II

103D CONGRESS

1ST SESSION S. 1052

To authorize appropriations for fiscal years 1994 and 1995 for the Coast

Guard, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 27 (legislative day, APRIL 19), 1993

Mr. HOLLINGS (for himself, Mr. STEVENS, and Mr. KERRY) introduced the

following bill; which was read twice and referred to the Committee on

Commerce, Science, and Transportation

A BILL

To authorize appropriations for fiscal years 1994 and 1995

for the Coast Guard, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Coast Guard Author5 ization Act of 1993’’.

6 TITLE I—AUTHORIZATIONS

7 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

8 (a) FISCAL YEAR 1994.—Funds are authorized to be

9 appropriated for necessary expenses of the Coast Guard

10 for fiscal year 1994, as follows:
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1 (1) For the operation and maintenance of the

2 Coast Guard, $2,609,747,000, of which—

3 (A) $25,000,000 shall be derived from the

4 Oil Spill Liability Trust Fund; and

5 (B) $32,250,000 shall be expended from

6 the Boat Safety Account.

7 (2) For the acquisition, construction, rebuild8 ing, and improvement of aids to navigation, shore

9 and offshore facilities, vessels, and aircraft, includ10 ing equipment related thereto, $414,000,000, to re11 main available until expended, of which $20,000,000

12 shall be derived from the Oil Spill Liability Trust

13 Fund.

14 (3) For research, development, test, and evalua15 tion, $25,000,000, to remain available until ex16 pended, of which $4,457,000 shall be derived from

17 the Oil Spill Liability Trust Fund.

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

19 obligations otherwise chargeable to lapsed appropria20 tions for this purpose), payments under the Retired

21 Serviceman’s Family Protection and Survivor Bene22 fit Plans, and payments for medical care of retired

23 personnel and their dependents under chapter 55 of

24 title 10, United States Code, $548,774,000, to re25 main available until expended.
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1 (5) For alteration or removal of bridges over

2 navigable waters of the United States constituting

3 obstructions to navigation, and for personnel and

4 administrative costs associated with the Bridge Al5 teration Program, $12,940,000, to remain available

6 until expended.

7 (6) For environmental compliance and restora8 tion at Coast Guard facilities, $23,057,000, to re9 main available until expended.

10 (b) FISCAL YEAR 1995.—Funds are authorized to be

11 appropriated for necessary expenses of the Coast Guard

12 for fiscal year 1995, as follows:

13 (1) For the operation and maintenance of the

14 Coast Guard, $2,711,762,000, of which—

15 (A) $26,000,000 shall be derived from the

16 Oil Spill Liability Trust Fund; and

17 (B) $33,500,000 shall be expended from

18 the Boat Safety Account.

19 (2) For the acquisition, construction, rebuild20 ing, and improvement of aids to navigation, shore

21 and offshore facilities, vessels, and aircraft, includ22 ing equipment related thereto, $596,000,000, to re23 main available until expended, of which $20,500,000

24 shall be derived from the Oil Spill Liability Trust

25 Fund.
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1 (3) For research, development, test, and evalua2 tion, $25,750,000, to remain available until ex3 pended, of which $4,600,000 shall be derived from

4 the Oil Spill Liability Trust Fund.

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

6 obligations otherwise chargeable to lapsed appropria7 tions for this purpose), payments under the Retired

8 Serviceman’s Family Protection and Survivor Bene9 fit Plans, and payments for medical care of retired

10 personnel and their dependents under chapter 55 of

11 title 10, United States Code, $579,500,000, to re12 main available until expended.

13 (5) For alteration or removal of bridges over

14 navigable waters of the United States constituting

15 obstructions to navigation, and for personnel and

16 administrative costs associated with the Bridge Al17 teration Program, $13,289,000 to remain available

18 until expended.

19 (6) For environmental compliance and restora20 tion at Coast Guard Facilities, $23,749,000, to re21 main available until expended.

