of appropriations, shall conduct a study of the implications
for vessel safety in the navigable waters near Houston,
Texas, of increased shipping traffic resulting from—
(1) the North American Free Trade Agreement
Implementation Act; and
(2) legislation necessary to implement the Uru-
guay Round of the General Agreement on Tariffs
and Trade.
(b) CONTENT.—The study under subsection (a) shall
include—
(1) examination of implications for vessel safety
in the Port of Houston and the Houston ship chan-
nel; and
(2) development of recommendations for—
(A) responding to vessel accidents in those
waterways,
(B) removal of vessels damaged in those
accidents, and
(C) ways to improve the overall safety of
the Port of Houston and the Houston ship
channel, including recommendations of restric-
tions on vessel movements within that Port or
channel if necessary to ensure safety.
(c) REPORT.—Not later than July 1, 1996, the Sec-
retary of Transportation shall submit to the Congress a
report on the findings and recommendations developed by
the study under subsection (a).
(d) AUTHORIZATION OF APPROPRIATIONS.—For car-
rying out the study and preparing the report required by
this section, there are authorized to be appropriated to
the Secretary of Transportation $300,000 for fiscal year
1995 and such sums as may be necessary for fiscal year
1996.
SEC. 419. IMPLEMENTATION OF OIL POLLUTION ACT WITH
RESPECT TO VEGETABLE OIL.
In implementing the Oil Pollution Act of 1990 (Pub-
lic Law 101–380), the Coast Guard and other agencies
shall differentiate between animal fats or oils of vegetable
origin and other oils, including petroleum oils, on the basis
of their physical, chemical, biological, and other prop-
erties, and their environmental effects.
SEC. 420. LIMITATION ON AUTHORITY OF STATES TO REG-
ULATE GAMBLING DEVICES ON VESSELS.
Section 5(b)(2) of the Act of January 2, 1951 (15
U.S.C. 1175(b)(2)), commonly referred to as the ‘‘John-
son 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. 421. POLLUTION FROM SHIPS.
(a) PREVENTION OF POLLUTION FROM SHIPS.—Sec-
tion 6 of the Act to Prevent Pollution from Ships (33
U.S.C. 1905) is amended—
(1) in subsection (c)—
(A) in paragraph (2)—
(i) by striking ‘‘(2) If’’ and inserting
the following: ‘‘(2)(A) Subject to subpara-
graph (B), if’’; and
(ii) by adding at the end the following
new subparagraph:
‘‘(B) The Secretary may issue a certificate attesting
to the adequacy of reception facilities under this para-
graph only if, prior to the issuance of the certificate, the
Secretary conducts an inspection of the reception facilities
of the port or terminal that is the subject of the certifi-
cate.’’; and
(B) in paragraph (3), by striking subpara-
graph (A) and inserting the following new sub-
paragraph:
‘‘(A) is valid for the 5-year period beginning on
the date of issuance of the certificate, except that
if—
‘‘(i) the charge for operation of the port or
terminal is transferred to a person or entity
other than the person or entity that is the oper-
ator on the date of issuance of the certificate—
‘‘(I) the certificate shall expire on the
date that is 30 days after the date of the
transfer; and
‘‘(II) the new operator shall be re-
quired to submit an application for a cer-
tificate before a certificate may be issued
for the port or terminal; or
‘‘(ii) the certificate is suspended or revoked
by the Secretary, the certificate shall cease to
be valid; and’’; and
(2) by striking subsection (d) and inserting the
following new subsection:
‘‘(d)(1) The Secretary shall maintain a list of ports
or terminals with respect to which a certificate issued
under this section—
‘‘(A) is in effect; or
‘‘(B) has been revoked or suspended.
‘‘(2) The Secretary shall make the list referred to in
paragraph (1) available to the general public.’’.
(b) RECEPTION FACILITY PLACARDS.—Section 6(f)
of the Act to Prevent Pollution from Ships (33 U.S.C.
