Act and shall enter into force and effect with respect to
the United States on the date of enactment of this Act.
TITLE IV—ATLANTIC TUNAS
CONVENTION ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Atlantic Tunas Con-
vention Authorization Act of 1994’’.
SEC. 402. RESEARCH AND MONITORING ACTIVITIES.
(a) REPORT TO CONGRESS.—The Secretary of Com-
merce shall, within 90 days after the date of enactment
of this Act, submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate and the
Committee on Merchant Marine and Fisheries of the
House of Representatives—
(1) identifying current governmental and non-
governmental research and monitoring activities on
Atlantic bluefin tuna and other highly migratory
species;
(2) describing the personnel and budgetary re-
sources allocated to such activities; and
(3) explaining how each activity contributes to
the conservation and management of Atlantic bluefin
tuna and other highly migratory species.
(b) RESEARCH AND MONITORING PROGRAM.—Sec-
tion 3 of the Act of September 4, 1980 (16 U.S.C. 971i)
is amended—
(1) by amending the section heading to read as
follows:
‘‘SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY
SPECIES.’’;
(2) by inserting ‘‘(a) BIENNIAL REPORT
ON
BLUEFIN TUNA.—’’ before ‘‘The Secretary of Com-
merce shall’’; and
(3) by adding at the end the following:
‘‘(b) HIGHLY MIGRATORY SPECIES RESEARCH AND
MONITORING.—
‘‘(1) Within 6 months after the date of enact-
ment of the Atlantic Tunas Convention Authoriza-
tion Act of 1994, the Secretary of Commerce, in co-
operation with the advisory committee established
under section 4 of the Atlantic Tunas Convention
Act of 1975 (16 U.S.C. 971b) and in consultation
with the United States Commissioners on the Inter-
national Commission for the Conservation of Atlan-
tic Tunas (referred to elsewhere in this section as
the ‘Commission’) and the Secretary of State, shall
develop and implement a comprehensive research
and monitoring program to support the conservation
and management of Atlantic bluefin tuna and other
highly migratory species that shall—
‘‘(A) identify and define the range of
stocks of highly migratory species in the Atlan-
tic Ocean, including Atlantic bluefin tuna; and
‘‘(B) provide for appropriate participation
by nations which are members of the Commis-
sion.
‘‘(2) The program shall provide for, but not be
limited to—
‘‘(A) statistically designed cooperative tag-
ging studies;
‘‘(B) genetic and biochemical stock analy-
ses;
‘‘(C) population censuses carried out
through aerial surveys of fishing grounds;
‘‘(D) adequate observer coverage and port
sampling of commercial and recreational fishing
activity;
‘‘(E) collection of comparable real-time
data on commercial and recreational catches
and landings through the use of permits,
logbooks, landing reports for charter operations
and fishing tournaments, and programs to pro-
vide reliable reporting of the catch by private
anglers;
‘‘(F) studies of the life history parameters
of Atlantic bluefin tuna and other highly migra-
tory species;
‘‘(G) integration of data from all sources
and the preparation of data bases to support
management decisions; and
‘‘(H) other research as necessary.
‘‘(3) In developing a program under this sec-
tion, the Secretary shall provide for comparable
monitoring of all United States fishermen to which
the Atlantic Tunas Convention Act applies with re-
spect to effort and species composition of catch and
discards. The Secretary through the Secretary of
State shall encourage other member nations to adopt
a similar program.’’.
SEC. 403. ADVISORY COMMITTEE PROCEDURES.
Section 4 of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971b) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘There’’; and
(2) by adding at the end the following:
‘‘(b)(1) A majority of the members of the advisory
committee shall constitute a quorum, but one or more such
members designated by the advisory committee may hold
meetings to provide for public participation and to discuss
measures relating to the United States implementation of
Commission recommendations.
‘‘(2) The advisory committee shall elect a Chairman
for a 2-year term from among its members.
‘‘(3) The advisory committee shall meet at appro-
priate times and places at least twice a year, at the call
of the Chairman or upon the request of the majority of
its voting members, the United States Commissioners, the
Secretary, or the Secretary of State.
‘‘(4)(A) The Secretary shall provide to the advisory
committee in a timely manner such administrative and
technical support services as are necessary for the effective
functioning of the committee.
‘‘(B) The Secretary and the Secretary of State shall
furnish the advisory committee with relevant information
concerning fisheries and international fishery agreements.
‘‘(5) The advisory committee shall determine its orga-
nization, and prescribe its practices and procedures for
carrying out its functions under this Act, the Magnuson
Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.), and the Convention. The advisory commit-
tee shall publish and make available to the public a state-
ment of its organization, practices, and procedures.
‘‘(6) The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the advisory committee.’’.
SEC. 404. REGULATIONS.
Section 6(c)(3) of the Atlantic Tunas Convention Act
of 1975 (16 U.S.C. 971d(c)(3)) is amended by adding ‘‘or
fishery mortality level’’ after ‘‘quota of fish’’ in the last
sentence.
SEC. 405. FINES AND PERMIT SANCTIONS.
Section 7(e) of the Atlantic Tunas Convention Act
of 1975 (16 U.S.C. 971(e)) is amended to read as follows:
‘‘(e) The civil penalty and permit sanctions of section
308 of the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1858) are hereby made applicable
to violations of this section as if they were violations of
section 307 of that Act.’’.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971h) is amended to read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS.
‘‘Sec. 10. There are authorized to be appropriated to
carry out this Act, including use for payment of the Unit-
ed States share of the joint expenses of the Commission
as provided in article X of the Convention, the following
sums:
‘‘(1) For fiscal year 1994, $2,750,000, of which
$50,000 are authorized in the aggregate for the ad-
visory committee established under section 4 and the
species working groups established under section 4A,
and $1,500,000 are authorized for research activities
under this Act.
‘‘(2) For fiscal year 1995, $4,000,000, of which
$62,000 are authorized in the aggregate for such
advisory committee and such working groups, and
$2,500,000 are authorized for such research activi-
ties.
‘‘(3) For fiscal year 1996, $4,000,000 of which
$75,000 are authorized in the aggregate for such
advisory committee and such working groups, and
$2,500,000 are authorized for such research activi-
ties.’’.
SEC. 407. REPORT AND CERTIFICATION.
The Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971 et seq.) is amended by adding at the end there-
of the following:
‘‘ANNUAL REPORT.
‘‘Sec. 11. Not later than April 1, 1995, and annually
thereafter, the Secretary shall prepare and transmit to the
Committee on Merchant Marine and Fisheries of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report,
that—
‘‘(1) details for the previous 10-year period the
catches and exports to the United States of highly
migratory species (including tunas, swordfish, marlin
and sharks) from nations fishing on Atlantic stocks
of such species that are subject to management by
the Commission;
‘‘(2) identifies those fishing nations whose har-
vests are inconsistent with conservation and manage-
ment recommendations of the Commission;
‘‘(3) describes reporting requirements estab-
lished by the Secretary to ensure that imported fish
products are in compliance with all international
management measures, including minimum size re-
quirements, established by the Commission and
other international fishery organizations to which
the United States is a party; and
‘‘(4) describes actions taken by the Secretary
under section 12.
‘‘CERTIFICATION
‘‘Sec. 12. (a) If the Secretary determines that vessels
of any nation are harvesting fish which are subject to reg-
ulation pursuant to a recommendation of the Commission
and which were taken from the convention area in a man-
ner or under circumstances which would tend to diminish
the effectiveness of the conservation recommendations of
the Commission, the Secretary shall certify such fact to
the President.
‘‘(b) Such certification shall be deemed to be a certifi-
cation for the purposes of section 8 of the Fishermen’s
Protective Act (22 U.S.C. 1978).
‘‘(c) Upon certification under subsection (a), the Sec-
retary shall promulgate regulations under section 6(c)(4)
with respect to a nation so certified.’’.
SEC. 408. SENSE OF THE CONGRESS REGARDING CON-
SERVATION AND MANAGEMENT OF ATLANTIC
BLUEFIN TUNA.
(a) FINDING.—The Congress finds the following:
(1) Atlantic bluefin tuna are a valuable com-
mercial and recreational fishery of the United
States.
(2) Many other countries also harvest Atlantic
bluefin tuna in the Atlantic Ocean and the Medi-
terranean Sea.
(3) The International Commission for the Con-
servation of Atlantic Tunas (hereinafter in this sec-
tion referred to as the ‘‘Commission’’), was estab-
lished in 1969 to develop conservation and manage-
ment recommendations for Atlantic bluefin tuna and
other highly migratory species in the Atlantic Ocean
and the Mediterranean Sea.
(4) The Commission adopted conservation and
management recommendations in 1974 to ensure the
recovery and sustainability of Atlantic bluefin tuna
throughout the Atlantic Ocean and the Mediterra-
nean Sea.
(5) In 1981, the Commission adopted a man-
agement strategy for Atlantic bluefin tuna predi-
cated on a hypothesis that 2 stocks of the fish ex-
isted: a western stock found in the Atlantic west of
45 degrees west longitude (hereinafter in this section
referred to as the ‘‘45 degree line’’), and an eastern
stock found in the Atlantic Ocean east of the 45 de-
gree line and in the Mediterranean Sea.
(6) Since 1981, the Commission has adopted
additional, more restrictive conservation and man-
agement recommendations for Atlantic bluefin tuna
for countries that harvest bluefin tuna west of the
45 degree line, including a 25 percent quota reduc-
tion since 1991 with an additional 40 percent quota
reduction scheduled for 1995.
(7) The United States and other Commission
members that harvest bluefin tuna west of the 45
degree line have implemented all conservation and
management recommendations adopted by the Com-
mission for Atlantic bluefin tuna west of the 45 de-
gree line.
(8) Many other Commission members do not
comply with the conservation and management rec-
ommendations adopted by the Commission for At-
lantic bluefin tuna east of the 45 degree line.
(9) A recent National Academy of Sciences re-
view of the scientific data used by the Commission
concluded that the available data is consistent with
a 1-stock management strategy for bluefin tuna in
the North Atlantic.
(10) The National Academy of Sciences review
also found that abundance of Atlantic bluefin tuna
in the western Atlantic has remained stable since
1988, in contrast to the roughly 50 percent decline
in abundance reported by the Commission.
(11) The continued unrestricted harvesting of
Atlantic bluefin tuna east of the 45 degree line and
in the Mediterranean Sea will undermine the con-
servation recommendations being implemented west
of the line to rebuild Atlantic bluefin tuna.