22 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

23 AND MILITARY TRAINING.

24 (a) AUTHORIZED MILITARY STRENGTH LEVEL.—

25 The Coast Guard is authorized an end-of-year strength for
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1 active duty personnel of 39,138 as of September 30, 1994

2 (of which not more than 6,400 shall be commissioned offi3 cers), and 39,138 as of September 30, 1995 (of which not

4 more than 6,400 shall be commissioned officers). The au5 thorized strength does not include members of the Ready

6 Reserve called to active duty for special or emergency aug7 mentation of regular Coast Guard forces for periods of

8 one hundred and eighty days or less.

9 (b) AUTHORIZED LEVEL OF MILITARY TRAINING.—

10 The Coast Guard is authorized average military training

11 student loads as follows:

12 (1) For recruit and special training, one thou13 sand nine hundred and eighty-six student years for

14 fiscal year 1994 and one thousand nine hundred and

15 eighty-six student years for fiscal year 1995.

16 (2) For flight training, one hundred and four17 teen student years for fiscal year 1994 and one hun18 dred and fourteen student years for fiscal year 1995.

19 (3) For professional training in military and ci20 vilian institutions, three hundred and thirty-eight

21 student years for fiscal year 1994 and three hundred

22 and thirty-eight student years for fiscal year 1995.

23 (4) For officer acquisition, nine hundred and

24 fifty-five student years for fiscal year 1994 and nine
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1 hundred and fifty-five student years for fiscal year

2 1995.

3 TITLE II—PERSONNEL MANAGEMENT

4 IMPROVEMENT

5 SEC. 201. ELIMINATION OF PERMANENT CEILING ON NUM6 BER OF COMMISSIONED OFFICERS.

7 (a) ELIMINATION OF CEILING.—Section 42 of title

8 14, United States Code, is amended by striking subsection

9 (a), and by redesignating subsections (b) through (e) as

10 subsections (a) through (d), respectively.

11 (b) CONFORMING AMENDMENTS.—(1) Section 42(d)

12 of title 14, United States Code, as redesignated by sub13 section (a) of this section, is amended by striking ‘‘sub14 section (c)’’ and inserting in lieu thereof ‘‘subsection (b)’’.

15 (2) The section heading for section 42 of title 14,

16 United States Code, is amended by striking ‘‘Number

17 and distribution’’ and inserting in lieu thereof ‘‘Dis18 tribution’’.

19 (3) In the analysis for chapter 3 of title 14, United

20 States Code, the item relating to section 42 is amended

21 by striking ‘‘Number and distribution’’ and inserting in

22 lieu thereof ‘‘Distribution’’.

23 SEC. 202. INCREASED GRADE FOR CHIEF OF STAFF.

24 (a) AUTHORITY FOR GRADE OF VICE ADMIRAL.—(1)

25 Chapter 3 of title 14, United States Code, is amended by
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1 inserting immediately after section 50 the following new

2 section:

3 ‘‘§ 50a. Chief of Staff

4 ‘‘(a) The President may appoint, by and with the ad5 vice and consent of the Senate, a Chief of Staff of the

6 Coast Guard who shall rank next after the area command7 ers and who shall perform such duties as the Commandant

8 may prescribe. The Chief of Staff shall be appointed from

9 the officers on the active duty promotion list serving above

10 the grade of captain. The Commandant shall make rec11 ommendations for such appointment.

12 ‘‘(b) The Chief of Staff shall, while so serving, have

13 the grade of vice admiral with the pay and allowances of

14 that grade. The appointment and grade of the Chief of

15 Staff shall be effective on the date the officer assumes that

16 duty, and shall terminate on the date the officer is de17 tached from that duty, except as provided in section 51(d)

18 of this title.’’.

19 (2) The analysis for chapter 3 of title 14, United

20 States Code, is amended by inserting immediately after

21 the item relating to section 50 the following new item:

‘‘50a. Chief of Staff.’’.

22 (b) ELIMINATION OF UNNECESSARY SENIORITY EX23 CEPTION.—Section 41a(b) of title 14, United States Code,

24 is amended by striking ‘‘, except that the rear admiral
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1 serving as Chief of Staff shall be the senior rear admiral

2 for all purposes other than pay’’.

