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(10) SCIENTIFIC
COUNCIL.—The term ‘‘Sci-
entific Council’’ means the Scientific Council pro-
vided for by Articles II, VI, VII, VIII, IX, and X of
the Convention.
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce.
SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this title, including use for payment as the United States
contribution to the Organization as provided in Article
XVI of the Convention, $500,000 for each of the fiscal
years 1994, 1995, 1996, 1997, and 1998.
TITLE III—GOVERNING INTER-
NATIONAL FISHERY AGREE-
MENT
SEC. 301. AGREEMENT WITH LITHUANIA.
Notwithstanding section 203 of the Magnuson Fish-
ery Conservation and Management Act (16 U.S.C. 1823),
the governing international fishery agreement between the
Government of the United States of America and the gov-
ernment of the Republic of Lithuania, as contained in the
message to Congress from the President of the United
States dated July 18, 1994, is approved as a governing
international fishery agreement for the purposes of such
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Act and shall enter into force and effect with respect to
the United States on the date of enactment of this Act.
TITLE IV—ATLANTIC TUNAS
CONVENTION ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Atlantic Tunas
Convention Authorization Act of 1994’’.
SEC. 402. RESEARCH AND MONITORING ACTIVITIES.
(a) REPORT TO CONGRESS.—The Secretary of Com-
merce shall, within 90 days after the date of enactment
of this Act, submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate and the
Committee on Merchant Marine and Fisheries of the
House of Representatives—
(1) identifying current governmental and non-
governmental research and monitoring activities on
Atlantic bluefin tuna and other highly migratory
species;
(2) describing the personnel and budgetary re-
sources allocated to such activities; and
(3) explaining how each activity contributes to
the conservation and management of Atlantic bluefin
tuna and other highly migratory species.
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(b) RESEARCH AND MONITORING PROGRAM.—Sec-
tion 3 of the Act of September 4, 1980 (16 U.S.C. 971i)
is amended—
(1) by amending the section heading to read as
follows:
‘‘SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY
SPECIES.’’;
(2) by inserting ‘‘(a) BIENNIAL REPORT
ON
BLUEFIN TUNA.—’’ before ‘‘The Secretary of Com-
merce shall’’; and
(3) by adding at the end the following:
‘‘(b) HIGHLY MIGRATORY SPECIES RESEARCH AND
MONITORING.—
‘‘(1) Within 6 months after the date of enact-
ment of the Atlantic Tunas Convention Authoriza-
tion Act of 1994, the Secretary of Commerce, in co-
operation with the advisory committee established
under section 4 of the Atlantic Tunas Convention
Act of 1975 (16 U.S.C. 971b) and in consultation
with the United States Commissioners on the Inter-
national Commission for the Conservation of Atlan-
tic Tunas (referred to elsewhere in this section as
the ‘Commission’) and the Secretary of State, shall
develop and implement a comprehensive research
and monitoring program to support the conservation
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and management of Atlantic bluefin tuna and other
highly migratory species that shall—
‘‘(A) identify and define the range of
stocks of highly migratory species in the Atlan-
tic Ocean, including Atlantic bluefin tuna; and
‘‘(B) provide for appropriate participation
by nations which are members of the Commis-
sion.
‘‘(2) The program shall provide for, but not be
limited to—
‘‘(A) statistically designed cooperative tag-
ging studies;
‘‘(B) genetic and biochemical stock analy-
ses;
‘‘(C) population censuses carried out
through aerial surveys of fishing grounds;
‘‘(D) adequate observer coverage and port
sampling of commercial and recreational fishing
activity;
‘‘(E) collection of comparable real-time
data on commercial and recreational catches
and landings through the use of permits,
logbooks, landing reports for charter operations
and fishing tournaments, and programs to pro-
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vide reliable reporting of the catch by private
anglers;
‘‘(F) studies of the life history parameters
of Atlantic bluefin tuna and other highly migra-
tory species;
‘‘(G) integration of data from all sources
and the preparation of data bases to support
management decisions; and
‘‘(H) other research as necessary.
‘‘(3) In developing a program under this sec-
tion, the Secretary shall provide for comparable
monitoring of all United States fishermen to which
the Atlantic Tunas Convention Act applies with re-
spect to effort and species composition of catch and
discards. The Secretary through the Secretary of
State shall encourage other member nations to adopt
a similar program.’’.
SEC. 403. ADVISORY COMMITTEE PROCEDURES.
Section 4 of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971b) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘There’’; and
(2) by adding at the end the following:
‘‘(b)(1) A majority of the members of the advisory
committee shall constitute a quorum, but one or more such
members designated by the advisory committee may hold
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meetings to provide for public participation and to discuss
measures relating to the United States implementation of
Commission recommendations.
‘‘(2) The advisory committee shall elect a Chairman
for a 2-year term from among its members.
‘‘(3) The advisory committee shall meet at appro-
priate times and places at least twice a year, at the call
of the Chairman or upon the request of the majority of
its voting members, the United States Commissioners, the
Secretary, or the Secretary of State.
‘‘(4)(A) The Secretary shall provide to the advisory
committee in a timely manner such administrative and
technical support services as are necessary for the effective
functioning of the committee.
‘‘(B) The Secretary and the Secretary of State shall
furnish the advisory committee with relevant information
concerning fisheries and international fishery agreements.
‘‘(5) The advisory committee shall determine its orga-
nization, and prescribe its practices and procedures for
carrying out its functions under this Act, the Magnuson
Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.), and the Convention. The advisory commit-
tee shall publish and make available to the public a state-
ment of its organization, practices, and procedures.
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‘‘(6) The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the advisory committee.’’.
SEC. 404. REGULATIONS.
Section 6(c)(3) of the Atlantic Tunas Convention Act
of 1975 (16 U.S.C. 971d(c)(3)) is amended by adding ‘‘or
fishery mortality level’’ after ‘‘quota of fish’’ in the last
sentence.
SEC. 405. FINES AND PERMIT SANCTIONS.
Section 7(e) of the Atlantic Tunas Convention Act
of 1975 (16 U.S.C. 971(e)) is amended to read as follows:
‘‘(e) The civil penalty and permit sanctions of section
308 of the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1858) are hereby made applicable
to violations of this section as if they were violations of
section 307 of that Act.’’.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971h) is amended to read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 10. There are authorized to be appropriated
to carry out this Act, including use for payment of the
United States share of the joint expenses of the Commis-
sion as provided in Article X of the Convention, the follow-
ing sums:
‘‘(1) For fiscal year 1994, $2,750,000, of which
$50,000 are authorized in the aggregate for the ad-
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‘‘(1) details for the previous 10-year period the
catches and exports to the United States of highly
migratory species (including tunas, swordfish, marlin
and sharks) from nations fishing on Atlantic stocks
of such species that are subject to management by
the Commission;
‘‘(2) identifies those fishing nations whose har-
vests are inconsistent with conservation and manage-
ment recommendations of the Commission;
‘‘(3) describes reporting requirements estab-
lished by the Secretary to ensure that imported fish
products are in compliance with all international
management measures, including minimum size re-
quirements, established by the Commission and
other international fishery organizations to which
the United States is a party; and
‘‘(4) describes actions taken by the Secretary
under section 12.
‘‘CERTIFICATION
‘‘SEC. 12. (a) If the Secretary determines that vessels
of any nation are harvesting fish which are subject to reg-
ulation pursuant to a recommendation of the Commission
and which were taken from the convention area in a man-
ner or under circumstances which would tend to diminish
the effectiveness of the conservation recommendations of
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the Commission, the Secretary shall certify such fact to
the President.
‘‘(b) Such certification shall be deemed to be a certifi-
cation for the purposes of section 8 of the Fishermen’s
Protective Act (22 U.S.C. 1978).
‘‘(c) Upon certification under subsection (a), the Sec-
retary shall promulgate regulations under section 6(c)(4)
with respect to a nation so certified.’’.
SEC. 408. SENSE OF THE CONGRESS REGARDING CON-
SERVATION AND MANAGEMENT OF ATLANTIC
BLUEFIN TUNA.
(a) FINDING.—The Congress finds the following:
(1) Atlantic bluefin tuna are a valuable com-
mercial and recreational fishery of the United
States.
(2) Many other countries also harvest Atlantic
bluefin tuna in the Atlantic Ocean and the Medi-
terranean Sea.
(3) The International Commission for the Con-
servation of Atlantic Tunas (hereinafter in this sec-
tion referred to as the ‘‘Commission’’), was estab-
lished in 1969 to develop conservation and manage-
ment recommendations for Atlantic bluefin tuna and
other highly migratory species in the Atlantic Ocean
and the Mediterranean Sea.
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(4) The Commission adopted conservation and
management recommendations in 1974 to ensure the
recovery and sustainability of Atlantic bluefin tuna
throughout the Atlantic Ocean and the Mediterra-
nean Sea.
(5) In 1981, the Commission adopted a man-
agement strategy for Atlantic bluefin tuna predi-
cated on a hypothesis that 2 stocks of the fish ex-
isted: a western stock found in the Atlantic west of
45 degrees west longitude (hereinafter in this section
referred to as the ‘‘45 degree line’’), and an eastern
stock found in the Atlantic Ocean east of the 45 de-
gree line and in the Mediterranean Sea.
