I
104TH CONGRESS
1ST SESSION
H. R. 1361
To authorize appropriations for fiscal year 1996 for the Coast Guard, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 30, 1995
Mr. COBLE (for himself, Mr. TRAFICANT, Mr. SHUSTER, and Mr. MINETA)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
A BILL
To authorize appropriations for fiscal year 1996 for the
Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Author-
ization Act For Fiscal Year 1996’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Quarterly reports on drug interdiction.
TITLE II—PERSONNEL MANAGEMENT IMPROVEMENT
Sec. 201. Hurricane Andrew relief.
Sec. 202. Exclude certain reserves from end-of-year strength.
Sec. 203. Provision of child development services.
Sec. 204. Access to national driver register information on certain coast guard
personnel.
Sec. 205. Officer retention until retirement eligible.
TITLE III—NAVIGATION SAFETY AND WATERWAY SERVICES
MANAGEMENT
Sec. 301. Foreign passenger vessel user fees.
Sec. 302. Florida Avenue Bridge.
Sec. 303. Renewal of Houston-Galveston Navigation Safety Advisory Committee
and Lower Mississippi River Waterway Advisory Committee.
Sec. 304. Renewal of the Navigation Safety Advisory Council.
Sec. 305. Renewal of Commercial Fishing Industry Vessel Advisory Committee.
Sec. 306. Nondisclosure of port security plans.
Sec. 307. Maritime drug and alcohol testing program civil penalty.
Sec. 308. Withholding vessel clearance for violation of certain Acts.
Sec. 309. Increased civil penalties.
Sec. 310. Amendment to require emergency position indicating radio beacons
on the Great Lakes.
TITLE IV—MISCELLANEOUS
Sec. 401. Transfer of Coast Guard property in Traverse City, Michigan.
Sec. 402. Transfer of Coast Guard property in Ketchikan, Alaska.
Sec. 403. Electronic filing of commercial instruments.
Sec. 404. Board for correction of military records deadline.
Sec. 405. Judicial sale of certain documented vessels to aliens.
Sec. 406. Improved authority to sell recyclable material.
Sec. 407. Recruitment of women and minorities.
Sec. 408. Limitation of certain State authority over vessels.
Sec. 409. Vessel financing.
Sec. 410. Sense of Congress; requirement regarding notice.
Sec. 411. Special selection boards.
Sec. 412. Availability of extrajudicial remedies for default on preferred mort-
gage liens on vessels.
Sec. 413. Implementation of water pollution laws with respect to vegetable oil.
Sec. 414. Certain information from marine casualty investigations barred in
legal proceedings.
Sec. 415. Report on LORAN–C requirements.
Sec. 416. Limited double hull exemptions.
Sec. 417. Oil spill response vessels.
TITLE V—COAST GUARD REGULATORY REFORM
Sec. 501. Short title.
Sec. 502. Safety management.
Sec. 503. Use of reports, documents, records, and examinations of other per-
sons.
Sec. 504. Equipment approval.
Sec. 505. Frequency of inspection.
Sec. 506. Certificate of inspection.
Sec. 507. Delegation of authority of Secretary to classification societies.
TITLE VI—DOCUMENTATION OF VESSELS
Sec. 601. Authority to issue coastwise endorsements.
Sec. 602. Vessel documentation for charity cruises.
Sec. 603. Extension of deadline for conversion of vessel M/V TWIN DRILL.
Sec. 604. Documentation of vessel RAINBOW’S END.
TITLE VII—TECHNICAL AND CONFORMING AMENDMENTS
Sec. 701. Amendment of inland navigation rules.
Sec. 702. Measurement of vessels.
Sec. 703. Longshore and harbor workers compensation.
Sec. 704. Radiotelephone requirements.
Sec. 705. Vessel operating requirements.
Sec. 706. Merchant Marine Act, 1920.
Sec. 707. Merchant Marine Act, 1956.
Sec. 708. Maritime education and training.
Sec. 709. General definitions.
Sec. 710. Authority to exempt certain vessels.
Sec. 711. Inspection of vessels.
Sec. 712. Regulations.
Sec. 713. Frequency of inspection.
Sec. 714. Penalties—Inspection of vessels.
Sec. 715. Application—Tank vessels.
Sec. 716. Tank vessel construction standards.
Sec. 717. Tanker minimum standards.
Sec. 718. Self-propelled tank vessel minimum standards.
Sec. 719. Definition—Abandonment of barges.
Sec. 720. Application—Load lines.
Sec. 721. Licensing of individuals.
Sec. 722. Able seamen—Limited.
Sec. 723. Able seamen—Offshore supply vessels.
Sec. 724. Scale of employment—Able seamen.
Sec. 725. General requirements—Engine department.
Sec. 726. Complement of inspected vessels.
Sec. 727. Watchmen.
Sec. 728. Citizenship and naval reserve requirements.
Sec. 729. Watches.
Sec. 730. Minimum number of licensed individuals.
Sec. 731. Officers’ Competency Certificates Convention.
Sec. 732. Merchant mariners’ documents required.
Sec. 733. Certain crew requirements.
Sec. 734. Freight vessels.
Sec. 735. Exemptions.
Sec. 736. United States registered pilot service.
Sec. 737. Definitions—Merchant seamen protection.
Sec. 738. Application—Foreign and intercoastal voyages.
Sec. 739. Application—Coastwise voyages.
Sec. 740. Fishing agreements.
Sec. 741. Accommodations for seamen.
Sec. 742. Medicine chests.
Sec. 743. Logbook and entry requirements.
Sec. 744. Coastwise endorsements.
Sec. 745. Fishery endorsements.
Sec. 746. Clerical amendment.
Sec. 747. Repeal of Great Lakes endorsements.
Sec. 748. Convention tonnage for licenses, certificates, and documents.
TITLE VIII—COAST GUARD AUXILIARY AMENDMENTS
Sec. 801. Administration of the Coast Guard Auxiliary.
Sec. 802. Purpose of the Coast Guard Auxiliary.
Sec. 804. Assignment and performance of duties.
Sec. 805. Cooperation with other agencies, States, territories, and political sub-
divisions.
Sec. 806. Vessel deemed public vessel.
Sec. 807. Aircraft deemed public aircraft.
Sec. 808. Disposal of certain material.
TITLE I—AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for nec-
essary expenses of the Coast Guard for fiscal year 1996,
as follows:
(1) For the operation and maintenance of the
Coast Guard, $2,618,316,000, of which $25,000,000
shall be derived from the Oil Spill Liability Trust
Fund.