3 (c) CLERICAL AMENDMENTS.—Section 41a of title

4 14, United States Code, is amended—

5 (1) in subsection (c), by striking ‘‘his’’ and in6 serting in lieu thereof ‘‘that person’s’’; and

7 (2) in subsection (d), by striking ‘‘he’’ and in8 serting in lieu thereof ‘‘that officer’’, and by striking

9 ‘‘his’’ and inserting in lieu thereof ‘‘that officer’s’’.

10 SEC. 203. CONTINUITY OF GRADE OF ADMIRALS AND VICE

11 ADMIRALS.

12 (a) RETIREMENT.—(1) Section 51 of title 14, United

13 States Code, is amended by adding at the end the follow14 ing new subsection:

15 ‘‘(d) An officer serving in the grade of admiral or vice

16 admiral shall continue to hold that grade—

17 ‘‘(1) while being processed for physical disabil18 ity retirement, beginning on the day of the process19 ing and ending on the day that officer is retired, but

20 not for more than one hundred and eighty days; and

21 ‘‘(2) while awaiting retirement, beginning on

22 the day that officer is relieved from the position of

23 Commandant, Vice Commandant, Area Commander,

24 or Chief of Staff and ending on the day before the
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1 officer’s retirement, but not for more than sixty

2 days.’’.

3 (2) Section 51 of title 14, United States Code, is fur4 ther amended—

5 (1) in subsections (a) and (b), by striking ‘‘as

6 Commander, Atlantic Area, or Commander, Pacific

7 Area’’ each place it appears and inserting in lieu

8 thereof ‘‘in the grade of vice admiral’’; and

9 (2) in subsection (c), by striking ‘‘his’’ and in10 serting in lieu thereof ‘‘that officer’s’’.

11 (b) ELIMINATION OF UNNECESSARY PROVISION FOR

12 CHIEF OF STAFF.—Section 290 of title 14, United States

13 Code, is amended—

14 (1) in subsection (a), by striking ‘‘or in the po15 sition of Chief of Staff’’ in the second sentence; and

16 (2) in subsection (f), by striking ‘‘Chief of Staff

17 or’’ each place it appears.

18 (c) CONFORMING AMENDMENT RELATING TO RE19 TIREMENT OF COMMANDANT.—Section 46(a) of title 14,

20 United States Code, is amended by striking ‘‘shall, at the

21 expiration of his term, be retired with the grade of admi22 ral.’’ and inserting in lieu thereof ‘‘shall be retired with

23 the grade of admiral at the expiration of the appointed

24 term, except as provided in section 51(d) of this title.’’.
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1 (d) CONFORMING AMENDMENTS RELATING TO RE2 TIREMENT OF VICE COMMANDANT.—(1) Section 47 of

3 title 14, United States Code, is amended—

4 (A) by striking subsections (b), (c), and (d);

5 and

6 (B) in subsection (a)—

7 (i) by striking ‘‘(a)’’ at the beginning; and

8 (ii) by striking the last sentence and in9 serting in lieu thereof ‘‘The appointment and

10 grade of a Vice Commandant shall be effective

11 on the date the officer assumes that duty, and

12 shall terminate on the date the officer is de13 tached from that duty, except as provided in

14 section 51(d) of this title.’’.

15 (2) The section heading for section 47 of title 47,

16 United States Code, is amended by striking ‘‘; retire17 ment’’.

18 (3) The item relating to section 47 in the analysis

19 for chapter 3 of title 14, United States Code, is amended

20 by striking ‘‘; retirement’’.

21 (e) CONFORMING AMENDMENTS RELATING TO AREA

22 COMMANDERS.—Section 50 of title 14, United States

23 Code, is amended—

24 (1) in subsection (a) by striking ‘‘his’’ and in25 serting in lieu thereof ‘‘that area commander’s’’; and
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1 (2) in subsection (b) by striking the last sen2 tence and inserting in lieu thereof ‘‘The appointment

3 and grade of an area commander shall be effective

4 on the date the officer assumes that duty, and shall

5 terminate on the date the officer is detached from

6 that duty, except as provided in section 51(d) of this

7 title.’’.

