IB
Union Calendar No. 51
104TH CONGRESS
1ST SESSION
H. R. 1361
[Report No. 104–106]
To authorize appropriations for fiscal year 1996 for the Coast Guard, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 30, 1995
Mr. COBLE (for himself, Mr. TRAFICANT, Mr. SHUSTER, and Mr. MINETA)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
MAY 1, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 30, 1995]
A BILL
To authorize appropriations for fiscal year 1996 for the
Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Authoriza-
tion Act For Fiscal Year 1996’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Quarterly reports on drug interdiction.
Sec. 104. Safety determination for small boat closures.
TITLE II—PERSONNEL MANAGEMENT IMPROVEMENT
Sec. 201. Hurricane Andrew relief.
Sec. 202. Exclude certain reserves from end-of-year strength.
Sec. 203. Provision of child development services.
Sec. 204. Access to national driver register information on certain Coast Guard
personnel.
Sec. 205. Officer retention until retirement eligible.
TITLE III—NAVIGATION SAFETY AND WATERWAY SERVICES
MANAGEMENT
Sec. 301. Foreign passenger vessel user fees.
Sec. 302. Florida Avenue Bridge.
Sec. 303. Renewal of Houston-Galveston Navigation Safety Advisory Committee
and Lower Mississippi River Waterway Advisory Committee.
Sec. 304. Renewal of the Navigation Safety Advisory Council.
Sec. 305. Renewal of Commercial Fishing Industry Vessel Advisory Committee.
Sec. 306. Nondisclosure of port security plans.
Sec. 307. Maritime drug and alcohol testing program civil penalty.
Sec. 308. Withholding vessel clearance for violation of certain Acts.
Sec. 309. Increased civil penalties.
Sec. 310. Amendment to require emergency position indicating radio beacons on
the Great Lakes.
TITLE IV—MISCELLANEOUS
Sec. 401. Transfer of Coast Guard property in Traverse City, Michigan.
Sec. 402. Transfer of Coast Guard property in Ketchikan, Alaska.
Sec. 403. Electronic filing of commercial instruments.
Sec. 404. Board for correction of military records deadline.
Sec. 405. Judicial sale of certain documented vessels to aliens.
Sec. 406. Improved authority to sell recyclable material.
Sec. 407. Recruitment of women and minorities.
Sec. 408. Limitation of certain State authority over vessels.
Sec. 409. Vessel financing.
Sec. 410. Sense of Congress; requirement regarding notice.
Sec. 411. Special selection boards.
Sec. 412. Availability of extrajudicial remedies for default on preferred mortgage
liens on vessels.
Sec. 413. Implementation of water pollution laws with respect to vegetable oil.
Sec. 414. Certain information from marine casualty investigations barred in
legal proceedings.
Sec. 415. Report on LORAN–C requirements.
Sec. 416. Limited double hull exemptions.
Sec. 417. Oil spill response vessels.
Sec. 418. Offshore facility financial responsibility requirements.
Sec. 419. Manning and watch requirements on towing vessels on the Great Lakes.
Sec. 420. Limitation on application of certain laws to Lake Texoma.
TITLE V—COAST GUARD REGULATORY REFORM
Sec. 501. Short title.
Sec. 502. Safety management.
Sec. 503. Use of reports, documents, records, and examinations of other persons.
Sec. 504. Equipment approval.
Sec. 505. Frequency of inspection.
Sec. 506. Certificate of inspection.
Sec. 507. Delegation of authority of Secretary to classification societies.
TITLE VI—DOCUMENTATION OF VESSELS
Sec. 601. Authority to issue coastwise endorsements.
Sec. 602. Vessel documentation for charity cruises.
Sec. 603. Extension of deadline for conversion of vessel M/V TWIN DRILL.
Sec. 604. Documentation of vessel RAINBOW’S END.
Sec. 605. Documentation of vessel GLEAM.
Sec. 606. Documentation of various vessels.
Sec. 607. Documentation of 4 barges.
TITLE VII—TECHNICAL AND CONFORMING AMENDMENTS
Sec. 701. Amendment of inland navigation rules.
Sec. 702. Measurement of vessels.
Sec. 703. Longshore and harbor workers compensation.
Sec. 704. Radiotelephone requirements.
