103D CONGRESS

1ST SESSION H. R. 2150

AMENDMENT
In the Senate of the United States,

November 22, 1993.

Resolved, That the bill from the House of Representatives (H.R. 2150) entitled ‘‘An Act to authorize appropriations for fiscal year 1994 for the United States Coast Guard,

and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Coast Guard Authoriza3 tion Act of 1993’’.

4 TITLE I—AUTHORIZATIONS

5 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

6 Funds are authorized to be appropriated for necessary

7 expenses of the Coast Guard for fiscal year 1994, as follows:

8 (1) For the operation and maintenance of the

9 Coast Guard, $2,612,552,200, of which $25,000,000

10 shall be derived from the Oil Spill Liability Trust

11 Fund, and of which $35,000,000 shall be expended

12 from the Boat Safety Account.

13 (2) For the acquisition, construction, rebuilding,

14 and improvement of aids to navigation, shore and off15 shore facilities, vessels, and aircraft, including equip16 ment related thereto, $417,996,500, to remain avail-
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1 able until expended, of which $23,030,000 shall be de2 rived from the Oil Spill Liability Trust Fund to

3 carry out the purposes of section 1012(a)(5) of the Oil

4 Pollution Act of 1990.

5 (3) For research, development, test, and evalua6 tion of technologies, materials, and human factors di7 rectly relating to improving the performance of the

8 Coast Guard’s mission in support of search and res9 cue, aids to navigation, marine safety, marine envi10 ronmental protection, enforcement of laws and trea11 ties, ice operations, and defense readiness,

12 $25,000,000, to remain available until expended, of

13 which $4,457,000 shall be derived from the Oil Spill

14 Liability Trust Fund.

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

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

18 Serviceman’s Family Protection and Survivor Benefit

19 Plans, and payments for medical care of retired per20 sonnel and their dependents under chapter 55 of title

21 10, United States Code, $548,774,000.

22 (5) For alteration or removal of bridges over

23 navigable waters of the United States constituting ob24 structions to navigation associated with the Bridge
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1 Alteration Program, $12,940,000 to remain available

2 until expended.

3 (6) For environmental compliance and restora4 tion at Coast Guard facilities, $23,057,000, to remain

5 available until expended.

6 SEC 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

7 AND MILITARY TRAINING.

8 (a) AUTHORIZED MILITARY STRENGTH LEVEL.—The

9 Coast Guard is authorized an end-of-year strength for ac10 tive duty personnel of 39,138 as of September 30, 1994. The

11 authorized strength does not include members of the Ready

12 Reserve called to active duty for special or emergency aug13 mentation of regular Coast Guard forces for periods of 180

14 days or less.

15 (b) AUTHORIZED LEVEL OF MILITARY TRAINING.—

16 For fiscal year 1994, the Coast Guard is authorized average

17 military training student loads as follows:

18 (1) For recruit and special training, 1,986 stu19 dent years.

20 (2) For flight training, 114 student years.

21 (3) For professional training in military and ci22 vilian institutions, 338 student years.

23 (4) For officer acquisition, 955 student years.
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1 TITLE II—PERSONNEL MANAGEMENT

2 IMPROVEMENT

3 SEC. 201. CEILING ON OFFICER CORPS.

4 Subsection (a) of section 42 of title 14, United States

5 Code, is amended by striking ‘‘6,000’’ and inserting

6 ‘‘6,200’’.

7 SEC. 202. VOLUNTEER SERVICES.

8 Section 93 of title 14, United States Code, is amended

9 by—

10 (1) striking ‘‘and’’ at the end of paragraph (r);

11 (2) striking the period at the end of paragraph

12 (s) and inserting a comma; and

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

15 ‘‘(t) Notwithstanding any other law, enter into cooper16 ative agreements with States, local governments, nongovern17 mental organizations, and individuals, to accept and utilize

18 voluntary services for the maintenance and improvement

19 of natural and historic resources on, or to benefit natural

20 and historic research on, Coast Guard facilities, subject to

21 the requirement that—

22 ‘‘(1) the cooperative agreements shall each pro23 vide for the parties to contribute funds or services on

24 a matching basis to defray the costs of such programs,

25 projects, and activities under the agreement; and
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1 ‘‘(2) a person providing voluntary services under

2 this subsection shall not be considered a Federal em3 ployee except for purposes of chapter 81 of title 5,

4 United States Code, with respect to compensation for

5 work-related injuries, and chapter 171 of title 28,

6 United States Code, with respect to tort claims; and’’.

7 SEC. 203. RESERVE RETENTION BOARDS.

8 Section 741 of title 14, United States Code, is amend9 ed—

10 (1) in subsection (a) in the first sentence by

11 striking ‘‘and are not on active duty and not on an

12 approved list of selectees for promotion to the next

13 higher grade’’ and inserting the following: ‘‘, except

14 those officers who—

15 ‘‘(1) are on extended active duty;

16 ‘‘(2) are on a list of selectees for promotion;

17 ‘‘(3) will complete 30 years total commissioned

18 service by June 30th following the date that the reten19 tion board is convened; or

20 ‘‘(4) have reached age 59 by the date on which

21 the retention board is convened’’;

22 (2) in subsection (a) by moving the second sen23 tence so as to begin—

24 (A) immediately below paragraph (4) (as

25 added by paragraph (1) of this section); and
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1 (B) flush with the left margin of the mate2 rial preceding paragraph (1);

3 (3) by designating the third sentence of sub4 section (a) as subsection (b) by—

5 (A) inserting ‘‘(b)’’ before ‘‘This board

6 shall—’’; and

7 (B) moving the third sentence so as to begin

8 immediately below the second sentence of sub9 section (a); and

10 (4) by redesignating the last 2 subsections as

11 subsections (c) and (d), respectively.

12 SEC. 204. CONTINUITY OF GRADE OF ADMIRALS AND VICE

13 ADMIRALS.

14 (a) Section 46(a) of title 14, United States Code, is

15 amended to read as follows:

16 ‘‘(a) A Commandant who is not reappointed shall be

17 retired with the grade of admiral at the expiration of the

18 appointed term, except as provided in subsection 51(d) of

19 this title.’’.

20 (b)(1) Section 47 of title 14, United States Code, is

21 amended—

22 (A) in the heading by striking ‘‘; retirement’’;

23 (B) in subsection (a) by—

24 (i) striking ‘‘(a)’’ at the beginning thereof,

25 and
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1 (ii) striking the last sentence and inserting

2 the following: ‘‘The appointment and grade of a

3 Vice Commandant shall be effective on the date

4 the officer assumes that duty, and shall termi5 nate on the date the officer is detached from that

6 duty, except as provided in subsection 51(d) of

7 this title.’’; and

8 (C) by striking subsections (b), (c), and (d).

9 (2) The table of sections at the beginning of chapter

10 3 of title 14, United States Code, is amended by striking

11 the item relating to section 47 and inserting the following:

‘‘47. Vice Commandant; assignment.’’.

12 (c) Section 50(b) of title 14, United States Code, is

13 amended by striking the last sentence and inserting ‘‘The

14 appointment and grade of an area commander shall be ef15 fective on the date the officer assumes that duty, and shall

16 terminate on the date the officer is detached from that duty,

17 except as provided in subsection 51(d) of this title.’’.

18 (d) Section 51 of title 14, United States Code, is

19 amended by adding at the end the following new subsection:

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

21 admiral shall continue to hold that grade—

22 ‘‘(1) while being processed for physical disability

23 retirement, beginning on the day of the processing

24 and ending on the day that officer is retired, but not

25 for more than 180 days; and
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1 ‘‘(2) while awaiting retirement, beginning on the

2 day that officer is relieved from the position of Com3 mandant, Vice Commandant, Area Commander, or

4 Chief of Staff and ending on the day before the offi5 cer’s retirement, but not for more than 60 days.’’.

6 SEC. 205. CHIEF OF STAFF.

7 (a) Section 41a(b) of title 14, United States Code, is

8 amended by striking ‘‘, except that the rear admiral serving

9 as Chief of Staff shall be the senior rear admiral for all

10 purposes other than pay’’ at the end of the second sentence.

11 (b)(1) Title 14, United States Code, is amended by in12 serting after section 50 the following new section:

13 ‘‘§ 50a. Chief of Staff

14 ‘‘(a) The President may appoint, by and with the ad15 vice and consent of the Senate, a Chief of Staff of the Coast

16 Guard who shall rank next after the area commanders and

17 who shall perform duties as prescribed by the Commandant.

18 The Chief of Staff shall be appointed from the officers on

19 the active duty promotion list serving above the grade of

20 captain. The Commandant shall make recommendations for

21 the appointment.

22 ‘‘(b) The Chief of Staff shall have the grade of vice ad23 miral with the pay and allowances of that grade. The ap24 pointment and grade of the Chief of Staff shall be effective

25 on the date the officer assumes that duty, and shall termi-
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1 nate on the date the officer is detached from that duty, ex2 cept as provided in section 51(d) of this title.’’

3 (2) The table of sections at the beginning of chapter

4 3 of title 14, United States Code, is amended by inserting

5 after the item relating to section 50 the following:

‘‘50a. Chief of Staff.’’.

6 (c) Section 51 of title 14, United States Code, is

7 amended—

8 (1) in subsection (a) by striking ‘‘as Com9 mander, Atlantic Area, or Commander, Pacific Area’’

10 and inserting ‘‘in the grade of vice admiral’’; and

11 (2) in subsection (b) by striking ‘‘as Commander,

12 Atlantic Area, or Commander, Pacific Area’’ and in13 serting ‘‘in the grade of vice admiral’’.

14 (d) Section 290 of title 14, United States Code, is

15 amended—

16 (1) in subsection (a) by striking ‘‘or in the posi17 tion of Chief of Staff’’ in the second sentence;

18 (2) in subsection (f)(1) by striking ‘‘Chief of

19 Staff or’’; and

20 (3) in subsection (f)(2) by striking ‘‘Chief of

21 Staff or’’.
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1 TITLE III—MISCELLANEOUS COAST

2 GUARD PROVISIONS

3 SEC. 301. NORTH ATLANTIC ROUTES.

4 Sections 3 and 5 of the Act of June 25, 1936 (49 Stat.

5 1922, 46 App. U.S.C. 738b and 738d), are repealed.

6 SEC. 302. COAST GUARD FAMILY HOUSING.

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

8 States Code, is amended by adding at the end the following

9 new section:

10 ‘‘§ 670. Procurement authority for family housing

11 ‘‘(a) The Secretary is authorized—

12 ‘‘(1) to acquire, subject to the availability of ap13 propriations sufficient to cover its full obligations,

14 real property or interests therein by purchase, lease

15 for a term not to exceed 5 years, or otherwise, for use

16 as Coast Guard family housing units, including the

17 acquisition of condominium units, which may include

18 the obligation to pay maintenance, repair, and other

19 condominium-related fees; and

20 ‘‘(2) to dispose of by sale, lease, or otherwise, any

21 real property or interest therein used for Coast Guard

22 family housing units for adequate consideration.

23 ‘‘(b)(1) For the purposes of this section, a multiyear

24 contract is a contract to lease Coast Guard family housing

25 units for at least one, but not more than 5, fiscal years.
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1 ‘‘(2) The Secretary may enter into multiyear contracts

2 under subsection (a) of this section whenever the Coast

3 Guard finds that—

4 ‘‘(A) the use of a contract will promote the effi5 ciency of the Coast Guard family housing program

6 and will result in reduced total costs under the con7 tract; and

8 ‘‘(B) there are realistic estimates of both the cost

9 of the contract and the anticipated cost avoidance

10 through the use of a multiyear contract.

11 ‘‘(3) A multiyear contract authorized under subsection

12 (a) of this section shall contain cancellation and termi13 nation provisions to the extent necessary to protect the best

14 interests of the United States, and may include consider15 ation of both recurring and nonrecurring costs. The contract

16 may provide for a cancellation payment to be made.

17 Amounts that were originally obligated for the cost of con18 tract may be used for cancellation or termination costs.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections at

20 the beginning of chapter 17, United States Code, is amended

21 by adding at the end the following:

‘‘670. Procurement authority for family housing.’’.