(12) In order to successfully rebuild the Atlan-
tic bluefin tuna stock, conservation and management
recommendations must be adopted and implemented
throughout the Atlantic Ocean and the Mediterra-
nean Sea.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that—
(1) the United States and the Commission
should continue to promote the conservation and
management of Atlantic bluefin tuna throughout the
Atlantic Ocean and Mediterranean Sea and develop
a program to rebuild Atlantic bluefin tuna that re-
quires the participation of all nations that harvest
this species;
(2) the United States should ensure that the
scientific findings and recommendations of the Na-
tional Academy of Sciences Atlantic bluefin tuna re-
view panel are made available to and included in the
considerations of the Commission’s scientific advi-
sory panel;
(3) the United States should oppose any further
quota reductions for nations harvesting Atlantic
bluefin tuna west of the 45 degree line and insist
that all nations harvesting Atlantic bluefin tuna west
and east of the 45 degree line implement comparable
conservation and rebuilding programs for the Atlan-
tic bluefin tuna resource;
(4) the continued harvesting by fishermen from
any country which is a member of the Commission
and which does not comply with the conservation
and management recommendations of the Commis-
sion will be considered by the Congress to diminish
the effectiveness of an international fishery con-
servation program and, as such, will be considered
by the Congress to be subject to the embargo provi-
sion in section 6 of the Atlantic Tunas Convention
Act;
(5) the United States should encourage other
nations with significant markets for Atlantic bluefin
tuna to prohibit the importation of that species from
harvesting nations which do not comply with the
conservation and management recommendations
adopted by the Commission; and
(6) the United States should encourage the
Commission to adopt recommendations encouraging
the use of trade actions by member nations as en-
forcement measures when the actions of a nation are
undermining the effectiveness of conservation and
management recommendations of the Commission.
TITLE V—FISHERMEN’S
PROTECTIVE ACT
SEC. 501. FINDINGS.
The Congress finds that—
(1) customary international law and the United
Nations Convention on the Law of the Sea guaran-
tee the right of passage, including innocent passage,
to vessels through the waters commonly referred to
as the ‘‘Inside Passage’’ off the Pacific Coast of
Canada;
(2) Canada recently required all commercial
fishing vessels of the United States to pay 1,500 Ca-
nadian dollars to obtain a ‘‘license which authorizes
transit’’ through the Inside Passage;
(3) this action was inconsistent with inter-
national law, including the United Nations Conven-
tion on the Law of the Sea, and, in particular, Arti-
cle 26 of that Convention, which specifically pro-
hibits such fees, and threatened the safety of United
States commercial fishermen who sought to avoid
the fee by traveling in less protected waters;
(4) the Fishermen’s Protective Act of 1967 pro-
vides for the reimbursement of vessel owners who
are forced to pay a license fee to secure the release
of a vessel which has been seized, but does not per-
mit reimbursement of a fee paid by the owner in ad-
vance in order to prevent a seizure;
(5) Canada required that the license fee be paid
in person in 2 ports on the Pacific Coast of Canada,
or in advance by mail;
(6) significant expense and delay was incurred
by commercial fishing vessels of the United States
that had to travel from the point of seizure back to
one of those ports in order to pay the license fee re-
quired by Canada, and the costs of that travel and
delay can not be reimbursed under the Fishermen’s
Protective Act;
(7) the Fishermen’s Protective Act of 1967
should be amended to permit vessel owners to be re-
imbursed for fees required by a foreign government
to be paid in advance in order to navigate in the wa-
ters of that foreign country if the United States con-
siders that fee to be inconsistent with international
law;
(8) the Secretary of State should seek to re-
cover from Canada any amounts paid by the United
States to reimburse vessel owners who paid the tran-
sit license fee;
(9) the United States should review its current
policy with respect to anchorage by commercial fish-
ing vessels of Canada in waters of the United States
off Alaska, including waters in and near the Dixon
Entrance, and should accord such vessels the same
treatment that commercial fishing vessels of the
United States are accorded for anchorage in the wa-
ters of Canada off British Columbia;
(10) the President should ensure that, consist-
ent with international law, the United States Coast
Guard has available adequate resources in the Pa-
cific Northwest and Alaska to provide for the safety
of United States citizens, the enforcement of United
States law, and to protect the rights of the United
States and keep the peace among vessels operating
in disputed waters;
(11) the President should continue to review all
agreements between the United States and Canada
to identify other actions that may be taken to con-
vince Canada that any reinstatement of the transit
license fee would be against Canada’s long-term in-
terests, and should immediately implement any ac-
tions which the President deems appropriate if Can-
ada reinstates the fee;
(12) the President should continue to convey to
Canada in the strongest terms that the United
States will not now, nor at any time in the future,
tolerate any action by Canada which would impede
or otherwise restrict the right of passage of vessels
of the United States in a manner inconsistent with
international law; and
(13) the United States should redouble its ef-
forts to seek expeditious agreement with Canada on
appropriate fishery conservation and management
measures that can be implemented through the Pa-
cific Salmon Treaty to address issues of mutual con-
cern.
SEC. 502. AMENDMENT TO THE FISHERMEN’S PROTECTIVE
ACT OF 1967.
(a) The Fishermen’s Protective Act of 1967 (22
U.S.C. 1971 et seq.) is amended by adding at the end
the following new section:
‘‘Sec. 11. (a) In any case on or after June 15, 1994,
in which a vessel of the United States exercising its right
of passage is charged a fee by the government of a foreign
country to engage in transit passage between points in the
United States (including a point in the exclusive economic
zone or in an area over which jurisdiction is in dispute),
and such fee is regarded by the United States as being
inconsistent with international law, the Secretary of State
shall reimburse the vessel owner for the amount of any
such fee paid under protest.
‘‘(b) In seeking such reimbursement, the vessel owner
shall provide, together with such other information as the
Secretary of State may require—
‘‘(1) a copy of the receipt for payment;
‘‘(2) an affidavit attesting that the owner or the
owner’s agent paid the fee under protest; and
‘‘(3) a copy of the vessel’s certificate of docu-
mentation.
‘‘(c) Requests for reimbursement shall be made to the
Secretary of State within 120 days after the date of pay-
ment of the fee, or within 90 days after the date of enact-
ment of this section, whichever is later.
‘‘(d) Such funds as may be necessary to meet the re-
quirements of this section may be made available from the
unobligated balances of previously appropriated funds re-
maining in the Fishermen’s Guaranty Fund established
under section 7 and the Fishermen’s Protective Fund es-
tablished under section 9. To the extent that requests for
reimbursement under this section exceed such funds, there
are authorized to be appropriated such sums as may be
needed for reimbursements authorized under subsection
(a).
‘‘(e) The Secretary of State shall take such action
as the Secretary deems appropriate to make and collect
TITLE VI—FISHERIES ENFORCE-
MENT IN CENTRAL SEA OF
OKHOTSK
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Sea of Okhotsk Fish-
eries Enforcement Act of 1994’’.
SEC. 602. FISHING PROHIBITION.
The Central Bering Sea Fisheries Enforcement Act
of 1992 (16 U.S.C. 1823 note) is amended—
(1) in section 302, by inserting ‘‘and the
Central Sea of Okhotsk’’ after ‘‘Central Bering
Sea’’; and
(2) in section 306—
(A) by redesignating paragraphs (2), (3),
(4), (5), and (6) in order as paragraphs (3),
(4), (5), (6), and (7); and
(B) by inserting after paragraph (1) the
following:
‘‘(2) CENTRAL SEA OF OKHOTSK.—The term
‘Central Sea of Okhotsk’ means the central Sea of
Okhotsk area which is more than two hundred nau-
tical miles seaward of the baseline from which the
breadth of the territorial sea of the Russian Federa-
tion is measured.’’.
TITLE VII—COAST GUARD
AUTHORIZATIONS
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for nec-
essary expenses of the Coast Guard for fiscal year 1995,
as follows:
(1) For the operation and maintenance of the
Coast Guard, $2,630,505,000, of which $25,000,000
shall be derived from the Oil Spill Liability Trust
Fund.
(2) For the acquisition, construction, rebuild-
ing, and improvement of aids to navigation, shore
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto, $439,200,000, to re-
main available until expended, of which $32,500,000
shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors
directly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
fense readiness, $20,310,000, to remain available
until expended, of which—
(A) $3,150,000 shall be derived from the
Oil Spill Liability Trust Fund; and
(B) $1,500,000 is authorized to conduct,
in cooperation with appropriate Federal and
State agencies, local maritime education organi-
zations, and local marine industry representa-
tives, a demonstration project on the lower Mis-
sissippi River and in the Houston Ship Channel
to study the effectiveness of currently available
Electronic Chart Display and Information Sys-
tems (ECDIS) and Electronic Chart Systems
(ECS) for use on commercial vessels.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Bene-
fit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of
title 10, United States Code, $562,585,000.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting
obstructions to navigation, and for personnel and
administrative costs associated with the Bridge Al-
teration Program, $13,000,000, to remain available
until expended.
(6) For environmental compliance and restora-
tion at Coast Guard facilities, $25,000,000, to re-
main available until expended.
SEC. 702. AUTHORIZED LEVELS OF MILITARY STRENGTH
AND TRAINING.
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is
authorized an end-of-year strength for active duty person-
nel of 39,000 as of September 30, 1995. The authorized
strength does not include members of the Ready Reserve
called to active duty for special or emergency augmenta-
tion of regular Coast Guard forces for periods of 180 days
or less.
(b) MILITARY TRAINING STUDENT LOADS.—For fis-
cal year 1995, the Coast Guard is authorized average mili-
tary training student loads as follows:
(1) For recruit and special training, 2,000 stu-
dent years.
(2) For flight training, 133 student years.
(3) For professional training in military and ci-
vilian institutions, 344 student years.
(4) For officer acquisition, 955 student years.
SEC. 703. DRUG INTERDICTION ACTIVITIES.
In addition to amounts otherwise authorized by this
Act, there are authorized to be appropriated to the Sec-
retary of Transportation for operation and maintenance
expenses of Coast Guard drug interdiction activities
$21,000,000 for fiscal year 1995.
TITLE VIII—COAST GUARD PER-
SONNEL 
MANAGEMENT 
IM-
PROVEMENT
SEC. 801. HURRICANE ANDREW RELIEF.
Section 2856 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484) applies
to the military personnel of the Coast Guard who were
assigned to, or employed at or in connection with, any
Federal facility or installation in the vicinity of Homestead
Air Force Base, Florida, including the areas of Broward,
Collier, Dade, and Monroe Counties, on or before August
24, 1992, except that—
(1) funds available to the Coast Guard, not to
exceed a total of $25,000, shall be used; and
(2) the Secretary of Transportation shall ad-
minister that section with respect to such personnel.
SEC. 802. DISSEMINATION OF RESULTS OF 0–6 CONTINU-
ATION BOARDS.
