H. R. 2150—3
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 retention board is con-
vened; or
‘‘(4) have reached age 59 by the date on which the retention
board is convened’’;
(2) in subsection (a) by moving the second sentence so
as to begin—
(A) immediately below paragraph (4) (as added by para-
graph (1) of this section); and
(B) flush with the left margin of the material preceding
paragraph (1);
(3) by designating the third sentence of subsection (a) as
subsection (b) by—
(A) inserting ‘‘(b)’’ before ‘‘This board shall—’’; and
(B) moving the third sentence so as to begin imme-
diately below the second sentence of subsection (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
(ii) striking the last sentence and inserting the follow-
ing: ‘‘The appointment and grade of a Vice Commandant
shall be effective 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.’’; 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 effective 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
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H. R. 2150—4
day that officer is retired, but not for more than 180 days;
and
‘‘(2) while awaiting retirement, beginning on the day that
officer is relieved from the position of Commandant, Vice Com-
mandant, Area Commander, or Chief of Staff and ending on
the day before the officer’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 inserting
after section 50 of the following new section:
‘‘§ 50a. Chief of Staff
‘‘(a) The President may appoint, by and with the advice 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 admiral
with the pay and allowances of that grade. The appointment and
grade of the Chief of Staff shall be effective 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 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 Commander, 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 inserting ‘‘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 position 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’’.
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.
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H. R. 2150—5
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 appropriations
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 hous-
ing 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.
‘‘(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 efficiency of
the Coast Guard family housing program and will result in
reduced total costs under the contract; 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 termination provisions
to the extent necessary to protect the best interests of the United
States, and may include consideration of both recurring and non-
recurring costs. The contract may provide for a cancellation payment
to be made. Amounts that were originally obligated for the cost
of the contract may be used for cancellation or termination costs.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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:
‘‘§ 671. Air Station Cape Cod Improvements
‘‘The Secretary may expend funds for the repair, improvement,
restoration, or replacement of those federally or nonfederally owned
support buildings, including appurtenances, which are on leased
or permitted real property constituting Coast Guard Air Station
Cape Cod, located on Massachusetts Military Reservation, Cape
Cod, Massachusetts.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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.’’.
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H. R. 2150—6
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 commu-
nications systems sites
‘‘(a) The Secretary is authorized, subject to the availability
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 referred to as ‘ATON’) sites, vessel traffic
service (hereafter 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 extent nec-
essary to protect the best interests of the United States. Cancella-
tion payment provisions may include consideration of both recurring
and nonrecurring costs associated with the real property interests
under the contract. These lease agreements may provide for a
cancellation payment 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 promote the
efficiency of the ATON, VTS, or NDS programs 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 substantially
unchanged during the contemplated lease period; and
‘‘(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 educational
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 limita-
tions:
‘‘(1) No award may be accepted for the acquisition or
construction of facilities.
‘‘(2) No award may be accepted for the routine functions
of the Academy.’’.
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H. R. 2150—7
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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 EQUIPMENT.
The Secretary of Transportation is authorized to expend out
of amounts appropriated for acquisition, construction, and improve-
ment 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 deter-
mining that adequate storage and maintenance facilities are
available.
SEC. 307. SHORE FACILITIES IMPROVEMENTS AT COAST GUARD STA-
TION 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.
(b) Funds necessary to carry out this section are authorized
to be appropriated for fiscal year 1994.
SEC. 308. OIL SPILL TRAINING SIMULATOR.
The Secretary of Transportation is authorized to expend out
of the amounts appropriated for acquisition, construction, 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 TECHNOLOGY 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 environmental benefits
of having tank vessels carry oil spill prevention and response tech-
nology. To implement the program the Secretary shall—
(1) publish in the Federal Register an invitation for submis-
sion of proposals including plans and procedures for testing;
and
(2) review and evaluate technology using, to the maximum
extent possible, existing evaluation and performance standards.
(b) The Secretary shall, to the maximum extent possible, incor-
porate 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.
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H. R. 2150—8
(c) Not later than 2 years after the date of the enactment
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 enactment
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 recovered oil.