22 SEC. 303. AIR STATION CAPE COD IMPROVEMENTS.

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

24 States Code, is amended by adding after section 670 (as

25 added by section 302 of this Act) the following new section:
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1 ‘‘§ 671. Air Station Cape Code improvements

2 ‘‘The Secretary may expend funds for the repair, im3 provement, restoration, or replacement of those federally or

4 nonfederally owned support buildings, including appur5 tenances, which are on leased or permitted real property

6 constituting Coast Guard Air Station Cape Cod, located on

7 Massachusetts Military Reservation, Cape Cod, Massachu8 setts.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections at

10 the beginning of chapter 17, United States Code, is amended

11 by adding after the item relating to section 670 (as added

12 by section 302 of this Act) the following:

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

13 SEC. 304. LONG-TERM LEASE AUTHORITY FOR AIDS TO

14 NAVIGATION.

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

16 amended by adding after section 671 (as added by section

17 303 of this Act) the following new section:

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

19 communications systems sites

20 ‘‘(a) The Secretary is authorized, subject to the avail21 ability of appropriations, to enter into lease agreements to

22 acquire real property or interests therein for a term not

23 to exceed 20 years, inclusive of any automatic renewal

24 clauses, for aids to navigation (hereafter in this section re25 ferred to as ‘ATON’) sites, vessel traffic service (hereafter
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1 in this section referred to as ‘VTS’) sensor sites, or National

2 Distress System (hereafter in this section referred to as

3 ‘NDS’) high level antenna sites. These lease agreements shall

4 include cancellation and termination provisions to the ex5 tent necessary to protect the best interests of the United

6 States. Cancellation payment provisions may include con7 sideration of both recurring and nonrecurring costs associ8 ated with the real property interests under the contract.

9 These lease agreements may provide for a cancellation pay10 ment to be made. Amounts that were originally obligated

11 for the cost of the contract may be used for cancellation

12 or termination costs.

13 ‘‘(b) The Secretary may enter into multiyear lease

14 agreements under subsection (a) of this section whenever the

15 Secretary finds that—

16 ‘‘(1) the use of such a lease agreement will pro17 mote the efficiency of the ATON, VTS, or NDS pro18 grams and will result in reduced total costs under the

19 agreement;

20 ‘‘(2) the minimum need for the real property or

21 interest therein to be leased is expected to remain sub22 stantially unchanged during the contemplated lease

23 period; and
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1 ‘‘(3) the estimates of both the cost of the lease

2 and the anticipated cost avoidance through the use of

3 a multiyear lease are realistic.’’.

4 (b) The table of sections at the beginning of chapter

5 17 of title 14, United States Code, is amended by adding

6 after the item relating to section 671 (as added by section

7 303 of this Act) the following:

‘‘672. Long-term lease authority for navigation and communications systems

sites.’’.

8 SEC. 305. AUTHORITY FOR EDUCATIONAL RESEARCH

9 GRANTS.

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

11 Code, is amended by adding at the end the following new

12 section:

13 ‘‘§ 196. Participation in Federal, State, or other edu14 cational research grants

15 ‘‘Notwithstanding any other provision of law, the

16 United States Coast Guard Academy may compete for and

17 accept Federal, State, or other educational research grants,

18 subject to the following limitations:

19 ‘‘(1) No award may be accepted for the acquisi20 tion or construction of facilities.

21 ‘‘(2) No award may be accepted for the routine

22 functions of the Academy.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 9 of title 14, United States Code,

3 is amended by adding at the end the following:

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

4 SEC. 306. PREPOSITIONED OIL SPILL CLEANUP EQUIP5 MENT.

6 The Secretary of Transportation is authorized to ex7 pend out of amounts appropriated for acquisition, construc8 tion, and improvement for fiscal year 1994—

9 (1) $890,000 to acquire and preposition oil spill

10 response equipment at Port Arthur, Texas, and

11 (2) $890,000 to acquire and preposition oil spill

12 response equipment at Helena, Arkansas, subject to

13 the Secretary determining that adequate storage and

14 maintenance facilities are available.

15 SEC. 307. SHORE FACILITIES IMPROVEMENTS AT COAST

16 GUARD STATION LITTLE CREEK, VIRGINIA.

17 (a) The Secretary of Transportation, subject to the

18 availability of appropriations, may at Coast Guard Station

19 Little Creek, Virginia—

20 (1) construct a 2-story station building with

21 operational, administrative, and living spaces;

22 (2) construct a 180-foot long pier for Coast

23 Guard patrol boats;

24 (3) construct a boat ramp; and

25 (4) strengthen a waterfront bulkhead.
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1 (b) Funds necessary to carry out this section are au2 thorized to be appropriated for fiscal year 1994.

3 SEC. 308. OIL SPILL TRAINING SIMULATOR.

4 The Secretary of Transportation is authorized to ex5 pend out of the amounts appropriated for acquisition, con6 struction, and improvement not more than $1,250,000 to

7 the Maritime College of the State of New York to purchase

8 a marine oil spill management simulator.

9 SEC. 309. TECHNICAL CLARIFICATION.

10 Section 4283B of the Revised Statutes (46 App U.S.C.

11 183c) is amended by striking ‘‘any court’’ in clause (2) and

12 inserting in lieu thereof ‘‘court’’.

13 SEC. 310. OIL SPILL PREVENTION AND RESPONSE TECH14 NOLOGY TEST AND EVALUATION PROGRAM.

15 (a) Not later than 6 months after the date of enactment

16 of this Act, the Secretary of Transportation shall establish

17 a program to evaluate the technological feasibility and envi18 ronmental benefits of having tank vessels carry oil spill pre19 vention and response technology. To implement the pro20 gram the Secretary shall—

21 (1) publish in the Federal Register an invitation

22 for submission of proposals including plans and pro23 cedures for testing; and
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1 (2) review and evaluate technology using, to the

2 maximum extent possible, existing evaluation and

3 performance standards.

4 (b) The Secretary shall, to the maximum extent pos5 sible, incorporate in the program established in subsection

6 (a), the results of existing studies and evaluations of oil spill

7 prevention and response technology carried on tank vessels.

8 (c) Not later than 2 years after the date of the enact9 ment of this Act, the Secretary shall evaluate the results

10 of the program established in subsection (a) and submit a

11 report to Congress with recommendations on the feasibility

12 and environmental benefits of, and appropriate equipment

13 and utilization standards for, requiring tank vessels to

14 carry oil spill prevention and response equipment.

15 (d) Not later than 6 months after the date of the enact16 ment of this Act, the Secretary shall evaluate and report

17 to the Congress on the feasibility of using segregated ballast

18 tanks for emergency transfer of cargo and storage of recov19 ered oil.

20 SEC. 311. UNMANNED SEAGOING BARGES.

21 Section 3302 of title 46, United States Code, is amend22 ed by adding at the end the following:

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

24 under section 3301(6) of this title if the vessel is unmanned

25 and does not carry—
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1 ‘‘(1) a hazardous material as cargo; or

2 ‘‘(2) a flammable or combustible liquid, includ3 ing oil, in bulk.’’.

4 SEC. 312. PROHIBITION ON DECOMMISSIONING ICE5 BREAKER MACKINAW.

6 (a) The Secretary of transportation may not decom7 mission the Coast Guard cutter MACKINAW before Decem8 ber 31, 1994.

9 (b) There is authorized to be appropriated to the Sec10 retary of Transportation $1,600,000 for fiscal year 1994,

11 to remain available until expended, for operations and

12 maintenance of the Coast Guard cutter MACKINAW.

13 SEC. 313. LOWER COLUMBIA RIVER MARINE FIRE AND SAFE14 TY ACTIVITIES.

15 The Secretary of Transportation is authorized to ex16 pend out of the amounts appropriated for the Coast Guard

17 for fiscal year 1994 not more than $421,700, and for fiscal

18 year 1995 not more than $358,300, for the lower Columbia

19 River marine, fire, oil, and toxic spill response communica20 tions, training, equipment, and program administration

21 activities conducted by the Marine Fire and Safety Associa22 tion.

23 SEC. 314. CASS RIVER.

24 Subtitle II of title 46, United States Code, relating

25 only to vessel inspection and manning, shall not apply to
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1 a vessel operating on the date of enactment of this Act on

2 the Cass River above the dam at Frankenmuth, Michigan

3 (locally known as the Hubinger Dam) which is inspected

4 and licensed by the State of Michigan to carry passengers.

5 SEC. 315. SENSE OF THE CONGRESS REGARDING FUNDING

6 FOR COAST GUARD.

7 It is the sense of the Congress that in appropriating

8 amounts for the Coast Guard, the Congress should appro9 priate amounts adequate to enable the Coast Guard to carry

10 out all extraordinary functions and duties the Coast Guard

11 is required to undertake in addition to its normal functions

12 established by law.

13 SEC. 316. COOPERATIVE AGREEMENT AUTHORITY.

14 Section 93 of title 14, United States Code, as amended

15 by section 202 of this Act, is further amended by adding

16 at the end the following new subsection:

17 ‘‘(u) enter into cooperative agreements with other Gov18 ernment agencies and the National Academy of Sciences.’’.

19 SEC. 317. REGIONAL FISHERIES LAW ENFORCEMENT TRAIN20 ING CENTERS.

21 (a) GULF OF MEXICO.—The Coast Guard shall estab22 lish a Gulf of Mexico Regional Fisheries Law Enforcement

23 Training Center in the Eighth Coast Guard District in

24 Southeastern Louisiana.
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1 (b) SOUTHEAST ATLANTIC.—The Coast Guard shall es2 tablish a Southeast Regional Fisheries Law Enforcement

3 Training Center in the Seventh Coast Guard District in

4 Charleston, South Carolina.

5 (c) PURPOSE.—The purpose of the regional fisheries

6 law enforcement training centers shall be to increase the

7 skills and training of Coast Guard fisheries law enforcement

8 personnel and to ensure that such training considers and

9 meets the unique and complex needs and demands of the

10 fisheries of the Gulf of Mexico and the Southeast United

11 States.

12 SEC. 318. NATIONAL SAFE BOATING WEEK.

13 (a) The Act of June 4, 1958 (36 U.S.C. 161) is amend14 ed by striking ‘‘week commencing on the first Sunday in

15 June’’ and inserting ‘‘the seven day period ending on the

16 last Friday before Memorial Day’’.

17 (b) This section is effective January 1, 1995.

18 SEC. 319. LOS ANGELES-LONG BEACH VESSEL TRAFFIC

19 SERVICE.

20 The Coast Guard is authorized to provide personnel

21 support for the interim vessel traffic information service in

22 the Ports of Los Angeles and Long Beach operated on behalf

23 of the State of California by the Marine Exchange of Los

24 Angeles-Long Beach Harbors, Inc., a California nonprofit

25 coporation (hereinafter referred to as ‘‘Marine Exchange’’).
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1 The Coast Guard shall be reimbursed for all costs associated

2 with providing such personnel in accordance with a reim3 bursable agreement between the Coast Guard and the State

4 of California. Amounts received by the Coast Guard as re5 imbursements for its costs shall be credited to the appro6 priation for operating expenses of the Coast Guard. The

7 United States Government assumes no liability for any act

8 or omission of any officer, director, employee, or representa9 tive of the Marine Exchange or of the State of California,

10 arising out of the operation of the vessel traffic information

11 service by the Marine Exchange, and the Coast Guard shall

12 have the same protections and limitations on such liability

13 as are afforded to the Marine Exchange under California

14 law.

15 SEC. 320. FINANCIAL RESPONSIBILITY FOR NONPERFORM16 ANCE.

17 Section 3(b) of Public Law 89–777 (46 App. U.S.C.

18 817e(b)) is amended by striking ‘‘and such bond or other

19 security shall be in an amount paid equal to the estimated

20 total revenue for the particular transportation.’’ and insert21 ing a period.

22 SEC. 321. FISHING AND FISH TENDER VESSELS.

23 (a) In this section, ‘‘fish tender vessel’’, ‘‘fishing ves24 sel’’, and ‘‘tank vessel’’ have the meanings given those terms

25 under section 2101 of title 46, United States Code.
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1 (b) A fishing vessel or fish tender vessel of not more

2 than 750 gross tons, when engaged only in the fishing in3 dustry, shall not be deemed to be a tank vessel for the pur4 poses of any law.

5 (c)(1) This section does not affect the authority of the

6 Secretary of Transportation under chapter 33 of title 46,

7 United States Code, to regulate the operation of the vessels

8 listed in subsection (b) to ensure the safe carriage of oil

9 and hazardous substances.