1905(f)) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new
paragraph:
‘‘(2)(A) Not later than 18 months after the date of
enactment of this paragraph, the Secretary shall promul-
gate regulations that require the operator of each port or
terminal that is subject to any requirement of the
MARPOL Protocol relating to reception facilities to post
a placard in a location that can easily be seen by port
and terminal users. The placard shall state, at a mini-
mum, that a user of a reception facility of the port or
terminal should report to the Secretary any inadequacy
of the reception facility.’’.
(c) APPLICATION TO VESSELS.—
(1) NOTICE OF ARRIVAL.—The owner, master,
agent, or person in charge of a vessel shall include
in the notice of arrival required to be submitted to
the Captain of the Port of the port or place of des-
tination pursuant to the Ports and Waterways Safe-
ty Act (33 U.S.C. 1221 et seq.) information con-
cerning the intention of the owner, master, or person
in charge of the vessel with respect to the disposal
of onboard waste at the port or place of destination.
(2) COMPLIANCE REPORTS.—Section 2201(a) of
the Marine Plastic Pollution Research and Control
Act of 1987 (Public Law 100–220; 33 U.S.C. 1902
note) is amended—
(A) by striking ‘‘for a period of 6 years’’;
and
(B) by inserting before the period at the
end the following: ‘‘and, not later than 1 year
after the date of enactment of the Marine Plas-
tic Pollution Research and Control Act of 1994,
and annually thereafter, shall publish in the
Federal Register a list of the enforcement ac-
tions taken against any domestic or foreign ship
(including any commercial or recreational ship)
pursuant to the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.)’’.
(d) MARINE PLASTIC POLLUTION RESEARCH AND
CONTROL
PUBLIC
OUTREACH
PROGRAM.—Section
2204(a) of the Marine Plastic Pollution Research and
Control Act of 1987 (Public Law 100–220; 42 U.S.C.
6981 note) is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘for a period of at least 3
years,’’;
(B) in subparagraph (C), by striking
‘‘and’’ at the end;
(C) in subparagraph (D), by striking the
period at the end and inserting ‘‘; and’’; and
(D) by adding at the end the following new
subparagraph:
‘‘(E) the requirements under this Act and
the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.) with respect to ships and
ports, and the authority of citizens to report
violations of this Act and the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et
seq.).’’; and
(2) by striking paragraph (2) and inserting the
following new paragraph:
‘‘(2) AUTHORIZED ACTIVITIES.—
‘‘(A) PUBLIC
OUTREACH
PROGRAM.—A
public outreach program under paragraph (1)
may include—
‘‘(i) developing and implementing a
voluntary boaters’ pledge program;
‘‘(ii) 
workshops 
with 
interested
groups;
‘‘(iii) public service announcements;
‘‘(iv) distribution of leaflets and post-
ers; and
‘‘(v) any other means appropriate to
educating the public.
‘‘(B) GRANTS AND COOPERATIVE AGREE-
MENTS.—To carry out this section, the Sec-
retary of the department in which the Coast
Guard is operating, the Secretary of Commerce,
and the Administrator of the Environmental
Protection Agency are authorized to award
grants, enter into cooperative agreements with
appropriate officials of other Federal agencies
and agencies of States and political subdivisions
of States, and provide other financial assistance
to eligible recipients.
‘‘(C) CONSULTATION.—In developing out-
reach initiatives targeted at the interested
groups that are subject to the requirements of
this title and the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.), the Secretary
of the department in which the Coast Guard is
operating, in consultation with the Secretary of
Commerce, acting through the Administrator of
the National Oceanic and Atmospheric Admin-
istration, and the Administrator of the Environ-
mental Protection Agency, shall consult with—
‘‘(i) the heads of State agencies re-
sponsible for implementing State boating
laws; and
‘‘(ii) the heads of other enforcement
agencies that regulate boaters or commer-
cial fishermen.’’.
(e) COORDINATION.—
(1) ESTABLISHMENT OF MARINE DEBRIS CO-
ORDINATING
COMMITTEE.—The Administrator of
the Environmental Protection Agency shall establish
a Marine Debris Coordinating Committee (referred
to in this section as the ‘‘Committee’’).
