IIA
104TH CONGRESS
1ST SESSION
H. R. 1361
IN THE SENATE OF THE UNITED STATES
MAY 11 (legislative day, MAY 1), 1995
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To authorize appropriations for fiscal year 1996 for the
Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Author-
ization Act For Fiscal Year 1996’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Quarterly reports on drug interdiction.
Sec. 104. Ensuring maritime safety after closure of small boat station or reduc-
tion to seasonal status.
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.
Sec. 311. Extension of Towing Safety Advisory Committee.
TITLE IV—MISCELLANEOUS
Sec. 401. Transfer of Coast Guard property in Traverse City, Michigan.
Sec. 402. Transfer of Coast Guard property in Ketchikan, Alaska.
Sec. 403. Electronic filing of commercial instruments.
Sec. 404. Board for correction of military records deadline.
Sec. 405. Judicial sale of certain documented vessels to aliens.
Sec. 406. Improved authority to sell recyclable material.
Sec. 407. Recruitment of women and minorities.
Sec. 408. Limitation of certain State authority over vessels.
Sec. 409. Vessel financing.
Sec. 410. Sense of Congress; requirement regarding notice.
Sec. 411. Special selection boards.
Sec. 412. Availability of extrajudicial remedies for default on preferred mort-
gage liens on vessels.
Sec. 413. Implementation of water pollution laws with respect to vegetable oil.
Sec. 414. Certain information from marine casualty investigations barred in
legal proceedings.
Sec. 415. Report on LORAN–C requirements.
Sec. 416. Limited double hull exemptions.
Sec. 417. Oil spill response vessels.
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.
Sec. 421. Limitation on consolidation or relocation of Houston and Galveston
marine safety offices.
Sec. 422. Sense of the Congress regarding funding for Coast Guard.
Sec. 423. Conveyance of Light Station, Montauk Point, New York.
Sec. 424. Conveyance of Cape Ann Lighthouse, Thachers Island, Massachu-
setts.
Sec. 425. Amendments to Johnson Act.
Sec. 426. Transfer of Coast Guard property in Gosnold, Massachusetts.
Sec. 427. Transfer of Coast Guard property in New Shoreham, Rhode Island.
Sec. 428. Vessel deemed to be a recreational vessel.
Sec. 429. Requirement for procurement of buoy chain.
Sec. 430. Cruise vessel tort reform.
Sec. 431. Limitation on fees and charges with respect to ferries.
TITLE V—COAST GUARD REGULATORY REFORM
Sec. 501. Short title.
Sec. 502. Safety management.
Sec. 503. Use of reports, documents, records, and examinations of other per-
sons.
Sec. 504. Equipment approval.
Sec. 505. Frequency of inspection.
Sec. 506. Certificate of inspection.
Sec. 507. Delegation of authority of Secretary to classification societies.
TITLE VI—DOCUMENTATION OF VESSELS
Sec. 601. Authority to issue coastwise endorsements.
Sec. 602. Vessel documentation for charity cruises.
Sec. 603. Extension of deadline for conversion of vessel M/V TWIN DRILL.
Sec. 604. Documentation of vessel RAINBOW’S END.
Sec. 605. Documentation of vessel GLEAM.
Sec. 606. Documentation of various vessels.
Sec. 607. Documentation of 4 barges.
Sec. 608. Limited waiver for ENCHANTED ISLE and ENCHANTED SEAS.
Sec. 609. Limited waiver for MV PLATTE.
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 nec-
essary expenses of the Coast Guard for fiscal year 1996,
as follows:
(1) For the operation and maintenance of the
Coast Guard, $2,618,316,000, of which $25,000,000
shall be derived from the Oil Spill Liability Trust
Fund.
(2) For the acquisition, construction, rebuild-
ing, and improvement of aids to navigation, shore
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto, $428,200,000, to re-
main available until expended, of which $32,500,000
shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors
directly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
fense readiness, $22,500,000, to remain available
until expended, of which $3,150,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollu-
tion Act of 1990.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Bene-
fit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of
title 10, United States Code, $582,022,000.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting
obstructions to navigation, and for personnel and
administrative costs associated with the Bridge Al-
teration Program, $16,200,000, to remain available
until expended.
(6) For necessary expenses to carry out the
Coast Guard’s environmental compliance and res-
toration functions, other than parts and equipment
associated with operations and maintenance, under
chapter 19 of title 14, United States Code, at Coast
Guard facilities, $25,000,000, to remain available
until expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH
AND TRAINING.
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is
authorized an end-of-year strength for active duty person-
nel of 38,400 as of September 30, 1996.
(b) MILITARY TRAINING STUDENT LOADS.—For fis-
cal year 1996, the Coast Guard is authorized average mili-
tary training student loads as follows:
(1) For recruit and special training, 1604 stu-
dent years.
(2) For flight training, 85 student years.
(3) For professional training in military and
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 ac-
tivities of the Coast Guard during that quarter.
SEC. 104. ENSURING MARITIME SAFETY AFTER CLOSURE
OF SMALL BOAT STATION OR REDUCTION TO
SEASONAL STATUS.
(a) MARITIME SAFETY DETERMINATION.—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 deter-
mines that maritime safety will not be diminished by the
closures.
(b) TRANSITION PLAN REQUIRED.—None of the
funds appropriated under the authority of this Act may
be used to close or reduce to seasonal status a small boat
station, unless the Secretary of Transportation, in co-
operation with the community affected by the closure or
reduction, has developed and implemented a transition
plan to ensure that the maritime safety needs of the com-
munity will continue to be met.
TITLE II—PERSONNEL
MANAGEMENT IMPROVEMENT
SEC. 201. HURRICANE ANDREW RELIEF.
Section 2856 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484) applies
to the military personnel of the Coast Guard who were
assigned to, or employed at or in connection with, any
Federal facility or installation in the vicinity of Homestead
Air Force Base, Florida, including the areas of Broward,
Collier, Dade, and Monroe Counties, on or before August
24, 1992, except that—
(1) funds available to the Coast Guard, not to
exceed a total of $25,000, shall be used; and
(2) the Secretary of Transportation shall ad-
minister that section with respect to Coast Guard
personnel.
SEC. 202. EXCLUDE CERTAIN RESERVES FROM END-OF-
YEAR STRENGTH.
Section 712 of title 14, United States Code, is
amended by adding at the end the following:
‘‘(d) Reserve members ordered to active duty under
this section shall not be counted in computing authorized
strength of members on active duty or members in grade
under this title or under any other law.’’.
SEC. 203. PROVISION OF CHILD DEVELOPMENT SERVICES.
Section 93 of title 14, United States Code, is amend-
ed by striking ‘‘and’’ after the semicolon at the end of
paragraph (t)(2), by striking the period at the end of para-
graph (u) and inserting ‘‘; and’’, and by adding at the
end the following new paragraph:
‘‘(v) make child development services available
to members of the armed forces and Federal civilian
employees under terms and conditions comparable to
those under the Military Child Care Act of 1989 (10
U.S.C. 113 note).’’.
SEC. 204. ACCESS TO NATIONAL DRIVER REGISTER INFOR-
MATION ON CERTAIN COAST GUARD PERSON-
NEL.
(a) AMENDMENT TO TITLE 14.—Section 93 of title
14, United States Code, as amended by section 203, is
further amended—
(1) by striking ‘‘and’’ after the semicolon at the
end of paragraph (u);
(2) by striking the period at the end of para-
graph (v) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(w) require that any officer, chief warrant offi-
cer, or enlisted member of the Coast Guard or Coast
Guard Reserve (including a cadet or an applicant for
appointment or enlistment to any of the foregoing
and any member of a uniformed service who is as-
signed to the Coast Guard) request that all informa-
tion contained in the National Driver Register per-
taining to the individual, as described in section
30304(a) of title 49, be made available to the Com-
mandant under section 30305(a) of title 49, may re-
(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
service, unless earlier removed under another provi-
sion of law; or
‘‘(C) if, on the date specified for the officer’s
discharge in this section, the officer has completed
at least 20 years of active service or is eligible for
retirement 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 si-
phon that is adjacent to the bridge as an appurtenance
of the bridge, including with respect to apportionment and
payment of costs for the removal of the drainage siphon
in accordance with that Act.
