•HR 1361 EH1S
1508.75 feet, thence south 03 degrees 06 minutes 00 sec-
onds west 400.61 to the point of beginning, consisting of
27.10 acres of land, and all improvements located on that
property including buildings, structures, and equipment.
(c) REVERSIONARY INTEREST.—In addition to any
term or condition established pursuant to subsection (a),
any conveyance of property described in subsection (b)
shall be subject to the condition that all right, title, and
interest in and to the property so conveyed shall imme-
diately revert to the United States if the property, or any
part thereof, ceases to be used by the Traverse City School
District.
SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN
KETCHIKAN, ALASKA.
(a) CONVEYANCE REQUIREMENT.—The Secretary of
Transportation shall convey to the Ketchikan Indian Cor-
poration in Ketchikan, Alaska, without reimbursement
and by no later than 120 days after the date of enactment
of this Act, all right, title, and interest of the United
States in and to the property known as the ‘‘Former Ma-
rine Safety Detachment’’ as identified in Report of Excess
Number CG–689 (GSA Control Number 9–U–AK–0747)
and described in subsection (b), for use by the Ketchikan
Indian Corporation as a health or social services facility.
•HR 1361 EH1S
(b) PROPERTY DESCRIBED.—The property referred
to in subsection (a) is real property located in the city
of Ketchikan, Township 75 south, range 90 east, Copper
River Meridian, First Judicial District, State of Alaska,
and commencing at corner numbered 10, United States
Survey numbered 1079, the true point of beginning for
this description: Thence north 24 degrees 04 minutes east,
along the 10–11 line of said survey a distance of 89.76
feet to corner numbered 1 of lot 5B; thence south 65 de-
grees 56 minutes east a distance of 345.18 feet to corner
numbered 2 of lot 5B; thence south 24 degrees 04 minutes
west a distance of 101.64 feet to corner numbered 3 of
lot 5B; thence north 64 degrees 01 minute west a distance
of 346.47 feet to corner numbered 10 of said survey, to
the true point of beginning, consisting of 0.76 acres (more
or less), and all improvements located on that property,
including buildings, structures, and equipment.
(c) REVERSIONARY INTEREST.—In addition to any
term or condition established pursuant to subsection (a),
any conveyance of property described in subsection (b)
shall be subject to the condition that all right, title, and
interest in and to the property so conveyed shall imme-
diately revert to the United States if the property, or any
part thereof, ceases to be used by the Ketchikan Indian
Corporation as a health or social services facility.
•HR 1361 EH1S
SEC. 403. ELECTRONIC FILING OF COMMERCIAL INSTRU-
MENTS.
Section 31321(a) of title 46, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(4)(A) A bill of sale, conveyance, mortgage, assign-
ment, or related instrument may be filed electronically
under regulations prescribed by the Secretary.
‘‘(B) A filing made electronically under subparagraph
(A) shall not be effective after the 10-day period beginning
on the date of the filing unless the original instrument
is provided to the Secretary within that 10-day period.’’.
SEC. 404. BOARD FOR CORRECTION OF MILITARY RECORDS
DEADLINE.
(a) REMEDIES DEEMED EXHAUSTED.—Ten months
after a complete application for correction of military
records is received by the Board for Correction of Military
Records of the Coast Guard, administrative remedies are
deemed to have been exhausted, and—
(1) if the Board has rendered a recommended
decision, its recommendation shall be final agency
action and not subject to further review or approval
within the Department of Transportation; or
(2) if the Board has not rendered a rec-
ommended decision, agency action is deemed to have
•HR 1361 EH1S
been unreasonably delayed or withheld and the ap-
plicant is entitled to—
(A) an order under section 706(1) of title
5, United States Code, directing final action be
taken within 30 days from the date the order
is entered; and
(B) from amounts appropriated to the De-
partment of Transportation, the costs of obtain-
ing the order, including a reasonable attorney’s
fee.
(b) EXISTING DEADLINE MANDATORY.—The 10-
month deadline established in section 212 of the Coast
Guard Authorization Act of 1989 (Public Law 101–225,
103 Stat. 1914) is mandatory.
(c) APPLICATION.—This section applies to all appli-
cations filed with or pending before the Board or the Sec-
retary of Transportation on or after June 12, 1990. For
applications that were pending on June 12, 1990, the 10-
month deadline referred to in subsection (b) shall be cal-
culated from June 12, 1990.