8 SEC. 204. VOLUNTEER SERVICES.

9 Section 93 of title 14, United States Code, is amend10 ed—

11 (1) by striking ‘‘and’’ at the end of subsection

12 (r);

13 (2) by striking the period at the end of sub14 section (s) and inserting in lieu thereof ‘‘; and’’; and

15 (3) by adding at the end the following new sub16 section:

17 ‘‘(t) enter into cooperative agreements with

18 States, local governments, nongovernmental organi19 zations, and individuals, and accept and utilize vol20 untary services, notwithstanding section 1342 of

21 title 31, United States Code, to provide for the

22 maintenance and improvement of natural and his23 toric resources on, or to benefit natural and historic

24 research on, Coast Guard facilities, subject to the re25 quirement that—
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1 ‘‘(1) a person providing voluntary services

2 under this subsection shall not be considered a

3 Federal employee except for purposes of chap4 ter 81 of title 5, United States Code, with re5 spect to compensation for work-related injuries,

6 and chapter 171 of title 28, United States

7 Code, with respect to tort claims; and

8 ‘‘(2) a cooperative agreement under this

9 subsection shall provide for the Commandant

10 and the other party or parties to the agreement

11 to—

12 ‘‘(A) contribute funds on a matching

13 basis to defray the cost of programs,

14 projects, and activities under the agree15 ment; or

16 ‘‘(B) furnish services on a matching

17 basis to carry out such programs, projects,

18 and activities; or

19 ‘‘(C) both contribute funds as de20 scribed in subparagraph (A) and furnish

21 services as described in subparagraph

22 (B).’’.

23 SEC. 205. RESERVE RETENTION BOARDS.

24 Section 741(a) of title 14, United States Code, is

25 amended by striking ‘‘and are not on active duty and not
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1 on an approved list of selectees for promotion to the next

2 higher grade’’ and inserting in lieu thereof ‘‘except those

3 officers who are on extended active duty, are on a list of

4 selectees for promotion, will complete 30 years’ total com5 missioned service by 30 June next following the date on

6 which the retention board is convened, or have reached

7 age 59 by the date on which the retention board is con8 vened’’.

9 TITLE III—NAVIGATION SAFETY AND

10 WATERWAY SERVICE MANAGEMENT

11 SEC. 301. NORTH ATLANTIC ROUTES.

12 Sections 3 and 5 of the Act of June 25, 1936 (46

13 U.S.C. App. 738b and 738d), are repealed.

14 SEC. 302. TECHNICAL AMENDMENT FOR BOAT SAFETY AC15 COUNT.

16 Section 9503(c)(4)(A)(ii) of the Internal Revenue

17 Code of 1986 (26 U.S.C. 9503(c)(4)(A)(ii)) is amended—

18 (1) by striking ‘‘No’’ at the beginning of

19 subclause (II) and inserting in lieu thereof ‘‘Subject

20 to subclause (III), no’’; and

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

22 subclause:

23 ‘‘(III) CALCULATION OF AMOUNT

24 IN ACCOUNT.—Amounts previously

25 appropriated from the Aquatic Re-
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1 sources Trust Fund for carrying out

2 the purposes of section 13106 of title

3 46, United States Code, but not dis4 tributed, shall not be included when

5 calculating whether the Boat Safety

6 Account exceeds the limit established

7 in subclause (II).’’.

8 SEC. 303. UNMANNED SEAGOING BARGES.

9 Section 3302 of title 46, United States Code, is

10 amended by adding at the end the following new sub11 section:

12 ‘‘(m) A seagoing barge is not subject to inspection

13 under section 3301 of this title if the vessel is—

14 ‘‘(1) unmanned; and

15 ‘‘(2) does not carry oil in bulk or a reportable

16 or harmful quantity of a hazardous material.’’.

