Hostettler
     Houghton
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jacobs
     Johnson (CT)
     Johnson, Sam
     Johnston
     Jones
     Kasich
     Kelly
     Kennedy (RI)
     Kim
     King
     Kingston
     Klug
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Lincoln
     Linder
     Livingston
     Longley
     Lucas
     Luther
     Manzullo
     Martini
     McCarthy
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     McNulty
     Meehan
     Metcalf
     Meyers
     Mica
     Miller (FL)
     Minge
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Moran
     Morella
     Myers
     Myrick
     Neal
     Nethercutt
     Neumann
     Norwood
     Nussle
     Ortiz
     Orton
     Oxley
     Packard
     Parker
     Paxon
     Payne (VA)
     Peterson (MN)
     Pickett
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Pryce
     Quillen
     Quinn
     Radanovich
     Ramstad
     Regula
     Richardson
     Riggs
     Roberts
     Roemer
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer
     Schiff
     Schroeder
     Seastrand
     Shadegg
     Shaw
     Shays
     Shuster
     Sisisky
     Skeen
     Skelton
     Smith (MI)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Spratt
     Stearns
     Stenholm
     Stump
     Talent
     Tanner
     Tate
     Taylor (NC)
     Tejeda
     Thomas
     Thornberry
     Thurman
     Tiahrt
     Torkildsen
     Torres
     Upton
     Volkmer
     Vucanovich
     Waldholtz
     Walker
     Wamp
     Watt (NC)
     Watts (OK)
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Williams
     Wolf
     Young (FL)
     Zeliff

                             NOT VOTING--16

     Berman
     Boehlert
     Brown (CA)
     Collins (MI)
     Dingell
     Fattah
     Ford
     Gonzalez
     Jefferson
     Maloney
     Moakley
     Peterson (FL)
     Rogers
     Taylor (MS)
     Wilson
     Zimmer
  So the amendment was not agreed to.
  After some further time,
  The SPEAKER pro tempore, Mr. LaTOURETTE, assumed the Chair.
  When Mr. DICKEY, Chairman, pursuant to House Resolution 139, reported 
the bill back to the House with an amendment adopted by the Committee.
  The previous question having been ordered by said resolution.
  The following amendment, reported from the Committee of the Whole 
House on the state of the Union, was agreed to:

       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coast Guard Authorization 
     Act For Fiscal Year 1996''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                        TITLE I--AUTHORIZATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Quarterly reports on drug interdiction.
Sec. 104. Ensuring maritime safety after closure of small boat station 
              or reduction to seasonal status.

               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

Sec. 201. Hurricane Andrew relief.
Sec. 202. Exclude certain reserves from end-of-year strength.
Sec. 203. Provision of child development services.
Sec. 204. Access to national driver register information on certain 
              Coast Guard personnel.
Sec. 205. Officer retention until retirement eligible.

     TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT

Sec. 301. Foreign passenger vessel user fees.
Sec. 302. Florida Avenue Bridge.
Sec. 303. Renewal of Houston-Galveston Navigation Safety Advisory 
              Committee and Lower Mississippi River Waterway Advisory 
              Committee.
Sec. 304. Renewal of the Navigation Safety Advisory Council.
Sec. 305. Renewal of Commercial Fishing Industry Vessel Advisory 
              Committee.
Sec. 306. Nondisclosure of port security plans.
Sec. 307. Maritime drug and alcohol testing program civil penalty.
Sec. 308. Withholding vessel clearance for violation of certain Acts.
Sec. 309. Increased civil penalties.
Sec. 310. Amendment to require emergency position indicating radio 
              beacons on the Great Lakes.
Sec. 311. Extension of Towing Safety Advisory Committee.

                        TITLE IV--MISCELLANEOUS

Sec. 401. Transfer of Coast Guard property in Traverse City, Michigan.

[[Page 638]]

Sec. 402. Transfer of Coast Guard property in Ketchikan, Alaska.
Sec. 403. Electronic filing of commercial instruments.
Sec. 404. Board for correction of military records deadline.
Sec. 405. Judicial sale of certain documented vessels to aliens.
Sec. 406. Improved authority to sell recyclable material.
Sec. 407. Recruitment of women and minorities.
Sec. 408. Limitation of certain State authority over vessels.
Sec. 409. Vessel financing.
Sec. 410. Sense of Congress; requirement regarding notice.
Sec. 411. Special selection boards.
Sec. 412. Availability of extrajudicial remedies for default on 
              preferred mortgage liens on vessels.
Sec. 413. Implementation of water pollution laws with respect to 
              vegetable oil.
Sec. 414. Certain information from marine casualty investigations 
              barred in legal proceedings.
Sec. 415. Report on LORAN-C requirements.
Sec. 416. Limited double hull exemptions.
Sec. 417. Oil spill response vessels.
Sec. 418. Offshore facility financial responsibility requirements.
Sec. 419. Manning and watch requirements on towing vessels on the Great 
              Lakes.
Sec. 420. Limitation on application of certain laws to Lake Texoma.
Sec. 421. Limitation on consolidation or relocation of Houston and 
              Galveston marine safety offices.
Sec. 422. Sense of the Congress regarding funding for Coast Guard.
Sec. 423. Conveyance of Light Station, Montauk Point, New York.
Sec. 424. Conveyance of Cape Ann Lighthouse, Thachers Island, 
              Massachusetts.
Sec. 425. Amendments to Johnson Act.
Sec. 426. Transfer of Coast Guard property in Gosnold, Massachusetts.
Sec. 427. Transfer of Coast Guard property in New Shoreham, Rhode 
              Island.
Sec. 428. Vessel deemed to be a recreational vessel.
Sec. 429. Requirement for procurement of buoy chain.
Sec. 430. Cruise vessel tort reform.
Sec. 431. Limitation on fees and charges with respect to ferries.

                 TITLE V--COAST GUARD REGULATORY REFORM

Sec. 501. Short title.
Sec. 502. Safety management.
Sec. 503. Use of reports, documents, records, and examinations of other 
              persons.
Sec. 504. Equipment approval.
Sec. 505. Frequency of inspection.
Sec. 506. Certificate of inspection.
Sec. 507. Delegation of authority of Secretary to classification 
              societies.

                   TITLE VI--DOCUMENTATION OF VESSELS

Sec. 601. Authority to issue coastwise endorsements.
Sec. 602. Vessel documentation for charity cruises.
Sec. 603. Extension of deadline for conversion of vessel M/V TWIN 
              DRILL.
Sec. 604. Documentation of vessel RAINBOW'S END.
Sec. 605. Documentation of vessel GLEAM.
Sec. 606. Documentation of various vessels.
Sec. 607. Documentation of 4 barges.
Sec. 608. Limited waiver for ENCHANTED ISLE and ENCHANTED SEAS.
Sec. 609. Limited waiver for MV PLATTE.

             TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS

Sec. 701. Amendment of inland navigation rules.
Sec. 702. Measurement of vessels.
Sec. 703. Longshore and harbor workers compensation.
Sec. 704. Radiotelephone requirements.
Sec. 705. Vessel operating requirements.
Sec. 706. Merchant Marine Act, 1920.
Sec. 707. Merchant Marine Act, 1956.
Sec. 708. Maritime education and training.
Sec. 709. General definitions.
Sec. 710. Authority to exempt certain vessels.
Sec. 711. Inspection of vessels.
Sec. 712. Regulations.
Sec. 713. Penalties--inspection of vessels.
Sec. 714. Application--tank vessels.
Sec. 715. Tank vessel construction standards.
Sec. 716. Tanker minimum standards.
Sec. 717. Self-propelled tank vessel minimum standards.
Sec. 718. Definition--abandonment of barges.
Sec. 719. Application--load lines.
Sec. 720. Licensing of individuals.
Sec. 721. Able seamen--limited.
Sec. 722. Able seamen--offshore supply vessels.
Sec. 723. Scale of employment--able seamen.
Sec. 724. General requirements--engine department.
Sec. 725. Complement of inspected vessels.
Sec. 726. Watchmen.
Sec. 727. Citizenship and naval reserve requirements.
Sec. 728. Watches.
Sec. 729. Minimum number of licensed individuals.
Sec. 730. Officers' competency certificates convention.
Sec. 731. Merchant mariners' documents required.
Sec. 732. Certain crew requirements.
Sec. 733. Freight vessels.
Sec. 734. Exemptions.
Sec. 735. United States registered pilot service.
Sec. 736. Definitions--merchant seamen protection.
Sec. 737. Application--foreign and intercoastal voyages.
Sec. 738. Application--coastwise voyages.
Sec. 739. Fishing agreements.
Sec. 740. Accommodations for seamen.
Sec. 741. Medicine chests.
Sec. 742. Logbook and entry requirements.
Sec. 743. Coastwise endorsements.
Sec. 744. Fishery endorsements.
Sec. 745. Clerical amendment.
Sec. 746. Repeal of Great Lakes endorsements.
Sec. 747. Convention tonnage for licenses, certificates, and documents.

              TITLE VIII--COAST GUARD AUXILIARY AMENDMENTS

Sec. 801. Administration of the Coast Guard Auxiliary.
Sec. 802. Purpose of the Coast Guard Auxiliary.
Sec. 803. Members of the Auxiliary; status.
Sec. 804. Assignment and performance of duties.
Sec. 805. Cooperation with other agencies, States, territories, and 
              political subdivisions.
Sec. 806. Vessel deemed public vessel.
Sec. 807. Aircraft deemed public aircraft.
Sec. 808. Disposal of certain material.
                        TITLE I--AUTHORIZATIONS

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are authorized to be appropriated for necessary 
     expenses of the Coast Guard for fiscal year 1996, as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $2,618,316,000, 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, $428,200,000, 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, $22,500,000, to remain available until 
     expended, of which $3,150,000 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.
       (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, $582,022,000.
       (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, $16,200,000, 
     to remain available until expended.
       (6) For necessary expenses to carry out the Coast Guard's 
     environmental compliance and restoration functions, other 
     than parts and equipment associated with operations and 
     maintenance, under chapter 19 of title 14, United States 
     Code, at Coast Guard facilities, $25,000,000, to remain 
     available until expended.

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

       (a) Active Duty Strength.--The Coast Guard is authorized an 
     end-of-year strength for active duty personnel of 38,400 as 
     of September 30, 1996.
       (b) Military Training Student Loads.--For fiscal year 1996, 
     the Coast Guard is authorized average military training 
     student loads as follows:
       (1) For recruit and special training, 1604 student years.
       (2) For flight training, 85 student years.
       (3) For professional training in military and civilian 
     institutions, 330 student years.
       (4) For officer acquisition, 874 student years.

     SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION.