(6) Since 1981, the Commission has adopted
additional, more restrictive conservation and man-
agement recommendations for Atlantic bluefin tuna
for countries that harvest bluefin tuna west of the
45 degree line, including a 25 percent quota reduc-
tion since 1991 with an additional 40 percent quota
reduction scheduled for 1995.
(7) The United States and other Commission
members that harvest bluefin tuna west of the 45
degree line have implemented all conservation and
management recommendations adopted by the
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Commission for Atlantic bluefin tuna west of the 45
degree line.
(8) Many other Commission members do not
comply with the conservation and management rec-
ommendations adopted by the Commission for At-
lantic bluefin tuna east of the 45 degree line.
(9) A recent National Academy of Sciences re-
view of the scientific data used by the Commission
concluded that the available data is consistent with
a 1-stock management strategy for bluefin tuna in
the North Atlantic.
(10) The National Academy of Sciences review
also found that abundance of Atlantic bluefin tuna
in the western Atlantic has remained stable since
1988, in contrast to the roughly 50 percent decline
in abundance reported by the Commission.
(11) The continued unrestricted harvesting of
Atlantic bluefin tuna east of the 45 degree line and
in the Mediterranean Sea will undermine the con-
servation recommendations being implemented west
of the line to rebuild Atlantic bluefin tuna.
(12) In order to successfully rebuild the Atlan-
tic bluefin tuna stock, conservation and management
recommendations must be adopted and implemented
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throughout the Atlantic Ocean and the Mediterra-
nean Sea.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that—
(1) the United States and the Commission
should continue to promote the conservation and
management of Atlantic bluefin tuna throughout the
Atlantic Ocean and Mediterranean Sea and develop
a program to rebuild Atlantic bluefin tuna that re-
quires the participation of all nations that harvest
this species;
(2) the United States should ensure that the
scientific findings and recommendations of the Na-
tional Academy of Sciences Atlantic bluefin tuna re-
view panel are made available to and included in the
considerations of the Commission’s scientific advi-
sory panel;
(3) the United States should oppose any further
quota reductions for nations harvesting Atlantic
bluefin tuna west of the 45 degree line and insist
that all nations harvesting Atlantic bluefin tuna west
and east of the 45 degree line implement comparable
conservation and rebuilding programs for the Atlan-
tic bluefin tuna resource;
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(4) the continued harvesting by fishermen from
any country which is a member of the Commission
and which does not comply with the conservation
and management recommendations of the Commis-
sion will be considered by the Congress to diminish
the effectiveness of an international fishery con-
servation program and, as such, will be considered
by the Congress to be subject to the embargo provi-
sion in section 6 of the Atlantic Tunas Convention
Act;
(5) the United States should encourage other
nations with significant markets for Atlantic bluefin
tuna to prohibit the importation of that species from
harvesting nations which do not comply with the
conservation and management recommendations
adopted by the Commission; and
(6) the United States should encourage the
Commission to adopt recommendations encouraging
the use of trade actions by member nations as en-
forcement measures when the actions of a nation are
undermining the effectiveness of conservation and
management recommendations of the Commission.
•HR 4852 EH1S
TITLE V—FISHERMEN’S
PROTECTIVE ACT
SEC. 501. FINDINGS.
The Congress finds that—
(1) customary international law and the United
Nations Convention on the Law of the Sea guaran-
tee the right of passage, including innocent passage,
to vessels through the waters commonly referred to
as the ‘‘Inside Passage’’ off the Pacific Coast of
Canada;
(2) Canada recently required all commercial
fishing vessels of the United States to pay 1,500 Ca-
nadian dollars to obtain a ‘‘license which authorizes
transit’’ through the Inside Passage;
(3) this action was inconsistent with inter-
national law, including the United Nations Conven-
tion on the Law of the Sea, and, in particular, Arti-
cle 26 of that Convention, which specifically pro-
hibits such fees, and threatened the safety of United
States commercial fishermen who sought to avoid
the fee by traveling in less protected waters;
(4) the Fishermen’s Protective Act of 1967 pro-
vides for the reimbursement of vessel owners who
are forced to pay a license fee to secure the release
of a vessel which has been seized, but does not per-
•HR 4852 EH1S
mit reimbursement of a fee paid by the owner in ad-
vance in order to prevent a seizure;
(5) Canada required that the license fee be paid
in person in 2 ports on the Pacific Coast of Canada,
or in advance by mail;
(6) significant expense and delay was incurred
by commercial fishing vessels of the United States
that had to travel from the point of seizure back to
one of those ports in order to pay the license fee re-
quired by Canada, and the costs of that travel and
delay can not be reimbursed under the Fishermen’s
Protective Act;
(7) the Fishermen’s Protective Act of 1967
should be amended to permit vessel owners to be re-
imbursed for fees required by a foreign government
to be paid in advance in order to navigate in the wa-
ters of that foreign country if the United States con-
siders that fee to be inconsistent with international
law;
(8) the Secretary of State should seek to re-
cover from Canada any amounts paid by the United
States to reimburse vessel owners who paid the tran-
sit license fee;
(9) the United States should review its current
policy with respect to anchorage by commercial fish-
•HR 4852 EH1S
ing vessels of Canada in waters of the United States
off Alaska, including waters in and near the Dixon
Entrance, and should accord such vessels the same
treatment that commercial fishing vessels of the
United States are accorded for anchorage in the wa-
ters of Canada off British Columbia;
(10) the President should ensure that, consist-
ent with international law, the United States Coast
Guard has available adequate resources in the Pa-
cific Northwest and Alaska to provide for the safety
of United States citizens, the enforcement of United
States law, and to protect the rights of the United
States and keep the peace among vessels operating
in disputed waters;
(11) the President should continue to review all
agreements between the United States and Canada
to identify other actions that may be taken to con-
vince Canada that any reinstatement of the transit
license fee would be against Canada’s long-term in-
terests, and should immediately implement any ac-
tions which the President deems appropriate if Can-
ada reinstates the fee;
(12) the President should continue to convey to
Canada in the strongest terms that the United
States will not now, nor at any time in the future,
•HR 4852 EH1S
tolerate any action by Canada which would impede
or otherwise restrict the right of passage of vessels
of the United States in a manner inconsistent with
international law; and
(13) the United States should redouble its ef-
forts to seek expeditious agreement with Canada on
appropriate fishery conservation and management
measures that can be implemented through the
Pacific Salmon Treaty to address issues of mutual
concern.
SEC. 502. AMENDMENT TO THE FISHERMEN’S PROTECTIVE
ACT OF 1967.
(a) The Fishermen’s Protective Act of 1967 (22
U.S.C. 1971 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 11. (a) In any case on or after June 15, 1994,
in which a vessel of the United States exercising its right
of passage is charged a fee by the government of a foreign
country to engage in transit passage between points in the
United States (including a point in the exclusive economic
zone or in an area over which jurisdiction is in dispute),
and such fee is regarded by the United States as being
inconsistent with international law, the Secretary of State
shall reimburse the vessel owner for the amount of any
such fee paid under protest.
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‘‘(b) In seeking such reimbursement, the vessel owner
shall provide, together with such other information as the
Secretary of State may require—
‘‘(1) a copy of the receipt for payment;
‘‘(2) an affidavit attesting that the owner or the
owner’s agent paid the fee under protest; and
‘‘(3) a copy of the vessel’s certificate of docu-
mentation.
‘‘(c) Requests for reimbursement shall be made to the
Secretary of State within 120 days after the date of pay-
ment of the fee, or within 90 days after the date of enact-
ment of this section, whichever is later.
‘‘(d) Such funds as may be necessary to meet the re-
quirements of this section may be made available from the
unobligated balances of previously appropriated funds re-
maining in the Fishermen’s Guaranty Fund established
under section 7 and the Fishermen’s Protective Fund es-
tablished under section 9. To the extent that requests for
reimbursement under this section exceed such funds, there
are authorized to be appropriated such sums as may be
needed for reimbursements authorized under subsection
(a).
‘‘(e) The Secretary of State shall take such action
as the Secretary deems appropriate to make and collect
•HR 4852 EH1S
claims against the foreign country imposing such fee for
any amounts reimbursed under this section.
‘‘(f) For purposes of this section, the term ‘owner’
includes any charterer of a vessel of the United States.
‘‘(g) This section shall remain in effect until October
1, 1995.’’.
(b) The Fishermen’s Protective Act of 1967 (22
U.S.C. 1971 et seq.) is further amended by adding at the
end the following:
‘‘SEC. 12. (a) If the Secretary of State finds that the
government of any nation imposes conditions on the oper-
ation or transit of United States fishing vessels which the
United States regards as being inconsistent with inter-
national law or an international agreement, the Secretary
of State shall certify that fact to the President.
‘‘(b) Upon receipt of a certification under subsection
(a), the President shall direct the heads of Federal agen-
cies to impose similar conditions on the operation or tran-
sit of fishing vessels registered under the laws of the na-
tion which has imposed conditions on United States fish-
ing vessels.
‘‘(c) For the purposes of this section, the term ‘fish-
ing vessel’ has the meaning given that term in section
2101(11a) of title 46, United States Code.