(2) MEMBERSHIP.—The Committee shall in-
clude a senior official from—
(A) the Environmental Protection Agency,
who shall serve as the Chairperson of the Com-
mittee;
(B) the National Oceanic and Atmospheric
Administration;
(C) the United States Coast Guard;
(D) the United States Navy; and
(E) such other Federal agencies that have
an interest in ocean issues or water pollution
prevention and control as the Administrator of
the Environmental Protection Agency deter-
mines appropriate.
(3) MEETINGS.—The Committee shall meet at
least twice a year to provide a forum to ensure the
coordination of national and international research,
monitoring, education, and regulatory actions ad-
dressing the persistent marine debris problem.
(f) MONITORING.—The Administrator of the Envi-
ronmental Protection Agency, in cooperation with the Sec-
retary of Commerce, acting through the Administrator of
the National Oceanic and Atmospheric Administration,
shall utilize the marine debris data derived under title V
of the Marine Protection, Research, and Sanctuaries Act
of 1972 (33 U.S.C. 2801 et seq.) to assist the United
States Coast Guard in assessing the effectiveness of this
Act.
SEC. 422. MERCHANT MARINER BENEFITS.
(a) Part G of subtitle II, title 46, United States Code,
is amended by adding the following new chapter:
‘‘CHAPTER 112—MERCHANT MARINER BENEFITS
‘‘Sec.
‘‘11201. Qualified service.
‘‘11202. Qualified service benefits.
‘‘§ 11201. Qualified service
‘‘An individual who was in training for or who served
as a member of the United States merchant marine, in-
cluding the Army Transport Service and the Naval Trans-
portation Service, or who received a letter of induction,
before August 16, 1945, is deemed to have been engaged
in qualified service for purposes of this chapter.
‘‘§ 11202. Qualified service benefits
‘‘(a) An individual who believes that individual per-
formed qualified service under section 11201 of this chap-
ter may apply to the Secretary. Not later than 180 days
after the Secretary receives an application under this sec-
tion, the Secretary shall determine whether the individual
performed qualified service.
‘‘(b) The Secretary shall issue an honorable discharge
to an individual who performed qualified service as deter-
mined by the Secretary under subsection (a). The Sec-
retary shall issue the discharge subject to the standards
that apply to the honorable discharges issued under sec-
tion 401(a)(1)(b) of the GI Bill Improvement Act of 1977
(38 U.S.C. 106 note).
‘‘(c) The qualified service of an individual who—
‘‘(1) receives an honorable discharge under sub-
section (b); and
‘‘(2) is not eligible for benefits under a law ad-
ministered by the Secretary of Veterans Affairs—
shall be treated as active duty for purposes of eligibility
for benefits under chapters 23 and 24 of title 38, United
States Code.
‘‘(d) The Secretary shall reimburse the Secretary of
Veterans Affairs for the value of benefits provided to an
individual by reason of eligibility under this chapter.
‘‘(e) An individual is not entitled to, and may not re-
ceive, benefits under this chapter for any period before the
date of enactment of this chapter.’’.
(b) The analysis at the beginning of subtitle II of title
46, United States Code, is amended by inserting after the
item relating to chapter 111 the following:
‘‘112. Merchant mariners benefits ............................................................11201.’’.
SEC. 423. ANNUAL REPORT ON IMPLEMENTATION OF VES-
SEL TRAFFIC SERVICE.
Not later than April 1 of each year after the date
of enactment of this Act, the Secretary of Transportation
shall submit to the Committee on Merchant Marine and
Fisheries of the House of Representatives and the Com-
mittee on Commerce, Science and Transportation of the
Senate a report describing in detail the status of imple-
mentation of the Vessel Traffic Service in all the ports
ranked in the Port Needs Study issued by the Coast
Guard in 1991.
SEC. 424. 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. 425. COST ACCOUNTING FOR HAITIAN OPERATIONS.
(a) No later than 30 days after the enactment of this
Act, the Secretary of Transportation shall submit a full
accounting of all Coast Guard costs related to Haiti dur-
ing fiscal year 1994 to the Committee on Merchant Ma-
rine and Fisheries in the House of Representatives and
to the Committee on Commerce, Science, and Transpor-
tation in the Senate. This accounting shall include num-
bers of Coast Guard personnel involved, the numbers of
Coast Guard vessels involved, and the amount of funds
diverted from other Coast Guard missions.