(2) For the acquisition, construction, rebuild-
ing, and improvement of aids to navigation, shore
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto, $428,200,000, to re-
main available until expended, of which $32,500,000
shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors
directly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
fense readiness, $22,500,000, to remain available
until expended, of which $3,150,000 shall be derived
from the Oil Spill Liability Trust Fund.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Bene-
fit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of
title 10, United States Code, $582,022,000.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting
obstructions to navigation, and for personnel and
administrative costs associated with the Bridge Al-
teration Program, $16,200,000, to remain available
until expended.
(6) For necessary expenses to carry out the
Coast Guard’s environmental compliance and res-
toration functions, other than parts and equipment
associated with operations and maintenance, under
chapter 19 of title 14, United States Code, at Coast
Guard facilities, $25,000,000, to remain available
until expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH
AND TRAINING.
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is
authorized an end-of-year strength for active duty person-
nel of 38,400 as of September 30, 1996.
(b) MILITARY TRAINING STUDENT LOADS.—For fis-
cal year 1996, the Coast Guard is authorized average mili-
tary training student loads as follows:
(1) For recruit and special training, 1604 stu-
dent years.
(2) For flight training, 85 student years.
(3) For professional training in military and ci-
vilian institutions, 330 student years.
(4) For officer acquisition, 874 student years.
SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION.
Not later than 30 days after the end of each fiscal
year quarter, the Secretary of Transportation shall submit
to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report on all expenditures related to drug interdiction ac-
tivities of the Coast Guard during that quarter.
TITLE II—PERSONNEL
MANAGEMENT IMPROVEMENT
SEC. 201. 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—
(1) funds available to the Coast Guard, not to
exceed a total of $25,000, shall be used; and
(2) the Secretary of Transportation shall ad-
minister that section with respect to Coast Guard
personnel.
SEC. 202. 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:
‘‘(d) Reserve members ordered to active duty under
this section shall not be counted in computing authorized
strength of members on active duty or members in grade
under this title or under any other law.’’.
SEC. 203. PROVISION OF CHILD DEVELOPMENT SERVICES.
Section 93 of title 14, United States Code, is amend-
ed by striking ‘‘and’’ after the semicolon at the end of
paragraph (t)(2), by striking the period at the end of para-
graph (u) and inserting ‘‘; and’’, and by adding at the
end the following new paragraph:
‘‘(v) make child development services available
to members of the armed forces and Federal civilian
employees under terms and conditions comparable to
those under the Military Child Care Act of 1989 (10
U.S.C. 113 note).’’.
SEC. 204. ACCESS TO NATIONAL DRIVER REGISTER INFOR-
MATION ON CERTAIN COAST GUARD PERSON-
NEL.
(a) AMENDMENT TO TITLE 14.—Section 93 of title
14, United States Code, as amended by section 203, 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 ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(w) require that any officer, chief warrant offi-
cer, or enlisted member of the Coast Guard or Coast
Guard Reserve (including a cadet or an applicant for
appointment or enlistment to any of the foregoing
and any member of a uniformed service who is as-
signed to the Coast Guard) request that all informa-
tion contained in the National Driver Register per-
taining to the individual, as described in section
30304(a) of title 49, be made available to the Com-
mandant under section 30305(a) of title 49, may re-
ceive that information, and upon receipt, shall make
the information available to the individual.’’.
(b) AMENDMENT TO TITLE 49.—Section 30305(b) of
title 49, United States Code, is amended by redesignating
paragraph (7) as paragraph (8) and inserting after para-
graph (6) the following new paragraph:
‘‘(7) An individual who is an officer, chief warrant
officer, or enlisted member of the Coast Guard or Coast
Guard Reserve (including a cadet or an applicant for ap-
pointment or enlistment of any of the foregoing and any
member of a uniformed service who is assigned to the
Coast Guard) may request the chief driver licensing offi-
cial of a State to provide information about the individual
under subsection (a) of this section to the Commandant
of the Coast Guard. The Commandant may receive the
information and shall make the information available to
the individual. Information may not be obtained from the
Register under this paragraph if the information was en-
tered in the Register more than 3 years before the request,
unless the information is about a revocation or suspension
still in effect on the date of the request.’’.
SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGI-
BLE.
Section 283(b) of title 14, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by striking the last sentence; and
(3) by adding at the end the following:
‘‘(2) Upon the completion of a term under paragraph
(1), an officer shall, unless selected for further continu-
ation—
‘‘(A) except as provided in subparagraph (B),
be honorably discharged with severance pay com-
puted under section 286 of this title;
‘‘(B) in the case of an officer who has com-
pleted at least 18 years of active service on the date
of discharge under subparagraph (A), be retained on
active duty and retired on the last day of the month
in which the officer completes 20 years of active
payment of costs for the removal of the drainage siphon
in accordance with that Act.
SEC. 303. RENEWAL OF HOUSTON-GALVESTON NAVIGATION
SAFETY ADVISORY COMMITTEE AND LOWER
MISSISSIPPI RIVER WATERWAY ADVISORY
COMMITTEE.
The Coast Guard Authorization Act of 1991 (Public
Law 102–241, 105 Stat. 2208–2235) is amended—
(1) in section 18 by adding at the end the fol-
lowing:
‘‘(h) The Committee shall terminate on October 1,
2000.’’; and
(2) in section 19 by adding at the end the fol-
lowing:
‘‘(g) The Committee shall terminate on October 1,
2000.’’.
SEC. 304. RENEWAL OF THE NAVIGATION SAFETY ADVI-
SORY COUNCIL.
(a) RENEWAL.—Section 5(d) of the Inland Naviga-
tional Rules Act of 1980 (33 U.S.C. 2073) is amended
by striking ‘‘September 30, 1995’’ and inserting ‘‘Septem-
ber 30, 2000’’.
(b) CLERICAL AMENDMENT.—The section heading
for section 5(d) of the Inland Navigational Rules Act of
1980 (33 U.S.C. 2073) is amended by striking ‘‘Rules of
the Road Advisory Council’’ and inserting ‘‘Navigation
Safety Advisory Council’’.
SEC. 305. RENEWAL OF COMMERCIAL FISHING INDUSTRY
VESSEL ADVISORY COMMITTEE.
Subsection (e)(1) of section 4508 of title 46, United
States Code, is amended by striking ‘‘September 30,
1994’’ and inserting ‘‘October 1, 2000’’.
SEC. 306. NONDISCLOSURE OF PORT SECURITY PLANS.
