In the Senate of the United States,
November 22, 1993.
Resolved, That the bill from the House of Representa-
tives (H.R. 2150) entitled ‘‘An Act to authorize appropria-
tions 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:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Authoriza-
tion Act of 1993’’.
TITLE I—AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary
expenses of the Coast Guard for fiscal year 1994, as follows:
(1) For the operation and maintenance of the
Coast Guard, $2,612,552,200, of which $25,000,000
shall be derived from the Oil Spill Liability Trust
Fund, and of which $35,000,000 shall be expended
from the Boat Safety Account.
(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and off-
shore facilities, vessels, and aircraft, including equip-
ment related thereto, $417,996,500, to remain avail-
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able until expended, of which $23,030,000 shall be de-
rived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors di-
rectly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, 
ice 
operations, 
and 
defense 
readiness,
$25,000,000, to remain available until expended, of
which $4,457,000 shall be derived from the Oil Spill
Liability Trust Fund.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Benefit
Plans, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title
10, United States Code, $548,774,000.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting ob-
structions to navigation associated with the Bridge
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TITLE II—PERSONNEL MANAGEMENT
IMPROVEMENT
SEC. 201. CEILING ON OFFICER CORPS.
Subsection (a) of section 42 of title 14, United States
Code, is amended by striking ‘‘6,000’’ and inserting
‘‘6,200’’.
SEC. 202. VOLUNTEER SERVICES.
Section 93 of title 14, United States Code, is amended
by—
(1) striking ‘‘and’’ at the end of paragraph (r);
(2) striking the period at the end of paragraph
(s) and inserting a comma; and
(3) adding at the end the following new sub-
section:
‘‘(t) Notwithstanding any other law, enter into cooper-
ative agreements with States, local governments, nongovern-
mental organizations, and individuals, to accept and utilize
voluntary services for the maintenance and improvement
of natural and historic resources on, or to benefit natural
and historic research on, Coast Guard facilities, subject to
the requirement that—
‘‘(1) the cooperative agreements shall each pro-
vide for the parties to contribute funds or services on
a matching basis to defray the costs of such programs,
projects, and activities under the agreement; and
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‘‘(2) a person providing voluntary services under
this subsection shall not be considered a Federal em-
ployee except for purposes of chapter 81 of title 5,
United States Code, with respect to compensation for
work-related injuries, and chapter 171 of title 28,
United States Code, with respect to tort claims; and’’.
SEC. 203. RESERVE RETENTION BOARDS.
Section 741 of title 14, United States Code, is amend-
ed—
(1) in subsection (a) in the first sentence by
striking ‘‘and are not on active duty and not on an
approved list of selectees for promotion to the next
higher grade’’ and inserting the following: ‘‘, except
those officers who—
‘‘(1) are on extended active duty;
‘‘(2) are on a list of selectees for promotion;
‘‘(3) will complete 30 years total commissioned
service by June 30th following the date that the reten-
tion board is convened; or
‘‘(4) have reached age 59 by the date on which
the retention board is convened’’;
(2) in subsection (a) by moving the second sen-
tence so as to begin—
(A) immediately below paragraph (4) (as
added by paragraph (1) of this section); and
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(B) flush with the left margin of the mate-
rial preceding paragraph (1);
(3) by designating the third sentence of sub-
section (a) as subsection (b) by—
(A) inserting ‘‘(b)’’ before ‘‘This board
shall—’’; and
(B) moving the third sentence so as to begin
immediately below the second sentence of sub-
section (a); and
(4) by redesignating the last 2 subsections as
subsections (c) and (d), respectively.
SEC. 204. CONTINUITY OF GRADE OF ADMIRALS AND VICE
ADMIRALS.
(a) Section 46(a) of title 14, United States Code, is
amended to read as follows:
‘‘(a) A Commandant who is not reappointed shall be
retired with the grade of admiral at the expiration of the
appointed term, except as provided in subsection 51(d) of
this title.’’.
(b)(1) Section 47 of title 14, United States Code, is
amended—
(A) in the heading by striking ‘‘; retirement’’;
(B) in subsection (a) by—
(i) striking ‘‘(a)’’ at the beginning thereof,
and
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(ii) striking the last sentence and inserting
the following: ‘‘The appointment and grade of a
Vice Commandant shall be effective on the date
the officer assumes that duty, and shall termi-
nate on the date the officer is detached from that
duty, except as provided in subsection 51(d) of
this title.’’; and
(C) by striking subsections (b), (c), and (d).
(2) The table of sections at the beginning of chapter
3 of title 14, United States Code, is amended by striking
the item relating to section 47 and inserting the following:
‘‘47. Vice Commandant; assignment.’’.
(c) Section 50(b) of title 14, United States Code, is
amended by striking the last sentence and inserting ‘‘The
appointment and grade of an area commander shall be ef-
fective on the date the officer assumes that duty, and shall
terminate on the date the officer is detached from that duty,
except as provided in subsection 51(d) of this title.’’.
(d) Section 51 of title 14, United States Code, is
amended by adding at the end the following new subsection:
‘‘(d) An officer serving in the grade of admiral or vice
admiral shall continue to hold that grade—
‘‘(1) while being processed for physical disability
retirement, beginning on the day of the processing
and ending on the day that officer is retired, but not
for more than 180 days; and
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‘‘(2) while awaiting retirement, beginning on the
day that officer is relieved from the position of Com-
mandant, Vice Commandant, Area Commander, or
Chief of Staff and ending on the day before the offi-
cer’s retirement, but not for more than 60 days.’’.
SEC. 205. CHIEF OF STAFF.
(a) Section 41a(b) of title 14, United States Code, is
amended by striking ‘‘, except that the rear admiral serving
as Chief of Staff shall be the senior rear admiral for all
purposes other than pay’’ at the end of the second sentence.
(b)(1) Title 14, United States Code, is amended by in-
serting after section 50 the following new section:
‘‘§ 50a. Chief of Staff
‘‘(a) The President may appoint, by and with the ad-
vice and consent of the Senate, a Chief of Staff of the Coast
Guard who shall rank next after the area commanders and
who shall perform duties as prescribed by the Commandant.
The Chief of Staff shall be appointed from the officers on
the active duty promotion list serving above the grade of
captain. The Commandant shall make recommendations for
the appointment.
‘‘(b) The Chief of Staff shall have the grade of vice ad-
miral with the pay and allowances of that grade. The ap-
pointment and grade of the Chief of Staff shall be effective
on the date the officer assumes that duty, and shall termi-
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nate on the date the officer is detached from that duty, ex-
cept as provided in section 51(d) of this title.’’
(2) The table of sections at the beginning of chapter
3 of title 14, United States Code, is amended by inserting
after the item relating to section 50 the following:
‘‘50a. Chief of Staff.’’.
(c) Section 51 of title 14, United States Code, is
amended—
(1) in subsection (a) by striking ‘‘as Com-
mander, Atlantic Area, or Commander, Pacific Area’’
and inserting ‘‘in the grade of vice admiral’’; and
(2) in subsection (b) by striking ‘‘as Commander,
Atlantic Area, or Commander, Pacific Area’’ and in-
serting ‘‘in the grade of vice admiral’’.
(d) Section 290 of title 14, United States Code, is
amended—
(1) in subsection (a) by striking ‘‘or in the posi-
tion of Chief of Staff’’ in the second sentence;
(2) in subsection (f)(1) by striking ‘‘Chief of
Staff or’’; and
(3) in subsection (f)(2) by striking ‘‘Chief of
Staff or’’.
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TITLE III—MISCELLANEOUS COAST
GUARD PROVISIONS
SEC. 301. NORTH ATLANTIC ROUTES.
Sections 3 and 5 of the Act of June 25, 1936 (49 Stat.
1922, 46 App. U.S.C. 738b and 738d), are repealed.
SEC. 302. COAST GUARD FAMILY HOUSING.
(a) IN GENERAL.—Chapter 17 of title 14, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 670. Procurement authority for family housing
‘‘(a) The Secretary is authorized—
‘‘(1) to acquire, subject to the availability of ap-
propriations sufficient to cover its full obligations,
real property or interests therein by purchase, lease
for a term not to exceed 5 years, or otherwise, for use
as Coast Guard family housing units, including the
acquisition of condominium units, which may include
the obligation to pay maintenance, repair, and other
condominium-related fees; and
‘‘(2) to dispose of by sale, lease, or otherwise, any
real property or interest therein used for Coast Guard
family housing units for adequate consideration.
‘‘(b)(1) For the purposes of this section, a multiyear
contract is a contract to lease Coast Guard family housing
units for at least one, but not more than 5, fiscal years.
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‘‘(2) The Secretary may enter into multiyear contracts
under subsection (a) of this section whenever the Coast
Guard finds that—
‘‘(A) the use of a contract will promote the effi-
ciency of the Coast Guard family housing program
and will result in reduced total costs under the con-
tract; and
‘‘(B) there are realistic estimates of both the cost
of the contract and the anticipated cost avoidance
through the use of a multiyear contract.
‘‘(3) A multiyear contract authorized under subsection
(a) of this section shall contain cancellation and termi-
nation provisions to the extent necessary to protect the best
interests of the United States, and may include consider-
ation of both recurring and nonrecurring costs. The contract
may provide for a cancellation payment to be made.
Amounts that were originally obligated for the cost of con-
tract may be used for cancellation or termination costs.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 17, United States Code, is amended
by adding at the end the following:
‘‘670. Procurement authority for family housing.’’.
SEC. 303. AIR STATION CAPE COD IMPROVEMENTS.
(a) IN GENERAL.—Chapter 17 of title 14, United
States Code, is amended by adding after section 670 (as
added by section 302 of this Act) the following new section:
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‘‘§ 671. Air Station Cape Code improvements
‘‘The Secretary may expend funds for the repair, im-
provement, restoration, or replacement of those federally or
nonfederally owned support buildings, including appur-
tenances, which are on leased or permitted real property
constituting Coast Guard Air Station Cape Cod, located on
Massachusetts Military Reservation, Cape Cod, Massachu-
setts.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 17, United States Code, is amended
by adding after the item relating to section 670 (as added
by section 302 of this Act) the following:
‘‘671. Air Station Cape Cod improvements.’’.
SEC. 304. LONG-TERM LEASE AUTHORITY FOR AIDS TO
NAVIGATION.
(a) Chapter 17 of title 14, United States Code, is
amended by adding after section 671 (as added by section
303 of this Act) the following new section:
‘‘§ 672. Long-term lease authority for navigation and
communications systems sites
‘‘(a) The Secretary is authorized, subject to the avail-
ability of appropriations, to enter into lease agreements to
acquire real property or interests therein for a term not
to exceed 20 years, inclusive of any automatic renewal
clauses, for aids to navigation (hereafter in this section re-
ferred to as ‘ATON’) sites, vessel traffic service (hereafter
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in this section referred to as ‘VTS’) sensor sites, or National
Distress System (hereafter in this section referred to as
‘NDS’) high level antenna sites. These lease agreements shall
include cancellation and termination provisions to the ex-
tent necessary to protect the best interests of the United
States. Cancellation payment provisions may include con-
sideration of both recurring and nonrecurring costs associ-
ated with the real property interests under the contract.