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‘‘(d) It is the sense of the Congress that any action
taken by any Federal agency under subsection (b) should
be commensurate with any conditions certified by the Sec-
retary of State under subsection (a).’’.
SEC. 503. REAUTHORIZATION.
(a) Section 7(c) of the Fishermen’s Protective Act of
1967 (22 U.S.C. 1977(c)) is amended by striking the third
sentence.
(b) Section 7(e) of the Fishermen’s Protective Act of
1967 (22 U.S.C. 1977(e)) is amended by striking ‘‘Octo-
ber 1, 1993’’ and inserting ‘‘October 1, 2000’’.
SEC. 504. TECHNICAL CORRECTIONS.
(a)(1) Section 15(a) of Public Law 103–238 is
amended by striking ‘‘April 1, 1994,’’ and inserting ‘‘May
1, 1994.’’.
(2) The amendment made by paragraph (1) shall be
effective on and after April 30, 1994.
(b) Section 803(13)(C) of Public Law 102–567 (16
U.S.C. 5002(13)(C)) is amended to read as follows:
‘‘(C) any vessel supporting a vessel de-
scribed in subparagraph (A) or (B).’’.
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TITLE VI—FISHERIES ENFORCE-
MENT IN CENTRAL SEA OF
OKHOTSK
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Sea of Okhotsk Fish-
eries Enforcement Act of 1994’’.
SEC. 602. FISHING PROHIBITION.
The Central Bering Sea Fisheries Enforcement Act
of 1992 (16 U.S.C. 1823 note) is amended—
(1) in section 302, by inserting ‘‘and the
Central Sea of Okhotsk’’ after ‘‘Central Bering
Sea’’; and
(2) in section 306—
(A) by redesignating paragraphs (2), (3),
(4), (5), and (6) in order as paragraphs (3),
(4), (5), (6), and (7); and
(B) by inserting after paragraph (1) the
following:
‘‘(2) CENTRAL SEA OF OKHOTSK.—The term
‘Central Sea of Okhotsk’ means the central Sea of
Okhotsk area which is more than two hundred nau-
tical miles seaward of the baseline from which the
breadth of the territorial sea of the Russian Federa-
tion is measured.’’.
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TITLE VII—COAST GUARD
AUTHORIZATIONS
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for nec-
essary expenses of the Coast Guard for fiscal year 1995,
as follows:
(1) For the operation and maintenance of the
Coast Guard, $2,630,505,000, 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, $439,200,000, 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-
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fense readiness, $20,310,000, to remain available
until expended, of which—
(A) $3,150,000 shall be derived from the
Oil Spill Liability Trust Fund; and
(B) $1,500,000 is authorized to conduct,
in cooperation with appropriate Federal and
State agencies, local maritime education organi-
zations, and local marine industry representa-
tives, a demonstration project on the lower Mis-
sissippi River and in the Houston Ship Channel
to study the effectiveness of currently available
Electronic Chart Display and Information Sys-
tems (ECDIS) and Electronic Chart Systems
(ECS) for use on commercial vessels.
(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, $562,585,000.
(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-
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teration Program, $13,000,000, to remain available
until expended.
(6) For environmental compliance and restora-
tion at Coast Guard facilities, $25,000,000, to re-
main available until expended.
SEC. 702. 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 39,000 as of September 30, 1995. The authorized
strength does not include members of the Ready Reserve
called to active duty for special or emergency augmenta-
tion of regular Coast Guard forces for periods of 180 days
or less.
(b) MILITARY TRAINING STUDENT LOADS.—For fis-
cal year 1995, the Coast Guard is authorized average mili-
tary training student loads as follows:
(1) For recruit and special training, 2,000 stu-
dent years.
(2) For flight training, 133 student years.
(3) For professional training in military and ci-
vilian institutions, 344 student years.
(4) For officer acquisition, 955 student years.
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SEC. 703. DRUG INTERDICTION ACTIVITIES.
In addition to amounts otherwise authorized by this
Act, there are authorized to be appropriated to the Sec-
retary of Transportation for operation and maintenance
expenses of Coast Guard drug interdiction activities
$21,000,000 for fiscal year 1995.
TITLE VIII—COAST GUARD PER-
SONNEL 
MANAGEMENT 
IM-
PROVEMENT
SEC. 801. 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 such personnel.
SEC. 802. DISSEMINATION OF RESULTS OF 0–6 CONTINU-
ATION BOARDS.
Section 289(f) of title 14, United States Code, is
amended by striking ‘‘Upon approval by the President, the
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names of the officers selected for continuation on active
duty by the board shall be promptly disseminated to the
service at large.’’.
SEC. 803. 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. 804. PROVISION OF CHILD DEVELOPMENT SERVICES.
(a) IN GENERAL.—Title 14, United States Code, is
amended by inserting after section 514 the following new
section:
‘‘§ 515. Child development services
‘‘(a) The Commandant may make child development
services available for members and civilian employees of
the Coast Guard, and thereafter as space is available for
members of the Armed Forces and Federal civilian em-
ployees. Child development services benefits provided
under this section shall be in addition to benefits provided
under other laws.
‘‘(b)(1) Except as provided in paragraph (2), the
Commandant may require that amounts received as fees
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ment services providers. The cost per child to the Coast
Guard of obtaining those services may not exceed the aver-
age of the cost per child incurred by the Coast Guard for
child development services provided at all Coast Guard
child development centers.
‘‘(e)(1) Of the amounts available to the Coast Guard
each fiscal year for operating expenses (and in addition
to amounts received as fees), the Secretary shall use for
child development services under this section an amount
equal to the total amount the Commandant estimates will
be received by the Coast Guard in the fiscal year as fees
for the provision of those services.
‘‘(2) The amount of funds used under paragraph (1)
each fiscal year shall not exceed $1,000,000.
‘‘(f) For purposes of this section, the term ‘Coast
Guard child development center’ does not include a child
care services facility for which space is allotted under sec-
tion 616 of the Act of December 22, 1987 (40 U.S.C.
490b).
‘‘(g) The Secretary shall promulgate regulations to
implement this section. The regulations shall establish fees
to be charged for child development services provided
under this section which are based on total family in-
come.’’.
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(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 13 of title 14, United States
Code, is amended by inserting after the item related to
section 514 the following:
‘‘515. Child development services.’’.
TITLE IX—NAVIGATION SAFETY
AND 
WATERWAY 
SERVICES
MANAGEMENT
SEC. 901. FOREIGN PASSENGER VESSEL USER FEES.
Section 3303 of title 46, United States Code, is
amended—
(1) in subsection (a) by striking ‘‘(a) Except
as’’ and inserting ‘‘Except as’’; and
(2) by striking subsection (b).
SEC. 902. DOCUMENTATION VIOLATIONS.
(a) CIVIL PENALTIES.—Section 12122(a) of title 46,
United States Code, is amended by striking ‘‘$500’’ and
inserting ‘‘$25,000’’.
(b) SEIZURE AND FORFEITURE.—
(1) IN GENERAL.—Section 12122(b) of title 46,
United States Code, is amended to read as follows:
‘‘(b) A vessel and its equipment are liable to seizure
by and forfeiture to the United States Government, if—
‘‘(1) the owner of the vessel or a representative
or agent of the owner knowingly falsifies or conceals
a material fact, or makes a false statement or rep-
•HR 4852 EH1S
resentation about the documentation or in applying
for documentation of the vessel;
‘‘(2) a certificate of documentation is knowingly
and fraudulently used for the vessel;
‘‘(3) the vessel is operated after its endorsement
has been denied or revoked under section 12123 of
this title;
‘‘(4) the vessel is employed in a trade without
an appropriate trade endorsement; or
‘‘(5) in the case of a documented vessel with
only a recreational endorsement, the vessel is oper-
ated other than for pleasure.’’.
(2) 
CONFORMING
AMENDMENT.—Section
12122(c) of title 46, United States Code, is re-
pealed.
(c) LIMITATION ON OPERATION OF VESSEL WITH
ONLY RECREATIONAL ENDORSEMENT.—Section 12110(c)
of title 46, United States Code, is repealed.
(d) TERMINATION OF RESTRICTION ON COMMAND OF
RECREATIONAL VESSELS.—
(1) TERMINATION
OF
RESTRICTION.—Sub-
section (d) of section 12110 of title 46, United
States Code, is amended—
(A) by inserting ‘‘, other than a vessel with
only a recreational endorsement operating with-
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in the territorial waters of the United States,’’
after ‘‘A documented vessel’’; and
(B) by redesignating that subsection as
subsection (c).
(2) 
CONFORMING
AMENDMENT.—Section
12111(a)(2) of title 46, United States Code, is
amended by inserting before the period the follow-
ing: ‘‘in violation of section 12110(c) of this title’’.
SEC. 903. CLERICAL AMENDMENT.
Chapter 121 of title 46, United States Code, is
amended—
(1) by striking the first section 12123; and
(2) in the table of sections at the beginning of
the chapter by striking the first item relating to sec-
tion 12123.
SEC. 904. 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,
1999.’’; and
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(2) in section 19 by adding at the end the
following:
‘‘(g) The Committee shall terminate on October 1,
1999.’’.