       Not later than 30 days after the end of each fiscal year 
     quarter, the Secretary of Transportation shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on all expenditures 
     related to drug interdiction activities of the Coast Guard 
     during that quarter.

     SEC. 104. ENSURING MARITIME SAFETY AFTER CLOSURE OF SMALL 
                   BOAT STATION OR REDUCTION TO SEASONAL STATUS.

       (a) Maritime Safety Determination.--None of the funds 
     authorized to be appropriated under this Act may be used to 
     close Coast Guard multimission small boat stations unless the 
     Secretary of Transportation determines that maritime safety 
     will not be diminished by the closures.
       (b) Transition Plan Required.--None of the funds 
     appropriated under the authority

[[Page 639]]

     of this Act may be used to close or reduce to seasonal status 
     a small boat station, unless the Secretary of Transportation, 
     in cooperation with the community affected by the closure or 
     reduction, has developed and implemented a transition plan to 
     ensure that the maritime safety needs of the community will 
     continue to be met.
               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

     SEC. 201. HURRICANE ANDREW RELIEF.

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

     SEC. 202. 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. 203. PROVISION OF CHILD DEVELOPMENT SERVICES.

       Section 93 of title 14, United States Code, is amended by 
     striking ``and'' after the semicolon at the end of paragraph 
     (t)(2), by striking the period at the end of paragraph (u) 
     and inserting ``; and'', and by adding at the end the 
     following new paragraph:
       ``(v) make child development services available to members 
     of the armed forces and Federal civilian employees under 
     terms and conditions comparable to those under the Military 
     Child Care Act of 1989 (10 U.S.C. 113 note).''.

     SEC. 204. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON 
                   CERTAIN COAST GUARD PERSONNEL.

       (a) Amendment to Title 14.--Section 93 of title 14, United 
     States Code, as amended by section 203, is further amended--
       (1) by striking ``and'' after the semicolon at the end of 
     paragraph (u);
       (2) by striking the period at the end of paragraph (v) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(w) require that any officer, chief warrant officer, or 
     enlisted member of the Coast Guard or Coast Guard Reserve 
     (including a cadet or an applicant for appointment or 
     enlistment to any of the foregoing and any member of a 
     uniformed service who is assigned to the Coast Guard) request 
     that all information contained in the National Driver 
     Register pertaining to the individual, as described in 
     section 30304(a) of title 49, be made available to the 
     Commandant under section 30305(a) of title 49, may receive 
     that information, and upon receipt, shall make the 
     information available to the individual.''.
       (b) Amendment to Title 49.--Section 30305(b) of title 49, 
     United States Code, is amended by redesignating paragraph (7) 
     as paragraph (8) and inserting after paragraph (6) the 
     following new paragraph:
       ``(7) An individual who is an officer, chief warrant 
     officer, or enlisted member of the Coast Guard or Coast Guard 
     Reserve (including a cadet or an applicant for appointment or 
     enlistment of any of the foregoing and any member of a 
     uniformed service who is assigned to the Coast Guard) may 
     request the chief driver licensing official of a State to 
     provide information about the individual under subsection (a) 
     of this section to the Commandant of the Coast Guard. The 
     Commandant may receive the information and shall make the 
     information available to the individual. Information may not 
     be obtained from the Register under this paragraph if the 
     information was entered in the Register more than 3 years 
     before the request, unless the information is about a 
     revocation or suspension still in effect on the date of the 
     request.''.

     SEC. 205. 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, on the date specified for the officer's discharge 
     in this section, the officer has completed at least 20 years 
     of active service or is eligible for retirement under any 
     law, be retired on that date.''.
     TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT

     SEC. 301. FOREIGN PASSENGER VESSEL USER FEES.

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

     SEC. 302. 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 of 
     Transportation 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. 303. 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, 2000.''; 
     and
       (2) in section 19 by adding at the end the following:
       ``(g) The Committee shall terminate on October 1, 2000.''.

     SEC. 304. RENEWAL OF THE NAVIGATION SAFETY ADVISORY COUNCIL.

       (a) Renewal.--Section 5(d) of the Inland Navigational Rules 
     Act of 1980 (33 U.S.C. 2073) is amended by striking 
     ``September 30, 1995'' and inserting ``September 30, 2000''.
       (b) Clerical Amendment.--The section heading for section 
     5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 
     2073) is amended by striking ``Rules of the Road Advisory 
     Council'' and inserting ``Navigation Safety Advisory 
     Council''.

     SEC. 305. RENEWAL OF 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, 2000''.

     SEC. 306. NONDISCLOSURE OF PORT SECURITY PLANS.

       Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 
     1226), is amended by adding at the end the following new 
     subsection (c):
       ``(c) Nondisclosure of Port Security Plans.--
     Notwithstanding any other provision of law, information 
     related to security plans, procedures, or programs for 
     passenger vessels or passenger terminals authorized under 
     this Act is not required to be disclosed to the public.''.

     SEC. 307. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL 
                   PENALTY.

       (a) Penalty Imposed.--Chapter 21 of title 46, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2115. Civil penalty to enforce alcohol and dangerous 
       drug testing

       ``Any person who fails to comply with or otherwise violates 
     the requirements prescribed by the Secretary under this 
     subtitle for chemical testing for dangerous drugs or for 
     evidence of alcohol use is liable to the United States 
     Government for a civil penalty of not more than $1,000 for 
     each violation. Each day of a continuing violation shall 
     constitute a separate violation.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 21 of title 46, United States Code, is 
     amended by inserting after the item relating to section 2114 
     the following new item:

``2115. Civil penalty to enforce alcohol and dangerous drug testing.''.

     SEC. 308. WITHHOLDING VESSEL CLEARANCE FOR VIOLATION OF 
                   CERTAIN ACTS.

       (a) Title 49, United States Code.--Section 5122 of title 
     49, United States Code, is amended by adding at the end the 
     following new subsection:
       ``(c) Withholding of Clearance.--(1) If any owner, 
     operator, or person in charge of a vessel is liable for a 
     civil penalty under section 5123 of this title or for a fine 
     under section 5124 of this title, or if reasonable cause 
     exists to believe that such owner, operator, or person in 
     charge may be subject to such a civil penalty or fine, the 
     Secretary of the Treasury, upon the request of the Secretary, 
     shall with respect to such vessel refuse or revoke any 
     clearance required by section 4197 of the Revised Statutes of 
     the United States (46 App. U.S.C. 91).
       ``(2) Clearance refused or revoked under this subsection 
     may be granted upon the filing of a bond or other surety 
     satisfactory to the Secretary.''.
       (b) Port and Waterways Safety Act.--Section 13(f) of the 
     Ports and Waterways Safety Act (33 U.S.C. 1232(f)) is amended 
     to read as follows:
       ``(f) Withholding of Clearance.--(1) If any owner, 
     operator, or person in charge of a vessel is liable for a 
     penalty or fine under this section, or if reasonable cause 
     exists to believe that the owner, operator, or person in 
     charge may be subject to a penalty or fine under this 
     section, the Secretary of the Treasury, upon the request of 
     the Secretary, shall with respect to such vessel refuse or 
     revoke any clearance required by section 4197 of the Revised 
     Statutes of the United States (46 App. U.S.C. 91).
       ``(2) Clearance refused or revoked under this subsection 
     may be granted upon filing of

[[Page 640]]

     a bond or other surety satisfactory to the Secretary.''.
       (c) Inland Navigation Rules Act of 1980.--Section 4(d) of 
     the Inland Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) 
     is amended to read as follows:
       ``(d) Withholding of Clearance.--(1) If any owner, 
     operator, or person in charge of a vessel is liable for a 
     penalty under this section, or if reasonable cause exists to 
     believe that the owner, operator, or person in charge may be 
     subject to a penalty under this section, the Secretary of the 
     Treasury, upon the request of the Secretary, shall with 
     respect to such vessel refuse or revoke any clearance 
     required by section 4197 of the Revised Statutes of the 
     United States (46 App. U.S.C. 91).
       ``(2) Clearance or a permit refused or revoked under this 
     subsection may be granted upon filing of a bond or other 
     surety satisfactory to the Secretary.''.
       (d) Title 46, United States Code.--Section 3718(e) of title 
     46, United States Code, is amended to read as follows:
       ``(e)(1) If any owner, operator, or person in charge of a 
     vessel is liable for any penalty or fine under this section, 
     or if reasonable cause exists to believe that the owner, 
     operator, or person in charge may be subject to any penalty 
     or fine under this section, the Secretary of the Treasury, 
     upon the request of the Secretary, shall with respect to such 
     vessel refuse or revoke any clearance required by section 
     4197 of the Revised Statutes of the United States (46 U.S.C. 
     App. 91).
       ``(2) Clearance or a permit refused or revoked under this 
     subsection may be granted upon filing of a bond or other 
     surety satisfactory to the Secretary.''.

     SEC. 309. INCREASED CIVIL PENALTIES.

       (a) 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''.
       (b) Operation of Uninspected 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. 310. AMENDMENT TO REQUIRE EMERGENCY POSITION INDICATING 
                   RADIO BEACONS ON THE GREAT LAKES.

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

     SEC. 311. EXTENSION OF TOWING SAFETY ADVISORY COMMITTEE.

       Subsection (e) of the Act to establish a Towing Safety 
     Advisory Committee in the Department of Transportation (33 
     U.S.C. 1231a(e)), is amended by striking ``September 30, 
     1995'' and inserting ``October 1, 2000''.
                        TITLE IV--MISCELLANEOUS

     SEC. 401. TRANSFER 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. 402. TRANSFER OF COAST GUARD PROPERTY IN KETCHIKAN, 
                   ALASKA.

       (a) Conveyance Requirement.--The Secretary of 
     Transportation shall convey to the Ketchikan Indian 
     Corporation in Ketchikan, Alaska, without reimbursement and 
     by no later than 120 days after the date of enactment of this 
     Act, all right, title, and interest of the United States in 
     and to the property known as the ``Former Marine Safety 
     Detachment'' as identified in Report of Excess Number CG-689 
     (GSA Control Number 9-U-AK-0747) and described in subsection 
     (b), for use by the Ketchikan Indian Corporation as a 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. 403. 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. 404. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE.

       (a) Remedies Deemed Exhausted.--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) Existing Deadline Mandatory.--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.
       (c) Application.--This section applies to all applications 
     filed with or pending before the Board or the Secretary of 
     Transportation on or after June 12, 1990. For applications 
     that were pending on June 12, 1990, the 10-month deadline 
     referred to in subsection (b) shall be calculated from June 
     12, 1990.

     SEC. 405. JUDICIAL SALE OF CERTAIN DOCUMENTED VESSELS TO 
                   ALIENS.