Section 7 of the Ports and Waterways Safety Act (33
U.S.C. 1226), is amended by adding at the end the follow-
ing new subsection (c):
‘‘(c) NONDISCLOSURE OF PORT SECURITY PLANS.—
Notwithstanding any other provision of law, information
related to security plans, procedures, or programs for pas-
senger vessels or passenger terminals authorized under
this Act is not required to be disclosed to the public.’’.
SEC. 307. MARITIME DRUG AND ALCOHOL TESTING PRO-
GRAM CIVIL PENALTY.
(a) PENALTY IMPOSED.—Chapter 21 of title 46,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2115. Civil penalty to enforce alcohol and dan-
gerous drug testing
‘‘Any person who fails to comply with or otherwise
violates the requirements prescribed by the Secretary
under this subtitle for chemical testing for dangerous
drugs or for evidence of alcohol use is liable to the United
States Government for a civil penalty of not more than
$1,000 for each violation. Each day of a continuing viola-
tion shall constitute a separate violation.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 21 of title 46, United States
Code, is amended by inserting after the item relating to
section 2114 the following new item:
‘‘2115. Civil penalty to enforce alcohol and dangerous drug testing.’’.
SEC. 308. WITHHOLDING VESSEL CLEARANCE FOR VIOLA-
TION OF CERTAIN ACTS.
(a) TITLE 49 UNITED STATES CODE.—Section 5122
of title 49, United States Code, is amended by adding at
the end the following new subsection:
‘‘(c) WITHHOLDING
OF CLEARANCE.—(1) If any
owner, operator, or person in charge of a vessel is liable
for a civil penalty under section 5123 of this title or for
a fine under section 5124 of this title, or if reasonable
cause exists to believe that such owner, operator, or person
in charge may be subject to such a civil penalty or fine,
the Secretary of the Treasury, upon the request of the
Secretary, shall with respect to such vessel refuse or re-
voke any clearance required by section 4197 of the Revised
Statutes of the United States (46 App. U.S.C. 91).
‘‘(2) Clearance refused or revoked under this sub-
section may be granted upon the filing of a bond or other
surety satisfactory to the Secretary.’’.
(b) PORT AND WATERWAYS SAFETY ACT.—Section
13(f) of the Ports and Waterways Safety Act (33 U.S.C.
1232(f)) is amended to read as follows:
‘‘(f) WITHHOLDING
OF CLEARANCE.—(1) If any
owner, operator, or person in charge of a vessel is liable
for a penalty or fine under this section, or if reasonable
cause exists to believe that the owner, operator, or person
in charge may be subject to a penalty or fine under this
section, the Secretary of the Treasury, upon the request
of the Secretary, shall with respect to such vessel refuse
or revoke any clearance required by section 4197 of the
Revised Statutes of the United States (46 App. U.S.C.
91).
‘‘(2) Clearance refused or revoked under this sub-
section may be granted upon filing of a bond or other sur-
ety satisfactory to the Secretary.’’.
(c) INLAND NAVIGATION RULES ACT OF 1980.—Sec-
tion 4(d) of the Inland Navigational Rules Act of 1980
(33 U.S.C. 2072(d)) is amended to read as follows:
‘‘(d) WITHHOLDING
OF CLEARANCE.—(1) If any
owner, operator, or person in charge of a vessel is liable
for a penalty under this section, or if reasonable cause
exists to believe that the owner, operator, or person in
charge may be subject to a penalty under this section, the
Secretary of the Treasury, upon the request of the Sec-
retary, shall with respect to such vessel refuse or revoke
any clearance required by section 4197 of the Revised
Statutes of the United States (46 App. U.S.C. 91).
‘‘(2) Clearance or a permit refused or revoked under
this subsection may be granted upon filing of a bond or
other surety satisfactory to the Secretary.’’.
(d) TITLE 46, UNITED STATES CODE.—Section
3718(e) of title 46, United States Code, is amended to
read as follows:
‘‘(e)(1) If any owner, operator, or person in charge
of a vessel is liable for any penalty or fine under this sec-
tion, or if reasonable cause exists to believe that the
owner, operator, or person in charge may be subject to
any penalty or fine under this section, the Secretary of
the Treasury, upon the request of the Secretary, shall with
respect to such vessel refuse or revoke any clearance re-
quired by section 4197 of the Revised Statutes of the
United States (46 U.S.C. App. 91).
‘‘(2) Clearance or a permit refused or revoked under
this subsection may be granted upon filing of a bond or
other surety satisfactory to the Secretary.’’.
SEC. 309. INCREASED CIVIL PENALTIES.
(a) PENALTY
FOR FAILURE
TO REPORT
A CAS-
UALTY.—Section 6103(a) of title 46, United States Code,
is amended by striking ‘‘$1,000’’ and inserting ‘‘not more
than $25,000’’.
(b) OPERATION OF UNINSPECTED VESSEL IN VIOLA-
TION
OF MANNING REQUIREMENTS.—Section 8906 of
title 46, United States Code, is amended by striking
‘‘$1,000’’ and inserting ‘‘not more than $25,000’’.
SEC. 310. AMENDMENT TO REQUIRE EMERGENCY POSITION
INDICATING RADIO BEACONS 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’’.
TITLE IV—MISCELLANEOUS
SEC. 401. TRANSFER OF COAST GUARD PROPERTY IN TRA-
VERSE CITY, MICHIGAN.
(a) REQUIREMENT.—The Secretary of Transpor-
tation (or any other official having control over the prop-
erty described in subsection (b)) shall expeditiously convey
to the Traverse City Area Public School District in Tra-
verse City, Michigan, without consideration, all right, title,
and interest of the United States in and to the property
described in subsection (b), subject to all easements and
other interests in the property held by any other person.
(b) PROPERTY DESCRIBED.—The property referred
to in subsection (a) is real property located in the city
of Traverse City, Grand Traverse County, Michigan, and
consisting of that part of the southeast 1⁄4 of Section 12,
Township 27 North, Range 11 West, described as: Com-
mencing at the southeast 1⁄4 corner of said Section 12,
thence north 03 degrees 05 minutes 25 seconds east along
the East line of said Section, 1074.04 feet, thence north
86 degrees 36 minutes 50 seconds west 207.66 feet,
thence north 03 degrees 06 minutes 00 seconds east
572.83 feet to the point of beginning, thence north 86 de-
grees 54 minutes 00 seconds west 1,751.04 feet, thence
north 03 degrees 02 minutes 38 seconds east 330.09 feet,
thence north 24 degrees 04 minutes 40 seconds east
439.86 feet, thence south 86 degrees 56 minutes 15 sec-
onds east 116.62 feet, thence north 03 degrees 08 minutes
45 seconds east 200.00 feet, thence south 87 degrees 08
minutes 20 seconds east 68.52 feet, to the southerly right-
of-way of the C & O Railroad, thence south 65 degrees
54 minutes 20 seconds east along said right-of-way
1508.75 feet, thence south 03 degrees 06 minutes 00 sec-
onds west 400.61 to the point of beginning, consisting of
27.10 acres of land, and all improvements located on that
property including buildings, structures, and equipment.