10 (2) This section does not affect the requirement for fish

11 tender vessels engaged in the Aleutian trade to comply with

12 chapters 33, 45, 51, 81, and 87 of title 46, United States

13 Code, as provided in the Aleutian Trade Act of 1990 (Public

14 Law 101–595).

15 SEC. 322. OIL SPILL RECOVERY OPERATIONS.

16 (a) Section 8104 of title 46, United States Code, is

17 amended—

18 (1) in subsection (g), by striking ‘‘a vessel used

19 only to respond to a discharge of oil or a hazardous

20 substance,’’; and

21 (2) by adding a new subsection to read as fol22 lows:

23 ‘‘(p) On a vessel used only to respond to a discharge

24 of oil or a hazardous substance, the licensed individuals and

25 crewmembers may be divided into at least two watches when
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1 the vessel is engaged in an operation less than 12 hours

2 in duration.’’.

3 (b) Section 8301 of title 46, United States Code, is

4 amended by adding a new subsection to read as follows:

5 ‘‘(e) A vessel used only to respond to a discharge of

6 oil or a hazardous substance shall have—

7 ‘‘(1) two licensed mates when the vessel is en8 gaged in an operation over 12 hours in duration;

9 ‘‘(2) one licensed mate when the vessel is engaged

10 in an operation less than 12 hours in duration; and

11 ‘‘(3) if the vessel is more than 200 gross tons, a

12 licensed engineer when the vessel is operating.’’.

13 SEC. 323. LIMITATIONS ON PERFORMANCE OF LONGSHORE

14 WORK BY ALIEN CREWMEMBERS—ALASKA EX15 CEPTION.

16 (a) ALASKA EXCEPTION.—Section 258 of the Immigra17 tion and Nationality Act (8 U.S.C. 1288) is amended—

18 (1) by redesignating subsection (d) as subsection

19 (e); and

20 (2) by inserting after subsection (c) the following

21 new subsection:

22 ‘‘(d) STATE OF ALASKA EXCEPTION.—(1) Subsection

23 (a) shall not apply to a particular activity of longshore

24 work at a particular location in the State of Alaska if an

25 employer of alien crewmen has filed an attestation with the
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1 Secretary of Labor at least 30 days before the date of the

2 first performance of the activity (or anytime up to 24 hours

3 before the first performance of the activity, upon a showing

4 that the employer could not have reasonably anticipated the

5 need to file an attestation for that location at that time)

6 setting forth facts and evidence to show that—

7 ‘‘(A) the employer will make a bona fide request

8 for United States longshore workers who are qualified

9 and available in sufficient numbers to perform the ac10 tivity at the particular time and location from the

11 parties to whom notice has been provided under

12 clauses (ii) and (iii) of subparagraph (D), except

13 that—

14 ‘‘(i) whenever two or more contract steve15 doring companies have signed a joint collective

16 bargaining agreement with a single labor organi17 zation described in subparagraph (D)(i), the em18 ployer may request longshore workers from only

19 one of such contract stevedoring companies, and

20 ‘‘(ii) a request for longshore workers to an

21 operator of a private dock may be made only for

22 longshore work to be performed at that dock and

23 only if the operator meets the requirements of

24 section 32 of the Longshoremen’s and Harbor

25 Workers’ Compensation Act (33 U.S.C. 932);
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1 ‘‘(B) the employer will employ all those United

2 States longshore workers made available in response

3 to the request made pursuant to subparagraph (A)

4 who are qualified and available in sufficient numbers

5 and who are needed to perform the longshore activity

6 at the particular time and location;

7 ‘‘(C) the use of alien crewmembers for such activ8 ity is not intended or designed to influence an elec9 tion of a bargaining representative for workers in the

10 State of Alaska; and

11 ‘‘(D) notice of the attestation has been provided

12 by the employer to—

13 ‘‘(i) labor organizations which have been

14 recognized as exclusive bargaining representa15 tives of United States longshore workers within

16 the meaning of the National Labor Relations Act

17 and which make available or intend to make

18 available workers to the particular location

19 where the longshore work is to be performed,

20 ‘‘(ii) contract stevedoring companies which

21 employ or intend to employ United States

22 longshore workers at that location, and

23 ‘‘(iii) operators of private docks at which

24 the employer will use longshore workers.
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1 ‘‘(2)(A) An employer filing an attestation under para2 graph (1) who seeks to use alien crewmen to perform

3 longshore work shall be responsible while the attestation is

4 valid to make bona fide requests for United States longshore

5 workers under paragraph (1)(A) and to employ United

6 States longshore workers, as provided in paragraph (1)(B),

7 before using alien crewmen to perform the activity or activi8 ties specified in the attestation, except that an employer

9 shall not be required to request longshore workers from a

10 party if that party has notified the employer in writing

11 that it does not intend to make available United States

12 longshore workers to the location at which the longshore

13 work is to be performed.

14 ‘‘(B) If a party that has provided such notice subse15 quently notifies the employer in writing that it is prepared

16 to make available United States longshore workers who are

17 qualified and available in sufficient numbers to perform the

18 longshore activity to the location at which the longshore

19 work is to be performed, then the employer’s obligations to

20 that party under subparagraphs (A) and (B) of paragraph

21 (1) shall begin 60 days following the issuance of such notice.

22 ‘‘(3)(A) In no case shall an employer filing an attesta23 tion be required—
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1 ‘‘(i) to hire less than a full work unit of United

2 States longshore workers needed to perform the

3 longshore activity;

4 ‘‘(ii) to provide overnight accommodations for

5 the longshore workers while employed; or

6 ‘‘(iii) to provide transportation to the place of

7 work, except where—

8 ‘‘(I) surface transportation is available;

9 ‘‘(II) such transportation may be safely ac10 complished;

11 ‘‘(III) travel time to the vessel does not ex12 ceed one-half hour each way; and

13 ‘‘(IV) travel distance to the vessel from the

14 point of embarkation does not exceed 5 miles.

15 ‘‘(B) In the cases of Wide Bay, Alaska, and Klawock/

16 Craig, Alaska, the travel times and travel distances speci17 fied in subclauses (III) and (IV) of subparagraph (A) shall

be extended to 45 minutes and 71 18 ⁄2 miles, respectively, un19 less the party responding to the request for longshore work20 ers agrees to the lesser time and distance limitations speci21 fied in those subclauses.

22 ‘‘(4) Subject to subparagraphs (A) and (D) of sub23 section (c)(4), attestations filed under paragraph (1) of this

24 subsection shall—
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1 ‘‘(A) expire at the end of the 1-year period begin2 ning on the date the employer anticipates the

3 longshore work to begin, as specified in the attestation

4 filed with the Secretary of Labor, and

5 ‘‘(B) apply to aliens arriving in the United

6 States during such 1-year period if the owner, agent,

7 consignee, master, or commanding officer states in

8 each list under section 251 that it continues to com9 ply with the conditions in the attestation.

10 ‘‘(5)(A) Except as otherwise provided by subparagraph

11 (B), subsection (c)(3) and subparagraphs (A) through (E)

12 of subsection (c)(4) shall apply to attestations filed under

13 this subsection.

14 ‘‘(B) The use of alien crewmen to perform longshore

15 work in Alaska consisting of the use of an automated self16 unloading conveyor belt or vacuum-actuated system on a

17 vessel shall be governed by the provisions of subsection (c).

18 ‘‘(6) For purposes of this subsection—

19 ‘‘(A) the term ‘contract stevedoring companies’

20 means those stevedoring companies licensed to do

21 business in the State of Alaska that meet the require22 ments of section 32 of the Longshoremen’s and Harbor

23 Workers’ Compensation Act (33 U.S.C. 932); and

24 ‘‘(B) the term ‘employer’ includes any agent or

25 representative designated by the employer; and
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1 ‘‘(C) the terms ‘qualified’ and ‘available in suffi2 cient numbers’ shall be defined by reference to indus3 try standards in the State of Alaska, including safety

4 considerations.’’.

5 (b) CONFORMING AMENDMENTS.—

6 (1) Section 258(a) (8 U.S.C. 1288(a)) is amend7 ed by striking ‘‘subsection (c) or subsection (d)’’ and

8 inserting ‘‘subsection (c), (d), or (e)’’.

9 (2) Section 258(c)(4)(A) (8 U.S.C.

10 1288(c)(4)(A)) is amended by inserting ‘‘or subsection

11 (d)(1)’’ after ‘‘paragraph (1)’’ each of the two places

12 it appears.

13 (3) Section 258(c) (8 U.S.C. 1288(c)) is amended

14 by adding at the end the following new paragraph:

15 ‘‘(5) Except as provided in paragraph (5) of subsection

16 (d), this subsection shall not apply to longshore work per17 formed in the State of Alaska.’’.

18 (c) IMPLEMENTATION.—(1) The Secretary of Labor

19 shall prescribe such regulations as may be necessary to

20 carry out this section.

21 (2) Attestations filed pursuant to section 258(c) (8

22 U.S.C. 1288(c)) with the Secretary of Labor before the date

23 of enactment of this Act shall remain valid until 60 days

24 after the date of issuance of final regulations by the Sec25 retary under this section.
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1 SEC. 324. CAPE COD LIGHTHOUSE PLANNING AND DESIGN

2 STUDIES.

3 (a) COMPLETION OF STUDIES.—

4 (1) PLANNING.—Not later than 6 months after

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

6 Transportation and the Secretary of the Interior shall

7 complete the necessary planning studies, including se8 lection of a relocation site, identified in the Coast

9 Guard’s strategy document for relocation of the Cape

10 Cod Lighthouse (popularly known as the ‘‘Highland

11 Light Station’’), located in North Truro, Massachu12 setts.

13 (2) DESIGN.—Not later than 18 months after the

14 date of enactment of this Act, the Secretary of Trans15 portation shall complete the design studies indentified

16 in the Coast Guard’s strategy document for relocation

17 of the Cape Cod Lighthouse.

18 (b) USE OF AMOUNTS FOR STUDIES.—Of amounts ap19 propriated under the authority of this Act for acquisition,

20 construction, rebuilding, and improvement, the Secretary of

21 Transportation may use up to $600,000 for conducting the

22 studies required under subsection (a).

23 SEC. 325. WASHINGTON STATE LIGHTHOUSES.

24 (a) AUTHORITY TO TRANSFER.—

25 (1) IN GENERAL.—The Secretary may convey by

26 any appropriate means to the Washington State
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1 Parks and Recreation Commission all right, title, and

2 interest of the United States in and to property com3 prising 1 or more of the Cape Disappointment Light4 house, North Head Lighthouse, and Point Wilson

5 Lighthouse.

6 (2) IDENTIFICATION OF PROPERTY.—The Sec7 retary may identify, describe, and determine property

8 conveyed pursuant to this section.

9 (b) TERMS AND CONDITIONS.—

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

11 pursuant to subsection (a) shall be made—

12 (A) without the payment of consideration;

13 and

14 (B) subject to such terms and conditions as

15 the Secretary may consider appropriate.

16 (2) REVERSIONARY INTEREST.—In addition to

17 any term or condition established pursuant to para18 graph (1), any conveyance of property comprising

19 Cape Disappointment Lighthouse, North Head Light20 house, or Point Wilson Lighthouse pursuant to this

21 section shall be subject to the condition that all right,

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

23 shall immediately revert to the United States if the

24 property, or any part thereof—
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1 (A) ceases to be used as a center for public

2 benefit for the interpretation and preservation of

3 maritime history;

4 (B) ceases to be maintained in a manner

5 that ensures its present or future use as a Coast

6 Guard aid to navigation; or

7 (C) ceases to be maintained in a manner

8 consistent with the provisions of the National

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

10 470 et seq.).

11 (3) REQUIRED CONDITIONS.—Any conveyance of

12 property pursuant to this section shall be made sub13 ject to such conditions as the Secretary considers to

14 be necessary to assure that—

15 (A) the lights, antennas, and associated

16 equipment located on the property conveyed,

17 which are active aids to navigation, shall con18 tinue to be operated and maintained by the

19 United States;

20 (B) the Washington State Parks and Recre21 ation Commission may not interfere or allow in22 terference in any manner with such aids to navi23 gation without express written permission from

24 the Secretary of Transportation;
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1 (C) there is reserved to the United States

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

3 navigation or make any changes on any portion

4 of such property as may be necessary for naviga5 tion purposes;

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

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

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

12 of maintaining the aids to navigation in use on

13 the property; and

14 (F) the property shall be rehabilitated and

15 maintained by the owner in accordance with the

16 provisions of the National Historic Preservation

17 Act of 1966 (16 U.S.C. 470 et seq.).

18 (4) MAINTENANCE OF CERTAIN EQUIPMENT NOT

19 REQUIRED.—The Washington State Parks and Recre20 ation Commission shall not have any obligation to

21 maintain any active aid to navigation equipment on

22 property conveyed pursuant to this section.