       Section 31329 of title 46, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(f) This section does not apply to a documented vessel 
     that has been operated only--
       ``(1) as a fishing vessel, fish processing vessel, or fish 
     tender vessel; or
       ``(2) for pleasure.''.

     SEC. 406. IMPROVED AUTHORITY TO SELL RECYCLABLE MATERIAL.

       Section 641(c)(2) of title 14, United States Code, is 
     amended by inserting before the period the following: ``, 
     except that the Commandant may conduct sales of materials for 
     which the proceeds of sale will not exceed $5,000 under 
     regulations prescribed by the Commandant''.

     SEC. 407. RECRUITMENT OF WOMEN AND MINORITIES.

       Not later than January 31, 1996, the Commandant of the 
     Coast Guard shall report to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, on the status of and the problems in recruitment of 
     women and minorities into the Coast Guard. The report shall 
     contain specific plans to increase the recruitment of women 
     and minorities and legislative recommendations needed to 
     increase the recruitment of women and minorities.

     SEC. 408. LIMITATION OF CERTAIN STATE AUTHORITY OVER VESSELS.

       (a) Short Title.--This section may be cited as the 
     ``California Cruise Industry Revitalization Act''.
       (b) Limitation.--Section 5(b)(2) of the Act of January 2, 
     1951 (15 U.S.C. 1175(b)(2)), commonly referred to as the 
     ``Johnson Act'', is amended by adding at the end the 
     following:
       ``(C) Exclusion of certain voyages and segments.--Except 
     for a voyage or segment of a voyage that occurs within the 
     boundaries of the State of Hawaii, a voyage or seg

[[Page 641]]

     ment 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. 409. VESSEL FINANCING.

       (a) Documentation Citizen Eligible Mortgagee.--Section 
     31322(a)(1)(D) of title 46, United States Code, is amended--
       (1) by striking ``or'' at the end of 31322(a)(1)(D)(v) and 
     inserting ``or'' at the end of 31322(a)(1)(D)(vi); and
       (2) by adding at the end a new subparagraph as follows:
       ``(vii) a person eligible to own a documented vessel under 
     chapter 121 of this title.''.
       (b) Amendment to Trustee Restrictions.--Section 31328(a) of 
     title 46, United States Code, is amended--
       (1) by striking ``or'' at the end of 31328(a)(3) and 
     inserting ``or'' at the end of 31328(a)(4); and
       (2) by adding at the end a new subparagraph as follows:
       ``(5) is a person eligible to own a documented vessel under 
     chapter 121 of this title.''.
       (c) 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 person that owns the vessel, a parent entity of 
     that person, or a subsidiary of a parent entity of that 
     person, is engaged in lease financing;
       ``(C) 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;
       ``(D) the demise charter is for--
       ``(i) a period of at least 3 years; or
       ``(ii) a shorter period as may be prescribed by the 
     Secretary; and
       ``(E) the vessel is otherwise qualified under this section 
     to be employed in the coastwise trade.
       ``(2) Upon default by a bareboat charterer of a demise 
     charter required under paragraph (1)(D), the coastwise 
     endorsement of the vessel may, in the sole discretion of the 
     Secretary, be continued after the termination for default of 
     the demise charter for a period not to exceed 6 months on 
     terms and conditions as the Secretary may prescribe.
       ``(3) For purposes of section 2 of the Shipping Act, 1916, 
     and section 12102(a) of this title, a vessel meeting the 
     criteria of subsection is deemed to be owned exclusively by 
     citizens of the United States.''.
       (d) Conforming Amendment.--Section 9(c) of the Shipping 
     Act, 1916, as amended (46 App. U.S.C. 808(c)) is amended by 
     inserting ``12106(e),'' after the word ``sections'' and 
     before 31322(a)(1)(D).

     SEC. 410. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

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

     SEC. 411. SPECIAL SELECTION BOARDS.

       (a) Requirement.--Chapter 21 of title 14, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 747. Special selection boards

       ``(a) The Secretary shall provide for special selection 
     boards to consider the case of any officer who is eligible 
     for promotion who--
       ``(1) was not considered for selection for promotion by a 
     selection board because of administrative error; or
       ``(2) was considered for selection for promotion by a 
     selection board but not selected because--
       ``(A) the action of the board that considered the officer 
     was contrary to law or involved a material error of fact or 
     material administrative error; or
       ``(B) the board that considered the officer did not have 
     before it for its consideration material information.
       ``(b) Not later than 6 months after the date of the 
     enactment of the Coast Guard Authorization Act For Fiscal 
     Year 1996, the Secretary shall issue regulations to implement 
     this section. The regulations shall conform, as appropriate, 
     to the regulations and procedures issued by the Secretary of 
     Defense for special selection boards under section 628 of 
     title 10, United States Code.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     21 of title 14, United States Code, is amended by adding 
     after the item for section 746 the following:

``747. Special selection boards.''.

     SEC. 412. AVAILABILITY OF EXTRAJUDICIAL REMEDIES FOR DEFAULT 
                   ON PREFERRED MORTGAGE LIENS ON VESSELS.

       (a) Availability of Extrajudicial Remedies.--Section 
     31325(b) of title 46, United States Code, is amended--
       (1) in the matter preceding paragraph (1) by striking 
     ``mortgage may'' and inserting ``mortgagee may'';
       (2) in paragraph (1) by--
       (A) striking ``perferred'' and inserting ``preferred''; and
       (B) striking ``; and'' and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(3) enforce the preferred mortgage lien or a claim for 
     the outstanding indebtedness secured by the mortgaged vessel, 
     or both, by exercising any other remedy (including an 
     extrajudicial remedy) against a documented vessel, a vessel 
     for which an application for documentation is filed under 
     chapter 121 of this title, a foreign vessel, or a mortgagor, 
     maker, comaker, or guarantor for the amount of the 
     outstanding indebtedness or any deficiency in full payment of 
     that indebtedness, if--
       ``(A) the remedy is allowed under applicable law; and
       ``(B) the exercise of the remedy will not result in a 
     violation of section 9 or 37 of the Shipping Act, 1916 (46 
     App. U.S.C. 808, 835).''.
       (b) Notice.--Section 31325 of title 46, United States Code, 
     is further amended by adding at the end the following:
       ``(f)(1) Before title to the documented vessel or vessel 
     for which an application for documentation is filed under 
     chapter 121 is transferred by an extrajudicial remedy, the 
     person exercising the remedy shall give notice of the 
     proposed transfer to the Secretary, to the mortgagee of any 
     mortgage on the vessel filed in substantial compliance with 
     section 31321 of this title before notice of the proposed 
     transfer is given to the Secretary, and to any person that 
     recorded a notice of a claim of an undischarged lien on the 
     vessel under section 31343(a) or (d) of this title before 
     notice of the proposed transfer is given to the Secretary.
       ``(2) Failure to give notice as required by this subsection 
     shall not affect the transfer of title to a vessel. However, 
     the rights of any holder of a maritime lien or a preferred 
     mortgage on the vessel shall not be affected by a transfer of 
     title by an extrajudicial remedy exercised under this 
     section, regardless of whether notice is required by this 
     subsection or given.
       ``(3) The Secretary shall prescribe regulations 
     establishing the time and manner for providing notice under 
     this subsection.''.
       (c) Rule of Construction.--The amendments made by 
     subsections (a) and (b) may not be construed to imply that 
     remedies other than judicial remedies were not available 
     before the date of enactment of this section to enforce 
     claims for outstanding indebtedness secured by mortgaged 
     vessels.

     SEC. 413. IMPLEMENTATION OF WATER POLLUTION LAWS WITH RESPECT 
                   TO VEGETABLE OIL.

       (a) Differentiation Among Fats, Oils, and Greases.--
       (1) In general.--In issuing or enforcing a regulation, an 
     interpretation, or a guideline relating to a fat, oil, or 
     grease under a Federal law related to water pollution 
     control, the head of a Federal agency shall--
       (A) differentiate between and establish separate classes 
     for--
       (i)(I) animal fats; and
       (II) vegetable oils; and
       (ii) other oils, including petroleum oil; and
       (B) apply different standards to different classes of fat 
     and oil as provided in paragraph (2).
       (2) Considerations.--In differentiating between the classes 
     of animal fats and vegetable oils referred to in paragraph 
     (1)(A)(i) and the classes of oils described in paragraph 
     (1)(A)(ii), the head of a Federal agency shall consider 
     differences in physical, chemical, biological, and other 
     properties, and in the environmental effects, of the classes.
       (b) Financial Responsibility.--
       (1) Limits on liability.--Section 1004(a)(1) of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is amended by 
     striking ``for a tank vessel,'' and inserting ``for a tank 
     vessel carrying oil in bulk as cargo or cargo residue (except 
     a tank vessel on which the only oil carried is an animal fat 
     or vegetable oil, as those terms are defined in section 
     413(c) of the Coast Guard Authorization Act for Fiscal Year 
     1996),''.
       (2) Financial responsibility.--The first sentence of 
     section 1016(a) of the Act (33 U.S.C. 2716(a)) is amended by 
     striking ``, in the case of a tank vessel, the responsible 
     party could be subject under section 1004(a)(1) or (d) of 
     this Act, or to which, in the case of any other vessel, the 
     responsible party could be subjected under section 1004(a)(2) 
     or (d)'' and inserting ``the responsible party could be 
     subjected under section 1004(a) or (d) of this Act''.
       (c) Definitions.--In this section, the following 
     definitions apply:
       (1) Animal fat.--The term ``animal fat'' means each type of 
     animal fat, oil, or grease, including fat, oil, or grease 
     from fish or a marine mammal and any fat, oil, or grease 
     referred to in section 61(a)(2) of title 13, United States 
     Code.
       (2) Vegetable oil.--The term ``vegetable oil'' means each 
     type of vegetable oil, including vegetable oil from a seed, 
     nut, or kernel and any vegetable oil referred to in section 
     61(a)(1) of title 13, United States Code.

     SEC. 414. CERTAIN INFORMATION FROM MARINE CASUALTY 
                   INVESTIGATIONS BARRED IN LEGAL PROCEEDINGS.