TITLE X—MISCELLANEOUS
PROVISIONS
SEC. 1001. 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
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service, unless earlier removed under another provi-
sion of law; or
‘‘(C) if eligible for retirement under any law, be
retired.’’.
SEC. 1002. CONTINUING OBLIGATION TO PROVIDE DOCU-
MENTATION INFORMATION AT EXISTING LO-
CATIONS.
The Secretary of Transportation shall, until October
1, 1999, maintain an ability, at Coast Guard offices that
are located in the immediate vicinity of former regional
vessel documentation offices, to assist the public with in-
formation on obtaining, altering, and renewing the docu-
mentation of a vessel and on vessel documentation laws
and regulations generally.
SEC. 1003. CONTINUATION OF THE 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, 1999’’.
SEC. 1004. PROHIBITION ON STATION CLOSURES.
(a) PROHIBITION.—The Secretary of Transportation
may not close or consolidate any multimission small boat
station in fiscal year 1995 until the Secretary has submit-
ted a list of proposed station closures to the Committee
on Merchant Marine and Fisheries of the House of Rep-
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resentatives and to the Committee on Commerce, Science,
and Transportation of the Senate.
(b) DEADLINE
FOR SUBMISSION.—The Secretary
shall submit such list at least 60 days prior to any such
closure or consolidation.
SEC. 1005. RENEWAL OF THE NAVIGATION SAFETY ADVI-
SORY COUNCIL.
Section 5 of the Inland Navigational Rules Act of
1980 (33 U.S.C. 2073) is amended in subsection (d) by
striking ‘‘September 30, 1995’’ and inserting ‘‘September
30, 2000’’.
SEC. 1006. COAST GUARD RESERVE PEACETIME REQUIRE-
MENTS PLAN.
No later than February 1, 1995, the Secretary of
Transportation shall submit to the Committee on Mer-
chant Marine and Fisheries of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate a plan to more fully utilize
the Coast Guard Selected Reserve to augment peacetime
operations. As part of the plan, the Secretary shall
include—
(1) methods to deliver more cost-effective Coast
Guard services by supplementing active duty person-
nel with Coast Guard reservists while preserving the
current level of service to the public;
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(2) methods to more fully integrate the Coast
Guard Reserve in peacetime Coast Guard programs,
including, but not limited to, search and rescue, ma-
rine safety, and marine environmental protection;
(3) the most effective command structure for
the Coast Guard Reserve; and
(4) a specific estimate of the number of reserv-
ists needed to augment peacetime Coast Guard mis-
sions under the plan.
SEC. 1007. PROHIBITION ON OVERHAUL, REPAIR, AND
MAINTENANCE OF COAST GUARD VESSELS IN
FOREIGN SHIPYARDS.
(a) PROHIBITION.—Chapter 5 of title 14, United
States Code, is amended by adding at the end the
following:
‘‘§ 96. Prohibition on overhaul, repair, and mainte-
nance of Coast Guard vessels in foreign
shipyards
‘‘A Coast Guard vessel may not be overhauled, re-
paired, or maintained in any shipyard located outside the
United States, except that this section does not apply to
emergency repairs.’’.
(b) CLERICAL
AMENDMENT.—Title 14, United
States Code, is amended in the analysis at the beginning
of chapter 5 by adding at the end the following:
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‘‘96. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels
in foreign shipyards.’’.
SEC. 1008. 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. 1009. SENSE OF THE CONGRESS REGARDING FUNDING
FOR COAST GUARD.
It is the sense of the Congress that in appropriating
amounts for the Coast Guard, the Congress should appro-
priate amounts adequate to enable the Coast Guard to
carry out all extraordinary functions and duties the Coast
Guard is required to undertake in addition to its normal
functions established by law.
SEC. 1010. CONTRACTS FOR HEALTH CARE SERVICES.
(a) Chapter 17 of title 14, United States Code, is
amended by inserting after section 644 the following new
section:
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‘‘§ 644a. Contracts for health care services
‘‘(a) Subject to the availability of appropriations for
this purpose, the Commandant may enter into personal
services and other contracts to carry out health care re-
sponsibilities pursuant to section 93 of this title and other
applicable provisions of law pertaining to the provision of
health care services to Coast Guard personnel and covered
beneficiaries. The authority provided in this subsection is
in addition to any other contract authorities of the Com-
mandant provided by law or as delegated to the Com-
mandant from time to time by the Secretary, including
but not limited to authority relating to the management
of health care facilities and furnishing of health care serv-
ices pursuant to title 10 and this title.
‘‘(b) The total amount of compensation paid to an
individual in any year under a personal services contract
entered into under subsection (a) shall not exceed the
amount of annual compensation (excluding allowances for
expenses) allowable for such contracts entered into by the
Secretary of Defense pursuant to section 1091 of title 10.
‘‘(c)(1) The Secretary shall promulgate regulations to
assure—
‘‘(A) the provision of adequate notice of con-
tract opportunities to individuals residing in the area
of a medical treatment facility involved; and
•HR 4852 EH1S
‘‘(B) consideration of interested individuals
solely on the basis of the qualifications established
for the contract and the proposed contract price.
‘‘(2) Upon establishment of the procedures under
paragraph (1), the Secretary may exempt personal serv-
ices contracts covered by this section from the competitive
contracting requirements specified in section 2304 of title
10, or any other similar requirements of law.
‘‘(d) The procedures and exemptions provided under
subsection (c) shall not apply to personal services con-
tracts entered into under subsection (a) with entities other
than individuals or to any contract that is not an author-
ized personal services contract under subsection (a).’’.
(b) The table of sections for chapter 17 of title 14,
United States Code, is amended by inserting after the
item relating to section 644 the following:
‘‘644a. Contracts for health care services.’’.
(c) The amendments made by this section shall take
effect on October 1, 1994. Any personal services contract
entered into on behalf of the Coast Guard in reliance upon
the authority of section 1091 of title 10, United States
Code, before that date is confirmed and ratified and shall
remain in effect in accordance with the terms of the con-
tract.
•HR 4852 EH1S
SEC. 1011. VESSEL FINANCING.
(a) ELIMINATION OF MORTGAGEE RESTRICTIONS.—
Section 31322(a) of title 46, United States Code, is
amended to read as follows:
‘‘(a) A preferred mortgage is a mortgage, whenever
made, that—
‘‘(1) includes the whole of the vessel;
‘‘(2) is filed in substantial compliance with sec-
tion 31321 of this title; and
‘‘(3)(A) covers a documented vessel; or
‘‘(B) covers a vessel for which an application
for documentation is filed that is in substantial com-
pliance with the requirements of chapter 121 of this
title and the regulations prescribed under that chap-
ter.’’.
(b) ELIMINATION OF TRUSTEE RESTRICTIONS.—
(1) REPEAL.—Section 31328 of title 46, United
States Code, is repealed.
(2) 
CONFORMING
AMENDMENT.—Section
31330(b) of title 46, United States Code, is amend-
ed in paragraphs (1), (2), and (3) by striking
‘‘31328 or’’ each place it appears.
(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)—
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(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) Public Law 74–835 (49 Stat. 1985 et seq.) is
amended in section 615 by striking ‘‘, until September 30,
1983,’’; by inserting ‘‘use’’ after ‘‘this title to’’; by striking
‘‘tons’’ and inserting ‘‘regulatory tons built’’; and by re-
pealing subsection (b).
(e) LEASE FINANCING.—Section 12106 of title 46,
United States Code, is amended by adding at the end the
following new subsections:
•HR 4852 EH1S
‘‘(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, or any
other person that owns or controls the person that
owns the vessel, is primarily engaged in leasing or
other financing transactions;
‘‘(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-
•HR 4852 EH1S
ping Act, 1916, and section 12102(a), a vessel meeting
the criteria of subsection (d) or (e) is deemed to be owned
exclusively by citizens of the United States.’’.
SEC. 1012. REPEAL OF GREAT LAKES ENDORSEMENTS.
(a) REPEAL.—Section 12107 of title 46, United
States Code, is repealed.
(b) CONFORMING AMENDMENTS.—
(1) The analysis at the beginning of chapter
121 of title 46, United States Code, is amended by
striking the item relating to section 12107.
(2) Section 12101(b)(3) of title 46, United
States Code, is repealed.
(3) Section 4370(a) of the Revised Statutes of
the United States (46 App. U.S.C. 316(a)) is
amended by striking ‘‘or 12107’’.
(4) Section 2793 of the Revised Statutes of the
United States (46 App. U.S.C. 111, 123; 19 U.S.C.
288) is amended by striking ‘‘coastwise, Great
Lakes’’ and inserting ‘‘registry’’.
(5) Section 441(6) of the Tariff Act of 1930
(19 U.S.C. 1441) is amended by striking ‘‘with a
Great Lakes endorsement when towing vessels’’ and
inserting ‘‘when towing vessels on the Great Lakes
or their tributary or connecting waters’’.
•HR 4852 EH1S
(6) Public Law 74–835 (49 Stat. 1985 et seq.)
is amended in section 805(a) by striking ‘‘1935’’
each place it appears and inserting ‘‘1993’’; and by
repealing sections 605(c) and 610.