SEC. 405. JUDICIAL SALE OF CERTAIN DOCUMENTED VES-
SELS TO ALIENS.
Section 31329 of title 46, United States Code, is
amended by adding at the end the following new sub-
section:
•HR 1361 EH1S
‘‘(f) This section does not apply to a documented ves-
sel that has been operated only—
‘‘(1) as a fishing vessel, fish processing vessel,
or fish tender vessel; or
‘‘(2) for pleasure.’’.
SEC. 406. IMPROVED AUTHORITY TO SELL RECYCLABLE
MATERIAL.
Section 641(c)(2) of title 14, United States Code, is
amended by inserting before the period the following: ‘‘,
except that the Commandant may conduct sales of mate-
rials for which the proceeds of sale will not exceed $5,000
under regulations prescribed by the Commandant’’.
SEC. 407. RECRUITMENT OF WOMEN AND MINORITIES.
Not later than January 31, 1996, the Commandant
of the Coast Guard shall report to the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate, on the status of and
the problems in recruitment of women and minorities into
the Coast Guard. The report shall contain specific plans
to increase the recruitment of women and minorities and
legislative recommendations needed to increase the re-
cruitment of women and minorities.
•HR 1361 EH1S
SEC. 408. LIMITATION OF CERTAIN STATE AUTHORITY
OVER VESSELS.
(a) SHORT TITLE.—This section may be cited as the
‘‘California Cruise Industry Revitalization Act’’.
(b) LIMITATION.—Section 5(b)(2) of the Act of Janu-
ary 2, 1951 (15 U.S.C. 1175(b)(2)), commonly referred
to as the ‘‘Johnson Act’’, is amended by adding at the
end the following:
‘‘(C) EXCLUSION
OF
CERTAIN
VOYAGES
AND SEGMENTS.—Except for a voyage or seg-
ment of a voyage that occurs within the bound-
aries of the State of Hawaii, a voyage or seg-
ment of a voyage is not described in subpara-
graph (B) if it includes or consists of a seg-
ment—
‘‘(i) that begins and ends in the same
State;
‘‘(ii) that is part of a voyage to an-
other State or to a foreign country; and
‘‘(iii) in which the vessel reaches the
other State or foreign country within 3
days after leaving the State in which it be-
gins.’’.
•HR 1361 EH1S
SEC. 409. VESSEL FINANCING.
(a) DOCUMENTATION CITIZEN ELIGIBLE MORTGA-
GEE.—Section 31322(a)(1)(D) of title 46, United States
Code, is amended—
(1) 
by 
striking 
‘‘or’’ 
at 
the 
end 
of
31322(a)(1)(D)(v) and inserting ‘‘or’’ at the end of
31322(a)(1)(D)(vi); and
(2) by adding at the end a new subparagraph
as follows:
‘‘(vii) a person eligible to own a docu-
mented vessel under chapter 121 of this title.’’.
(b) AMENDMENT TO TRUSTEE RESTRICTIONS.—Sec-
tion 31328(a) of title 46, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of 31328(a)(3)
and inserting ‘‘or’’ at the end of 31328(a)(4); and
(2) by adding at the end a new subparagraph
as follows:
‘‘(5) is a person eligible to own a documented
vessel under chapter 121 of this title.’’.
(c) LEASE FINANCING.—Section 12106 of title 46,
United States Code, is amended by adding at the end the
following new subsections:
‘‘(e)(1) A certificate of documentation for a vessel
may be endorsed with a coastwise endorsement if—
•HR 1361 EH1S
‘‘(A) the vessel is eligible for documentation
under section 12102;
‘‘(B) the person that owns the vessel, a parent
entity of that person, or a subsidiary of a parent en-
tity of that person, is engaged in lease financing;
‘‘(C) the vessel is under a demise charter to a
person qualifying as a citizen of the United States
for engaging in the coastwise trade under section 2
of the Shipping Act, 1916;
‘‘(D) the demise charter is for—
‘‘(i) a period of at least 3 years; or
‘‘(ii) a shorter period as may be prescribed
by the Secretary; and
‘‘(E) the vessel is otherwise qualified under this
section to be employed in the coastwise trade.
‘‘(2) Upon default by a bareboat charterer of a de-
mise charter required under paragraph (1)(D), the coast-
wise endorsement of the vessel may, in the sole discretion
of the Secretary, be continued after the termination for
default of the demise charter for a period not to exceed
6 months on terms and conditions as the Secretary may
prescribe.