       (a) In General.--Title 46, United States Code, is amended 
     by inserting after section 6307 the following new section:

     ``Sec. 6308. Information barred in legal proceedings

       ``(a) Notwithstanding any other provision of law, any 
     opinion, recommendation, delib

[[Page 642]]

     eration, or conclusion contained in a report of a marine 
     casualty investigation conducted under section 6301 of this 
     title with respect to the cause of, or factors contributing 
     to, the casualty set forth in the report of the investigation 
     is not admissible as evidence or subject to discovery in any 
     civil, administrative, or State criminal proceeding arising 
     from a marine casualty, other than with the permission and 
     consent of the Secretary of Transportation, in his or her 
     sole discretion. Any employee of the United States or 
     military member of the Coast Guard investigating a marine 
     casualty or assisting in any such investigation conducted 
     pursuant to section 6301 of this title, shall not be subject 
     to deposition or other discovery, or otherwise testify or 
     give information in such proceedings relevant to a marine 
     casualty investigation, without the permission and consent of 
     the Secretary of Transportation in his or her sole 
     discretion. In exercising this discretion in cases where the 
     United States is a party, the Secretary shall not withhold 
     permission for an employee to testify solely on factual 
     matters where the information is not available elsewhere or 
     is not obtainable by other means. Nothing in this section 
     prohibits the United States from calling an employee as an 
     expert witness to testify on its behalf.
       ``(b) The information referred to in subsection (a) of this 
     section shall not be considered an admission of liability by 
     the United States or by any person referred to in those 
     conclusions or statements.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 63 of title 46, United States Code, is 
     amended by adding after the item related to section 6307 the 
     following:

``6308. Information barred in legal proceedings.''.

     SEC. 415. REPORT ON LORAN-C REQUIREMENTS.

       Not later than 6 months after the date of the enactment of 
     this Act, the Secretary of Transportation shall submit a 
     report to the Committee on Transportation and Infrastructure 
     of the House of Representatives, and the Committee on 
     Commerce, Science and Transportation of the Senate, prepared 
     in consultation with users of the LORAN-C radionavigation 
     system, defining the future use of and funding for 
     operations, maintenance, and upgrades of the LORAN-C 
     radionavigation system. The report shall address the 
     following:
       (1) An appropriate timetable for transition from ground-
     based radionavigation technology after it is determined that 
     satellite-based technology is available as a sole means of 
     safe and efficient navigation.
       (2) The need to ensure that LORAN-C technology purchased by 
     the public before the year 2000 has a useful economic life.
       (3) The benefits of fully utilizing the compatibilities of 
     LORAN-C technology and satellite-based technology by all 
     modes of transportation.
       (4) The need for all agencies in the Department of 
     Transportation and other relevant Federal agencies to share 
     the Federal Government's costs related to LORAN-C technology.

     SEC. 416. LIMITED DOUBLE HULL EXEMPTIONS.

       Section 3703a(b) of title 46, United States Code, is 
     amended by--
       (1) striking ``or'' at the end of paragraph (2);
       (2) striking the period at the end of paragraph (3) and 
     inserting a semicolon; and
       (3) adding at the end the following new paragraphs:
       ``(4) a vessel equipped with a double hull before August 
     12, 1992;
       ``(5) a barge of less than 2,000 gross tons that is 
     primarily used to carry deck cargo and bulk fuel to Native 
     villages (as that term is defined in section 3 of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1601)) located on or 
     adjacent to bays or rivers above 58 degrees north latitude; 
     or
       ``(6) a vessel in the National Defense Reserve Fleet 
     pursuant to section 11 of the Merchant Ship Sales Act of 1946 
     (50 App. U.S.C. 1744).''.

     SEC. 417. OIL SPILL RESPONSE VESSELS.

       (a) Definition.--Section 2101 of title 46, United States 
     Code, is amended--
       (1) by redesignating paragraph (20a) as paragraph (20b); 
     and
       (2) by inserting after paragraph (20) the following new 
     paragraph:
       ``(20a) `oil spill response vessel' means a vessel that is 
     designated in its certificate of inspection as such a vessel, 
     or that is adapted to respond to a discharge of oil or a 
     hazardous material.''.
       (b) Exemption From Liquid Bulk Carriage Requirements.--
     Section 3702 of title 46, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f) This chapter does not apply to an oil spill response 
     vessel if--
       ``(1) the vessel is used only in response-related 
     activities; or
       ``(2) the vessel is--
       ``(A) not more than 500 gross tons;
       ``(B) designated in its certificate of inspection as an oil 
     spill response vessel; and
       ``(C) engaged in response-related activities.''.
       (c) Manning.--Section 8104(p) of title 46, United States 
     Code, is amended to read as follows:
       ``(p) The Secretary may prescribe the watchstanding 
     requirements for an oil spill response vessel.''.
       (d) Minimum Number of Licensed Individuals.--Section 
     8301(e) of title 46, United States Code, is amended to read 
     as follows:
       ``(e) The Secretary may prescribe the minimum number of 
     licensed individuals for an oil spill response vessel.''.
       (e) Merchant Mariner Document Requirements.--Section 
     8701(a) of title 46, United States Code, is amended by 
     striking ``and'' after the semicolon at the end of paragraph 
     (7), by striking the period at the end of paragraph (8) and 
     inserting ``; and'', and by adding at the end the following 
     new paragraph:
       ``(9) the Secretary may prescribe the individuals required 
     to hold a merchant mariner's document serving onboard an oil 
     spill response vessel.''.
       (f) Exemption From Towing Vessel Requirement.--Section 8905 
     of title 46, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(c) Section 8904 of this title does not apply to an oil 
     spill response vessel while engaged in oil spill response or 
     training activities.''.
       (g) Inspection Requirement.--Section 3301 of title 46, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(14) oil spill response vessels.''.

     SEC. 418. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY 
                   REQUIREMENTS.

       (a) Definition of Responsible Party.--Section 1001(32)(C) 
     of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)(C)) is 
     amended by striking ``applicable State law or'' and inserting 
     ``applicable State law relating to exploring for, producing, 
     or transporting oil on submerged lands on the Outer 
     Continental Shelf in accordance with a license or permit 
     issued for such purpose, or under''.
       (b) Amount of Financial Responsibility.--Section 1016(c)(1) 
     of the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is 
     amended to read as follows:
       ``(1) In general.--
       ``(A) Evidence of financial responsibility required.--
     Except as provided in paragraph (2), each responsible party 
     with respect to an offshore facility described in section 
     1001(32)(C) located seaward of the line of ordinary low water 
     along that portion of the coast that is in direct contact 
     with the open sea and the line marking the seaward limit of 
     inland waters that is--
       ``(i) used for exploring for, producing, or transporting 
     oil; and
       ``(ii) has the capacity to transport, store, transfer, or 
     otherwise handle more than 1,000 barrels of oil at any one 
     time,
     shall establish and maintain evidence of financial 
     responsibility in the amount required under subparagraph (B) 
     or (C), applicable.
       ``(B) Amount required generally.--Except as provided in 
     subparagraph (C), for purposes of subparagraph (A) the amount 
     of financial responsibility required is $35,000,000.
       ``(C) Greater amount.--If the President determines that an 
     amount of financial responsibility greater than the amount 
     required by subparagraph (B) is necessary for an offshore 
     facility, based on an assessment of the risk posed by the 
     facility that includes consideration of the relative 
     operational, environmental, human health, and other risks 
     posed by the quantity or quality of oil that is transported, 
     stored, transferred, or otherwise handled by the facility, 
     the amount of financial responsibility required shall not 
     exceed $150,000,000 determined by the President on the basis 
     of clear and convincing evidence that the risks posed justify 
     the greater amount.
       ``(D) Multiple facilities.--In a case in which a person is 
     responsible for more than one facility subject to this 
     subsection, evidence of financial responsibility need be 
     established only to meet the amount applicable to the 
     facility having the greatest financial responsibility 
     requirement under this subsection.
       ``(E) Guarantee method.--Except with respect of financial 
     responsibility established by the guarantee method, 
     subsection (f) shall not apply with respect to this 
     subsection.''.

     SEC. 419. MANNING AND WATCH REQUIREMENTS ON TOWING VESSELS ON 
                   THE GREAT LAKES.

       (a) Section 8104(c) of title 46, United States Code, is 
     amended--
       (1) by striking ``or permitted''; and
       (2) by inserting after ``day'' the following: ``or 
     permitted to work more than 15 hours in any 24-hour period, 
     or more than 36 hours in any 72-hour period''.
       (b) Section 8104(e) of title 46, United States Code, is 
     amended by striking ``subsections (c) and (d)'' and inserting 
     ``subsection (d)''.
       (c) Section 8104(g) of title 46, United States Code, is 
     amended by striking ``(except a vessel to which subsection 
     (c) of this section applies)''.

     SEC. 420. LIMITATION ON APPLICATION OF CERTAIN LAWS TO LAKE 
                   TEXOMA.

       (a) Limitation.--The laws administered by the Coast Guard 
     relating to documentation or inspection of vessels or 
     licensing or documentation of vessel operators do not apply 
     to any small passenger vessel operating on Lake Texoma.
       (b) Definitions.--In this section:
       (1) The term ``Lake Texoma'' means the impoundment by that 
     name on the Red River, located on the border between Oklahoma 
     and Texas.
       (2) The term ``small passenger vessel'' has the meaning 
     given that term in section 2101 of title 46, United States 
     Code.

     SEC. 421. LIMITATION ON CONSOLIDATION OR RELOCATION OF 
                   HOUSTON AND GALVESTON MARINE SAFETY OFFICES.

       The Secretary of Transportation may not consolidate or 
     relocate the Coast Guard Ma

[[Page 643]]

     rine Safety Offices in Galveston, Texas, and Houston, Texas.

     SEC. 422. 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. 423. 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.--Any conveyance of property 
     pursuant to this section shall be subject to the condition 
     that all right, title, and interest in the Montauk Light 
     Station shall immediately revert to the United States if the 
     Montauk Light Station 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.
       (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) Definitions.--For purposes of this section--
       (1) the term ``Montauk Light Station'' means the Coast 
     Guard light station known as the 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. 424. CONVEYANCE OF CAPE ANN LIGHTHOUSE, THACHERS ISLAND, 
                   MASSACHUSETTS.

       (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 conveyance.

     SEC. 425. AMENDMENTS TO JOHNSON ACT.

       For purposes of section 5(b)(1)(A) of the Act of January 2, 
     1951 (15 U.S.C. 1175(b)(1)(A)), commonly known as the Johnson 
     Act, a vessel on a voyage that begins in the territorial 
     jurisdiction of the State of Indiana and that does not leave 
     the territorial jurisdiction of the State of Indiana shall be 
     considered to be a vessel that is not within the boundaries 
     of any State or possession of the United States.

     SEC. 426. TRANSFER OF COAST GUARD PROPERTY IN GOSNOLD, 
                   MASSACHUSETTS.