17 TITLE IV—ENGINEERING AND

18 DEVELOPMENT AMENDMENTS

19 SEC. 401. COAST GUARD FAMILY HOUSING.

20 (a) IN GENERAL.—Chapter 17 of title 14, United

21 States Code, is amended by adding at the end the follow22 ing new section:

23 ‘‘§ 670. Procurement authority for family housing

24 ‘‘(a) The Coast Guard, on behalf of the United

25 States, is authorized, where appropriate—
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1 ‘‘(1) subject to the availability of appropriations

2 sufficient to cover its full obligations, to acquire real

3 property or interests therein by purchase, lease for

4 a term not to exceed five years, or otherwise, for use

5 as Coast Guard family housing units, including the

6 acquisition of condominium units, which may include

7 the obligation to pay maintenance, repair, and other

8 condominium related fees; and

9 ‘‘(2) for adequate compensation, by sale, lease,

10 or otherwise, to dispose of any real property or in11 terest therein used for Coast Guard family housing

12 units; except that such disposition shall be made by

13 the General Services Administration in accordance

14 with the Federal Property and Administrative Serv15 ices Act of 1949 (40 U.S.C. 471 et seq.).

16 ‘‘(b) In procuring real property and interests therein

17 under subsection (a) of this section, the Coast Guard may

18 use procedures other than competitive procedures in cir19 cumstances which are set forth in section 303(c) of the

20 Federal Property and Administrative Services Act of 1949

21 (41 U.S.C. 253(c)).

22 ‘‘(c)(1) For the purposes of this section, a multiyear

23 contract is a contract to lease Coast Guard family housing

24 units for more than one, but not more than five fiscal

25 years.
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1 ‘‘(2) The Coast Guard may enter into multiyear con2 tracts under subsection (a) of this section whenever the

3 Coast Guard finds that—

4 ‘‘(A) the use of such a contract will promote the

5 efficiency of the Coast Guard family housing pro6 gram and will result in reduced total costs under the

7 contract; and

8 ‘‘(B) the estimates of both the cost of the con9 tract and the anticipated cost avoidance through the

10 use of a multiyear contract are realistic.

11 ‘‘(3) A multiyear contract authorized under sub12 section (a) of this section shall contain cancellation and

13 termination provisions to the extent necessary to protect

14 the best interests of the United States, and may include

15 consideration of both recurring and nonrecurring costs.

16 The contract may provide for a cancellation payment to

17 be made. Amounts that were originally obligated for the

18 cost of the contract may be used for cancellation or termi19 nation costs.’’.

20 (b) CONFORMING AMENDMENT.—The analysis for

21 chapter 17 of title 14, United States Code, as amended

22 by this title, is further amended by adding at the end the

23 following new item:

‘‘670. Procurement authority for family housing.’’.
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1 SEC. 402. AIR STATION CAPE COD IMPROVEMENTS.

2 (a) IN GENERAL.—Chapter 17 of title 14, United

3 States Code, as amended by this title, is further amended

4 by adding at the end the following new section:

5 ‘‘§ 671. Air Station Cape Cod improvements

6 ‘‘The Coast Guard may spend or obligate appro7 priated funds for the repair, improvement, restoration, or

8 replacement of those federally or nonfederally owned sup9 port buildings, including appurtenances, which are on

10 leased or permitted real property constituting Coast

11 Guard Air Station Cape Cod, located on Massachusetts

12 Military Reservation, Cape Cod, Massachusetts.’’.

13 (b) CONFORMING AMENDMENT.—The analysis for

14 chapter 17 of title 14, United States Code, as amended

15 by this title, is further amended by adding at the end the

16 following new item:

‘‘671. Air Station Cape Cod improvements.’’.

17 SEC. 403. LONG-TERM LEASE AUTHORITY FOR AIDS TO

18 NAVIGATION.

19 (a) IN GENERAL.—Chapter 17 of title 14, United

20 States Code, as amended by this title, is further amended

21 by adding at the end the following new section:

22 ‘‘§ 672. Long-term lease authority for navigation and

23 communications systems sites

24 ‘‘(a) The Coast Guard, on behalf of the United

25 States, is authorized, subject to the availability of appro-
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1 priations, to enter into lease agreements to acquire real

2 property or interests therein for a term not to exceed

3 twenty years, inclusive of any automatic renewal clauses,

4 for aids-to-navigation sites, vessel traffic service sensor

5 sites, or National Distress System high level antenna sites.

