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U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(7) in paragraph (33), by inserting after ‘‘300
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(8) in paragraph (35), by inserting after ‘‘100
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’; and
(9) in paragraph (42), by inserting after ‘‘100
gross tons’’, each time it appears, the words ‘‘as
measured under 46 U.S.C. 14502 or an alternate
tonnage measured under 46 U.S.C. 14302 as pre-
scribed by the Secretary under 46 U.S.C. 14104’’.
SEC. 509. AUTHORITY TO EXCEPT CERTAIN VESSELS.
Section 2113 of title 46, United States Code, is
amended—
(1) in paragraph (4), by inserting after ‘‘at
least 100 gross tons but less than 300 gross tons’’
the words ‘‘as measured under 46 U.S.C. 14502 or
an alternate tonnage measured under 46 U.S.C.
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14302 as prescribed by the Secretary under 46
U.S.C. 14104’’; and
(2) in paragraph (5), by inserting after ‘‘at
least 100 gross tons but less than 500 gross tons’’
the words ‘‘as measured under 46 U.S.C. 14502 or
an alternate tonnage measured under 46 U.S.C.
14302 as prescribed by the Secretary under 46
U.S.C. 14104’’.
SEC. 510. INSPECTION OF VESSELS.
Section 3302 of title 46, United States Code, is
amended—
(1) in subsection (c)(1), by inserting after
‘‘5,000 gross tons’’ the words ‘‘as measured under
46 U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(2) in subsection (c)(2), by inserting after ‘‘500
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(3) in subsection (c)(3), by inserting after ‘‘500
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
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under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(4) in subsection (c)(4)(A), by inserting after
‘‘500 gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(5) in subsection (d)(1), by inserting after ‘‘150
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(6) in subsection (i)(1)(A), by inserting after
‘‘300 gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’; and
(7) in subsection (j), by inserting after ‘‘15
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’.
SEC. 511. REGULATIONS.
Section 3306 of title 46, United States Code, is
amended—
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(1) in subsection (h), by inserting after ‘‘at
least 100 gross tons but less than 300 gross tons’’
the words ‘‘as measured under 46 U.S.C. 14502 or
an alternate tonnage measured under 46 U.S.C.
14302 as prescribed by the Secretary under 46
U.S.C. 14104’’; and
(2) in subsection (i), by inserting after ‘‘at least
100 gross tons but less than 500 gross tons’’ the
words ‘‘as measured under 46 U.S.C. 14502 or an
alternate tonnage measured under 46 U.S.C. 14302
as prescribed by the Secretary under 46 U.S.C.
14104’’.
SEC. 512. FREQUENCY OF INSPECTION.
Section 3307(2) of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
SEC. 513. PENALTIES—INSPECTION OF VESSELS.
Section 3318 of title 46, United States Code, is
amended—
(1) in subsection (a), by inserting after ‘‘100
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
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under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’; and
(2) in subsection (j)(1), by inserting after
‘‘1,600 gross tons’’ the words ‘‘as measured under
46 U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’.
SEC. 514. APPLICATION—TANK VESSELS.
Section 3702 of title 46, United States Code, is
amended—
(1) in subsection (b)(1), by inserting after ‘‘500
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(2) in subsection (c), by inserting after ‘‘500
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’; and
(3) in subsection (d), by inserting after ‘‘5,000
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’.
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SEC. 515. TANK VESSEL CONSTRUCTION STANDARDS.
Section 3703a of title 46, United States Code, is
amended—
(1) in subsection (b)(2), by inserting after
‘‘5,000 gross tons’’ the words ‘‘as measured under
46 U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(2) in subsection (c)(2), by inserting after
‘‘5,000 gross tons’’ each place they occur, the words
‘‘as measured under 46 U.S.C. 14502 or an alter-
nate tonnage measured under 46 U.S.C. 14302 as
prescribed by the Secretary under 46 U.S.C.
14104’’;
(3) in subsection (c)(3)(A), by inserting after
‘‘15,000 gross tons’’ the words ‘‘as measured under
46 U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(4) in subsection (c)(3)(B), by inserting after
‘‘30,000 gross tons’’ the words ‘‘as measured under
46 U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’; and
(5) in subsection (c)(3)(C), by inserting after
‘‘30,000 gross tons’’ the words ‘‘as measured under
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46 U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’.
SEC. 516. TANKER MINIMUM STANDARDS.
Section 3707 of title 46, United States Code, is
amended—
(1) in subsection (a), by inserting after ‘‘10,000
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’; and
(2) in subsection (b), by inserting after ‘‘10,000
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’.
SEC. 
517. 
SELF-PROPELLED 
TANK 
VESSEL 
MINIMUM
STANDARDS.
Section 3708 of title 46, United States Code, is
amended by inserting after ‘‘10,000 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
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SEC. 518. DEFINITION—ABANDONMENT OF BARGES.
Section 4701(l) of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
SEC. 519. APPLICATION—LOAD LINES.
Section 5102(b) of title 46, United States Code, is
amended—
(1) in paragraph (4), by inserting after ‘‘5,000
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(2) in paragraph (5), by inserting after ‘‘500
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’; and
(3) in paragraph (10), by inserting after ‘‘150
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’.
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SEC. 520. LICENSING OF INDIVIDUALS.
Section 7101(e)(3) of title 46, United States Code,
is amended by inserting after ‘‘1,600 gross tons’’ the
words ‘‘as measured under 46 U.S.C. 14502 or an alter-
nate tonnage measured under 46 U.S.C. 14302 as pre-
scribed by the Secretary under 46 U.S.C. 14104’’.
SEC. 521. ABLE SEAMEN—LIMITED.
Section 7308 of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
SEC. 522. ABLE SEAMEN—OFFSHORE SUPPLY VESSELS.
Section 7310 of title 46, United States Code, is
amended by inserting after ‘‘500 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
SEC. 523. SCALE OF EMPLOYMENT—ABLE SEAMEN.
Section 7312 of title 46, United States Code, is
amended—
(1) in subsection (b), by inserting after ‘‘1,600
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
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(2) in subsection (c)(1), by inserting after ‘‘500
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(3) in subsection (d), by inserting after ‘‘500
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(4) in subsection (f)(1), by inserting after
‘‘5,000 gross tons’’ the words ‘‘as measured under
46 U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’; and
(5) in subsection (f)(2), by inserting after
‘‘5,000 gross tons’’ the words ‘‘as measured under
46 U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’.
SEC. 524. GENERAL REQUIREMENTS—ENGINE DEPART-
MENT.
Section 7313(a) of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
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nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
SEC. 525. COMPLEMENT OF INSPECTED VESSELS.
Section 8101(h) of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
SEC. 526. WATCHMEN.
Section 8102(b) of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
SEC. 527. CITIZENSHIP AND NAVAL RESERVE REQUIRE-
MENTS.
Section 8103(b)(3)(A) of title 46, United States
Code, is amended by inserting after ‘‘1,600 gross tons’’
the words ‘‘as measured under 46 U.S.C. 14502 or an
alternate tonnage measured under 46 U.S.C. 14302 as
prescribed by the Secretary under 46 U.S.C. 14104’’.
SEC. 528. WATCHES.
Section 8104 of title 46, United States Code, is
amended—
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(1) in subsection (b), by inserting after ‘‘100
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(2) in subsection (d), by inserting after ‘‘100
gross tons’’ and after ‘‘5,000 gross tons’’ respec-
tively, each place they appear, the words ‘‘as meas-
ured under 46 U.S.C. 14502 or an alternate tonnage
measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’;
(3) in subsection (l)(1), by inserting after
‘‘1,600 gross tons’’ the words ‘‘as measured under
46 U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(4) in subsection (m)(1), by inserting after
‘‘1,600 gross tons’’ the words ‘‘as measured under
46 U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(5) in subsection (o)(1), by inserting after ‘‘500
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
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under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’; and
(6) in subsection (o)(2), by inserting after ‘‘500
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’.