(b) Until all United States military operations in
Haiti cease, the Secretary of Transportation shall submit
monthly reports on all Coast Guard costs related to Haiti
to the Committee on Merchant Marine and Fisheries in
the House of Representatives and to the Committee on
Commerce, Science, and Transportation in the Senate.
SEC. 426. SENSE OF THE CONGRESS; REQUIREMENT RE-
GARDING 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 Sec-
retary, to the greatest extent practicable, shall provide to
each recipient of the assistance a notice describing the
statement made in subsection (a) by the Congress.
SEC. 427. 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. 428. PLAN FOR RESCUE OF PASSENGERS ON THE
CHESAPEAKE BAY.
(a) The Secretary of the department in which the
Coast Guard is operating, in consultation with officials of
the States of Maryland and Virginia, and other interested
persons, shall develop and submit to Congress by March
30, 1995, a plan for the rescue of persons transported on
passenger vessels or small passenger vessels on the Chesa-
peake Bay.
(b) The plan developed in subsection (a) shall in-
clude—
(1) a protocol for command, control, and com-
munications among Federal, State, and local au-
thorities;
(2) a protocol for training exercises to prepare
for an emergency rescue on the Chesapeake Bay;
(3) an identification of emergency medical per-
sonnel that would be available for an emergency res-
cue on the Chesapeake Bay;
(4) an identification of procedures to be fol-
lowed and equipment that would be needed in the
event of weather that could result in hypothermia of
the passengers; and
(5) a study by the Coast Guard examining the
feasibility of locating a helicopter station on the
Chesapeake Bay and in developing mutual aid agree-
ment with appropriate Federal, State and local
agencies to improve helicopter response time.
TITLE V—RECREATIONAL
BOATING SAFETY
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Recreational Boating
Safety Improvement Act of 1994’’.
SEC. 502. PERSONAL FLOTATION DEVICES REQUIRED FOR
CHILDREN.
(a) PROHIBITION.—Section 4307(a) of title 46,
United States Code, is amended—
(1) in paragraph (2) by striking ‘‘or’’ after the
semicolon at the end;
(2) in paragraph (3) by striking the period and
inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(4) operate a recreational vessel under 26 feet
in length unless each individual 12 years of age or
younger wears a Coast Guard approved personal flo-
tation device when the individual is on an open deck
of the vessel.’’.
(b) STATE AUTHORITY PRESERVED.—Section 4307
of title 46, United States Code, is further amended by
adding at the end the following:
‘‘(c) Subsection (a)(4) shall not be construed to limit
the authority of a State to establish requirements relating
to the wearing of personal flotation devices on recreational
vessels that are more stringent than that subsection.’’.
SEC. 503. ALLOCATION OF FUNDS BASED ON STATE ADOP-
TION OF LAWS REGARDING BOATING WHILE
INTOXICATED.
Section 13103 of title 46, United States Code, is
amended—
(1) by redesignating subsections (a), (b), and
(c) in order as subsections (b), (c), and (d);
(2) by inserting before subsection (b) (as so re-
designated) the following new subsection:
‘‘(a)(1) Beginning in fiscal year 1998, of the amounts
transferred to the Secretary each fiscal year pursuant to
section 4(b) of the Act of August 9, 1950 (16 U.S.C.
777c(b)), the Secretary shall allocate for State rec-
reational boating safety programs $10,000,000 as follows:
‘‘(A) One-half shall be allocated in accordance
with paragraph (2) among eligible States that—
‘‘(i) prohibit operation of a recreational
vessel by an individual who is under the influ-
ence of alcohol or drugs; and
‘‘(ii) establish a blood alcohol concentration
limit of .10 percent or less.
‘‘(B) One-half shall be allocated in accordance
with paragraph (2) among eligible States that—
‘‘(i) prohibit operation of a recreational
vessel by an individual who is under the influ-
ence of alcohol or drugs; and
‘‘(ii) establish an implied consent require-
ment that specifies that an individual is deemed
to have given their consent to evidentiary test-
ing for their blood alcohol concentration or
presence of other intoxicating substances.