TITLE XI—RECREATIONAL
BOATING SAFETY
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Recreational Boating
Safety Improvement Act of 1994’’.
SEC. 1102. PERSONAL FLOTATION DEVICES REQUIRED FOR
CHILDREN.
(a) PROHIBITION.—Section 4307(a) of title 46,
United States Code, is amended—
(1) in paragraph (2) by striking ‘‘or’’ after the
semicolon at the end;
(2) in paragraph (3) by striking the period and
inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(4) operate a recreational vessel under 26 feet
in length unless each individual 6 years of age or
younger wears a Coast Guard approved personal flo-
tation device when the individual is on an open deck
of the vessel.’’.
•HR 4852 EH1S
(b) STATE AUTHORITY PRESERVED.—Section 4307
of title 46, United States Code, is further amended by
adding at the end the following:
‘‘(c) Subsection (a)(4) shall not be construed to limit
the authority of a State to establish requirements relating
to the wearing of personal flotation devices on recreational
vessels that are more stringent than that subsection.’’.
SEC. 1103. ALLOCATION OF FUNDS BASED ON STATE ADOP-
TION OF LAWS REGARDING BOATING WHILE
INTOXICATED.
Section 13103 of title 46, United States Code, is
amended—
(1) by redesignating subsections (a), (b), and
(c) in order as subsections (b), (c), and (d);
(2) by inserting before subsection (b) (as so re-
designated) the following new subsection:
‘‘(a)(1) Beginning in fiscal year 1998, of the amounts
transferred to the Secretary each fiscal year pursuant to
section 4(b) of the Act of August 9, 1950 (16 U.S.C.
777c(b)), the Secretary shall allocate for State rec-
reational boating safety programs $10,000,000 as follows:
‘‘(A) One-half shall be allocated in accordance
with paragraph (2) among eligible States that—
•HR 4852 EH1S
‘‘(i) prohibit operation of a recreational
vessel by an individual who is under the influ-
ence of alcohol or drugs; and
‘‘(ii) establish a blood alcohol concentration
limit of .10 percent or less.
‘‘(B) One-half shall be allocated in accordance
with paragraph (2) among eligible States that—
‘‘(i) prohibit operation of a recreational
vessel by an individual who is under the influ-
ence of alcohol or drugs; and
‘‘(ii) establish an implied consent require-
ment that specifies that an individual is deemed
to have given their consent to evidentiary test-
ing for their blood alcohol concentration or
presence of other intoxicating substances.
‘‘(2) Of the amount allocated under subparagraph
(A) or (B) of paragraph (1) each fiscal year—
‘‘(A) one-half shall be allocated equally among
all eligible States receiving an allocation under that
subparagraph for the fiscal year; and
‘‘(B) one-half shall be allocated among those el-
igible States so that each such State receives an
amount bearing the same ratio to the total amount
allocated under that subparagraph for the fiscal year
as the number of vessels numbered in that State
•HR 4852 EH1S
under a system approved under chapter 123 of this
title bears to the total number of vessels numbered
under approved systems of all States receiving an al-
location under that subparagraph for the fiscal
year.’’;
(3) in subsection (b) (as so redesignated) in the
matter preceding paragraph (1) by inserting ‘‘the
balance of remaining’’ after ‘‘allocate’’; and
(4) by adding at the end the following new sub-
section:
‘‘(e) A State shall not be ineligible for an allocation
under subsection (a) because of the adoption by the State
of any requirement relating to the operation of a rec-
reational vessel while under the influence of alcohol or
drugs that is more stringent than the requirements for
receiving the allocation.’’.
SEC. 1104. MARINE CASUALTY REPORTING.
(a) SUBMISSION OF PLAN.—Not later than one year
after enactment of this Act, the Secretary of Transpor-
tation shall, in consultation with appropriate State agen-
cies, submit to the Committee on Merchant Marine and
Fisheries of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate a plan to increase reporting of vessel accidents to
appropriate State law enforcement officials.
•HR 4852 EH1S
(b) PENALTIES
FOR VIOLATING REPORTING RE-
QUIREMENTS.—Section 6103(a) of title 46, United States
Code, is amended by inserting ‘‘or 6102’’ after ‘‘6101’’
the second place it appears.
SEC. 
1105. 
REQUIRING 
VIOLATORS 
TO 
TAKE 
REC-
REATIONAL BOATING SAFETY COURSE.
(a) NEGLIGENT OPERATION.—Section 2302 of title
46, United States Code, is amended by adding at the end
the following:
‘‘(e) An individual operating a recreational vessel in
violation of this section shall complete a boating safety
course approved by the Secretary.’’.
(b) OTHER VIOLATIONS.—Section 4311 of title 46,
United States Code, is amended by adding at the end the
following:
‘‘(h) A person who operates a recreational vessel in
violation of this chapter or a regulation prescribed under
this chapter may be ordered to complete a recreational
boating safety course approved by the Secretary.’’.
SEC. 1106. TECHNICAL CORRECTIONS.
Section 13108(a)(1) of title 46, United States Code,
is amended by—
(1) striking ‘‘proceeding’’ and inserting ‘‘pre-
ceding’’; and
•HR 4852 EH1S
(2) striking ‘‘Secertary’’ and inserting ‘‘Sec-
retary’’.
TITLE XII—COAST GUARD
REGULATORY REFORM
SEC. 1201. SHORT TITLE.
This title may be cited as the ‘‘Coast Guard Regu-
latory Reform Act of 1994’’.
SEC. 1202. 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—
•HR 4852 EH1S
‘‘(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
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‘‘(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
policy;
•HR 4852 EH1S
‘‘(2) instructions and procedures to ensure safe
operation of those vessels and protection of the envi-
ronment in compliance with international and
United 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.
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‘‘(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
•HR 4852 EH1S
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 the department
in which the Coast Guard is operating shall conduct,
in cooperation with the owners, charterers, and man-
aging operators of vessels documented under chapter
121 of title 46, United States Code, and other inter-
ested 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.
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SEC. 1203. 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. 1204. EQUIPMENT APPROVAL.
(a) IN GENERAL.—Section 3306(b) of title 46,
United 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.
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‘‘(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
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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. 1205. 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’’.
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(b) CONFORMING AMENDMENT.—Section 3710(b) of
title 46, United States Code, is amended by striking ‘‘24
months’’ and inserting ‘‘5 years’’.
SEC. 1206. CERTIFICATE OF INSPECTION.
Section 3309(c) of title 46, United States Code, is
amended by striking ‘‘(but not more than 60 days)’’.
SEC. 1207. 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—
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‘‘(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—
‘‘(A) to the extent that the government of the
foreign country in which the society is headquartered
delegates authority and provides access to the Amer-
ican Bureau of Shipping to inspect, certify, and pro-
vide related services to vessels documented in that
country; and
‘‘(B) if the foreign classification society has of-
fices and maintains records in the United States.’’.
(b) CONFORMING AMENDMENTS.—(1) The heading
for section 3316 of title 46, United States Code, is amend-
ed to read as follows:
‘‘§ 3316. Classification societies’’.
(2) The table of sections for chapter 33 of title 46,
United States Code, is amended by striking the item relat-
ing to section 3316 and inserting the following:
‘‘3316. Classification societies.’’.
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SEC. 1208. STUDY OF MARINE CASUALTY REPORTING RE-
QUIREMENTS.
The Coast Guard shall, within 9 months after the ef-
fective date of this title, conduct a study of current regu-
latory requirements regarding the reporting of marine cas-
ualties under section 6101 of title 46, United States Code,
to determine whether—
(1) marine casualties should be classified ac-
cording to the seriousness of nonfatal casualties;
(2) further regulations pertaining to the neces-
sity for alcohol and drug testing for each classifica-
tion need to be proposed;
(3) the regulations may exclude certain non-se-
rious casualties from the requirement that drug or
alcohol testing be performed; and
(4) the reporting of certain marine casualties
that may be classified as minor may be done on a
quarterly basis.
TITLE XIII—UNITED STATES
CRUISE VESSEL DEVELOPMENT
SEC. 1301. SHORT TITLE.
This title may be cited as the ‘‘United States Cruise
Vessel Development Act’’.
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SEC. 1302. PURPOSE.
The purpose of this title is to promote construction
and operation of United States flag cruise vessels in the
United States.
SEC. 1303. COASTWISE TRANSPORTATION OF PASSENGERS.
Section 8 of the Act entitled ‘‘An Act to abolish cer-
tain fees for official services to American vessels, and to
amend the laws relating to shipping commissioners, sea-
men, and owners of vessels, and for other purposes’’, ap-
proved June 19, 1886 (46 App. U.S.C. 289), is amended
to read as follows:
‘‘SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.
‘‘(a) IN GENERAL.—Except as otherwise provided by
law, a vessel may transport passengers in coastwise trade
only if—
‘‘(1) the vessel is owned by a person that is—
‘‘(A) an individual who is a citizen of the
United States; or
‘‘(B) a corporation, partnership, or asso-
ciation that is a citizen of the United States
under section 2(a) of the Shipping Act, 1916;
‘‘(2) the vessel meets the requirements of sec-
tion 27 of the Merchant Marine Act, 1920; and
‘‘(3) for a vessel that is at least 5 net tons, the
vessel is issued a certificate of documentation under
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chapter 121 of title 46, United States Code, with a
coastwise endorsement.