These lease agreements may provide for a cancellation pay-
ment to be made. Amounts that were originally obligated
for the cost of the contract may be used for cancellation
or termination costs.
‘‘(b) The Secretary may enter into multiyear lease
agreements under subsection (a) of this section whenever the
Secretary finds that—
‘‘(1) the use of such a lease agreement will pro-
mote the efficiency of the ATON, VTS, or NDS pro-
grams and will result in reduced total costs under the
agreement;
‘‘(2) the minimum need for the real property or
interest therein to be leased is expected to remain sub-
stantially unchanged during the contemplated lease
period; and
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‘‘(3) the estimates of both the cost of the lease
and the anticipated cost avoidance through the use of
a multiyear lease are realistic.’’.
(b) The table of sections at the beginning of chapter
17 of title 14, United States Code, is amended by adding
after the item relating to section 671 (as added by section
303 of this Act) the following:
‘‘672. Long-term lease authority for navigation and communications systems
sites.’’.
SEC. 
305. 
AUTHORITY 
FOR 
EDUCATIONAL 
RESEARCH
GRANTS.
(a) IN GENERAL.—Chapter 9 of title 14, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 196. Participation in Federal, State, or other edu-
cational research grants
‘‘Notwithstanding any other provision of law, the
United States Coast Guard Academy may compete for and
accept Federal, State, or other educational research grants,
subject to the following limitations:
‘‘(1) No award may be accepted for the acquisi-
tion or construction of facilities.
‘‘(2) No award may be accepted for the routine
functions of the Academy.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 9 of title 14, United States Code,
is amended by adding at the end the following:
‘‘196. Participation in Federal, State, or other educational research grants.’’.
SEC. 306. PREPOSITIONED OIL SPILL CLEANUP EQUIP-
MENT.
The Secretary of Transportation is authorized to ex-
pend out of amounts appropriated for acquisition, construc-
tion, and improvement for fiscal year 1994—
(1) $890,000 to acquire and preposition oil spill
response equipment at Port Arthur, Texas, and
(2) $890,000 to acquire and preposition oil spill
response equipment at Helena, Arkansas, subject to
the Secretary determining that adequate storage and
maintenance facilities are available.
SEC. 307. SHORE FACILITIES IMPROVEMENTS AT COAST
GUARD STATION LITTLE CREEK, VIRGINIA.
(a) The Secretary of Transportation, subject to the
availability of appropriations, may at Coast Guard Station
Little Creek, Virginia—
(1) construct a 2-story station building with
operational, administrative, and living spaces;
(2) construct a 180-foot long pier for Coast
Guard patrol boats;
(3) construct a boat ramp; and
(4) strengthen a waterfront bulkhead.
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(b) Funds necessary to carry out this section are au-
thorized to be appropriated for fiscal year 1994.
SEC. 308. OIL SPILL TRAINING SIMULATOR.
The Secretary of Transportation is authorized to ex-
pend out of the amounts appropriated for acquisition, con-
struction, and improvement not more than $1,250,000 to
the Maritime College of the State of New York to purchase
a marine oil spill management simulator.
SEC. 309. TECHNICAL CLARIFICATION.
Section 4283B of the Revised Statutes (46 App U.S.C.
183c) is amended by striking ‘‘any court’’ in clause (2) and
inserting in lieu thereof ‘‘court’’.
SEC. 310. OIL SPILL PREVENTION AND RESPONSE TECH-
NOLOGY TEST AND EVALUATION PROGRAM.
(a) Not later than 6 months after the date of enactment
of this Act, the Secretary of Transportation shall establish
a program to evaluate the technological feasibility and envi-
ronmental benefits of having tank vessels carry oil spill pre-
vention and response technology. To implement the pro-
gram the Secretary shall—
(1) publish in the Federal Register an invitation
for submission of proposals including plans and pro-
cedures for testing; and
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(2) review and evaluate technology using, to the
maximum extent possible, existing evaluation and
performance standards.
(b) The Secretary shall, to the maximum extent pos-
sible, incorporate in the program established in subsection
(a), the results of existing studies and evaluations of oil spill
prevention and response technology carried on tank vessels.
(c) Not later than 2 years after the date of the enact-
ment of this Act, the Secretary shall evaluate the results
of the program established in subsection (a) and submit a
report to Congress with recommendations on the feasibility
and environmental benefits of, and appropriate equipment
and utilization standards for, requiring tank vessels to
carry oil spill prevention and response equipment.
(d) Not later than 6 months after the date of the enact-
ment of this Act, the Secretary shall evaluate and report
to the Congress on the feasibility of using segregated ballast
tanks for emergency transfer of cargo and storage of recov-
ered oil.
SEC. 311. UNMANNED SEAGOING BARGES.
Section 3302 of title 46, United States Code, is amend-
ed by adding at the end the following:
‘‘(m) A seagoing barge is not subject to inspection
under section 3301(6) of this title if the vessel is unmanned
and does not carry—
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‘‘(1) a hazardous material as cargo; or
‘‘(2) a flammable or combustible liquid, includ-
ing oil, in bulk.’’.
SEC. 
312. 
PROHIBITION 
ON 
DECOMMISSIONING 
ICE-
BREAKER MACKINAW.
(a) The Secretary of transportation may not decom-
mission the Coast Guard cutter MACKINAW before Decem-
ber 31, 1994.
(b) There is authorized to be appropriated to the Sec-
retary of Transportation $1,600,000 for fiscal year 1994,
to remain available until expended, for operations and
maintenance of the Coast Guard cutter MACKINAW.
SEC. 313. LOWER COLUMBIA RIVER MARINE FIRE AND SAFE-
TY ACTIVITIES.
The Secretary of Transportation is authorized to ex-
pend out of the amounts appropriated for the Coast Guard
for fiscal year 1994 not more than $421,700, and for fiscal
year 1995 not more than $358,300, for the lower Columbia
River marine, fire, oil, and toxic spill response communica-
tions, training, equipment, and program administration
activities conducted by the Marine Fire and Safety Associa-
tion.
SEC. 314. CASS RIVER.
Subtitle II of title 46, United States Code, relating
only to vessel inspection and manning, shall not apply to
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a vessel operating on the date of enactment of this Act on
the Cass River above the dam at Frankenmuth, Michigan
(locally known as the Hubinger Dam) which is inspected
and licensed by the State of Michigan to carry passengers.
SEC. 315. SENSE OF THE CONGRESS REGARDING FUNDING
FOR COAST GUARD.
It is the sense of the Congress that in appropriating
amounts for the Coast Guard, the Congress should appro-
priate amounts adequate to enable the Coast Guard to carry
out all extraordinary functions and duties the Coast Guard
is required to undertake in addition to its normal functions
established by law.
SEC. 316. COOPERATIVE AGREEMENT AUTHORITY.
Section 93 of title 14, United States Code, as amended
by section 202 of this Act, is further amended by adding
at the end the following new subsection:
‘‘(u) enter into cooperative agreements with other Gov-
ernment agencies and the National Academy of Sciences.’’.
SEC. 317. REGIONAL FISHERIES LAW ENFORCEMENT TRAIN-
ING CENTERS.
(a) GULF OF MEXICO.—The Coast Guard shall estab-
lish a Gulf of Mexico Regional Fisheries Law Enforcement
Training Center in the Eighth Coast Guard District in
Southeastern Louisiana.
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(b) SOUTHEAST ATLANTIC.—The Coast Guard shall es-
tablish a Southeast Regional Fisheries Law Enforcement
Training Center in the Seventh Coast Guard District in
Charleston, South Carolina.
(c) PURPOSE.—The purpose of the regional fisheries
law enforcement training centers shall be to increase the
skills and training of Coast Guard fisheries law enforcement
personnel and to ensure that such training considers and
meets the unique and complex needs and demands of the
fisheries of the Gulf of Mexico and the Southeast United
States.
SEC. 318. NATIONAL SAFE BOATING WEEK.
(a) The Act of June 4, 1958 (36 U.S.C. 161) is amend-
ed by striking ‘‘week commencing on the first Sunday in
June’’ and inserting ‘‘the seven day period ending on the
last Friday before Memorial Day’’.
(b) This section is effective January 1, 1995.
SEC. 319. LOS ANGELES-LONG BEACH VESSEL TRAFFIC
SERVICE.
The Coast Guard is authorized to provide personnel
support for the interim vessel traffic information service in
the Ports of Los Angeles and Long Beach operated on behalf
of the State of California by the Marine Exchange of Los
Angeles-Long Beach Harbors, Inc., a California nonprofit
coporation (hereinafter referred to as ‘‘Marine Exchange’’).
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The Coast Guard shall be reimbursed for all costs associated
with providing such personnel in accordance with a reim-
bursable agreement between the Coast Guard and the State
of California. Amounts received by the Coast Guard as re-
imbursements for its costs shall be credited to the appro-
priation for operating expenses of the Coast Guard. The
United States Government assumes no liability for any act
or omission of any officer, director, employee, or representa-
tive of the Marine Exchange or of the State of California,
arising out of the operation of the vessel traffic information
service by the Marine Exchange, and the Coast Guard shall
have the same protections and limitations on such liability
as are afforded to the Marine Exchange under California
law.
SEC. 320. FINANCIAL RESPONSIBILITY FOR NONPERFORM-
ANCE.
Section 3(b) of Public Law 89–777 (46 App. U.S.C.
817e(b)) is amended by striking ‘‘and such bond or other
security shall be in an amount paid equal to the estimated
total revenue for the particular transportation.’’ and insert-
ing a period.
SEC. 321. FISHING AND FISH TENDER VESSELS.
(a) In this section, ‘‘fish tender vessel’’, ‘‘fishing ves-
sel’’, and ‘‘tank vessel’’ have the meanings given those terms
under section 2101 of title 46, United States Code.
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the vessel is engaged in an operation less than 12 hours
in duration.’’.
(b) Section 8301 of title 46, United States Code, is
amended by adding a new subsection to read as follows:
‘‘(e) A vessel used only to respond to a discharge of
oil or a hazardous substance shall have—
‘‘(1) two licensed mates when the vessel is en-
gaged in an operation over 12 hours in duration;
‘‘(2) one licensed mate when the vessel is engaged
in an operation less than 12 hours in duration; and
‘‘(3) if the vessel is more than 200 gross tons, a
licensed engineer when the vessel is operating.’’.
SEC. 323. LIMITATIONS ON PERFORMANCE OF LONGSHORE
WORK BY ALIEN CREWMEMBERS—ALASKA EX-
CEPTION.