‘‘(3) For purposes of section 2 of the Shipping Act,
1916, and section 12102(a) of this title, a vessel meeting
•HR 1361 EH1S
the criteria of subsection is deemed to be owned exclusively
by citizens of the United States.’’.
(d) CONFORMING AMENDMENT.—Section 9(c) of the
Shipping Act, 1916, as amended (46 App. U.S.C. 808(c))
is amended by inserting ‘‘12106(e),’’ after the word ‘‘sec-
tions’’ and before 31322(a)(1)(D).
SEC. 410. SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products
purchased with funds made available under this Act
should be American-made.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the official
responsible for providing the assistance, to the greatest
extent practicable, shall provide to each recipient of the
assistance a notice describing the statement made in sub-
section (a) by the Congress.
SEC. 411. SPECIAL SELECTION BOARDS.
(a) REQUIREMENT.—Chapter 21 of title 14, United
States Code, is amended by adding at the end the follow-
ing new section:
•HR 1361 EH1S
‘‘§ 747. Special selection boards
‘‘(a) The Secretary shall provide for special selection
boards to consider the case of any officer who is eligible
for promotion who—
‘‘(1) was not considered for selection for pro-
motion by a selection board because of administra-
tive error; or
‘‘(2) was considered for selection for promotion
by a selection board but not selected because—
‘‘(A) the action of the board that consid-
ered the officer was contrary to law or involved
a material error of fact or material administra-
tive error; or
‘‘(B) the board that considered the officer
did not have before it for its consideration ma-
terial information.
‘‘(b) Not later than 6 months after the date of the
enactment of the Coast Guard Authorization Act For Fis-
cal Year 1996, the Secretary shall issue regulations to im-
plement this section. The regulations shall conform, as ap-
propriate, to the regulations and procedures issued by the
Secretary of Defense for special selection boards under
section 628 of title 10, United States Code.’’.
•HR 1361 EH1S
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 21 of title 14, United States Code, is amended
by adding after the item for section 746 the following:
‘‘747. Special selection boards.’’.
SEC. 412. AVAILABILITY OF EXTRAJUDICIAL REMEDIES
FOR DEFAULT ON PREFERRED MORTGAGE
LIENS ON VESSELS.
(a) AVAILABILITY OF EXTRAJUDICIAL REMEDIES.—
Section 31325(b) of title 46, United States Code, is
amended—
(1) in the matter preceding paragraph (1) by
striking ‘‘mortgage may’’ and inserting ‘‘mortgagee
may’’;
(2) in paragraph (1) by—
(A) striking ‘‘perferred’’ and inserting
‘‘preferred’’; and
(B) striking ‘‘; and’’ and inserting a semi-
colon; and
(3) by adding at the end the following:
‘‘(3) enforce the preferred mortgage lien or a
claim for the outstanding indebtedness secured by
the mortgaged vessel, or both, by exercising any
other remedy (including an extrajudicial remedy)
against a documented vessel, a vessel for which an
application for documentation is filed under chapter
121 of this title, a foreign vessel, or a mortgagor,
•HR 1361 EH1S
maker, comaker, or guarantor for the amount of the
outstanding indebtedness or any deficiency in full
payment of that indebtedness, if—
‘‘(A) the remedy is allowed under applica-
ble law; and
‘‘(B) the exercise of the remedy will not re-
sult in a violation of section 9 or 37 of the
Shipping Act, 1916 (46 App. U.S.C. 808,
835).’’.
(b) NOTICE.—Section 31325 of title 46, United
States Code, is further amended by adding at the end the
following:
‘‘(f)(1) Before title to the documented vessel or vessel
for which an application for documentation is filed under
chapter 121 is transferred by an extrajudicial remedy, the
person exercising the remedy shall give notice of the pro-
posed transfer to the Secretary, to the mortgagee of any
mortgage on the vessel filed in substantial compliance with
section 31321 of this title before notice of the proposed
transfer is given to the Secretary, and to any person that
recorded a notice of a claim of an undischarged lien on
the vessel under section 31343(a) or (d) of this title before
notice of the proposed transfer is given to the Secretary.
‘‘(2) Failure to give notice as required by this sub-
section shall not affect the transfer of title to a vessel.
•HR 1361 EH1S
However, the rights of any holder of a maritime lien or
a preferred mortgage on the vessel shall not be affected
by a transfer of title by an extrajudicial remedy exercised
under this section, regardless of whether notice is required
by this subsection or given.