SEC. 303. RENEWAL OF HOUSTON-GALVESTON NAVIGATION
SAFETY ADVISORY COMMITTEE AND LOWER
MISSISSIPPI RIVER WATERWAY ADVISORY
COMMITTEE.
The Coast Guard Authorization Act of 1991 (Public
Law 102–241, 105 Stat. 2208–2235) is amended—
(1) in section 18 by adding at the end the fol-
lowing:
‘‘(h) The Committee shall terminate on October 1,
2000.’’; and
(2) in section 19 by adding at the end the fol-
lowing:
‘‘(g) The Committee shall terminate on October 1,
2000.’’.
SEC. 304. RENEWAL OF THE NAVIGATION SAFETY ADVI-
SORY COUNCIL.
(a) RENEWAL.—Section 5(d) of the Inland Naviga-
tional Rules Act of 1980 (33 U.S.C. 2073) is amended
by striking ‘‘September 30, 1995’’ and inserting ‘‘Septem-
ber 30, 2000’’.
(b) CLERICAL AMENDMENT.—The section heading
for section 5(d) of the Inland Navigational Rules Act of
1980 (33 U.S.C. 2073) is amended by striking ‘‘Rules of
the Road Advisory Council’’ and inserting ‘‘Navigation
Safety Advisory Council’’.
SEC. 305. RENEWAL OF COMMERCIAL FISHING INDUSTRY
VESSEL ADVISORY COMMITTEE.
Subsection (e)(1) of section 4508 of title 46, United
States Code, is amended by striking ‘‘September 30,
1994’’ and inserting ‘‘October 1, 2000’’.
SEC. 306. NONDISCLOSURE OF PORT SECURITY PLANS.
Section 7 of the Ports and Waterways Safety Act (33
U.S.C. 1226), is amended by adding at the end the follow-
ing new subsection (c):
‘‘(c) NONDISCLOSURE OF PORT SECURITY PLANS.—
Notwithstanding any other provision of law, information
related to security plans, procedures, or programs for pas-
senger vessels or passenger terminals authorized under
this Act is not required to be disclosed to the public.’’.
SEC. 307. MARITIME DRUG AND ALCOHOL TESTING PRO-
GRAM CIVIL PENALTY.
(a) PENALTY IMPOSED.—Chapter 21 of title 46,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2115. Civil penalty to enforce alcohol and dan-
gerous drug testing
‘‘Any person who fails to comply with or otherwise
violates the requirements prescribed by the Secretary
under this subtitle for chemical testing for dangerous
drugs or for evidence of alcohol use is liable to the United
States Government for a civil penalty of not more than
$1,000 for each violation. Each day of a continuing viola-
tion shall constitute a separate violation.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 21 of title 46, United States
Code, is amended by inserting after the item relating to
section 2114 the following new item:
‘‘2115. Civil penalty to enforce alcohol and dangerous drug testing.’’.
SEC. 308. WITHHOLDING VESSEL CLEARANCE FOR VIOLA-
TION OF CERTAIN ACTS.
(a) TITLE 49, UNITED STATES CODE.—Section 5122
of title 49, United States Code, is amended by adding at
the end the following new subsection:
‘‘(c) WITHHOLDING
OF CLEARANCE.—(1) If any
owner, operator, or person in charge of a vessel is liable
for a civil penalty under section 5123 of this title or for
a fine under section 5124 of this title, or if reasonable
cause exists to believe that such owner, operator, or person
in charge may be subject to such a civil penalty or fine,
the Secretary of the Treasury, upon the request of the
Secretary, shall with respect to such vessel refuse or re-
voke any clearance required by section 4197 of the Revised
Statutes of the United States (46 App. U.S.C. 91).
‘‘(2) Clearance refused or revoked under this sub-
section may be granted upon the filing of a bond or other
surety satisfactory to the Secretary.’’.
(b) PORT AND WATERWAYS SAFETY ACT.—Section
13(f) of the Ports and Waterways Safety Act (33 U.S.C.
1232(f)) is amended to read as follows:
‘‘(f) WITHHOLDING
OF CLEARANCE.—(1) If any
owner, operator, or person in charge of a vessel is liable
for a penalty or fine under this section, or if reasonable
cause exists to believe that the owner, operator, or person
in charge may be subject to a penalty or fine under this
section, the Secretary of the Treasury, upon the request
of the Secretary, shall with respect to such vessel refuse
or revoke any clearance required by section 4197 of the
Revised Statutes of the United States (46 App. U.S.C.
91).
‘‘(2) Clearance refused or revoked under this sub-
section may be granted upon filing of a bond or other sur-
ety satisfactory to the Secretary.’’.
(c) INLAND NAVIGATION RULES ACT OF 1980.—Sec-
tion 4(d) of the Inland Navigational Rules Act of 1980
(33 U.S.C. 2072(d)) is amended to read as follows:
‘‘(d) WITHHOLDING
OF CLEARANCE.—(1) If any
owner, operator, or person in charge of a vessel is liable
for a penalty under this section, or if reasonable cause
exists to believe that the owner, operator, or person in
charge may be subject to a penalty under this section, the
Secretary of the Treasury, upon the request of the Sec-
retary, shall with respect to such vessel refuse or revoke
any clearance required by section 4197 of the Revised
Statutes of the United States (46 App. U.S.C. 91).
‘‘(2) Clearance or a permit refused or revoked under
this subsection may be granted upon filing of a bond or
other surety satisfactory to the Secretary.’’.
(d) TITLE 46, UNITED STATES CODE.—Section
3718(e) of title 46, United States Code, is amended to
read as follows:
‘‘(e)(1) If any owner, operator, or person in charge
of a vessel is liable for any penalty or fine under this sec-
tion, or if reasonable cause exists to believe that the
owner, operator, or person in charge may be subject to
any penalty or fine under this section, the Secretary of
the Treasury, upon the request of the Secretary, shall with
respect to such vessel refuse or revoke any clearance re-
quired by section 4197 of the Revised Statutes of the
United States (46 U.S.C. App. 91).
‘‘(2) Clearance or a permit refused or revoked under
this subsection may be granted upon filing of a bond or
other surety satisfactory to the Secretary.’’.
SEC. 309. INCREASED CIVIL PENALTIES.
(a) PENALTY
FOR FAILURE TO REPORT
A CAS-
UALTY.—Section 6103(a) of title 46, United States Code,
is amended by striking ‘‘$1,000’’ and inserting ‘‘not more
than $25,000’’.
(b) OPERATION OF UNINSPECTED VESSEL IN VIOLA-
TION
OF MANNING REQUIREMENTS.—Section 8906 of
title 46, United States Code, is amended by striking
‘‘$1,000’’ and inserting ‘‘not more than $25,000’’.
SEC. 310. AMENDMENT TO REQUIRE EMERGENCY POSITION
INDICATING RADIO BEACONS ON THE GREAT
LAKES.
Paragraph (7) of section 4502(a) of title 46, United
States Code, is amended by inserting ‘‘or beyond three
nautical miles from the coastline of the Great Lakes’’ after
‘‘high seas’’.
SEC. 311. EXTENSION OF TOWING SAFETY ADVISORY COM-
MITTEE.
Subsection (e) of the Act to establish a Towing Safety
Advisory Committee in the Department of Transportation
(33 U.S.C. 1231a(e)), is amended by striking ‘‘September
30, 1995’’ and inserting ‘‘October 1, 2000’’.
TITLE IV—MISCELLANEOUS
SEC. 401. TRANSFER OF COAST GUARD PROPERTY IN TRA-
VERSE CITY, MICHIGAN.
(a) REQUIREMENT.—The Secretary of Transpor-
tation (or any other official having control over the prop-
erty described in subsection (b)) shall expeditiously convey
to the Traverse City Area Public School District in Tra-
verse City, Michigan, without consideration, all right, title,
and interest of the United States in and to the property
described in subsection (b), subject to all easements and
other interests in the property held by any other person.