       (a) Conveyance Requirement.--The Secretary of 
     Transportation may convey to the town of Gosnold, 
     Massachusetts, 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 ``United States Coast Guard Cuttyhunk 
     Boathouse and Wharf'', as described in subsection (c).
       (b) Conditions.--Any conveyance of property under 
     subsection (a) shall be subject to the condition that the 
     Coast Guard shall retain in perpetuity and at no cost--
       (1) the right of access to, over, and through the 
     boathouse, wharf, and land comprising the property at all 
     times for the purpose of berthing vessels, including vessels 
     belonging to members of the Coast Guard Auxiliary; and
       (2) the right of ingress to and egress from the property 
     for purposes of access to Coast Guard facilities and 
     performance of Coast Guard functions.
       (c) Property Described.--The property referred to in 
     subsection (a) is real property located in the town of 
     Gosnold, Massachusetts (including all buildings, structures, 
     equipment, and other improvements), as determined by the 
     Secretary of Transportation.

     SEC. 427. TRANSFER OF COAST GUARD PROPERTY IN NEW SHOREHAM, 
                   RHODE ISLAND.

       (a) Requirement.--The Secretary of Transportation (or any 
     other official having control over the property described in 
     subsection (b)) shall expeditiously convey to the town of New 
     Shoreham, Rhode Island, without consideration, all right, 
     title, and interest of the United States in and to the 
     property known as the United States Coast Guard Station Block 
     Island, as described in subsection (b), subject to all 
     easements and other interest in the property held by any 
     other person.
       (b) Property Described.--The property referred to in 
     subsection (a) is real property (including buildings and 
     improvements) located on the west side of Block Island, Rhode 
     Island, at the entrance to the Great Salt Pond and referred 
     to in the books of the Tax Assessor of the town of New 
     Shoreham,

[[Page 644]]

     Rhode Island, as lots 10 and 12, comprising approximately 
     10.7 acres.
       (c) Reversionary Interest.--In addition to any term or 
     condition established pursuant to subsection (a), any 
     conveyance of property under 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, ceases to 
     be used by the town of New Shoreham, Rhode Island.
       (d) Indemnification for Preexisting Environmental 
     Liabilities.--Notwithstanding any conveyance of property 
     under this section, after such conveyance the Secretary of 
     Transportation shall indemnify the town of New Shoreham, 
     Rhode Island, for any environmental liability arising from 
     the property, that existed before the date of the conveyance.

     SEC. 428. VESSEL DEEMED TO BE A RECREATIONAL VESSEL.

       The vessel, an approximately 96 meter twin screw motor 
     yacht for which construction commenced in October 1993 (to be 
     named the LIMITLESS), is deemed to be a recreational vessel 
     under chapter 43 of title 46, United States Code.

     SEC. 429. REQUIREMENT FOR PROCUREMENT OF BUOY CHAIN.

       (a) Requirement.--Chapter 5 of title 14, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 96. Procurement of buoy chain

       ``(a) The Coast Guard may not procure buoy chain--
       ``(1) that is not manufactured in the United States; or
       ``(2) substantially all of the components of which are not 
     produced or manufactured in the United States.
       ``(b) For purposes of subsection (a)(2), substantially all 
     of the components of a buoy chain shall be considered to be 
     produced or manufactured in the United States if the 
     aggregate cost of the components thereof which are produced 
     or manufactured in the United States is greater than the 
     aggregate cost of the components thereof which are produced 
     or manufactured outside the United States.
       ``(c) In this section--
       ``(1) the term `buoy chain' means any chain, cable, or 
     other device that is--
       ``(A) used to hold in place, by attachment to the bottom of 
     a body of water, a floating aid to navigation; and
       ``(B) not more than 4 inches in diameter; and
       ``(2) the term `manufacture' includes cutting, heat 
     treating, quality control, welding (including the forging and 
     shot blasting process), and testing.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     5 of title 14, United States Code, is amended by adding at 
     the end the following:

``96. Procurement of buoy chain.''.

     SEC. 430. CRUISE VESSEL TORT REFORM.

       (a) Section 4283 of the Revised Statutes of the United 
     States (46 App. 183), is amended by adding a new subsection 
     (g) to read as follows:
       ``(g) In a suit by any person in which a shipowner, 
     operator, or employer of a crew member is claimed to have 
     direct or vicarious liability for medical malpractice or 
     other tortious conduct occurring at a shoreside facility, or 
     in which the damages sought are alleged to result from the 
     referral to or treatment by any shoreside doctor, hospital, 
     medical facility, or other health care provider, the 
     shipowner, operator, or employer shall be entitled to rely 
     upon any and all statutory limitations of liability 
     applicable to the doctor, hospital, medical facility, or 
     other health care provider in the State in which the 
     shoreside medical care was provided.''.
       (b) Section 4283b of the Revised Statutes of the United 
     States (46 App. 183c) is amended by adding a new subsection 
     to read as follows:
       ``(b) Subsection (a) shall not prohibit provisions or 
     limitations in contracts, agreements, or ticket conditions of 
     carriage with passengers which relieve a manager, agent, 
     master, owner, or operator of a vessel from liability for 
     infliction of emotional distress, mental suffering, or 
     psychological injury so long as such provisions or 
     limitations do not limit liability if the emotional distress, 
     mental suffering, or psychological injury was--
       ``(1) the result of substantial physical injury to the 
     claimant caused by the negligence or fault of the manager, 
     agent, master, owner, or operator;
       ``(2) the result of the claimant having been at actual risk 
     of substantial physical injury, which risk was caused by the 
     negligence or fault of the manager, agent, master, owner, or 
     operator; or
       ``(3) intentionally inflicted by the manager, agent, 
     master, owner, or operator.''.
       (c) Section 20 of chapter 153 of the Act of March 4, 1915 
     (46 App. 688) is amended by adding a new subsection to read 
     as follows:
       ``(c) Limitation for Certain Aliens in Case of Contractual 
     Alternative Forum.--
       ``(1) No action may be maintained under subsection (a) or 
     under any other maritime law of the United States for 
     maintenance and cure or for damages for the injury or death 
     of a person who was not a citizen or permanent legal resident 
     alien of the United States at the time of the incident giving 
     rise to the action, if the incident giving rise to the action 
     occurred while the person was employed on board a vessel 
     documented other than under the laws of the United States, 
     which vessel was owned by an entity organized other than 
     under the laws of the United States or by a person who is not 
     a citizen or permanent legal resident alien.
       ``(2) The provisions of paragraph (1) shall only apply if--
       ``(A) the incident giving rise to the action occurred while 
     the person bringing the action was a party to a contract of 
     employment or was subject to a collective bargaining 
     agreement which, by its terms, provided for an exclusive 
     forum for resolution of all such disputes or actions in a 
     nation other than the United States, a remedy is available to 
     the person under the laws of that nation, and the party 
     seeking to dismiss an action under paragraph (1) is willing 
     to stipulate to jurisdiction under the laws of such nation as 
     to such incident; or
       ``(B) a remedy is available to the person bringing the 
     action under the laws of the nation in which the person 
     maintained citizenship or permanent residency at the time of 
     the incident giving rise to the action and the party seeking 
     to dismiss an action under paragraph (1) is willing to 
     stipulate to jurisdiction under the laws of such nation as to 
     such incident.
       ``(3) The provisions of paragraph (1) of this subsection 
     shall not be interpreted to require a court in the United 
     States to accept jurisdiction of any actions.''.

     SEC. 431. LIMITATION ON FEES AND CHARGES WITH RESPECT TO 
                   FERRIES.

       The Secretary of the department in which the Coast Guard is 
     operating may not assess or collect any fee or charge with 
     respect to a ferry. Notwithstanding any other provision of 
     this Act, the Secretary is authorized to reduce expenditures 
     in an amount equal to the fees or charges which are not 
     collected or assessed as a result of this section.
                 TITLE V--COAST GUARD REGULATORY REFORM

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Coast Guard Regulatory 
     Reform Act of 1995''.

     SEC. 502. 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;

[[Page 645]]

       ``(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 Transportation 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. 503. 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. 504. 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. 505. 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. 506. CERTIFICATE OF INSPECTION.

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

     SEC. 507. 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.''.
                   TITLE VI--DOCUMENTATION OF VESSELS

     SEC. 601. AUTHORITY TO ISSUE COASTWISE ENDORSEMENTS.

       Section 12106 of title 46, United States Code, is further 
     amended by adding at the end the following new subsection:

[[Page 646]]

       ``(g) A coastwise endorsement may be issued for a vessel 
     that--
       ``(1) is less than 200 gross tons;
       ``(2) is eligible for documentation;
       ``(3) was built in the United States; and
       ``(4) was--
       ``(A) sold foreign in whole or in part; or
       ``(B) placed under foreign registry.''.

     SEC. 602. 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 Transportation may issue a certificate of 
     documentation with a coastwise endorsement for each of the 
     following vessels:
       (A) GALLANT LADY (Feadship hull number 645, approximately 
     130 feet in length).
       (B) GALLANT LADY (Feadship hull number 651, approximately 
     172 feet in length).
       (2) Limitation on operation.--Coastwise trade authorized 
     under a certificate of documentation issued for a vessel 
     under this section shall be limited to carriage of passengers 
     in association with contributions to charitable organizations 
     no portion of which is received, directly or indirectly, by 
     the owner of the vessel.
       (3) Condition.--The Secretary may not issue any certificate 
     of documentation under paragraph (1) unless the owner of the 
     vessel referred to in paragraph (1)(A) (in this section 
     referred to as the ``owner''), within 90 days after the date 
     of the enactment of this Act, submits to the Secretary a 
     letter expressing the intent of the owner to enter into a 
     contract before October 1, 1996, for construction in the 
     United States of a passenger vessel of at least 130 feet in 
     length.
       (4) Effective date of certificates.--A certificate of 
     documentation issued under paragraph (1)--
       (A) for the vessel referred to in paragraph (1)(A), shall 
     take effect on the date of issuance of the certificate; and
       (B) for the vessel referred to in paragraph (1)(B), shall 
     take effect on the date of delivery of the vessel to the 
     owner.
       (b) Termination of Effectiveness of Certificates.--A 
     certificate of documentation issued for a vessel under 
     section (a)(1) shall expire--
       (1) on the date of the sale of the vessel by the owner;
       (2) on October 1, 1996, if the owner has not entered into a 
     contract for construction of a vessel in accordance with the 
     letter of intent submitted to the Secretary under subsection 
     (a)(3); and
       (3) on any date on which such a contract is breached, 
     rescinded, or terminated (other than for completion of 
     performance of the contract) by the owner.

     SEC. 603. EXTENSION OF DEADLINE FOR CONVERSION OF VESSEL M/V 
                   TWIN DRILL.

       Section 601(d) of Public Law 103-206 (107 Stat. 2445) is 
     amended--
       (1) in paragraph (3), by striking ``1995'' and inserting 
     ``1996''; and
       (2) in paragraph (4), by striking ``12'' and inserting 
     ``24''.

     SEC. 604. DOCUMENTATION OF VESSEL RAINBOW'S END.