SEC. 529. MINIMUM NUMBER OF LICENSED INDIVIDUALS.
Section 8301 of title 46, United States Code, is
amended—
(1) in subsection (a)(2), by inserting after
‘‘1,000 gross tons’’ the words ‘‘as measured under
46 U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(2) in subsection (a)(3), by inserting after ‘‘at
least 200 gross tons but less than 1,000 gross tons’’
the words ‘‘as measured under 46 U.S.C. 14502 or
an alternate tonnage measured under 46 U.S.C.
14302 as prescribed by the Secretary under 46
U.S.C. 14104’’;
(3) in subsection (a)(4), by inserting after ‘‘at
least 100 gross tons but less than 200 gross tons’’
the words ‘‘as measured under 46 U.S.C. 14502 or
an alternate tonnage measured under 46 U.S.C.
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14302 as prescribed by the Secretary under 46
U.S.C. 14104’’;
(4) in subsection (a)(5), by inserting after ‘‘300
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’;
(5) in subsection (b), by inserting after ‘‘200
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’; and
(6) in subsection (e)(3), by inserting after ‘‘200
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’.
SEC. 530. OFFICERS’ COMPETENCY CERTIFICATE CONVEN-
TION.
Section 3304(b)(4) of title 46, United States Code,
is amended by inserting after ‘‘200 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
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SEC. 531. MERCHANT MARINERS’ DOCUMENTS REQUIRED.
Section 8701 of title 46, United States Code, is
amended—
(1) in subsection (a), by inserting after ‘‘100
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’; and
(2) in subsection (a)(6), by inserting after
‘‘1,600 gross tons’’ the words ‘‘as measured under
46 U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’.
SEC. 532. CERTAIN CREW REQUIREMENTS.
Section 8702 of title 46, United States Code, is
amended—
(1) in subsection (a), by inserting after ‘‘100
gross tons’’ the words ‘‘as measured under 46
U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’; and
(2) in subsection (a)(6), by inserting after
‘‘1,600 gross tons’’ the words ‘‘as measured under
46 U.S.C. 14502 or an alternate tonnage measured
under 46 U.S.C. 14302 as prescribed by the Sec-
retary under 46 U.S.C. 14104’’.
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SEC. 533. FREIGHT VESSELS.
Section 8901 of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
SEC. 534. EXEMPTIONS.
Section 8905(b) of title 46, United States Code, is
amended by inserting after ‘‘200 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
SEC. 535. UNITED STATES REGISTERED PILOT SERVICE.
Section 9303(a)(2) of title 46, United States Code,
is amended by inserting after ‘‘4,000 gross tons’’ the
words ‘‘as measured under 46 U.S.C. 14502 or an alter-
nate tonnage measured under 46 U.S.C. 14302 as pre-
scribed by the Secretary under 46 U.S.C. 14104’’.
SEC. 536. DEFINITIONS—MERCHANT SEAMEN PROTECTION.
Section 10101(1)(B) of title 46, United States Code,
is amended by inserting after ‘‘1,600 gross tons’’ the
words ‘‘as measured under 46 U.S.C. 14502 or an alter-
nate tonnage measured under 46 U.S.C. 14302 as pre-
scribed by the Secretary under 46 U.S.C. 14104’’.
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SEC. 537. APPLICATION—FOREIGN AND INTERCOASTAL
VOYAGES.
Section 10301(a)(2) of title 46, United States Code,
is amended by inserting after ‘‘75 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
SEC. 538. APPLICATION—COASTWISE VOYAGES.
Section 10501(a) of title 46, United States Code, is
amended by inserting after ‘‘50 gross tons’’ the words ‘‘as
measured under 46 U.S.C. 14502 or an alternate tonnage
measured under 46 U.S.C. 14302 as prescribed by the
Secretary under 46 U.S.C. 14104’’.
SEC. 539. FISHING AGREEMENTS.
Section 10601(a)(1) of title 46, United States Code,
is amended by inserting after ‘‘20 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
SEC. 540. ACCOMMODATIONS FOR SEAMEN.
Section 11101(a) of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
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SEC. 541. MEDICINE CHESTS.
Section 11102(a) of title 46, United States Code, is
amended by inserting after ‘‘75 gross tons’’ the words ‘‘as
measured under 46 U.S.C. 14502 or an alternate tonnage
measured under 46 U.S.C. 14302 as prescribed by the
Secretary under 46 U.S.C. 14104’’.
SEC. 542. LOGBOOK AND ENTRY REQUIREMENTS.
Section 11301(a)(2) of title 46, United States Code,
is amended by inserting after ‘‘75 gross tons’’ the words
‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
nage measured under 46 U.S.C. 14302 as prescribed by
the Secretary under 46 U.S.C. 14104’’.
SEC. 543. COASTWISE ENDORSEMENTS.
Section 12106(c)(1) of title 46, United States Code,
is amended by inserting after ‘‘two hundred gross tons’’
the words ‘‘as measured under 46 U.S.C. 14502 or an
alternate tonnage measured under 46 U.S.C. 14302 as
prescribed by the Secretary under 46 U.S.C. 14104’’.
SEC. 544. FISHERY ENDORSEMENTS.
Section 12108(c)(1) of title 46, United States Code,
is amended by inserting after ‘‘two hundred gross tons’’
the words ‘‘as measured under 46 U.S.C. 14502 or an
alternate tonnage measured under 46 U.S.C. 14302 as
prescribed by the Secretary under 46 U.S.C. 14104’’
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TITLE VI—MISCELLANEOUS
AMENDMENTS
SEC. 601. JURISDICTION OVER VESSELS ENGAGED IN
DRIFTNET FISHING ON THE HIGH SEAS.
(a) Section 1802(32) of title 16, United States Code,
is amended by adding the following new subsection:
‘‘(32) The term ‘vessel subject to the jurisdiction of
the United States’ has the meaning given the term in the
Maritime Drug Law Enforcement Act (46 U.S.C. App.
1903(c));’’
and by renumbering the existing paragraph (32) as para-
graph (33).
(b) Section 1857(1)(M) of title 16, United States
Code, is amended by deleting the existing subsection and
substituting the following:
‘‘(M) on board a vessel of the United States or
a vessel subject to the jurisdiction of the United
States, to engage in large-scale driftnet fishing upon
the high seas beyond the Exclusive Economic Zone
of any nation or within the Exclusive Economic
Zone of the United States. It shall be a rebuttable
presumption that any vessel that is shoreward of the
outer boundary of the exclusive economic zone of the
United States or beyond the exclusive economic zone
of any nation, and that has on board gear that is
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capable of use for large-scale driftnet fishing, is en-
gaged in such fishing; or’’.
SEC. 602. IMPROVED AUTHORITY TO SELL RECYCLABLE
MATERIAL.
(a) Section 641(c)(2) of title 14, United States Code,
is amended to read as follows:
‘‘(2) Notwithstanding any other law, where the esti-
mated proceeds from a sale will not exceed $5,000, recy-
clable materials may be sold by a modified negotiated sale
by Coast Guard units having qualified recycling programs.
All other sales of recyclable materials shall be governed
by section 203 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484).’’
(b) Section 641 of title 14, United States Code, is
amended by redesignating subsection (e) as subsection (f),
and inserting after (d) the following new subsection:
‘‘(e) The following definitions apply to subsections (c)
and (d) of this section:
‘‘(1) ‘Recyclable materials’ means those mate-
rials that—
‘‘(A) have no value other than the intrinsic
value of their raw materials;
‘‘(B) require physical or chemical process-
ing to be reused; and
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‘‘(C) would be discarded to become part of
the waste stream unless recycled.