(c) REVERSIONARY INTEREST.—In addition to any
term or condition established pursuant to subsection (a),
any conveyance of property described in subsection (b)
shall be subject to the condition that all right, title, and
interest in and to the property so conveyed shall imme-
diately revert to the United States if the property, or any
part thereof, ceases to be used by the Traverse City School
District.
SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN
KETCHIKAN, ALASKA.
(a) CONVEYANCE REQUIREMENT.—The Secretary of
Transportation shall convey to the Ketchikan Indian Cor-
poration in Ketchikan, Alaska, without reimbursement
and by no later than 120 days after the date of enactment
of this Act, all right, title, and interest of the United
States in and to the property known as the ‘‘Former Ma-
rine Safety Detachment’’ as identified in Report of Excess
Number CG–689 (GSA Control Number 9–U–AK–0747)
and described in subsection (b), for use by the Ketchikan
Indian Corporation as a health or social services facility.
(b) PROPERTY DESCRIBED.—The property referred
to in subsection (a) is real property located in the city
of Ketchikan, Township 75 south, range 90 east, Copper
River Meridian, First Judicial District, State of Alaska,
and commencing at corner numbered 10, United States
Survey numbered 1079, the true point of beginning for
this description: Thence north 24 degrees 04 minutes east,
along the 10–11 line of said survey a distance of 89.76
feet to corner numbered 1 of lot 5B; thence south 65 de-
grees 56 minutes east a distance of 345.18 feet to corner
numbered 2 of lot 5B; thence south 24 degrees 04 minutes
west a distance of 101.64 feet to corner numbered 3 of
lot 5B; thence north 64 degrees 01 minute west a distance
of 346.47 feet to corner numbered 10 of said survey, to
the true point of beginning, consisting of 0.76 acres (more
or less), and all improvements located on that property,
including buildings, structures, and equipment.
(c) REVERSIONARY INTEREST.—In addition to any
term or condition established pursuant to subsection (a),
any conveyance of property described in subsection (b)
shall be subject to the condition that all right, title, and
interest in and to the property so conveyed shall imme-
diately revert to the United States if the property, or any
part thereof, ceases to be used by the Ketchikan Indian
Corporation as a health or social services facility.
SEC. 403. ELECTRONIC FILING OF COMMERCIAL INSTRU-
MENTS.
Section 31321(a) of title 46, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(4)(A) A bill of sale, conveyance, mortgage, assign-
ment, or related instrument may be filed electronically
under regulations prescribed by the Secretary.
‘‘(B) A filing made electronically under subparagraph
(A) shall not be effective after the 10-day period beginning
on the date of the filing unless the original instrument
is provided to the Secretary within that 10-day period.’’.
SEC. 404. BOARD FOR CORRECTION OF MILITARY RECORDS
DEADLINE.
(a) REMEDIES DEEMED EXHAUSTED.—Ten months
after a complete application for correction of military
records is received by the Board for Correction of Military
Records of the Coast Guard, administrative remedies are
deemed to have been exhausted, and—
(1) if the Board has rendered a recommended
decision, its recommendation shall be final agency
action and not subject to further review or approval
within the Department of Transportation; or
(2) if the Board has not rendered a rec-
ommended decision, agency action is deemed to have
been unreasonably delayed or withheld and the ap-
plicant is entitled to—
(A) an order under section 706(1) of title
5, United States Code, directing final action be
taken within 30 days from the date the order
is entered; and
(B) from amounts appropriated to the De-
partment of Transportation, the costs of obtain-
ing the order, including a reasonable attorney’s
fee.
(b) EXISTING DEADLINE MANDATORY.—The 10-
month deadline established in section 212 of the Coast
Guard Authorization Act of 1989 (Public Law 101–225,
103 Stat. 1914) is mandatory.
(c) APPLICATION.—This section applies to all appli-
cations filed with or pending before the Board or the Sec-
retary of Transportation on or after June 12, 1990. For
applications that were pending on June 12, 1990, the 10-
month deadline referred to in subsection (b) shall be cal-
culated from June 12, 1990.
SEC. 405. JUDICIAL SALE OF CERTAIN DOCUMENTED VES-
SELS TO ALIENS.
Section 31329 of title 46, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(f) This section does not apply to a documented ves-
sel that has been operated only—
‘‘(1) as a fishing vessel, fish processing vessel,
or fish tender vessel; or
‘‘(2) for pleasure.’’.
SEC. 406. IMPROVED AUTHORITY TO SELL RECYCLABLE
MATERIAL.
Section 641(c)(2) of title 14, United States Code, is
amended by inserting before the period the following: ‘‘,
except that the Commandant may conduct sales of mate-
rials for which the proceeds of sale will not exceed $5,000
under regulations prescribed by the Commandant’’.
SEC. 407. RECRUITMENT OF WOMEN AND MINORITIES.
Not later than January 31, 1996, the Commandant
of the Coast Guard shall report to the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate, on the status of and
the problems in recruitment of women and minorities into
the Coast Guard. The report shall contain specific plans
to increase the recruitment of women and minorities and
legislative recommendations needed to increase the re-
cruitment of women and minorities.
SEC. 408. LIMITATION OF CERTAIN STATE AUTHORITY
OVER VESSELS.
(a) SHORT TITLE.—This section may be cited as the
‘‘California Cruise Industry Revitalization Act’’.
(b) LIMITATION.—Section 5(b)(2) of the Act of Janu-
ary 2, 1951 (15 U.S.C. 1175(b)(2), commonly referred to
as the ‘‘Johnson Act’’, is amended by adding at the end
the following:
‘‘(C) EXCLUSION
OF
CERTAIN
VOYAGES
AND SEGMENTS.—Except for a voyage or seg-
ment of a voyage that occurs within the bound-
aries of the State of Hawaii, a voyage or seg-
ment of a voyage is not described in subpara-
graph (B) if it includes or consists of a seg-
ment—
‘‘(i) that begins and ends in the same
State;
‘‘(ii) that is part of a voyage to an-
other State or to a foreign country; and
‘‘(iii) in which the vessel reaches the
other State or foreign country within 3
days after leaving the State in which it be-
gins.’’.