Section 289(f) of title 14, United States Code, is
amended by striking ‘‘Upon approval by the President, the
names of the officers selected for continuation on active
duty by the board shall be promptly disseminated to the
service at large.’’.
SEC. 803. EXCLUDE CERTAIN RESERVES FROM END-OF-
YEAR STRENGTH.
Section 712 of title 14, United States Code, is
amended by adding at the end the following:
‘‘(d) Reserve members ordered to active duty under
this section shall not be counted in computing authorized
strength of members on active duty or members in grade
under this title or under any other law.’’.
SEC. 804. PROVISION OF CHILD DEVELOPMENT SERVICES.
(a) IN GENERAL.—Title 14, United States Code, is
amended by inserting after section 514 the following new
section:
‘‘§ 515. Child development services
‘‘(a) The Commandant may make child development
services available for members and civilian employees of
the Coast Guard, and thereafter as space is available for
members of the Armed Forces and Federal civilian em-
ployees. Child development services benefits provided
under this section shall be in addition to benefits provided
under other laws.
‘‘(b)(1) Except as provided in paragraph (2), the
Commandant may require that amounts received as fees
for the provision of child development services under this
section at Coast Guard child development centers be used
only for compensation of Coast Guard child development
center employees who are directly involved in providing
child care.
‘‘(2) If the Commandant determines that compliance
with the limitation in paragraph (1) would result in an
uneconomical and inefficient use of amounts received as
such fees, the Commandant may (to the extent that such
compliance would be uneconomical and inefficient) use
such amounts—
‘‘(A) for the purchase of consumable or dispos-
able items for Coast Guard child development cen-
ters; and
‘‘(B) if the requirements of such centers for
consumable or disposable items for a given fiscal
year have been met, for other expenses of those
centers.
‘‘(c) The Commandant may use Department of De-
fense or other training programs to insure that all child
development services providers under this section meet
minimum standards.
‘‘(d) The Commandant may provide assistance to
members and civilian employees of the Coast Guard for
obtaining services of qualified family home child develop-
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 13 of title 14, United States
Code, is amended by inserting after the item related to
section 514 the following:
‘‘515. Child development services.’’.
TITLE IX—NAVIGATION SAFETY
AND 
WATERWAY 
SERVICES
MANAGEMENT
SEC. 901. FOREIGN PASSENGER VESSEL USER FEES.
Section 3303 of title 46, United States Code, is
amended—
(1) in subsection (a) by striking ‘‘(a) Except
as’’ and inserting ‘‘Except as’’; and
(2) by striking subsection (b).
SEC. 902. DOCUMENTATION VIOLATIONS.
(a) CIVIL PENALTIES.—Section 12122(a) of title 46,
United States Code, is amended by striking ‘‘$500’’ and
inserting ‘‘$25,000’’.
(b) SEIZURE AND FORFEITURE.—
(1) IN GENERAL.—Section 12122(b) of title 46,
United States Code, is amended to read as follows:
‘‘(b) A vessel and its equipment are liable to seizure
by and forfeiture to the United States Government, if—
‘‘(1) the owner of the vessel or a representative
or agent of the owner knowingly falsifies or conceals
a material fact, or makes a false statement or rep-
resentation about the documentation or in applying
for documentation of the vessel;
‘‘(2) a certificate of documentation is knowingly
and fraudulently used for the vessel;
‘‘(3) the vessel is operated after its endorsement
has been denied or revoked under section 12123 of
this title;
‘‘(4) the vessel is employed in a trade without
an appropriate trade endorsement; or
‘‘(5) in the case of a documented vessel with
only a recreational endorsement, the vessel is oper-
ated other than for pleasure.’’.
(2) 
CONFORMING
AMENDMENT.—Section
12122(c) of title 46, United States Code, is re-
pealed.
(c) LIMITATION ON OPERATION OF VESSEL WITH
ONLY RECREATIONAL ENDORSEMENT.—Section 12110(c)
of title 46, United States Code, is repealed.
(d) TERMINATION OF RESTRICTION ON COMMAND OF
RECREATIONAL VESSELS.—
(1) TERMINATION
OF
RESTRICTION.—Sub-
section (d) of section 12110 of title 46, United
States Code, is amended—
(A) by inserting ‘‘, other than a vessel with
only a recreational endorsement operating with-
in the territorial waters of the United States,’’
after ‘‘A documented vessel’’; and
(B) by redesignating that subsection as
subsection (c).
(2) 
CONFORMING
AMENDMENT.—Section
12111(a)(2) of title 46, United States Code, is
amended by inserting before the period the follow-
ing: ‘‘in violation of section 12110(c) of this title’’.
SEC. 903. CLERICAL AMENDMENT.
Chapter 121 of title 46, United States Code, is
amended—
(1) by striking the first section 12123; and
(2) in the table of sections at the beginning of
the chapter by striking the first item relating to sec-
tion 12123.
SEC. 904. RENEWAL OF HOUSTON-GALVESTON NAVIGATION
SAFETY ADVISORY COMMITTEE AND LOWER
MISSISSIPPI RIVER WATERWAY ADVISORY
COMMITTEE.
The Coast Guard Authorization Act of 1991 (Public
Law 102–241, 105 Stat. 2208–2235) is amended—
(1) in section 18 by adding at the end the fol-
lowing:
‘‘(h) The Committee shall terminate on October 1,
1999.’’; and
(2) in section 19 by adding at the end the fol-
lowing:
‘‘(g) The Committee shall terminate on October 1,
1999.’’.
TITLE X—MISCELLANEOUS
PROVISIONS
SEC. 1001. OFFICER RETENTION UNTIL RETIREMENT ELIGI-
BLE.
Section 283(b) of title 14, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by striking the last sentence; and
(3) by adding at the end the following:
‘‘(2) Upon the completion of a term under paragraph
(1), an officer shall, unless selected for further continu-
ation—
‘‘(A) except as provided in subparagraph (B),
be honorably discharged with severance pay com-
puted under section 286 of this title;
‘‘(B) in the case of an officer who has com-
pleted at least 18 years of active service on the date
of discharge under subparagraph (A), be retained on
active duty and retired on the last day of the month
in which the officer completes 20 years of active
service, unless earlier removed under another provi-
sion of law; or
‘‘(C) if eligible for retirement under any law, be
retired.’’.
SEC. 1002. CONTINUING OBLIGATION TO PROVIDE DOCU-
MENTATION INFORMATION AT EXISTING LO-
CATIONS.
The Secretary of Transportation shall, until October
1, 1999, maintain an ability, at Coast Guard offices that
are located in the immediate vicinity of former regional
vessel documentation offices, to assist the public with in-
formation on obtaining, altering, and renewing the docu-
mentation of a vessel and on vessel documentation laws
and regulations generally.
SEC. 1003. CONTINUATION OF THE COMMERCIAL FISHING
INDUSTRY VESSEL ADVISORY COMMITTEE.
Subsection (e)(1) of section 4508 of title 46, United
States Code, is amended by striking ‘‘September 30,
1994’’ and inserting ‘‘October 1, 1999’’.
SEC. 1004. PROHIBITION ON STATION CLOSURES.
(a) PROHIBITION.—The Secretary of Transportation
may not close or consolidate any multimission small boat
station in fiscal year 1995 until the Secretary has submit-
ted a list of proposed station closures to the Committee
on Merchant Marine and Fisheries of the House of Rep-
resentatives and to the Committee on Commerce, Science,
and Transportation of the Senate.
(b) DEADLINE
FOR SUBMISSION.—The Secretary
shall submit such list at least 60 days prior to any such
closure or consolidation.
SEC. 1005. RENEWAL OF THE NAVIGATION SAFETY ADVI-
SORY COUNCIL.
Section 5 of the Inland Navigational Rules Act of
1980 (33 U.S.C. 2073) is amended in subsection (d) by
striking ‘‘September 30, 1995’’ and inserting ‘‘September
30, 2000’’.
SEC. 1006. COAST GUARD RESERVE PEACETIME REQUIRE-
MENTS PLAN.
No later than February 1, 1995, the Secretary of
Transportation shall submit to the Committee on Mer-
chant Marine and Fisheries of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate a plan to more fully utilize
the Coast Guard Selected Reserve to augment peacetime
operations. As part of the plan, the Secretary shall in-
clude—
(1) methods to deliver more cost-effective Coast
Guard services by supplementing active duty person-
nel with Coast Guard reservists while preserving the
current level of service to the public;
(2) methods to more fully integrate the Coast
Guard Reserve in peacetime Coast Guard programs,
including, but not limited to, search and rescue, ma-
rine safety, and marine environmental protection;
(3) the most effective command structure for
the Coast Guard Reserve; and
(4) a specific estimate of the number of reserv-
ists needed to augment peacetime Coast Guard mis-
sions under the plan.
SEC. 1007. PROHIBITION ON OVERHAUL, REPAIR, AND
MAINTENANCE OF COAST GUARD VESSELS IN
FOREIGN SHIPYARDS.
(a) PROHIBITION.—Chapter 5 of title 14, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 96. Prohibition on overhaul, repair, and mainte-
nance of Coast Guard vessels in foreign
shipyards
‘‘A Coast Guard vessel may not be overhauled, re-
paired, or maintained in any shipyard located outside the
United States, except that this section does not apply to
emergency repairs.’’.
(b) CLERICAL
AMENDMENT.—Title 14, United
States Code, is amended in the analysis at the beginning
of chapter 5 by adding at the end the following:
‘‘96. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels
in foreign shipyards.’’.
SEC. 1008. ELECTRONIC FILING OF COMMERCIAL INSTRU-
MENTS.
Section 31321(a) of title 46, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(4)(A) A bill of sale, conveyance, mortgage, assign-
ment, or related instrument may be filed electronically
under regulations prescribed by the Secretary.
‘‘(B) A filing made electronically under subparagraph
(A) shall not be effective after the 10-day period beginning
on the date of the filing unless the original instrument
is provided to the Secretary within that 10-day period.’’.
SEC. 1009. SENSE OF THE CONGRESS REGARDING FUNDING
FOR COAST GUARD.
It is the sense of the Congress that in appropriating
amounts for the Coast Guard, the Congress should appro-
priate amounts adequate to enable the Coast Guard to
carry out all extraordinary functions and duties the Coast
Guard is required to undertake in addition to its normal
functions established by law.
SEC. 1010. CONTRACTS FOR HEALTH CARE SERVICES.