‘‘(2) ‘Modified negotiated sale’ means a sale in-
volving oral or written solicitation of bidders, with
the award going to the highest bidder. The Com-
mandant shall prescribe regulations governing these
sales.’’.
SEC. 603. SHIP RADIO INSTALLATIONS FOR PASSENGER
AND CARGO VESSELS.
The Communications Act of 1934 (47 U.S.C. 151,
et seq.) is amended—
(1) by amending the heading for Subchapter
III, Part II of the Communications Act of 1934 in
the table of sections at the beginning of chapter 5
of title 47, United States Code, by striking ‘‘RADIO
EQUIPMENT
AND RADIO OPERATORS
ON BOARD
SHIP’’ and inserting ‘‘SHIP RADIO INSTALLATIONS
FOR PASSENGER AND CARGO VESSELS’’;
(2) by amending section 351 (47 U.S.C. 351)
to read as follows:
‘‘(a) Except as provided for in section 352 hereof, it
shall be unlawful for any United States passenger vessel,
or for any United States cargo vessel three hundred gross
tons or over, to operate in the open sea outside of a harbor
or port, or for any such ship of the United States or any
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foreign country, to leave or attempt to leave any harbor
or port of the United States to operate in the open sea,
unless such ship is equipped with an efficient radio station
installation that complies with the radio communications
provisions of the Safety Convention as specified by the
Commission.
‘‘(b) The radio station installation and watch require-
ments shall be sufficient—
‘‘(1) to alert other ships and shore-based facili-
ties by at least two separate and independent sys-
tems;
‘‘(2) to receive distress alerts from other ships
and from shore;
‘‘(3) to communicate with other ships and with
shore; and
‘‘(4) to receive transmissions of maritime safety
information.
‘‘(c) Each vessel equipped with a radio station instal-
lation in accordance with this part shall have on board
two persons who are knowledgeable in the operation of the
radio equipment and are licensed by the Commission in
a manner the Commission deems appropriate.
‘‘(d) Radio equipment required by this part shall be
maintained in a manner consistent with the provisions of
the Safety Convention, by one or a combination of the fol-
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lowing methods, as specified by the Commission: duplica-
tion of equipment, shore-based maintenance, or at-sea
electronic maintenance capability.’’;
(3) by amending the section heading for section
351 by striking ‘‘Ship radio stations and oper-
ations.’’ and inserting ‘‘Vessels subject to this
part.’’;
(4) by amending the item relating to section
351 in the table of sections at the beginning of chap-
ter 5 of title 47, United States Code, by striking
‘‘Ship radio stations and operations.’’ and inserting
‘‘Vessels subject to this part.’’;
(5) by amending section 352(a)(2) (47 U.S.C.
352(a)(2)) by striking the balance of the subpara-
graph after the words ‘‘by the Government’’;
(6) by amending section 352(b) (47 U.S.C.
352(b)) to read as follows:
‘‘Except for nuclear ships, the Commission may ex-
empt from the radio station provisions of this part any
ship or any class of ships that complies with the functional
requirements of section 351(b) if the conditions affecting
safety are such as to render full application of the provi-
sions of this part unreasonable or unnecessary. When de-
ciding whether to grant such an exemption, the Commis-
sion shall have regard for the effect that such exemption
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might have on the general efficiency of the service for the
safety of all ships.’’;
(7) by striking sections 352(c) and (d) (47
U.S.C. 352(c), (d));
(8) by amending section 353 (47 U.S.C. 353)
to read as follows:
‘‘The Commission shall have authority with respect
to any vessel subject to this part—
‘‘(a) to specify radio operator qualifications,
radio installation operating, technical, and environ-
mental 
characteristic, 
including 
frequencies,
emmissions, power, receiver characteristics, commu-
nications capability, and range;
‘‘(b) to approve installations, apparatus, and
spare parts necessary to comply with the purposes
and requirements of this part;
‘‘(c) to prescribe any additional equipment nec-
essary for the proper functioning of the radio equip-
ment installed in accordance with this part or for
the proper conduct of radio communications in time
of emergency or distress; and
‘‘(d) to approve the details concerning the loca-
tion and manner of installation of equipment nec-
essary to meet the purposes and requirements of this
part.’’;
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(9) by amending the section heading for section
353 by striking ‘‘Radio equipment and operators.’’
and inserting ‘‘Ship radio station installation oper-
ation.’’;
(10) by amending the item relating to section
353 in the table of sections at the beginning of chap-
ter 5 of title 47, United States Code, by striking
‘‘Radio equipment and operators.’’ and inserting
‘‘Ship radio station installation operation.’’;
(11) by striking sections 354–358 (47 U.S.C.
354–358); and
(12) the table of sections at the beginning of
chapter 5 of title 47, United States Code, is amend-
ed by striking all items relating to sections 354–358.
TITLE VII—STATE RECREATIONAL
BOATING SAFETY FUNDING
SEC. 701. BOATING SAFETY GRANTS.
(a) TRANSFER OF AMOUNTS FOR STATE BOATING
SAFETY PROGRAMS.—
(1) TRANSFERS.—Section 4(b) of the Act of
August 9, 1950 (16 U.S.C. 777c(b)), is amended to
read as follows:
‘‘(b)(1) Of the balance of each annual appropriation
remaining after making the distribution under subsection
(a), an amount equal to $40,000,000 for fiscal year 1996,
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$55,000,000 for fiscal year 1997, and $69,000,000 for
each of fiscal years 1998 and 1999, shall, subject to para-
graph (2), be used as follows:
‘‘(A) A sum equal to $10,000,000 of the
amount available for each of fiscal years 1996
through 1999 shall be available for use by the Sec-
retary of the Interior for grants under section
5604(c) of the Clean Vessel Act of 1992. Any por-
tion of such a sum available for a fiscal year that
is not obligated for those grants before the end of
the following fiscal year shall be transferred to the
Secretary of Transportation and shall be expended
by the Secretary of Transportation for State rec-
reational boating safety programs under section
13106 of title 46, United States Code.
‘‘(B) A sum equal to $30,000,000 of the
amount available for fiscal year 1996, $45,000,000
of the amount available for fiscal year 1997, and
$59,000,000 of the amount available for each of fis-
cal years 1998 and 1999, shall be transferred to the
Secretary of Transportation and shall be expended
by the Secretary of Transportation for State rec-
reational boating safety programs under section
13106 of title 46, United States Code.
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Any portion of such a sum available for a fiscal year that
is not obligated for those grants before the end of the fol-
lowing fiscal year shall be transferred to the Secretary of
Transportation and shall be expended by the Secretary of
Transportation for State recreational boating safety pro-
grams under section 13106 of title 46, United States
Code.
‘‘(2)(A) The amount transferred under paragraph
(1)(B) for a fiscal year shall be reduced by the lesser of—
‘‘(i) the amount appropriated to the Secretary
of Transportation for the fiscal year to carry out the
purposes of section 13106 of title 46, United States
Code, from the Boat Safety Account in the Aquatic
Resources Trust Fund established under section
9504 of the Internal Revenue Code of 1986; or
‘‘(ii) $35,000,000; or
‘‘(iii) for fiscal year 1996 only, $30,000,000.
‘‘(B) The amount of any reduction under subpara-
graph (A) shall be apportioned among the several States
under subsection (d) by the Secretary of the Interior.’’.
(2) 
CONFORMING
AMENDMENT.—Section
5604(c)(1) of the Clean Vessel Act of 1992 (33
U.S.C. 1322 note) is amended by striking ‘‘section
4(b)(2) of the Act of August 9, 1950 (16 U.S.C.
777c(b)(2), as amended by this Act)’’ and inserting
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‘‘section 4(b)(1) of the Act of August 9, 1950 (16
U.S.C. 777c(b)(1))’’.