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

24 term—
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1 (1) ‘‘Cape Disappointment Lighthouse’’ means

2 the Coast Guard lighthouse located at Fort Canby

3 State Park, Washington, including—

4 (A) the lighthouse, excluding any lantern or

5 lens that is the personal property of the Coast

6 Guard; and

7 (B) such land as may be necessary to enable

8 the Washington State Parks and Recreation

9 Commission to operate at that lighthouse a cen10 ter for public benefit for the interpretation and

11 preservation of the maritime history;

12 (2) ‘‘North Head Lighthouse’’ means the Coast

13 Guard lighthouse located at Fort Canby State Park,

14 Washington, including—

15 (A) the lighthouse, excluding any lantern or

16 lens that is the personal property of the Coast

17 Guard;

18 (B) ancillary buildings; and

19 (C) such land as may be necessary to enable

20 the Washington State Parks and Recreation

21 Commission to operate at that lighthouse a cen22 ter for public benefit for the interpretation and

23 preservation of maritime history;
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1 (3) ‘‘Point Wilson Lighthouse’’ means the Coast

2 Guard lighthouse located at Fort Worden State Park,

3 Washington, including—

4 (A) the lighthouse, excluding any lantern or

5 lens that is the personal property of the Coast

6 Guard;

7 (B) 2 ancillary buildings; and

8 (C) such land as may be necessary to enable

9 the Washington State Parks and Recreation

10 Commission to operate at that lighthouse a cen11 ter for public benefit for the interpretation and

12 preservation of maritime history; and

13 (4) ‘‘Secretary’’ means the Secretary of Trans14 portation.

15 SEC. 326. HERON NECK LIGHTHOUSE.

16 (a) AUTHORITY TO TRANSFER.—

17 (1) IN GENERAL.—The Secretary of Transpor18 tation shall convey by any appropriate means to the

19 Island Institute, Rockland, Maine, all right, title, and

20 interest of the United States in and to property com21 prising the Heron Neck Lighthouse.

22 (2) IDENTIFICATION OF PROPERTY.—The Sec23 retary may identify, describe, and determine property

24 conveyed pursuant to this subsection.

25 (b) TERMS AND CONDITIONS.—
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1 (1) IN GENERAL.—The conveyance of property

2 pursuant to subsection (a) shall be made—

3 (A) without payment of consideration; and

4 (B) subject to such terms and conditions as

5 the Secretary may consider appropriate.

6 (2) USE OF PROPERTY.—The property conveyed

7 pursuant to subsection (a) may be used for edu8 cational, historic, recreational, and cultural programs

9 open to and for the benefit of the general public.

10 Theme displays, museums, gift shops, open exhibits,

11 meeting rooms, and an office and quarters for person12 nel in connection with security and administration of

13 the property are expressly authorized. Other uses not

14 inconsistent with the foregoing uses are permitted un15 less the Secretary shall reasonably determine that

16 such uses are incompatible with the historic nature of

17 the property or with other provisions of this section.

18 (3) REVISIONARY INTEREST.—In addition to

19 any term or condition established pursuant to para20 graph (1), any conveyance of property comprising the

21 Heron Neck Lighthouse pursuant to subsection (a)

22 shall be subject to the condition that all right, title,

23 and interest in and to the property so conveyed shall

24 immediately revert to the United States if the prop25 erty, or any part thereof—
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1 (A) ceases to be used as a nonprofit center

2 for educational, historic, recreational, and cul3 tural programs open to and for the benefit of the

4 general public;

5 (B) ceases to be maintained in a manner

6 that ensures its present or future use as a Coast

7 Guard aid to navigation; or

8 (C) ceases to be maintained in a manner

9 consistent with the provisions of the National

10 Historic Preservation Act of 1966 (U.S.C. 470 et

11 seq.).

12 (4) REQUIRED CONDITIONS.—Any conveyance of

13 property pursuant to this section shall be made sub14 ject to such conditions as the Secretary considers to

15 be necessary to assure that—

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

17 associated lighthouse equipment located on the

18 property conveyed, which are active aids to navi19 gation, shall continue to be operated and main20 tained by the United States Government for as

21 long as they are needed for this purpose;

22 (B) the Island Institute may not interfere

23 or allow interference in any manner with such

24 aids to navigation without express written per25 mission from the Secretary;
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1 (C) there is reserved to the United States

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

3 navigation or make any changes on any prop4 erty as may be necessary for navigation pur5 poses;

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

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

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

12 of maintaining the aids to navigation in use on

13 the property.

14 (5) MAINTENANCE OBLIGATION.—The Island In15 stitute shall not have any obligation to maintain any

16 active aid to navigation equipment on property con17 veyed pursuant to subsection (a).

18 (c) PROPERTY TO BE MAINTAINED IN ACCORDANCE

19 WITH CERTAIN LAWS.—The Island Institute shall main20 tain the Heron Neck Lighthouse in accordance with the Pro21 visions of the National Historic Preservation Act of 1966

22 (16 U.S.C. et seq.) and other applicable laws.

23 (d) DEFINITIONS.—For purposes of this section, the

24 term ‘‘Heron Neck Lighthouse’’ means the Coast Guard
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1 lighthouse located on Green Island, Vinalhaven, Maine, in2 cluding—

3 (1) the attached keeper’s dwelling, ancillary

4 buildings, and associated fog signal, and boat ramp;

5 and

6 (2) such land as may be necessary to enable the

7 Island Institute to operate at that lighthouse a non8 profit center for public benefit.

9 SEC. 327. BURNT COAT HARBOR LIGHTHOUSE.

10 (a) AUTHORITY TO TRANSFER.—

11 (1) IN GENERAL.—The Secretary of Transpor12 tation shall convey by any appropriate means to the

13 Town of Swan’s Island, Swans Island, Maine, all

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

15 to property comprising the Burnt Coat Harbor Light16 house.

17 (2) IDENTIFICATION OF PROPERTY.—The Sec18 retary may identify, describe, and determine property

19 conveyed pursuant to this subsection.

20 (b) TERMS AND CONDITIONS.—

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

22 pursuant to subsection (a) shall be made—

23 (A) without payment of consideration; and

24 (B) subject to such terms and conditions as

25 the Secretary may consider appropriate.
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1 (2) USE OF PROPERTY.—The property conveyed

2 pursuant to subsection (a) may be used for edu3 cational, historic, recreational, and cultural programs

4 open to and for the benefit of the general public.

5 Theme displays, museums, gift shops, open exhibits,

6 meeting rooms, and an office and quarters for person7 nel in connection with security and administration of

8 the property are expressly authorized. Other uses not

9 inconsistent with the foregoing uses are permitted un10 less the Secretary shall reasonably determine that

11 such uses are incompatible with the historic nature of

12 the property or with other provisions of this section.

13 (3) REVERSIONARY INTEREST.—In addition to

14 any term or condition established pursuant to para15 graph (1), any conveyance of property comprising the

16 Heron Neck Lighthouse pursuant to subsection (a)

17 shall be subject to the condition that all right, title,

18 and interest in and to the property so conveyed shall

19 immediately revert to the United States if the prop20 erty, or any part thereof—

21 (A) ceases to be used as a nonprofit center

22 for public benefit for the interpretation and pres23 ervation of the material culture of the United

24 States Coast Guard and the maritime history of

25 the State of Maine;
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1 (B) ceases to be maintained in a manner

2 that ensures its present or future use as a Coast

3 Guard aid to navigation; or

4 (C) ceases to be maintained in a manner

5 consistent with the provisions of the National

6 Historic Preservation Act of 1966 (U.S.C. 470 et

7 seq.).

8 (4) REQUIRED CONDITIONS.—Any conveyance of

9 property pursuant to this section shall be made sub10 ject to such conditions as the Secretary considers to

11 be necessary to assure that—

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

13 associated lighthouse equipment located on the

14 property conveyed, which are active aids to navi15 gation, shall continue to be operated and main16 tained by the United States Government for as

17 a long as they are needed for this purpose;

18 (B) the Town of Swan’s Island may not

19 interfere or allow interference in any manner

20 with such aids to navigation without express

21 written permission from the Secretary;

22 (C) there is reserved to the United States

23 the right to relocate, replace, or add any aids to

24 navigation or make any changes on any prop-
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1 erty as may be necessary for navigation pur2 poses;

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

4 at any time, to enter such property without no5 tice for the purpose of maintaining aids to navi6 gation; and

7 (E) the United States shall have an ease8 ment of access to such property for the purpose

9 of maintaining the aids to navigation in use on

10 the property.

11 (5) MAINTENANCE OBLIGATION.—The Town of

12 Swan’s Island shall not have any obligation to main13 tain any active aid to navigation equipment on prop14 erty conveyed pursuant to subsection (a).

15 (c) PROPERTY TO BE MAINTAINED IN ACCORDANCE

16 WITH CERTAIN LAWS.—The Town of Swan’s Island shall

17 maintain the Burnt Coat Harbor Lighthouse in accordance

18 with the Provisions of the National Historic Preservation

19 Act of 1966 (16 U.S.C. et seq.) and other applicable laws.

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

21 term ‘‘Burnt Coat Harbor Lighthouse’’ means the Coast

22 Guard lighthouse located on Swans Island, Maine, includ23 ing the keeper’s dwelling, oil house, bell tower and such

24 lands as may be necessary to enable the Swan’s Island Edu-
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1 cational Society to operate at the lighthouse a nonprofit

2 center for public benefit.

3 TITLE IV—EMPLOYMENT AND DISCHARGE

4 SEC. 401. SHIPPING ARTICLES AGREEMENTS.

5 Section 10302 of title 46, United States Code, is

6 amended—

7 (1) by amending subsection (a) to read as fol8 lows:

9 ‘‘(a) The owner, charterer, managing operator, master,

10 or individual in charge shall make a shipping agreement

11 in writing with each seaman before the seaman commences

12 employment.’’; and

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

15 ‘‘(c) Each shipping agreement must be signed by the

16 master or individual in charge or a representative of the

17 owner, charterer, or managing operator, and by each sea18 man employed.

19 ‘‘(d) The owner, charterer, managing operator, master,

20 or individual in charge shall maintain the shipping agree21 ment and make the shipping agreement available to the sea22 man.’’.
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1 SEC. 402. FORM OF AGREEMENTS.

2 Section 10304 of title 46, United States Code, is

3 amended by striking ‘‘Shipping commissioner’s signature

4 or initials’’ from the form.

5 SEC. 403. MANNER OF SIGNING AGREEMENTS.

6 Section 10305 of title 46, United States Code, is

7 amended—

8 (1) in subsection (a)(2), by striking ‘‘a shipping

9 commissioner’’ and inserting in lieu thereof ‘‘the mas10 ter or individual in charge’’;

11 (2) by striking ‘‘(a)’’; and

12 (3) by striking subsections (b) and (c).

13 SEC. 404. EXHIBITING MERCHANT MARINERS’ DOCUMENTS.

14 Section 10306 of title 46, United States Code, is

15 amended by striking ‘‘shipping commissioner’’ and insert16 ing in lieu thereof ‘‘master or individual in charge’’.

17 SEC. 405. REPEAL OF PENALTY FOR FAILURE TO POST

18 AGREEMENT.

19 Section 10307 of title 46, United States Code, is

20 amended by striking the last sentence.

21 SEC. 406. REPEAL OF PENALTY RELATING TO ENGAGING

22 SEAMEN OUTSIDE UNITED STATES.

23 Section 10308 of title 46, United States Code, is

24 amended by striking ‘‘(a)’’ and by striking subsection (b).
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1 SEC. 407. REPEAL OF PENALTY RELATING TO ENGAGING

2 REPLACEMENT SEAMEN; APPLICATION OF RE3 QUIREMENTS.

4 Section 10309 of title 46, United States Code, is

5 amended by striking subsection (b) and redesignating sub6 section (c) as subsection (b).

7 SEC. 408. ACCOUNTING OF WAGES AND DEDUCTIONS AT

8 PAYOFF OR DISCHARGE.

9 Section 10310 of title 46, United States Code, is

10 amended by striking ‘‘or a shipping commissioner’’ in the

11 first sentence and by striking the last sentence.