‘‘(3) The Secretary shall prescribe regulations estab-
lishing the time and manner for providing notice under
this subsection.’’.
(c) RULE
OF CONSTRUCTION.—The amendments
made by subsections (a) and (b) may not be construed
to imply that remedies other than judicial remedies were
not available before the date of enactment of this section
to enforce claims for outstanding indebtedness secured by
mortgaged vessels.
SEC. 413. IMPLEMENTATION OF WATER POLLUTION LAWS
WITH RESPECT TO VEGETABLE OIL.
(a) DIFFERENTIATION AMONG FATS, OILS, AND
GREASES.—
(1) IN
GENERAL.—In issuing or enforcing a
regulation, an interpretation, or a guideline relating
to a fat, oil, or grease under a Federal law related
to water pollution control, the head of a Federal
agency shall—
(A) differentiate between and establish
separate classes for—
•HR 1361 EH1S
(i)(I) animal fats; and
(II) vegetable oils; and
(ii) other oils, including petroleum oil;
and
(B) apply different standards to different
classes of fat and oil as provided in paragraph
(2).
(2) CONSIDERATIONS.—In differentiating be-
tween the classes of animal fats and vegetable oils
referred to in paragraph (1)(A)(i) and the classes of
oils described in paragraph (1)(A)(ii), the head of a
Federal agency shall consider differences in physical,
chemical, biological, and other properties, and in the
environmental effects, of the classes.
(b) FINANCIAL RESPONSIBILITY.—
(1) LIMITS ON LIABILITY.—Section 1004(a)(1)
of the Oil Pollution Act of 1990 (33 U.S.C.
2704(a)(1)) is amended by striking ‘‘for a tank ves-
sel,’’ and inserting ‘‘for a tank vessel carrying oil in
bulk as cargo or cargo residue (except a tank vessel
on which the only oil carried is an animal fat or veg-
etable oil, as those terms are defined in section
413(c) of the Coast Guard Authorization Act for
Fiscal Year 1996),’’.
•HR 1361 EH1S
(2) FINANCIAL
RESPONSIBILITY.—The first
sentence of section 1016(a) of the Act (33 U.S.C.
2716(a)) is amended by striking ‘‘, in the case of a
tank vessel, the responsible party could be subject
under section 1004(a)(1) or (d) of this Act, or to
which, in the case of any other vessel, the respon-
sible party could be subjected under section
1004(a)(2) or (d)’’ and inserting ‘‘the responsible
party could be subjected under section 1004(a) or
(d) of this Act’’.
(c) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) ANIMAL
FAT.—The term ‘‘animal fat’’
means each type of animal fat, oil, or grease, includ-
ing fat, oil, or grease from fish or a marine mammal
and any fat, oil, or grease referred to in section
61(a)(2) of title 13, United States Code.
(2) VEGETABLE OIL.—The term ‘‘vegetable oil’’
means each type of vegetable oil, including vegetable
oil from a seed, nut, or kernel and any vegetable oil
referred to in section 61(a)(1) of title 13, United
States Code.
•HR 1361 EH1S
SEC. 414. CERTAIN INFORMATION FROM MARINE CAS-
UALTY INVESTIGATIONS BARRED IN LEGAL
PROCEEDINGS.
(a) IN GENERAL.—Title 46, United States Code, is
amended by inserting after section 6307 the following new
section:
‘‘§ 6308. Information barred in legal proceedings
‘‘(a) Notwithstanding any other provision of law, any
opinion, recommendation, deliberation, or conclusion con-
tained in a report of a marine casualty investigation con-
ducted under section 6301 of this title with respect to the
cause of, or factors contributing to, the casualty set forth
in the report of the investigation is not admissible as evi-
dence or subject to discovery in any civil, administrative,
or State criminal proceeding arising from a marine cas-
ualty, other than with the permission and consent of the
Secretary of Transportation, in his or her sole discretion.
Any employee of the United States or military member
of the Coast Guard investigating a marine casualty or as-
sisting in any such investigation conducted pursuant to
section 6301 of this title, shall not be subject to deposition
or other discovery, or otherwise testify or give information
in such proceedings relevant to a marine casualty inves-
tigation, without the permission and consent of the Sec-
retary of Transportation in his or her sole discretion. In
exercising this discretion in cases where the United States
•HR 1361 EH1S
is a party, the Secretary shall not withhold permission for
an employee to testify solely on factual matters where the
information is not available elsewhere or is not obtainable
by other means. Nothing in this section prohibits the Unit-
ed States from calling an employee as an expert witness
to testify on its behalf.