(a) Chapter 17 of title 14, United States Code, is
amended by inserting after section 644 the following new
section:
‘‘§ 644a. Contracts for health care services
‘‘(a) Subject to the availability of appropriations for
this purpose, the Commandant may enter into personal
services and other contracts to carry out health care re-
sponsibilities pursuant to section 93 of this title and other
applicable provisions of law pertaining to the provision of
health care services to Coast Guard personnel and covered
beneficiaries. The authority provided in this subsection is
in addition to any other contract authorities of the Com-
mandant provided by law or as delegated to the Com-
mandant from time to time by the Secretary, including
but not limited to authority relating to the management
of health care facilities and furnishing of health care serv-
ices pursuant to title 10 and this title.
‘‘(b) The total amount of compensation paid to an
individual in any year under a personal services contract
entered into under subsection (a) shall not exceed the
amount of annual compensation (excluding allowances for
expenses) allowable for such contracts entered into by the
Secretary of Defense pursuant to section 1091 of title 10.
‘‘(c)(1) The Secretary shall promulgate regulations to
assure—
‘‘(A) the provision of adequate notice of con-
tract opportunities to individuals residing in the area
of a medical treatment facility involved; and
‘‘(B) consideration of interested individuals
solely on the basis of the qualifications established
for the contract and the proposed contract price.
‘‘(2) Upon establishment of the procedures under
paragraph (1), the Secretary may exempt personal serv-
ices contracts covered by this section from the competitive
contracting requirements specified in section 2304 of title
10, or any other similar requirements of law.
‘‘(d) The procedures and exemptions provided under
subsection (c) shall not apply to personal services con-
tracts entered into under subsection (a) with entities other
than individuals or to any contract that is not an author-
ized personal services contract under subsection (a).’’.
(b) The table of sections for chapter 17 of title 14,
United States Code, is amended by inserting after the
item relating to section 644 the following:
‘‘644a. Contracts for health care services.’’.
(c) The amendments made by this section shall take
effect on October 1, 1994. Any personal services contract
entered into on behalf of the Coast Guard in reliance upon
the authority of section 1091 of title 10, United States
Code, before that date is confirmed and ratified and shall
remain in effect in accordance with the terms of the con-
tract.
SEC. 1011. VESSEL FINANCING.
(a) ELIMINATION OF MORTGAGEE RESTRICTIONS.—
Section 31322(a) of title 46, United States Code, is
amended to read as follows:
‘‘(a) A preferred mortgage is a mortgage, whenever
made, that—
‘‘(1) includes the whole of the vessel;
‘‘(2) is filed in substantial compliance with sec-
tion 31321 of this title; and
‘‘(3)(A) covers a documented vessel; or
‘‘(B) covers a vessel for which an application
for documentation is filed that is in substantial com-
pliance with the requirements of chapter 121 of this
title and the regulations prescribed under that chap-
ter.’’.
(b) ELIMINATION OF TRUSTEE RESTRICTIONS.—
(1) REPEAL.—Section 31328 of title 46, United
States Code, is repealed.
(2) 
CONFORMING
AMENDMENT.—Section
31330(b) of title 46, United States Code, is amend-
ed in paragraphs (1), (2), and (3) by striking
‘‘31328 or’’ each place it appears.
(c) REMOVAL OF MORTGAGE RESTRICTIONS.—Sec-
tion 9 of the Shipping Act, 1916 (46 App. U.S.C. 808)
is amended—
(1) in subsection (c)—
(A) by striking ‘‘31328’’ and inserting
‘‘12106(e)’’; and
(B) in paragraph (1) by striking ‘‘mort-
gage,’’ each place it appears; and
(2) in subsection (d)—
(A) in paragraph (1) by striking ‘‘transfer,
or mortgage’’ and inserting ‘‘or transfer’’;
(B) in paragraph (2) by striking ‘‘trans-
fers, or mortgages’’ and inserting ‘‘or trans-
fers’’;
(C) in paragraph (3)(B) by striking
‘‘transfers, or mortgages’’ and inserting ‘‘or
transfers’’; and
(D) in paragraph (4) by striking ‘‘trans-
fers, or mortgages’’ and inserting ‘‘or trans-
fers’’.
(d) Public Law 74–835 (49 Stat. 1985 et seq.) is
amended in section 615 by striking ‘‘, until September 30,
1983,’’; by inserting ‘‘use’’ after ‘‘this title to’’; by striking
‘‘tons’’ and inserting ‘‘regulatory tons built’’; and by re-
pealing subsection (b).
(e) LEASE FINANCING.—Section 12106 of title 46,
United States Code, is amended by adding at the end the
following new subsections:
(6) Public Law 74–835 (49 Stat. 1985 et seq.)
is amended in section 805(a) by striking ‘‘1935’’
each place it appears and inserting ‘‘1993’’; and by
repealing sections 605(c) and 610.
TITLE XI—RECREATIONAL
BOATING SAFETY
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Recreational Boating
Safety Improvement Act of 1994’’.
SEC. 1102. PERSONAL FLOTATION DEVICES REQUIRED FOR
CHILDREN.
(a) PROHIBITION.—Section 4307(a) of title 46,
United States Code, is amended—
(1) in paragraph (2) by striking ‘‘or’’ after the
semicolon at the end;
(2) in paragraph (3) by striking the period and
inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(4) operate a recreational vessel under 26 feet
in length unless each individual 6 years of age or
younger wears a Coast Guard approved personal flo-
tation device when the individual is on an open deck
of the vessel.’’.
(b) STATE AUTHORITY PRESERVED.—Section 4307
of title 46, United States Code, is further amended by
adding at the end the following:
‘‘(c) Subsection (a)(4) shall not be construed to limit
the authority of a State to establish requirements relating
to the wearing of personal flotation devices on recreational
vessels that are more stringent than that subsection.’’.
SEC. 1103. ALLOCATION OF FUNDS BASED ON STATE ADOP-
TION OF LAWS REGARDING BOATING WHILE
INTOXICATED.
Section 13103 of title 46, United States Code, is
amended—
(1) by redesignating subsections (a), (b), and
(c) in order as subsections (b), (c), and (d);
(2) by inserting before subsection (b) (as so re-
designated) the following new subsection:
‘‘(a)(1) Beginning in fiscal year 1998, of the amounts
transferred to the Secretary each fiscal year pursuant to
section 4(b) of the Act of August 9, 1950 (16 U.S.C.
777c(b)), the Secretary shall allocate for State rec-
reational boating safety programs $10,000,000 as follows:
‘‘(A) One-half shall be allocated in accordance
with paragraph (2) among eligible States that—
‘‘(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. 1104. MARINE CASUALTY REPORTING.
(a) SUBMISSION OF PLAN.—Not later than one year
after enactment of this Act, the Secretary of Transpor-
tation shall, in consultation with appropriate State agen-
cies, submit to the Committee on Merchant Marine and
Fisheries of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate a plan to increase reporting of vessel accidents to
appropriate State law enforcement officials.
(b) PENALTIES
FOR VIOLATING REPORTING RE-
QUIREMENTS.—Section 6103(a) of title 46, United States
Code, is amended by inserting ‘‘or 6102’’ after ‘‘6101’’
the second place it appears.
SEC. 
1105. 
REQUIRING 
VIOLATORS 
TO 
TAKE 
REC-
REATIONAL BOATING SAFETY COURSE.
(a) NEGLIGENT OPERATION.—Section 2302 of title
46, United States Code, is amended by adding at the end
the following:
‘‘(e) An individual operating a recreational vessel in
violation of this section shall complete a boating safety
course approved by the Secretary.’’.
(b) OTHER VIOLATIONS.—Section 4311 of title 46,
United States Code, is amended by adding at the end the
following:
‘‘(h) A person who operates a recreational vessel in
violation of this chapter or a regulation prescribed under
this chapter may be ordered to complete a recreational
boating safety course approved by the Secretary.’’.
SEC. 1106. TECHNICAL CORRECTIONS.
Section 13108(a)(1) of title 46, United States Code,
is amended by—
(1) striking ‘‘proceeding’’ and inserting ‘‘pre-
ceding’’; and
(2) striking ‘‘Secertary’’ and inserting ‘‘Sec-
retary’’.
TITLE XII—COAST GUARD
REGULATORY REFORM
SEC. 1201. SHORT TITLE.
This title may be cited as the ‘‘Coast Guard Regu-
latory Reform Act of 1994’’.
SEC. 1202. SAFETY MANAGEMENT.
(a) MANAGEMENT OF VESSELS.—Title 46, United
States Code, is amended by adding after chapter 31 the
following new chapter:
‘‘CHAPTER 32—MANAGEMENT OF VESSELS
‘‘Sec.
‘‘3201. Definitions.
‘‘3202. Application.
‘‘3203. Safety management system.
‘‘3204. Implementation of safety management system.
‘‘3205. Certification.
‘‘§ 3201. Definitions
‘‘In this chapter—
‘‘(1) ‘International Safety Management Code’
has the same meaning given that term in chapter IX
of the Annex to the International Convention for the
Safety of Life at Sea, 1974;
‘‘(2) ‘responsible person’ means—
‘‘(A) the owner of a vessel to which this
chapter applies; or
‘‘(B) any other person that has—
‘‘(i) assumed the responsibility for op-
eration of a vessel to which this chapter
applies from the owner; and
‘‘(ii) agreed to assume with respect to
the vessel responsibility for complying with
all the requirements of this chapter and
the regulations prescribed under this chap-
ter.
‘‘(3) ‘vessel engaged on a foreign voyage’ means
a vessel to which this chapter applies—
‘‘(A) arriving at a place under the jurisdic-
tion of the United States from a place in a for-
eign country;
‘‘(B) making a voyage between places out-
side the United States; or
‘‘(C) departing from a place under the ju-
risdiction of the United States for a place in a
foreign country.
‘‘§ 3202. Application
‘‘(a) MANDATORY APPLICATION.—This chapter ap-
plies to the following vessels engaged on a foreign voyage:
‘‘(1) Beginning July 1, 1998—
‘‘(A) a vessel transporting more than 12
passengers described in section 2101(21)(A) of
this title; and
‘‘(B) a tanker, bulk freight vessel, or high-
speed freight vessel, of at least 500 gross tons.
‘‘(2) Beginning July 1, 2002, a freight vessel
and a mobile offshore drilling unit of at least 500
gross tons.
‘‘(b) VOLUNTARY APPLICATION.—This chapter ap-
plies to a vessel not described in subsection (a) of this
section if the owner of the vessel requests the Secretary
to apply this chapter to the vessel.
‘‘(c) EXCEPTION.—Except as provided in subsection
(b) of this section, this chapter does not apply to—
‘‘(1) a barge;
‘‘(2) a recreational vessel not engaged in com-
mercial service;
‘‘(3) a fishing vessel;
‘‘(4) a vessel operating on the Great Lakes or
its tributary and connecting waters; or
‘‘(5) a public vessel.