Sec. 705. Vessel operating requirements.
Sec. 706. Merchant Marine Act, 1920.
Sec. 707. Merchant Marine Act, 1956.
Sec. 708. Maritime education and training.
Sec. 709. General definitions.
Sec. 710. Authority to exempt certain vessels.
Sec. 711. Inspection of vessels.
Sec. 712. Regulations.
Sec. 713. Penalties—inspection of vessels.
Sec. 714. Application—tank vessels.
Sec. 715. Tank vessel construction standards.
Sec. 716. Tanker minimum standards.
Sec. 717. Self-propelled tank vessel minimum standards.
Sec. 718. Definition—abandonment of barges.
Sec. 719. Application—load lines.
Sec. 720. Licensing of individuals.
Sec. 721. Able seamen—limited.
Sec. 722. Able seamen—offshore supply vessels.
Sec. 723. Scale of employment—able seamen.
Sec. 724. General requirements—engine department.
Sec. 725. Complement of inspected vessels.
Sec. 726. Watchmen.
Sec. 727. Citizenship and naval reserve requirements.
Sec. 728. Watches.
Sec. 729. Minimum number of licensed individuals.
Sec. 730. Officers’ competency certificates convention.
Sec. 731. Merchant mariners’ documents required.
Sec. 732. Certain crew requirements.
Sec. 733. Freight vessels.
Sec. 734. Exemptions.
Sec. 735. United States registered pilot service.
Sec. 736. Definitions—merchant seamen protection.
Sec. 737. Application—foreign and intercoastal voyages.
Sec. 738. Application—coastwise voyages.
Sec. 739. Fishing agreements.
Sec. 740. Accommodations for seamen.
Sec. 741. Medicine chests.
Sec. 742. Logbook and entry requirements.
Sec. 743. Coastwise endorsements.
Sec. 744. Fishery endorsements.
Sec. 745. Clerical amendment.
Sec. 746. Repeal of Great Lakes endorsements.
Sec. 747. Convention tonnage for licenses, certificates, and documents.
TITLE VIII—COAST GUARD AUXILIARY AMENDMENTS
Sec. 801. Administration of the Coast Guard Auxiliary.
Sec. 802. Purpose of the Coast Guard Auxiliary.
Sec. 803. Members of the Auxiliary; status.
Sec. 804. Assignment and performance of duties.
Sec. 805. Cooperation with other agencies, States, territories, and political sub-
divisions.
Sec. 806. Vessel deemed public vessel.
Sec. 807. Aircraft deemed public aircraft.
Sec. 808. Disposal of certain material.
TITLE I—AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary
expenses of the Coast Guard for fiscal year 1996, as follows:
(1) For the operation and maintenance of the
Coast Guard, $2,618,316,000, of which $25,000,000
shall be derived from the Oil Spill Liability Trust
Fund.
(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and off-
shore facilities, vessels, and aircraft, including equip-
ment related thereto, $428,200,000, to remain avail-
able until expended, of which $32,500,000 shall be de-
rived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors di-
rectly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
fense readiness, $22,500,000, to remain available
until expended, of which $3,150,000 shall be derived
from the Oil Spill Liability Trust Fund.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Benefit
Plans, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title
10, United States Code, $582,022,000.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting ob-
structions to navigation, and for personnel and ad-
ministrative costs associated with the Bridge Alter-
ation Program, $16,200,000, to remain available
until expended.
(6) For necessary expenses to carry out the Coast
Guard’s environmental compliance and restoration
functions, other than parts and equipment associated
with operations and maintenance, under chapter 19
of title 14, United States Code, at Coast Guard facili-
ties, $25,000,000, to remain available until expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH
AND TRAINING.
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is
authorized an end-of-year strength for active duty personnel
of 38,400 as of September 30, 1996.
(b) MILITARY TRAINING STUDENT LOADS.—For fiscal
year 1996, the Coast Guard is authorized average military
training student loads as follows:
(1) For recruit and special training, 1604 stu-
dent years.
(2) For flight training, 85 student years.
(3) For professional training in military and
civilian institutions, 330 student years.
(4) For officer acquisition, 874 student years.
SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION.