(3) LIMITATION
ON
OTHER
DISTRIBUTION.—
Notwithstanding any other provision of law, for fis-
cal year 1996, of the amount appropriated in ac-
cordance with section 3 of the Act of August 9,
1950 (16 U.S.C. 777b), $20,000,000 shall be ex-
cluded from the total amount subject to the eighteen
percent calculation of section 4(a) of such Act (16
U.S.C. 777c(a)).
(b) EXPENDITURE OF AMOUNTS FOR STATE REC-
REATIONAL
BOATING
SAFETY
PROGRAMS.—Section
13106 of title 46, United States Code, is amended—
(1) in subsection (a)(1) by striking the first
sentence and inserting the following: ‘‘Subject to
paragraph (2), the Secretary may expend under con-
tracts with States under this chapter in each fiscal
year for State recreational boating safety programs
an amount equal to the sum of the amount appro-
priated from the Boat Safety Account for that fiscal
year plus the amount transferred to the Secretary
under section 4(b)(1) of the Act of August 9, 1950
(16 U.S.C. 777c(b)(1)) for that fiscal year.’’; and
(2) by amending subsection (c) to read as fol-
lows:
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‘‘(c) For expenditure under this chapter for State rec-
reational boating safety programs there are authorized to
be appropriated to the Secretary of Transportation from
the Boat Safety Account established under section 9504
of the Internal Revenue Code of 1986 (26 U.S.C. 9504)
not more than $35,000,000 each fiscal year.’’.
TITLE VIII—PERSONNEL MANAGEMENT
IMPROVEMENT
SEC. 801. FUNDS FOR RECRUITING.
Section 468 of title 14, United States Code, is
amended to read after the heading:
‘‘The Coast Guard may expend operating expense
funds for recruiting activities, including but not limited
to advertising and entertainment, in order to:
(1) obtain recruits for the Service and cadet ap-
plicants; and
(2) gain support of recruiting objectives from
those who may assist in the recruiting effort.’’.
SEC. 802. PROVISION OF CHILD DEVELOPMENT SERVICES.
(a) Title 14, United States Code, is amended by in-
serting after section 514 the following new section:
‘‘§ 515. Child development services
‘‘(a) The Secretary may make child development serv-
ices available for members of the armed forces and Fed-
eral civilian employees. From funds appropriated to the
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department in which the Coast Guard is operating, such
sums may be expended as are necessary to carry out this
program. Child development service benefits provided
under the authority of this section shall be in addition to
benefits provided under existing programs.
‘‘(b) For purposes of this section, the term ‘Coast
Guard child development center’ includes a ‘military child
development center’, as that term is defined by section
1501(b)(1) of the Military Child Care Act of 1989 (10
U.S.C. 113 note), but does not include contractor operated
centers or government/contractor cooperatives established
under section 490b of title 40, United States Code. The
term ‘child care fee receipts’ shall have the same meaning
as defined by section 1501(b)(4) of the Military Child
Care Act of 1989.
‘‘(c)(1) Except as provided in paragraph (2) as, the
Secretary may require child care fee receipts to be used
only for compensation of child development center employ-
ees who are directly involved in providing child care.
‘‘(2) If the Secretary determines that compliance with
the limitation in paragraph (1) would result in an uneco-
nomical and inefficient use of such fee receipts, the Sec-
retary may (to the extent that such compliance would be
uneconomical and inefficient) use such receipts—
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‘‘(A) for the purchase of consumable or dispos-
able items for Coast Guard child development cen-
ters; and
‘‘(B) if the requirements of such centers for
consumable or disposable items for a given fiscal
year have been met, for other expenses of those cen-
ters.
‘‘(d) The Secretary shall prescribe regulations for es-
tablishing and collecting fees to be charged parents for
the attendance of children at Coast Guard child develop-
ment centers. Those regulations shall require that, in the
case of children who attend the centers on a regular basis,
the fees shall be based on family income.
‘‘(e)(1) The Secretary shall establish a training pro-
gram for child development center employees. Subject to
paragraph (2), satisfactory completion of the training pro-
gram shall be a condition of employment of any person
as a child development center employee.
‘‘(2) The Secretary shall require that each child de-
velopment center employee complete the training program
not later than six months after the date on which the em-
ployee is employed as a child development center employee
(except that, in the case of a child development center em-
ployee hired before the date on which the training program
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is established, the employee shall complete the program
not later than six months after that date).
‘‘(3) The training program established under this
subsection shall cover, at a minimum, training in the fol-
lowing:
‘‘(A) Early childhood development.
‘‘(B) Activities and disciplinary techniques ap-
propriate to children of different ages.
‘‘(C) Child abuse prevention and detection.
‘‘(D) Cardiopulmonary resuscitation and other
appropriate emergency medical procedures.
‘‘(f) The Secretary may use funds available to the
Coast Guard for operating expenses for Coast Guard child
development centers. Such funds shall not be less than the
amount of child care fee receipts that are estimated to
be received by the Coast Guard during the fiscal year.
‘‘(g) The Secretary may use appropriated funds avail-
able to the Coast Guard to provide assistance to family
home day care providers so that family home day care
services can be provided to uniformed service members
and civilian employees of the Coast Guard at a cost com-
parable to the cost of services provided by Coast Guard
child development centers.
‘‘(h) The Secretary shall require that each Coast
Guard child development center be inspected not less often
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than four times a year. Each such inspection shall be un-
announced.
‘‘(i) The Secretary shall promulgate regulations to
implement this section.’’.
(b) The table of sections at the beginning of chapter
13 of title 14, United States Code, is amended by inserting
after the item related to section 514 the following:
‘‘515. Child development services.’’.
SEC. 803. HURRICANE ANDREW RELIEF.
Section 2856 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484) applies
to the military personnel of the Coast Guard who were
assigned to, or employed at or in connection with, any
Federal facility or installation in the vicinity of Homestead
Air Force Base, Florida, including the areas of Broward,
Collier, Dade, and Monroe Counties, on or before August
24, 1992, except that funds available to the Coast Guard,
not to exceed $25,000, shall be used. The Secretary of
Transportation shall administer the provisions of section
2856 for the Coast Guard.
SEC. 804. DISSEMINATION OF RESULTS OF 0–6 CONTINU-
ATION BOARDS.
Section 289(f) of title 14, United States Code, is
amended by deleting ‘‘Upon approval by the President, the
names of the officers selected for continuation on active
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duty by the board shall be promptly disseminated to the
service at large.’’.
SEC. 805. EXCLUDE CERTAIN RESERVES FROM END-OF-
YEAR STRENGTH.
Section 712 of title 14, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(d) Members ordered to active duty under this sec-
tion shall not be counted in computing authorized strength
in members on active duty or members in grade under
this title or under any other law.’’.
SEC. 
806. 
OFFICER 
RETENTION 
UNTIL 
RETIREMENT
ELIGIBLE.
Section 283(b) of title 14, United States Code, is
amended—
(1) by striking ‘‘he’’ and inserting ‘‘that offi-
cer’’; and
(2) by adding the following new sentence at the
end: ‘‘However, if one the date specified for dis-
charge under this subsection, an officer has com-
pleted at least eighteen years of active service, the
officer shall be retained on active duty and retired
on the last day of the month in which the officer
completes twenty years of active service, unless ear-
lier removed under another provision of law.’’.
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SEC. 807. SPECIAL RECRUITING AUTHORITY TO ACHIEVE
DIVERSITY.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The ability of the United States Coast
Guard to perform its functions and duties will be en-
hanced if the representation of women and minori-
ties in its workforce is increased.
(2) Women and minorities have historically
been under represented in the Coast Guard officer
corps.
(3) The number of women and minorities occu-
pying leadership positions in the United States
Coast Guard should reflect the proportion of women
and minorities in the total workforce.
(4) Women and minorities have historically
been under represented at the United States Coast
Guard Academy.