(a) ALASKA EXCEPTION.—Section 258 of the Immigra-
tion and Nationality Act (8 U.S.C. 1288) is amended—
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following
new subsection:
‘‘(d) STATE OF ALASKA EXCEPTION.—(1) Subsection
(a) shall not apply to a particular activity of longshore
work at a particular location in the State of Alaska if an
employer of alien crewmen has filed an attestation with the
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Secretary of Labor at least 30 days before the date of the
first performance of the activity (or anytime up to 24 hours
before the first performance of the activity, upon a showing
that the employer could not have reasonably anticipated the
need to file an attestation for that location at that time)
setting forth facts and evidence to show that—
‘‘(A) the employer will make a bona fide request
for United States longshore workers who are qualified
and available in sufficient numbers to perform the ac-
tivity at the particular time and location from the
parties to whom notice has been provided under
clauses (ii) and (iii) of subparagraph (D), except
that—
‘‘(i) whenever two or more contract steve-
doring companies have signed a joint collective
bargaining agreement with a single labor organi-
zation described in subparagraph (D)(i), the em-
ployer may request longshore workers from only
one of such contract stevedoring companies, and
‘‘(ii) a request for longshore workers to an
operator of a private dock may be made only for
longshore work to be performed at that dock and
only if the operator meets the requirements of
section 32 of the Longshoremen’s and Harbor
Workers’ Compensation Act (33 U.S.C. 932);
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‘‘(B) the employer will employ all those United
States longshore workers made available in response
to the request made pursuant to subparagraph (A)
who are qualified and available in sufficient numbers
and who are needed to perform the longshore activity
at the particular time and location;
‘‘(C) the use of alien crewmembers for such activ-
ity is not intended or designed to influence an elec-
tion of a bargaining representative for workers in the
State of Alaska; and
‘‘(D) notice of the attestation has been provided
by the employer to—
‘‘(i) labor organizations which have been
recognized as exclusive bargaining representa-
tives of United States longshore workers within
the meaning of the National Labor Relations Act
and which make available or intend to make
available workers to the particular location
where the longshore work is to be performed,
‘‘(ii) contract stevedoring companies which
employ or intend to employ United States
longshore workers at that location, and
‘‘(iii) operators of private docks at which
the employer will use longshore workers.
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‘‘(2)(A) An employer filing an attestation under para-
graph (1) who seeks to use alien crewmen to perform
longshore work shall be responsible while the attestation is
valid to make bona fide requests for United States longshore
workers under paragraph (1)(A) and to employ United
States longshore workers, as provided in paragraph (1)(B),
before using alien crewmen to perform the activity or activi-
ties specified in the attestation, except that an employer
shall not be required to request longshore workers from a
party if that party has notified the employer in writing
that it does not intend to make available United States
longshore workers to the location at which the longshore
work is to be performed.
‘‘(B) If a party that has provided such notice subse-
quently notifies the employer in writing that it is prepared
to make available United States longshore workers who are
qualified and available in sufficient numbers to perform the
longshore activity to the location at which the longshore
work is to be performed, then the employer’s obligations to
that party under subparagraphs (A) and (B) of paragraph
(1) shall begin 60 days following the issuance of such notice.
‘‘(3)(A) In no case shall an employer filing an attesta-
tion be required—
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‘‘(i) to hire less than a full work unit of United
States longshore workers needed to perform the
longshore activity;
‘‘(ii) to provide overnight accommodations for
the longshore workers while employed; or
‘‘(iii) to provide transportation to the place of
work, except where—
‘‘(I) surface transportation is available;
‘‘(II) such transportation may be safely ac-
complished;
‘‘(III) travel time to the vessel does not ex-
ceed one-half hour each way; and
‘‘(IV) travel distance to the vessel from the
point of embarkation does not exceed 5 miles.
‘‘(B) In the cases of Wide Bay, Alaska, and Klawock/
Craig, Alaska, the travel times and travel distances speci-
fied in subclauses (III) and (IV) of subparagraph (A) shall
be extended to 45 minutes and 71⁄2 miles, respectively, un-
less the party responding to the request for longshore work-
ers agrees to the lesser time and distance limitations speci-
fied in those subclauses.
‘‘(4) Subject to subparagraphs (A) and (D) of sub-
section (c)(4), attestations filed under paragraph (1) of this
subsection shall—
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‘‘(A) expire at the end of the 1-year period begin-
ning on the date the employer anticipates the
longshore work to begin, as specified in the attestation
filed with the Secretary of Labor, and
‘‘(B) apply to aliens arriving in the United
States during such 1-year period if the owner, agent,
consignee, master, or commanding officer states in
each list under section 251 that it continues to com-
ply with the conditions in the attestation.
‘‘(5)(A) Except as otherwise provided by subparagraph
(B), subsection (c)(3) and subparagraphs (A) through (E)
of subsection (c)(4) shall apply to attestations filed under
this subsection.
‘‘(B) The use of alien crewmen to perform longshore
work in Alaska consisting of the use of an automated self-
unloading conveyor belt or vacuum-actuated system on a
vessel shall be governed by the provisions of subsection (c).
‘‘(6) For purposes of this subsection—
‘‘(A) the term ‘contract stevedoring companies’
means those stevedoring companies licensed to do
business in the State of Alaska that meet the require-
ments of section 32 of the Longshoremen’s and Harbor
Workers’ Compensation Act (33 U.S.C. 932); and
‘‘(B) the term ‘employer’ includes any agent or
representative designated by the employer; and
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‘‘(C) the terms ‘qualified’ and ‘available in suffi-
cient numbers’ shall be defined by reference to indus-
try standards in the State of Alaska, including safety
considerations.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 258(a) (8 U.S.C. 1288(a)) is amend-
ed by striking ‘‘subsection (c) or subsection (d)’’ and
inserting ‘‘subsection (c), (d), or (e)’’.
(2) 
Section 
258(c)(4)(A) 
(8 
U.S.C.
1288(c)(4)(A)) is amended by inserting ‘‘or subsection
(d)(1)’’ after ‘‘paragraph (1)’’ each of the two places
it appears.
(3) Section 258(c) (8 U.S.C. 1288(c)) is amended
by adding at the end the following new paragraph:
‘‘(5) Except as provided in paragraph (5) of subsection
(d), this subsection shall not apply to longshore work per-
formed in the State of Alaska.’’.
(c) IMPLEMENTATION.—(1) The Secretary of Labor
shall prescribe such regulations as may be necessary to
carry out this section.
(2) Attestations filed pursuant to section 258(c) (8
U.S.C. 1288(c)) with the Secretary of Labor before the date
of enactment of this Act shall remain valid until 60 days
after the date of issuance of final regulations by the Sec-
retary under this section.
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SEC. 324. CAPE COD LIGHTHOUSE PLANNING AND DESIGN
STUDIES.
(a) COMPLETION OF STUDIES.—
(1) PLANNING.—Not later than 6 months after
the date of enactment of this Act, the Secretary of
Transportation and the Secretary of the Interior shall
complete the necessary planning studies, including se-
lection of a relocation site, identified in the Coast
Guard’s strategy document for relocation of the Cape
Cod Lighthouse (popularly known as the ‘‘Highland
Light Station’’), located in North Truro, Massachu-
setts.
(2) DESIGN.—Not later than 18 months after the
date of enactment of this Act, the Secretary of Trans-
portation shall complete the design studies indentified
in the Coast Guard’s strategy document for relocation
of the Cape Cod Lighthouse.
(b) USE OF AMOUNTS FOR STUDIES.—Of amounts ap-
propriated under the authority of this Act for acquisition,
construction, rebuilding, and improvement, the Secretary of
Transportation may use up to $600,000 for conducting the
studies required under subsection (a).
SEC. 325. WASHINGTON STATE LIGHTHOUSES.
(a) AUTHORITY TO TRANSFER.—
(1) IN GENERAL.—The Secretary may convey by
any appropriate means to the Washington State
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Parks and Recreation Commission all right, title, and
interest of the United States in and to property com-
prising 1 or more of the Cape Disappointment Light-
house, North Head Lighthouse, and Point Wilson
Lighthouse.
(2) IDENTIFICATION
OF
PROPERTY.—The Sec-
retary may identify, describe, and determine property
conveyed pursuant to this section.
(b) TERMS AND CONDITIONS.—
(1) IN GENERAL.—The conveyance of property
pursuant to subsection (a) shall be made—
(A) without the payment of consideration;
and
(B) subject to such terms and conditions as
the Secretary may consider appropriate.
(2) REVERSIONARY INTEREST.—In addition to
any term or condition established pursuant to para-
graph (1), any conveyance of property comprising
Cape Disappointment Lighthouse, North Head Light-
house, or Point Wilson Lighthouse pursuant to this
section shall be subject to the condition that all right,
title, and interest in and to the property so conveyed
shall immediately revert to the United States if the
property, or any part thereof—
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(A) ceases to be used as a center for public
benefit for the interpretation and preservation of
maritime history;
(B) ceases to be maintained in a manner
that ensures its present or future use as a Coast
Guard aid to navigation; or
(C) ceases to be maintained in a manner
consistent with the provisions of the National
Historic Preservation Act of 1966 (16 U.S.C.
470 et seq.).
(3) REQUIRED CONDITIONS.—Any conveyance of
property pursuant to this section shall be made sub-
ject to such conditions as the Secretary considers to
be necessary to assure that—
(A) the lights, antennas, and associated
equipment located on the property conveyed,
which are active aids to navigation, shall con-
tinue to be operated and maintained by the
United States;
(B) the Washington State Parks and Recre-
ation Commission may not interfere or allow in-
terference in any manner with such aids to navi-
gation without express written permission from
the Secretary of Transportation;
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(C) there is reserved to the United States
the right to relocate, replace, or add any aids to
navigation or make any changes on any portion
of such property as may be necessary for naviga-
tion purposes;
(D) the United States shall have the right,
at any time, to enter such property without no-
tice for the purpose of maintaining aids to navi-
gation;
(E) the United States shall have an ease-
ment of access to such property for the purpose
of maintaining the aids to navigation in use on
the property; and
(F) the property shall be rehabilitated and
maintained by the owner in accordance with the
provisions of the National Historic Preservation
Act of 1966 (16 U.S.C. 470 et seq.).
(4) MAINTENANCE OF CERTAIN EQUIPMENT NOT
REQUIRED.—The Washington State Parks and Recre-
ation Commission shall not have any obligation to
maintain any active aid to navigation equipment on
property conveyed pursuant to this section.
(c) DEFINITIONS.—For purposes of this section, the
term—
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(1) ‘‘Cape Disappointment Lighthouse’’ means
the Coast Guard lighthouse located at Fort Canby
State Park, Washington, including—
(A) the lighthouse, excluding any lantern or
lens that is the personal property of the Coast
Guard; and
(B) such land as may be necessary to enable
the Washington State Parks and Recreation
Commission to operate at that lighthouse a cen-
ter for public benefit for the interpretation and
preservation of the maritime history;
(2) ‘‘North Head Lighthouse’’ means the Coast
Guard lighthouse located at Fort Canby State Park,
Washington, including—
(A) the lighthouse, excluding any lantern or
lens that is the personal property of the Coast
Guard;
(B) ancillary buildings; and
(C) such land as may be necessary to enable
the Washington State Parks and Recreation
Commission to operate at that lighthouse a cen-
ter for public benefit for the interpretation and
preservation of maritime history;
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(3) ‘‘Point Wilson Lighthouse’’ means the Coast
Guard lighthouse located at Fort Worden State Park,
Washington, including—
(A) the lighthouse, excluding any lantern or
lens that is the personal property of the Coast
Guard;
(B) 2 ancillary buildings; and
(C) such land as may be necessary to enable
the Washington State Parks and Recreation
Commission to operate at that lighthouse a cen-
ter for public benefit for the interpretation and
preservation of maritime history; and
(4) ‘‘Secretary’’ means the Secretary of Trans-
portation.