‘‘(b) EXCEPTION
FOR
VESSEL
UNDER
DEMISE
CHARTER.—
‘‘(1) IN GENERAL.—Subsection (a)(1) does not
apply to a cruise vessel operating under a demise
charter that—
‘‘(A) has a term of at least 18 months; and
‘‘(B) is to a person described in subsection
(a)(1).
‘‘(2) EXTENSION
OF
PERIOD
FOR
OPER-
ATION.—A cruise vessel authorized to operate in
coastwise trade under paragraph (1) based on a de-
mise charter described in paragraph (1) may operate
in that coastwise trade during a period following the
termination of the charter of not more than 6
months, if the operation—
‘‘(A) is approved by the Secretary; and
‘‘(B) in accordance with such terms as
may be prescribed by the Secretary for that ap-
proval.
‘‘(c) EXCEPTION FOR VESSEL TO BE REFLAGGED.—
‘‘(1) EXCEPTION.—Subsection (a)(2) and sec-
tion 12106(a)(2)(A) of title 46, United States Code,
do not apply to a cruise vessel if—
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‘‘(A) the vessel—
‘‘(i) is not documented under chapter
121 of title 46, United States Code, on the
date of enactment of the United States
Cruise Vessel Development Act; and
‘‘(ii) is not less than 5 years old and
not more than 15 years old on the first
date that the vessel is documented under
that chapter after that date of enactment;
and
‘‘(B) the owner or charterer of the vessel
has entered into a contract for the construction
in the United States of another cruise vessel
that has a total berth or stateroom capacity
that is at least 80 percent of the capacity of the
cruise vessel.
‘‘(2) TERMINATION OF AUTHORITY TO OPER-
ATE.—Paragraph (1) does not apply to a vessel after
the date that is 18 months after the date on which
a certificate of documentation with a coastwise en-
dorsement is first issued for the vessel after the date
of enactment of the United States Cruise Vessel De-
velopment Act if, before the end of that 18-month
period, the keel of another vessel has not been laid,
or another vessel is not at a similar stage of con-
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struction, under a contract required for the vessel
under paragraph (1)(B).
‘‘(3) EXTENSION OF PERIOD BEFORE TERMI-
NATION.—The Secretary of Transportation may ex-
tend the period under paragraph (2) for not more
than 6 months for good cause shown.
‘‘(d) LIMITATION ON OPERATIONS.—A person (in-
cluding a related person with respect to that person) that
owns or charters a cruise vessel operating in coastwise
trade under subsection (b) or (c) under a coastwise en-
dorsement may not operate any vessel between—
‘‘(1) any 2 ports served by another cruise vessel
that transports passengers in coastwise trade under
subsection (a) on the date the Secretary issues the
coastwise endorsement; or
‘‘(2) the islands of Hawaii.
‘‘(e) PENALTIES.—
‘‘(1) CIVIL
PENALTY.—A person operating a
vessel in violation of this section is liable to the
United States Government for a civil penalty of
$1,000 for each passenger transported in violation of
this section.
‘‘(2) FORFEITURE.—A vessel operated in know-
ing violation of this section, and its equipment, are
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liable to seizure by and forfeiture to the United
States Government.
‘‘(3) 
DISQUALIFICATION
FROM
COASTWISE
TRADE.—A person that is required to enter into a
construction contract under subsection (c)(1)(B)
with respect to a cruise vessel (including any related
person with respect to that person) may not own or
operate any vessel in coastwise trade after the period
applicable under subsection (c)(2) with respect to
the cruise vessel, if before the end of that period a
keel is not laid and a similar stage of construction
is not reached under such a contract.
‘‘(f) DEFINITIONS.—In this section—
‘‘(1) the term ‘coastwise trade’ includes trans-
portation of a passenger between points in the
United States, either directly or by way of a foreign
port;
‘‘(2) the term ‘cruise vessel’ means a vessel
that—
‘‘(A) is at least 10,000 gross tons (as
measured under chapter 143 of title 46, United
States Code);
‘‘(B) has berth or stateroom accommoda-
tions for at least 200 passengers; and
‘‘(C) is not a ferry; and
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‘‘(3) the term ‘related person’ means, with re-
spect to a person—
‘‘(A) a holding company, subsidiary, affili-
ate, or association of the person; and
‘‘(B) an officer, director, or agent of the
person or of an entity referred to in subpara-
graph (A).’’.
SEC. 1304. CONSTRUCTION STANDARDS.
Section 3309 of title 46, United States Code, is
amended by adding at the end the following:
‘‘(d)(1) A vessel described in paragraph (3) is deemed
to comply with parts B and C of this subtitle.
‘‘(2) The Secretary shall issue a certificate of inspec-
tion under subsection (a) to a vessel described in para-
graph (3).
‘‘(3) A vessel is described in this paragraph if—
‘‘(A) it meets the standards and conditions for
the issuance of a control verification certificate to a
foreign vessel embarking passengers in the United
States;
‘‘(B) a coastwise endorsement is issued for the
vessel under section 12106 of this title after the date
of enactment of the United States Cruise Vessel De-
velopment Act; and
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‘‘(C) the vessel is authorized to engage in coast-
wise trade by reason of section 8(c) of the Act enti-
tled ‘An Act to abolish certain fees for official serv-
ices to American vessels, and to amend the laws re-
lating to shipping commissioners, seamen, and own-
ers of vessels, and for other purposes’, approved
June 19, 1886.’’.
SEC. 1305. CITIZENSHIP FOR PURPOSES OF DOCUMENTA-
TION.
Section 2 of the Shipping Act, 1916 (46 App. U.S.C.
802), is amended—
(1) in subsection (a) by inserting ‘‘other than
primarily in the transport of passengers,’’ after ‘‘the
coastwise trade’’; and
(2) by adding at the end the following:
‘‘(e) For purposes of determining citizenship under
subsection (a) with respect to operation of a vessel pri-
marily in the transport of passengers in coastwise trade,
the controlling interest in a partnership or association that
owns the vessel shall not be deemed to be owned by citi-
zens of the United States unless a majority interest in the
partnership or association is owned by citizens of the
United States free from any trust or fiduciary obligation
in favor of any person that is not a citizen of the United
States.’’.
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SEC. 1306. LOAN GUARANTEES.
Title XI of the Act of June 29, 1936 (46 App. U.S.C.
1271 et seq.), is amended—
(1) in section 1101(b), by striking ‘‘passenger
cargo’’ and inserting ‘‘passenger, cargo,’’; and by
striking ‘‘owned by citizens of the United States’’;
(2) in section 1104B(a), in the material preced-
ing paragraph (1), by striking ‘‘owned by citizens of
the United States’’;
(3) in section 1110(a), by striking ‘‘owned by
citizens of the United States’’; and
(4) in section 1103, by adding at the end the
following:
‘‘(g) Notwithstanding any other law, the cost of a
loan guarantee commitment entered into under this title
shall be calculated using only the projected cost of that
individual guarantee.’’.
SEC. 1307. PERMITS FOR VESSELS ENTERING UNITS OF NA-
TIONAL PARK SYSTEM.
(a) PRIORITY.—Notwithstanding any other provision
of law, the Secretary of the Interior may not permit a per-
son to operate a vessel in any unit of the National Park
System except in accordance with the following priority:
(1) First, any person that—
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(A) will operate a vessel that is docu-
mented under the laws of, and the home port
of which is located in, the United States; or
(B) holds rights to provide visitor services
under section 1307(a) of the Alaska National
Interest Lands Conservation Act (16 U.S.C.
3197(A)).
(2) Second, any person that will operate a ves-
sel that—
(A) is documented under the laws of a for-
eign country, and
(B) on the date of the enactment of this
Act is permitted to be operated by the person
in the unit.
(3) Third, any person that will operate a vessel
other than a vessel described in paragraph (1) or
(2).
(b) REVOCATION OF PERMITS FOR FOREIGN-DOCU-
MENTED VESSELS.—The Secretary of the Interior shall
revoke or refuse to renew permission granted by the Sec-
retary for the operation of a vessel documented under the
laws of a foreign country in a unit of the National Park
System, if—
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•HR 4852 EH1S
(1) a person requests permission to operate a
vessel documented under the laws of the United
States in that unit; and
(2) the permission may not be granted because
of a limit on the number of permits that may be is-
sued for that operation.
(c) RESTRICTIONS ON REVOCATION OF PERMITS.—
The Secretary of the Interior may not revoke or refuse
to renew permission under subsection (b) for any person
holding rights to provide visitor services under section
1307(a) of the Alaska National Interest Lands Conserva-
tion Act (16 U.S.C. 3197(a)).
(d) RETURN OF PERMITS.—Any person whose per-
mission to provide visitors services in a unit of the Na-
tional Park System has been revoked or not renewed
under subsection (b) shall have the right of first refusal
to a permit to provide visitors services in that unit of the
National Park System that becomes available when the
conditions described in subsection (b) no longer apply.
Such right shall be limited to the number of permits which
are revoked or not renewed.