(5) Notwithstanding intensive application of
traditional recruiting programs, the Coast Guard
has not been able to rectify the historic under rep-
resentation or under utilization of women and mi-
norities in the Service and at the Academy and ad-
vance beyond the current minority and women re-
cruitment plateau.
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(6) The education and professional training
provided at the United States Coast Guard Academy
will be enhanced by the benefits that flow from a di-
verse student body.
(7) Women and minorities in the United States
Coast Guard should be assigned to positions of re-
sponsibility that fully utilize their technical, profes-
sional, and leadership skills.
(8) Because traditional recruiting methods have
failed to rectify the historical under representation
of women and minorities in the United States Coast
Guard, it is necessary and appropriate to authorize
the use of the special programs for recruiting women
and minorities into the United States Coast Guard.
(b) NEW AUTHORITY.—Section 93 of title 14, United
States Code, as amended by section 202 of this Act, is
further amended—
(1) by striking ‘‘and’’ after the semicolon at the
end of paragraph (u);
(2) by striking the period at the end of para-
graph (v) and inserting a semicolon and the word
‘‘and’’; and
(3) by adding at the end of the following:
‘‘(w) for the purposes of rectifying under representa-
tion of women and minorities in the Coast Guard and to
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meet identified personnel resource requirements and train-
ing needs—
‘‘(1) obtain research on Coast Guard personnel
resource and training needs; and
‘‘(2) employ special programs for recruiting
women and minorities, including the provision of fi-
nancial assistance by grant, cooperative agreement,
contract, or otherwise, to public or private associa-
tions, organizations, or individuals (including aca-
demic scholarships for individuals), to implement na-
tional or local outreach programs.’’.
(c) EXPIRATION OF NEW AUTHORITY.—The special
recruiting authority provided in this section shall expire
on December 31, 2000. Prior to any extension of this au-
thority beyond December 31, 2000, the Secretary of the
Department in which the Coast Guard is operating shall
submit a report to Congress providing information on the
funds expended for programs under this authority and the
effectiveness of those programs in increasing the represen-
tation of women and minorities in the Coast Guard.
TITLE IX—NAVIGATION SAFETY AND
WATERWAY SERVICES MANAGEMENT
SEC. 901. FOREIGN PASSENGER VESSEL USER FEES.
Section 3303 of title 46, United States Code, is
amended—
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(1) in subsection (a) by striking ‘‘(a) Except
as’’ and inserting ‘‘Except as’’; and
(2) by striking subsection (b).
SEC. 902. INCREASED PENALTIES FOR DOCUMENTATION
VIOLATIONS.
(a) Section 12122(a) of title 46, United States Code,
is amended by striking ‘‘$500’’ and inserting in its place,
‘‘$25,000’’.
(b) Section 12122(b) of title 46, United States Code,
is amended to read as follows:
‘‘(b) A vessel and its equipment are liable to seizure
by and forfeiture to the United States Government—
‘‘(1) when the owner of a vessel or the rep-
resentative or agent of the owner knowingly falsifies
or conceals a material fact, or makes a false state-
ment or representation about the documentation or
when applying for documentation of the vessel;
‘‘(2) when a certificate of documentation is
knowingly and fraudulently used for a vessel;
‘‘(3) when a vessel is operated after its endorse-
ment has been denied or revoked under section
12123 of this title;
‘‘(4) when a vessel is employed in a trade with-
out an appropriate trade endorsement;
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‘‘(5) when a documented vessel with only a rec-
reational endorsement is operated other than for
pleasure; or
‘‘(6) when a documented vessel is placed under
the command of a person not a citizen of the United
States.’’.
(c) Section 12122(c) of title 46, United States Code,
is repealed.
(d) Section 12110(c) of title 46, United States Code,
is amended to read as follows: ‘‘A vessel with only a rec-
reational endorsement may not be operated other than for
pleasure.’’.
SEC. 903. LICENSING OF COMMERCIAL FISHING VESSEL OP-
ERATORS.
(a) Chapter 89 of title 46, United States Code, is
amended by adding a new section 8904a to read as fol-
lows:
‘‘§ 8904a. Uninspected fishing industry vessels
‘‘A documented uninspected fishing vessel, fish proc-
essing vessel, or fish tender vessel shall be operated by
an individual licensed by the Secretary to operate that
type of vessel under prescribed regulations.’’.
(b) The table of sections at the beginning of chapter
89 of title 46, United States Code, is amended by inserting
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in the list after the item ‘‘8904. Towing vessels.’’ the fol-
lowing new item:
‘‘8904a. Uninspected fishing industry vessels.’’.
SEC. 904. OUTER CONTINENTAL SHELF CIVIL PENALTIES.
Section 24(b) of the Outer Continental Shelf Lands
Act, as added by section 208 of the Outer Continental
Shelf Lands Act Amendments of 1978, Public Law 95–
372 (43 U.S.C. 1350(b)), and as amended by section 8201
of the Oil Pollution Act of 1990, Public Law 101–380,
is further amended—
(1) in paragraph (1) by deleting ‘‘paragraph
(2),’’ and substituting ‘‘paragraphs (2) and (3),’’;
and
(2) by adding a new paragraph (3) to read as
follows:
‘‘(3)(A) If a person fails to comply with or violates
a regulation issued under this Act by the Secretary of the
department in which the Coast Guard is operating, that
person is liable, without regard to the requirement of the
expiration of a period allowed for corrective action, to the
United States Government for a civil penalty of not more
than the amount provided in paragraph (1) for each day
of the continuance of that failure or violation.
‘‘(B) The Secretary of the department in which the
Coast Guard is operating is authorized to assess the
amount of the civil penalty for which a person is liable
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for failure to comply with or for violating a regulation is-
sued under this Act by the Secretary of the department
in which the Coast Guard is operating. The assessment
of the civil penalty shall be by written notice and after
an opportunity for a hearing.
‘‘(C) In determining the amount of the penalty, the
Secretary of the department in which the Coast Guard is
operating shall consider the nature, circumstances, extent,
and gravity of the prohibited acts committed and, with re-
spect to the violator the degree of culpability, any history
of prior offenses, ability to pay, and other matters that
justice requires.
‘‘(D) The Secretary of the department in which the
Coast Guard is operating may compromise, modify, or
remit, with or without consideration, a civil penalty under
this Act until referring the assessment to the Attorney
General.
‘‘(E) If a person fails to pay an assessment of a civil
penalty after it has become final, the Secretary of the de-
partment in which the Coast Guard is operating may refer
the matter to the Attorney General for collection in an
appropriate district court of the United States.’’.
SEC. 905. MARINE CASUALTY INVESTIGATIONS.
(a)(1) Title 46, United States Code, is amended by
inserting after section 6301 the following new section:
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‘‘§ 6301a. Informal marine casualty investigations
‘‘(a) The Secretary is authorized to conduct informal
investigations of marine casualties.
‘‘(b) Notwithstanding sections 6302 and 6303 of this
title, the Secretary is not required to hold an informal in-
vestigation open to the public or to grant to an individual
listed in section 6303 the rights provided by that section,
except for the right to be represented by counsel when tes-
timony or attendance is compelled pursuant to section
6304.’’.
(2) The table of sections at the beginning of chapter
63 of title 46, United States Code, is amended by inserting
after the item related to section 6301 the following:
‘‘6301a. Informal marine casualty investigations.’’.