Not later than 30 days after the end of each fiscal year
quarter, the Secretary of Transportation shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on all
expenditures related to drug interdiction activities of the
Coast Guard during that quarter.
SEC. 104. SAFETY DETERMINATION FOR SMALL BOAT CLO-
SURES.
None of the funds authorized to be appropriated under
this Act may be used to close Coast Guard multimission
small boat stations unless the Secretary of Transportation
determines that maritime safety will not be diminished by
the closures.
TITLE II—PERSONNEL
MANAGEMENT IMPROVEMENT
SEC. 201. HURRICANE ANDREW RELIEF.
Section 2856 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484) applies to
the military personnel of the Coast Guard who were as-
signed to, or employed at or in connection with, any Fed-
eral 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 admin-
ister that section with respect to Coast Guard person-
nel.
SEC. 202. EXCLUDE CERTAIN RESERVES FROM END-OF-
YEAR STRENGTH.
Section 712 of title 14, United States Code, is amended
by adding at the end the following:
‘‘(d) Reserve members ordered to active duty under this
section shall not be counted in computing authorized
strength of members on active duty or members in grade
under this title or under any other law.’’.
SEC. 203. PROVISION OF CHILD DEVELOPMENT SERVICES.
Section 93 of title 14, United States Code, is amended
by striking ‘‘and’’ after the semicolon at the end of para-
graph (t)(2), by striking the period at the end of paragraph
(u) and inserting ‘‘; and’’, and by adding at the end the
following new paragraph:
‘‘(v) make child development services available to
members of the armed forces and Federal civilian em-
ployees under terms and conditions comparable to
those under the Military Child Care Act of 1989 (10
U.S.C. 113 note).’’.
SEC. 204. ACCESS TO NATIONAL DRIVER REGISTER INFOR-
MATION ON CERTAIN COAST GUARD PERSON-
NEL.
(a) AMENDMENT TO TITLE 14.—Section 93 of title 14,
United States Code, as amended by section 203, is further
amended—
(1) by striking ‘‘and’’ after the semicolon at the
end of paragraph (u);
(2) by striking the period at the end of para-
graph (v) and inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(w) require that any officer, chief warrant offi-
cer, or enlisted member of the Coast Guard or Coast
Guard Reserve (including a cadet or an applicant for
appointment or enlistment to any of the foregoing
and any member of a uniformed service who is as-
signed to the Coast Guard) request that all informa-
tion contained in the National Driver Register per-
taining to the individual, as described in section
30304(a) of title 49, be made available to the Com-
mandant under section 30305(a) of title 49, may re-
ceive that information, and upon receipt, shall make
the information available to the individual.’’.
(b) AMENDMENT TO TITLE 49.—Section 30305(b) of
title 49, United States Code, is amended by redesignating
paragraph (7) as paragraph (8) and inserting after para-
graph (6) the following new paragraph:
‘‘(7) An individual who is an officer, chief warrant
officer, or enlisted member of the Coast Guard or Coast
Guard Reserve (including a cadet or an applicant for ap-
pointment or enlistment of any of the foregoing and any
member of a uniformed service who is assigned to the Coast
Guard) may request the chief driver licensing official of a
State to provide information about the individual under
subsection (a) of this section to the Commandant of the
Coast Guard. The Commandant may receive the informa-
tion and shall make the information available to the indi-
vidual. Information may not be obtained from the Register
under this paragraph if the information was entered in the
Register more than 3 years before the request, unless the
information is about a revocation or suspension still in ef-
fect on the date of the request.’’.
SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGI-
BLE.
Section 283(b) of title 14, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by striking the last sentence; and
(3) by adding at the end the following:
‘‘(2) Upon the completion of a term under paragraph
(1), an officer shall, unless selected for further continu-
ation—
‘‘(A) except as provided in subparagraph (B), be
honorably discharged with severance pay computed
under section 286 of this title;
‘‘(B) in the case of an officer who has completed
at least 18 years of active service on the date of dis-
charge 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 service,
unless earlier removed under another provision of
law; or
‘‘(C) if, on the date specified for the officer’s dis-
charge in this section, the officer has completed at
least 20 years of active service or is eligible for retire-
ment under any law, be retired on that date.’’.