‘‘(2) Of the amount allocated under subparagraph
(A) or (B) of paragraph (1) each fiscal year—
‘‘(A) one-half shall be allocated equally among
all eligible States receiving an allocation under that
subparagraph for the fiscal year; and
‘‘(B) one-half shall be allocated among those el-
igible States so that each such State receives an
amount bearing the same ratio to the total amount
allocated under that subparagraph for the fiscal year
as the number of vessels numbered in that State
under a system approved under chapter 123 of this
title bears to the total number of vessels numbered
under approved systems of all States receiving an al-
location under that subparagraph for the fiscal
year.’’;
(3) in subsection (b) (as so redesignated) in the
matter preceding paragraph (1) by inserting ‘‘the
balance of remaining’’ after ‘‘allocate’’; and
(4) by adding at the end the following new sub-
section:
‘‘(e) A State shall not be ineligible for an allocation
under subsection (a) because of the adoption by the State
of any requirement relating to the operation of a rec-
reational vessel while under the influence of alcohol or
drugs that is more stringent than the requirements for
receiving the allocation.’’.
SEC. 504. MARINE CASUALTY REPORTING.
(a) SUBMISSION OF PLAN.—Not later than one year
after enactment of this Act, the Secretary of Transpor-
tation shall, in consultation with appropriate State agen-
cies, submit to the Committee on Merchant Marine and
Fisheries of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate a plan to increase reporting of vessel accidents to
appropriate State law enforcement officials.
(b) PENALTIES
FOR VIOLATING REPORTING RE-
QUIREMENTS.—Section 6103(a) of title 46, United States
Code, is amended by inserting ‘‘or 6102’’ after ‘‘6101’’
the second place it appears.
SEC. 505. REQUIRING VIOLATORS TO TAKE RECREATIONAL
BOATING SAFETY COURSE.
(a) NEGLIGENT OPERATION.—Section 2302 of title
46, United States Code, is amended by adding at the end
the following:
‘‘(e) An individual operating a recreational vessel in
violation of this section shall complete a boating safety
course approved by the Secretary.’’.
(b) OTHER VIOLATIONS.—Section 4311 of title 46,
United States Code, is amended by adding at the end the
following:
‘‘(h) A person who operates a recreational vessel in
violation of this chapter or a regulation prescribed under
this chapter may be ordered to complete a recreational
boating safety course approved by the Secretary.’’.
SEC. 506. TECHNICAL CORRECTIONS.
Section 13108(a)(1) of title 46, United States Code,
is amended by—
(1) striking ‘‘proceeding’’ and inserting ‘‘pre-
ceding’’; and
(2) striking ‘‘Secertary’’ and inserting ‘‘Sec-
retary’’.
TITLE VI—TOWING VESSEL
NAVIGATIONAL SAFETY
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Towing Vessel Naviga-
tional Safety Act of 1994’’.
SEC. 602. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT
FOR TOWING VESSELS.
(a) IN GENERAL.—Section 4102 of title 46, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(f)(1) In prescribing regulations for towing vessels,
the Secretary shall—
‘‘(A) consider the characteristics, methods of
operation, and nature of the service of towing ves-
sels;
‘‘(B) consult with the Towing Safety Advisory
Committee; and
‘‘(C) require, to the extent appropriate, the in-
stallation, maintenance, and use of and familiarity
with the following equipment on each towing vessel,
other than a towing vessel that is used only for tow-
ing disabled vessels:
‘‘(i) A radar system.
‘‘(ii) An electronic position-fixing device.
‘‘(iii) A sonic depth finder.
‘‘(iv) A compass or swing meter.
‘‘(v) Adequate towing wire and associated
equipment.
‘‘(vi) Up-to-date navigational charts and
publications for the areas normally transited by
the vessel.
‘‘(vii) Other safety equipment the Sec-
retary determines to be necessary.