SEC. 311. UNMANNED SEAGOING BARGES.
Section 3302 of title 46, United States Code, is amended 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—
‘‘(1) a hazardous material as cargo; or
‘‘(2) a flammable or combustible liquid, including oil, in
bulk.’’.
SEC. 312. PROHIBITION ON DECOMMISSIONING ICE-BREAKER MACKI-
NAW.
(a) The Secretary of Transportation may not decommission
the Coast Guard cutter MACKINAW before December 31, 1994.
(b) There is authorized to be appropriated to the Secretary
of Transportation $1,600,000 for fiscal year 1994, to remain avail-
able until expended, for operations and maintenance of the Coast
Guard cutter MACKINAW.
SEC. 313. LOWER COLUMBIA RIVER MARINE FIRE AND SAFETY ACTIVI-
TIES.
The Secretary of Transportation is authorized to expend 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 communications, training, equipment, and pro-
gram administration activities conducted by the Marine Fire and
Safety Association.
SEC. 314. CASS RIVER.
Subtitle II of title 46, United States Code, relating only to
vessel inspection and manning, shall not apply to 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 appropriate amounts
adequate to enable the Coast Guard to carry out all extraordinary
functions and duties the Coast Guard is required to undertake
in addition to its normal functions established by law.
SEC. 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:
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H. R. 2150—9
‘‘(u) enter into cooperative agreements with other Govern-
ment agencies and the National Academy of Sciences.’’.
SEC. 317. REGIONAL FISHERIES LAW ENFORCEMENT TRAINING CEN-
TERS.
(a) GULF OF MEXICO.—The Coast Guard shall establish a Gulf
of Mexico Regional Fisheries Law Enforcement Training Center
in the Eighth Coast Guard District in Southeastern Louisiana.
(b) SOUTHEAST ATLANTIC.—The Coast Guard shall establish
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 enforce-
ment 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 amended by
striking ‘‘week commencing on the first Sunday in June’’ and insert-
ing ‘‘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 corporation (hereinafter
referred to as ‘‘Marine Exchange’’). The Coast Guard shall be
reimbursed for all costs associated with providing such personnel
in accordance with a reimbursable agreement between the Coast
Guard and the State of California. Amounts received by the Coast
Guard as reimbursements for its costs shall be credited to the
appropriation 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 representative 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 protec-
tions and limitations on such liability as are afforded to the Marine
Exchange under California law.
SEC. 320. FINANCIAL RESPONSIBILITY FOR NONPERFORMANCE.
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 inserting a period.
SEC. 321. FISHING AND FISH TENDER VESSELS.
(a) In this section, ‘‘fish tender vessel’’, ‘‘fishing vessel’’, and
‘‘tank vessel’’ have the meanings given those terms under section
2101 of title 46, United States Code.
(b) A fishing vessel or fish tender vessel of not more than
750 gross tons, when engaged only in the fishing industry, shall
not be deemed to be a tank vessel for the purposes of any law.
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H. R. 2150—10
(c)(1) This section does not affect the authority of the Secretary
of Transportation under chapter 33 of title 46, United States Code,
to regulate the operation of the vessels listed in subsection (b)
to ensure the safe carriage of oil and hazardous substances.
(2) This section does not affect the requirement for fish tender
vessels engaged in the Aleutian trade to comply with chapters
33, 45, 51, 81, and 87 of title 46, United States Code, as provided
in the Aleutian Trade Act of 1990 (Public Law 101–595).
SEC. 322. OIL SPILL RECOVERY OPERATIONS.
(a) Section 8104 of title 46, United States Code, is amended—
(1) in subsection (g), by striking ‘‘a vessel used only to
respond to a discharge of oil or a hazardous substance,’’; and
(2) by adding a new subsection to read as follows:
‘‘(p) On a vessel used only to respond to a discharge of oil
or a hazardous substance, the licensed individuals and crew-
members may be divided into at least two watches when 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 engaged 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 EXCEPTION.