(b) PROPERTY DESCRIBED.—The property referred
to in subsection (a) is real property located in the city
of Traverse City, Grand Traverse County, Michigan, and
consisting of that part of the southeast 1⁄4 of Section 12,
Township 27 North, Range 11 West, described as: Com-
mencing at the southeast 1⁄4 corner of said Section 12,
thence north 03 degrees 05 minutes 25 seconds east along
the East line of said Section, 1074.04 feet, thence north
86 degrees 36 minutes 50 seconds west 207.66 feet,
thence north 03 degrees 06 minutes 00 seconds east
572.83 feet to the point of beginning, thence north 86 de-
grees 54 minutes 00 seconds west 1,751.04 feet, thence
north 03 degrees 02 minutes 38 seconds east 330.09 feet,
thence north 24 degrees 04 minutes 40 seconds east
439.86 feet, thence south 86 degrees 56 minutes 15 sec-
onds east 116.62 feet, thence north 03 degrees 08 minutes
45 seconds east 200.00 feet, thence south 87 degrees 08
minutes 20 seconds east 68.52 feet, to the southerly right-
of-way of the C & O Railroad, thence south 65 degrees
54 minutes 20 seconds east along said right-of-way
1508.75 feet, thence south 03 degrees 06 minutes 00 sec-
onds west 400.61 to the point of beginning, consisting of
27.10 acres of land, and all improvements located on that
property including buildings, structures, and equipment.
(c) REVERSIONARY INTEREST.—In addition to any
term or condition established pursuant to subsection (a),
any conveyance of property described in subsection (b)
shall be subject to the condition that all right, title, and
interest in and to the property so conveyed shall imme-
diately revert to the United States if the property, or any
part thereof, ceases to be used by the Traverse City School
District.
SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN
KETCHIKAN, ALASKA.
(a) CONVEYANCE REQUIREMENT.—The Secretary of
Transportation shall convey to the Ketchikan Indian Cor-
poration in Ketchikan, Alaska, without reimbursement
and by no later than 120 days after the date of enactment
of this Act, all right, title, and interest of the United
States in and to the property known as the ‘‘Former Ma-
rine Safety Detachment’’ as identified in Report of Excess
Number CG–689 (GSA Control Number 9–U–AK–0747)
and described in subsection (b), for use by the Ketchikan
Indian Corporation as a health or social services facility.
(b) PROPERTY DESCRIBED.—The property referred
to in subsection (a) is real property located in the city
of Ketchikan, Township 75 south, range 90 east, Copper
River Meridian, First Judicial District, State of Alaska,
and commencing at corner numbered 10, United States
Survey numbered 1079, the true point of beginning for
this description: Thence north 24 degrees 04 minutes east,
along the 10–11 line of said survey a distance of 89.76
feet to corner numbered 1 of lot 5B; thence south 65 de-
grees 56 minutes east a distance of 345.18 feet to corner
numbered 2 of lot 5B; thence south 24 degrees 04 minutes
west a distance of 101.64 feet to corner numbered 3 of
lot 5B; thence north 64 degrees 01 minute west a distance
of 346.47 feet to corner numbered 10 of said survey, to
the true point of beginning, consisting of 0.76 acres (more
or less), and all improvements located on that property,
including buildings, structures, and equipment.
(c) REVERSIONARY INTEREST.—In addition to any
term or condition established pursuant to subsection (a),
any conveyance of property described in subsection (b)
shall be subject to the condition that all right, title, and
interest in and to the property so conveyed shall imme-
diately revert to the United States if the property, or any
part thereof, ceases to be used by the Ketchikan Indian
Corporation as a health or social services facility.
SEC. 403. ELECTRONIC FILING OF COMMERCIAL INSTRU-
MENTS.
Section 31321(a) of title 46, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(4)(A) A bill of sale, conveyance, mortgage, assign-
ment, or related instrument may be filed electronically
under regulations prescribed by the Secretary.
‘‘(B) A filing made electronically under subparagraph
(A) shall not be effective after the 10-day period beginning
on the date of the filing unless the original instrument
is provided to the Secretary within that 10-day period.’’.
SEC. 404. BOARD FOR CORRECTION OF MILITARY RECORDS
DEADLINE.
(a) REMEDIES DEEMED EXHAUSTED.—Ten months
after a complete application for correction of military
records is received by the Board for Correction of Military
Records of the Coast Guard, administrative remedies are
deemed to have been exhausted, and—
(1) if the Board has rendered a recommended
decision, its recommendation shall be final agency
action and not subject to further review or approval
within the Department of Transportation; or
(2) if the Board has not rendered a rec-
ommended decision, agency action is deemed to have
been unreasonably delayed or withheld and the ap-
plicant is entitled to—
(A) an order under section 706(1) of title
5, United States Code, directing final action be
taken within 30 days from the date the order
is entered; and
(B) from amounts appropriated to the De-
partment of Transportation, the costs of obtain-
ing the order, including a reasonable attorney’s
fee.
(b) EXISTING DEADLINE MANDATORY.—The 10-
month deadline established in section 212 of the Coast
Guard Authorization Act of 1989 (Public Law 101–225,
103 Stat. 1914) is mandatory.
(c) APPLICATION.—This section applies to all appli-
cations filed with or pending before the Board or the Sec-
retary of Transportation on or after June 12, 1990. For
applications that were pending on June 12, 1990, the 10-
month deadline referred to in subsection (b) shall be cal-
culated from June 12, 1990.
SEC. 405. JUDICIAL SALE OF CERTAIN DOCUMENTED VES-
SELS TO ALIENS.
Section 31329 of title 46, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(f) This section does not apply to a documented ves-
sel that has been operated only—
‘‘(1) as a fishing vessel, fish processing vessel,
or fish tender vessel; or
‘‘(2) for pleasure.’’.
SEC. 406. IMPROVED AUTHORITY TO SELL RECYCLABLE
MATERIAL.
Section 641(c)(2) of title 14, United States Code, is
amended by inserting before the period the following: ‘‘,
except that the Commandant may conduct sales of mate-
rials for which the proceeds of sale will not exceed $5,000
under regulations prescribed by the Commandant’’.
SEC. 407. RECRUITMENT OF WOMEN AND MINORITIES.
Not later than January 31, 1996, the Commandant
of the Coast Guard shall report to the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate, on the status of and
the problems in recruitment of women and minorities into
the Coast Guard. The report shall contain specific plans
to increase the recruitment of women and minorities and
legislative recommendations needed to increase the re-
cruitment of women and minorities.
SEC. 408. LIMITATION OF CERTAIN STATE AUTHORITY
OVER VESSELS.
(a) SHORT TITLE.—This section may be cited as the
‘‘California Cruise Industry Revitalization Act’’.
(b) LIMITATION.—Section 5(b)(2) of the Act of Janu-
ary 2, 1951 (15 U.S.C. 1175(b)(2)), commonly referred
to as the ‘‘Johnson Act’’, is amended by adding at the
end the following:
‘‘(C) EXCLUSION
OF
CERTAIN
VOYAGES
AND SEGMENTS.—Except for a voyage or seg-
ment of a voyage that occurs within the bound-
aries of the State of Hawaii, a voyage or seg-
ment of a voyage is not described in subpara-
graph (B) if it includes or consists of a seg-
ment—
‘‘(i) that begins and ends in the same
State;
‘‘(ii) that is part of a voyage to an-
other State or to a foreign country; and
‘‘(iii) in which the vessel reaches the
other State or foreign country within 3
days after leaving the State in which it be-
gins.’’.
SEC. 409. VESSEL FINANCING.
(a) DOCUMENTATION CITIZEN ELIGIBLE MORTGA-
GEE.—Section 31322(a)(1)(D) of title 46, United States
Code, is amended—
(1) 
by 
striking 
‘‘or’’ 
at 
the 
end 
of
31322(a)(1)(D)(v) and inserting ‘‘or’’ at the end of
31322(a)(1)(D)(vi); and
(2) by adding at the end a new subparagraph
as follows:
‘‘(vii) a person eligible to own a docu-
mented vessel under chapter 121 of this title.’’.