‘‘§ 3203. Safety management system
‘‘(a) IN GENERAL.—The Secretary shall prescribe
regulations which establish a safety management system
for responsible persons and vessels to which this chapter
applies, including—
‘‘(1) a safety and environmental protection
policy;
‘‘(2) instructions and procedures to ensure safe
operation of those vessels and protection of the envi-
ronment in compliance with international and
United States law;
‘‘(3) defined levels of authority and lines of
communications between, and among, personnel on
shore and on the vessel;
‘‘(4) procedures for reporting accidents and
nonconformities with this chapter;
‘‘(5) procedures for preparing for and respond-
ing to emergency situations; and
‘‘(6) procedures for internal audits and man-
agement reviews of the system.
‘‘(b) COMPLIANCE WITH CODE.—Regulations pre-
scribed under this section shall be consistent with the
International Safety Management Code with respect to
vessels engaged on a foreign voyage.
‘‘§ 3204. Implementation of safety management sys-
tem
‘‘(a) SAFETY MANAGEMENT PLAN.—Each respon-
sible person shall establish and submit to the Secretary
for approval a safety management plan describing how
that person and vessels of the person to which this chapter
applies will comply with the regulations prescribed under
section 3203(a) of this title.
‘‘(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
100
Code, is amended by inserting after the item relating to
chapter 31 the following:
‘‘32. Management of vessels ........................................................... 3201’’.
(c) STUDY.—
(1) STUDY.—The Secretary of the department
in which the Coast Guard is operating shall conduct,
in cooperation with the owners, charterers, and man-
aging operators of vessels documented under chapter
121 of title 46, United States Code, and other inter-
ested persons, a study of the methods that may be
used to implement and enforce the International
Management Code for the Safe Operation of Ships
and for Pollution Prevention under chapter IX of
the Annex to the International Convention for the
Safety of Life at Sea, 1974.
(2) REPORT.—The Secretary shall submit to
the Congress a report of the results of the study re-
quired under paragraph (1) before the earlier of—
(A) the date that final regulations are pre-
scribed under section 3203 of title 46, United
States Code (as enacted by subsection (a); or
(B) the date that is 1 year after the date
of enactment of this Act.
101
SEC. 1203. USE OF REPORTS, DOCUMENTS, RECORDS, AND
EXAMINATIONS OF OTHER PERSONS.
(a) REPORTS, DOCUMENTS, AND RECORDS.—Chap-
ter 31 of title 46, United States Code, is amended by add-
ing the following new section:
‘‘§ 3103. Use of reports, documents, and records
‘‘The Secretary may rely, as evidence of compliance
with this subtitle, on—
‘‘(1) reports, documents, and records of other
persons who have been determined by the Secretary
to be reliable; and
‘‘(2) other methods the Secretary has deter-
mined to be reliable.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 31 of title 46, United States Code, is amended
by adding at the end the following:
‘‘3103. Use of reports, documents, and records.’’.
(c) EXAMINATIONS.—Section 3308 of title 46, United
States Code, is amended by inserting ‘‘or have examined’’
after ‘‘examine’’.
SEC. 1204. EQUIPMENT APPROVAL.
(a) IN GENERAL.—Section 3306(b) of title 46,
United States Code, is amended to read as follows:
‘‘(b)(1) Equipment and material subject to regulation
under this section may not be used on any vessel without
prior approval of the Secretary.
103
agencies, shall work with foreign governments to have
those governments approve the use of the same equipment
and materials on vessels documented under the laws of
those countries that the Secretary requires on United
States documented vessels.
(c) TECHNICAL AMENDMENT.—Section 3306(a)(4)
of title 46, United States Code, is amended by striking
‘‘clauses (1)–(3)’’ and inserting ‘‘paragraphs (1), (2), and
(3)’’.
SEC. 1205. FREQUENCY OF INSPECTION.
(a) FREQUENCY OF INSPECTION, GENERALLY.—Sec-
tion 3307 of title 46, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘nautical school vessel’’
and inserting ‘‘, nautical school vessel, and
small passenger vessel allowed to carry more
than 12 passengers on a foreign voyage’’; and
(B) by adding ‘‘and’’ after the semicolon
at the end;
(2) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(3) in paragraph (2) (as so redesignated), by
striking ‘‘2 years’’ and inserting ‘‘5 years’’.
104
(b) CONFORMING AMENDMENT.—Section 3710(b) of
title 46, United States Code, is amended by striking ‘‘24
months’’ and inserting ‘‘5 years’’.
SEC. 1206. CERTIFICATE OF INSPECTION.
Section 3309(c) of title 46, United States Code, is
amended by striking ‘‘(but not more than 60 days)’’.
SEC. 1207. DELEGATION OF AUTHORITY OF SECRETARY TO
CLASSIFICATION SOCIETIES.
(a) AUTHORITY TO DELEGATE.—Section 3316 of
title 46, United States Code, is amended—
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively; and
(3) in subsection (b), as so redesignated, by—
(A) redesignating paragraph (2) as para-
graph (3); and
(B) striking so much of the subsection as
precedes paragraph (3), as so redesignated, and
inserting the following:
‘‘(b)(1) The Secretary may delegate to the American
Bureau of Shipping or another classification society recog-
nized by the Secretary as meeting acceptable standards
for such a society, for a vessel documented or to be docu-
mented under chapter 121 of this title, the authority to—
105
‘‘(A) review and approve plans required for is-
suing a certificate of inspection required by this
part;
‘‘(B) conduct inspections and examinations; and
‘‘(C) issue a certificate of inspection required by
this part and other related documents.
‘‘(2) The Secretary may make a delegation under
paragraph (1) to a foreign classification society only—
‘‘(A) to the extent that the government of the
foreign country in which the society is headquartered
delegates authority and provides access to the Amer-
ican Bureau of Shipping to inspect, certify, and pro-
vide related services to vessels documented in that
country; and
‘‘(B) if the foreign classification society has of-
fices and maintains records in the United States.’’.
(b) CONFORMING AMENDMENTS.—(1) The heading
for section 3316 of title 46, United States Code, is amend-
ed to read as follows:
‘‘§ 3316. Classification societies’’.
(2) The table of sections for chapter 33 of title 46,
United States Code, is amended by striking the item relat-
ing to section 3316 and inserting the following:
‘‘3316. Classification societies.’’.
106
SEC. 1208. STUDY OF MARINE CASUALTY REPORTING RE-
QUIREMENTS.
The Coast Guard shall, within 9 months after the ef-
fective date of this title, conduct a study of current regu-
latory requirements regarding the reporting of marine cas-
ualties under section 6101 of title 46, United States Code,
to determine whether—
(1) marine casualties should be classified ac-
cording to the seriousness of nonfatal casualties;
(2) further regulations pertaining to the neces-
sity for alcohol and drug testing for each classifica-
tion need to be proposed;
(3) the regulations may exclude certain non-se-
rious casualties from the requirement that drug or
alcohol testing be performed; and
(4) the reporting of certain marine casualties
that may be classified as minor may be done on a
quarterly basis.
TITLE XIII—UNITED STATES
CRUISE VESSEL DEVELOPMENT
SEC. 1301. SHORT TITLE.
This title may be cited as the ‘‘United States Cruise
Vessel Development Act’’.
107
SEC. 1302. PURPOSE.
The purpose of this title is to promote construction
and operation of United States flag cruise vessels in the
United States.
SEC. 1303. COASTWISE TRANSPORTATION OF PASSENGERS.
Section 8 of the Act entitled ‘‘An Act to abolish cer-
tain fees for official services to American vessels, and to
amend the laws relating to shipping commissioners, sea-
men, and owners of vessels, and for other purposes’’, ap-
proved June 19, 1886 (46 App. U.S.C. 289), is amended
to read as follows:
‘‘SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.
‘‘(a) IN GENERAL.—Except as otherwise provided by
law, a vessel may transport passengers in coastwise trade
only if—
‘‘(1) the vessel is owned by a person that is—
‘‘(A) an individual who is a citizen of the
United States; or
‘‘(B) a corporation, partnership, or asso-
ciation that is a citizen of the United States
under section 2(a) of the Shipping Act, 1916;
‘‘(2) the vessel meets the requirements of sec-
tion 27 of the Merchant Marine Act, 1920; and
‘‘(3) for a vessel that is at least 5 net tons, the
vessel is issued a certificate of documentation under
108
chapter 121 of title 46, United States Code, with a
coastwise endorsement.
‘‘(b) EXCEPTION
FOR
VESSEL
UNDER
DEMISE
CHARTER.—
‘‘(1) IN GENERAL.—Subsection (a)(1) does not
apply to a cruise vessel operating under a demise
charter that—
‘‘(A) has a term of at least 18 months; and
‘‘(B) is to a person described in subsection
(a)(1).
‘‘(2) EXTENSION
OF
PERIOD
FOR
OPER-
ATION.—A cruise vessel authorized to operate in
coastwise trade under paragraph (1) based on a de-
mise charter described in paragraph (1) may operate
in that coastwise trade during a period following the
termination of the charter of not more than 6
months, if the operation—
‘‘(A) is approved by the Secretary; and
‘‘(B) in accordance with such terms as
may be prescribed by the Secretary for that ap-
proval.
‘‘(c) EXCEPTION FOR VESSEL TO BE REFLAGGED.—
‘‘(1) EXCEPTION.—Subsection (a)(2) and sec-
tion 12106(a)(2)(A) of title 46, United States Code,
do not apply to a cruise vessel if—
109
‘‘(A) the vessel—
‘‘(i) is not documented under chapter
121 of title 46, United States Code, on the
date of enactment of the United States
Cruise Vessel Development Act; and
‘‘(ii) is not less than 5 years old and
not more than 15 years old on the first
date that the vessel is documented under
that chapter after that date of enactment;
and
‘‘(B) the owner or charterer of the vessel
has entered into a contract for the construction
in the United States of another cruise vessel
that has a total berth or stateroom capacity
that is at least 80 percent of the capacity of the
cruise vessel.
‘‘(2) TERMINATION OF AUTHORITY TO OPER-
ATE.—Paragraph (1) does not apply to a vessel after
the date that is 18 months after the date on which
a certificate of documentation with a coastwise en-
dorsement is first issued for the vessel after the date
of enactment of the United States Cruise Vessel De-
velopment Act if, before the end of that 18-month
period, the keel of another vessel has not been laid,
or another vessel is not at a similar stage of con-
110
struction, under a contract required for the vessel
under paragraph (1)(B).