6 The lease agreements shall include cancellation and termi7 nation provisions to the extent necessary to protect the

8 best interests of the United States. Cancellation payment

9 provisions may include consideration of both recurring and

10 nonrecurring costs associated with the real property inter11 ests under the contract. The lease agreements may provide

12 for a cancellation payment to be made. Amounts that were

13 originally obligated for the cost of the contract may be

14 used for cancellation or termination costs.

15 ‘‘(b) In procuring real property and interests therein

16 under subsection (a) of this section, the Coast Guard may

17 use procedures other than competitive procedures in cir18 cumstances which are set forth in section 303(c) of the

19 Federal Property and Administrative Services Act of 1949

20 (41 U.S.C. 253(c)).

21 ‘‘(c)(1) The Coast Guard may enter into multiyear

22 lease agreements under subsection (a) of this section

23 whenever the Coast Guard finds that—

24 ‘‘(A) the use of such a lease agreement will pro25 mote the efficiency of the aids-to-navigation pro-
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1 gram, vessel traffic service program, or National

2 Distress System program and will result in reduced

3 total costs under the agreement;

4 ‘‘(B) the minimum need for the real property or

5 interest therein to be leased is expected to remain

6 substantially unchanged during the contemplated

7 lease period; and

8 ‘‘(C) the estimates of both the cost of the lease

9 and the anticipated cost avoidance through the use

10 of a multiyear lease are realistic.’’.

11 (b) CONFORMING AMENDMENT.—The analysis for

12 chapter 17 of title 14, United States Code, as amended

13 by this title, is further amended by adding at the end of

14 the following new item:

‘‘672. Long term lease authority for navigation and communications system

sites.’’.

15 TITLE V—EDUCATIONAL RESEARCH

16 SEC. 501. AUTHORITY FOR EDUCATIONAL RESEARCH

17 GRANTS.

18 (a) IN GENERAL.—Chapter 9 of title 14, United

19 States Code, is amended by adding at the end the follow20 ing new section:

21 ‘‘§ 196. Participation in Federal, State, or other edu22 cational research grants

23 ‘‘Notwithstanding any other provision of law, the

24 Coast Guard Academy may compete for and accept Fed-
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1 eral, State, or other educational research grants, except

2 that no such award may be accepted for the acquisition

3 or construction of facilities, or for the routine functions

4 of the Academy.’’.

5 (b) CONFORMING AMENDMENT.—The analysis for

6 chapter 9 of title 14, United States Code, is amended by

7 adding at the end the following new item:

‘‘196. Participation in Federal, State, or other educational research grants.’’.

8 TITLE VI—PASSENGER VESSEL SAFETY

9 SEC. 601. SHORT TITLE.

10 This title may be cited as the ‘‘Passenger Vessel

11 Safety Act of 1993’’.

12 SEC. 602. DEFINITION OF PASSENGER.

13 Section 2101(21) of title 46, United States Code, is

14 amended to read as follows:

15 ‘‘(21) ‘passenger’—

16 ‘‘(A) on a vessel, other than a vessel re17 ferred to in subclause (B), (C), or (D) of this

18 clause, means an individual carried on the ves19 sel except—

20 ‘‘(i) the owner or an individual rep21 resentative of the owner or, in the case of

22 a vessel under charter, an individual

23 charterer or individual representative of

24 the charterer;

25 ‘‘(ii) the master; or
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1 ‘‘(iii) a member of the crew engaged

2 in the business of the vessel who has not

3 contributed consideration for carriage and

4 who is paid for on board services;

5 ‘‘(B) on an offshore supply vessel, means

6 an individual carried on the vessel except—

7 ‘‘(i) an individual as described in

8 subclause (A)(i), (A)(ii), or (A)(iii) of this

9 clause;

10 ‘‘(ii) an employee of the owner, or of

11 a subcontractor to the owner, engaged in

12 the business of the owner;