SEC. 326. HERON NECK LIGHTHOUSE.
(a) AUTHORITY TO TRANSFER.—
(1) IN GENERAL.—The Secretary of Transpor-
tation shall convey by any appropriate means to the
Island Institute, Rockland, Maine, all right, title, and
interest of the United States in and to property com-
prising the Heron Neck Lighthouse.
(2) IDENTIFICATION
OF
PROPERTY.—The Sec-
retary may identify, describe, and determine property
conveyed pursuant to this subsection.
(b) TERMS AND CONDITIONS.—
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(1) IN GENERAL.—The conveyance of property
pursuant to subsection (a) shall be made—
(A) without payment of consideration; and
(B) subject to such terms and conditions as
the Secretary may consider appropriate.
(2) USE OF PROPERTY.—The property conveyed
pursuant to subsection (a) may be used for edu-
cational, historic, recreational, and cultural programs
open to and for the benefit of the general public.
Theme displays, museums, gift shops, open exhibits,
meeting rooms, and an office and quarters for person-
nel in connection with security and administration of
the property are expressly authorized. Other uses not
inconsistent with the foregoing uses are permitted un-
less the Secretary shall reasonably determine that
such uses are incompatible with the historic nature of
the property or with other provisions of this section.
(3) REVISIONARY
INTEREST.—In addition to
any term or condition established pursuant to para-
graph (1), any conveyance of property comprising the
Heron Neck Lighthouse pursuant to subsection (a)
shall be subject to the condition that all right, title,
and interest in and to the property so conveyed shall
immediately revert to the United States if the prop-
erty, or any part thereof—
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(A) ceases to be used as a nonprofit center
for educational, historic, recreational, and cul-
tural programs open to and for the benefit of the
general public;
(B) ceases to be maintained in a manner
that ensures its present or future use as a Coast
Guard aid to navigation; or
(C) ceases to be maintained in a manner
consistent with the provisions of the National
Historic Preservation Act of 1966 (U.S.C. 470 et
seq.).
(4) REQUIRED CONDITIONS.—Any conveyance of
property pursuant to this section shall be made sub-
ject to such conditions as the Secretary considers to
be necessary to assure that—
(A) the light, antennas, sound signal, and
associated lighthouse equipment located on the
property conveyed, which are active aids to navi-
gation, shall continue to be operated and main-
tained by the United States Government for as
long as they are needed for this purpose;
(B) the Island Institute may not interfere
or allow interference in any manner with such
aids to navigation without express written per-
mission from the Secretary;
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(C) there is reserved to the United States
the right to relocate, replace, or add any aids to
navigation or make any changes on any prop-
erty as may be necessary for navigation pur-
poses;
(D) the United States shall have the right,
at any time, to enter such property without no-
tice for the purpose of maintaining aids to navi-
gation; and
(E) the United States shall have an ease-
ment of access to such property for the purpose
of maintaining the aids to navigation in use on
the property.
(5) MAINTENANCE OBLIGATION.—The Island In-
stitute shall not have any obligation to maintain any
active aid to navigation equipment on property con-
veyed pursuant to subsection (a).
(c) PROPERTY TO BE MAINTAINED IN ACCORDANCE
WITH CERTAIN LAWS.—The Island Institute shall main-
tain the Heron Neck Lighthouse in accordance with the Pro-
visions of the National Historic Preservation Act of 1966
(16 U.S.C. et seq.) and other applicable laws.
(d) DEFINITIONS.—For purposes of this section, the
term ‘‘Heron Neck Lighthouse’’ means the Coast Guard
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lighthouse located on Green Island, Vinalhaven, Maine, in-
cluding—
(1) the attached keeper’s dwelling, ancillary
buildings, and associated fog signal, and boat ramp;
and
(2) such land as may be necessary to enable the
Island Institute to operate at that lighthouse a non-
profit center for public benefit.
SEC. 327. BURNT COAT HARBOR LIGHTHOUSE.
(a) AUTHORITY TO TRANSFER.—
(1) IN GENERAL.—The Secretary of Transpor-
tation shall convey by any appropriate means to the
Town of Swan’s Island, Swans Island, Maine, all
right, title, and interest of the United States in and
to property comprising the Burnt Coat Harbor Light-
house.
(2) IDENTIFICATION
OF
PROPERTY.—The Sec-
retary may identify, describe, and determine property
conveyed pursuant to this subsection.
(b) TERMS AND CONDITIONS.—
(1) IN GENERAL.—The conveyance of property
pursuant to subsection (a) shall be made—
(A) without payment of consideration; and
(B) subject to such terms and conditions as
the Secretary may consider appropriate.
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(2) USE OF PROPERTY.—The property conveyed
pursuant to subsection (a) may be used for edu-
cational, historic, recreational, and cultural programs
open to and for the benefit of the general public.
Theme displays, museums, gift shops, open exhibits,
meeting rooms, and an office and quarters for person-
nel in connection with security and administration of
the property are expressly authorized. Other uses not
inconsistent with the foregoing uses are permitted un-
less the Secretary shall reasonably determine that
such uses are incompatible with the historic nature of
the property or with other provisions of this section.
(3) REVERSIONARY INTEREST.—In addition to
any term or condition established pursuant to para-
graph (1), any conveyance of property comprising the
Heron Neck Lighthouse pursuant to subsection (a)
shall be subject to the condition that all right, title,
and interest in and to the property so conveyed shall
immediately revert to the United States if the prop-
erty, or any part thereof—
(A) ceases to be used as a nonprofit center
for public benefit for the interpretation and pres-
ervation of the material culture of the United
States Coast Guard and the maritime history of
the State of Maine;
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(B) ceases to be maintained in a manner
that ensures its present or future use as a Coast
Guard aid to navigation; or
(C) ceases to be maintained in a manner
consistent with the provisions of the National
Historic Preservation Act of 1966 (U.S.C. 470 et
seq.).
(4) REQUIRED CONDITIONS.—Any conveyance of
property pursuant to this section shall be made sub-
ject to such conditions as the Secretary considers to
be necessary to assure that—
(A) the light, antennas, sound signal, and
associated lighthouse equipment located on the
property conveyed, which are active aids to navi-
gation, shall continue to be operated and main-
tained by the United States Government for as
a long as they are needed for this purpose;
(B) the Town of Swan’s Island may not
interfere or allow interference in any manner
with such aids to navigation without express
written permission from the Secretary;
(C) there is reserved to the United States
the right to relocate, replace, or add any aids to
navigation or make any changes on any prop-
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erty as may be necessary for navigation pur-
poses;
(D) the United States shall have the right,
at any time, to enter such property without no-
tice for the purpose of maintaining aids to navi-
gation; and
(E) the United States shall have an ease-
ment of access to such property for the purpose
of maintaining the aids to navigation in use on
the property.
(5) MAINTENANCE
OBLIGATION.—The Town of
Swan’s Island shall not have any obligation to main-
tain any active aid to navigation equipment on prop-
erty conveyed pursuant to subsection (a).
(c) PROPERTY TO BE MAINTAINED IN ACCORDANCE
WITH CERTAIN LAWS.—The Town of Swan’s Island shall
maintain the Burnt Coat Harbor Lighthouse in accordance
with the Provisions of the National Historic Preservation
Act of 1966 (16 U.S.C. et seq.) and other applicable laws.
(d) DEFINITIONS.—For purposes of this section, the
term ‘‘Burnt Coat Harbor Lighthouse’’ means the Coast
Guard lighthouse located on Swans Island, Maine, includ-
ing the keeper’s dwelling, oil house, bell tower and such
lands as may be necessary to enable the Swan’s Island Edu-
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cational Society to operate at the lighthouse a nonprofit
center for public benefit.
TITLE IV—EMPLOYMENT AND DISCHARGE
SEC. 401. SHIPPING ARTICLES AGREEMENTS.
Section 10302 of title 46, United States Code, is
amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) The owner, charterer, managing operator, master,
or individual in charge shall make a shipping agreement
in writing with each seaman before the seaman commences
employment.’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(c) Each shipping agreement must be signed by the
master or individual in charge or a representative of the
owner, charterer, or managing operator, and by each sea-
man employed.
‘‘(d) The owner, charterer, managing operator, master,
or individual in charge shall maintain the shipping agree-
ment and make the shipping agreement available to the sea-
man.’’.
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SEC. 402. FORM OF AGREEMENTS.
Section 10304 of title 46, United States Code, is
amended by striking ‘‘Shipping commissioner’s signature
or initials’’ from the form.
SEC. 403. MANNER OF SIGNING AGREEMENTS.
Section 10305 of title 46, United States Code, is
amended—
(1) in subsection (a)(2), by striking ‘‘a shipping
commissioner’’ and inserting in lieu thereof ‘‘the mas-
ter or individual in charge’’;
(2) by striking ‘‘(a)’’; and
(3) by striking subsections (b) and (c).
SEC. 404. EXHIBITING MERCHANT MARINERS’ DOCUMENTS.
Section 10306 of title 46, United States Code, is
amended by striking ‘‘shipping commissioner’’ and insert-
ing in lieu thereof ‘‘master or individual in charge’’.
SEC. 405. REPEAL OF PENALTY FOR FAILURE TO POST
AGREEMENT.
Section 10307 of title 46, United States Code, is
amended by striking the last sentence.
SEC. 406. REPEAL OF PENALTY RELATING TO ENGAGING
SEAMEN OUTSIDE UNITED STATES.
Section 10308 of title 46, United States Code, is
amended by striking ‘‘(a)’’ and by striking subsection (b).
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SEC. 407. REPEAL OF PENALTY RELATING TO ENGAGING
REPLACEMENT SEAMEN; APPLICATION OF RE-
QUIREMENTS.
Section 10309 of title 46, United States Code, is
amended by striking subsection (b) and redesignating sub-
section (c) as subsection (b).
SEC. 408. ACCOUNTING OF WAGES AND DEDUCTIONS AT
PAYOFF OR DISCHARGE.
Section 10310 of title 46, United States Code, is
amended by striking ‘‘or a shipping commissioner’’ in the
first sentence and by striking the last sentence.
SEC. 409. CERTIFICATES OF DISCHARGE.