‘‘(3) EXTENSION OF PERIOD BEFORE TERMI-
NATION.—The Secretary of Transportation may ex-
tend the period under paragraph (2) for not more
than 6 months for good cause shown.
‘‘(d) LIMITATION ON OPERATIONS.—A person (in-
cluding a related person with respect to that person) that
owns or charters a cruise vessel operating in coastwise
trade under subsection (b) or (c) under a coastwise en-
dorsement may not operate any vessel between—
‘‘(1) any 2 ports served by another cruise vessel
that transports passengers in coastwise trade under
subsection (a) on the date the Secretary issues the
coastwise endorsement; or
‘‘(2) the islands of Hawaii.
‘‘(e) PENALTIES.—
‘‘(1) CIVIL
PENALTY.—A person operating a
vessel in violation of this section is liable to the
United States Government for a civil penalty of
$1,000 for each passenger transported in violation of
this section.
‘‘(2) FORFEITURE.—A vessel operated in know-
ing violation of this section, and its equipment, are
111
liable to seizure by and forfeiture to the United
States Government.
‘‘(3) 
DISQUALIFICATION
FROM
COASTWISE
TRADE.—A person that is required to enter into a
construction contract under subsection (c)(1)(B)
with respect to a cruise vessel (including any related
person with respect to that person) may not own or
operate any vessel in coastwise trade after the period
applicable under subsection (c)(2) with respect to
the cruise vessel, if before the end of that period a
keel is not laid and a similar stage of construction
is not reached under such a contract.
‘‘(f) DEFINITIONS.—In this section—
‘‘(1) the term ‘coastwise trade’ includes trans-
portation of a passenger between points in the
United States, either directly or by way of a foreign
port;
‘‘(2) the term ‘cruise vessel’ means a vessel
that—
‘‘(A) is at least 10,000 gross tons (as
measured under chapter 143 of title 46, United
States Code);
‘‘(B) has berth or stateroom accommoda-
tions for at least 200 passengers; and
‘‘(C) is not a ferry; and
112
‘‘(3) the term ‘related person’ means, with re-
spect to a person—
‘‘(A) a holding company, subsidiary, affili-
ate, or association of the person; and
‘‘(B) an officer, director, or agent of the
person or of an entity referred to in subpara-
graph (A).’’.
SEC. 1304. CONSTRUCTION STANDARDS.
Section 3309 of title 46, United States Code, is
amended by adding at the end the following:
‘‘(d)(1) A vessel described in paragraph (3) is deemed
to comply with parts B and C of this subtitle.
‘‘(2) The Secretary shall issue a certificate of inspec-
tion under subsection (a) to a vessel described in para-
graph (3).
‘‘(3) A vessel is described in this paragraph if—
‘‘(A) it meets the standards and conditions for
the issuance of a control verification certificate to a
foreign vessel embarking passengers in the United
States;
‘‘(B) a coastwise endorsement is issued for the
vessel under section 12106 of this title after the date
of enactment of the United States Cruise Vessel De-
velopment Act; and
113
‘‘(C) the vessel is authorized to engage in coast-
wise trade by reason of section 8(c) of the Act enti-
tled ‘An Act to abolish certain fees for official serv-
ices to American vessels, and to amend the laws re-
lating to shipping commissioners, seamen, and own-
ers of vessels, and for other purposes’, approved
June 19, 1886.’’.
SEC. 1305. CITIZENSHIP FOR PURPOSES OF DOCUMENTA-
TION.
Section 2 of the Shipping Act, 1916 (46 App. U.S.C.
802), is amended—
(1) in subsection (a) by inserting ‘‘other than
primarily in the transport of passengers,’’ after ‘‘the
coastwise trade’’; and
(2) by adding at the end the following:
‘‘(e) For purposes of determining citizenship under
subsection (a) with respect to operation of a vessel pri-
marily in the transport of passengers in coastwise trade,
the controlling interest in a partnership or association that
owns the vessel shall not be deemed to be owned by citi-
zens of the United States unless a majority interest in the
partnership or association is owned by citizens of the
United States free from any trust or fiduciary obligation
in favor of any person that is not a citizen of the United
States.’’.
114
SEC. 1306. LOAN GUARANTEES.
Title XI of the Act of June 29, 1936 (46 App. U.S.C.
1271 et seq.), is amended—
(1) in section 1101(b), by striking ‘‘passenger
cargo’’ and inserting ‘‘passenger, cargo,’’; and by
striking ‘‘owned by citizens of the United States’’;
(2) in section 1104B(a), in the material preced-
ing paragraph (1), by striking ‘‘owned by citizens of
the United States’’;
(3) in section 1110(a), by striking ‘‘owned by
citizens of the United States’’; and
(4) in section 1103, by adding at the end the
following:
‘‘(g) Notwithstanding any other law, the cost of a
loan guarantee commitment entered into under this title
shall be calculated using only the projected cost of that
individual guarantee.’’.
SEC. 1307. PERMITS FOR VESSELS ENTERING UNITS OF NA-
TIONAL PARK SYSTEM.
(a) PRIORITY.—Notwithstanding any other provision
of law, the Secretary of the Interior may not permit a per-
son to operate a vessel in any unit of the National Park
System except in accordance with the following priority:
(1) First, any person that—
115
(A) will operate a vessel that is docu-
mented under the laws of, and the home port
of which is located in, the United States; or
(B) holds rights to provide visitor services
under section 1307(a) of the Alaska National
Interest Lands Conservation Act (16 U.S.C.
3197(A)).
(2) Second, any person that will operate a ves-
sel that—
(A) is documented under the laws of a for-
eign country, and
(B) on the date of the enactment of this
Act is permitted to be operated by the person
in the unit.
(3) Third, any person that will operate a vessel
other than a vessel described in paragraph (1) or
(2).
(b) REVOCATION OF PERMITS FOR FOREIGN-DOCU-
MENTED VESSELS.—The Secretary of the Interior shall
revoke or refuse to renew permission granted by the Sec-
retary for the operation of a vessel documented under the
laws of a foreign country in a unit of the National Park
System, if—
116
(1) a person requests permission to operate a
vessel documented under the laws of the United
States in that unit; and
(2) the permission may not be granted because
of a limit on the number of permits that may be is-
sued for that operation.
(c) RESTRICTIONS ON REVOCATION OF PERMITS.—
The Secretary of the Interior may not revoke or refuse
to renew permission under subsection (b) for any person
holding rights to provide visitor services under section
1307(a) of the Alaska National Interest Lands Conserva-
tion Act (16 U.S.C. 3197(a)).
(d) RETURN OF PERMITS.—Any person whose per-
mission to provide visitors services in a unit of the Na-
tional Park System has been revoked or not renewed
under subsection (b) shall have the right of first refusal
to a permit to provide visitors services in that unit of the
National Park System that becomes available when the
conditions described in subsection (b) no longer apply.
Such right shall be limited to the number of permits which
are revoked or not renewed.
117
TITLE XIV—BOATING
IMPROVEMENT
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Boating Improvement
Act of 1994’’.
SEC. 1402. BOATING SAFETY GRANTS.
(a) TRANSFER OF AMOUNTS FOR STATE BOATING
SAFETY PROGRAMS.—
(1) TRANSFERS.—Section 4(b) of the Act of
August 9, 1950 (16 U.S.C. 777c(b)), is amended to
read as follows:
‘‘(b)(1) Of the balance of each annual appropriation
remaining after making the distribution under subsection
(a), an amount equal to $15,000,000 for fiscal year 1995,
$40,000,000 for fiscal year 1996, $55,000,000 for fiscal
year 1997, and $69,000,000 for each of fiscal years 1998
and 1999, shall, subject to paragraph (2), be used as fol-
lows:
‘‘(A) A sum equal to $7,500,000 of the amount
available for fiscal year 1995, and a sum equal to
$10,000,000 of the amount available for each of fis-
cal years 1996 and 1997, shall be available for use
by the Secretary of the Interior for grants under
section 5604(c) of the Clean Vessel Act of 1992.
Any portion of such a sum available for a fiscal year
118
that is not obligated for those grants before the end
of the following fiscal year shall be transferred to
the Secretary of Transportation and shall be ex-
pended by the Secretary of Transportation for State
recreational boating safety programs under section
13106 of title 46, United States Code.
‘‘(B) A sum equal to $7,500,000 of the amount
available for fiscal year 1995, $30,000,000 of the
amount available for fiscal year 1996, $45,000,000
of the amount available for fiscal year 1997, and
$59,000,000 of the amount available for each of fis-
cal years 1998 and 1999, shall be transferred to the
Secretary of Transportation and shall be expended
by the Secretary of Transportation for State rec-
reational boating safety programs under section
13106 of title 46, United States Code.
‘‘(C) A sum equal to $10,000,000 of the
amount available for each of fiscal years 1998 and
1999 shall be available for use by the Secretary of
the Interior for—
‘‘(i) grants under section 1403(e) of the
Boating Improvement Act of 1994; and
‘‘(ii) grants under section 5604(c) of the
Clean Vessel Act of 1992.
119
Any portion of such a sum available for a fiscal year that
is not obligated for those grants before the end of the fol-
lowing fiscal year shall be transferred to the Secretary of
Transportation and shall be expended by the Secretary of
Transportation for State recreational boating safety pro-
grams under section 13106 of title 46, United States
Code.
‘‘(2)(A) Beginning with fiscal year 1996, the amount
transferred under paragraph (1)(B) for a fiscal year shall
be reduced by the lesser of—
‘‘(i) the amount appropriated to the Secretary
of Transportation for that fiscal year to carry out
the purposes of section 13106 of title 46, United
States Code, from the Boat Safety Account in the
Aquatic Resources Trust Fund established under
section 9504 of the Internal Revenue Code of 1986;
or
‘‘(ii) $35,000,000; or
‘‘(iii) for fiscal year 1996 only, $30,000,000.
‘‘(B) The amount of any reduction under subpara-
graph (A) shall be apportioned among the several States
under subsection (d) by the Secretary of the Interior.’’.
(2) 
CONFORMING
AMENDMENT.—Section
5604(c)(1) of the Clean Vessel Act of 1992 (33
U.S.C. 1322 note) is amended by striking ‘‘section
120
4(b)(2) of the Act of August 9, 1950 (16 U.S.C.
777c(b)(2), as amended by this Act)’’ and inserting
‘‘section 4(b)(1) of the Act of August 9, 1950 (16
U.S.C. 777c(b)(1))’’.
(3) EXCESS FY 1995 BOAT SAFETY ACCOUNT
FUNDS TRANSFER.—Notwithstanding any other pro-
vision of law, $20,000,000 of the annual appropria-
tion from the Sport Fish Restoration Account in fis-
cal year 1996 made in accordance with the provi-
sions of section 3 of the Act of August 9, 1950 (16
U.S.C. 777b), shall be excluded from the calculation
of amounts to be distributed under section 4(a) of
such Act (16 U.S.C. 777c(a)).