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TITLE XIV—BOATING
IMPROVEMENT
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Boating Improvement
Act of 1994’’.
SEC. 1402. BOATING SAFETY GRANTS.
(a) TRANSFER OF AMOUNTS FOR STATE BOATING
SAFETY PROGRAMS.—
(1) TRANSFERS.—Section 4(b) of the Act of
August 9, 1950 (16 U.S.C. 777c(b)), is amended to
read as follows:
‘‘(b)(1) Of the balance of each annual appropriation
remaining after making the distribution under subsection
(a), an amount equal to $15,000,000 for fiscal year 1995,
$40,000,000 for fiscal year 1996, $55,000,000 for fiscal
year 1997, and $69,000,000 for each of fiscal years 1998
and 1999, shall, subject to paragraph (2), be used as
follows:
‘‘(A) A sum equal to $7,500,000 of the amount
available for fiscal year 1995, and a sum equal to
$10,000,000 of the amount available for each of fis-
cal years 1996 and 1997, shall be available for use
by the Secretary of the Interior for grants under
section 5604(c) of the Clean Vessel Act of 1992.
Any portion of such a sum available for a fiscal year
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•HR 4852 EH1S
that is not obligated for those grants before the end
of the following fiscal year shall be transferred to
the Secretary of Transportation and shall be ex-
pended by the Secretary of Transportation for State
recreational boating safety programs under section
13106 of title 46, United States Code.
‘‘(B) A sum equal to $7,500,000 of the amount
available for fiscal year 1995, $30,000,000 of the
amount available for fiscal year 1996, $45,000,000
of the amount available for fiscal year 1997, and
$59,000,000 of the amount available for each of fis-
cal years 1998 and 1999, shall be transferred to the
Secretary of Transportation and shall be expended
by the Secretary of Transportation for State rec-
reational boating safety programs under section
13106 of title 46, United States Code.
‘‘(C) A sum equal to $10,000,000 of the
amount available for each of fiscal years 1998 and
1999 shall be available for use by the Secretary of
the Interior for—
‘‘(i) grants under section 1403(e) of the
Boating Improvement Act of 1994; and
‘‘(ii) grants under section 5604(c) of the
Clean Vessel Act of 1992.
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Any portion of such a sum available for a fiscal year that
is not obligated for those grants before the end of the fol-
lowing fiscal year shall be transferred to the Secretary of
Transportation and shall be expended by the Secretary of
Transportation for State recreational boating safety pro-
grams under section 13106 of title 46, United States
Code.
‘‘(2)(A) Beginning with fiscal year 1996, the amount
transferred under paragraph (1)(B) for a fiscal year shall
be reduced by the lesser of—
‘‘(i) the amount appropriated to the Secretary
of Transportation for that fiscal year to carry out
the purposes of section 13106 of title 46, United
States Code, from the Boat Safety Account in the
Aquatic Resources Trust Fund established under
section 9504 of the Internal Revenue Code of 1986;
or
‘‘(ii) $35,000,000; or
‘‘(iii) for fiscal year 1996 only, $30,000,000.
‘‘(B) The amount of any reduction under subpara-
graph (A) shall be apportioned among the several States
under subsection (d) by the Secretary of the Interior.’’.
(2) 
CONFORMING
AMENDMENT.—Section
5604(c)(1) of the Clean Vessel Act of 1992 (33
U.S.C. 1322 note) is amended by striking ‘‘section
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•HR 4852 EH1S
4(b)(2) of the Act of August 9, 1950 (16 U.S.C.
777c(b)(2), as amended by this Act)’’ and inserting
‘‘section 4(b)(1) of the Act of August 9, 1950 (16
U.S.C. 777c(b)(1))’’.
(3) EXCESS FY 1995 BOAT SAFETY ACCOUNT
FUNDS TRANSFER.—Notwithstanding any other pro-
vision of law, $20,000,000 of the annual appropria-
tion from the Sport Fish Restoration Account in fis-
cal year 1996 made in accordance with the provi-
sions of section 3 of the Act of August 9, 1950 (16
U.S.C. 777b), shall be excluded from the calculation
of amounts to be distributed under section 4(a) of
such Act (16 U.S.C. 777c(a)).
(b) EXPENDITURE OF AMOUNTS FOR STATE REC-
REATIONAL
BOATING
SAFETY
PROGRAMS.—Section
13106 of title 46, United States Code, is amended—
(1) in subsection (a)(1) by striking the first
sentence and inserting the following: ‘‘Subject to
paragraph (2), the Secretary shall expend under
contracts with States under this chapter in each fis-
cal year for State recreational boating safety pro-
grams an amount equal to the sum of the amount
appropriated from the Boat Safety Account for that
fiscal year plus the amount transferred to the Sec-
retary under section 4(b)(1) of the Act of August 9,
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1950 (16 U.S.C. 777c(b)(1)) for that fiscal year.’’;
and
(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) For expenditure under this chapter for State rec-
reational boating safety programs there are authorized to
be appropriated to the Secretary of Transportation from
the Boat Safety Account established under section
9503(c)(4) of the Internal Revenue Code of 1986 (26
U.S.C. 9503(c)(4)) not more than $35,000,000 each fiscal
year.’’.
SEC. 1403. BOATING ACCESS.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Nontrailerable recreational motorboats con-
tribute 15 percent of the gasoline taxes deposited in
the Aquatic Resources Trust Fund while constitut-
ing less than 5 percent of the recreational vessels in
the United States.
(2) The majority of recreational vessel access
facilities constructed with Aquatic Resources Trust
Fund moneys benefit trailerable recreational vessels.
(3) More Aquatic Resources Trust Fund mon-
eys should be spent on recreational vessel access fa-
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cilities that benefit recreational vessels that are
nontrailerable vessels.
(b) PURPOSE.—The purpose of this section is to pro-
vide funds to States for the development of public facilities
for transient nontrailerable vessels.
(c) SURVEY.—Within 18 months after the date of the
enactment of this Act, any State may complete and submit
to the Secretary of the Interior a survey which identifies—
(1) the number and location in the State of all
public facilities for transient nontrailerable vessels;
and
(2) the number and areas of operation in the
State of all nontrailerable vessels that operate on
navigable waters in the State.
(d) PLAN.—Within 6 months after submitting a sur-
vey to the Secretary of the Interior in accordance with
subsection (c), a State may develop and submit to the Sec-
retary of the Interior a plan for the construction and ren-
ovation of public facilities for transient nontrailerable ves-
sels to meet the needs of nontrailerable vessels operating
on navigable waters in the State.
(e) GRANT PROGRAM.—
(1) MATCHING GRANTS.—The Secretary of the
Interior may obligate not less than one-half of the
amount made available for each of fiscal years 1998
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and 1999 under section 4(b)(1)(C) of the Act of Au-
gust 9, 1950, as amended by section 1402(a)(1) of
this title, to make grants to any State to pay not
more than 75 percent of the cost of constructing or
renovating 
public 
facilities 
for 
transient
nontrailerable vessels.
(2) PRIORITIES.—
(A) IN
GENERAL.—In awarding grants
under this subsection, the Secretary of the Inte-
rior shall give priority to projects that consist
of the construction or renovation of public fa-
cilities for transient nontrailerable vessels in ac-
cordance with a plan submitted by a State sub-
mitted under subsection (b).
(B) WITHIN STATE.—In awarding grants
under this subsection for projects in a particu-
lar State, the Secretary of the Interior shall
give priority to projects that are likely to serve
the greatest number of nontrailerable vessels.
SEC. 1404. DEFINITIONS.
For the purpose of this title the term—
(1) ‘‘Act of August 9, 1950’’ means the Act en-
titled ‘‘An Act to provide that the United States
shall aid the States in fish restoration and manage-
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ment projects, and for other purposes’’, approved
August 9, 1950 (16 U.S.C. 777a et seq.);
(2) ‘‘nontrailerable vessel’’ means a recreational
vessel greater than 26 feet in length;
(3) ‘‘public facilities for transient nontrailerable
vessels’’ means mooring buoys, day-docks, seasonal
slips or similar structures located on navigable wa-
ters, that are available to the general public and de-
signed for temporary use by nontrailerable vessels;
(4) ‘‘recreational vessel’’ means a vessel—
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another
for the latter’s pleasure; and
(5) ‘‘State’’ means each of the several States of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
TITLE XV—TOWING VESSEL
NAVIGATIONAL SAFETY
SEC. 1501. SHORT TITLE.
This title may be cited as the ‘‘Towing Vessel Naviga-
tional Safety Act of 1994’’.
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SEC. 1502. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT
FOR TOWING VESSELS.
(a) IN GENERAL.—Section 4102 of title 46, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(f)(1) In prescribing regulations for towing vessels,
the Secretary shall—
‘‘(A) consider the characteristics, methods of
operation, and nature of the service of towing ves-
sels;
‘‘(B) consult with the Towing Safety Advisory
Committee; and
‘‘(C) require, to the extent appropriate, the in-
stallation, maintenance, and use of and familiarity
with the following equipment on each towing vessel,
other than a towing vessel that is used only for tow-
ing disabled vessels:
‘‘(i) A radar system.
‘‘(ii) An electronic position-fixing device.