       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, 12107, and 12108 of title 
     46, United States Code, the Secretary of Transportation may 
     issue a certificate of documentation with appropriate 
     endorsements for employment in the coastwise trade, Great 
     Lakes trade, and the fisheries for the vessel RAINBOW'S END 
     (official number 1026899; hull identification number 
     MY13708C787).

     SEC. 605. DOCUMENTATION OF VESSEL GLEAM.

       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 Transportation may issue a certificate 
     of documentation with appropriate endorsement for employment 
     in the coastwise trade for the vessel GLEAM (United States 
     official number 921594).

     SEC. 606. DOCUMENTATION OF 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 each of the 
     vessels listed in subsection (b).
       (b) Vessels Described.--The vessels referred to in 
     subsection (a) are the following:
       (1) ANNAPOLIS (United States official number 999008).
       (2) CHESAPEAKE (United States official number 999010).
       (3) CONSORT (United States official number 999005).
       (4) CURTIS BAY (United States official number 999007).
       (5) HAMPTON ROADS (United States official number 999009).
       (6) JAMESTOWN (United States official number 999006).
       (7) 2 barges owned by Roen Salvage (a corporation organized 
     under the laws of the State of Wisconsin) and numbered by 
     that company as barge 103 and barge 203.
       (8) RATTLESNAKE (Canadian registry official number 802702).
       (9) CAROLYN (Tennessee State registration number TN1765C).
       (10) SMALLEY (6808 Amphibious Dredge, Florida State 
     registration number FL1855FF).
       (11) BEULA LEE (United States official number 928211).
       (12) FINESSE (Florida State official number 7148HA).
       (13) WESTEJORD (Hull Identification Number X-53-109).
       (14) MAGIC CARPET (United States official number 278971).
       (15) AURA (United States official number 1027807).
       (16) ABORIGINAL (United States official number 942118).
       (17) ISABELLE (United States official number 600655).
       (18) 3 barges owned by the Harbor Marine Corporation (a 
     corporation organized under the laws of the State of Rhode 
     Island) and referred to by that company as Harbor 221, Harbor 
     223, and Gene Elizabeth.
       (19) SHAMROCK V (United States official number 900936).
       (20) ENDEAVOUR (United States official number 947869).
       (21) CHRISSY (State of Maine registration number 4778B).
       (22) EAGLE MAR (United States official number 575349).

     SEC. 607. DOCUMENTATION OF 4 BARGES.

       (a) In General.--Notwithstanding section 27 of the Merchant 
     Marine Act, 1920 (46 App. U.S.C. 883), section 1 of the Act 
     of May 28, 1906 (46 App. U.S.C. 292), and section 12106 of 
     title 46, United States Code, the Secretary of Transportation 
     may issue a certificate of documentation with appropriate 
     endorsements for each of the vessels listed in subsection 
     (b).
       (b) Vessels Described.--The vessels referred to in 
     subsection (a) are 4 barges owned by McLean Contracting 
     Company (a corporation organized under the laws of the State 
     of Maryland) and numbered by that company as follows:
       (1) Barge 76 (official number 1030612).
       (2) Barge 77 (official number 1030613).
       (3) Barge 78 (official number 1030614).
       (4) Barge 100 (official number 1030615).

     SEC. 608. LIMITED WAIVER FOR ENCHANTED ISLE AND ENCHANTED 
                   SEAS.

       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), section 12106 of title 46, United States Code, 
     section 506 of the Merchant Marine Act, 1936 (46 App. U.S.C. 
     1156), and any agreement with the United States Government, 
     the Secretary of Transportation may issue a certificate of 
     documentation with a coastwise endorsement for the vessels 
     ENCHANTED ISLE (Panamanian official number 14087-84B) and 
     ENCHANTED SEAS (Panamanian official number 14064-84D), except 
     that the vessels may not operate between or among islands in 
     the State of Hawaii.

     SEC. 609. LIMITED WAIVER FOR MV PLATTE.

       Notwithstanding any other law or any agreement with the 
     United States Government, the vessel MV PLATTE (ex-SPIRIT OF 
     TEXAS) (United States official number 653210) may be sold to 
     a person that is not a citizen of the United States and 
     transferred to or placed under a foreign registry.
             TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS

     SEC. 701. AMENDMENT OF INLAND NAVIGATION RULES.

       Section 2 of the Inland Navigational Rules Act of 1980 is 
     amended--
       (1) by amending Rule 9(e)(i) (33 U.S.C. 2009(e)(i)) to read 
     as follows:
       ``(i) In a narrow channel or fairway when overtaking, the 
     power-driven vessel intending to overtake another power-
     driven vessel shall indicate her intention by sounding the 
     appropriate signal prescribed in Rule 34(c) and take steps to 
     permit safe passing. The power-driven vessel being overtaken, 
     if in agreement, shall sound the same signal and may, if 
     specifically agreed to take steps to permit safe passing. If 
     in doubt she shall sound the danger signal prescribed in Rule 
     34(d).'';
       (2) in Rule 15(b) (33 U.S.C. 2015(b)) by inserting ``power-
     driven'' after ``Secretary, a'';
       (3) in Rule 23(a)(i) (33 U.S.C. 2023(a)(i)) after 
     ``masthead light forward''; by striking ``except that a 
     vessel of less than 20 meters in length need not exhibit this 
     light forward of amidships but shall exhibit it as far 
     forward as is practicable;'';
       (4) by amending Rule 24(f) (33 U.S.C. 2024(f)) to read as 
     follows:
       ``(f) Provided that any number of vessels being towed 
     alongside or pushed in a group shall be lighted as one 
     vessel, except as provided in paragraph (iii)--
       ``(i) a vessel being pushed ahead, not being part of a 
     composite unit, shall exhibit at the forward end, sidelights 
     and a special flashing light;
       ``(ii) a vessel being towed alongside shall exhibit a 
     sternlight and at the forward end, sidelights and a special 
     flashing light; and
       ``(iii) when vessels are towed alongside on both sides of 
     the towing vessels a stern light shall be exhibited on the 
     stern of the outboard vessel on each side of the towing 
     vessel, and a single set of sidelights as far forward and as 
     far outboard as is practicable, and a single special flashing 
     light.'';
       (5) in Rule 26 (33 U.S.C 2026)--
       (A) in each of subsections (b)(i) and (c)(i) by striking 
     ``a vessel of less than 20 meters in length may instead of 
     this shape exhibit a basket;''; and
       (B) by amending subsection (d) to read as follows:
       ``(d) The additional signals described in Annex II to these 
     Rules apply to a vessel en

[[Page 647]]

     gaged in fishing in close proximity to other vessels engaged 
     in fishing.''; and
       (6) by amending Rule 34(h) (33 U.S.C. 2034) to read as 
     follows:
       ``(h) A vessel that reaches agreement with another vessel 
     in a head-on, crossing, or overtaking situation, as for 
     example, by using the radiotelephone as prescribed by the 
     Vessel Bridge-to-Bridge Radiotelephone Act (85 Stat. 164; 33 
     U.S.C. 1201 et seq.), is not obliged to sound the whistle 
     signals prescribed by this rule, but may do so. If agreement 
     is not reached, then whistle signals shall be exchanged in a 
     timely manner and shall prevail.''.

     SEC. 702. MEASUREMENT OF VESSELS.

       Section 14104 of title 46, United States Code, is amended 
     by redesignating the existing text after the section heading 
     as subsection (a) and by adding at the end the following new 
     subsection:
       ``(b) If a statute allows for an alternate tonnage to be 
     prescribed under this section, the Secretary may prescribe it 
     by regulation. The alternate tonnage shall, to the maximum 
     extent possible, be equivalent to the statutorily established 
     tonnage. Until an alternate tonnage is prescribed, the 
     statutorily established tonnage shall apply to vessels 
     measured under chapter 143 or chapter 145 of this title.''.

     SEC. 703. LONGSHORE AND HARBOR WORKERS COMPENSATION.

       Section 3(d)(3)(B) of the Longshore and Harbor Workers' 
     Compensation Act (33 U.S.C. 903(d)(3)(B)) is amended by 
     inserting after ``1,600 tons gross'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''.

     SEC. 704. RADIOTELEPHONE REQUIREMENTS.

       Section 4(a)(2) of the Vessel Bridge-to-Bridge 
     Radiotelephone Act (33 U.S.C. 1203(a)(2)) is amended by 
     inserting after ``one hundred gross tons'' the following ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title,''.

     SEC. 705. VESSEL OPERATING REQUIREMENTS.

       Section 4(a)(3) of the Ports and Waterways Safety Act (33 
     U.S.C. 1223(a)(3)) is amended by inserting after ``300 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 706. MERCHANT MARINE ACT, 1920.

       Section 27A of the Merchant Marine Act, 1920 (46 U.S.C. 
     App. 883-1), is amended by inserting after ``five hundred 
     gross tons'' the following: ``as measured under section 14502 
     of title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title,''.

     SEC. 707. MERCHANT MARINE ACT, 1956.

       Section 2 of the Act of June 14, 1956 (46 U.S.C. App. 
     883a), is amended by inserting after ``five hundred gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 708. MARITIME EDUCATION AND TRAINING.

       Section 1302(4)(A) of the Merchant Marine Act, 1936 (46 
     U.S.C. App. 1295a(4)(a)) is amended by inserting after 
     ``1,000 gross tons or more'' the following: ``as measured 
     under section 14502 of title 46, United States Code, or an 
     alternate tonnage measured under section 14302 of that title 
     as prescribed by the Secretary under section 14104 of that 
     title''.

     SEC. 709. GENERAL DEFINITIONS.

       Section 2101 of title 46, United States Code, is amended--
       (1) in paragraph (13), by inserting after ``15 gross tons'' 
     the following: ``as measured under section 14502 of title 46, 
     United States Code, or an alternate tonnage measured under 
     section 14302 of that title as prescribed by the Secretary 
     under section 14104 of that title'';
       (2) in paragraph (13a), by inserting after ``3,500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (3) in paragraph (19), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (4) in paragraph (22), by inserting after ``100 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (5) in paragraph (30)(A), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (6) in paragraph (32), by inserting after ``100 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (7) in paragraph (33), by inserting after ``300 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (8) in paragraph (35), by inserting after ``100 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''; and
       (9) in paragraph (42), by inserting after ``100 gross 
     tons'' each place it appears, the following: ``as measured 
     under section 14502 of title 46, United States Code, or an 
     alternate tonnage measured under section 14302 of that title 
     as prescribed by the Secretary under section 14104 of that 
     title''.

     SEC. 710. AUTHORITY TO EXEMPT CERTAIN VESSELS.