(b) EXPENDITURE OF AMOUNTS FOR STATE REC-
REATIONAL
BOATING
SAFETY
PROGRAMS.—Section
13106 of title 46, United States Code, is amended—
(1) in subsection (a)(1) by striking the first
sentence and inserting the following: ‘‘Subject to
paragraph (2), the Secretary shall expend under
contracts with States under this chapter in each fis-
cal year for State recreational boating safety pro-
grams an amount equal to the sum of the amount
appropriated from the Boat Safety Account for that
fiscal year plus the amount transferred to the Sec-
retary under section 4(b)(1) of the Act of August 9,
121
1950 (16 U.S.C. 777c(b)(1)) for that fiscal year.’’;
and
(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) For expenditure under this chapter for State rec-
reational boating safety programs there are authorized to
be appropriated to the Secretary of Transportation from
the Boat Safety Account established under section
9503(c)(4) of the Internal Revenue Code of 1986 (26
U.S.C. 9503(c)(4)) not more than $35,000,000 each fiscal
year.’’.
SEC. 1403. BOATING ACCESS.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Nontrailerable recreational motorboats con-
tribute 15 percent of the gasoline taxes deposited in
the Aquatic Resources Trust Fund while constitut-
ing less than 5 percent of the recreational vessels in
the United States.
(2) The majority of recreational vessel access
facilities constructed with Aquatic Resources Trust
Fund moneys benefit trailerable recreational vessels.
(3) More Aquatic Resources Trust Fund mon-
eys should be spent on recreational vessel access fa-
122
cilities that benefit recreational vessels that are
nontrailerable vessels.
(b) PURPOSE.—The purpose of this section is to pro-
vide funds to States for the development of public facilities
for transient nontrailerable vessels.
(c) SURVEY.—Within 18 months after the date of the
enactment of this Act, any State may complete and submit
to the Secretary of the Interior a survey which identifies—
(1) the number and location in the State of all
public facilities for transient nontrailerable vessels;
and
(2) the number and areas of operation in the
State of all nontrailerable vessels that operate on
navigable waters in the State.
(d) PLAN.—Within 6 months after submitting a sur-
vey to the Secretary of the Interior in accordance with
subsection (c), a State may develop and submit to the Sec-
retary of the Interior a plan for the construction and ren-
ovation of public facilities for transient nontrailerable ves-
sels to meet the needs of nontrailerable vessels operating
on navigable waters in the State.
(e) GRANT PROGRAM.—
(1) MATCHING GRANTS.—The Secretary of the
Interior may obligate not less than 1⁄2 of the amount
made available for each of fiscal years 1998 and
123
1999 under section 4(b)(1)(C) of the Act of August
9, 1950, as amended by section 1402(a)(1) of this
title, to make grants to any State to pay not more
than 75 percent of the cost of constructing or ren-
ovating public facilities for transient nontrailerable
vessels.
(2) PRIORITIES.—
(A) IN
GENERAL.—In awarding grants
under this subsection, the Secretary of the Inte-
rior shall give priority to projects that consist
of the construction or renovation of public fa-
cilities for transient nontrailerable vessels in ac-
cordance with a plan submitted by a State sub-
mitted under subsection (b).
(B) WITHIN STATE.—In awarding grants
under this subsection for projects in a particu-
lar State, the Secretary of the Interior shall
give priority to projects that are likely to serve
the greatest number of nontrailerable vessels.
SEC. 1404. DEFINITIONS.
For the purpose of this title the term—
(1) ‘‘Act of August 9, 1950’’ means the Act en-
titled ‘‘An Act to provide that the United States
shall aid the States in fish restoration and manage-
124
ment projects, and for other purposes’’, approved
August 9, 1950 (16 U.S.C. 777a et seq.);
(2) ‘‘nontrailerable vessel’’ means a recreational
vessel greater than 26 feet in length;
(3) ‘‘public facilities for transient nontrailerable
vessels’’ means mooring buoys, day-docks, seasonal
slips or similar structures located on navigable wa-
ters, that are available to the general public and de-
signed for temporary use by nontrailerable vessels;
(4) ‘‘recreational vessel’’ means a vessel—
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another
for the latter’s pleasure; and
(5) ‘‘State’’ means each of the several States of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
TITLE XV—TOWING VESSEL
NAVIGATIONAL SAFETY
SEC. 1501. SHORT TITLE.
This title may be cited as the ‘‘Towing Vessel Naviga-
tional Safety Act of 1994’’.
125
SEC. 1502. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT
FOR TOWING VESSELS.
(a) IN GENERAL.—Section 4102 of title 46, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(f)(1) In prescribing regulations for towing vessels,
the Secretary shall—
‘‘(A) consider the characteristics, methods of
operation, and nature of the service of towing ves-
sels;
‘‘(B) consult with the Towing Safety Advisory
Committee; and
‘‘(C) require, to the extent appropriate, the in-
stallation, maintenance, and use of and familiarity
with the following equipment on each towing vessel,
other than a towing vessel that is used only for tow-
ing disabled vessels:
‘‘(i) A radar system.
‘‘(ii) An electronic position-fixing device.
‘‘(iii) A sonic depth finder.
‘‘(iv) A compass or swing meter.
‘‘(v) Adequate towing wire and associated
equipment.
‘‘(vi) Up-to-date navigational charts and
publications for the areas normally transited by
the vessel.
126
‘‘(vii) Other safety equipment the Sec-
retary determines to be necessary.
‘‘(2) The Secretary shall establish in regulations
under this chapter requirements that—
‘‘(A) any equipment required on a towing vessel
under paragraph (1) shall be maintained in effective
operating condition; and
‘‘(B) if such equipment on a vessel ceases to op-
erate, the master of the vessel shall exercise due dili-
gence to restore the equipment to effective operating
condition, or cause it to be restored to that condi-
tion, at the earliest practicable date.’’.
(b) REGULATIONS.—The Secretary of Transportation
shall issue regulations by not later than 12 months after
the date of the enactment of this Act, prescribing naviga-
tional publication and equipment requirements under sub-
section (f) of section 4102 of title 46, United States Code,
as added by subsection (a) of this section.
SEC. 1503. REPORTING MARINE CASUALTIES.
(a) EXPEDITED REPORTING REQUIRED.—Section
6101(b) of title 46, United States Code, is amended by
striking ‘‘within 5 days’’ and inserting ‘‘by as soon as
practicable, but in no case later than within 5 days,’’.
(b) PENALTY
FOR FAILURE TO REPORT
A CAS-
UALTY.—Section 6103(a) of title 46, United States Code
127
is amended by striking ‘‘$1,000’’ and inserting ‘‘not more
than $25,000’’.
SEC. 1504. REPORT ON FEASIBILITY OF ESTABLISHING A
DIFFERENTIAL GLOBAL POSITIONING SAT-
ELLITE 
NAVIGATION 
SYSTEM 
AND 
ELEC-
TRONIC CHARTS FOR INLAND WATERWAYS.
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary of Transportation shall
submit a report to the Congress on the feasibility of estab-
lishing a differential global positioning satellite navigation
system and creating electronic charts for the inland water-
ways of the United States.
SEC. 1505. MANNING AND LICENSING REQUIREMENTS FOR
TOWING VESSELS.
(a) MANNING REQUIREMENTS.—Section 8904 of title
46, United States Code, is amended by adding at the end
the following:
‘‘(c) A towing vessel that is at least 26 feet in length,
other than a vessel referred to in subsection (b), shall—
‘‘(1) while being operated, have on board an in-
dividual licensed by the Secretary as a master of
that type of towing vessel; and
‘‘(2) be operated by an individual licensed by
the Secretary to operate that type of towing vessel.’’.
128
(b) REGULATIONS ESTABLISHING LICENSES
FOR
MASTERS AND OPERATORS.—Section 7101 of title 46,
United States Code, is amended by adding at the end the
following:
‘‘(j)(1) The Secretary shall prescribe regulations
which establish licenses for masters and mates of towing
vessels.
‘‘(2) Regulations under this subsection shall provide
that an individual may be issued a license as a master
or mate of a towing vessel only if the individual—
‘‘(A) demonstrates proficiency in the use of the
equipment 
required 
pursuant 
to 
section
4102(f)(1)(C) of this title; and
‘‘(B) demonstrates proficiency in operating a
towing vessel.
‘‘(3) Regulations under this subsection may establish
standards and procedures under which the Secretary may
delegate, to individuals who have experience in the oper-
ation of towing vessels and to other qualified persons, the
authority to conduct examinations required for the issu-
ance of a license as a master or mate of a towing vessel.’’.
(c) EXISTING UNINSPECTED TOWING VESSEL OPER-
ATOR LICENSE HOLDERS.—An uninspected towing vessel
operator license that is valid on the effective date of this
section shall be valid as a master or mate license required
129
by section 8904 of title 46, United States Code, as amend-
ed by this section, until otherwise required to be renewed.
The Secretary shall require that an individual applying for
a first renewal of such a license as a master or mate li-
cense under that section demonstrate proficiency under
the requirements of section 7101(j) of title 46, United
States Code, as added by this section.
(d) EFFECTIVE DATE.—The amendments made by
this section, other than the amendments made by sub-
section (e), shall take effect 2 years after the date of the
enactment of this Act.
(e) DEADLINE FOR REGULATIONS.—The Secretary
of the department in which the Coast Guard is operating
shall issue regulations under the amendments made by
this section by not later than 1 year after the date of the
enactment of this Act.
SEC. 1506. 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’’.
130
SEC. 1507. 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 paragraphs (2) and (3), a per-
son’’; 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
131
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).
‘‘(3) The Secretary shall prescribe regulations
which provide that no more than 30 percent of the
individuals serving on board a vessel operating on
the rivers of Alaska shall be required to hold a mer-
chant mariner’s document or license issued by the
Secretary under this title.’’.
(c) PRIVACY OF INFORMATION.—The Secretary of
Transportation may not make available to a member of
the public any personal information concerning an individ-
ual 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.
132
TITLE XVI—PROMOTION OF CON-
STRUCTION 
AND 
DEVELOP-
MENT 
OF 
UNITED 
STATES
OFFSHORE SUPPLY VESSELS
SEC. 1601. SHORT TITLE.
This title may be cited as the ‘‘Offshore Supply Ves-
sel Construction and Development Act of 1994’’.
SEC. 1602. DEFINITION OF OFFSHORE SUPPLY VESSEL.