‘‘(iii) A sonic depth finder.
‘‘(iv) A compass or swing meter.
‘‘(v) Adequate towing wire and associated
equipment.
‘‘(vi) Up-to-date navigational charts and
publications for the areas normally transited by
the vessel.
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‘‘(vii) Other safety equipment the Sec-
retary determines to be necessary.
‘‘(2) The Secretary shall establish in regulations
under this chapter requirements that—
‘‘(A) any equipment required on a towing vessel
under paragraph (1) shall be maintained in effective
operating condition; and
‘‘(B) if such equipment on a vessel ceases to op-
erate, the master of the vessel shall exercise due dili-
gence to restore the equipment to effective operating
condition, or cause it to be restored to that condi-
tion, at the earliest practicable date.’’.
(b) REGULATIONS.—The Secretary of Transportation
shall issue regulations by not later than 12 months after
the date of the enactment of this Act, prescribing naviga-
tional publication and equipment requirements under sub-
section (f) of section 4102 of title 46, United States Code,
as added by subsection (a) of this section.
SEC. 1503. REPORTING MARINE CASUALTIES.
(a) EXPEDITED REPORTING REQUIRED.—Section
6101(b) of title 46, United States Code, is amended by
striking ‘‘within 5 days’’ and inserting ‘‘by as soon as
practicable, but in no case later than within 5 days,’’.
(b) PENALTY
FOR FAILURE TO REPORT
A CAS-
UALTY.—Section 6103(a) of title 46, United States Code
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is amended by striking ‘‘$1,000’’ and inserting ‘‘not more
than $25,000’’.
SEC. 1504. REPORT ON FEASIBILITY OF ESTABLISHING A
DIFFERENTIAL GLOBAL POSITIONING SAT-
ELLITE 
NAVIGATION 
SYSTEM 
AND 
ELEC-
TRONIC CHARTS FOR INLAND WATERWAYS.
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 Congress on the feasibility of estab-
lishing a differential global positioning satellite navigation
system and creating electronic charts for the inland water-
ways of the United States.
SEC. 1505. PROTECTION OF SEAMEN AGAINST DISCRIMINA-
TION.
Section 2114 of title 46, United States Code, is
amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) An owner, charterer, managing operator, agent,
master, or individual in charge of a vessel may not dis-
charge or in any manner discriminate against a seaman
because the seaman—
‘‘(1) in good faith has reported or is about to
report to the Coast Guard that the seaman believes
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that a violation of this subtitle, or a regulation is-
sued under this subtitle, has occurred; or
‘‘(2) refuses to violate this subtitle or a regula-
tion issued under this subtitle.’’; and
(2) in subsection (b)—
(A) in paragraph (1) by striking ‘‘and’’
after the semicolon;
(B) in paragraph (2) by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) an award of costs and reasonable attor-
ney’s fees to the prevailing plaintiff.’’.
SEC. 1506. MANNING AND LICENSING REQUIREMENTS FOR
TOWING VESSELS.
(a) MANNING REQUIREMENTS.—Section 8904 of title
46, United States Code, is amended by adding at the end
the following:
‘‘(c) A towing vessel that is at least 26 feet in length,
other than a vessel referred to in subsection (b), shall—
‘‘(1) while being operated, have on board an in-
dividual licensed by the Secretary as a master of
that type of towing vessel; and
‘‘(2) be operated by an individual licensed by
the Secretary to operate that type of towing vessel.’’.
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(b) REGULATIONS ESTABLISHING LICENSES
FOR
MASTERS AND OPERATORS.—Section 7101 of title 46,
United States Code, is amended by adding at the end the
following:
‘‘(j)(1) The Secretary shall prescribe regulations
which establish licenses for masters and mates of towing
vessels.
‘‘(2) Regulations under this subsection shall provide
that an individual may be issued a license as a master
or mate of a towing vessel only if the individual—
‘‘(A) demonstrates proficiency in the use of the
equipment 
required 
pursuant 
to 
section
4102(f)(1)(C) of this title; and
‘‘(B) demonstrates proficiency in operating a
towing vessel.
‘‘(3) Regulations under this subsection may establish
standards and procedures under which the Secretary may
delegate, to individuals who have experience in the oper-
ation of towing vessels and to other qualified persons, the
authority to conduct examinations required for the issu-
ance of a license as a master or mate of a towing vessel.’’.
(c) EXISTING UNINSPECTED TOWING VESSEL OPER-
ATOR LICENSE HOLDERS.—An uninspected towing vessel
operator license that is valid on the effective date of this
section shall be valid as a master or mate license required
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by section 8904 of title 46, United States Code, as amend-
ed by this section, until otherwise required to be renewed.
The Secretary shall require that an individual applying for
a first renewal of such a license as a master or mate li-
cense under that section demonstrate proficiency under
the requirements of section 7101(j) of title 46, United
States Code, as added by this section.
(d) EFFECTIVE DATE.—The amendments made by
this section, other than the amendments made by sub-
section (e), shall take effect 2 years after the date of the
enactment of this Act.
(e) DEADLINE FOR REGULATIONS.—The Secretary
of the department in which the Coast Guard is operating
shall issue regulations under the amendments made by
this section by not later than 1 year after the date of the
enactment of this Act.
SEC. 1507. CIVIL PENALTIES.
(a) PROHIBITED OPERATION OF UNINSPECTED TOW-
ING VESSEL, GENERALLY.—Section 4106 of title 46,
United States Code, is amended by striking ‘‘$5,000’’ and
inserting ‘‘$25,000’’.
(b) OPERATION OF UNINSPECTED TOWING VESSEL
IN VIOLATION
OF MANNING REQUIREMENTS.—Section
8906 of title 46, United States Code, is amended by strik-
ing ‘‘$1,000’’ and inserting ‘‘not more than $25,000’’.
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SEC. 1508. MODEL TOWING VESSEL COMPANY INSPECTION
PROGRAM.
(a) IN GENERAL.—Not later than 1 year after the
date of the enactment of this Act, the Secretary of the
department in which the Coast Guard is operating, in con-
sultation with the Towing Safety Advisory Committee,
shall—
(1) develop a model towing vessel company in-
spection program, including a Coast Guard boarding
program to determine compliance with the model
program; and
(2) submit to the Congress for its approval the
model program and a description of the statutory
changes necessary to implement the model program.
(b) SAVINGS.—The requirement to submit a model
program under subsection (a) shall not be construed to
supersede or modify the authority of the Coast Guard to
inspect vessels under title 46, United States Code.
TITLE XVI—MERCHANT
MARINER BENEFITS
SEC. 1601. MERCHANT MARINER BENEFITS.
(a) Part G of subtitle II, title 46, United States Code,
is amended by adding the following new chapter:
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‘‘CHAPTER 112—MERCHANT MARINER
BENEFITS
‘‘Sec.
‘‘11201. Qualified service.
‘‘11202. Qualified service benefits.
‘‘§ 11201. Qualified service
‘‘An individual who was in training for, or who served
as a member of, the United States merchant marine dur-
ing World War II, including the Army Transport Service
and the Naval Transportation Service, or who received a
notice of induction, before September 2, 1945, is deemed
to have been engaged in qualified service for purposes of
this chapter.
‘‘§ 11202. Qualified service benefits
‘‘(a) An individual who believes that individual per-
formed qualified service under section 11201 of this chap-
ter may apply to the Secretary. Not later than 180 days
after the Secretary receives an application under this sec-
tion, the Secretary shall determine whether the individual
performed qualified service.
‘‘(b) The Secretary shall issue an honorable discharge
to an individual who performed qualified service as deter-
mined by the Secretary under subsection (a). The Sec-
retary shall issue the discharge subject to the standards
that apply to honorable discharges issued under section
401(a)(1)(b) of the GI Bill Improvement Act of 1977 (38
U.S.C. 106 note).
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‘‘(c) The qualified service of an individual who—
‘‘(1) receives an honorable discharge under sub-
section (b); and
‘‘(2) is not eligible for benefits under a law ad-
ministered by the Secretary of Veterans Affairs—
shall be treated as active duty in the armed forces during
a period of war for purposes of eligibility for benefits
under chapters 23 and 24 of title 38, United States Code.
‘‘(d) The Secretary shall reimburse the Secretary of
Veterans Affairs for the value of benefits provided to an
individual by reason of eligibility under this chapter.
‘‘(e) An individual is not entitled to, and may not re-
ceive, benefits under this chapter for any period before the
date of enactment of this chapter.’’.
(b) The analysis at the beginning of subtitle II of title
46, United States Code, is amended by inserting after the
item relating to chapter 111 the following:
‘‘112. Merchant mariner benefits .............................................................11201.’’.
TITLE XVII—LIGHTHOUSE AND
OTHER PROPERTY CONVEY-
ANCES
SEC. 1701. CONVEYANCE OF COAST GUARD PROPERTY IN
TRAVERSE 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
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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
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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. 1702. TRANSFER OF COAST GUARD PROPERTY IN
KETCHIKAN, ALASKA.
(a) CONVEYANCE REQUIREMENT.—The Secretary of
Transportation, in cooperation with the Administrator of
General Services, shall convey to the Ketchikan Indian
Corporation 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.