12 SEC. 409. CERTIFICATES OF DISCHARGE.

13 Section 10311 of title 46, United States Code, is

14 amended—

15 (1) in subsection (a), by striking ‘‘shipping com16 missioner’’ and inserting in lieu thereof ‘‘master or

17 individual in charge’’;

18 (2) in subsection (b), by striking the last sentence

19 and inserting in lieu thereof ‘‘The certificate shall be

20 signed by the master and the seaman.’’;

21 (3) in subsection (d)(1), by striking ‘‘Secretary’’

22 and inserting in lieu thereof ‘‘owner, charterer, man23 aging operator, master, or individual in charge’’; and

24 (4) in subsection (d)(2), by striking ‘‘at a cost

25 prescribed by regulation’’ and inserting in lieu thereof

26 ‘‘at the request of the seaman’’.
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1 SEC. 410. SETTLEMENTS ON DISCHARGE.

2 Section 10312 of title 46, United States Code, is

3 amended to read as follows:

4 ‘‘§ 10312. Settlements on discharge

5 ‘‘When discharge and settlement are completed, the

6 master, individual in charge, or owner and each seaman

7 shall sign the agreement required by section 10302 of this

8 title.’’.

9 SEC. 411. RECORDS OF SEAMEN.

10 Section 10320 of title 46, United States Code, is

11 amended to read as follows:

12 ‘‘§ 10320. Records of seamen

13 ‘‘The Secretary shall prescribe regulations requiring

14 vessel owners to maintain records of seamen on matters of

15 engagement, discharge, and service. A vessel owner shall

16 make these records available to the seaman and the Coast

17 Guard on request.’’.

18 SEC. 412. GENERAL PENALTY.

19 Section 10321 of title 46, United States Code, is

20 amended to read as follows:

21 ‘‘§ 10321. General penalty

22 ‘‘(a) A person violating any provision of this chapter

23 or a regulation prescribed under this chapter is liable to

24 the United States Government for a civil penalty of not

25 more than $5,000.
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1 ‘‘(b) The vessel is liable in rem for any penalty assessed

2 under this section.’’.

3 SEC. 413. SHIPPING ARTICLES AGREEMENTS.

4 Section 10502 of title 46, United States Code, is

5 amended—

6 (1) by amending subsection (a) to read as fol7 lows:

8 ‘‘(a) The owner, charterer, managing operator, master,

9 or individual in charge shall make a shipping agreement

10 in writing with each seaman before the seaman commences

11 employment.’’.

12 (2) by adding at the end the following new sub13 sections:

14 ‘‘(d) Each shipping agreement must be signed by the

15 master or individual in charge or a representative of the

16 owner, charterer, or managing operator, and by each sea17 man employed.

18 ‘‘(e) The owner, charterer, managing operator, master,

19 or individual in charge shall maintain the shipping agree20 ment and make the shipping agreement available to the sea21 man.

22 ‘‘(f) The Secretary shall prescribe regulations requir23 ing shipping companies to maintain records of seamen on

24 matters of engagement, discharge, and service. The shipping
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1 companies shall make these records available to the seaman

2 and the Coast Guard on request.’’.

3 SEC. 414. ADVANCES.

4 Section 10505 of title 46, United States Code, is

5 amended—

6 (1) in subsection (a)(2), by striking ‘‘$100’’ and

7 inserting in lieu thereof ‘‘$5,000’’; and

8 (2) in subsection (b), by striking ‘‘$500’’ and in9 serting in lieu thereof ‘‘$5,000’’.

10 SEC. 415. DUTIES OF SHIPPING COMMISSIONERS.

11 (a) REPEAL.—Section 10507 of title 46, United States

12 Code, is repealed.

13 (b) CONFORMING AMENDMENT.—The analysis at the

14 beginning of chapter 105 of title 46, United States Code,

15 is amended by striking the item relating to section 10507.

16 SEC. 416. GENERAL PENALTIES.

17 Section 10508(b) is amended by striking ‘‘$20’’ and

18 inserting in lieu thereof ‘‘not more than $5,000’’.

19 SEC. 417. GENERAL REPORT REQUIREMENT.

20 Section 10103(a) of title 46, United States Code, is

21 amended—

22 (1) by striking ‘‘without a shipping commis23 sioner being present’’; and

24 (2) by inserting ‘‘to the vessel owner’’ imme25 diately after ‘‘shall submit reports’’.
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1 SEC. 418. PROCEDURES OF MASTERS REGARDING SEAMAN’S

2 EFFECTS.

3 Section 10703 of title 46, United States Code, is

4 amended—

5 (1) in subsection (a), by striking ‘‘by regulations

6 prescribed by the Secretary’’ and inserting in lieu

7 thereof ‘‘in section 10706 of this title’’;

8 (2) in subsection (b), by striking ‘‘as prescribed

9 by regulations’’ and inserting in lieu thereof ‘‘to a

10 district court of the United States’’; and

11 (3) in subsection (c), by striking ‘‘subsection (a)

12 of this section’’ and inserting in lieu thereof ‘‘section

13 10706 of this title’’.

14 SEC. 419. SEAMEN DYING IN UNITED STATES.

15 Section 10706 of title 46, United States Code, is

16 amended by striking at the end ‘‘as provided by regulations

17 prescribed by the Secretary.’’ and inserting in lieu thereof

18 ‘‘to a district court of the United States within one week

19 of the seaman’s death. If the seaman’s death occurs at sea,

20 such money, property, or wages shall be delivered to a dis21 trict court or a consular officer within one week of the ves22 sel’s arrival at the first port call after the seaman’s death.’’.

23 SEC. 420. DELIVERY TO DISTRICT COURT.

24 (a) REPEAL.—Section 10707 of title 46, United States

25 Code, is repealed.
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1 (b) AMENDMENT TO CHAPTER ANALYSIS.—The analy2 sis at the beginning of chapter 107 of title 46, United States

3 Code, is amended by striking the item relating to section

4 10707.

5 SEC. 421. DISPOSAL OF FORFEITURES.

6 Section 11505 of title 46, United States Code, is

7 amended—

8 (1) in subsection (a), by striking the last sen9 tence and inserting in lieu thereof ‘‘The balance shall

10 be transferred to the appropriate district court of the

11 United States when the voyage is completed.’’; and

12 (2) in subsection (b), by striking the first sen13 tence.

14 SEC. 422. CONFORMING AMENDMENTS.

15 (a) DUTIES OF MASTERS.—Section 10702(b) of title

16 46, United States Code, is amended by striking ‘‘a shipping

17 commissioner’’ and inserting in lieu thereof ‘‘the consular

18 officer or court clerk’’.

19 (b) COMPLAINTS OF UNFITNESS.—Section 10902(b) of

20 title 46, United States Code, is amended—

21 (1) in paragraph (1)—

22 (A) by inserting ‘‘Secretary,’’ immediately

23 after ‘‘The complaint may be made to the’’;

24 (B) by striking ‘‘Coast Guard shipping

25 commissioner,’’; and
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1 (2) in paragraphs (2) and (3), by striking ‘‘The

2 officer, commissioner,’’ each place it appears and in3 serting in lieu thereof ‘‘The Secretary, officer,’’.

4 (c) SHIPPING COMMISSIONER DESIGNATIONS AND DU5 TIES.—(1) Section 10102 of title 46, United States Code,

6 is repealed.

7 (2) The analysis at the beginning of chapter 101 is

8 amended by striking the item relating to section 10102.

9 TITLE V—PASSENGER VESSEL SAFETY

10 SEC. 501. SHORT TITLE.

11 This title may be cited as the ‘‘Passenger Vessel Safety

12 Act of 1993’’.

13 SEC. 502. PASSENGER.

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

15 amended to read as follows:

16 ‘‘(21) ‘passenger’—

17 ‘‘(A) means an individual carried on the

18 vessel except—

19 ‘‘(i) the owner or an individual rep20 resentative of the owner or, in the case of a

21 vessel under charter, an individual

22 charterer or individual representative of the

23 charterer;

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

2 the business of the vessel who has not con3 tributed consideration for carriage and who

4 is paid for on board services.

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

6 individual carried on the vessel except—

7 ‘‘(i) an individual included in clause

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

9 paragraph;

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

11 subcontractor to the owner, engaged in the

12 business of the owner;

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

14 of a subcontractor to the charterer, engaged

15 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 fishing vessel, fish processing vessel,

21 or fish tender vessel, means an individual car22 ried on the vessel except—

23 ‘‘(i) an individual included in clause

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

25 paragraph;
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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 the

4 business of the owner;

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

6 of a subcontractor to the charterer, engaged

7 in the business of the charterer; or

8 ‘‘(v) an observer or sea sampler on

9 board the vessel pursuant to a requirement

10 of State or Federal law.

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

12 individual carried on the vessel except—

13 ‘‘(i) an individual included in clause

14 (i), (ii), or (iii) of subparagraph (A) of this

15 paragraph;

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

17 vessel engaged in the business of the owner,

18 except when the vessel is operating under a

19 demise charter;

20 ‘‘(iii) an employee of the demise

21 charterer of the vessel engaged in the busi22 ness of the demise charterer; or

23 ‘‘(iv) a sailing school instructor or

24 sailing school student.’’.
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1 SEC. 503. PASSENGER VESSEL.

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

3 amended to read as follows:

4 ‘‘(22) ‘passenger vessel’ means vessel of at least

5 100 gross tons—

6 ‘‘(A) carrying more than 12 passengers, in7 cluding at least one passenger for hire;

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

9 than 12 passengers; or

10 ‘‘(C) that is a submersible vessel carrying at

11 least one passenger for hire.’’.

12 SEC. 504. SMALL PASSENGER VESSEL.

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

14 amended to read as follows:

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

16 less than 100 gross tons—

17 ‘‘(A) carrying more than 6 passengers, in18 cluding at least one passenger for hire;

19 ‘‘(B) that is chartered with the crew pro20 vided or specified by the owner or the owner’s

21 representative and carrying more than 6 pas22 sengers;

23 ‘‘(C) that is chartered with no crew pro24 vided or specified by the owner or the owner’s

25 representative and carrying more than 12 pas26 sengers; or
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1 ‘‘(D) that is a submersible vessel carrying

2 at least one passenger for hire.’’.

3 SEC. 505. UNINSPECTED PASSENGER VESSEL.

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

5 amended to read as follows:

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

7 uninspected vessel—

8 ‘‘(A) of at least 100 gross tons—

9 ‘‘(i) carrying not more than 12 pas10 sengers, including at least one passenger for

11 hire; or

12 ‘‘(ii) that is chartered with the crew

13 provided or specified by the owner or the

14 owner’s representative and carrying not

15 more than 12 passengers; and

16 ‘‘(B) of less than 100 gross tons—

17 ‘‘(i) carrying not more than 6 pas18 sengers, including at least one passenger for

19 hire; or

20 ‘‘(ii) that is chartered with the crew

21 provided or specified by the owner or the

22 owner’s representative and carrying not

23 more than 6 passengers.’’.
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1 SEC. 506. PASSENGER FOR HIRE.

2 Section 2101 of title 46, United States Code, is amend3 ed by inserting between paragraphs (21) and (22) a new

4 paragraph (21a) to read as follows:

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

6 whom consideration is contributed as a condition of

7 carriage on the vessel, whether directly or indirectly

8 flowing to the owner, charterer, operator, agent, or

9 any other person having an interest in the vessel.’’.

10 SEC. 507. CONSIDERATION.

11 Section 2101 of title 46, United States Code, is amend12 ed by inserting between paragraphs (5) and (6) a new para13 graph (5a) to read as follows:

14 ‘‘(5a) ‘consideration’ means an economic benefit,

15 inducement, right, or profit including pecuniary pay16 ment accruing to an individual, person, or entity, but

17 not including a voluntary sharing of the actual ex18 penses of the voyage, by monetary contribution or do19 nation of fuel, food, beverage, or other supplies.’’.

20 SEC. 508. OFFSHORE SUPPLY VESSEL.

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

22 amended by inserting ‘‘individuals in addition to the

23 crew,’’ immediately after ‘‘supplies,’’ and by striking every24 thing after ‘‘resources’’ to the period at the end.
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1 SEC. 509. SAILING SCHOOL VESSEL.

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

3 amended in subparagraph (B) by striking ‘‘at least 6’’ and

4 substituting ‘‘more than 6’’.

5 SEC. 510. SUBMERSIBLE VESSEL.

6 Section 2101 of title 46, United States Code, is amend7 ed by inserting between paragraphs (37) and (38) a new

8 paragraph (37a) to read as follows:

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

10 capable of operating below the surface of the water.’’.