(a) ALASKA EXCEPTION.—Section 258 of the Immigration 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 sub-
section:
‘‘(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 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 antici-
pated 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 activity 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) wherever two or more contract stevedoring compa-
nies have signed a joint collective bargaining agreement
with a single labor organization described in subparagraph
(D)(i), the employer 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
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H. R. 2150—11
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);
‘‘(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 activity is
not intended or designed to influence an election 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 representatives 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.
‘‘(2)(A) An employer filing an attestation under paragraph (1)
who seeks to use alien crewmen to perform longshore work shall
be responsible while at 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 activities 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 work-
ers to the location at which the longshore work is to be performed.
‘‘(B) If a party that has provided such notice subsequently
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 loca-
tion 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 attestation be
required—
‘‘(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 accomplished;
‘‘(III) travel time to the vessel does not exceed one-
half hour each way; and
‘‘(IV) travel distance to the vessel from the point of
embarkation does not exceed 5 miles.
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H. R. 2150—12
‘‘(B) In the cases of Wide Bay, Alaska, and Klawock/Craig,
Alaska, the travel times and travel distances specified in subclauses
(III) and (IV) of subparagraph (A) shall be extended to 45 minutes
and 71⁄2 miles, respectively, unless the party responding to the
request for longshore workers agrees to the lesser time and distance
limitations specified in those subclauses.
‘‘(4) Subject to subparagraphs (A) through (D) of subsection
(c)(4), attestations filed under paragraph (1) of this subsection
shall—
‘‘(A) expire at the end of the 1-year period beginning 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 comply with the conditions in the attestation.
‘‘(5)(A) Except as otherwise provided by subparagraph (B), sub-
section (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 con-
veyor 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 requirements of section 32 of the
Longshoremen’s and Harbor Workers’ Compensation Act (33
U.S.C. 932);
‘‘(B) the term ‘employer’ includes any agent or representa-
tive designated by the employer; and
‘‘(C) the terms ‘qualified’ and ‘available in sufficient num-
bers’ shall be defined by reference to industry standards in
the State of Alaska, including safety considerations.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 258(a) (8 U.S.C. 1288(a)) is amended 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 performed in
the State of Alaska.’’.
(c) IMPLEMENTATION.—(1) The Secretary of Labor shall pre-
scribe 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 Secretary under this section.
SEC. 324. CAPE COD LIGHTHOUSE PLANNING AND DESIGN STUDIES.
(a) COMPLETION OF STUDIES.—
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H. R. 2150—13
(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 plan-
ning studies, including selection 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, Massachusetts.
(2) DESIGN.—Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall
complete the design studies identified in the Coast Guard’s
strategy document for relocation of the Cape Cod Lighthouse.
(b) USE OF AMOUNTS FOR STUDIES.—Of amounts appropriated
under the authority of this Act for acquisition, construction, rebuild-
ing, 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 appro-
priate means to the Washington State Parks and Recreation
Commission all right, title, and interest of the United States
in and to property comprising 1 or more of the Cape Disappoint-
ment Lighthouse, North Head Lighthouse, and Point Wilson
Lighthouse.
(2) IDENTIFICATION OF PROPERTY.—The Secretary may iden-
tify, 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 Sec-
retary may consider appropriate.
(2) REVERSIONARY INTEREST.—In addition to any term or
condition established pursuant to paragraph (1), any convey-
ance of property comprising Cape Disappointment Lighthouse,
North Head Lighthouse, 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—
(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 subject 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 continue to be operated and maintained
by the United States;
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H. R. 2150—14
(B) the Washington State Parks and Recreation
Commission may not interfere or allow interference in any
manner with such aids to navigation without express writ-
ten permission from the Secretary of Transportation;
(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 navigation purposes;
(D) the United States shall have the right, at any
time, to enter such property without notice for the purpose
of maintaining aids to navigation;
(E) the United States shall have an easement 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 Recreation 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—
(1) ‘‘Cape Disappointment Lighthouse’’ means the Coast
Guard lighthouse located at Fort Canby State Park, Washing-
ton, 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 center for public benefit for
the interpretation and preservation of the maritime history;
(2) ‘‘North Head Lighthouse’’ means the Coast Guard light-
house 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 center for public benefit for
the interpretation and preservation of maritime history;
(3) ‘‘Point Wilson Lighthouse’’ means the Coast Guard light-
house 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 center for public benefit for
the interpretation and preservation of maritime history;
and
(4) ‘‘Secretary’’ means the Secretary of Transportation.