       Section 2113 of title 46, United States Code, is amended--
       (1) in paragraph (4), by inserting after ``at least 100 
     gross tons but less than 300 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''; and
       (2) in paragraph (5), by inserting after ``at least 100 
     gross tons but less than 500 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''.

     SEC. 711. INSPECTION OF VESSELS.

       Section 3302 of title 46, United States Code, is amended--
       (1) in subsection (c)(1), by inserting after ``5,000 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (2) in subsection (c)(2), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (3) in subsection (c)(3), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (4) in subsection (c)(4)(A), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (5) in subsection (d)(1), by inserting after ``150 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (6) in subsection (i)(1)(A), by inserting after ``300 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''; and
       (7) in subsection (j), by inserting after ``15 gross tons'' 
     the following: ``as measured under section 14502 of title 46, 
     United States Code, or an alternate tonnage measured under 
     section 14302 of that title as prescribed by the Secretary 
     under section 14104 of that title''.

     SEC. 712. REGULATIONS.

       Section 3306 of title 46, United States Code, is amended--
       (1) in subsection (h), by inserting after ``at least 100 
     gross tons but less than 300 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''; and
       (2) in subsection (i), by inserting after ``at least 100 
     gross tons but less than 500 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''.

     SEC. 713. PENALTIES--INSPECTION OF VESSELS.

       Section 3318 of title 46, United States Code, is amended--
       (1) in subsection (a), by inserting after ``100 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''; and
       (2) in subsection (j)(1), by inserting after ``1,600 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 714. APPLICATION--TANK VESSELS.

       Section 3702 of title 46, United States Code, is amended--
       (1) in subsection (b)(1), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured

[[Page 648]]

     under section 14302 of that title as prescribed by the 
     Secretary under section 14104 of that title'';
       (2) in subsection (c), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''; and
       (3) in subsection (d), by inserting after ``5,000 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 715. TANK VESSEL CONSTRUCTION STANDARDS.

       Section 3703a of title 46, United States Code, is amended--
       (1) in subsection (b)(2), by inserting after ``5,000 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (2) in subsection (c)(2), by inserting after ``5,000 gross 
     tons'' each place it appears the following: ``as measured 
     under section 14502 of title 46, United States Code, or an 
     alternate tonnage measured under section 14302 of that title 
     as prescribed by the Secretary under section 14104 of that 
     title'';
       (3) in subsection (c)(3)(A), by inserting after ``15,000 
     gross tons'' the following: ``as measured under section 14502 
     of title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (4) in subsection (c)(3)(B), by inserting after ``30,000 
     gross tons'' the following: ``as measured under section 14502 
     of title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''; and
       (5) in subsection (c)(3)(C), by inserting after ``30,000 
     gross tons'' the following: ``as measured under section 14502 
     of title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 716. TANKER MINIMUM STANDARDS.

       Section 3707 of title 46, United States Code, is amended--
       (1) in subsection (a), by inserting after ``10,000 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''; and
       (2) in subsection (b), by inserting after ``10,000 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 717. SELF-PROPELLED TANK VESSEL MINIMUM STANDARDS.

       Section 3708 of title 46, United States Code, is amended by 
     inserting after ``10,000 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''.

     SEC. 718. DEFINITION--ABANDONMENT OF BARGES.

       Section 4701(1) of title 46, United States Code, is amended 
     by inserting after ``100 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''.

     SEC. 719. APPLICATION--LOAD LINES.

       Section 5102(b) of title 46, United States Code, is 
     amended--
       (1) in paragraph (4), by inserting after ``5,000 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (2) in paragraph (5), by inserting after ``500 gross tons'' 
     the following: ``as measured under section 14502 of title 46, 
     United States Code, or an alternate tonnage measured under 
     section 14302 of that title as prescribed by the Secretary 
     under section 14104 of that title''; and
       (3) in paragraph (10), by inserting after ``150 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 720. LICENSING OF INDIVIDUALS.

       Section 7101(e)(3) of title 46, United States Code, is 
     amended by inserting after ``1,600 gross tons'' the 
     following: ``as measured under section 14502 of title 46, 
     United States Code, or an alternate tonnage measured under 
     section 14302 of that title as prescribed by the Secretary 
     under section 14104 of that title''.

     SEC. 721. ABLE SEAMEN--LIMITED.

       Section 7308 of title 46, United States Code, is amended by 
     inserting after ``100 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''.

     SEC. 722. ABLE SEAMEN--OFFSHORE SUPPLY VESSELS.

       Section 7310 of title 46, United States Code, is amended by 
     inserting after ``500 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''.

     SEC. 723. SCALE OF EMPLOYMENT--ABLE SEAMEN.

       Section 7312 of title 46, United States Code, is amended--
       (1) in subsection (b), by inserting after ``1,600 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (2) in subsection (c)(1), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (3) in subsection (d), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (4) in subsection (f)(1), by inserting after ``5,000 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''; and
       (5) in subsection (f)(2), by inserting after ``5,000 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 724. GENERAL REQUIREMENTS--ENGINE DEPARTMENT.

       Section 7313(a) of title 46, United States Code, is amended 
     by inserting after ``100 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''.

     SEC. 725. COMPLEMENT OF INSPECTED VESSELS.

       Section 8101(h) of title 46, United States Code, is amended 
     by inserting after ``100 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''.

     SEC. 726. WATCHMEN.

       Section 8102(b) of title 46, United States Code, is amended 
     by inserting after ``100 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''.

     SEC. 727. CITIZENSHIP AND NAVAL RESERVE REQUIREMENTS.

       Section 8103(b)(3)(A) of title 46, United States Code, is 
     amended by inserting after ``1,600 gross tons'' the 
     following: ``as measured under section 14502 of title 46, 
     United States Code, or an alternate tonnage measured under 
     section 14302 of that title as prescribed by the Secretary 
     under section 14104 of that title''.

     SEC. 728. WATCHES.

       Section 8104 of title 46, United States Code, is amended--
       (1) in subsection (b), by inserting after ``100 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (2) in subsection (d), by inserting after ``100 gross 
     tons'' and after ``5,000 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title'';
       (3) in subsection (l)(1), by inserting after ``1,600 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (4) in subsection (m)(1), by inserting after ``1,600 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (5) in subsection (o)(1), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''; and
       (6) in subsection (o)(2), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

[[Page 649]]

     SEC. 729. MINIMUM NUMBER OF LICENSED INDIVIDUALS.

       Section 8301 of title 46, United States Code, is amended--
       (1) in subsection (a)(2), by inserting after ``1,000 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (2) in subsection (a)(3), by inserting after ``at least 200 
     gross tons but less than 1,000 gross tons'' the following: 
     ``as measured under section 14502 of title 46, United States 
     Code, or an alternate tonnage measured under section 14302 of 
     that title as prescribed by the Secretary under section 14104 
     of that title'';
       (3) in subsection (a)(4), by inserting after ``at least 100 
     gross tons but less than 200 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title'';
       (4) in subsection (a)(5), by inserting after ``300 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''; and
       (5) in subsection (b), by inserting after ``200 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 730. OFFICERS' COMPETENCY CERTIFICATES CONVENTION.

       Section 8304(b)(4) of title 46, United States Code, is 
     amended by inserting after ``200 gross tons'' the following: 
     ``as measured under section 14502 of title 46, United States 
     Code, or an alternate tonnage measured under section 14302 of 
     that title as prescribed by the Secretary under section 14104 
     of that title''.

     SEC. 731. MERCHANT MARINERS' DOCUMENTS REQUIRED.

       Section 8701 of title 46, United States Code, is amended--
       (1) in subsection (a), by inserting after ``100 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''; and
       (2) in subsection (a)(6), by inserting after ``1,600 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 732. CERTAIN CREW REQUIREMENTS.

       Section 8702 of title 46, United States Code, is amended--
       (1) in subsection (a), by inserting after ``100 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''; and
       (2) in subsection (a)(6), by inserting after ``1,600 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 733. FREIGHT VESSELS.

       Section 8901 of title 46, United States Code, is amended by 
     inserting after ``100 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''.

     SEC. 734. EXEMPTIONS.

       Section 8905(b) of title 46, United States Code, is amended 
     by inserting after ``200 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''.

     SEC. 735. UNITED STATES REGISTERED PILOT SERVICE.

       Section 9303(a)(2) of title 46, United States Code, is 
     amended by inserting after ``4,000 gross tons'' the 
     following: ``as measured under section 14502 of title 46, 
     United States Code, or an alternate tonnage measured under 
     section 14302 of that title as prescribed by the Secretary 
     under section 14104 of that title''.

     SEC. 736. DEFINITIONS--MERCHANT SEAMEN PROTECTION.

       Section 10101(4)(B) of title 46, United States Code, is 
     amended by inserting after ``1,600 gross tons'' the 
     following: ``as measured under section 14502 of title 46, 
     United States Code, or an alternate tonnage measured under 
     section 14302 of that title as prescribed by the Secretary 
     under section 14104 of that title''.

     SEC. 737. APPLICATION--FOREIGN AND INTERCOASTAL VOYAGES.

       Section 10301(a)(2) of title 46, United States Code, is 
     amended by inserting after ``75 gross tons'' the following: 
     ``as measured under section 14502 of title 46, United States 
     Code, or an alternate tonnage measured under section 14302 of 
     that title as prescribed by the Secretary under section 14104 
     of that title''.

     SEC. 738. APPLICATION--COASTWISE VOYAGES.

       Section 10501(a) of title 46, United States Code, is 
     amended by inserting after ``50 gross tons'' the following: 
     ``as measured under section 14502 of title 46, United States 
     Code, or an alternate tonnage measured under section 14302 of 
     that title as prescribed by the Secretary under section 14104 
     of that title''.

     SEC. 739. FISHING AGREEMENTS.

       Section 10601(a)(1) of title 46, United States Code, is 
     amended by inserting after ``20 gross tons'' the following: 
     ``as measured under section 14502 of title 46, United States 
     Code, or an alternate tonnage measured under section 14302 of 
     that title as prescribed by the Secretary under section 14104 
     of that title''.

     SEC. 740. ACCOMMODATIONS FOR SEAMEN.

       Section 11101(a) of title 46, United States Code, is 
     amended by inserting after ``100 gross tons'' the following: 
     ``as measured under section 14502 of title 46, United States 
     Code, or an alternate tonnage measured under section 14302 of 
     that title as prescribed by the Secretary under section 14104 
     of that title''.

     SEC. 741. MEDICINE CHESTS.

       Section 11102(a) of title 46, United States Code, is 
     amended by inserting after ``75 gross tons'' the following: 
     ``as measured under section 14502 of title 46, United States 
     Code, or an alternate tonnage measured under section 14302 of 
     that title as prescribed by the Secretary under section 14104 
     of that title''.