(b) AMENDMENT TO TRUSTEE RESTRICTIONS.—Sec-
tion 31328(a) of title 46, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of 31328(a)(3)
and inserting ‘‘or’’ at the end of 31328(a)(4); and
(2) by adding at the end a new subparagraph
as follows:
‘‘(5) is a person eligible to own a documented
vessel under chapter 121 of this title.’’.
(c) LEASE FINANCING.—Section 12106 of title 46,
United States Code, is amended by adding at the end the
following new subsections:
‘‘(e)(1) A certificate of documentation for a vessel
may be endorsed with a coastwise endorsement if—
‘‘(A) the vessel is eligible for documentation
under section 12102;
‘‘(B) the person that owns the vessel, a parent
entity of that person, or a subsidiary of a parent en-
tity of that person, is engaged in lease financing;
‘‘(C) 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;
‘‘(D) the demise charter is for—
‘‘(i) a period of at least 3 years; or
‘‘(ii) a shorter period as may be prescribed
by the Secretary; and
‘‘(E) the vessel is otherwise qualified under this
section to be employed in the coastwise trade.
‘‘(2) Upon default by a bareboat charterer of a de-
mise charter required under paragraph (1)(D), the coast-
wise endorsement of the vessel may, in the sole discretion
of the Secretary, be continued after the termination for
default of the demise charter for a period not to exceed
6 months on terms and conditions as the Secretary may
prescribe.
‘‘(3) For purposes of section 2 of the Shipping Act,
1916, and section 12102(a) of this title, a vessel meeting
the criteria of subsection is deemed to be owned exclusively
by citizens of the United States.’’.
(d) CONFORMING AMENDMENT.—Section 9(c) of the
Shipping Act, 1916, as amended (46 App. U.S.C. 808(c))
is amended by inserting ‘‘12106(e),’’ after the word ‘‘sec-
tions’’ and before 31322(a)(1)(D).
SEC. 410. SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products
purchased with funds made available under this Act
should be American-made.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the official
responsible for providing the assistance, to the greatest
extent practicable, shall provide to each recipient of the
assistance a notice describing the statement made in sub-
section (a) by the Congress.
SEC. 411. SPECIAL SELECTION BOARDS.
(a) REQUIREMENT.—Chapter 21 of title 14, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 747. Special selection boards
‘‘(a) The Secretary shall provide for special selection
boards to consider the case of any officer who is eligible
for promotion who—
‘‘(1) was not considered for selection for pro-
motion by a selection board because of administra-
tive error; or
‘‘(2) was considered for selection for promotion
by a selection board but not selected because—
‘‘(A) the action of the board that consid-
ered the officer was contrary to law or involved
a material error of fact or material administra-
tive error; or
‘‘(B) the board that considered the officer
did not have before it for its consideration ma-
terial information.
‘‘(b) Not later than 6 months after the date of the
enactment of the Coast Guard Authorization Act For Fis-
cal Year 1996, the Secretary shall issue regulations to im-
plement this section. The regulations shall conform, as ap-
propriate, to the regulations and procedures issued by the
Secretary of Defense for special selection boards under
section 628 of title 10, United States Code.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 21 of title 14, United States Code, is amended
by adding after the item for section 746 the following:
‘‘747. Special selection boards.’’.
SEC. 412. AVAILABILITY OF EXTRAJUDICIAL REMEDIES
FOR DEFAULT ON PREFERRED MORTGAGE
LIENS ON VESSELS.
(a) AVAILABILITY OF EXTRAJUDICIAL REMEDIES.—
Section 31325(b) of title 46, United States Code, is
amended—
(1) in the matter preceding paragraph (1) by
striking ‘‘mortgage may’’ and inserting ‘‘mortgagee
may’’;
(2) in paragraph (1) by—
(A) striking ‘‘perferred’’ and inserting
‘‘preferred’’; and
(B) striking ‘‘; and’’ and inserting a semi-
colon; and
(3) by adding at the end the following:
‘‘(3) enforce the preferred mortgage lien or a
claim for the outstanding indebtedness secured by
the mortgaged vessel, or both, by exercising any
other remedy (including an extrajudicial remedy)
against a documented vessel, a vessel for which an
application for documentation is filed under chapter
121 of this title, a foreign vessel, or a mortgagor,
maker, comaker, or guarantor for the amount of the
outstanding indebtedness or any deficiency in full
payment of that indebtedness, if—
‘‘(A) the remedy is allowed under applica-
ble law; and
‘‘(B) the exercise of the remedy will not re-
sult in a violation of section 9 or 37 of the
Shipping Act, 1916 (46 App. U.S.C. 808,
835).’’.
(b) NOTICE.—Section 31325 of title 46, United
States Code, is further amended by adding at the end the
following:
‘‘(f)(1) Before title to the documented vessel or vessel
for which an application for documentation is filed under
chapter 121 is transferred by an extrajudicial remedy, the
person exercising the remedy shall give notice of the pro-
posed transfer to the Secretary, to the mortgagee of any
mortgage on the vessel filed in substantial compliance with
section 31321 of this title before notice of the proposed
transfer is given to the Secretary, and to any person that
recorded a notice of a claim of an undischarged lien on
the vessel under section 31343(a) or (d) of this title before
notice of the proposed transfer is given to the Secretary.
‘‘(2) Failure to give notice as required by this sub-
section shall not affect the transfer of title to a vessel.
However, the rights of any holder of a maritime lien or
a preferred mortgage on the vessel shall not be affected
by a transfer of title by an extrajudicial remedy exercised
under this section, regardless of whether notice is required
by this subsection or given.
‘‘(3) The Secretary shall prescribe regulations estab-
lishing the time and manner for providing notice under
this subsection.’’.
(c) RULE
OF CONSTRUCTION.—The amendments
made by subsections (a) and (b) may not be construed
to imply that remedies other than judicial remedies were
not available before the date of enactment of this section
to enforce claims for outstanding indebtedness secured by
mortgaged vessels.
SEC. 413. IMPLEMENTATION OF WATER POLLUTION LAWS
WITH RESPECT TO VEGETABLE OIL.
(a) DIFFERENTIATION AMONG FATS, OILS, AND
GREASES.—
(1) IN
GENERAL.—In issuing or enforcing a
regulation, an interpretation, or a guideline relating
to a fat, oil, or grease under a Federal law related
to water pollution control, the head of a Federal
agency shall—
(A) differentiate between and establish
separate classes for—
(i)(I) animal fats; and
(II) vegetable oils; and
(ii) other oils, including petroleum oil;
and
(B) apply different standards to different
classes of fat and oil as provided in paragraph
(2).
(2) CONSIDERATIONS.—In differentiating be-
tween the classes of animal fats and vegetable oils
referred to in paragraph (1)(A)(i) and the classes of
oils described in paragraph (1)(A)(ii), the head of a
Federal agency shall consider differences in physical,
chemical, biological, and other properties, and in the
environmental effects, of the classes.
(b) FINANCIAL RESPONSIBILITY.—
(1) LIMITS ON LIABILITY.—Section 1004(a)(1)
of the Oil Pollution Act of 1990 (33 U.S.C.
2704(a)(1)) is amended by striking ‘‘for a tank ves-
sel,’’ and inserting ‘‘for a tank vessel carrying oil in
bulk as cargo or cargo residue (except a tank vessel
on which the only oil carried is an animal fat or veg-
etable oil, as those terms are defined in section
413(c) of the Coast Guard Authorization Act for
Fiscal Year 1996),’’.
(2) FINANCIAL
RESPONSIBILITY.—The first
sentence of section 1016(a) of the Act (33 U.S.C.
2716(a)) is amended by striking ‘‘, in the case of a
tank vessel, the responsible party could be subject
under section 1004(a)(1) or (d) of this Act, or to
which, in the case of any other vessel, the respon-
sible party could be subjected under section
1004(a)(2) or (d)’’ and inserting ‘‘the responsible
party could be subjected under section 1004(a) or
(d) of this Act’’.