‘‘(2) The Secretary shall establish in regulations
under this chapter requirements that—
‘‘(A) any equipment required on a towing vessel
under paragraph (1) shall be maintained in effective
operating condition; and
‘‘(B) if such equipment on a vessel ceases to op-
erate, the master of the vessel shall exercise due dili-
gence to restore the equipment to effective operating
condition, or cause it to be restored to that condi-
tion, at the earliest practicable date.’’.
(b) REGULATIONS.—The Secretary of Transportation
shall issue regulations by not later than 12 months after
the date of the enactment of this Act, prescribing naviga-
tional publication and equipment requirements under sub-
section (f) of section 4102 of title 46, United States Code,
as added by subsection (a) of this section.
SEC. 603. REPORTING MARINE CASUALTIES.
(a) EXPEDITED REPORTING REQUIRED.—Section
6101(b) of title 46, United States Code, is amended by
striking ‘‘within 5 days’’ and inserting ‘‘by as soon as
practicable, but in no case later than within 5 days,’’.
(b) PENALTY
FOR FAILURE TO REPORT
A CAS-
UALTY.—Section 6103(a) of title 46, United States Code
is amended by striking ‘‘$1,000’’ and inserting ‘‘not more
than $25,000’’.
SEC. 604. REPORT ON FEASIBILITY OF ESTABLISHING A
DIFFERENTIAL GLOBAL POSITIONING SAT-
ELLITE 
NAVIGATION 
SYSTEM 
AND 
ELEC-
TRONIC CHARTS FOR INLAND WATERWAYS.
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary of Transportation shall
submit a report to the Congress on the feasibility of estab-
lishing a differential global positioning satellite navigation
system and creating electronic charts for the inland water-
ways of the United States.
SEC. 605. PROTECTION OF SEAMEN AGAINST DISCRIMINA-
TION.
Section 2114 of title 46, United States Code, is
amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) An owner, charterer, managing operator, agent,
master, or individual in charge of a vessel may not dis-
charge, temporarily remove, or in any manner discrimi-
nate against a seaman because the seaman—
‘‘(1) in good faith has reported or is about to
report to the Coast Guard that the seaman believes
that a violation of this subtitle, or a regulation is-
sued under this subtitle, has occurred; or
‘‘(2) refuses to violate this subtitle or a regula-
tion issued under this subtitle.’’; and
(2) in subsection (b)—
(A) in paragraph (1) by striking ‘‘and’’
after the semicolon;
(B) in paragraph (2) by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) an award of cost and reasonable attorney’s
fees to the prevailing plaintiff.’’.
SEC. 606. MANNING AND LICENSING REQUIREMENTS FOR
TOWING VESSELS.
(a) MANNING REQUIREMENTS.—Section 8904 of title
46, United States Code, is amended by adding at the end
the following:
‘‘(c) A towing vessel, other than a vessel referred to
in subsection (b), shall—
‘‘(1) while being operated, have on board an in-
dividual licensed by the Secretary as a master of
that type of towing vessel; and
‘‘(2) be operated by an individual licensed by
the Secretary to operate that type of towing vessel.’’.
(b) REGULATIONS ESTABLISHING LICENSES
FOR
MASTERS AND OPERATORS.—Section 7101 of title 46,
United States Code, is amended by adding at the end the
following:
‘‘(j)(1) The Secretary shall prescribe regulations
which establish licenses for masters and mates of towing
vessels.
‘‘(2) Regulations under this subsection shall provide
that an individual may be issued a license as a master
or mate of a towing vessel only if the individual—
‘‘(A) demonstrates proficiency in the use of the
equipment 
required 
pursuant 
to 
section
4102(f)(1)(C) of this title; and
‘‘(B) demonstrates proficiency in operating a
towing vessel.
‘‘(3) Regulations under this subsection may establish
standards and procedures under which the Secretary may
delegate, to individuals who have experience in the oper-
ation of towing vessels and to other qualified persons, the
authority to conduct examinations required for the issu-
ance of a license as a master or mate of a towing vessel.’’.