13 ‘‘(iii) an employee of the charterer, or

14 of a subcontractor to the charterer, en15 gaged in the business of the charterer; or

16 ‘‘(iv) an individual employed in a

17 phase of exploration, exploitation, or pro18 duction of offshore mineral or energy re19 sources served by the vessel;

20 ‘‘(C) on a fishing vessel, fish processing

21 vessel, or fish tender vessel, means an individ22 ual carried on the vessel except—

23 ‘‘(i) an individual as described in

24 subclause (A)(i), (A)(ii), or (A)(iii) of this

25 clause;
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1 ‘‘(ii) a managing operator;

2 ‘‘(iii) an employee of the owner, or of

3 a subcontractor to the owner, engaged in

4 the business of the owner; or

5 ‘‘(iv) an employee of the charterer, or

6 of a subcontractor to the charterer, en7 gaged in the business of the charterer; and

8 ‘‘(D) on a sailing school vessel, means an

9 individual carried on the vessel except—

10 ‘‘(i) an individual as described in

11 subclause (A)(i), (A)(ii), or (A)(iii) of this

12 clause;

13 ‘‘(ii) an employee of the owner of the

14 vessel engaged in the business of the

15 owner, except when the vessel is operating

16 under a demise charter;

17 ‘‘(iii) an employee of the demise

18 charterer of the vessel engaged in the busi19 ness of the demise charterer; or

20 (iv) a sailing school instructor or sail21 ing school student.’’.

22 SEC. 603. DEFINITION OF PASSENGER VESSEL.

23 Section 2101(22) of title 46, United States Code, is

24 amended to read as follows:
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1 ‘‘(22) passenger vessel’ means a vessel of at

2 least 100 gross tons—

3 ‘‘(A) that is carrying more than 12 pas4 sengers, including at least one passenger for

5 hire;

6 ‘‘(B) that is chartered and carrying more

7 than 12 passengers; or

8 ‘‘(C) that is a submersible vessel carrying

9 at least one passenger for hire.’’.

10 SEC. 604. DEFINITION OF SMALL PASSENGER VESSEL.

11 Section 2101(35) of title 46, United States Code, is

12 amended to read as follows:

13 ‘‘(35) ‘small passenger vessel’ means a vessel of

14 less than 100 gross tons—

15 ‘‘(A) that is carrying more than 6 pas16 sengers, including at least one passenger for

17 hire;

18 ‘‘(B) that is chartered, with the crew pro19 vided or specified by the owner or the owner’s

20 representative, and carrying more than 6 pas21 sengers;

22 ‘‘(C) that is chartered, with no crew pro23 vided or specified by the owner or the owner’s

24 representative, and carrying more than 12 pas25 sengers; or
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1 ‘‘(D) that is a submersible vessel carrying

2 at least one passenger for hire.’’.

3 SEC. 605. DEFINITION OF UNINSPECTED PASSENGER VES4 SEL.

5 Section 2101(42) of title 46, United States Code, is

6 amended to read as follows:

7 ‘‘(42) ‘uninspected passenger vessel’ means an

8 uninspected vessel—

9 ‘‘(A) of at least 100 gross tons—

10 ‘‘(i) that is carrying not more than 12

11 passengers, including at least one pas12 senger for hire; or

13 ‘‘(ii) that is chartered, with the crew

14 provided or specified by the owner or the

15 owner’s representative, and carrying not

16 more than 12 passengers; or

17 ‘‘(B) of less than 100 gross tons—

18 ‘‘(i) that is carrying not more than 6

19 passengers, including at least one pas20 senger for hire; or

21 ‘‘(ii) that is chartered, with the crew

22 provided or specified by the owner or the

23 owner’s representative, and carrying not

24 more than 6 passengers.’’.
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1 SEC. 606. DEFINITION OF PASSENGER FOR HIRE.

2 Section 2101 of title 46, United States Code, is

3 amended by inserting immediately after clause (21) the

4 following new clause:

5 ‘‘(21a) ‘passenger for hire’ means a passenger

6 for whom consideration is contributed as a condition

7 of carriage on the vessel, whether directly or indi8 rectly flowing to the owner, charterer, operator,

9 agent, or any other person having an interest in the

10 vessel.’’.