(c) REMOVAL OF MORTGAGE RESTRICTIONS.—Sec-
tion 9 of the Shipping Act, 1916 (46 App. U.S.C. 808)
is amended—
(1) in subsection (c)—
(A) by striking ‘‘31328’’ and inserting
‘‘12106(e)’’; and
(B) in paragraph (1) by striking ‘‘mort-
gage,’’ each place it appears; and
(2) in subsection (d)—
(A) in paragraph (1) by striking ‘‘transfer,
or mortgage’’ and inserting ‘‘or transfer’’;
(B) in paragraph (2) by striking ‘‘trans-
fers, or mortgages’’ and inserting ‘‘or trans-
fers’’;
(C) in paragraph (3)(B) by striking
‘‘transfers, or mortgages’’ and inserting ‘‘or
transfers’’; and
(D) in paragraph (4) by striking ‘‘trans-
fers, or mortgages’’ and inserting ‘‘or trans-
fers’’.
(d) LEASE FINANCING.—Section 12106 of title 46,
United States Code, is amended by adding at the end the
following new subsections:
‘‘(e)(1) A certificate of documentation for a vessel
may be endorsed with a coastwise endorsement if—
‘‘(A) the vessel is eligible for documentation
under section 12102;
‘‘(B) the vessel is otherwise qualified under this
section to be employed in the coastwise trade;
‘‘(C) the person that owns the vessel, a parent
entity of that person, or a subsidiary of a parent en-
tity of that person, is engaged in leasing;
‘‘(D) the vessel is under a demise charter to a
person qualifying as a citizen of the United States
for engaging in the coastwise trade under section 2
of the Shipping Act, 1916; and
‘‘(E) the demise charter is for—
‘‘(i) a period of at least 3 years; or
‘‘(ii) such shorter period as may be pre-
scribed by the Secretary.
‘‘(2) On termination of a demise charter required
under paragraph (1)(D), the coastwise endorsement may
be continued for a period not to exceed 6 months on any
terms and conditions that the Secretary of Transportation
may prescribe.
‘‘(f) For purposes of the first proviso of section 27
of the Merchant Marine Act, 1920, section 2 of the Ship-
ping Act, 1916, and section 12102(a) of this title, a vessel
meeting the criteria of subsection (d) or (e) is deemed to
be owned exclusively by citizens of the United States.’’.
SEC. 410. SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products
purchased with funds made available under this Act
should be American-made.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the official
responsible for providing the assistance, to the greatest
extent practicable, shall provide to each recipient of the
assistance a notice describing the statement made in sub-
section (a) by the Congress.
SEC. 411. SPECIAL SELECTION BOARDS.
(a) REQUIREMENT.—Chapter 21 of title 14, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 747. Special selection boards
‘‘(a) The Secretary shall provide for special selection
boards to consider the case of any officer who is eligible
for promotion who—
‘‘(1) was not considered for selection for pro-
motion by a selection board because of administra-
tive error; or
‘‘(2) was considered for selection for promotion
by a selection board but not selected because—
‘‘(A) the action of the board that consid-
ered the officer was contrary to law or involved
a material error of fact or material administra-
tive error; or
‘‘(B) the board that considered the officer
did not have before it for its consideration ma-
terial information.
‘‘(b) Not later than 6 months after the date of the
enactment of the Coast Guard Authorization Act For Fis-
cal Year 1996, the Secretary shall issue regulations to im-
plement this section. The regulations shall conform, as ap-
propriate, to the regulations and procedures issued by the
Secretary of Defense for special selection boards under
section 628 of title 10, United States Code.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 21 of title 14, United States Code, is amended
by adding after the item for section 746 the following:
‘‘747. Special selection boards.’’.
SEC. 412. AVAILABILITY OF EXTRAJUDICIAL REMEDIES
FOR DEFAULT ON PREFERRED MORTGAGE
LIENS ON VESSELS.
(a) AVAILABILITY OF EXTRAJUDICIAL REMEDIES.—
Section 31325(b) of title 46, United States Code, is
amended—
(1) in the matter preceding paragraph (1) by
striking ‘‘mortgage may’’ and inserting ‘‘mortgagee
may’’;
(2) in paragraph (1) by—
(A) striking ‘‘perferred’’ and inserting
‘‘preferred’’; and
(B) striking ‘‘; and’’ and inserting a semi-
colon; and
(3) by adding at the end the following:
‘‘(3) enforce the preferred mortgage lien or a
claim for the outstanding indebtedness secured by
the mortgaged vessel, or both, by exercising any
other remedy (including an extrajudicial remedy)
against a documented vessel, a vessel for which an
application for documentation is filed under chapter
121 of this title, a foreign vessel, or a mortgagor,
maker, comaker, or guarantor for the amount of the
outstanding indebtedness or any deficiency in full
payment of that indebtedness, if—
‘‘(A) the remedy is allowed under applica-
ble law; and
‘‘(B) the exercise of the remedy will not re-
sult in a violation of section 9 or 37 of the
Shipping Act, 1916 (46 App. U.S.C. 808,
835).’’.
(b) NOTICE.—Section 31325 of title 46, United
States Code, is further amended by adding at the end the
following:
‘‘(f)(1) Before title to the documented vessel or vessel
for which an application for documentation is filed under
chapter 121 is transferred by an extrajudicial remedy, the
person exercising the remedy shall give notice of the pro-
posed transfer to the Secretary, to the mortgagee of any
mortgage on the vessel filed in substantial compliance with
section 31321 of this title before notice of the proposed
transfer is given to the Secretary, and to any person that
recorded a notice of a claim of an undischarged lien on
the vessel under section 31343(a) or (d) of this title before
notice of the proposed transfer is given to the Secretary.
‘‘(2) Failure to give notice as required by this sub-
section shall not affect the transfer of title to a vessel.
However, the rights of any holder of a maritime lien or
a preferred mortgage on the vessel shall not be affected
by a transfer of title by an extrajudicial remedy exercised
under this section, regardless of whether notice is required
by this subsection or given.
‘‘(3) The Secretary shall prescribe regulations estab-
lishing the time and manner for providing notice under
this subsection.’’.