SEC. 326. HERON NECK LIGHTHOUSE.
(a) AUTHORITY TO TRANSFER.—
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H. R. 2150—15
(1) IN
GENERAL.—The Secretary of Transportation shall
convey by any appropriate means to the Island Institute, Rock-
land, Maine, all right, title, and interest of the United States
in and to property comprising the Heron Neck Lighthouse.
(2) IDENTIFICATION OF PROPERTY.—The Secretary may iden-
tify, 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 Sec-
retary may consider appropriate.
(2) USE OF PROPERTY.—The property conveyed pursuant
to subsection (a) may be used for educational, historic, rec-
reational, 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
personnel in connection with security and administration of
the property are expressly authorized. Other uses not inconsist-
ent with the foregoing uses are permitted unless 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 paragraph (1), any convey-
ance of property comprising the Heron Neck Lighthouse pursu-
ant 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 property,
or any part thereof—
(A) ceases to be used as a nonprofit center for edu-
cational, historic, recreational, and cultural 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 (16 U.S.C. 470 et seq.).
(4) REQUIRED
CONDITIONS.—Any conveyance of property
pursuant to this section shall be made subject to such conditions
as the Secretary considers to be necessary to assure that—
(A) the light, antennas, sound signal, and associated
lighthouse equipment located on the property conveyed,
which are active aids to navigation, shall continue to be
operated and maintained by the United States 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 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 property as may be necessary for
navigation purposes;
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H. R. 2150—16
(D) the United States shall have the right, at any
time, to enter such property without notice for the purpose
of maintaining aids to navigation; and
(E) the United States shall have an easement of access
to such property for the purpose of maintaining the aids
to navigation in use on the property.
(5) MAINTENANCE OBLIGATION.—The Island Institute shall
not have any obligation to maintain any active aid to navigation
equipment on property conveyed pursuant to subsection (a).
(c) PROPERTY TO BE MAINTAINED IN ACCORDANCE WITH CER-
TAIN LAWS.—The Island Institute shall maintain the Heron Neck
Lighthouse in accordance with the provisions of the National His-
toric Preservation Act of 1966 (16 U.S.C. 470 et seq.) and other
applicable laws.
(d) DEFINITIONS.—For purposes of this section, the term ‘‘Heron
Neck Lighthouse’’ means the Coast Guard lighthouse located on
Green Island, Vinalhaven, Maine, including—
(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 nonprofit center for
public benefit.
SEC. 327. BURNT COAT HARBOR LIGHTHOUSE.
(a) AUTHORITY TO TRANSFER.—
(1) IN
GENERAL.—The Secretary of Transportation 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
Lighthouse.
(2) IDENTIFICATION OF PROPERTY.—The Secretary may iden-
tify, 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 Sec-
retary may consider appropriate.
(2) USE OF PROPERTY.—The property conveyed pursuant
to subsection (a) may be used for educational, historic, rec-
reational, 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
personnel in connection with security and administration of
the property are expressly authorized. Other uses not inconsist-
ent with the foregoing uses are permitted unless 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 paragraph (1), any convey-
ance of property comprising the Burnt Coat Harbor 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
property, or any part thereof—
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H. R. 2150—17
(A) ceases to be used as a nonprofit center for public
benefit for the interpretation and preservation of the mate-
rial culture of the United States Coast Guard and the
maritime history of the State of Maine;
(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.).