(c) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) ANIMAL
FAT.—The term ‘‘animal fat’’
means each type of animal fat, oil, or grease, includ-
ing fat, oil, or grease from fish or a marine mammal
and any fat, oil, or grease referred to in section
61(a)(2) of title 13, United States Code.
(2) VEGETABLE OIL.—The term ‘‘vegetable oil’’
means each type of vegetable oil, including vegetable
oil from a seed, nut, or kernel and any vegetable oil
referred to in section 61(a)(1) of title 13, United
States Code.
SEC. 414. CERTAIN INFORMATION FROM MARINE CAS-
UALTY INVESTIGATIONS BARRED IN LEGAL
PROCEEDINGS.
(a) IN GENERAL.—Title 46, United States Code, is
amended by inserting after section 6307 the following new
section:
‘‘§ 6308. Information barred in legal proceedings
‘‘(a) Notwithstanding any other provision of law, any
opinion, recommendation, deliberation, or conclusion con-
tained in a report of a marine casualty investigation con-
ducted under section 6301 of this title with respect to the
cause of, or factors contributing to, the casualty set forth
in the report of the investigation is not admissible as evi-
dence or subject to discovery in any civil, administrative,
or State criminal proceeding arising from a marine cas-
ualty, other than with the permission and consent of the
Secretary of Transportation, in his or her sole discretion.
Any employee of the United States or military member
of the Coast Guard investigating a marine casualty or as-
sisting in any such investigation conducted pursuant to
section 6301 of this title, shall not be subject to deposition
or other discovery, or otherwise testify or give information
in such proceedings relevant to a marine casualty inves-
tigation, without the permission and consent of the Sec-
retary of Transportation in his or her sole discretion. In
exercising this discretion in cases where the United States
is a party, the Secretary shall not withhold permission for
an employee to testify solely on factual matters where the
information is not available elsewhere or is not obtainable
by other means. Nothing in this section prohibits the Unit-
ed States from calling an employee as an expert witness
to testify on its behalf.
‘‘(b) The information referred to in subsection (a) of
this section shall not be considered an admission of liabil-
ity by the United States or by any person referred to in
those conclusions or statements.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 63 of title 46, United States
Code, is amended by adding after the item related to sec-
tion 6307 the following:
‘‘6308. Information barred in legal proceedings.’’.
SEC. 415. REPORT ON LORAN–C REQUIREMENTS.
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary of Transportation shall
submit a report to the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science and Transportation of
the Senate, prepared in consultation with users of the
LORAN–C radionavigation system, defining the future
use of and funding for operations, maintenance, and up-
grades of the LORAN–C radionavigation system. The re-
port shall address the following:
(1) An appropriate timetable for transition
from ground-based radionavigation technology after
it is determined that satellite-based technology is
available as a sole means of safe and efficient navi-
gation.
(2) The need to ensure that LORAN–C tech-
nology purchased by the public before the year 2000
has a useful economic life.
(3) The benefits of fully utilizing the compat-
ibilities of LORAN–C technology and satellite-based
technology by all modes of transportation.
(4) The need for all agencies in the Department
of Transportation and other relevant Federal agen-
cies to share the Federal Government’s costs related
to LORAN–C technology.
SEC. 416. LIMITED DOUBLE HULL EXEMPTIONS.
Section 3703a(b) of title 46, United States Code, is
amended by—
(1) striking ‘‘or’’ at the end of paragraph (2);
(2) striking the period at the end of paragraph
(3) and inserting a semicolon; and
(3) adding at the end the following new para-
graphs:
‘‘(4) a vessel equipped with a double hull before
August 12, 1992;
‘‘(5) a barge of less than 2,000 gross tons that
is primarily used to carry deck cargo and bulk fuel
to Native villages (as that term is defined in section
3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1601)) located on or adjacent to bays or riv-
ers above 58 degrees north latitude; or
‘‘(6) a vessel in the National Defense Reserve
Fleet pursuant to section 11 of the Merchant Ship
Sales Act of 1946 (50 App. U.S.C. 1744).’’.
SEC. 417. OIL SPILL RESPONSE VESSELS.
(a) DEFINITION.—Section 2101 of title 46, United
States Code, is amended—
(1) by redesignating paragraph (20a) as para-
graph (20b); and
(2) by inserting after paragraph (20) the fol-
lowing new paragraph:
‘‘(20a) ‘oil spill response vessel’ means a vessel
that is designated in its certificate of inspection as
such a vessel, or that is adapted to respond to a dis-
charge of oil or a hazardous material.’’.
(b) EXEMPTION FROM LIQUID BULK CARRIAGE RE-
QUIREMENTS.—Section 3702 of title 46, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(f) This chapter does not apply to an oil spill re-
sponse vessel if—
‘‘(1) the vessel is used only in response-related
activities; or
‘‘(2) the vessel is—
‘‘(A) not more than 500 gross tons;
‘‘(B) designated in its certificate of inspec-
tion as an oil spill response vessel; and
‘‘(C) engaged in response-related activi-
ties.’’.
(c) MANNING.—Section 8104(p) of title 46, United
States Code, is amended to read as follows:
‘‘(p) The Secretary may prescribe the watchstanding
requirements for an oil spill response vessel.’’.
(d) MINIMUM
NUMBER
OF
LICENSED
INDIVID-
UALS.—Section 8301(e) of title 46, United States Code,
is amended to read as follows:
‘‘(e) The Secretary may prescribe the minimum num-
ber of licensed individuals for an oil spill response vessel.’’.
(e) MERCHANT
MARINER
DOCUMENT
REQUIRE-
MENTS.—Section 8701(a) of title 46, United States Code,
is amended by striking ‘‘and’’ after the semicolon at the
end of paragraph (7), by striking the period at the end
of paragraph (8) and inserting ‘‘; and’’, and by adding
at the end the following new paragraph:
‘‘(9) the Secretary may prescribe the individuals
required to hold a merchant mariner’s document
serving onboard an oil spill response vessel.’’.
(f) EXEMPTION FROM TOWING VESSEL REQUIRE-
MENT.—Section 8905 of title 46, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(c) Section 8904 of this title does not apply to an
oil spill response vessel while engaged in oil spill response
or training activities.’’.
(g) INSPECTION REQUIREMENT.—Section 3301 of
title 46, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(14) oil spill response vessels.’’.
SEC. 418. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY
REQUIREMENTS.
(a) DEFINITION OF RESPONSIBLE PARTY.—Section
1001(32)(C) of the Oil Pollution Act of 1990 (33 U.S.C.
2701(32)(C)) is amended by striking ‘‘applicable State law
or’’ and inserting ‘‘applicable State law relating to explor-
ing for, producing, or transporting oil on submerged lands
on the Outer Continental Shelf in accordance with a li-
cense or permit issued for such purpose, or under’’.
(b) AMOUNT OF FINANCIAL RESPONSIBILITY.—Sec-
tion 1016(c)(1) of the Oil Pollution Act of 1990 (33
U.S.C. 2716(c)(1)) is amended to read as follows:
‘‘(1) IN GENERAL.—
‘‘(A) EVIDENCE
OF
FINANCIAL
RESPON-
SIBILITY
REQUIRED.—Except as provided in
paragraph (2), each responsible party with re-
spect to an offshore facility described in section
1001(32)(C) located seaward of the line of ordi-
nary low water along that portion of the coast
that is in direct contact with the open sea and
the line marking the seaward limit of inland
waters that is—
‘‘(i) used for exploring for, producing,
or transporting oil; and
‘‘(ii) has the capacity to transport,
store, transfer, or otherwise handle more
than 1,000 barrels of oil at any one time,
shall establish and maintain evidence of finan-
cial responsibility in the amount required under
subparagraph (B) or (C), applicable.
‘‘(B) AMOUNT
REQUIRED
GENERALLY.—
Except as provided in subparagraph (C), for
purposes of subparagraph (A) the amount of fi-
nancial responsibility required is $35,000,000.