(c) RULE
OF CONSTRUCTION.—The amendments
made by subsections (a) and (b) may not be construed
to imply that remedies other than judicial remedies were
not available before the date of enactment of this section
to enforce claims for outstanding indebtedness secured by
mortgaged vessels.
SEC. 413. IMPLEMENTATION OF WATER POLLUTION LAWS
WITH RESPECT TO VEGETABLE OIL.
(a) DIFFERENTIATION AMONG FATS, OILS, AND
GREASES.—
(1) IN
GENERAL.—In issuing or enforcing a
regulation, an interpretation, or a guideline relating
to a fat, oil, or grease under a Federal law related
to water pollution, the head of a Federal agency
shall—
(A) differentiate between and establish
separate classes for—
(i)(I) animal fats; and
(II) vegetable oils; and
(ii) other oils, including petroleum oil;
and
(B) apply different standards to different
classes of fat and oil as provided in paragraph
(2).
(2) CONSIDERATIONS.—In differentiating be-
tween the classes of animal fats and vegetable oils
referred to in paragraph (1)(A)(i) and the classes of
oils described in paragraph (1)(A)(ii), the head of a
Federal agency shall consider differences in physical,
chemical, biological, and other properties, and in the
environmental effects, of the classes.
(b) FINANCIAL RESPONSIBILITY.—
(1) LIMITS ON LIABILITY.—Section 1004(a)(1)
of the Oil Pollution Act of 1990 (33 U.S.C.
2704(a)(1)) is amended by striking ‘‘for a tank ves-
sel,’’ and inserting ‘‘for a tank vessel carrying oil in
bulk as cargo (unless the only oil carried is an ani-
mal fat or vegetable oil, as those terms are defined
in section 413(c) of the Coast Guard Authorization
Act For Fiscal Year 1996),’’.
(2) FINANCIAL
RESPONSIBILITY.—The first
sentence of section 1016(a) of the Act (33 U.S.C.
2716(a)) is amended by striking ‘‘in the case of a
tank vessel,’’ and inserting ‘‘in the case of a tank
vessel carrying oil in bulk as cargo (unless the only
oil carried is an animal fat or vegetable oil, as those
terms are defined in section 413(c) of the Coast
Guard Authorization Act for Fiscal Year 1996),’’.
(c) DEFINITIONS.—As used in this section:
(1) ANIMAL
FAT.—The term ‘‘animal fat’’
means each type of animal fat, oil, or grease (includ-
ing fat, oil, or grease from fish or a marine mam-
mal), including any fat, oil, or grease referred to in
section 61(a)(2) of title 13, United States Code.
(2) VEGETABLE OIL.—The term ‘‘vegetable oil’’
means each type of vegetable oil (including vegetable
oil from a seed, nut, or kernel), including any vege-
table oil referred to in section 61(a)(1) of title 13,
United States Code.
SEC. 414. CERTAIN INFORMATION FROM MARINE CAS-
UALTY INVESTIGATIONS BARRED IN LEGAL
PROCEEDINGS.
(a) IN GENERAL.—Title 46, United States Code, is
amended by inserting after section 6307 the following new
section:
‘‘§ 6308. Information barred in legal proceedings
‘‘(a) Notwithstanding any other provision of law, any
opinion, recommendation, deliberation, or conclusion con-
tained in a report of a marine casualty investigation con-
ducted under section 6301 of this title with respect to the
cause of, or factors contributing to, the casualty set forth
in the report of the investigation is not admissible as evi-
dence or subject to discovery in any civil, administrative,
or State criminal proceeding arising from a marine cas-
ualty, other than with the permission and consent of the
Secretary of Transportation, in his or her sole discretion.
Any employee of the United States or military member
of the Coast Guard investigating a marine casualty or as-
sisting in any such investigation conducted pursuant to
section 6301 of this title, shall not be subject to deposition
or other discovery, or otherwise testify or give information
in such proceedings relevant to a marine casualty inves-
tigation, without the permission and consent of the Sec-
retary 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 permission 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 prohibits the Unit-
ed 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.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 63 of title 46, United States
Code, is amended by adding after the item related to sec-
tion 6307 the following:
‘‘6308. Information barred in legal proceedings.’’.
SEC. 415. REPORT ON LORAN–C REQUIREMENTS.
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary of Transportation shall
submit a report to the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science and Transportation of
the Senate, prepared in consultation with users of the
LORAN–C radionavigation system, defining the future
use of and funding for operations, maintenance, and up-
grades of the LORAN–C radionavigation system. The re-
port shall address the following:
(1) An appropriate timetable for transition
from ground-based radionavigation technology after
it is determined that satellite-based technology is
available as a sole means of safe and efficient navi-
gation.
(2) The need to ensure that LORAN–C tech-
nology purchased by the public before the year 2000
has a useful economic life.
(3) The benefits of fully utilizing the compat-
ibilities of LORAN–C technology and satellite-based
technology by all modes of transportation.
(4) The need for all agencies in the Department
of Transportation and other relevant Federal agen-
cies to share the Federal Government’s costs related
to LORAN–C technology.
SEC. 416. LIMITED DOUBLE HULL EXEMPTIONS.
Section 3703a(b) of title 46, United States Code, is
amended by—
(1) striking ‘‘or’’ at the end of paragraph (2);
(2) striking the period at the end of paragraph
(3) and inserting a semicolon; and
(3) adding at the end the following new para-
graphs:
‘‘(4) a vessel equipped with a double hull before
August 12, 1992; or
‘‘(5) a barge of less than 2,000 gross tons that
is primarily used to carry deck cargo and bulk fuel
to Native villages (as that term is defined in section
3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1601)) located on or adjacent to bays or riv-
ers above 58 degrees north latitude.’’.
SEC. 417. OIL SPILL RESPONSE VESSELS.
(a) DEFINITION.—Section 2101 of title 46, United
States Code, is amended—
(1) by redesignating paragraph (20a) as para-
graph (20b); and
(2) by inserting after paragraph (20) the fol-
lowing new paragraph:
‘‘(20a) ‘oil spill response vessel’ means a vessel
that is designated in its certificate of inspection as
such a vessel, or that is adapted to respond to a dis-
charge of oil or a hazardous material.’’.
(b) EXEMPTION FROM LIQUID BULK CARRIAGE RE-
QUIREMENTS.—Section 3702 of title 46, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(f) This chapter does not apply to an oil spill re-
sponse vessel if—
‘‘(1) the vessel is used only in response-related
activities; or
‘‘(2) the vessel is—
‘‘(A) not more than 500 gross tons;
‘‘(B) designated in its certificate of inspec-
tion as an oil spill response vessel; and
‘‘(C) engaged in response-related activi-
ties.’’.