(4) REQUIRED
CONDITIONS.—Any conveyance of property
pursuant to this section shall be made subject to such conditions
as the Secretary considers to be necessary to assure that—
(A) the light, antennas, sound signal, and associated
lighthouse equipment located on the property conveyed,
which are active aids to navigation, shall continue to be
operated and maintained by the United States Government
for as 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 naviga-
tion 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 property as may be necessary for
navigation purposes;
(D) the United States shall have the right, at any
time, to enter such property without notice for the purpose
of maintaining aids to navigation; and
(E) the United States shall have an easement 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 maintain any active aid to
navigation equipment on property conveyed pursuant to sub-
section (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. 470 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, including the keeper’s dwelling, oil house,
bell tower and such lands as may be necessary to enable the
Swan’s Island Educational 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 follows:
‘‘(a) The owner, charterer, managing operator, master, or
individual in charge shall make a shipping agreement in writing
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H. R. 2150—18
with each seaman before the seaman commences employment.’’;
and
(2) by adding at the end the following new subsections:
‘‘(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 seaman employed.
‘‘(d) The owner, charterer, managing operator, master, or
individual in charge shall maintain the shipping agreement and
make the shipping agreement available to the seaman.’’.
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 commis-
sioner’’ and inserting in lieu thereof ‘‘the master 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 inserting 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).
SEC. 407. REPEAL OF PENALTY RELATING TO ENGAGING REPLACE-
MENT SEAMEN; APPLICATION OF REQUIREMENTS.
Section 10309 of title 46, United States Code, is amended
by striking subsection (b) and redesignating subsection (c) as sub-
section (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 commissioner’’
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 insert-
ing in lieu thereof ‘‘owner, charterer, managing operator, mas-
ter, or individual in charge’’; and
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H. R. 2150—19
(4) in subsection (d)(2), by striking ‘‘at a cost prescribed
by regulation’’ and inserting in lieu thereof ‘‘at the request
of the seaman’’.
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 regula-
tion prescribed under this chapter is liable to the United States
Government for a civil penalty of not more than $5,000.
‘‘(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 follows:
‘‘(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 subsections:
‘‘(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 seaman employed.
‘‘(e) The owner, charterer, managing operator, master, or
individual in charge shall maintain the shipping agreement and
make the shipping agreement available to the seaman.
‘‘(f) The Secretary shall prescribe regulations requiring shipping
companies to maintain records of seamen on matters of engagement,
discharge, and service. The shipping 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 inserting in
lieu thereof ‘‘$5,000’’.
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H. R. 2150—20
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 commissioner being
present’’; and
(2) by inserting ‘‘to the vessel owner’’ immediately after
‘‘shall submit reports’’.
SEC. 418. PROCEDURES OF MASTERS REGARDING SEAMAN’S EFFECTS.
Section 10703 of title 46, United States Code, is amended—
(1) in subsection (a), by striking ‘‘by regulations prescribed
by the Secretary’’ and inserting in lieu thereof ‘‘in section
10706 of this title’’;
(2) in subsection (b), by striking ‘‘as prescribed by regula-
tions’’ and inserting in lieu thereof ‘‘to a district court of the
United States’’; and
(3) in subsection (c), by striking ‘‘subsection (a) of this
section’’ and inserting in lieu thereof ‘‘section 10706 of this
title’’.
SEC. 419. SEAMEN DYING IN UNITED STATES.
Section 10706 of title 46, United States Code, is amended
by striking at the end ‘‘as provided by regulations prescribed by
the Secretary.’’ and inserting in lieu thereof ‘‘to a district court
of the United States within one week of the seaman’s death. If
the seaman’s death occurs at sea, such money, property, or wages
shall be delivered to a district court or a consular officer within
one week of the vessel’s arrival at the first port call after the
seaman’s death.’’.
SEC. 420. DELIVERY TO DISTRICT COURT.
(a) REPEAL.—Section 10707 of title 46, United States Code,
is repealed.
(b) AMENDMENT TO CHAPTER ANALYSIS.—The analysis 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 sentence 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 sentence.
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’’.
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H. R. 2150—21
(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
(2) in paragraphs (2) and (3), by striking ‘‘The officer,
commissioner,’’ each place it appears and inserting in lieu
thereof ‘‘The Secretary, officer,’’.