(1) The term ‘‘Lake Texoma’’ means the im-
poundment by that name on the Red River, located
on the border between Oklahoma and Texas.
(2) The term ‘‘small passenger vessel’’ has the
meaning given that term in section 2101 of title 46,
United States Code.
SEC. 421. LIMITATION ON CONSOLIDATION OR RELOCA-
TION OF HOUSTON AND GALVESTON MARINE
SAFETY OFFICES.
The Secretary of Transportation may not consolidate
or relocate the Coast Guard Marine Safety Offices in Gal-
veston, Texas, and Houston, Texas.
SEC. 422. 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. 423. CONVEYANCE OF LIGHT STATION, MONTAUK
POINT, NEW YORK.
(a) CONVEYANCE REQUIREMENT.—
(1) REQUIREMENT.—The Secretary of Trans-
portation shall convey to the Montauk Historical As-
sociation in Montauk, New York, by an appropriate
means of conveyance, all right, title, and interest of
the United States in and to property comprising
Light Station Montauk Point, located at Montauk,
New York.
(2) DETERMINATION OF PROPERTY.—The Sec-
retary may identify, describe, and determine the
property to be conveyed pursuant to this section.
(b) TERMS OF CONVEYANCE.—
(1) IN
GENERAL.—A conveyance of property
pursuant to this section shall be made—
(A) without the payment of consideration;
and
(B) subject to the conditions required by
paragraphs (3) and (4) and such other terms
and conditions as the Secretary may consider
appropriate.
(2) REVERSIONARY
INTEREST.—Any convey-
ance of property pursuant to this section shall be
subject to the condition that all right, title, and in-
terest in the Montauk Light Station shall imme-
diately revert to the United States if the Montauk
Light Station ceases to be maintained as a nonprofit
center for public benefit for the interpretation and
preservation of the material culture of the United
States Coast Guard, the maritime history of
Montauk, New York, and Native American and colo-
nial history.
(3) MAINTENANCE OF NAVIGATION AND FUNC-
TIONS.—Any conveyance of property pursuant to
this section shall be subject to such conditions as the
Secretary considers to be necessary to assure that—
(A) the light, antennas, sound signal, and
associated lighthouse equipment located on the
property conveyed, which are active aids to
navigation, shall continue to be operated and
maintained by the United States for as long as
they are needed for this purpose;
(B) the Montauk Historical Association
may not interfere or allow interference in any
manner with such aids to navigation without
express written permission from the United
States;
(C) there is reserved to the United States
the right to replace, or add any aids to naviga-
tion, or make any changes to the Montauk
Lighthouse as may be necessary for navigation
purposes;
(D) the United States shall have the right,
at any time, to enter the property conveyed
without notice for the purpose of maintaining
navigation aids;
(E) the United States shall have an ease-
ment of access to such property for the purpose
of maintaining the navigational aids in use on
the property; and
(F) the Montauk Light Station shall revert
to the United States at the end of the 30-day
period beginning on any date on which the Sec-
retary of Transportation provides written notice
to the Montauk Historical Association that the
Montauk Light Station is needed for national
security purposes.
(4) MAINTENANCE
OF
LIGHT
STATION.—Any
conveyance of property under this section shall be
subject to the condition that the Montauk Historical
Association shall maintain the Montauk Light Sta-
tion in accordance with the provisions of the Na-
tional Historic Preservation Act (16 U.S.C. 470 et
seq.) and other applicable laws.
(5) LIMITATION ON OBLIGATIONS OF MONTAUK
HISTORICAL ASSOCIATION.—The Montauk Historical
Association shall not have any obligation to maintain
any active aid to navigation equipment on property
conveyed pursuant to this section.
(c) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘Montauk Light Station’’ means
the Coast Guard light station known as the Light
Station Montauk Point, located at Montauk, New
York, including the keeper’s dwellings, adjacent
Coast Guard rights-of-way, the World War II sub-
marine spotting tower, the lighthouse tower, and the
paint locker; and
(2) the term ‘‘Montauk Lighthouse’’ means the
Coast Guard lighthouse located at the Montauk
Light Station.
SEC. 424. CONVEYANCE OF CAPE ANN LIGHTHOUSE,
THACHERS ISLAND, MASSACHUSETTS.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation shall convey to the town of Rockport, Massa-
chusetts, by an appropriate means of conveyance, all
right, title, and interest of the United States in and
to the property comprising the Cape Ann Light-
house, located on Thachers Island, Massachusetts.
(2) IDENTIFICATION OF PROPERTY.—The Sec-
retary may identify, describe, and determine the
property to be conveyed pursuant to this subsection.
(b) TERMS OF CONVEYANCE.—
(1) IN GENERAL.—The conveyance of property
pursuant to this section shall be made—
(A) without payment of consideration; and
(B) subject to the conditions required by
paragraphs (3) and (4) and other terms and
conditions the Secretary may consider appro-
priate.
(2) REVERSIONARY INTEREST.—In addition to
any term or condition established pursuant to para-
graph (1), the conveyance of property pursuant to
this section shall be subject to the condition that all
right, title, and interest in the Cape Ann Lighthouse
shall immediately revert to the United States if the
Cape Ann Lighthouse, or any part of the property—
(A) ceases to be used as a nonprofit center
for the interpretation and preservation of mari-
time history;
(B) ceases to be maintained in a manner
that ensures its present or future use as a
Coast Guard aid to navigation; or
(C) ceases to be maintained in a manner
consistent with the provisions of the National
Historic Preservation Act of 1966 (16 U.S.C.
470 et seq.).
(3) MAINTENANCE
AND
NAVIGATION
FUNC-
TIONS.—The conveyance of property pursuant to
this section shall be made subject to the conditions
that the Secretary considers to be necessary to as-
sure that—
(A) the lights, antennas, and associated
equipment located on the property conveyed,
which are active aids to navigation, shall con-
tinue to be operated and maintained by the
United States;
(B) the town of Rockport may not inter-
fere or allow interference in any manner with
aids to navigation without express written per-
mission from the Secretary of Transportation;
(C) there is reserved to the United States
the right to relocate, replace, or add any aid to
navigation or make any changes to the Cape
Ann Lighthouse as may be necessary for navi-
gational purposes;
(D) the United States shall have the right,
at any time, to enter the property without no-
tice for the purpose of maintaining aids to navi-
gation; and
(E) the United States shall have an ease-
ment of access to the property for the purpose
of maintaining the aids to navigation in use on
the property.
(4) OBLIGATION
LIMITATION.—The town of
Rockport is not required to maintain any active aid
to navigation equipment on property conveyed pur-
suant to this section.
(5) PROPERTY TO BE MAINTAINED IN ACCORD-
ANCE WITH CERTAIN LAWS.—The town of Rockport
shall maintain the Cape Ann Lighthouse in accord-
ance with the National Historic Preservation Act of
1966 (16 U.S.C. 470 et seq.), and other applicable
laws.
(c) DEFINITIONS.—For purposes of this section, the
term ‘‘Cape Ann Lighthouse’’ means the Coast Guard
property located on Thachers Island, Massachusetts, ex-
cept any historical artifact, including any lens or lantern,
located on the property at or before the time of convey-
ance.
SEC. 425. AMENDMENTS TO JOHNSON ACT.
For purposes of section 5(b)(1)(A) of the Act of Jan-
uary 2, 1951 (15 U.S.C. 1175(b)(1)(A)), commonly
known as the Johnson Act, a vessel on a voyage that be-
gins in the territorial jurisdiction of the State of Indiana
and that does not leave the territorial jurisdiction of the
State of Indiana shall be considered to be a vessel that
is not within the boundaries of any State or possession
of the United States.
SEC. 426. TRANSFER OF COAST GUARD PROPERTY IN
GOSNOLD, MASSACHUSETTS.
(a) CONVEYANCE REQUIREMENT.—The Secretary of
Transportation may convey to the town of Gosnold, Mas-
sachusetts, 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 prop-
erty known as the ‘‘United States Coast Guard Cuttyhunk
Boathouse and Wharf’’, as described in subsection (c).