(b)(1) Title 46, United States Code, is amended by
inserting after section 6307 the following new section:
‘‘§ 6308. Information barred in legal proceedings
‘‘(a) Any opinion, recommendation, deliberation, or
conclusion contained in a report of a marine casualty in-
vestigation conducted under section 6301 or section 6301a
of this title with respect to the cause of, or factors contrib-
uting to, the casualty set forth in the report of the inves-
tigation is not admissible as evidence or subject to discov-
ery in any civil, administrative, or state criminal proceed-
ing arising from a marine casualty, other than with the
permission and consent of the Secretary of Transpor-
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tation, in his or her sole discretion. Any employee of the
United States investigating a marine casualty or assisting
in any such investigation conducted pursuant to section
6301 or 6301a of this title, shall not be subject to deposi-
tion or other discovery, or otherwise testify or give infor-
mation in such proceedings relevant to a marine casualty
investigation, without the permission and consent of the
Secretary of Transportation in his or her sole discretion.
In exercising this discretion, in cases where the United
States is a party, the Secretary shall not withhold permis-
sion for an employee to testify solely on factual matters
where the information is not available elsewhere or is not
obtainable by other means. Nothing in this section pro-
hibits the United States from calling an employee as an
expert witness to testify on its behalf.
‘‘(b) The information referred to in subsection (a) of
this section shall not be considered an admission of liabil-
ity by the United States or by any person referred to in
those conclusions or statements.’’.
(2) The table of sections at the beginning of chapter
63 of title 46, United States Code, is amended by inserting
after the item related to section 6307 the following:
‘‘6308. Information barred in legal proceedings.’’.
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TITLE X—MARINE SAFETY MANAGEMENT
IMPROVEMENTS
SEC. 1001. AMENDMENT TO REQUIRE EPIRBS ON THE
GREAT LAKES.
Paragraph (7) of section 4502(a) of title 46, United
States Code, is amended by inserting ‘‘or beyond three
nautical miles from the coastline of the Great Lakes’’ after
‘‘high seas’’.
SEC. 1002. PENALTIES FOR DEFECTIVE SERVICING OR AL-
TERATION OF MARINE SAFETY EQUIPMENT.
Section 3318 of title 46, United States Code, is
amended—
(1) by redesignating subsection (b) as para-
graph (b)(1); and
(2) by adding a new paragraph (b)(2) to read
as follows:
‘‘(2) A person that services or alters lifesaving, fire
safety, or any other equipment subject to this part, so that
the equipment serviced or altered is so defective as to be
insufficient to accomplish the purpose for which it is in-
tended, commits a class D felony.’’.
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SEC. 1003. LENGTH LIMITATION ON ELIGIBILITY FOR DOC-
UMENTATION.
(a) Subsection (a) of section 12102 of title 46, United
States Code, is amended by inserting after ‘‘5 net tons’’
the words ‘‘and at least 32 feet overall in length’’.
(b) Notwithstanding section 12102(a) of title 46,
United States Code, (as amended by section 1303 of this
section), a vessel less than 32 feet overall in length that
is a documented vessel on the date of enactment of this
title continues to be eligible for documentation until own-
ership of that vessel is transferred or the certificate of doc-
umentation is surrendered or invalidated under the provi-
sions of 46 U.S.C. 12111. Being less than 32 feet overall
in length does not constitute a basis for surrender or in-
validation of a document under 46 U.S.C. 12111.
TITLE XI—COAST GUARD REGULATORY
REFORM
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Coast Guard Regu-
latory Reform Act of 1995’’.
SEC. 1102. SAFETY MANAGEMENT AND ALTERNATIVE COM-
PLIANCE.
(a) Chapter 21 of title 46, United States Code, is
amended by adding a new section 2103a to read as fol-
lows:
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‘‘§ 2103a. 
Safety 
management 
and 
alternative
compliance
‘‘(a) To implement the International Management
Code for the Safe Operation of Ships and for Pollution
Prevention adopted by the International Maritime Organi-
zation and to establish voluntary alternative compliance
programs, the Secretary may prescribe regulations govern-
ing the merchant marine of the United States, merchant
marine personnel, and shore-based management of vessels
that affect the safety of vessels and personnel subject to
this subtitle and marine pollution prevention. Compliance
with regulations implementing the International Manage-
ment Code for the Safe Operation of Ships and for Pollu-
tion Prevention shall be voluntary until the dates for man-
datory compliance provided for in the International Con-
vention for the Safety of Life at Sea.
‘‘(b) In implementing the International Management
Code for the Safe Operation of Ships and for Pollution
Prevention and alternative compliance programs estab-
lished pursuant to this section, the Secretary may estab-
lish optional regulatory requirements commensurate with
the level of quality control adopted by the shipowner or
operator, provided that an equivalent level of safety is
maintained.
‘‘(c) The Secretary may require vessel owners and op-
erators to maintain records and submit reports and other
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‘‘(2) Except as otherwise provided in paragraph (3)
of this subsection, the Secretary may accept approvals of
fire and life safety equipment and materials by foreign
governments which the Secretary determines utilize design
and testing standards that meet the requirements of the
International Convention for the Safety of Life at Sea to
which the United States is a party, and its associated
International Maritime Organization guidance documents.
‘‘(3) In determining whether to accept approvals is-
sued by foreign governments, the Secretary shall give due
regard to whether adherence to standards promulgated by
regulation under this subsection is necessary in order to
preserve higher levels of safety.’’.
SEC. 1105. FREQUENCY OF INSPECTION.
(a) Section 3307 of title 46, United States Code, is
amended as follows:
(1) In paragraph (1)—
(A) by striking ‘‘and’’ after ‘‘passenger
vessel’’ and inserting a comma in its place;
(B) by inserting after ‘‘nautical school ves-
sel’’ ‘‘, and small passenger vessel carrying
more than 12 passengers on an international
voyage’’; and
(C) by adding ‘‘and’’ after the semicolon at
the end.
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(2) By striking paragraph (2).
(3) In paragraph (3)—
(A) by changing the designation of para-
graph (3) to paragraph (2); and
(B) by striking ‘‘2 years’’ and inserting ‘‘5
years’’ in its place.
(b) Section 3710(b) of title 46, United States Code,
is amended by striking ‘‘24 months’’ and inserting ‘‘5
years’’.
SEC. 1106. CERTIFICATE OF INSPECTION.
Section 3309(c) of title 46, United States Code, is
amended by striking ‘‘(but not more than 60 days)’’ after
‘‘At least 30 days’’.
SEC. 1107. CLASSIFICATION SOCIETIES.
(a) Section 3316 of title 46, United States Code, is
amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘§ 3316. Classification societies
‘‘(a) In carrying out this part, the Secretary may rely
on reports, documents, and certificates issued by the
American Bureau of Shipping or other classification soci-
ety recognized by the Secretary as meeting acceptable
standards for such a society, or an agent of the Bureau
or society.’’;
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(2) by amending subsection (c)(1) to read as
follows:
‘‘(c)(1) To the maximum extent practicable, the Sec-
retary may delegate to the Bureau or other classification
society recognized by the Secretary as meeting acceptable
standards for such a society, or an agent of the Bureau
or society, the inspection or examination, in the United
States or in a foreign country, of a vessel documented or
to be documented as a vessel of the United States. The
Bureau, society, or agent may issue the certificate of in-
spection required by this part and other certificates essen-
tial to documentation.’’; and
(3) by amending subsection (d) to read as fol-
lows:
‘‘(d) The Secretary also may make an agreement with
or use the Bureau or other classification society recognized
by the Secretary as meeting acceptable standards for such
a society, or an agent of the Bureau or society, for review-
ing and approving plans required for issuing a certificate
of inspection.’’.
(b) The item for section 3316 of the table of sections
for chapter 33 of title 46, United States Code, is amended
to read as follows:
‘‘3316. Classification societies.’’.
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TITLE XII—LAW ENFORCEMENT
ENHANCEMENT
SEC. 1201. SANCTIONS FOR FAILURE TO LAND OR TO BRING
TO; 
SANCTIONS 
FOR 
OBSTRUCTION 
OF
BOARDING 
AND 
PROVIDING 
FALSE
INFORMATION.