(c) SHIPPING COMMISSIONER DESIGNATIONS AND DUTIES.—(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 representative 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
‘‘(iii) a member of the crew engaged in the business
of the vessel who has not contributed 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 sub-
contractor to the charterer, engaged in the business
of the charterer; or
‘‘(iv) an individual employed in a phase of explo-
ration, exploitation, or production of offshore mineral
or energy resources served by the vessel;
‘‘(C) on a fishing vessel, fish processing vessel, or fish
tender 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) a managing operator;
‘‘(iii) an employee of the owner, or of a subcontrac-
tor to the owner, engaged in the business of the owner;
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H. R. 2150—22
‘‘(iv) an employee of the charterer, or of a sub-
contractor 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;
or
‘‘(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 business of the demise charterer;
or
‘‘(iv) a sailing school instructor or sailing school
student.’’.
SEC. 503. PASSENGER VESSEL.
Section 2101(22) of title 46, United States Code, is amended
to read as follows:
‘‘(22) ‘passenger vessel’ means a vessel of at least 100
gross tons—
‘‘(A) carrying more than 12 passengers, including at
least one passenger for hire;
‘‘(B) that is chartered and carrying more than 12 pas-
sengers; 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, including at
least one passenger for hire;
‘‘(B) that is chartered with the crew provided or speci-
fied by the owner or the owner’s representative and carry-
ing more than 6 passengers;
‘‘(C) that is chartered with no crew provided or specified
by the owner or the owner’s representative and carrying
more than 12 passengers; or
‘‘(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 passengers, includ-
ing 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
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H. R. 2150—23
‘‘(B) of less than 100 gross tons—
‘‘(i) carrying not more than 6 passengers, 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.’’.
SEC. 506. PASSENGER FOR HIRE.
Section 2101 of title 46, United States Code, is amended 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 amended by
inserting between paragraphs (5) and (6) a new paragraph (5a)
to read as follows:
‘‘(5a) ‘consideration’ means an economic benefit, induce-
ment, right, or profit including pecuniary payment accruing
to an individual, person, or entity, but not including a voluntary
sharing of the actual expenses of the voyage, by monetary
contribution or donation of fuel, food, beverage, or other sup-
plies.’’.
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 everything after ‘‘resources’’ to
the period at the end.
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 amended 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 provision
of part B, C, F, or G of this subtitle is not necessary in performing
the mission of the vessel engaged in excursions 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 specifying the condi-
tions of operation and equipment;
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H. R. 2150—24
‘‘(2) exempt an oceanographic research vessel from that
provision under conditions the Secretary may specify;
‘‘(3) establish different operating and equipment require-
ments 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 enactment of the
Passenger Vessel Safety Act of 1993; and
‘‘(B) provides satisfactory documentation that the ves-
sel was chartered at least once within the previous 12
months prior to the date of enactment of that Act; and
‘‘(5) establish different structural fire protection, manning,
operating, and equipment requirements for former public ves-
sels 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 enactment of the
Passenger Vessel Safety Act of 1993; and
‘‘(B) provides satisfactory documentation that the ves-
sel was chartered at least once within the previous 12
months prior to the date of enactment 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 enactment of
this subsection, the Secretary shall, by regulation, require certain
additional equipment which may include liferafts or other lifesaving
equipment, construction standards, 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 PASSENGER
VESSELS.
(a) Section 3306 of title 46, United States Code, is amended
by adding at the end the following new subsections:
‘‘(h) The Secretary shall establish appropriate 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, which
meet the eligibility criteria of section 2113(4) of this title.
‘‘(i) The Secretary shall establish appropriate structural fire
protection, manning, operating, and equipment requirements for
former public vessels of the United States of at least 100 gross
tons but less that 500 gross tons carrying 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 protection, 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.
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H. R. 2150—25
(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.
SEC. 513. APPLICABILITY DATE FOR REVISED REGULATIONS.
(a) APPLICABILITY DATE FOR CERTAIN CHARTERED VESSELS.—
Revised regulations governing small passenger vessels and pas-
senger 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 department
in which the Coast Guard is operating shall extend 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 subsection (c) to the satisfaction of the Secretary.