‘‘(b) The information referred to in subsection (a) of
this section shall not be considered an admission of liabil-
ity by the United States or by any person referred to in
those conclusions or statements.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 63 of title 46, United States
Code, is amended by adding after the item related to sec-
tion 6307 the following:
‘‘6308. Information barred in legal proceedings.’’.
SEC. 415. REPORT ON LORAN–C REQUIREMENTS.
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary of Transportation shall
submit a report to the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science and Transportation of
the Senate, prepared in consultation with users of the
LORAN–C radionavigation system, defining the future
use of and funding for operations, maintenance, and up-
grades of the LORAN–C radionavigation system. The re-
port shall address the following:
•HR 1361 EH1S
(1) An appropriate timetable for transition
from ground-based radionavigation technology after
it is determined that satellite-based technology is
available as a sole means of safe and efficient navi-
gation.
(2) The need to ensure that LORAN–C tech-
nology purchased by the public before the year 2000
has a useful economic life.
(3) The benefits of fully utilizing the compat-
ibilities of LORAN–C technology and satellite-based
technology by all modes of transportation.
(4) The need for all agencies in the Department
of Transportation and other relevant Federal agen-
cies to share the Federal Government’s costs related
to LORAN–C technology.
SEC. 416. LIMITED DOUBLE HULL EXEMPTIONS.
Section 3703a(b) of title 46, United States Code, is
amended by—
(1) striking ‘‘or’’ at the end of paragraph (2);
(2) striking the period at the end of paragraph
(3) and inserting a semicolon; and
(3) adding at the end the following new para-
graphs:
‘‘(4) a vessel equipped with a double hull before
August 12, 1992;
•HR 1361 EH1S
‘‘(5) a barge of less than 2,000 gross tons that
is primarily used to carry deck cargo and bulk fuel
to Native villages (as that term is defined in section
3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1601)) located on or adjacent to bays or riv-
ers above 58 degrees north latitude; or
‘‘(6) a vessel in the National Defense Reserve
Fleet pursuant to section 11 of the Merchant Ship
Sales Act of 1946 (50 App. U.S.C. 1744).’’.
SEC. 417. OIL SPILL RESPONSE VESSELS.
(a) DEFINITION.—Section 2101 of title 46, United
States Code, is amended—
(1) by redesignating paragraph (20a) as para-
graph (20b); and
(2) by inserting after paragraph (20) the fol-
lowing new paragraph:
‘‘(20a) ‘oil spill response vessel’ means a vessel
that is designated in its certificate of inspection as
such a vessel, or that is adapted to respond to a dis-
charge of oil or a hazardous material.’’.
(b) EXEMPTION FROM LIQUID BULK CARRIAGE RE-
QUIREMENTS.—Section 3702 of title 46, United States
Code, is amended by adding at the end the following new
subsection:
•HR 1361 EH1S
‘‘(f) This chapter does not apply to an oil spill re-
sponse vessel if—
‘‘(1) the vessel is used only in response-related
activities; or
‘‘(2) the vessel is—
‘‘(A) not more than 500 gross tons;
‘‘(B) designated in its certificate of inspec-
tion as an oil spill response vessel; and
‘‘(C) engaged in response-related activi-
ties.’’.
(c) MANNING.—Section 8104(p) of title 46, United
States Code, is amended to read as follows:
‘‘(p) The Secretary may prescribe the watchstanding
requirements for an oil spill response vessel.’’.
(d) MINIMUM
NUMBER
OF
LICENSED
INDIVID-
UALS.—Section 8301(e) of title 46, United States Code,
is amended to read as follows:
‘‘(e) The Secretary may prescribe the minimum num-
ber of licensed individuals for an oil spill response vessel.’’.
(e) MERCHANT
MARINER
DOCUMENT
REQUIRE-
MENTS.—Section 8701(a) of title 46, United States Code,
is amended by striking ‘‘and’’ after the semicolon at the
end of paragraph (7), by striking the period at the end
of paragraph (8) and inserting ‘‘; and’’, and by adding
at the end the following new paragraph:
•HR 1361 EH1S
‘‘(9) the Secretary may prescribe the individuals
required to hold a merchant mariner’s document
serving onboard an oil spill response vessel.’’.