(c) MANNING.—Section 8104(p) of title 46, United
States Code, is amended to read as follows:
‘‘(p) The Secretary may prescribe the watchstanding
requirements for an oil spill response vessel.’’.
(d) MINIMUM
NUMBER
OF
LICENSED
INDIVID-
UALS.—Section 8301(e) of title 46, United States Code,
is amended to read as follows:
‘‘(e) The Secretary may prescribe the minimum num-
ber of licensed individuals for an oil spill response vessel.’’.
(e) MERCHANT
MARINER
DOCUMENT
REQUIRE-
MENTS.—Section 8701(a) of title 46, United States Code,
is amended by striking ‘‘and’’ after the semicolon at the
end of paragraph (7), by striking the period at the end
of paragraph (8) and inserting ‘‘; and’’, and by adding
at the end the following new paragraph:
‘‘(9) the Secretary may prescribe the individuals
required to hold a merchant mariner’s document
serving onboard an oil spill response vessel.’’.
(f) EXEMPTION FROM TOWING VESSEL REQUIRE-
MENT.—Section 8905 of title 46, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(c) Section 8904 of this title does not apply to an
oil spill response vessel while engaged in oil spill response
or training activities.’’.
(g) INSPECTION REQUIREMENT.—Section 3301 of
title 46, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(14) oil spill response vessels.’’.
TITLE V—COAST GUARD
REGULATORY REFORM
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Coast Guard Regu-
latory Reform Act of 1995’’.
SEC. 502. SAFETY MANAGEMENT.
(a) MANAGEMENT OF VESSELS.—Title 46, United
States Code, is amended by adding after chapter 31 the
following new chapter:
‘‘CHAPTER 32—MANAGEMENT OF VESSELS
‘‘Sec.
‘‘3201. Definitions.
‘‘3202. Application.
‘‘3203. Safety management system.
‘‘3204. Implementation of safety management system.
‘‘3205. Certification.
‘‘§ 3201. Definitions
‘‘In this chapter—
‘‘(1) ‘International Safety Management Code’
has the same meaning given that term in chapter IX
of the Annex to the International Convention for the
Safety of Life at Sea, 1974;
‘‘(2) ‘responsible person’ means—
‘‘(A) the owner of a vessel to which this
chapter applies; or
‘‘(B) any other person that has—
‘‘(i) assumed the responsibility for op-
eration of a vessel to which this chapter
applies from the owner; and
‘‘(ii) agreed to assume with respect to
the vessel responsibility for complying with
all the requirements of this chapter and
the regulations prescribed under this chap-
ter.
‘‘(3) ‘vessel engaged on a foreign voyage’ means
a vessel to which this chapter applies—
‘‘(A) arriving at a place under the jurisdic-
tion of the United States from a place in a for-
eign country;
‘‘(B) making a voyage between places out-
side the United States; or
‘‘(C) departing from a place under the ju-
risdiction of the United States for a place in a
foreign country.
‘‘§ 3202. Application
‘‘(a) MANDATORY APPLICATION.—This chapter ap-
plies to the following vessels engaged on a foreign voyage:
‘‘(1) Beginning July 1, 1998—
‘‘(A) a vessel transporting more than 12
passengers described in section 2101(21)(A) of
this title; and
‘‘(B) a tanker, bulk freight vessel, or high-
speed freight vessel, of at least 500 gross tons.
‘‘(2) Beginning July 1, 2002, a freight vessel
and a mobile offshore drilling unit of at least 500
gross tons.
‘‘(b) VOLUNTARY APPLICATION.—This chapter ap-
plies to a vessel not described in subsection (a) of this
section if the owner of the vessel requests the Secretary
to apply this chapter to the vessel.
‘‘(c) EXCEPTION.—Except as provided in subsection
(b) of this section, this chapter does not apply to—
‘‘(1) a barge;
‘‘(2) a recreational vessel not engaged in com-
mercial service;
‘‘(3) a fishing vessel;
‘‘(4) a vessel operating on the Great Lakes or
its tributary and connecting waters; or
‘‘(5) a public vessel.
‘‘§ 3203. Safety management system
‘‘(a) IN GENERAL.—The Secretary shall prescribe
regulations which establish a safety management system
for responsible persons and vessels to which this chapter
applies, including—
‘‘(1) a safety and environmental protection pol-
icy;
‘‘(2) instructions and procedures to ensure safe
operation of those vessels and protection of the envi-
ronment in compliance with international and Unit-
ed States law;
‘‘(3) defined levels of authority and lines of
communications between, and among, personnel on
shore and on the vessel;
‘‘(4) procedures for reporting accidents and
nonconformities with this chapter;
‘‘(5) procedures for preparing for and respond-
ing to emergency situations; and
‘‘(6) procedures for internal audits and man-
agement reviews of the system.
‘‘(b) COMPLIANCE WITH CODE.—Regulations pre-
scribed under this section shall be consistent with the
International Safety Management Code with respect to
vessels engaged on a foreign voyage.
‘‘§ 3204. Implementation of safety management sys-
tem
‘‘(a) SAFETY MANAGEMENT PLAN.—Each respon-
sible person shall establish and submit to the Secretary
for approval a safety management plan describing how
that person and vessels of the person to which this chapter
applies will comply with the regulations prescribed under
section 3203(a) of this title.
‘‘(b) APPROVAL.—Upon receipt of a safety manage-
ment plan submitted under subsection (a), the Secretary
shall review the plan and approve it if the Secretary deter-
mines that it is consistent with and will assist in imple-
menting the safety management system established under
section 3203.
‘‘(c) PROHIBITION ON VESSEL OPERATION.—A ves-
sel to which this chapter applies under section 3202(a)
may not be operated without having on board a Safety
Management Certificate and a copy of a Document of
Compliance issued for the vessel under section 3205 of
this title.
‘‘§ 3205. Certification
‘‘(a) ISSUANCE OF CERTIFICATE AND DOCUMENT.—
After verifying that the responsible person for a vessel to
which this chapter applies and the vessel comply with the
applicable requirements under this chapter, the Secretary
shall issue for the vessel, on request of the responsible per-
son, a Safety Management Certificate and a Document of
Compliance.