     SEC. 742. LOGBOOK AND ENTRY REQUIREMENTS.

       Section 11301(a)(2) of title 46, United States Code, is 
     amended by inserting after ``100 gross tons'' the following: 
     ``as measured under section 14502 of title 46, United States 
     Code, or an alternate tonnage measured under section 14302 of 
     that title as prescribed by the Secretary under section 14104 
     of that title''.

     SEC. 743. COASTWISE ENDORSEMENTS.

       Section 12106(c)(1) of title 46, United States Code, is 
     amended by striking ``two hundred gross tons'' and inserting 
     ``200 gross tons as measured under section 14502 of title 46, 
     United States Code, or an alternate tonnage measured under 
     section 14302 of that title as prescribed by the Secretary 
     under section 14104 of that title''.

     SEC. 744. FISHERY ENDORSEMENTS.

       Section 12108(c)(1) of title 46, United States Code, is 
     amended by striking ``two hundred gross tons'' and inserting 
     ``200 gross tons as measured under section 14502 of title 46, 
     United States Code, or an alternate tonnage measured under 
     section 14302 of that title as prescribed by the Secretary 
     under section 14104 of that title''.

     SEC. 745. 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. 746. 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) is amended--
       (A) by striking ``coastwise, Great Lakes endorsement'' and 
     all that follows through ``foreign ports,'' and inserting 
     ``registry endorsement, engaged in foreign trade on the Great 
     Lakes or their tributary or connecting waters in trade with 
     Canada,''; and
       (B) by striking ``, as if from or to foreign ports''.

     SEC. 747. CONVENTION TONNAGE FOR LICENSES, CERTIFICATES, AND 
                   DOCUMENTS.

       (a) Authority To Use Convention Tonnage.--Chapter 75 of 
     title 46, United States Code, is amended by adding at the end 
     the following:

     ``Sec. 7506. Convention tonnage for licenses, certificates, 
       and documents

       ``Notwithstanding any provision of section 14302(c) or 
     14305 of this title, the Secretary may--
       ``(1) evaluate the service of an individual who is applying 
     for a license, a certificate of registry, or a merchant 
     mariner's document by using the tonnage as measured under 
     chapter 143 of this title for the vessels on which that 
     service was acquired, and
       ``(2) issue the license, certificate, or document based on 
     that service.''.
       (b) Clerical Amendment.--The analysis to chapter 75 of 
     title 46, United States Code, is amended by adding a new item 
     as follows:

``7506. Convention tonnage for licenses, certificates, and 
              documents.''.
              TITLE VIII--COAST GUARD AUXILIARY AMENDMENTS

     SEC. 801. ADMINISTRATION OF THE COAST GUARD AUXILIARY.

       (a) In General.--Section 821 of title 14, United States 
     Code, is amended to read as follows:

     ``Sec. 821. Administration of the Coast Guard Auxiliary

       ``(a) The Coast Guard Auxiliary is a nonmilitary 
     organization administered by the Commandant under the 
     direction of the Secretary. For command, control, and 
     administrative purposes, the Auxiliary shall include

[[Page 650]]

     such organizational elements and units as are approved by the 
     Commandant, including but not limited to, a national board 
     and staff (to be known as the `Auxiliary headquarters unit'), 
     districts, regions, divisions, flotillas, and other 
     organizational elements and units. The Auxiliary organization 
     and its officers shall have such rights, privileges, powers, 
     and duties as may be granted to them by the Commandant, 
     consistent with this title and other applicable provisions of 
     law. The Commandant may delegate to officers of the Auxiliary 
     the authority vested in the Commandant by this section, in 
     the manner and to the extent the Commandant considers 
     necessary or appropriate for the functioning, organization, 
     and internal administration of the Auxiliary.
       ``(b) Each organizational element or unit of the Coast 
     Guard Auxiliary organization (but excluding any corporation 
     formed by an organizational element or unit of the Auxiliary 
     under subsection (c) of this section), shall, except when 
     acting outside the scope of section 822, at all times be 
     deemed to be an instrumentality of the United States, for 
     purposes of--
       ``(1) chapter 26 of title 28 (popularly known as the 
     Federal Tort Claims Act);
       ``(2) section 2733 of title 10 (popularly known as the 
     Military Claims Act);
       ``(3) the Act of March 3, 1925 (46 App. U.S.C. 781-790; 
     popularly known as the Public Vessels Act);
       ``(4) the Act of March 9, 1920 (46 App. U.S.C. 741-752; 
     popularly known as the Suits in Admiralty Act);
       ``(5) the Act of June 19, 1948 (46 App. U.S.C. 740; 
     popularly known as the Admiralty Extension Act); and
       ``(6) other matters related to noncontractual civil 
     liability.
       ``(c) The national board of the Auxiliary, and any 
     Auxiliary district or region, may form a corporation under 
     State law in accordance with policies established by the 
     Commandant.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 23 of title 14, United States Code, is 
     amended by striking the item relating to section 821, and 
     inserting the following:

``821. Administration of the Coast Guard Auxiliary.''.

     SEC. 802. PURPOSE OF THE COAST GUARD AUXILIARY.

       (a) In General.--Section 822 of title 14, United States 
     Code, is amended to read as follows:

     ``Sec. 822. Purpose of the Coast Guard Auxiliary

       ``The purpose of the Auxiliary is to assist the Coast Guard 
     as authorized by the Commandant, in performing any Coast 
     Guard function, power, duty, role, mission, or operation 
     authorized by law.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 23 of title 14, United States Code, is 
     amended by striking the item relating to section 822 and 
     inserting the following:

``822. Purpose of the Coast Guard Auxiliary.''.

     SEC. 803. MEMBERS OF THE AUXILIARY; STATUS.

       (a) In General.--Section 823 of title 14, United States 
     Code, is amended--
       (1) in the heading by adding ``, and status'' after 
     ``enrollments'';
       (2) by inserting ``(a)'' before ``The Auxiliary''; and
       (3) by adding at the end the following new subsections:
       ``(b) A member of the Coast Guard Auxiliary is not a 
     Federal employee except for the following purposes:
       ``(1) Chapter 26 of title 28 (popularly known as the 
     Federal Tort Claims Act).
       ``(2) Section 2733 of title 10 (popularly known as the 
     Military Claims Act).
       ``(3) The Act of March 3, 1925 (46 App. U.S.C. 781-790; 
     popularly known as the Public Vessel Act).
       ``(4) The Act of March 9, 1920 (46 App. U.S.C. 741-752; 
     popularly known as the Suits in Admiralty Act).
       ``(5) The Act of June 19, 1948 (46 App. U.S.C. 740; 
     popularly known as the Admiralty Extension Act).
       ``(6) Other matters related to noncontractual civil 
     liability.
       ``(7) Compensation for work injuries under chapter 81 of 
     title 5.
       ``(8) The resolution of claims relating to damage to or 
     loss of personal property of the member incident to service 
     under section 3721 of title 31 (popularly known as the 
     Military Personnel and Civilian Employees' Claims Act of 
     1964).
       ``(c) A member of the Auxiliary, while assigned to duty, 
     shall be deemed to be a person acting under an officer of the 
     United States or an agency thereof for purposes of section 
     1442(a)(1) of title 28.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 23 of title 14, United States Code, is 
     amended by striking the item relating to section 823 and 
     inserting the following:

``823. Eligibility, enrollments, and status.''.

     SEC. 804. ASSIGNMENT AND PERFORMANCE OF DUTIES.

       (a) Travel and Subsistence Expense.--Section 830(a) of 
     title 14, United States Code, is amended by striking 
     ``specific''.
       (b) Assignment of General Duties.--Section 831 of title 14, 
     United States Code, is amended by striking ``specific'' each 
     place it appears.
       (c) Benefits for Injury or Death.--Section 832 of title 14, 
     United States Code, is amended by striking ``specific'' each 
     place it appears.

     SEC. 805. COOPERATION WITH OTHER AGENCIES, STATES, 
                   TERRITORIES, AND POLITICAL SUBDIVISIONS.

       (a) In General.--Section 141 of title 14, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 141. Cooperation with other agencies, States, 
       territories, and political subdivisions'';

       (2) in the first sentence of subsection (a), by inserting 
     after ``personnel and facilities'' the following: 
     ``(including members of the Auxiliary and facilities governed 
     under chapter 23)''; and
       (3) by adding at the end of subsection (a) the following 
     new sentence: ``The Commandant may prescribe conditions, 
     including reimbursement, under which personnel and facilities 
     may be provided under this subsection.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 7 of title 14, United States Code, is 
     amended by striking the item relating to section 141 and 
     inserting the following:

``141. Cooperation with other agencies, States, territories, and 
              political subdivisions.''.

     SEC. 806. VESSEL DEEMED PUBLIC VESSEL.

       Section 827 of title 14, United States Code, is amended to 
     read as follows:

     ``Sec. 827. Vessel deemed public vessel

       ``While assigned to authorized Coast Guard duty, any 
     motorboat or yacht shall be deemed to be a public vessel of 
     the United States and a vessel of the Coast Guard within the 
     meaning of sections 646 and 647 of this title and other 
     applicable provisions of law.''.

     SEC. 807. AIRCRAFT DEEMED PUBLIC AIRCRAFT.

       Section 828 of title 14, United States Code, is amended to 
     read as follows:

     ``Sec. 828. Aircraft deemed public aircraft

       ``While assigned to authorized Coast Guard duty, any 
     aircraft shall be deemed to be a Coast Guard aircraft, a 
     public vessel of the United States, and a vessel of the Coast 
     Guard within the meaning of sections 646 and 647 of this 
     title and other applicable provisions of law. Subject to the 
     provisions of sections 823a and 831 of this title, while 
     assigned to duty, qualified Auxiliary pilots shall be deemed 
     to be Coast Guard pilots.''.

     SEC. 808. DISPOSAL OF CERTAIN MATERIAL.

       Section 641(a) of title 14, United States Code, is 
     amended--
       (1) by inserting after ``with or without charge,'' the 
     following: ``to the Coast Guard Auxiliary, including any 
     incorporated unit thereof,''; and
       (2) by striking ``to any incorporated unit of the Coast 
     Guard Auxiliary,''.

  The bill, as amended, was ordered to be engrossed and read a third 
time, was read a third time by title.
  The question being put, viva voce,
  Will the House pass said bill?
  The SPEAKER pro tempore, Mr. LaTOURETTE, announced that the yeas had 
it.
  Mr. COBLE objected to the vote on the ground that a quorum was not 
present and not voting.
  A quorum not being present,
  The roll was called under clause 4, rule XV, and the call was taken by 
electronic device.

Yeas

406

When there appeared

Nays

12
```