TITLE III—NAVIGATION SAFETY
AND 
WATERWAY 
SERVICES
MANAGEMENT
SEC. 301. 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. 302. FLORIDA AVENUE BRIDGE.
For purposes of the alteration of the Florida Avenue
Bridge (located approximately 1.63 miles east of the Mis-
sissippi River on the Gulf Intracoastal Waterway in Orle-
ans Parish, Louisiana) ordered by the Secretary of Trans-
portation under the Act of June 21, 1940 (33 U.S.C. 511
et seq.; popularly known as the Truman-Hobbs Act), the
Secretary of Transportation shall treat the drainage siphon
that is adjacent to the bridge as an appurtenance of the
bridge, including with respect to apportionment and pay-
ment of costs for the removal of the drainage siphon in ac-
cordance with that Act.
SEC. 303. RENEWAL OF HOUSTON-GALVESTON NAVIGATION
SAFETY ADVISORY COMMITTEE AND LOWER
MISSISSIPPI 
RIVER 
WATERWAY 
ADVISORY
COMMITTEE.
The Coast Guard Authorization Act of 1991 (Public
Law 102–241, 105 Stat. 2208–2235) is amended—
(1) in section 18 by adding at the end the follow-
ing:
‘‘(h) The Committee shall terminate on October 1,
2000.’’; and
(2) in section 19 by adding at the end the follow-
ing:
‘‘(g) The Committee shall terminate on October 1,
2000.’’.
SEC. 304. RENEWAL OF THE NAVIGATION SAFETY ADVISORY
COUNCIL.
(a) RENEWAL.—Section 5(d) of the Inland Naviga-
tional Rules Act of 1980 (33 U.S.C. 2073) is amended by
striking ‘‘September 30, 1995’’ and inserting ‘‘September
30, 2000’’.
(b) CLERICAL AMENDMENT.—The section heading for
section 5(d) of the Inland Navigational Rules Act of 1980
(33 U.S.C. 2073) is amended by striking ‘‘Rules of the Road
Advisory Council’’ and inserting ‘‘Navigation Safety Advi-
sory Council’’.
SEC. 305. RENEWAL OF COMMERCIAL FISHING INDUSTRY
VESSEL ADVISORY COMMITTEE.
Subsection (e)(1) of section 4508 of title 46, United
States Code, is amended by striking ‘‘September 30, 1994’’
and inserting ‘‘October 1, 2000’’.
SEC. 306. NONDISCLOSURE OF PORT SECURITY PLANS.
Section 7 of the Ports and Waterways Safety Act (33
U.S.C. 1226), is amended by adding at the end the following
new subsection (c):
‘‘(c) NONDISCLOSURE OF PORT SECURITY PLANS.—
Notwithstanding any other provision of law, information
related to security plans, procedures, or programs for pas-
senger vessels or passenger terminals authorized under this
Act is not required to be disclosed to the public.’’.
SEC. 307. MARITIME DRUG AND ALCOHOL TESTING PRO-
GRAM CIVIL PENALTY.
(a) PENALTY IMPOSED.—Chapter 21 of title 46, Unit-
ed States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2115. Civil penalty to enforce alcohol and dan-
gerous drug testing
‘‘Any person who fails to comply with or otherwise vio-
lates the requirements prescribed by the Secretary under
this subtitle for chemical testing for dangerous drugs or for
evidence of alcohol use is liable to the United States Govern-
ment for a civil penalty of not more than $1,000 for each
violation. Each day of a continuing violation shall con-
stitute a separate violation.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 21 of title 46, United States Code,
is amended by inserting after the item relating to section
2114 the following new item:
‘‘2115. Civil penalty to enforce alcohol and dangerous drug testing.’’.
SEC. 308. WITHHOLDING VESSEL CLEARANCE FOR VIOLA-
TION OF CERTAIN ACTS.
(a) TITLE 49, UNITED STATES CODE.—Section 5122
of title 49, United States Code, is amended by adding at
the end the following new subsection:
‘‘(c) WITHHOLDING
OF
CLEARANCE.—(1) If any
owner, operator, or person in charge of a vessel is liable
for a civil penalty under section 5123 of this title or for
a fine under section 5124 of this title, or if reasonable cause
exists to believe that such owner, operator, or person in
charge may be subject to such a civil penalty or fine, the
Secretary of the Treasury, upon the request of the Secretary,
shall with respect to such vessel refuse or revoke any clear-
ance required by section 4197 of the Revised Statutes of the
United States (46 App. U.S.C. 91).