(b) CONDITIONS.—Any conveyance of property under
subsection (a) shall be subject to the condition that the
Coast Guard shall retain in perpetuity and at no cost—
(1) the right of access to, over, and through the
boathouse, wharf, and land comprising the property
at all times for the purpose of berthing vessels, in-
cluding vessels belonging to members of the Coast
Guard Auxiliary; and
(2) the right of ingress to and egress from the
property for purposes of access to Coast Guard fa-
cilities and performance of Coast Guard functions.
(c) PROPERTY DESCRIBED.—The property referred
to in subsection (a) is real property located in the town
of Gosnold, Massachusetts (including all buildings, struc-
tures, equipment, and other improvements), as determined
by the Secretary of Transportation.
SEC. 427. TRANSFER OF COAST GUARD PROPERTY IN NEW
SHOREHAM, RHODE ISLAND.
(a) REQUIREMENT.—The Secretary of Transpor-
tation (or any other official having control over the prop-
erty described in subsection (b)) shall expeditiously convey
to the town of New Shoreham, Rhode Island, without con-
sideration, all right, title, and interest of the United States
in and to the property known as the United States Coast
Guard Station Block Island, as described in subsection
(b), subject to all easements and other interest in the
property held by any other person.
(b) PROPERTY DESCRIBED.—The property referred
to in subsection (a) is real property (including buildings
and improvements) located on the west side of Block Is-
land, Rhode Island, at the entrance to the Great Salt Pond
and referred to in the books of the Tax Assessor of the
town of New Shoreham, Rhode Island, as lots 10 and 12,
comprising approximately 10.7 acres.
(c) REVERSIONARY INTEREST.—In addition to any
term or condition established pursuant to subsection (a),
any conveyance of property under subsection (a) shall be
subject to the condition that all right, title, and interest
in and to the property so conveyed shall immediately re-
vert to the United States if the property, or any part
thereof, ceases to be used by the town of New Shoreham,
Rhode Island.
(d) INDEMNIFICATION FOR PREEXISTING ENVIRON-
MENTAL LIABILITIES.—Notwithstanding any conveyance
of property under this section, after such conveyance the
Secretary of Transportation shall indemnify the town of
New Shoreham, Rhode Island, for any environmental li-
ability arising from the property, that existed before the
date of the conveyance.
SEC. 428. VESSEL DEEMED TO BE A RECREATIONAL
VESSEL.
The vessel, an approximately 96 meter twin screw
motor yacht for which construction commenced in October
1993 (to be named the LIMITLESS), is deemed to be
a recreational vessel under chapter 43 of title 46, United
States Code.
SEC. 429. REQUIREMENT FOR PROCUREMENT OF BUOY
CHAIN.
(a) REQUIREMENT.—Chapter 5 of title 14, United
States Code, is amended by adding at the end the
following:
‘‘§ 96. Procurement of buoy chain
‘‘(a) The Coast Guard may not procure buoy chain—
‘‘(1) that is not manufactured in the United
States; or
‘‘(2) substantially all of the components of
which are not produced or manufactured in the
United States.
‘‘(b) For purposes of subsection (a)(2), substantially
all of the components of a buoy chain shall be considered
to be produced or manufactured in the United States if
the aggregate cost of the components thereof which are
produced or manufactured in the United States is greater
than the aggregate cost of the components thereof which
are produced or manufactured outside the United States.
‘‘(c) In this section—
‘‘(1) the term ‘buoy chain’ means any chain,
cable, or other device that is—
‘‘(A) used to hold in place, by attachment
to the bottom of a body of water, a floating aid
to navigation; and
‘‘(B) not more than 4 inches in diameter;
and
‘‘(2) the term ‘manufacture’ includes cutting,
heat treating, quality control, welding (including the
forging and shot blasting process), and testing.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 5 of title 14, United States Code, is amended
by adding at the end the following:
‘‘96. Procurement of buoy chain.’’.
SEC. 430. CRUISE VESSEL TORT REFORM.
(a) Section 4283 of the Revised Statutes of the
United States (46 App. 183), is amended by adding a new
subsection (g) to read as follows:
‘‘(g) In a suit by any person in which a shipowner,
operator, or employer of a crew member is claimed to have
direct or vicarious liability for medical malpractice or
other tortious conduct occurring at a shoreside facility, or
in which the damages sought are alleged to result from
the referral to or treatment by any shoreside doctor, hos-
pital, medical facility, or other health care provider, the
shipowner, operator, or employer shall be entitled to rely
upon any and all statutory limitations of liability applica-
ble to the doctor, hospital, medical facility, or other health
care provider in the State in which the shoreside medical
care was provided.’’.
(b) Section 4283b of the Revised Statutes of the
United States (46 App. 183c) is amended by adding a new
subsection to read as follows:
‘‘(b) Subsection (a) shall not prohibit provisions or
limitations in contracts, agreements, or ticket conditions
of carriage with passengers which relieve a manager,
agent, master, owner, or operator of a vessel from liability
for infliction of emotional distress, mental suffering, or
psychological injury so long as such provisions or limita-
tions do not limit liability if the emotional distress, mental
suffering, or psychological injury was—
‘‘(1) the result of substantial physical injury to
the claimant caused by the negligence or fault of the
manager, agent, master, owner, or operator;
‘‘(2) the result of the claimant having been at
actual risk of substantial physical injury, which risk
was caused by the negligence or fault of the man-
ager, agent, master, owner, or operator; or
‘‘(3) intentionally inflicted by the manager,
agent, master, owner, or operator.’’.
(c) Section 20 of chapter 153 of the Act of March
4, 1915 (46 App. 688) is amended by adding a new sub-
section to read as follows:
‘‘(c) LIMITATION FOR CERTAIN ALIENS IN CASE OF
CONTRACTUAL ALTERNATIVE FORUM.—
‘‘(1) No action may be maintained under sub-
section (a) or under any other maritime law of the
United States for maintenance and cure or for dam-
ages for the injury or death of a person who was not
a citizen or permanent legal resident alien of the
United States at the time of the incident giving rise
to the action, if the incident giving rise to the action
occurred while the person was employed on board a
vessel documented other than under the laws of the
United States, which vessel was owned by an entity
organized other than under the laws of the United
States or by a person who is not a citizen or perma-
nent legal resident alien.
‘‘(2) The provisions of paragraph (1) shall only
apply if—
‘‘(A) the incident giving rise to the action
occurred while the person bringing the action
was a party to a contract of employment or was
subject to a collective bargaining agreement
which, by its terms, provided for an exclusive
forum for resolution of all such disputes or ac-
tions in a nation other than the United States,
a remedy is available to the person under the
laws of that nation, and the party seeking to
dismiss an action under paragraph (1) is willing
to stipulate to jurisdiction under the laws of
such nation as to such incident; or
‘‘(B) a remedy is available to the person
bringing the action under the laws of the nation
in which the person maintained citizenship or
permanent residency at the time of the incident
giving rise to the action and the party seeking
to dismiss an action under paragraph (1) is
willing to stipulate to jurisdiction under the
laws of such nation as to such incident.
‘‘(3) The provisions of paragraph (1) of this
subsection shall not be interpreted to require a court
in the United States to accept jurisdiction of any ac-
tions.’’.
SEC. 431. LIMITATION ON FEES AND CHARGES WITH RE-
SPECT TO FERRIES.
The Secretary of the department in which the Coast
Guard is operating may not assess or collect any fee or
charge with respect to a ferry. Notwithstanding any other
provision of this Act, the Secretary is authorized to reduce
expenditures in an amount equal to the fees or charges
which are not collected or assessed as a result of this sec-
tion.
TITLE V—COAST GUARD
REGULATORY REFORM
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Coast Guard Regu-
latory Reform Act of 1995’’.
SEC. 502. SAFETY MANAGEMENT.
(a) MANAGEMENT OF VESSELS.—Title 46, United
States Code, is amended by adding after chapter 31 the
following new chapter:
‘‘CHAPTER 32—MANAGEMENT OF VESSELS
‘‘Sec.