Section 10311 of title 46, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘shipping com-
missioner’’ and inserting in lieu thereof ‘‘master or
individual in charge’’;
(2) in subsection (b), by striking the last sentence
and inserting in lieu thereof ‘‘The certificate shall be
signed by the master and the seaman.’’;
(3) in subsection (d)(1), by striking ‘‘Secretary’’
and inserting in lieu thereof ‘‘owner, charterer, man-
aging operator, master, or individual in charge’’; and
(4) in subsection (d)(2), by striking ‘‘at a cost
prescribed by regulation’’ and inserting in lieu thereof
‘‘at the request of the seaman’’.
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SEC. 410. SETTLEMENTS ON DISCHARGE.
Section 10312 of title 46, United States Code, is
amended to read as follows:
‘‘§ 10312. Settlements on discharge
‘‘When discharge and settlement are completed, the
master, individual in charge, or owner and each seaman
shall sign the agreement required by section 10302 of this
title.’’.
SEC. 411. RECORDS OF SEAMEN.
Section 10320 of title 46, United States Code, is
amended to read as follows:
‘‘§ 10320. Records of seamen
‘‘The Secretary shall prescribe regulations requiring
vessel owners to maintain records of seamen on matters of
engagement, discharge, and service. A vessel owner shall
make these records available to the seaman and the Coast
Guard on request.’’.
SEC. 412. GENERAL PENALTY.
Section 10321 of title 46, United States Code, is
amended to read as follows:
‘‘§ 10321. General penalty
‘‘(a) A person violating any provision of this chapter
or a regulation prescribed under this chapter is liable to
the United States Government for a civil penalty of not
more than $5,000.
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‘‘(b) The vessel is liable in rem for any penalty assessed
under this section.’’.
SEC. 413. SHIPPING ARTICLES AGREEMENTS.
Section 10502 of title 46, United States Code, is
amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) The owner, charterer, managing operator, master,
or individual in charge shall make a shipping agreement
in writing with each seaman before the seaman commences
employment.’’.
(2) by adding at the end the following new sub-
sections:
‘‘(d) Each shipping agreement must be signed by the
master or individual in charge or a representative of the
owner, charterer, or managing operator, and by each sea-
man employed.
‘‘(e) The owner, charterer, managing operator, master,
or individual in charge shall maintain the shipping agree-
ment and make the shipping agreement available to the sea-
man.
‘‘(f) The Secretary shall prescribe regulations requir-
ing shipping companies to maintain records of seamen on
matters of engagement, discharge, and service. The shipping
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companies shall make these records available to the seaman
and the Coast Guard on request.’’.
SEC. 414. ADVANCES.
Section 10505 of title 46, United States Code, is
amended—
(1) in subsection (a)(2), by striking ‘‘$100’’ and
inserting in lieu thereof ‘‘$5,000’’; and
(2) in subsection (b), by striking ‘‘$500’’ and in-
serting in lieu thereof ‘‘$5,000’’.
SEC. 415. DUTIES OF SHIPPING COMMISSIONERS.
(a) REPEAL.—Section 10507 of title 46, United States
Code, is repealed.
(b) CONFORMING AMENDMENT.—The analysis at the
beginning of chapter 105 of title 46, United States Code,
is amended by striking the item relating to section 10507.
SEC. 416. GENERAL PENALTIES.
Section 10508(b) is amended by striking ‘‘$20’’ and
inserting in lieu thereof ‘‘not more than $5,000’’.
SEC. 417. GENERAL REPORT REQUIREMENT.
Section 10103(a) of title 46, United States Code, is
amended—
(1) by striking ‘‘without a shipping commis-
sioner being present’’; and
(2) by inserting ‘‘to the vessel owner’’ imme-
diately after ‘‘shall submit reports’’.
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(b) AMENDMENT TO CHAPTER ANALYSIS.—The analy-
sis at the beginning of chapter 107 of title 46, United States
Code, is amended by striking the item relating to section
10707.
SEC. 421. DISPOSAL OF FORFEITURES.
Section 11505 of title 46, United States Code, is
amended—
(1) in subsection (a), by striking the last sen-
tence and inserting in lieu thereof ‘‘The balance shall
be transferred to the appropriate district court of the
United States when the voyage is completed.’’; and
(2) in subsection (b), by striking the first sen-
tence.
SEC. 422. CONFORMING AMENDMENTS.
(a) DUTIES OF MASTERS.—Section 10702(b) of title
46, United States Code, is amended by striking ‘‘a shipping
commissioner’’ and inserting in lieu thereof ‘‘the consular
officer or court clerk’’.
(b) COMPLAINTS OF UNFITNESS.—Section 10902(b) of
title 46, United States Code, is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘Secretary,’’ immediately
after ‘‘The complaint may be made to the’’;
(B) by striking ‘‘Coast Guard shipping
commissioner,’’; and
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(2) in paragraphs (2) and (3), by striking ‘‘The
officer, commissioner,’’ each place it appears and in-
serting in lieu thereof ‘‘The Secretary, officer,’’.
(c) SHIPPING COMMISSIONER DESIGNATIONS AND DU-
TIES.—(1) Section 10102 of title 46, United States Code,
is repealed.
(2) The analysis at the beginning of chapter 101 is
amended by striking the item relating to section 10102.
TITLE V—PASSENGER VESSEL SAFETY
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Passenger Vessel Safety
Act of 1993’’.
SEC. 502. PASSENGER.
Section 2101(21) of title 46, United States Code, is
amended to read as follows:
‘‘(21) ‘passenger’—
‘‘(A) means an individual carried on the
vessel except—
‘‘(i) the owner or an individual rep-
resentative of the owner or, in the case of a
vessel 
under 
charter, 
an 
individual
charterer or individual representative of the
charterer;
‘‘(ii) the master; or
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‘‘(iii) a member of the crew engaged in
the business of the vessel who has not con-
tributed consideration for carriage and who
is paid for on board services.
‘‘(B) on an offshore supply vessel, means an
individual carried on the vessel except—
‘‘(i) an individual included in clause
(i), (ii), or (iii) of subparagraph (A) of this
paragraph;
‘‘(ii) an employee of the owner, or of a
subcontractor to the owner, engaged in the
business of the owner;
‘‘(iii) an employee of the charterer, or
of a subcontractor to the charterer, engaged
in the business of the charterer; or
‘‘(iv) an individual employed in a
phase of exploration, exploitation, or pro-
duction of offshore mineral or energy re-
sources served by the vessel.
‘‘(C) on fishing vessel, fish processing vessel,
or fish tender vessel, means an individual car-
ried on the vessel except—
‘‘(i) an individual included in clause
(i), (ii), or (iii) of subparagraph (A) of this
paragraph;
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‘‘(ii) a managing operator;
‘‘(iii) an employee of the owner, or of
a subcontractor to the owner, engaged in the
business of the owner;
‘‘(iv) an employee of the charterer, or
of a subcontractor to the charterer, engaged
in the business of the charterer; or
‘‘(v) an observer or sea sampler on
board the vessel pursuant to a requirement
of State or Federal law.
‘‘(D) on a sailing school vessel, means an
individual carried on the vessel except—
‘‘(i) an individual included in clause
(i), (ii), or (iii) of subparagraph (A) of this
paragraph;
‘‘(ii) an employee of the owner of the
vessel engaged in the business of the owner,
except when the vessel is operating under a
demise charter;
‘‘(iii) an employee of the demise
charterer of the vessel engaged in the busi-
ness of the demise charterer; or
‘‘(iv) a sailing school instructor or
sailing school student.’’.
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SEC. 503. PASSENGER VESSEL.
Section 2101(22) of title 46, United States Code, is
amended to read as follows:
‘‘(22) ‘passenger vessel’ means vessel of at least
100 gross tons—
‘‘(A) carrying more than 12 passengers, in-
cluding at least one passenger for hire;
‘‘(B) that is chartered and carrying more
than 12 passengers; or
‘‘(C) that is a submersible vessel carrying at
least one passenger for hire.’’.
SEC. 504. SMALL PASSENGER VESSEL.
Section 2101(35) of title 46, United States Code, is
amended to read as follows:
‘‘(35) ‘small passenger vessel’ means a vessel of
less than 100 gross tons—
‘‘(A) carrying more than 6 passengers, in-
cluding at least one passenger for hire;
‘‘(B) that is chartered with the crew pro-
vided or specified by the owner or the owner’s
representative and carrying more than 6 pas-
sengers;
‘‘(C) that is chartered with no crew pro-
vided or specified by the owner or the owner’s
representative and carrying more than 12 pas-
sengers; or
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‘‘(D) that is a submersible vessel carrying
at least one passenger for hire.’’.
SEC. 505. UNINSPECTED PASSENGER VESSEL.
Section 2101(42) of title 46, United States Code, is
amended to read as follows:
‘‘(42) ‘uninspected passenger vessel’ means an
uninspected vessel—
‘‘(A) of at least 100 gross tons—
‘‘(i) carrying not more than 12 pas-
sengers, including at least one passenger for
hire; or
‘‘(ii) that is chartered with the crew
provided or specified by the owner or the
owner’s representative and carrying not
more than 12 passengers; and
‘‘(B) of less than 100 gross tons—
‘‘(i) carrying not more than 6 pas-
sengers, including at least one passenger for
hire; or
‘‘(ii) that is chartered with the crew
provided or specified by the owner or the
owner’s representative and carrying not
more than 6 passengers.’’.
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SEC. 506. PASSENGER FOR HIRE.
Section 2101 of title 46, United States Code, is amend-
ed by inserting between paragraphs (21) and (22) a new
paragraph (21a) to read as follows:
‘‘(21a) ‘passenger for hire’ means a passenger for
whom consideration is contributed as a condition of
carriage on the vessel, whether directly or indirectly
flowing to the owner, charterer, operator, agent, or
any other person having an interest in the vessel.’’.
SEC. 507. CONSIDERATION.
Section 2101 of title 46, United States Code, is amend-
ed by inserting between paragraphs (5) and (6) a new para-
graph (5a) to read as follows:
‘‘(5a) ‘consideration’ means an economic benefit,
inducement, right, or profit including pecuniary pay-
ment accruing to an individual, person, or entity, but
not including a voluntary sharing of the actual ex-
penses of the voyage, by monetary contribution or do-
nation of fuel, food, beverage, or other supplies.’’.
SEC. 508. OFFSHORE SUPPLY VESSEL.
Section 2101(19) of title 46, United States Code, is
amended by inserting ‘‘individuals in addition to the
crew,’’ immediately after ‘‘supplies,’’ and by striking every-
thing after ‘‘resources’’ to the period at the end.
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SEC. 509. SAILING SCHOOL VESSEL.
Section 2101(30) of title 46, United States Code, is
amended in subparagraph (B) by striking ‘‘at least 6’’ and
substituting ‘‘more than 6’’.
SEC. 510. SUBMERSIBLE VESSEL.
Section 2101 of title 46, United States Code, is amend-
ed by inserting between paragraphs (37) and (38) a new
paragraph (37a) to read as follows:
‘‘(37a) ‘submersible vessel’ means a vessel that is
capable of operating below the surface of the water.’’.
SEC. 511. GENERAL PROVISION.