(a) IN GENERAL.—Chapter 109 of title 18, United
States Code, is amended by adding at the end new section
2237 to read as follows:
‘‘§ 2237. Sanctions for failure to land or to bring to;
sanctions for obstruction of boarding and
providing false information
‘‘(a)(1) It shall be unlawful for the pilot, operator,
or person in charge of an aircraft which has crossed the
border of the United States, or an aircraft subject to the
jurisdiction of the United States operating outside the
United States, to fail to obey an order to land by an au-
thorized Federal law enforcement officer who is enforcing
the laws of the United States relating to controlled sub-
stances, as that term is defined in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6)), or relating
to money laundering (sections 1956–57 of this title).
‘‘(2) The Administrator of the Federal Aviation Ad-
ministration, in consultation with the Commissioner of
Customs and the Attorney General, shall prescribe regula-
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tions governing the means by which a Federal law enforce-
ment officer may communicate an order to land to a pilot,
operator, or person in charge of an aircraft.
‘‘(b)(1) It shall be unlawful for the master, operator,
or person in charge of a vessel of the United States or
a vessel subject to the jurisdiction of the United States,
to fail to obey an order to bring to that vessel on being
ordered to do so by an authorized Federal law enforcement
officer.
‘‘(2) It shall be unlawful for any person on board a
vessel of the United States or a vessel subject to the juris-
diction of the United States to—
‘‘(A) fail to comply with an order of an author-
ized Federal law enforcement officer in connection
with the boarding of the vessel;
‘‘(B) impede or obstruct a boarding or arrest;
or other law enforcement action authorized by any
Federal law; or
‘‘(C) provide information to a Federal law en-
forcement officer during a boarding of a vessel re-
garding the vessel’s destination, origin, ownership,
registration, nationality, cargo, or crew, which that
person knows or has reason to know is false.
‘‘(c) This section does not limit in any way the pre-
existing authority of a customs officer under section 581
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the enforcement of United States law by the
United States; and
‘‘(C) over the high seas, an aircraft with-
out nationality an aircraft of United States reg-
istry, or an aircraft registered in a foreign na-
tion that has consented or waived objection to
the enforcement of United States law by the
United States;
‘‘(3) an aircraft ‘without nationality’ include—
‘‘(A) an aircraft aboard which the pilot,
operator, or person in charge makes a claim of
registry, which claim is denied by the nation
whose registry is claimed; and
‘‘(B) an aircraft aboard which the pilot,
operator, or person in charge fails, upon re-
quest of an officer of the United States empow-
ered to enforce applicable provisions of United
States law, to make a claim of registry for that
aircraft.
‘‘(4) the term ‘bring to’ means to cause a vessel
to slow or come to a stop to facilitate a law enforce-
ment boarding by adjusting the course and speed of
the vessel to account for the weather conditions and
sea state; and
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‘‘(5) the term ‘Federal law enforcement officer’
has the meaning set forth in section 115 of this title.
‘‘(f) Any person who intentionally violates the provi-
sions of this section shall be subject to—
‘‘(1) imprisonment for not more than five years;
and
‘‘(2) a fine as provided in this title.
‘‘(g) An aircraft or vessel that is used in violation
of this section may be seized and forfeited. The laws relat-
ing to the seizure, summary and judicial forfeiture, and
condemnation of property for violation of the customs
laws, the disposition of such property or the proceeds from
the sale thereof, the remission or mitigation of such for-
feitures, and the compromise of claim, shall apply to sei-
zures and forfeitures undertaken, or alleged to have been
undertaken, under any of the provisions of this section;
except that such duties as are imposed upon the customs
officer or any other person with respect to the seizure and
forfeiture of property under the customs laws shall be per-
formed with respect to seizures and forfeitures of property
under this section by such officers, agents, or other per-
sons as may be authorized or designated for that purpose.
A vessel or aircraft that is used in violation of this section
is also liable in rem for any fine or civil penalty imposed
under this section.’’.
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(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of chapter 109, title 18, United States Code, is
amended by inserting the following new item after the
item for section 2236:
‘‘2237. Sanctions for failure to land or to bring to; sanctions for obstruction of
boarding or providing false information.’’.
SEC. 1202. FAA SUMMARY REVOCATION AUTHORITY.
‘‘(a) Title 49, United States Code, is amended by
adding after section 44106 the following new section:
‘‘ § 44106a. Summary revocation of aircraft certificate
‘‘(a) The registration of an aircraft shall be imme-
diately revoked upon the failure of the pilot, operator, or
person in charge of the aircraft to follow the order of a
Federal law enforcement officer to land an aircraft, as
provided in section 2237 of title 18, United States Code.
The Administrator shall as soon as possible notify the
owner of the aircraft that the owner no longer holds Unit-
ed States registration for that aircraft.
‘‘(b) The Administrator shall establish procedures for
the owner of the aircraft to show cause—
‘‘(1) why the registration was not revoked, as a
matter of law, by operation of subsection (a); or
‘‘(2) why circumstances existed pursuant to
which the Administrator should determine that, not-
withstanding subsection (a), it would be in the pub-
lic interest to issue a new certificate of registration
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to the owner to be effective concurrent with the rev-
ocation occasioned by operation of subsection (a).’’.
(b) The table of sections at the beginning of chapter
441 of title 49, United States Code, is amended by insert-
ing after the item relating to section 44106 the following:
‘‘44106a. Summary revocation of aircraft certificate.’’.
(c) Title 49, United States Code, is amended by add-
ing after section 44710 the following new section:
‘‘ § 44710a. Failure to follow order to land aircraft
‘‘(a) The Administrator shall issue an order revoking
the airman certificate of any person if the Administrator
finds that—
‘‘(1) such person, while acting as the pilot, op-
erator, or person in charge of an aircraft failed to
follow the order of a Federal law enforcement officer
to land the aircraft as provided in section 2237 of
title 18, United States Code, and
‘‘(2) that such person knew or had reason to
know that he had been ordered to land the aircraft.
‘‘(b) If the Administrator determines that extenuat-
ing circumstances existed, such as safety of flight, which
justified a deviation by the airman from the order to land,
the provisions of subsection (a) of this section shall not
apply.
‘‘(c) The provisions of subsections (c) and (d) of sec-
tion 44710 shall apply to any revocation of the airman
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certificate of any person for failing to follow the order of
a Federal law enforcement officer to land an aircraft.’’.
(d) The table of sections at the beginning of chapter
447 of title 49, United States Code, is amended by insert-
ing after the item relating to section 44710 the following:
‘‘44710a. Failure to follow order to land aircraft.’’.
SEC. 1203. COAST GUARD AIR INTERDICTION AUTHORITY.
‘‘(a) IN GENERAL.—Chapter 5 of title 14, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘ § 96. Air interdiction authority
‘‘The Coast Guard may issue orders and make inquir-
ies, searches, seizures, and arrests with respect to viola-
tions of laws of the United States occurring aboard any
aircraft subject to the jurisdiction of the United States
as defined in section 2237 of title 18, United States Code.
Any order issued under this section to land an aircraft
shall be communicated pursuant to regulations promul-
gated pursuant to section 2237 of title 18, United States
Code.’’.
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of chapter 5 of title 14, United States Code, is
amended by adding at the end of the following new item:
‘‘96. Air interdiction authority.’’.
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SEC. 1204. COAST GUARD CIVIL PENALTY PROVISIONS.
(a) IN GENERAL.—Chapter 17 of title 14, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘ § 673. Civil penalty for failure to comply with a law-
ful boarding, order to land, obstruction of
boarding, or providing false information
‘‘(a) The master, operator, or person in charge of a
vessel, or the pilot, operator, or person in charge of an
aircraft who fails to comply with an order of a Coast
Guard commissioned officer, warrant officer, or petty offi-
cer relating to the boarding of a vessel or landing of an
aircraft issued under the authority of section 2237 of title
18, United States Code, or section 96 of this title, and
communicated according to regulations promulgated
under section 2237 of title 18, United States Code, or ac-
cording to any applicable, internationally recognized
standards, or in any other manner reasonably calculated
to be received and understood, shall be liable for a civil
penalty of not more than $15,000. For intentional viola-
tions of this section, a civil penalty of not more than
$25,000 shall be assessed.