11 SEC. 511. GENERAL PROVISION.

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

13 amended to read as follows:

14 ‘‘§ 2113. Authority to exempt certain vessels

15 ‘‘If the Secretary decides that the application of a pro16 vision of part B, C, F, or G of this subtitle is not necessary

17 in performing the mission of the vessel engaged in excur18 sions or an oceanographic research vessel, or not necessary

19 for the safe operation of certain vessels carrying passengers,

20 the Secretary by regulation may—

21 ‘‘(1) for a vessel, issue a special permit specify22 ing the conditions of operation and equipment;

23 ‘‘(2) exempt an oceanographic research vessel

24 from that provision under conditions the Secretary

25 may specify;
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1 ‘‘(3) establish different operating and equipment

2 requirements for vessels defined in section

3 2101(42)(A) of this title;

4 ‘‘(4) establish different structural fire protection,

5 manning, operating, and equipment requirements for

6 vessels of at least 100 gross tons but less than 300

7 gross tons carrying not more than 150 passengers on

8 domestic voyages if the owner of the vessel—

9 ‘‘(A) makes application for inspection to the

10 Coast Guard within 6 months of the date of en11 actment of the Passenger Vessel Safety Act of

12 1993; and

13 ‘‘(B) provides satisfactory documentation

14 that the vessel was chartered at least once within

15 the previous 12 months prior to the date of en16 actment of that Act; and

17 ‘‘(5) establish different structural fire protection,

18 manning, operating, and equipment requirements for

19 former public vessels of the United States of at least

20 100 gross tons but less than 500 gross tons, carrying

21 not more than 150 passengers on domestic voyages, if

22 the owner of the vessel—

23 ‘‘(A) makes application for inspection to the

24 Coast Guard within 6 months of the date of en-
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1 actment of the Passenger Vessel Safety Act of

2 1993; and

3 ‘‘(B) provides satisfactory documentation

4 that the vessel was chartered at least once within

5 the previous 12 months prior to the date of en6 actment of that Act.’’.

7 (b) Section 4105 of title 46, United States Code, is

8 amended—

9 (1) by inserting ‘‘(a)’’ before the text; and

10 (2) by adding a new subsection (b) to read as

11 follows:

12 ‘‘(b) Within twenty-four months of the date of enact13 ment of this subsection, the Secretary shall, by regulation,

14 require certain additional equipment which may include

15 liferafts or other lifesaving equipment, construction stand16 ards, or specify additional operating standards for those

17 uninspected passenger vessels defined in section

18 2101(42)(A) of this title.’’.

19 SEC. 512. EQUIPMENT AND STANDARDS FOR CERTAIN PAS20 SENGER VESSELS.

21 (a) Section 3306 of title 46, United States Code, is

22 amended by adding at the end of the following new sub23 sections:

24 ‘‘(h) The Secretary shall establish appropriate struc25 tural fire protection, manning, operating, and equipment
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1 requirements for vessels of at least 100 gross tons but less

2 than 300 gross tons carrying not more than 150 passengers

3 on domestic voyages, which meet the eligibility criteria of

4 section 2113(4) of this title.

5 ‘‘(i) The Secretary shall establish appropriate struc6 tural fire protection, manning, operating, and equipment

7 requirements for former public vessels of the United States

8 of at least 100 gross tons but less than 500 gross tons carry9 ing not more than 150 passengers on domestic voyages,

10 which meet the eligibility criteria of section 2113(5) of this

11 title.’’.

12 (b) The Secretary of Transportation shall, within

13 twenty-four months of the date of enactment of this Act,

14 prescribe regulations establishing the structural fire protec15 tion, manning, operating, and equipment requirements for

16 vessels which meet the requirements of subsections (h) and

17 (i) of section 3306 of title 46, United States Code, as

18 amended by this Act.

19 (c) Before the Secretary of Transportation prescribes

20 regulations under subsections (h) and (i) of section 3306

21 of title 46, United States Code, as amended by this Act,

22 the Secretary may prescribe the route, service, manning,

23 and equipment for those vessels based on existing passenger

24 vessel and small passenger vessel regulations.
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1 SEC. 513. APPLICABILITY DATE FOR REVISED REGULA2 TIONS.

3 (a) APPLICABILITY DATE FOR CERTAIN CHARTERED

4 VESSELS.—Revised regulations governing small passenger

5 vessels and passenger vessels (as the definitions of those

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

7 amended by this Act) shall not, before the date that is 6

8 months after the date of enactment of this Act apply to such

9 vessels when chartered with no crew provided.

10 (b) EXTENSION OF PERIOD.—The Secretary of the de11 partment in which the Coast Guard is operating shall ex12 tend for up to 30 additional months or until issuance of

13 a certificate of inspection, whichever occurs first, the period

14 of inapplicability specified in subsection (a) if the owner

15 of the vessel concerned carries out the provisions of sub16 section (c) to the satisfaction of the Secretary.

17 (c) CONDITIONS FOR EXTENSION.—To receive an ex18 tension authorized by subsection (b), the owner of the vessel

19 shall—

20 (1) make application for inspection with the

21 Coast Guard within 6 months after the date of enact22 ment of this Act;

23 (2) make the vessel available for examination by

24 the Coast Guard prior to the carriage of passengers;

25 (3)(A) correct especially any hazardous condi26 tions involving the vessel’s structure, electrical system,
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1 and machinery installation, such as (i) grossly inad2 equate, missing, unsound, or severely deteriorated

3 frames or major structural members; (ii) wiring sys4 tems or electrical appliances without proper ground5 ing or overcurrent protection; and (iii) significant

6 fuel or exhaust system leaks;

7 (B) equip the vessel with lifesaving and fire

8 fighting equipment, or the portable equivalent, re9 quired for the route and number of persons carried;

10 and

11 (C) verify through stability tests, calculations, or

12 other practical means (which may include a history

13 of safe operations) that the vessel’s stability is satis14 factory for the size, route, and number of passengers;

15 and

16 (4) develop a work plan approved by the Coast

17 Guard to complete in a good faith effort all require18 ments necessary for issuance of a certificate of inspec19 tion as soon as practicable.

20 (d) OPERATION OF VESSEL DURING EXTENSION PE21 RIOD.—The owner of a vessel receiving an extension under

22 this section shall operate the vessel under the conditions of

23 route, service, number of passengers, manning, and equip24 ment as may be prescribed by the Coast Guard for the exten25 sion period.
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1 TITLE VI—DOCUMENTATION OF VESSELS

2 SEC. 601. DOCUMENTATION OF VESSELS.

3 (a) Notwithstanding section 27 of the Merchant Ma4 rine Act, 1920 (46 App. U.S.C. 883), the Act of June 19,

5 1886 (46 App. U.S.C. 289), and section 12106 of title 46,

6 United States Code, the Secretary of Transportation may

7 issue certificates of documentation with a coastwise endorse8 ment for the following vessels:

9 (1) ABORIGINAL (United States official num10 ber 942118).

11 (2) AFTERSAIL (United States official number

12 689427).

13 (3) ALEXANDRIA (United States official num14 ber 586490).

15 (4) AMANDA (Michigan registration number

16 MC–1125–FR).

17 (5) ARBITRAGE II (United States official

18 number 962861).

19 (6) ARIEL (United States official number

20 954762).

21 (7) BRANDARIS (former United States official

22 number 263174).

23 (8) COMPASS ROSE (United States official

24 number 695865).
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1 (9) DIXIE (United States official number

2 513159).

3 (10) ELISSA (United States official number

4 697285).

5 (11) EMERALD PRINCESS (former United

6 States official number 530095).

7 (12) ENTERPRISE (United States official

8 number 692956).

9 (13) EUROPA STAR (former United States offi10 cial number 588270).

11 (14) EUROPA SUN (former United States offi12 cial number 596656).

13 (15) GAZELA OF PHILADELPHIA (Penn14 sylvania registration number PA–4339–AF).

15 (16) GUSTO (United States official number

16 624951).

17 (17) GRAY (Connecticut registration number

18 CT–5944–AJ).

19 (18) GRIZZLY PROCESSOR (Canadian offi20 cial number 369183).

21 (19) GYPSY COWBOY (United States official

22 number 550771).

23 (20) IMPATIENT LADY (United States official

24 number 553952).
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1 (21) INTREPID DRAGON II (United States of2 ficial number 548109).

3 (22) ISLAND GIRL (United States official

4 number 674840).

5 (23) JULIET (Michigan registration number

6 MC–1669–LM).

7 (24) KALENA (Hawaii registration number

8 HA–1923–E).

9 (25) LAURISA (United States official number

10 924052).

11 (26) LIBBY ROSE (United States official num12 ber 236976).

13 (27) LISERON (United States official number

14 971339).

15 (28) MARINE STAR (United States official

16 number 248329).

17 (29) MARINER (United States official number

18 285452).

19 (30) MARY B (Kentucky registration number

20 KY–0098–HX).

21 (31) MOONSHINE (United States official num22 ber 974226).

23 (32) MYSTIQUE (United States official number

24 921194).
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1 (33) NORTHERN LIGHT (United States offi2 cial number 237510).

3 (34) PAI NUI (Hawaii registration number

4 HA–6949–D).

5 (35) PANDACEA (United States official number

6 665892).

7 (36) PELICAN (United States official number

8 234959).

9 (37) PLAY PRETTY (United States official

10 number 975346).

11 (38) PRINCE OF TIDES II (United States offi12 cial number 903858).

13 (39) RANGOON RUBY (Hawaii registration

14 number HA–5636–B).

15 (40) RBOAT (United States official number

16 563955).

17 (41) SABLE (Massachusetts registration number

18 MS–1841–AM).

19 (42) SERENA (United States official number

20 965317).

21 (43) SHILOH (United States official number

22 902675).

23 (44) SIDEWINDER (United States official

24 number 991719).
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1 (45) SWELL DANCER (United States official

2 number 622046).

3 (46) TESSA (United States official number

4 675130).

5 (47) TOP DUCK (United States official number

6 990973).

7 (48) VIKING (United States official number

8 286080).

9 (49) WHIT CON TIKI (United States official

10 number 663823).

11 (b) Notwithstanding section 27 of the Merchant Marine

12 Act, 1920 (46 App. U.S.C. 883) or any other law restricting

13 a foreign-flag vessel from operating in the coastwise trade,

14 the foreign-flag vessel H851 may engage in the coastwise

15 trade to transport an offshore drilling platform jacket from

16 a place near Aransas Pass, Texas, to a site on the Outer

17 Continental Shelf known as Viosca Knoll 989.

18 (c) Notwithstanding section 27 of the Merchant Marine

19 Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886

20 (46 App. U.S.C. 289), and sections 12106 and 12107 of title

21 46, United States Code, the Secretary of Transportation

22 may issue certificates of documentation with a coastwise

23 and Great Lakes endorsement for the vessels LADY CHARL

24 II (United States official number 541399) and LINETTE

25 (United States official number 654318).
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1 (d) Notwithstanding section 27 of the Merchant Ma2 rine Act, 1920 (46 App. U.S.C. 883), the Act of June 19,

3 1886 (46 App. U.S.C. 289), and section 12106 of title 46,

4 United States Code, the Secretary of Transportation may

5 issue a certificate of documentation with a coastwise en6 dorsement for the vessel M/V TWIN DRILL (Panama offi7 cial number 8536–PEXT–2) if—

8 (1) the vessel undergoes a major conversion (as

9 defined in section 2101 of title 46, United States

10 Code) in a United States shipyard;

11 (2) the cost of the major conversion is more than

12 three times the purchase value of the vessel before the

13 major conversion;

14 (3) the major conversion is completed and the

15 vessel is documented under chapter 121 of title 46,

16 United States Code, with a coastwise endorsement be17 fore June 30, 1995;

18 (4) the person documenting the vessel contracts

19 with a United States shipyard to construct an addi20 tional vessel of equal or greater capacity within 12

21 months of the date of enactment of this Act, for deliv22 ery within 36 months of the date of such contract;

23 (5) the additional vessel is documented under

24 chapter 121 of title 46, United States Code imme25 diately after it is constructed.
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1 (e) Notwithstanding sections 12106 and 12108 of title

2 46, United States Code, the act of June 19, 1886 (46 App.

3 U.S.C. 289), and section 27 of the Merchant Marine Act,

4 1920 (46 App. U.S.C. 883), the Secretary of Transportation

5 may issue a certificate of documentation with a coastwise

6 and fishery endorsement for the vessel REEL CLASS (Ha7 waii registration number HA–6566–E).

8 (f) Notwithstanding section 12108 of title 46, United

9 States Code, the Secretary of Transportation may issue a

10 certificate of documentation with a fishery endorsement for

11 the vessel DA WARRIOR (United States official number

12 962231).