(c) CONDITIONS
FOR
EXTENSION.—To receive an extension
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 enactment 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 conditions involving
the vessel’s structure, electrical system, and machinery installa-
tion, such as (i) grossly inadequate, missing, unsound, or
severely deteriorated frames or major structural members; (ii)
wiring systems 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 equip-
ment, or the portable equivalent, required 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 satisfactory 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 requirements necessary
for issuance of a certificate of inspection as soon as practicable.
(d) OPERATION OF VESSEL DURING EXTENSION PERIOD.—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 equipment as may be prescribed by
the Coast Guard for the extension period.
TITLE VI—DOCUMENTATION OF
VESSELS
SEC. 601. DOCUMENTATION OF VESSELS.
(a) Notwithstanding section 27 of the Merchant Marine Act,
1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App.
U.S.C. 289), and section 12106 of title 46, United States Code,
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H. R. 2150—26
the Secretary of Transportation may issue certificates of documenta-
tion with a coastwise endorsement for the following vessels:
(1) ABORIGINAL (United States official number 942118).
(2) AFTERSAIL (United States official number 689427).
(3) ALEXANDRIA (United States official number 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).
(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 official number
588270).
(14) EUROPA SUN (former United States official number
596656).
(15) GAZELA OF PHILADELPHIA (Pennsylvania registra-
tion number PA–4339–AF).
(16) GUSTO (United States official number 624951).
(17) GRAY (Connecticut registration number CT–5944–AJ).
(18) GRIZZLY PROCESSOR (Canadian official number
369183).
(19) GYPSY COWBOY (United States official number
550771).
(20) IMPATIENT LADY (United States official number
553952).
(21) INTREPID DRAGON II (United States official 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 number 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 number 974226).
(32) MYSTIQUE (United States official number 921194).
(33) NORTHERN LIGHT (United States official 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 official number
903858).
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H. R. 2150—27
(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).
(45) SWELL DANCER (United States official number
622046).
(46) TESSA (United States official number 675130).
(47) TOP DUCK (United States official number 990973).
(48) VIKING (United States official number 286080).
(49) WHIT CON TIKI (United States official number
663823).
(b) Notwithstanding section 27 of the Merchant Marine Act,
1920 (46 App. U.S.C. 883) or any other law restricting a foreign-
flag vessel from operating in the coastwise trade, the foreign-flag
vessel H851 may engage in the coastwise trade to transport an
offshore drilling platform jacket from a place near Aransas Pass,
Texas, to a site on the Outer Continental Shelf known as Viosca
Knoll 989.
(c) Notwithstanding section 27 of the Merchant Marine Act,
1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App.
U.S.C. 289), and sections 12106 and 12107 of title 46, United
States Code, the Secretary of Transportation may issue certificates
of documentation with a coastwise and Great Lakes endorsement
for the vessels LADY CHARL II (United States official number
541399) and LINETTE (United States official number 654318).
(d) Notwithstanding section 27 of the Merchant Marine Act,
1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App.
U.S.C. 289), and section 12106 of title 46, United States Code,
the Secretary of Transportation may issue a certificate of docu-
mentation with a coastwise endorsement for the vessel M/V TWIN
DRILL (Panama official 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 conver-
sion;
(3) the major conversion is completed and the vessel is
documented under chapter 121 of title 46, United States Code,
with a coastwise endorsement before June 30, 1995;
(4) the person documenting the vessel contracts with a
United States shipyard to construct an additional vessel of
equal or greater capacity within 12 months of the date of
enactment of this Act, for delivery within 36 months of the
date of such contract; and
(5) the additional vessel is documented under chapter 121
of title 46, United States Code, immediately after it is con-
structed.
(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
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H. R. 2150—28
the vessel REEL CLASS (Hawaii 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 WAR-
RIOR (United States official number 962231).
(g) Notwithstanding any other law or any agreement with the
United States Government, the vessels UST ATLANTIC (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 (46 App.
U.S.C. 289), and section 12106 of title 46, United States Code,
the Secretary of Transportation may issue a certificate of docu-
mentation for the following vessels:
(1) PRINCESS XANADU OF MONACO (United States offi-
cial number 660847).