Section 2101(19) of title 46, United States Code, is
amended to read as follows:
‘‘(19) ‘offshore supply vessel’ means a motor
vessel that regularly transports goods, supplies, indi-
viduals in addition to the crew, or equipment in sup-
port of exploration, exploitation, or production of
offshore mineral or energy resources that—
‘‘(A) is more than 15 regulatory gross tons
but less than 500 regulatory gross tons; or
‘‘(B) is more than 15 international gross
tons, and not more than a maximum number of
international gross tons prescribed by regula-
tion of the Secretary.’’.
SEC. 1603. APPLICATION TO VESSELS.
(a) Section 3702(b) of title 46, United States Code,
is amended to read as follows:
133
‘‘(b)(1) The following vessels are deemed not to be
a tank vessel for purposes of this chapter or any other
law:
‘‘(A) An offshore supply vessel.
‘‘(B) A fishing or fish tender vessel of not more
than 750 regulatory gross tons, when engaged in the
fishing industry.
‘‘(2) This subsection does not affect the authority of
the Secretary under chapter 33 of this title to regulate
the operation of vessels listed in paragraph (1) of this sub-
section to ensure the safe carriage of oil and hazardous
substances.’’.
(b) Section 3306(a) of title 46, United States Code,
is amended after ‘‘safety’’ by inserting ‘‘of the marine en-
vironment and’’.
(c) Section 5209 of Public Law 102–587 is repealed.
(d) Section 321 of Public Law 103–206 is repealed.
SEC. 1604. AUTHORITY TO PRESCRIBE REGULATIONS FOR
MANNING AND LICENSING.
(a) Section 7310 of title 46, United States Code, is
amended to read as follows:
‘‘§ 7310. Able seamen—offshore supply vessels
‘‘For service on an offshore supply vessel, an individ-
ual may be rated as able seaman—offshore supply vessels
if the individual has the following service on deck on board
134
vessels operating on the oceans or the navigable waters
of the United States (including the Great Lakes):
‘‘(1) At least 6 months service on a vessel of
less than 500 regulatory gross tons or 1600 inter-
national gross tons.
‘‘(2) An amount and type of service prescribed
by the Secretary on a vessel of at least 1600 inter-
national gross tons.’’.
(b) Section 7312(d) of title 46, United States Code,
is amended by striking ‘‘a vessel of less than 500 gross
tons’’ through ‘‘energy resources’’ and inserting ‘‘an off-
shore supply vessel’’.
(c) Section 8104(g) of title 46, United States Code,
is amended—
(1) after ‘‘offshore supply vessel’’ by inserting
‘‘of less than 500 regulatory gross tons or 1600
international gross tons’’; and
(2) by adding at the end of the subsection:
‘‘The Secretary may prescribe requirements for the
minimum number of watches on an offshore supply
vessel of at least 1600 international gross tons.’’.
(d) Section 8301(b) of title 46, United States Code,
is amended—
135
(1) after ‘‘offshore supply vessel’’ by inserting
‘‘of less than 500 regulatory gross tons or 1600
international gross tons,’’;
(2) after ‘‘200’’ by inserting ‘‘regulatory’’; and
(3) by adding at the end of the subsection,
‘‘The Secretary may prescribe requirements for the
minimum number of licensed individuals on an off-
shore supply vessel of at least 1600 international
gross tons.’’.
SEC. 1605. CITIZENSHIP REQUIREMENT.
Section 8103(b)(3)(A) of title 46, United States
Code, is amended to read as follows:
‘‘(A) an offshore supply vessel, or a similarly
engaged vessel of less than 1600 regulatory gross
tons or not more than a maximum number of inter-
national gross tons prescribed by regulation of the
Secretary, that operates from a foreign port;’’.
SEC. 1606. RESPONSE PLANNING REQUIREMENT.
(a) Chapter 31 of title 46, United States Code, is
amended by adding at the end the following section:
‘‘§ 3103. Vessel response plans for offshore supply
vessels
‘‘(a) The Secretary shall prescribe regulations for ves-
sel pollution response plans for domestic operations of an
offshore supply vessel if—
136
‘‘(1) the vessel is more than 400 international
gross tons; and
‘‘(2) the keel of the vessel is laid after July 18,
1994 or the vessel undergoes a change substantially
affecting its tonnage after that date.
‘‘(b) In prescribing regulations under this section, the
Secretary shall consider the unique characteristics, meth-
ods of operation, and nature of the service of the vessels
and risk to the environment.’’.
(b) The table of sections for chapter 31 of title 46,
United States Code, is amended by adding at the end the
following:
‘‘3103. Vessel response plans for offshore supply vessels.’’.
SEC. 1607. TONNAGE MEASUREMENT DEFINITIONS.
Section 14101 of title 46, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before ‘‘In this part’’;
and
(2) by adding at the end the following new sub-
section:
‘‘(b) When used in a law, regulation, document, rul-
ing, or other official act referring to the tonnage measure-
ment of a vessel—
‘‘(1) ‘international gross tons’ means gross tons
as measured under chapter 143 of this title; and
137
‘‘(2) ‘regulatory gross tons’ means gross tons as
measured under chapter 145 of this title.’’.
TITLE XVII—LIGHTHOUSE AND
OTHER PROPERTY CONVEY-
ANCES
SEC. 1701. CONVEYANCE OF COAST GUARD PROPERTY IN
TRAVERSE CITY, MICHIGAN.
(a) REQUIREMENT.—The Secretary of Transpor-
tation (or any other official having control over the prop-
erty described in subsection (b)) shall expeditiously convey
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
138
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.
139
SEC. 1702. TRANSFER OF COAST GUARD PROPERTY IN
KETCHIKAN, ALASKA.
(a) CONVEYANCE REQUIREMENT.—The Secretary of
Transportation, in cooperation with the Administrator of
General Services, shall convey to the Ketchikan Indian
Corporation in Ketchikan, Alaska, without reimbursement
and by no later than 120 days after the date of enactment
of this Act, all right, title, and interest of the United
States in and to the property known as the ‘‘Former Ma-
rine Safety Detachment’’ as identified in Report of Excess
Number CG–689 (GSA Control Number 9–U–AK–0747)
and described in subsection (b), for use by the Ketchikan
Indian Corporation as a health or social services facility.
(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
140
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. 1703. 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.
141
(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.—In addition to
any term or condition established pursuant to para-
graph (1), any conveyance of property comprising
the Montauk Light Station pursuant to subsection
(a) shall be subject to the condition that all right,
title, and interest in and to the property so conveyed
shall immediately revert to the United States if the
property, or any part thereof—
(A) 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 his-
tory of Montauk, New York, and Native Amer-
ican and colonial history;
142
(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 (16 U.S.C. 470 et
seq.).
(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
143
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.
144
(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) FOR PURPOSES OF THIS SECTION.—
(1) the term ‘‘Montauk Light Station’’ means
the Coast Guard light station known as Light Sta-
tion Montauk Point, located at Montauk, New York,
including the keeper’s dwellings, adjacent Coast
Guard rights of way, the World War II submarine
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. 1704. CONVEYANCE OF CAPE ANN LIGHTHOUSE.
(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.
145
(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
146
(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-
147
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 the convey-
ance.
148
SEC. 1705. TRANSFER OF OCRACOKE LIGHT STATION TO
SECRETARY OF THE INTERIOR.
The Secretary of Transportation shall transfer ad-
ministrative jurisdiction over the Federal property, con-
sisting of approximately 2 acres, known as the Ocracoke
Light Station, to the Secretary of the Interior, subject to
such reservations, terms, and conditions as may be nec-
essary for Coast Guard purposes. All property so trans-
ferred shall be included in and administered as part of
the Cape Hatteras National Seashore.
SEC. 1706. SQUIRREL POINT LIGHTHOUSE.
(a) CONVEYANCE AUTHORIZATION.—
(1) AUTHORIZATION.—The Secretary of Trans-
portation may convey to Squirrel Point Associates,
Inc., by an appropriate means of conveyance, all
right, title, and interest of the United States in and
to property comprising Squirrel Point Lighthouse,
located in the town of Arrowsic, Maine.
(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.—A conveyance of property
pursuant to this section shall be made—
(A) without payment of consideration; and
149
(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.—In addition to
any term or condition established pursuant to para-
graph (1), any conveyance of property comprising
the Squirrel Point Lighthouse pursuant to sub-
section (a) shall be subject to the condition that all
right, title, and interest in and to the property so
conveyed shall immediately revert to the United
States if the property, or any part thereof—
(A) 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 and the maritime
history of Maine;
(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 (16 U.S.C. 470 et
seq.).
150
(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 Squirrel Point Associates, Inc.,
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 Squirrel Point
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; and
151
(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.
(4) MAINTENANCE OF LIGHTHOUSE.—Any con-
veyance of property under this section shall be sub-
ject to the condition that the Squirrel Point Associ-
ates shall maintain the Eastern Point Lighthouse in
accordance with the provisions of the National His-
toric Preservation Act (16 U.S.C. 470 et seq.) and
other applicable laws.
(5) OBLIGATION
LIMITATION.—The Squirrel
Point Associates, Inc., shall not have any obligation
to maintain any active aid to navigation equipment
on the property conveyed pursuant to this section.
(c) DEFINITIONS.—For purposes of this section, the
term ‘‘Squirrel Point Lighthouse’’ means the Coast Guard
property located in the town of Arrowsic, County of
Sagadahoc, Maine, including the light tower, dwelling,
boathouse, oil house, barn, any other ancillary buildings,
and such land as may be necessary to enable Squirrel
Point Associates, Inc., to operate a nonprofit center for
public benefit, except any historical artifact, including any
lens or lantern, located on the property at or before the
time of the conveyance.
152
SEC. 1707. CONVEYANCE OF CERTAIN LIGHTHOUSES LO-
CATED IN MAINE.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—Subject to paragraphs (3)
and (4), the Secretary of Transportation may con-
vey, without consideration, to the Island Institute,
Rockland, Maine (in this section referred to as the
‘‘Institute’’), all right, title, and interest of the Unit-
ed States in and to any of the facilities and real
property and improvements described in paragraph
(2).
(2) COVERED FACILITIES.—Paragraph (1) ap-
plies to lighthouses, together with any real property
and other improvements associated therewith, lo-
cated in the State of Maine as follows:
(A) Whitehead Island Light.
(B) Deer Island Thorofare (Mark Island)
Light.
(C) Burnt Island Light.
(D) Rockland Harbor Breakwater Light.
(E) Monhegan Island Light.
(F) Eagle Island Light.
(G) Curtis Island Light.
(H) Moose Peak Light.
(I) Great Duck Island Light.
(J) Goose Rocks Light.