13 (g) Notwithstanding any other law or any agreement

14 with the United States Government, the vessels UST AT15 LANTIC (United States official number 601437) and UST

16 PACIFIC (United States official number 613131) may be

17 sold to a person that is not a citizen of the United States

18 and transferred to or placed under a foreign registry.

19 (h) Notwithstanding any other law, the vessel AMY

20 CHOUEST (United States official number 995631) is

21 deemed to be less than 500 gross tons, as measured under

22 chapter 145 of title 46, United States Code, for purposes

23 of the maritime laws of the United States.

24 (i) Notwithstanding section 27 of the Merchant Marine

25 Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886
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1 (46 App. U.S.C. 289), and section 12106 of title 46, United

2 States Code, the Secretary of Transportation may issue a

3 certificate of documentation for the following vessels:

4 (1) PRINCESS XANADU OF MONACO (Unit5 ed States official number 660847).

6 (2) INSPIRATION (United States official num7 ber 277099).

8 (3) VENUS (United States official number

9 547419).

10 (4) LATER (United States official number

11 615732).

12 (5) MATCH MAKER (United States official

13 number 908725).

14 TITLE VII—MISCELLANEOUS FISHERY

15 PROVISIONS

16 SEC. 701. GOVERNING INTERNATIONAL FISHERIES AGREE17 MENT.

18 The Agreement between the Government of the United

19 States of America and the Government of the Russian Fed20 eration on Mutual Fisheries Relations which was entered

21 into on May 31, 1988, and which expired by its terms on

22 October 28, 1993, may be brought into force again for the

23 United States through an exchange of notes between the

24 United States of America and the Russian Federation and

25 may remain in force and effect on the part of the United
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1 States until May 1, 1994, and may be amended or extended

2 by a subsequent agreement to which section 203 of the Mag3 nuson Fishery Conservation and Management Act (16

4 U.S.C. 1823) applies.

5 SEC. 702. SHRIMP TRAWL FISHERY.

6 Section 304(g)(6)(B) of the Magnuson Fishery Con7 servation and Management Act (16 U.S.C. 1854(g)(6)(B))

8 is amended by striking ‘‘January 1, 1994’’ and inserting

9 ‘‘April 1, 1994’’.

10 SEC. 703. INTERNATIONAL FISHERY CONSERVATION IN THE

11 CENTRAL BERING SEA.

12 It is the sense of the Congress that—

13 (1) the United States should take appropriate

14 measures to conserve the resources of the Doughnut

15 Hole, a small enclave of international waters in the

16 central Bering Sea, encircled by the Exclusive Eco17 nomic Zones of the United States and the Russian

18 Federation;

19 (2) the United States should continue its pursuit

20 of an international agreement, consistent with its

21 rights as a coastal state, to ensure proper manage22 ment for future commercial viability of these natural

23 resources;

24 (3) the United States, working closely with the

25 Russian Federation should, in accordance with inter-
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1 national law and through multilateral consultations

2 or through other means, promote effective inter3 national programs for the implementation and en4 forcement of regulations of the fisheries by those na5 tions that fish in the Doughnut Hole;

6 (4) the United States nonetheless should be

7 mindful of its management responsibility in this re8 gard and of its rights in accordance with inter9 national law to fully utilize the stock within its own

10 exclusive economic zone;

11 (5) the United States should accept as an urgent

12 duty the need to conserve for future generations the

13 Aleutian Basin pollock stock and should carry out

14 that duty by taking all necessary measures, in accord15 ance with international law; and

16 (6) the United States should foster further multi17 lateral cooperation leading to international consensus

18 on management of the Donut Hole resources through

19 the fullest use of diplomatic channels and appropriate

20 domestic and international law and should explore all

21 other available options and means for conservation

22 and management of these living marine resources.

23 SEC. 704. NOAA FACILITIES IN KODIAK.

24 (a) Notwithstanding any other provision of law, the

25 Secretary of Commerce may enter into an agreement with
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1 the University of Alaska under the University may contract

2 for the engineering and design specifications of a facility

3 on Near Island in Kodiak, Alaska, that meets the long-term

4 space needs of National Oceanic and Atmospheric Adminis5 tration personnel currently located in Alaska.

6 (b) The Secretary may transfer available funds to the

7 University of Alaska to pay for such engineering and design

8 work if additional funds in an equal or greater amount

9 are made available from non-federal sources for such work.

10 TITLE VIII—ATLANTIC COASTAL

11 FISHERIES

12 SEC. 801. SHORT TITLE.

13 This title may be cited as the ‘‘Atlantic Coastal Fish14 eries Cooperative Management Act’’.

15 SEC. 802. FINDINGS AND PURPOSE.

16 (a) FINDINGS.—The Congress finds the following:

17 (1) Coastal fishery resources that migrate, or are

18 widely distributed, across the jurisdictional bound19 aries of two or more of the Atlantic States and of the

20 Federal Government are of substantial commercial

21 and recreational importance and economic benefit to

22 the Atlantic Coastal region and the Nation.

23 (2) Increased fishing pressure, environmental

24 pollution and the loss and alteration of habitat have
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1 reduced severely certain Atlantic Coastal fishery re2 sources.

3 (3) Because no single governmental entity has

4 exclusive management authority for Atlantic coastal

5 fishery resources, harvesting of such resources is fre6 quently subject to disparate, inconsistent, and inter7 mittent State and Federal regulation that has been

8 detrimental to the conservation and sustainable use of

9 such resources and to the interests of fishermen and

10 the Nation as a whole.

11 (4) The responsibility for managing Atlantic

12 coastal fisheries rests with the States, which carry out

13 a cooperative program of fishery oversight and man14 agement through the Atlantic States Marine Fisheries

15 Commission. It is the responsibility of the Federal

16 Government to support such cooperative interstate

17 management of coastal fishery resources.

18 (5) The failure by one or more Atlantic States

19 to fully implement a coastal fishery management plan

20 can affect the status of Atlantic coastal fisheries, and

21 can discourage other States from fully implementing

22 coastal fishery management plans.

23 (6) It is in the national interest to provide for

24 more effective Atlantic State fishery resource con25 servation and management.
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1 (b) PURPOSE.—The purpose of this title is to support

2 and encourage the development, implementation, and en3 forcement of effective interstate conservation and manage4 ment of Atlantic coastal fishery resources.

5 SEC. 803. DEFINITIONS.

6 In this title, the following definitions apply:

7 (1) The term ‘‘coastal fishery management plan’’

8 means a plan for managing a coastal fishery resource,

9 or an amendment to such plan, prepared and adopted

10 by the Commission, that—

11 (A) contains information regarding the sta12 tus of the resource and related fisheries;

13 (B) specifies conservation and management

14 actions to be taken by the States; and

15 (C) recommends actions to be taken by the

16 Secretary in the exclusive economic zone to con17 serve and manage the fishery.

18 (2) The term ‘‘coastal fishery resource’’ means

19 any fishery, any species of fish, or any stock of fish

20 that moves among, or is broadly distributed across,

21 waters under the jurisdiction of two or more States

22 or waters under the jurisdiction of one or more States

23 and the exclusive economic zone.

24 (3) The term ‘‘Commission’’ means the Atlantic

25 States Marine Fisheries Commission established
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1 under the interstate compact consented to and ap2 proved by the Congress in Public Laws 77–539 and

3 81–721.

4 (4) The term ‘‘conservation’’ means the restoring,

5 rebuilding, and maintaining of any coastal fishery

6 resource and the marine environment, in order to as7 sure the availability of coastal fishery resources on a

8 long-term basis.

9 (5) The term ‘‘Councils’’ means Regional Fishery

10 Management Councils established under section 302 of

11 the Magnuson Fishery Conservation and Management

12 Act (16 U.S.C. 1852).

13 (6) The term ‘‘exclusive economic zone’’ means

14 the exclusive economic zone of the United States estab15 lished by Proclamation Number 5030, dated March

16 10, 1983. For the purposes of this title, the inner

17 boundary of that zone is a line coterminous with the

18 seaward boundary of each of the coastal States, and

19 the outer boundary of that zone is a line drawn in

20 such manner that each point on its is 200 nautical

21 miles from the baseline from which the territorial sea

22 is measured.

23 (7) The term ‘‘fish’’ means finfish, mollusks,

24 crustaceans, and all other forms of marine animal life

25 other than marine mammals and birds.
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1 (8) The term ‘‘fishery’’ means—

2 (A) one or more stocks of fish that can be

3 treated as a unit for purposes of conservation

4 and management and that are identified on the

5 basis of geographical, scientific, technical, com6 mercial, recreational, or economic characteris7 tics; or

8 (B) any fishing for such stocks.

9 (9) The term ‘‘fishing’’ means—

10 (A) the catching, taking, or harvesting of

11 fish;

12 (B) the attempted catching, taking, or har13 vesting of fish;

14 (C) any other activity that can be reason15 ably expected to result in the catching, taking, or

16 harvesting of fish; or

17 (D) any operations at sea in support of, or

18 in preparation for, any activity described in

19 subparagraphs (A) through (C).

20 Such term does not include any scientific research ac21 tivity or the catching, taking, or harvesting of fish in

22 an aquaculture operation.

23 (10) The term ‘‘implement and enforce’’ means

24 to enact and implement laws or regulations as re25 quired to conform with the provisions of a coastal
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1 fishery management plan and to assure compliance

2 with such laws or regulations by persons participat3 ing in a fishery that is subject to such plan.

4 (11) The term ‘‘person’’ means any individual

5 (whether or not a citizen or national of the United

6 States), any corporation, partnership, association, or

7 other entity (whether or not organized or existing

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

9 local, or foreign government or any entity of any such

10 government.

11 (12) The term ‘‘Secretary’’ means the Secretary

12 of Commerce.

13 (13) The term ‘‘State’’ means Maine, New

14 Hampshire, Massachusetts, Rhode Island, Connecti15 cut, New York, New Jersey, Pennsylvania, Delaware,

16 Maryland, Virginia, North Carolina, South Carolina,

17 Georgia, Florida, the District of Columbia, or the Po18 tomac River Fisheries Commission.

19 SEC. 804. STATE-FEDERAL COOPERATION IN ATLANTIC

20 COASTAL FISHERY MANAGEMENT.

21 (a) FEDERAL SUPPORT FOR STATE COASTAL FISH22 ERIES PROGRAMS.—The Secretary in cooperation with the

23 Secretary of the Interior shall develop and implement a pro24 gram to support the interstate fishery management efforts

25 of the Commission. The program shall include activities to
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1 support and enhance State cooperation in collection, man2 agement, and analysis of fishery data; law enforcement;

3 habitat conservation; fishery research, including biological

4 and socioeconomic research; and fishery management plan5 ning.

6 (b) FEDERAL REGULATION IN EXCLUSIVE ECONOMIC

7 ZONE.—(1) In the absence of an approved and implemented

8 fishery management plan under the Magnuson Fishery

9 Conservation and Management Act (16 U.S.C. 1801 et seq.),

10 and after consultation with the appropriate Councils, the

11 Secretary may implement regulations to govern fishing in

12 the exclusive economic zone that are—

13 (A) necessary to support the effective imple14 mentation of a coastal fishery management plan;

15 and

16 (B) consistent with the national standards

17 set forth in section 301 of the Magnuson Fishery

18 Conservation and Management Act (16 U.S.C.

19 1851).

20 The regulations may include measures recommended by the

21 Commission to the Secretary that are necessary to support

22 the provisions of the coastal fishery management plan. Reg23 ulations issued by the Secretary to implement an approved

24 fishery management plan prepared by the appropriate

25 Councils or the Secretary under the Magnuson Fishery Con-
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1 servation and Management Act (16 U.S.C. 1801 et seq.)

2 shall supersede any conflicting regulations issued by the

3 Secretary under this subsection.

4 (2) The provisions of sections 307, 308, 309, 310, and

5 311 of the Magnuson Fishery Conservation and Manage6 ment Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861)

7 regarding prohibited acts, civil penalties, criminal offenses,

8 civil forfeitures, and enforcement shall apply with respect

9 to regulations issued under this subsection as if such regula10 tions were issued under the Magnuson Fishery Conservation

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

12 SEC. 805. STATE IMPLEMENTATION OF COASTAL FISHERY

13 MANAGEMENT PLANS.

14 (a) COASTAL FISHERY MANAGEMENT PLANS.—(1) The

15 Commission shall prepare and adopt coastal fishery man16 agement plans to provide for the conservation of coastal

17 fishery resources. In preparing a coastal fishery manage18 ment plan for a fishery that is located in both State waters

19 and the exclusive economic zone, the Commission shall con20 sult with appropriate Councils to determine areas where

21 such coastal fishery management plan may complement

22 Council fishery management plans. The coastal fishery

23 management plan shall specify the requirements necessary

24 for States to be in compliance with the plan. Upon adoption

25 of a coastal fishery management plan, the Commission shall
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1 identify each State that is required to implement and en2 force that plan.