(a) Section 2113 of title 46, United States Code, is
amended to read as follows:
‘‘§ 2113. Authority to exempt certain vessels
‘‘If the Secretary decides that the application of a pro-
vision of part B, C, F, or G of this subtitle is not necessary
in performing the mission of the vessel engaged in excur-
sions or an oceanographic research vessel, or not necessary
for the safe operation of certain vessels carrying passengers,
the Secretary by regulation may—
‘‘(1) for a vessel, issue a special permit specify-
ing the conditions of operation and equipment;
‘‘(2) exempt an oceanographic research vessel
from that provision under conditions the Secretary
may specify;
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‘‘(3) establish different operating and equipment
requirements 
for 
vessels 
defined 
in 
section
2101(42)(A) of this title;
‘‘(4) establish different structural fire protection,
manning, operating, and equipment requirements for
vessels of at least 100 gross tons but less than 300
gross tons carrying not more than 150 passengers on
domestic voyages if the owner of the vessel—
‘‘(A) makes application for inspection to the
Coast Guard within 6 months of the date of en-
actment of the Passenger Vessel Safety Act of
1993; and
‘‘(B) provides satisfactory documentation
that the vessel was chartered at least once within
the previous 12 months prior to the date of en-
actment of that Act; and
‘‘(5) establish different structural fire protection,
manning, operating, and equipment requirements for
former public vessels of the United States of at least
100 gross tons but less than 500 gross tons, carrying
not more than 150 passengers on domestic voyages, if
the owner of the vessel—
‘‘(A) makes application for inspection to the
Coast Guard within 6 months of the date of en-
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actment of the Passenger Vessel Safety Act of
1993; and
‘‘(B) provides satisfactory documentation
that the vessel was chartered at least once within
the previous 12 months prior to the date of en-
actment of that Act.’’.
(b) Section 4105 of title 46, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before the text; and
(2) by adding a new subsection (b) to read as
follows:
‘‘(b) Within twenty-four months of the date of enact-
ment of this subsection, the Secretary shall, by regulation,
require certain additional equipment which may include
liferafts or other lifesaving equipment, construction stand-
ards, or specify additional operating standards for those
uninspected 
passenger 
vessels 
defined 
in 
section
2101(42)(A) of this title.’’.
SEC. 512. EQUIPMENT AND STANDARDS FOR CERTAIN PAS-
SENGER VESSELS.
(a) Section 3306 of title 46, United States Code, is
amended by adding at the end of the following new sub-
sections:
‘‘(h) The Secretary shall establish appropriate struc-
tural fire protection, manning, operating, and equipment
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requirements for vessels of at least 100 gross tons but less
than 300 gross tons carrying not more than 150 passengers
on domestic voyages, which meet the eligibility criteria of
section 2113(4) of this title.
‘‘(i) The Secretary shall establish appropriate struc-
tural fire protection, manning, operating, and equipment
requirements for former public vessels of the United States
of at least 100 gross tons but less than 500 gross tons carry-
ing not more than 150 passengers on domestic voyages,
which meet the eligibility criteria of section 2113(5) of this
title.’’.
(b) The Secretary of Transportation shall, within
twenty-four months of the date of enactment of this Act,
prescribe regulations establishing the structural fire protec-
tion, manning, operating, and equipment requirements for
vessels which meet the requirements of subsections (h) and
(i) of section 3306 of title 46, United States Code, as
amended by this Act.
(c) Before the Secretary of Transportation prescribes
regulations under subsections (h) and (i) of section 3306
of title 46, United States Code, as amended by this Act,
the Secretary may prescribe the route, service, manning,
and equipment for those vessels based on existing passenger
vessel and small passenger vessel regulations.
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SEC. 513. APPLICABILITY DATE FOR REVISED REGULA-
TIONS.
(a) APPLICABILITY DATE FOR CERTAIN CHARTERED
VESSELS.—Revised regulations governing small passenger
vessels and passenger vessels (as the definitions of those
terms in section 2101 of title 46, United States Code, are
amended by this Act) shall not, before the date that is 6
months after the date of enactment of this Act apply to such
vessels when chartered with no crew provided.
(b) EXTENSION OF PERIOD.—The Secretary of the de-
partment in which the Coast Guard is operating shall ex-
tend for up to 30 additional months or until issuance of
a certificate of inspection, whichever occurs first, the period
of inapplicability specified in subsection (a) if the owner
of the vessel concerned carries out the provisions of sub-
section (c) to the satisfaction of the Secretary.
(c) CONDITIONS FOR EXTENSION.—To receive an ex-
tension authorized by subsection (b), the owner of the vessel
shall—
(1) make application for inspection with the
Coast Guard within 6 months after the date of enact-
ment of this Act;
(2) make the vessel available for examination by
the Coast Guard prior to the carriage of passengers;
(3)(A) correct especially any hazardous condi-
tions involving the vessel’s structure, electrical system,
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and machinery installation, such as (i) grossly inad-
equate, missing, unsound, or severely deteriorated
frames or major structural members; (ii) wiring sys-
tems or electrical appliances without proper ground-
ing or overcurrent protection; and (iii) significant
fuel or exhaust system leaks;
(B) equip the vessel with lifesaving and fire
fighting equipment, or the portable equivalent, re-
quired for the route and number of persons carried;
and
(C) verify through stability tests, calculations, or
other practical means (which may include a history
of safe operations) that the vessel’s stability is satis-
factory for the size, route, and number of passengers;
and
(4) develop a work plan approved by the Coast
Guard to complete in a good faith effort all require-
ments necessary for issuance of a certificate of inspec-
tion as soon as practicable.
(d) OPERATION OF VESSEL DURING EXTENSION PE-
RIOD.—The owner of a vessel receiving an extension under
this section shall operate the vessel under the conditions of
route, service, number of passengers, manning, and equip-
ment as may be prescribed by the Coast Guard for the exten-
sion period.
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TITLE VI—DOCUMENTATION OF VESSELS
SEC. 601. DOCUMENTATION OF VESSELS.
(a) Notwithstanding section 27 of the Merchant Ma-
rine Act, 1920 (46 App. U.S.C. 883), the Act of June 19,
1886 (46 App. U.S.C. 289), and section 12106 of title 46,
United States Code, the Secretary of Transportation may
issue certificates of documentation with a coastwise endorse-
ment for the following vessels:
(1) ABORIGINAL (United States official num-
ber 942118).
(2) AFTERSAIL (United States official number
689427).
(3) ALEXANDRIA (United States official num-
ber 586490).
(4) AMANDA (Michigan registration number
MC–1125–FR).
(5) ARBITRAGE II (United States official
number 962861).
(6) ARIEL (United States official number
954762).
(7) BRANDARIS (former United States official
number 263174).
(8) COMPASS ROSE (United States official
number 695865).
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(9) DIXIE (United States official number
513159).
(10) ELISSA (United States official number
697285).
(11) EMERALD PRINCESS (former United
States official number 530095).
(12) ENTERPRISE (United States official
number 692956).
(13) EUROPA STAR (former United States offi-
cial number 588270).
(14) EUROPA SUN (former United States offi-
cial number 596656).
(15) GAZELA OF PHILADELPHIA (Penn-
sylvania registration number PA–4339–AF).
(16) GUSTO (United States official number
624951).
(17) GRAY (Connecticut registration number
CT–5944–AJ).
(18) GRIZZLY PROCESSOR (Canadian offi-
cial number 369183).
(19) GYPSY COWBOY (United States official
number 550771).
(20) IMPATIENT LADY (United States official
number 553952).
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(21) INTREPID DRAGON II (United States of-
ficial number 548109).
(22) ISLAND GIRL (United States official
number 674840).
(23) JULIET (Michigan registration number
MC–1669–LM).
(24) KALENA (Hawaii registration number
HA–1923–E).
(25) LAURISA (United States official number
924052).
(26) LIBBY ROSE (United States official num-
ber 236976).
(27) LISERON (United States official number
971339).
(28) MARINE STAR (United States official
number 248329).
(29) MARINER (United States official number
285452).
(30) MARY B (Kentucky registration number
KY–0098–HX).
(31) MOONSHINE (United States official num-
ber 974226).
(32) MYSTIQUE (United States official number
921194).
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(33) NORTHERN LIGHT (United States offi-
cial number 237510).
(34) PAI NUI (Hawaii registration number
HA–6949–D).
(35) PANDACEA (United States official number
665892).
(36) PELICAN (United States official number
234959).
(37) PLAY PRETTY (United States official
number 975346).
(38) PRINCE OF TIDES II (United States offi-
cial number 903858).
(39) RANGOON RUBY (Hawaii registration
number HA–5636–B).
(40) RBOAT (United States official number
563955).
(41) SABLE (Massachusetts registration number
MS–1841–AM).
(42) SERENA (United States official number
965317).
(43) SHILOH (United States official number
902675).
(44) SIDEWINDER (United States official
number 991719).
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(d) Notwithstanding section 27 of the Merchant Ma-
rine Act, 1920 (46 App. U.S.C. 883), the Act of June 19,
1886 (46 App. U.S.C. 289), and section 12106 of title 46,
United States Code, the Secretary of Transportation may
issue a certificate of documentation with a coastwise en-
dorsement for the vessel M/V TWIN DRILL (Panama offi-
cial number 8536–PEXT–2) if—
(1) the vessel undergoes a major conversion (as
defined in section 2101 of title 46, United States
Code) in a United States shipyard;
(2) the cost of the major conversion is more than
three times the purchase value of the vessel before the
major conversion;
(3) the major conversion is completed and the
vessel is documented under chapter 121 of title 46,
United States Code, with a coastwise endorsement be-
fore June 30, 1995;
(4) the person documenting the vessel contracts
with a United States shipyard to construct an addi-
tional vessel of equal or greater capacity within 12
months of the date of enactment of this Act, for deliv-
ery within 36 months of the date of such contract;
(5) the additional vessel is documented under
chapter 121 of title 46, United States Code imme-
diately after it is constructed.
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(e) Notwithstanding sections 12106 and 12108 of title
46, United States Code, the act of June 19, 1886 (46 App.
U.S.C. 289), and section 27 of the Merchant Marine Act,
1920 (46 App. U.S.C. 883), the Secretary of Transportation
may issue a certificate of documentation with a coastwise
and fishery endorsement for the vessel REEL CLASS (Ha-
waii registration number HA–6566–E).
(f) Notwithstanding section 12108 of title 46, United
States Code, the Secretary of Transportation may issue a
certificate of documentation with a fishery endorsement for
the vessel DA WARRIOR (United States official number
962231).
(g) Notwithstanding any other law or any agreement
with the United States Government, the vessels UST AT-
LANTIC (United States official number 601437) and UST
PACIFIC (United States official number 613131) may be
sold to a person that is not a citizen of the United States
and transferred to or placed under a foreign registry.
(h) Notwithstanding any other law, the vessel AMY
CHOUEST (United States official number 995631) is
deemed to be less than 500 gross tons, as measured under
chapter 145 of title 46, United States Code, for purposes
of the maritime laws of the United States.