(2) INSPIRATION (United States official number 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 AGREEMENT.
The Agreement between the Government of the United States
of America and the Government of the Russian Federation 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 States until May 1, 1994, and may be amended
or extended by a subsequent agreement to which section 203 of
the Magnuson 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 Conservation 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
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H. R. 2150—29
by the Exclusive Economic 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 management for future commercial
viability of these natural resources;
(3) the United States, working closely with the Russian
Federation should, in accordance with international law and
through multilateral consultations or through other means,
promote effective international programs for the implementa-
tion and enforcement of regulations of the fisheries by those
nations that fish in the Doughnut Hole;
(4) the United States nonetheless should be mindful of
its management responsibility in this regard and of its rights
in accordance with international 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 accordance with international law; and
(6) the United States should foster further multilateral
cooperation leading to international consensus on management
of the Doughnut 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 the University
of Alaska under which the University may contract for the engineer-
ing and design specifications of a facility on Near Island in Kodiak,
Alaska, that meets the long-term space needs of National Oceanic
and Atmospheric Administration 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 Fisheries
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 boundaries of two or more
of the Atlantic States and of the Federal Government are
of substantial commercial and recreational importance and eco-
nomic benefit to the Atlantic coastal region and the Nation.
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H. R. 2150—30
(2) Increased fishing pressure, environmental pollution, and
the loss and alteration of habitat have reduced severely certain
Atlantic coastal fishery resources.
(3) Because no single governmental entity has exclusive
management authority for Atlantic coastal fishery resources,
harvesting of such resources in frequently subject to disparate,
inconsistent, and intermittent 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 fish-
eries rests with the States, which carry out a cooperative pro-
gram of fishery oversight and management through the Atlantic
States Marine Fisheries Commission. It is the responsibility
of the Federal Government to support such cooperative inter-
state 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 conservation and management.
(b) PURPOSE.—The purpose of this title is to support and encour-
age the development, implementation, and enforcement of effective
interstate conservation and management 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 amend-
ment to such plan, prepared and adopted by the Commission,
that—
(A) contains information regarding the status 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 conserve 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 under the interstate
compact consented to and approved by the Congress in Public
Laws 77–539 and 81–721.
(4) The term ‘‘conservation’’ means the restoring, rebuild-
ing, and maintaining of any coastal fishery resource and the
marine environment, in order to assure the availability of
coastal fishery resources on a long-term basis.
(5) The term ‘‘Councils’’ means Regional Fishery Manage-
ment Councils established under section 302 of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1852).
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H. R. 2150—31
(6) The term ‘‘exclusive economic zone’’ means the exclusive
economic zone of the United States established 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 a
manner that each point on it 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.
(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, sci-
entific, technical, commercial, recreational, or economic
characteristics; 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 harvesting of
fish;
(C) any other activity that can be reasonably expected
to result in the catching, taking, or harvesting of fish;
or
(D) any operations at sea in support of, or in prepara-
tion for, any activity described in subparagraphs (A)
through (C).
Such term does not include any scientific research activity
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 required to conform
with the provisions of a coastal fishery management plan and
to assure compliance with such laws or regulations by persons
participating 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 corpora-
tion, 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 Com-
merce.
(13) The term ‘‘State’’ means Maine, New Hampshire,
Massachusetts, Rhode Island, Connecticut, New York, New Jer-
sey, Pennsylvania, Delaware, Maryland, Virginia, North Caro-
lina, South Carolina, Georgia, Florida, the District of Columbia,
or the Potomac River Fisheries Commission.
SEC. 804. STATE-FEDERAL COOPERATION IN ATLANTIC COASTAL
FISHERY MANAGEMENT.
(a) FEDERAL SUPPORT
FOR STATE COASTAL FISHERIES PRO-
GRAMS.—The Secretary in cooperation with the Secretary of the
Interior shall develop and implement a program to support the
interstate fishery management efforts of the Commission. The pro-
gram shall include activities to support and enhance State coopera-
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