3 (2) Within 1 year after the date of enactment of this

4 Act, the Commission shall establish standards and proce5 dures to govern the preparation of coastal fishery manage6 ment plans under this title, including standards and proce7 dures to ensure that—

8 (A) such plans promote the conservation of fish

9 stocks throughout their ranges and are based on the

10 best scientific information available; and

11 (B) the Commission provides adequate oppor12 tunity for public participation in the plan prepara13 tion process, including at least four public hearings

14 and procedures for the submission of written com15 ments to the Commission.

16 (b) STATE IMPLEMENTATION AND ENFORCEMENT.—

17 (1) Each State identified under subsection (a) with respect

18 to a coastal fishery management plan shall implement and

19 enforce the measures of such plan within the time frame

20 established in the plan.

21 (2) Within 90 days after the date of enactment of this

22 Act, the Commission shall establish a schedule of time

23 frames within which States shall implement and enforce the

24 measures of coastal fishery management plans in existence

25 before such date of enactment. No such time frame shall ex-
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1 ceed 12 months after the date on which the schedule is

2 adopted.

3 (c) COMMISSION MONITORING OF STATE IMPLEMENTA4 TION AND ENFORCEMENT.—The Commission shall, at least

5 annually, review each State’s implementation and enforce6 ment of coastal fishery management plans for the purpose

7 of determining whether such State is effectively implement8 ing and enforcing each such plan. Upon completion of such

9 reviews, the Commission shall report the results of the re10 views to the Secretaries.

11 SEC. 806. STATE NONCOMPLIANCE WITH COASTAL FISHERY

12 MANAGEMENT PLANS.

13 (a) NONCOMPLIANCE DETERMINATION.—The Commis14 sion shall determine that a State is not in compliance with

15 the provisions of a coastal fishery management plan if it

16 finds that the State has not implemented and enforced such

17 plan within the time frames established under the plan or

18 under section 805.

19 (b) NOTIFICATION.—Upon making any determination

20 under subsection (a), the Commission shall within 10 work21 ing days notify the Secretaries of such determination. Such

22 notification shall include the reasons for making the deter23 mination and an explicit list of actions that the affected

24 State must take to comply with the coastal fishery manage-
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1 ment plan. The Commission shall provide a copy of the no2 tification to the affected State.

3 (c) WITHDRAWAL OF NONCOMPLIANCE DETERMINA4 TION.—After making a determination under subsection (a),

5 the Commission shall continue to monitor State implemen6 tation and enforcement. Upon finding that a State has com7 plied with the actions required under subsection (b), the

8 Commission shall immediately withdraw its determination

9 of noncompliance. The Commission shall promptly notify

10 the Secretaries of such withdrawal.

11 SEC. 807. SECRETARIAL ACTION.

12 (a) SECRETARIAL REVIEW OF COMMISSION DETER13 MINATION OF NONCOMPLIANCE.—Within 30 days after re14 ceiving a notification from the Commission under section

15 806(b) and after review of the Commission’s determination

16 of noncompliance, the Secretary shall make a finding on—

17 (1) whether the State in question has failed to

18 carry out its responsibility under section 805; and

19 (2) if so, whether the measures that the State has

20 failed to implement and enforce are necessary for the

21 conservation of the fishery in question.

22 (b) CONSIDERATION OF COMMENTS.—In making a

23 finding under subsection (a), the Secretary shall—

24 (1) give careful consideration to the comments of

25 the State that the Commission has determined under
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1 section 806(a) is not in compliance with a coastal

2 fishery management plan, and provide such State,

3 upon request, with the opportunity to meet with and

4 present its comments directly to the Secretary; and

5 (2) solicit and consider the comments of the

6 Commission and the appropriate Councils.

7 (c) MORATORIUM.—(1) Upon making a finding under

8 subsection (a) that a State has failed to carry out its re9 sponsibility under section 805 and that the measures it

10 failed to implement and enforce are necessary for conserva11 tion, the Secretary shall declare a moratorium on fishing

12 in the fishery in question within the waters of the non13 complying State. The Secretary shall specify the morato14 rium’s effective date, which shall be any date within 6

15 months after declaration of the moratorium.

16 (2) If after a moratorium is declared under paragraph

17 (1) the Secretary is notified by the Commission that the

18 Commission is withdrawing under section 806(c) the deter19 mination of noncompliance, the Secretary shall imme20 diately determine whether the State is in compliance with

21 the applicable plan. If so, the moratorium shall be termi22 nated.

23 (d) IMPLEMENTING REGULATIONS.—The Secretary

24 may issue regulations necessary to implement this section.

25 Such regulations—
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1 (1) may provide for the possession and use of

2 fish which have been produced in an aquaculture op3 eration, subject to applicable State regulations; and

4 (2) shall allow for retention of fish that are sub5 ject to a moratorium declared under this section and

6 unavoidably taken as incidental catch in fisheries di7 rected toward menhaden if—

8 (A) discarding the retained fish is imprac9 ticable;

10 (B) the retained fish do not constitute a sig11 nificant portion of the catch of the vessel; and

12 (C) retention of the fish will not, in the

13 judgment of the Secretary, adversely affect the

14 conservation of the species of fish retained.

15 (e) PROHIBITED ACTS DURING MORATORIUM.—Dur16 ing the time in which a moratorium under this section is

17 in effect, it is unlawful for any person to—

18 (1) violate the terms of the moratorium or of any

19 implementing regulations issued under subsection (d);

20 (2) engage in fishing for any species of fish to

21 which the moratorium applies within the waters of

22 the State subject to the moratorium;

23 (3) land, attempt to land, or possess fish that are

24 caught, taken, or harvested in violation of the morato-
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1 rium or of any implementing regulation issued under

2 subsection (d);

3 (4) fail to return to the water immediately, with

4 a minimum of injury, any fish to which the morato5 rium applies that are taken incidental to fishing for

6 species other than those to which the moratorium ap7 plies, except as provided by regulations issued under

8 subsection (d);

9 (5) refuse to permit any officer authorized to en10 force the provisions of this title to board a fishing ves11 sel subject to such person’s control for purposes of con12 ducting any search or inspection in connection with

13 the enforcement of this title;

14 (6) forcibly assault, resist, oppose, impede, in15 timidate, or interfere with any such authorized officer

16 in the conduct of any search or inspection under this

17 title;

18 (7) resist a lawful arrest for any act prohibited

19 by this section;

20 (8) ship, transport, offer for sale, sell, purchase,

21 import, or have custody, control, or possession of, any

22 fish taken or retained in violation of this title; or

23 (9) interfere with, delay, or prevent, by any

24 means, the apprehension or arrest of another person,
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1 knowing that such other person has committed any

2 act prohibited by this section.

3 (f) CIVIL AND CRIMINAL PENALTIES.—(1) Any person

4 who commits any act that is unlawful under subsection (e)

5 shall be liable to the United States for a civil penalty as

6 provided by section 308 of the Magnuson Fishery Conserva7 tion and Management Act (16 U.S.C. 1858).

8 (2) Any person who commits an act prohibited by

9 paragraph (5), (6), (7), or (9) of subsection (e) is guilty

10 of an offense punishable as provided by section 309 (a)(1)

11 and (b) of the Magnuson Fishery Conservation and Man12 agement Act (16 U.S.C. 1859(a)(1) and (b)).

13 (g) CIVIL FORFEITURES.—(1) Any vessel including its

14 gear, equipment, appurtenances, stores, and cargo) used,

15 and any fish (or the fair market value thereof) taken or

16 retained, in any manner, in connection with, or as the re17 sult of, the commission of any act that is unlawful under

18 subsection (e), shall be subject to forfeiture to the United

19 States as provided in section 310 of the Magnuson Fishery

20 Conservation and Management Act (16 U.S.C. 1860).

21 (2) Any fish seized pursuant to this title may be dis22 posed of pursuant to the order of a court of competent juris23 diction or, if perishable, in a manner prescribed in regula24 tion.
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1 (h) ENFORCEMENT.—A person authorized by the Sec2 retary or the Secretary of the Department in which the

3 Coast Guard is operating may take any action to enforce

4 a moratorium declared under subsection (c) of this section

5 that an officer authorized by the Secretary under section

6 311(b) of the Magnuson Fishery Conservation and Manage7 ment Act (16 U.S.C. 1861(b)) may take to enforce that Act.

8 The Secretary may, by agreement, on a reimbursable basis

9 or otherwise, utilize the personnel, services, equipment (in10 cluding aircraft and vessels), and facilities of any other

11 Federal department or agency and of any agency of a State

12 in carrying out that enforcement.

13 SEC. 808. FINANCIAL ASSISTANCE.

14 The Secretary and the Secretary of the Interior may

15 provide financial assistance to the Commission and to the

16 States to carry out their respective responsibilities under

17 this title, including—

18 (1) the preparation, implementation, and en19 forcement of coastal fishery management plans; and

20 (2) State activities that are specifically required

21 within such plans.

22 SEC. 809. AUTHORIZATION OF APPROPRIATIONS.

23 To carry out the provisions of this title, there are au24 thorized to be appropriated $3,000,000 for fiscal year 1994,
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1 $5,000,000 for fiscal year 1995, and $7,000,000 for fiscal

2 year 1996.

3 SEC. 810. ATLANTIC STRIPED BASS CONSERVATION ACT.

4 Section 9 of the Atlantic Striped Bass Conservation

5 Act (16 U.S.C. 1851 note) is repealed.

6 SEC. 811. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

7 Section 308(c) of the Interjurisdictional Fisheries Act

8 of 1986 (16 U.S.C. 4107(c)) is amended by inserting ‘‘, and

9 $600,000 for each of the fiscal years 1994 and 1995,’’ imme10 diately after ‘‘and 1993’’.

11 TITLE IX—LIBERTY MEMORIAL

12 SEC. 901. SHORT TITLE.

13 This title may be cited as the ‘‘Liberty Memorial Act

14 of 1993’’.

15 SEC. 902. CONVEYANCE VESSELS.

16 (a) AUTHORITY TO CONVEY.—The Secretary of Trans17 portation may convey without consideration all right, title,

18 and interest of the United States in two vessels described

19 in subsection (b) to any nonprofit organization that oper20 ates and maintains a Liberty Ship or Victory Ship as a

21 memorial to merchant mariners.

22 (b) VESSELS DESCRIBED.—Vessels that may be con23 veyed under subsection (a) are vessel that—

24 (1) are in the National Defense Reserve Fleet on

25 the date of the enactment of this Act;
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1 (2) are not less than 4,000 displacement tons;

2 (3) have no usefulness to the Government; and

3 (4) are scheduled to be scrapped.

4 (c) CONDITIONS OF CONVEYANCE.—As a condition of

5 conveying any vessel to an organization under subsection

6 (a), the Secretary of Transportation shall require that be7 fore the date of the conveyance, the organization shall enter

8 into an agreement under which the organization shall—

9 (1) sell the vessel for scrap purposes;

10 (2) use the proceeds of that scrapping for the

11 purpose of refurbishing and making seaworthy a Lib12 erty Ship or Victory Ship that the organization

13 maintains as a memorial to merchant mariners, to

14 enable the vessel to participate in 1994 in commemo15 rative activities in conjunction with the 50th anniver16 sary of the Normandy invasion; and

17 (3) return to the United States any proceeds of

18 scrapping carried out pursuant to paragraph (1) that

19 are not used in accordance with paragraph (2).

20 (d) DEPOSIT OF AMOUNTS RETURNED.—Amounts re21 turned to the Untied States pursuant to subsection (c)(3)

22 shall be deposited in the Vessel Operations Revolving Fund

23 established under the Act of June 2, 1951 (46 App. U.S.C.

24 1241a).
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1 (e) DELIVERY OF VESSELS.—The Secretary of Trans2 portation shall deliver each vessel conveyed under this sec3 tion—

4 (1) at the place where the vessel is located on the

5 date of the approval of the conveyance by the Sec6 retary of Transportation;

7 (2) in its condition on that date; and

8 (3) without cost to the Government.

9 (f) EXPIRATION OF AUTHORITY TO CONVEY.—The au10 thority of the Secretary of Transportation under this section

11 to convey vessels shall expire on the date that is 2 years

12 after the date of enactment of this Act.

Attest:

Secretary.

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