(i) Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886
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(46 App. U.S.C. 289), and section 12106 of title 46, United
States Code, the Secretary of Transportation may issue a
certificate of documentation for the following vessels:
(1) PRINCESS XANADU OF MONACO (Unit-
ed States official number 660847).
(2) INSPIRATION (United States official num-
ber 277099).
(3) VENUS (United States official number
547419).
(4) LATER (United States official number
615732).
(5) MATCH MAKER (United States official
number 908725).
TITLE VII—MISCELLANEOUS FISHERY
PROVISIONS
SEC. 701. GOVERNING INTERNATIONAL FISHERIES AGREE-
MENT.
The Agreement between the Government of the United
States of America and the Government of the Russian Fed-
eration on Mutual Fisheries Relations which was entered
into on May 31, 1988, and which expired by its terms on
October 28, 1993, may be brought into force again for the
United States through an exchange of notes between the
United States of America and the Russian Federation and
may remain in force and effect on the part of the United
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States until May 1, 1994, and may be amended or extended
by a subsequent agreement to which section 203 of the Mag-
nuson Fishery Conservation and Management Act (16
U.S.C. 1823) applies.
SEC. 702. SHRIMP TRAWL FISHERY.
Section 304(g)(6)(B) of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1854(g)(6)(B))
is amended by striking ‘‘January 1, 1994’’ and inserting
‘‘April 1, 1994’’.
SEC. 703. INTERNATIONAL FISHERY CONSERVATION IN THE
CENTRAL BERING SEA.
It is the sense of the Congress that—
(1) the United States should take appropriate
measures to conserve the resources of the Doughnut
Hole, a small enclave of international waters in the
central Bering Sea, encircled by the Exclusive Eco-
nomic Zones of the United States and the Russian
Federation;
(2) the United States should continue its pursuit
of an international agreement, consistent with its
rights as a coastal state, to ensure proper manage-
ment for future commercial viability of these natural
resources;
(3) the United States, working closely with the
Russian Federation should, in accordance with inter-
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national law and through multilateral consultations
or through other means, promote effective inter-
national programs for the implementation and en-
forcement of regulations of the fisheries by those na-
tions that fish in the Doughnut Hole;
(4) the United States nonetheless should be
mindful of its management responsibility in this re-
gard and of its rights in accordance with inter-
national law to fully utilize the stock within its own
exclusive economic zone;
(5) the United States should accept as an urgent
duty the need to conserve for future generations the
Aleutian Basin pollock stock and should carry out
that duty by taking all necessary measures, in accord-
ance with international law; and
(6) the United States should foster further multi-
lateral cooperation leading to international consensus
on management of the Donut Hole resources through
the fullest use of diplomatic channels and appropriate
domestic and international law and should explore all
other available options and means for conservation
and management of these living marine resources.
SEC. 704. NOAA FACILITIES IN KODIAK.
(a) Notwithstanding any other provision of law, the
Secretary of Commerce may enter into an agreement with
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the University of Alaska under the University may contract
for the engineering and design specifications of a facility
on Near Island in Kodiak, Alaska, that meets the long-term
space needs of National Oceanic and Atmospheric Adminis-
tration personnel currently located in Alaska.
(b) The Secretary may transfer available funds to the
University of Alaska to pay for such engineering and design
work if additional funds in an equal or greater amount
are made available from non-federal sources for such work.
TITLE VIII—ATLANTIC COASTAL
FISHERIES
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Atlantic Coastal Fish-
eries Cooperative Management Act’’.
SEC. 802. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) Coastal fishery resources that migrate, or are
widely distributed, across the jurisdictional bound-
aries of two or more of the Atlantic States and of the
Federal Government are of substantial commercial
and recreational importance and economic benefit to
the Atlantic Coastal region and the Nation.
(2) Increased fishing pressure, environmental
pollution and the loss and alteration of habitat have
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reduced severely certain Atlantic Coastal fishery re-
sources.
(3) Because no single governmental entity has
exclusive management authority for Atlantic coastal
fishery resources, harvesting of such resources is fre-
quently subject to disparate, inconsistent, and inter-
mittent State and Federal regulation that has been
detrimental to the conservation and sustainable use of
such resources and to the interests of fishermen and
the Nation as a whole.
(4) The responsibility for managing Atlantic
coastal fisheries rests with the States, which carry out
a cooperative program of fishery oversight and man-
agement through the Atlantic States Marine Fisheries
Commission. It is the responsibility of the Federal
Government to support such cooperative interstate
management of coastal fishery resources.
(5) The failure by one or more Atlantic States
to fully implement a coastal fishery management plan
can affect the status of Atlantic coastal fisheries, and
can discourage other States from fully implementing
coastal fishery management plans.
(6) It is in the national interest to provide for
more effective Atlantic State fishery resource con-
servation and management.
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(b) PURPOSE.—The purpose of this title is to support
and encourage the development, implementation, and en-
forcement of effective interstate conservation and manage-
ment of Atlantic coastal fishery resources.
SEC. 803. DEFINITIONS.
In this title, the following definitions apply:
(1) The term ‘‘coastal fishery management plan’’
means a plan for managing a coastal fishery resource,
or an amendment to such plan, prepared and adopted
by the Commission, that—
(A) contains information regarding the sta-
tus of the resource and related fisheries;
(B) specifies conservation and management
actions to be taken by the States; and
(C) recommends actions to be taken by the
Secretary in the exclusive economic zone to con-
serve and manage the fishery.
(2) The term ‘‘coastal fishery resource’’ means
any fishery, any species of fish, or any stock of fish
that moves among, or is broadly distributed across,
waters under the jurisdiction of two or more States
or waters under the jurisdiction of one or more States
and the exclusive economic zone.
(3) The term ‘‘Commission’’ means the Atlantic
States Marine Fisheries Commission established
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under the interstate compact consented to and ap-
proved by the Congress in Public Laws 77–539 and
81–721.
(4) The term ‘‘conservation’’ means the restoring,
rebuilding, and maintaining of any coastal fishery
resource and the marine environment, in order to as-
sure the availability of coastal fishery resources on a
long-term basis.
(5) The term ‘‘Councils’’ means Regional Fishery
Management Councils established under section 302 of
the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1852).
(6) The term ‘‘exclusive economic zone’’ means
the exclusive economic zone of the United States estab-
lished by Proclamation Number 5030, dated March
10, 1983. For the purposes of this title, the inner
boundary of that zone is a line coterminous with the
seaward boundary of each of the coastal States, and
the outer boundary of that zone is a line drawn in
such manner that each point on its is 200 nautical
miles from the baseline from which the territorial sea
is measured.
(7) The term ‘‘fish’’ means finfish, mollusks,
crustaceans, and all other forms of marine animal life
other than marine mammals and birds.
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(8) The term ‘‘fishery’’ means—
(A) one or more stocks of fish that can be
treated as a unit for purposes of conservation
and management and that are identified on the
basis of geographical, scientific, technical, com-
mercial, recreational, or economic characteris-
tics; or
(B) any fishing for such stocks.
(9) The term ‘‘fishing’’ means—
(A) the catching, taking, or harvesting of
fish;
(B) the attempted catching, taking, or har-
vesting of fish;
(C) any other activity that can be reason-
ably expected to result in the catching, taking, or
harvesting of fish; or
(D) any operations at sea in support of, or
in preparation for, any activity described in
subparagraphs (A) through (C).
Such term does not include any scientific research ac-
tivity or the catching, taking, or harvesting of fish in
an aquaculture operation.
(10) The term ‘‘implement and enforce’’ means
to enact and implement laws or regulations as re-
quired to conform with the provisions of a coastal
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fishery management plan and to assure compliance
with such laws or regulations by persons participat-
ing in a fishery that is subject to such plan.
(11) The term ‘‘person’’ means any individual
(whether or not a citizen or national of the United
States), any corporation, partnership, association, or
other entity (whether or not organized or existing
under the laws of any State), and any Federal, State,
local, or foreign government or any entity of any such
government.
(12) The term ‘‘Secretary’’ means the Secretary
of Commerce.
(13) The term ‘‘State’’ means Maine, New
Hampshire, Massachusetts, Rhode Island, Connecti-
cut, New York, New Jersey, Pennsylvania, Delaware,
Maryland, Virginia, North Carolina, South Carolina,
Georgia, Florida, the District of Columbia, or the Po-
tomac River Fisheries Commission.
SEC. 804. STATE-FEDERAL COOPERATION IN ATLANTIC
COASTAL FISHERY MANAGEMENT.
(a) FEDERAL SUPPORT FOR STATE COASTAL FISH-
ERIES PROGRAMS.—The Secretary in cooperation with the
Secretary of the Interior shall develop and implement a pro-
gram to support the interstate fishery management efforts
of the Commission. The program shall include activities to
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support and enhance State cooperation in collection, man-
agement, and analysis of fishery data; law enforcement;
habitat conservation; fishery research, including biological
and socioeconomic research; and fishery management plan-
ning.
(b) FEDERAL REGULATION IN EXCLUSIVE ECONOMIC
ZONE.—(1) In the absence of an approved and implemented
fishery management plan under the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.),
and after consultation with the appropriate Councils, the
Secretary may implement regulations to govern fishing in
the exclusive economic zone that are—
(A) necessary to support the effective imple-
mentation of a coastal fishery management plan;
and
(B) consistent with the national standards
set forth in section 301 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C.
1851).
The regulations may include measures recommended by the
Commission to the Secretary that are necessary to support
the provisions of the coastal fishery management plan. Reg-
ulations issued by the Secretary to implement an approved
fishery management plan prepared by the appropriate
Councils or the Secretary under the Magnuson Fishery Con-
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servation and Management Act (16 U.S.C. 1801 et seq.)
shall supersede any conflicting regulations issued by the
Secretary under this subsection.
(2) The provisions of sections 307, 308, 309, 310, and
311 of the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861)
regarding prohibited acts, civil penalties, criminal offenses,
civil forfeitures, and enforcement shall apply with respect
to regulations issued under this subsection as if such regula-
tions were issued under the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.).
SEC. 805. STATE IMPLEMENTATION OF COASTAL FISHERY
MANAGEMENT PLANS.
(a) COASTAL FISHERY MANAGEMENT PLANS.—(1) The
Commission shall prepare and adopt coastal fishery man-
agement plans to provide for the conservation of coastal
fishery resources. In preparing a coastal fishery manage-
ment plan for a fishery that is located in both State waters
and the exclusive economic zone, the Commission shall con-
sult with appropriate Councils to determine areas where
such coastal fishery management plan may complement
Council fishery management plans. The coastal fishery
management plan shall specify the requirements necessary
for States to be in compliance with the plan. Upon adoption
of a coastal fishery management plan, the Commission shall
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identify each State that is required to implement and en-
force that plan.