‘‘(2) Clearance refused or revoked under this subsection
may be granted upon the filing of a bond or other surety
satisfactory to the Secretary.’’.
(b) PORT
AND WATERWAYS SAFETY ACT.—Section
13(f) of the Ports and Waterways Safety Act (33 U.S.C.
1232(f)) is amended to read as follows:
‘‘(f) WITHHOLDING
OF
CLEARANCE.—(1) If any
owner, operator, or person in charge of a vessel is liable
for a penalty or fine under this section, or if reasonable
cause exists to believe that the owner, operator, or person
in charge may be subject to a penalty or fine under this
section, the Secretary of the Treasury, upon the request of
the Secretary, shall with respect to such vessel refuse or re-
voke any clearance required by section 4197 of the Revised
Statutes of the United States (46 App. U.S.C. 91).
‘‘(2) Clearance refused or revoked under this subsection
may be granted upon filing of a bond or other surety satis-
factory to the Secretary.’’.
(c) INLAND NAVIGATION RULES ACT OF 1980.—Sec-
tion 4(d) of the Inland Navigational Rules Act of 1980 (33
U.S.C. 2072(d)) is amended to read as follows:
‘‘(d) WITHHOLDING
OF
CLEARANCE.—(1) If any
owner, operator, or person in charge of a vessel is liable
for a penalty under this section, or if reasonable cause exists
to believe that the owner, operator, or person in charge may
be subject to a penalty under this section, the Secretary of
the Treasury, upon the request of the Secretary, shall with
respect to such vessel refuse or revoke any clearance required
(b) OPERATION OF UNINSPECTED VESSEL IN VIOLA-
TION OF MANNING REQUIREMENTS.—Section 8906 of title
46, United States Code, is amended by striking ‘‘$1,000’’
and inserting ‘‘not more than $25,000’’.
SEC. 310. AMENDMENT TO REQUIRE EMERGENCY POSITION
INDICATING RADIO BEACONS ON THE GREAT
LAKES.
Paragraph (7) of section 4502(a) of title 46, United
States Code, is amended by inserting ‘‘or beyond three nau-
tical miles from the coastline of the Great Lakes’’ after
‘‘high seas’’.
TITLE IV—MISCELLANEOUS
SEC. 401. TRANSFER OF COAST GUARD PROPERTY IN TRA-
VERSE CITY, MICHIGAN.
(a) REQUIREMENT.—The Secretary of Transportation
(or any other official having control over the property de-
scribed in subsection (b)) shall expeditiously convey to the
Traverse City Area Public School District in Traverse City,
Michigan, without consideration, all right, title, and inter-
est 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 Tra-
verse City, Grand Traverse County, Michigan, and consist-
to the United States if the property, or any part thereof,
ceases to be used by the Traverse City School District.
SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN
KETCHIKAN, ALASKA.
(a) CONVEYANCE REQUIREMENT.—The Secretary of
Transportation shall convey to the Ketchikan Indian Cor-
poration in Ketchikan, Alaska, without reimbursement and
by no later than 120 days after the date of enactment of
this Act, all right, title, and interest of the United States
in and to the property known as the ‘‘Former Marine Safe-
ty Detachment’’ as identified in Report of Excess Number
CG–689 (GSA Control Number 9–U–AK–0747) and de-
scribed in subsection (b), for use by the Ketchikan Indian
Corporation as a health or social services facility.
(b) PROPERTY DESCRIBED.—The property referred to
in subsection (a) is real property located in the city of
Ketchikan, Township 75 south, range 90 east, Copper River
Meridian, First Judicial District, State of Alaska, and
commencing at corner numbered 10, United States Survey
numbered 1079, the true point of beginning for this descrip-
tion: Thence north 24 degrees 04 minutes east, along the
10–11 line of said survey a distance of 89.76 feet to corner
numbered 1 of lot 5B; thence south 65 degrees 56 minutes
east a distance of 345.18 feet to corner numbered 2 of lot
5B; thence south 24 degrees 04 minutes west a distance of
101.64 feet to corner numbered 3 of lot 5B; thence north
64 degrees 01 minute west a distance of 346.47 feet to corner
numbered 10 of said survey, to the true point of beginning,
consisting of 0.76 acres (more or less), and all improve-
ments located on that property, including buildings, struc-
tures, 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 immediately revert
to the United States if the property, or any part thereof,
ceases to be used by the Ketchikan Indian Corporation as
a health or social services facility.