(c) EXISTING UNINSPECTED TOWING VESSEL OPER-
ATOR LICENSE HOLDERS.—An uninspected towing vessel
operator license that is valid on the date of enactment of
this Act shall be valid as a master or mate license required
by section 8904 of title 46, United States Code, as amend-
ed by this section, until otherwise required to be renewed.
The Secretary shall require that an individual applying for
a first renewal of such a license as a master or mate li-
cense under that section demonstrate proficiency under
the requirements of section 7101(j) of title 46, United
States Code, as added by this section.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect 2 years after the date of the
enactment of this Act.
(e) DEADLINE FOR REGULATIONS.—The Secretary
of the department in which the Coast Guard is operating
shall issue regulations under the amendments made by
this section by not later than 1 year after the date of the
enactment of this Act.
SEC. 607. CIVIL PENALTIES.
(a) PROHIBITED OPERATION OF UNINSPECTED TOW-
ING VESSEL, GENERALLY.—Section 4106 of title 46,
United States Code, is amended by striking ‘‘$5,000’’ and
inserting ‘‘$25,000’’.
(b) OPERATION OF UNINSPECTED TOWING VESSEL
IN VIOLATION
OF MANNING REQUIREMENTS.—Section
8906 of title 46, United States Code, is amended by strik-
ing ‘‘$1,000’’ and inserting ‘‘not more than $25,000’’.
SEC. 608. MODEL TOWING VESSEL COMPANY INSPECTION
PROGRAM.
Not later than 1 year after the date of the enactment
of this Act, the Secretary of the department in which the
Coast Guard is operating, in consultation with the Towing
Safety Advisory Committee, shall—
(1) develop a model towing vessel company in-
spection program, including a Coast Guard boarding
program to determine compliance with the model
program; and
(2) submit to the Congress for its approval the
model program and a description of the statutory
changes necessary to implement the model program.
SEC. 609. MERCHANT MARINERS’ DOCUMENTS REQUIRED.
(a) REQUIREMENT.—Section 8701(a) of title 46,
United States Code, is amended—
(1) by striking ‘‘100’’ and inserting ‘‘5’’;
(2) in paragraph (1), by striking ‘‘a vessel oper-
ating only on rivers and lakes (except the Great
Lakes);’’ and inserting ‘‘a small passenger vessel, or
an uninspected passenger vessel;’’;
(3) by striking paragraph (2), and redesignat-
ing the subsequent paragraphs accordingly; and
(4) in paragraph (6) (as so redesignated) by
striking ‘‘clause (6)’’ and inserting ‘‘paragraph (5)’’.
(b) EXCEPTIONS.—Section 8701(b) of title 46,
United States Code, is amended—
(1) by striking ‘‘A person’’ and inserting ‘‘(1)
Except as provided in paragraph (2), a person’’; and
(2) by adding at the end the following:
‘‘(2) The Secretary shall prescribe regulations which
exempt from paragraph (1)—
‘‘(A) engagement or employment of an individ-
ual in any position, on a passenger vessel, that is
not listed in the Certificate of Inspection for the ves-
sel;
‘‘(B) engagement or employment of an individ-
ual in any position, on a vessel of a type to which
this section did not apply on the day before the date
of enactment of the Towing Vessel Navigational
Safety Act of 1994, for which the individual is re-
quired to hold a license issued by the Secretary
under this title; and
‘‘(C) service by an individual in a position de-
scribed in subparagraph (A) or (B).’’.
(c) USER FEE EXEMPTION AND PRIVACY OF INFOR-
MATION.—
(1) USER FEE EXEMPTION.—The Secretary of
Transportation may not collect a fee or charge under
section 2110 of title 46, United States Code, for any
service related to a merchant mariner’s document re-
quired to be obtained under this title.
(2) PRIVACY OF INFORMATION.—The Secretary
of Transportation may not make available to a mem-
ber of the public any personal information concern-
ing an individual required to obtain a merchant
mariner’s document under this title.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect 2 years after the date of the
enactment of this Act.
TITLE VII—COAST GUARD
REGULATORY REFORM
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Coast Guard Regu-
latory Reform Act of 1994’’.
SEC. 702. 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—
‘‘(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