‘‘(b) MAINTENANCE OF CERTIFICATE AND DOCU-
MENT.—A Safety Management Certificate and a Docu-
ment of Compliance issued for a vessel under this section
shall be maintained by the responsible person for the ves-
sel as required by the Secretary.
‘‘(c) VERIFICATION OF COMPLIANCE.—The Secretary
shall—
‘‘(1) periodically review whether a responsible
person having a safety management plan approved
under section 3204(b) and each vessel to which the
plan applies is complying with the plan; and
‘‘(2) revoke the Secretary’s approval of the plan
and each Safety Management Certificate and Docu-
ment of Compliance issued to the person for a vessel
to which the plan applies, if the Secretary deter-
mines that the person or a vessel to which the plan
applies has not complied with the plan.
‘‘(d) ENFORCEMENT.—At the request of the Sec-
retary, the Secretary of the Treasury shall withhold or re-
voke the clearance required by section 4197 of the Revised
Statutes (46 App. U.S.C. 91) of a vessel that is subject
to this chapter under section 3202(a) of this title or to
the International Safety Management Code, if the vessel
does not have on board a Safety Management Certificate
and a copy of a Document of Compliance for the vessel.
Clearance may be granted on filing a bond or other surety
satisfactory to the Secretary.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of subtitle II of title 46, United States
Code, is amended by inserting after the item relating to
chapter 31 the following:
‘‘32. Management of vessels ........................................................... 3201’’.
(c) STUDY.—
(1) STUDY.—The Secretary of Transportation
shall conduct, in cooperation with the owners,
charterers, and managing operators of vessels docu-
mented under chapter 121 of title 46, United States
Code, and other interested persons, a study of the
methods that may be used to implement and enforce
the International Management Code for the Safe
Operation of Ships and for Pollution Prevention
under chapter IX of the Annex to the International
Convention for the Safety of Life at Sea, 1974.
(2) REPORT.—The Secretary shall submit to
the Congress a report of the results of the study re-
quired under paragraph (1) before the earlier of—
(A) the date that final regulations are pre-
scribed under section 3203 of title 46, United
States Code (as enacted by subsection (a); or
(B) the date that is 1 year after the date
of enactment of this Act.
SEC. 503. USE OF REPORTS, DOCUMENTS, RECORDS, AND
EXAMINATIONS OF OTHER PERSONS.
(a) REPORTS, DOCUMENTS, AND RECORDS.—Chap-
ter 31 of title 46, United States Code, is amended by add-
ing the following new section:
‘‘§ 3103. Use of reports, documents, and records
‘‘The Secretary may rely, as evidence of compliance
with this subtitle, on—
‘‘(1) reports, documents, and records of other
persons who have been determined by the Secretary
to be reliable; and
‘‘(2) other methods the Secretary has deter-
mined to be reliable.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 31 of title 46, United States Code, is amended
by adding at the end the following:
‘‘3103. Use of reports, documents, and records.’’.
(c) EXAMINATIONS.—Section 3308 of title 46, United
States Code, is amended by inserting ‘‘or have examined’’
after ‘‘examine’’.
SEC. 504. EQUIPMENT APPROVAL.
(a) IN GENERAL.—Section 3306(b) of title 46, Unit-
ed States Code, is amended to read as follows:
‘‘(b)(1) Equipment and material subject to regulation
under this section may not be used on any vessel without
prior approval of the Secretary.
‘‘(2) Except with respect to use on a public vessel,
the Secretary may treat an approval of equipment or ma-
terials by a foreign government as approval by the Sec-
retary for purposes of paragraph (1) if the Secretary de-
termines that—
‘‘(A) the design standards and testing proce-
dures used by that government meet the require-
ments of the International Convention for the Safety
of Life at Sea, 1974;
‘‘(B) the approval of the equipment or material
by the foreign government will secure the safety of
individuals and property on board vessels subject to
inspection; and
‘‘(C) for lifesaving equipment, the foreign gov-
ernment—
‘‘(i) has given equivalent treatment to ap-
provals of lifesaving equipment by the Sec-
retary; and
‘‘(ii) otherwise ensures that lifesaving
equipment approved by the Secretary may be
used on vessels that are documented and sub-
ject to inspection under the laws of that coun-
try.’’.
(b) FOREIGN APPROVALS.—The Secretary of Trans-
portation, in consultation with other interested Federal
agencies, shall work with foreign governments to have
those governments approve the use of the same equipment
and materials on vessels documented under the laws of
those countries that the Secretary requires on United
States documented vessels.
(c) TECHNICAL AMENDMENT.—Section 3306(a)(4)
of title 46, United States Code, is amended by striking
‘‘clauses (1)–(3)’’ and inserting ‘‘paragraphs (1), (2), and
(3)’’.
SEC. 505. FREQUENCY OF INSPECTION.
(a) FREQUENCY OF INSPECTION, GENERALLY.—Sec-
tion 3307 of title 46, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘nautical school vessel’’
and inserting ‘‘, nautical school vessel, and
small passenger vessel allowed to carry more
than 12 passengers on a foreign voyage’’; and
(B) by adding ‘‘and’’ after the semicolon
at the end;
(2) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(3) in paragraph (2) (as so redesignated), by
striking ‘‘2 years’’ and inserting ‘‘5 years’’.
(b) CONFORMING AMENDMENT.—Section 3710(b) of
title 46, United States Code, is amended by striking ‘‘24
months’’ and inserting ‘‘5 years’’.
SEC. 506. CERTIFICATE OF INSPECTION.
Section 3309(c) of title 46, United States Code, is
amended by striking ‘‘(but not more than 60 days)’’.
SEC. 507. DELEGATION OF AUTHORITY OF SECRETARY TO
CLASSIFICATION SOCIETIES.
(a) AUTHORITY TO DELEGATE.—Section 3316 of
title 46, United States Code, is amended—
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively; and
(3) in subsection (b), as so redesignated, by—
(A) redesignating paragraph (2) as para-
graph (3); and
(B) striking so much of the subsection as
precedes paragraph (3), as so redesignated, and
inserting the following:
‘‘(b)(1) The Secretary may delegate to the American
Bureau of Shipping or another classification society recog-
nized by the Secretary as meeting acceptable standards
for such a society, for a vessel documented or to be docu-
mented under chapter 121 of this title, the authority to—
‘‘(A) review and approve plans required for is-
suing a certificate of inspection required by this
part;
‘‘(B) conduct inspections and examinations; and
‘‘(C) issue a certificate of inspection required by
this part and other related documents.
‘‘(2) The Secretary may make a delegation under
paragraph (1) to a foreign classification society only—