SEC. 403. ELECTRONIC FILING OF COMMERCIAL INSTRU-
MENTS.
Section 31321(a) of title 46, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(4)(A) A bill of sale, conveyance, mortgage, assign-
ment, or related instrument may be filed electronically
under regulations prescribed by the Secretary.
‘‘(B) A filing made electronically under subparagraph
(A) shall not be effective after the 10-day period beginning
on the date of the filing unless the original instrument is
provided to the Secretary within that 10-day period.’’.
SEC. 404. BOARD FOR CORRECTION OF MILITARY RECORDS
DEADLINE.
(a) REMEDIES DEEMED EXHAUSTED.—Ten months
after a complete application for correction of military
records is received by the Board for Correction of Military
Records of the Coast Guard, administrative remedies are
deemed to have been exhausted, and—
(1) if the Board has rendered a recommended de-
cision, its recommendation shall be final agency ac-
tion and not subject to further review or approval
within the Department of Transportation; or
(2) if the Board has not rendered a recommended
decision, agency action is deemed to have been unrea-
sonably delayed or withheld and the applicant is enti-
tled to—
(A) an order under section 706(1) of title 5,
United States Code, directing final action be
taken within 30 days from the date the order is
entered; and
(B) from amounts appropriated to the De-
partment of Transportation, the costs of obtain-
ing the order, including a reasonable attorney’s
fee.
(b) EXISTING DEADLINE MANDATORY.—The 10-month
deadline established in section 212 of the Coast Guard Au-
thorization Act of 1989 (Public Law 101–225, 103 Stat.
1914) is mandatory.
(c) APPLICATION.—This section applies to all applica-
tions filed with or pending before the Board or the Secretary
of Transportation on or after June 12, 1990. For applica-
tions that were pending on June 12, 1990, the 10-month
deadline referred to in subsection (b) shall be calculated
from June 12, 1990.
SEC. 405. JUDICIAL SALE OF CERTAIN DOCUMENTED VES-
SELS TO ALIENS.
Section 31329 of title 46, United States Code, is
amended by adding at the end the following new subsection:
‘‘(f) This section does not apply to a documented vessel
that has been operated only—
‘‘(1) as a fishing vessel, fish processing vessel, or
fish tender vessel; or
‘‘(2) for pleasure.’’.
SEC. 406. IMPROVED AUTHORITY TO SELL RECYCLABLE
MATERIAL.
Section 641(c)(2) of title 14, United States Code, is
amended by inserting before the period the following: ‘‘, ex-
cept that the Commandant may conduct sales of materials
for which the proceeds of sale will not exceed $5,000 under
regulations prescribed by the Commandant’’.
SEC. 407. RECRUITMENT OF WOMEN AND MINORITIES.
Not later than January 31, 1996, the Commandant
of the Coast Guard shall report to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Trans-
portation of the Senate, on the status of and the problems
in recruitment of women and minorities into the Coast
Guard. The report shall contain specific plans to increase
the recruitment of women and minorities and legislative
recommendations needed to increase the recruitment of
women and minorities.
SEC. 408. LIMITATION OF CERTAIN STATE AUTHORITY
OVER VESSELS.
(a) SHORT TITLE.—This section may be cited as the
‘‘California Cruise Industry Revitalization Act’’.
(b) LIMITATION.—Section 5(b)(2) of the Act of Janu-
ary 2, 1951 (15 U.S.C. 1175(b)(2)), commonly referred to
as the ‘‘Johnson Act’’, is amended by adding at the end
the following:
‘‘(C) EXCLUSION OF CERTAIN VOYAGES AND
SEGMENTS.—Except for a voyage or segment of
a voyage that occurs within the boundaries of the
State of Hawaii, a voyage or segment of a voy-
age is not described in subparagraph (B) if it
includes or consists of a segment—