(2) Within 1 year after the date of enactment of this
Act, the Commission shall establish standards and proce-
dures to govern the preparation of coastal fishery manage-
ment plans under this title, including standards and proce-
dures to ensure that—
(A) such plans promote the conservation of fish
stocks throughout their ranges and are based on the
best scientific information available; and
(B) the Commission provides adequate oppor-
tunity for public participation in the plan prepara-
tion process, including at least four public hearings
and procedures for the submission of written com-
ments to the Commission.
(b) STATE IMPLEMENTATION AND ENFORCEMENT.—
(1) Each State identified under subsection (a) with respect
to a coastal fishery management plan shall implement and
enforce the measures of such plan within the time frame
established in the plan.
(2) Within 90 days after the date of enactment of this
Act, the Commission shall establish a schedule of time
frames within which States shall implement and enforce the
measures of coastal fishery management plans in existence
before such date of enactment. No such time frame shall ex-
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ceed 12 months after the date on which the schedule is
adopted.
(c) COMMISSION MONITORING OF STATE IMPLEMENTA-
TION AND ENFORCEMENT.—The Commission shall, at least
annually, review each State’s implementation and enforce-
ment of coastal fishery management plans for the purpose
of determining whether such State is effectively implement-
ing and enforcing each such plan. Upon completion of such
reviews, the Commission shall report the results of the re-
views to the Secretaries.
SEC. 806. STATE NONCOMPLIANCE WITH COASTAL FISHERY
MANAGEMENT PLANS.
(a) NONCOMPLIANCE DETERMINATION.—The Commis-
sion shall determine that a State is not in compliance with
the provisions of a coastal fishery management plan if it
finds that the State has not implemented and enforced such
plan within the time frames established under the plan or
under section 805.
(b) NOTIFICATION.—Upon making any determination
under subsection (a), the Commission shall within 10 work-
ing days notify the Secretaries of such determination. Such
notification shall include the reasons for making the deter-
mination and an explicit list of actions that the affected
State must take to comply with the coastal fishery manage-
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ment plan. The Commission shall provide a copy of the no-
tification to the affected State.
(c) WITHDRAWAL OF NONCOMPLIANCE DETERMINA-
TION.—After making a determination under subsection (a),
the Commission shall continue to monitor State implemen-
tation and enforcement. Upon finding that a State has com-
plied with the actions required under subsection (b), the
Commission shall immediately withdraw its determination
of noncompliance. The Commission shall promptly notify
the Secretaries of such withdrawal.
SEC. 807. SECRETARIAL ACTION.
(a) SECRETARIAL REVIEW OF COMMISSION DETER-
MINATION OF NONCOMPLIANCE.—Within 30 days after re-
ceiving a notification from the Commission under section
806(b) and after review of the Commission’s determination
of noncompliance, the Secretary shall make a finding on—
(1) whether the State in question has failed to
carry out its responsibility under section 805; and
(2) if so, whether the measures that the State has
failed to implement and enforce are necessary for the
conservation of the fishery in question.
(b) CONSIDERATION
OF COMMENTS.—In making a
finding under subsection (a), the Secretary shall—
(1) give careful consideration to the comments of
the State that the Commission has determined under
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section 806(a) is not in compliance with a coastal
fishery management plan, and provide such State,
upon request, with the opportunity to meet with and
present its comments directly to the Secretary; and
(2) solicit and consider the comments of the
Commission and the appropriate Councils.
(c) MORATORIUM.—(1) Upon making a finding under
subsection (a) that a State has failed to carry out its re-
sponsibility under section 805 and that the measures it
failed to implement and enforce are necessary for conserva-
tion, the Secretary shall declare a moratorium on fishing
in the fishery in question within the waters of the non-
complying State. The Secretary shall specify the morato-
rium’s effective date, which shall be any date within 6
months after declaration of the moratorium.
(2) If after a moratorium is declared under paragraph
(1) the Secretary is notified by the Commission that the
Commission is withdrawing under section 806(c) the deter-
mination of noncompliance, the Secretary shall imme-
diately determine whether the State is in compliance with
the applicable plan. If so, the moratorium shall be termi-
nated.
(d) IMPLEMENTING
REGULATIONS.—The Secretary
may issue regulations necessary to implement this section.
Such regulations—
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(1) may provide for the possession and use of
fish which have been produced in an aquaculture op-
eration, subject to applicable State regulations; and
(2) shall allow for retention of fish that are sub-
ject to a moratorium declared under this section and
unavoidably taken as incidental catch in fisheries di-
rected toward menhaden if—
(A) discarding the retained fish is imprac-
ticable;
(B) the retained fish do not constitute a sig-
nificant portion of the catch of the vessel; and
(C) retention of the fish will not, in the
judgment of the Secretary, adversely affect the
conservation of the species of fish retained.
(e) PROHIBITED ACTS DURING MORATORIUM.—Dur-
ing the time in which a moratorium under this section is
in effect, it is unlawful for any person to—
(1) violate the terms of the moratorium or of any
implementing regulations issued under subsection (d);
(2) engage in fishing for any species of fish to
which the moratorium applies within the waters of
the State subject to the moratorium;
(3) land, attempt to land, or possess fish that are
caught, taken, or harvested in violation of the morato-
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rium or of any implementing regulation issued under
subsection (d);
(4) fail to return to the water immediately, with
a minimum of injury, any fish to which the morato-
rium applies that are taken incidental to fishing for
species other than those to which the moratorium ap-
plies, except as provided by regulations issued under
subsection (d);
(5) refuse to permit any officer authorized to en-
force the provisions of this title to board a fishing ves-
sel subject to such person’s control for purposes of con-
ducting any search or inspection in connection with
the enforcement of this title;
(6) forcibly assault, resist, oppose, impede, in-
timidate, or interfere with any such authorized officer
in the conduct of any search or inspection under this
title;
(7) resist a lawful arrest for any act prohibited
by this section;
(8) ship, transport, offer for sale, sell, purchase,
import, or have custody, control, or possession of, any
fish taken or retained in violation of this title; or
(9) interfere with, delay, or prevent, by any
means, the apprehension or arrest of another person,
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knowing that such other person has committed any
act prohibited by this section.
(f) CIVIL AND CRIMINAL PENALTIES.—(1) Any person
who commits any act that is unlawful under subsection (e)
shall be liable to the United States for a civil penalty as
provided by section 308 of the Magnuson Fishery Conserva-
tion and Management Act (16 U.S.C. 1858).
(2) Any person who commits an act prohibited by
paragraph (5), (6), (7), or (9) of subsection (e) is guilty
of an offense punishable as provided by section 309 (a)(1)
and (b) of the Magnuson Fishery Conservation and Man-
agement Act (16 U.S.C. 1859(a)(1) and (b)).
(g) CIVIL FORFEITURES.—(1) Any vessel including its
gear, equipment, appurtenances, stores, and cargo) used,
and any fish (or the fair market value thereof) taken or
retained, in any manner, in connection with, or as the re-
sult of, the commission of any act that is unlawful under
subsection (e), shall be subject to forfeiture to the United
States as provided in section 310 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1860).
(2) Any fish seized pursuant to this title may be dis-
posed of pursuant to the order of a court of competent juris-
diction or, if perishable, in a manner prescribed in regula-
tion.
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(h) ENFORCEMENT.—A person authorized by the Sec-
retary or the Secretary of the Department in which the
Coast Guard is operating may take any action to enforce
a moratorium declared under subsection (c) of this section
that an officer authorized by the Secretary under section
311(b) of the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1861(b)) may take to enforce that Act.
The Secretary may, by agreement, on a reimbursable basis
or otherwise, utilize the personnel, services, equipment (in-
cluding aircraft and vessels), and facilities of any other
Federal department or agency and of any agency of a State
in carrying out that enforcement.
SEC. 808. FINANCIAL ASSISTANCE.
The Secretary and the Secretary of the Interior may
provide financial assistance to the Commission and to the
States to carry out their respective responsibilities under
this title, including—
(1) the preparation, implementation, and en-
forcement of coastal fishery management plans; and
(2) State activities that are specifically required
within such plans.
SEC. 809. AUTHORIZATION OF APPROPRIATIONS.
To carry out the provisions of this title, there are au-
thorized to be appropriated $3,000,000 for fiscal year 1994,
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$5,000,000 for fiscal year 1995, and $7,000,000 for fiscal
year 1996.
SEC. 810. ATLANTIC STRIPED BASS CONSERVATION ACT.
Section 9 of the Atlantic Striped Bass Conservation
Act (16 U.S.C. 1851 note) is repealed.
SEC. 811. INTERJURISDICTIONAL FISHERIES ACT OF 1986.
Section 308(c) of the Interjurisdictional Fisheries Act
of 1986 (16 U.S.C. 4107(c)) is amended by inserting ‘‘, and
$600,000 for each of the fiscal years 1994 and 1995,’’ imme-
diately after ‘‘and 1993’’.
TITLE IX—LIBERTY MEMORIAL
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Liberty Memorial Act
of 1993’’.
SEC. 902. CONVEYANCE VESSELS.
(a) AUTHORITY TO CONVEY.—The Secretary of Trans-
portation may convey without consideration all right, title,
and interest of the United States in two vessels described
in subsection (b) to any nonprofit organization that oper-
ates and maintains a Liberty Ship or Victory Ship as a
memorial to merchant mariners.
(b) VESSELS DESCRIBED.—Vessels that may be con-
veyed under subsection (a) are vessel that—
(1) are in the National Defense Reserve Fleet on
the date of the enactment of this Act;
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(2) are not less than 4,000 displacement tons;
(3) have no usefulness to the Government; and
(4) are scheduled to be scrapped.
(c) CONDITIONS OF CONVEYANCE.—As a condition of
conveying any vessel to an organization under subsection
(a), the Secretary of Transportation shall require that be-
fore the date of the conveyance, the organization shall enter
into an agreement under which the organization shall—
(1) sell the vessel for scrap purposes;
(2) use the proceeds of that scrapping for the
purpose of refurbishing and making seaworthy a Lib-
erty Ship or Victory Ship that the organization
maintains as a memorial to merchant mariners, to
enable the vessel to participate in 1994 in commemo-
rative activities in conjunction with the 50th anniver-
sary of the Normandy invasion; and
(3) return to the United States any proceeds of
scrapping carried out pursuant to paragraph (1) that
are not used in accordance with paragraph (2).
(d) DEPOSIT OF AMOUNTS RETURNED.—Amounts re-
turned to the Untied States pursuant to subsection (c)(3)
shall be deposited in the Vessel Operations Revolving Fund
established under the Act of June 2, 1951 (46 App. U.S.C.
1241a).
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(e) DELIVERY OF VESSELS.—The Secretary of Trans-
portation shall deliver each vessel conveyed under this sec-
tion—
(1) at the place where the vessel is located on the
date of the approval of the conveyance by the Sec-
retary of Transportation;
(2) in its condition on that date; and
(3) without cost to the Government.
(f) EXPIRATION OF AUTHORITY TO CONVEY.—The au-
thority of the Secretary of Transportation under this section
to convey vessels shall expire on the date that is 2 years
after the date of enactment of this Act.
Attest:
Secretary.
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