‘‘3201. Definitions.
‘‘3202. Application.
‘‘3203. Safety management system.
‘‘3204. Implementation of safety management system.
‘‘3205. Certification.
‘‘§ 3201. Definitions
‘‘In this chapter—
‘‘(1) ‘International Safety Management Code’
has the same meaning given that term in chapter IX
of the Annex to the International Convention for the
Safety of Life at Sea, 1974;
‘‘(2) ‘responsible person’ means—
‘‘(A) the owner of a vessel to which this
chapter applies; or
‘‘(B) any other person that has—
‘‘(i) assumed the responsibility for op-
eration of a vessel to which this chapter
applies from the owner; and
‘‘(ii) agreed to assume with respect to
the vessel responsibility for complying with
all the requirements of this chapter and
the regulations prescribed under this chap-
ter;
‘‘(3) ‘vessel engaged on a foreign voyage’ means
a vessel to which this chapter applies—
‘‘(A) arriving at a place under the jurisdic-
tion of the United States from a place in a for-
eign country;
‘‘(B) making a voyage between places out-
side the United States; or
‘‘(C) departing from a place under the ju-
risdiction of the United States for a place in a
foreign country.
‘‘§ 3202. Application
‘‘(a) MANDATORY APPLICATION.—This chapter ap-
plies to the following vessels engaged on a foreign voyage:
‘‘(1) Beginning July 1, 1998—
‘‘(A) a vessel transporting more than 12
passengers described in section 2101(21)(A) of
this title; and
‘‘(B) a tanker, bulk freight vessel, or high-
speed freight vessel, of at least 500 gross tons.
‘‘(2) Beginning July 1, 2002, a freight vessel
and a mobile offshore drilling unit of at least 500
gross tons.
‘‘(3) defined levels of authority and lines of
communications between, and among, personnel on
shore and on the vessel;
‘‘(4) procedures for reporting accidents and
nonconformities with this chapter;
‘‘(5) procedures for preparing for and respond-
ing to emergency situations; and
‘‘(6) procedures for internal audits and man-
agement reviews of the system.
‘‘(b) COMPLIANCE WITH CODE.—Regulations pre-
scribed under this section shall be consistent with the
International Safety Management Code with respect to
vessels engaged on a foreign voyage.
‘‘§ 3204. Implementation of safety management sys-
tem
‘‘(a) SAFETY MANAGEMENT PLAN.—Each respon-
sible person shall establish and submit to the Secretary
for approval a safety management plan describing how
that person and vessels of the person to which this chapter
applies will comply with the regulations prescribed under
section 3203(a) of this title.
‘‘(b) APPROVAL.—Upon receipt of a safety manage-
ment plan submitted under subsection (a), the Secretary
shall review the plan and approve it if the Secretary deter-
mines that it is consistent with and will assist in imple-
menting the safety management system established under
section 3203.
‘‘(c) PROHIBITION ON VESSEL OPERATION.—A ves-
sel to which this chapter applies under section 3202(a)
may not be operated without having on board a Safety
Management Certificate and a copy of a Document of
Compliance issued for the vessel under section 3205 of
this title.
‘‘§ 3205. Certification
‘‘(a) ISSUANCE OF CERTIFICATE AND DOCUMENT.—
After verifying that the responsible person for a vessel to
which this chapter applies and the vessel comply with the
applicable requirements under this chapter, the Secretary
shall issue for the vessel, on request of the responsible per-
son, a Safety Management Certificate and a Document of
Compliance.
‘‘(b) MAINTENANCE OF CERTIFICATE AND DOCU-
MENT.—A Safety Management Certificate and a Docu-
ment of Compliance issued for a vessel under this section
shall be maintained by the responsible person for the ves-
sel as required by the Secretary.
‘‘(c) VERIFICATION OF COMPLIANCE.—The Secretary
shall—
‘‘(1) periodically review whether a responsible
person having a safety management plan approved
under section 3204(b) and each vessel to which the
plan applies is complying with the plan; and
‘‘(2) revoke the Secretary’s approval of the plan
and each Safety Management Certificate and Docu-
ment of Compliance issued to the person for a vessel
to which the plan applies, if the Secretary deter-
mines that the person or a vessel to which the plan
applies has not complied with the plan.
‘‘(d) ENFORCEMENT.—At the request of the Sec-
retary, the Secretary of the Treasury shall withhold or re-
voke the clearance required by section 4197 of the Revised
Statutes (46 App. U.S.C. 91) of a vessel that is subject
to this chapter under section 3202(a) of this title or to
the International Safety Management Code, if the vessel
does not have on board a Safety Management Certificate
and a copy of a Document of Compliance for the vessel.
Clearance may be granted on filing a bond or other surety
satisfactory to the Secretary.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of subtitle II of title 46, United States
Code, is amended by inserting after the item relating to
chapter 31 the following:
‘‘32. Management of vessels ........................................................... 3201’’.
(c) STUDY.—
(1) STUDY.—The Secretary of Transportation
shall conduct, in cooperation with the owners,
charterers, and managing operators of vessels docu-
mented under chapter 121 of title 46, United States
Code, and other interested persons, a study of the
methods that may be used to implement and enforce
the International Management Code for the Safe
Operation of Ships and for Pollution Prevention
under chapter IX of the Annex to the International
Convention for the Safety of Life at Sea, 1974.
(2) REPORT.—The Secretary shall submit to
the Congress a report of the results of the study re-
quired under paragraph (1) before the earlier of—
(A) the date that final regulations are pre-
scribed under section 3203 of title 46, United
States Code (as enacted by subsection (a)); or
(B) the date that is 1 year after the date
of enactment of this Act.
SEC. 503. USE OF REPORTS, DOCUMENTS, RECORDS, AND
EXAMINATIONS OF OTHER PERSONS.
(a) REPORTS, DOCUMENTS, AND RECORDS.—Chap-
ter 31 of title 46, United States Code, is amended by add-
ing the following new section:
‘‘§ 3103. Use of reports, documents, and records
‘‘The Secretary may rely, as evidence of compliance
with this subtitle, on—
‘‘(1) reports, documents, and records of other
persons who have been determined by the Secretary
to be reliable; and
‘‘(2) other methods the Secretary has deter-
mined to be reliable.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 31 of title 46, United States Code, is amended
by adding at the end the following:
‘‘3103. Use of reports, documents, and records.’’.
(c) EXAMINATIONS.—Section 3308 of title 46, United
States Code, is amended by inserting ‘‘or have examined’’
after ‘‘examine’’.
SEC. 504. EQUIPMENT APPROVAL.
(a) IN GENERAL.—Section 3306(b) of title 46, Unit-
ed States Code, is amended to read as follows:
‘‘(b)(1) Equipment and material subject to regulation
under this section may not be used on any vessel without
prior approval of the Secretary.
‘‘(2) Except with respect to use on a public vessel,
the Secretary may treat an approval of equipment or ma-
terials by a foreign government as approval by the Sec-
retary for purposes of paragraph (1) if the Secretary de-
termines that—
‘‘(A) the design standards and testing proce-
dures used by that government meet the require-
ments of the International Convention for the Safety
of Life at Sea, 1974;
‘‘(B) the approval of the equipment or material
by the foreign government will secure the safety of
individuals and property on board vessels subject to
inspection; and
‘‘(C) for lifesaving equipment, the foreign gov-
ernment—
‘‘(i) has given equivalent treatment to ap-
provals of lifesaving equipment by the Sec-
retary; and
‘‘(ii) otherwise ensures that lifesaving
equipment approved by the Secretary may be
used on vessels that are documented and sub-
ject to inspection under the laws of that coun-
try.’’.
(b) FOREIGN APPROVALS.—The Secretary of Trans-
portation, in consultation with other interested Federal
agencies, shall work with foreign governments to have
those governments approve the use of the same equipment
and materials on vessels documented under the laws of
those countries that the Secretary requires on United
States documented vessels.
(c) TECHNICAL AMENDMENT.—Section 3306(a)(4)
of title 46, United States Code, is amended by striking