‘‘(b) A vessel or aircraft used to violate an order re-
lating to the boarding of a vessel or landing of an aircraft
issued under the authority of section 2237 of title 18,
United States Code, or section 96 of this title, is also liable
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in rem and may be seized, forfeited, and sold in accord-
ance with customs law, specifically section 1594 of title
19, United States Code.’’.
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of chapter 17 of title 14, United States Code, is
amended by adding at the end of the following new item:
‘‘673. Civil penalty for failure to comply with a lawful boarding, order to land,
obstruction of boarding, or providing false information.’’.
SEC. 1205. CUSTOMS ORDERS.
Section 581 of the Tariff Act of 1930 (19 U.S.C.
1581) is amended by adding at the end the following new
subsection:
‘‘(i) As used in this section, the term ‘authorized
place’ includes—
‘‘(1) with respect to a vehicle, a location in a
foreign country at which United States customs offi-
cers are permitted to conduct inspections, examina-
tions, or searches; and
‘‘(2) with respect to aircraft to which this sec-
tion applies by virtue of section 644 of this Act (19
U.S.C. 1644), or regulations issued thereunder, or
section 2237 of title 18, United States Code, any lo-
cation outside of the United States, including a for-
eign country at which United States customs officers
are permitted to conduct inspections, examinations,
or searches.’’.
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SEC. 1206. CUSTOMS CIVIL PENALTY PROVISIONS.
Part V of title IV of the Tariff Act of 1930 (19
U.S.C. 1581 et seq.) is amended by adding a new section
591 (19 U.S.C. 1591) as follows:
‘‘ § 591. Civil penalty for failure to obey an order to
land
‘‘(a) The pilot, operator, or person in charge of an
aircraft who fails to comply with an order of an authorized
Federal law enforcement officer relating to the landing of
an aircraft issued under the authority of section 581 of
this Act, or section 2237 of title 18, United States Code,
and communicated according to regulations promulgated
under section 2237 of title 18, United States Code, or ac-
cording to any applicable internationally recognized stand-
ards, or in any other manner reasonably calculated to be
received and understood, shall be liable for a civil penalty
of not more than $15,000. For intentional violations of
this section, a civil penalty of not more than $25,000 shall
be assessed.
‘‘(b) An aircraft used to violate an order relating to
the landing of an aircraft issued under the authority of
section 581 of this Act, or section 2237 of title 18, United
States Code, is also liable in rem and may be seized, for-
feited, and sold in accordance with Customs law, specifi-
cally section 1594 of title 19, United States Code.’’.
‘‘591. Civil penalty for failure to obey and order to land.’’.
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TITLE XIII—COAST GUARD AUXILIARY
AMENDMENTS
SEC. 
1301. 
ADMINISTRATION 
OF 
THE 
COAST 
GUARD
AUXILIARY.
(a) Section 821, title 14, United States Code, is
amended to read as follows:
‘‘(a) The Coast Guard Auxiliary is a nonmilitary or-
ganization administered by the Commandant under the di-
rection of the Secretary. For command, control, and ad-
ministrative purposes, the Auxiliary shall include such or-
ganizational elements and units as are approved by the
Commandant, including but not limited to, a national
board and staff (Auxiliary headquarters unit), districts,
regions, divisions, flotillas, and other organizational ele-
ments and units. The Auxiliary organization and its offi-
cers shall have such rights, privileges, powers, and duties
as may be granted to them by the Commandant, consist-
ent with this title and other applicable provisions of law.
The Commandant may delegate to officers of the Auxiliary
the authority vested in the Commandant by this section,
in the manner and to the extent the Commandant consid-
ers necessary or appropriate for the functioning, organiza-
tion, and internal administration of the Auxiliary.
‘‘(b) Each organizational element or unit of the Coast
Guard Auxiliary organization (but excluding any corpora-
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tion formed by an organizational element or unit of the
Auxiliary under subsection (c) of this section), shall, ex-
cept when acting outside the scope of section 822, at all
times be deemed to be an instrumentality of the United
States, for purposes of the Federal Tort Claims Act (28
U.S.C. 2671, et seq.); the Military Claims Act, 10 U.S.C.
2733; the Public Vessels Act (46 App. U.S.C. 781–790);
the Suits in Admiralty Act (46 App. U.S.C. 741–752); the
Admiralty Extension Act (46 App. U.S.C. 740); and for
other noncontractual civil liability purposes.
‘‘(c) The national board of the Auxiliary, and any
Auxiliary district or region, may form a corporation under
State law, provided that the formation of such a corpora-
tion is in accordance with policies established by the Com-
mandant.’’.
(b) The section heading for section 821 of title 14,
United States Code, is amended after ‘‘Administration’’
by inserting ‘‘of the Coast Guard Auxiliary’’.
(c) The table of sections at the beginning of chapter
23 of title 14, United States Code, is amended in the item
relating to section 821, after ‘‘Administration’’ by insert-
ing ‘‘of the Coast Guard Auxiliary’’.
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SEC. 1302. PURPOSE OF THE COAST GUARD AUXILIARY.
(a) Section 822 of title 14, United States Code, is
amended by striking the entire text and inserting the fol-
lowing:
‘‘The purpose of the Auxiliary is to assist the Coast
Guard, as authorized by the Commandant, in performing
any Coast Guard function, power, duty, role, mission, or
operation authorized by law.’’.
(b) The section heading for section 822 of title 14,
United States Code, is amended after ‘‘Purpose’’ by in-
serting ‘‘of the Coast Guard Auxiliary’’.
(c) The table of sections at the beginning of chapter
23 of title 14, United States Code, is amended in the item
relating to section 822, after ‘‘Purpose’’ by inserting ‘‘of
the Coast Guard Auxiliary’’.
SEC. 1403. MEMBERS OF THE AUXILIARY; STATUS.
(a) Title 14, United States Code, is amended by in-
serting after section 823 the following new section:
‘‘§ 823a. Members of the Auxiliary; status
‘‘(a) Except as otherwise provided in this chapter, a
member of the Coast Guard Auxiliary shall not be deemed
to be a Federal employee and shall not be subject to the
provisions of law relating to Federal employment, includ-
ing those relating to hours of work, rates of compensation,
leave, unemployment compensation, Federal employee
benefits, ethics, conflicts of interest, and other similar
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criminal or civil statutes and regulations governing the
conduct of Federal employees. However, nothing in this
subsection shall constrain the Commandant from prescrib-
ing standards for the conduct and behavior of members
of the Auxiliary.
‘‘(b) A member of the Auxiliary while assigned to
duty shall be deemed to be a Federal employee only for
the purpose of the following:
‘‘(1) The Federal Tort Claims Act (28 U.S.C.
2671, et seq.); the Military Claims Act (10 U.S.C.
2733); the Public Vessels Act (46 App. U.S.C. 781–
790); the Suits in Admiralty Act (46 App. U.S.C.
741–752); the Admiralty Extension Act (46 App.
U.S.C. 740); and for other noncontractual civil li-
ability purposes;
‘‘(2) compensation for work injuries under sec-
tion 8101 and the following of title 5, United States
Code; and
‘‘(3) the resolution of claims relating to damage
to or loss of personal property of the member inci-
dent to service under the Military Personnel and Ci-
vilian Employees’ Claim Act of 1964 (31 U.S.C.
3721).
‘‘(c) A member of the Auxiliary, while assigned to
duty, shall be deemed to be a person acting under an offi-