11 SEC. 607. DEFINITION OF CONSIDERATION.

12 Section 2101 of title 46, United States Code, is

13 amended by inserting immediately after clause (5) the fol14 lowing new clause:

15 ‘‘(5a) ‘consideration’ means an economic bene16 fit, inducement, right, or profit, including pecuniary

17 payment accruing to an individual, person, or entity,

18 but not including a voluntary sharing of the actual

19 expenses of the voyage by monetary contribution or

20 donation of fuel, food, beverage, or other supplies.’’.

21 SEC. 608. DEFINITION OF OFFSHORE SUPPLY VESSEL.

22 Section 2101(19) of title 46, United States Code, is

23 amended by inserting ‘‘individuals in addition to the

24 crew,’’ immediately after ‘‘supplies,’’ and by striking ‘‘and

25 is not a small passenger vessel’’.
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1 SEC. 609. DEFINITION OF SAILING SCHOOL VESSEL.

2 Section 2101(30)(B) of title 46, United States Code,

3 is amended by striking ‘‘at least 6’’ and inserting in lieu

4 thereof ‘‘more than 6’’.

5 SEC. 610. DEFINITION OF SUBMERSIBLE VESSEL.

6 Section 2101 of title 46, United States Code, is

7 amended by inserting immediately after clause (37) the

8 following new clause:

9 ‘‘(37a) ‘submersible vessel’ means a vessel that

10 is capable of operating below the surface of the

11 water.’’.

12 SEC. 611. EXEMPTION AUTHORITY.

13 (a) Section 2113 of title 46, United States Code, is

14 amended to read as follows:

15 ‘‘§ 2113. Authority to exempt certain vessels

16 ‘‘If the Secretary decides that the application of a

17 provision of part B, C, F, or G of this subtitle is not nec18 essary in performing the mission of certain vessels en19 gaged in excursions or an oceanographic research vessel,

20 or not necessary for the safe operation of certain vessels

21 carrying passengers, the Secretary by regulation may—

22 ‘‘(1) for an excursion vessel, issue a special per23 mit specifying the conditions of operation and equip24 ment;
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1 ‘‘(2) exempt an oceanographic research vessel

2 from that provision under conditions the Secretary

3 may specify; and

4 ‘‘(3) establish different operating and equip5 ment requirements for uninspected passenger vessels

6 described in section 2101(42)(A) of this title.’’.

7 SEC. 612. EQUIPMENT AND STANDARDS FOR UNINSPECTED

8 PASSENGER VESSELS.

9 Section 4105 of title 46, United States Code, is

10 amended—

11 (1) by redesignating the existing text as sub12 section (a); and

13 (2) by adding at the end the following new sub14 section:

15 ‘‘(b) Within 24 months after the date of enactment

16 of this subsection, the Secretary shall, by regulation, re17 quire certain additional equipment (including liferafts or

18 other lifesaving equipment), or establish construction

19 standards or additional operating standards, for the

20 uninspected passenger vessels described in section

21 2101(42)(A) of this title.’’.

22 SEC. 613. APPLICABILITY DATE FOR REVISED REGULA23 TIONS.

24 (a) APPLICABILITY DATE FOR CERTAIN CHARTERED

25 VESSELS.—Revised regulations governing small passenger
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1 vessels and passenger vessels, as the definitions of those

2 terms in section 2101 of title 46, United States Code, are

3 amended by this Act, shall not apply before May 1, 1994,

4 to such vessels when chartered with no crew provided.

5 (b) EXTENSION OF PERIOD.—The Secretary of the

6 department in which the Coast Guard is operating may

7 extend for up to 1 additional year the period of inapplica8 bility specified in subsection (a) if the owner of the vessel

9 concerned demonstrates to the satisfaction of the Sec10 retary that a good faith effort, with due diligence and care,

11 has failed to enable compliance with the regulations by

12 May 1, 1994.

Æ

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