(f) EXEMPTION FROM TOWING VESSEL REQUIRE-
MENT.—Section 8905 of title 46, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(c) Section 8904 of this title does not apply to an
oil spill response vessel while engaged in oil spill response
or training activities.’’.
(g) INSPECTION REQUIREMENT.—Section 3301 of
title 46, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(14) oil spill response vessels.’’.
SEC. 418. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY
REQUIREMENTS.
(a) DEFINITION OF RESPONSIBLE PARTY.—Section
1001(32)(C) of the Oil Pollution Act of 1990 (33 U.S.C.
2701(32)(C)) is amended by striking ‘‘applicable State law
or’’ and inserting ‘‘applicable State law relating to explor-
ing for, producing, or transporting oil on submerged lands
on the Outer Continental Shelf in accordance with a li-
cense or permit issued for such purpose, or under’’.
•HR 1361 EH1S
(b) AMOUNT OF FINANCIAL RESPONSIBILITY.—Sec-
tion 1016(c)(1) of the Oil Pollution Act of 1990 (33
U.S.C. 2716(c)(1)) is amended to read as follows:
‘‘(1) IN GENERAL.—
‘‘(A) EVIDENCE
OF
FINANCIAL
RESPON-
SIBILITY
REQUIRED.—Except as provided in
paragraph (2), each responsible party with re-
spect to an offshore facility described in section
1001(32)(C) located seaward of the line of ordi-
nary low water along that portion of the coast
that is in direct contact with the open sea and
the line marking the seaward limit of inland
waters that is—
‘‘(i) used for exploring for, producing,
or transporting oil; and
‘‘(ii) has the capacity to transport,
store, transfer, or otherwise handle more
than 1,000 barrels of oil at any one time,
shall establish and maintain evidence of finan-
cial responsibility in the amount required under
subparagraph (B) or (C), applicable.
‘‘(B) AMOUNT
REQUIRED
GENERALLY.—
Except as provided in subparagraph (C), for
purposes of subparagraph (A) the amount of fi-
nancial responsibility required is $35,000,000.
•HR 1361 EH1S
‘‘(C) GREATER AMOUNT.—If the President
determines that an amount of financial respon-
sibility greater than the amount required by
subparagraph (B) is necessary for an offshore
facility, based on an assessment of the risk
posed by the facility that includes consideration
of the relative operational, environmental,
human health, and other risks posed by the
quantity or quality of oil that is transported,
stored, transferred, or otherwise handled by the
facility, the amount of financial responsibility
required shall not exceed $150,000,000 deter-
mined by the President on the basis of clear
and convincing evidence that the risks posed
justify the greater amount.
‘‘(D) MULTIPLE FACILITIES.—In a case in
which a person is responsible for more than one
facility subject to this subsection, evidence of fi-
nancial responsibility need be established only
to meet the amount applicable to the facility
having the greatest financial responsibility re-
quirement under this subsection.
‘‘(E) GUARANTEE METHOD.—Except with
respect of financial responsibility established by
•HR 1361 EH1S
the guarantee method, subsection (f) shall not
apply with respect to this subsection.’’.
SEC. 419. MANNING AND WATCH REQUIREMENTS ON TOW-
ING VESSELS ON THE GREAT LAKES.
(a) Section 8104(c) of title 46, United States Code,
is amended—
(1) by striking ‘‘or permitted’’; and
(2) by inserting after ‘‘day’’ the following: ‘‘or
permitted to work more than 15 hours in any 24-
hour period, or more than 36 hours in any 72-hour
period’’.
(b) Section 8104(e) of title 46, United States Code,
is amended by striking ‘‘subsections (c) and (d)’’ and in-
serting ‘‘subsection (d)’’.
(c) Section 8104(g) of title 46, United States Code,
is amended by striking ‘‘(except a vessel to which sub-
section (c) of this section applies)’’.
SEC. 420. LIMITATION ON APPLICATION OF CERTAIN LAWS
TO LAKE TEXOMA.
(a) LIMITATION.—The laws administered by the
Coast Guard relating to documentation or inspection of
vessels or licensing or documentation of vessel operators
do not apply to any small passenger vessel operating on
Lake Texoma.
(b) DEFINITIONS.—In this section:
•HR 1361 EH1S
(1) The term ‘‘Lake Texoma’’ means the im-
poundment by that name on the Red River, located
on the border between Oklahoma and Texas.
(2) The term ‘‘small passenger vessel’’ has the
meaning given that term in section 2101 of title 46,
United States Code.
SEC. 421. LIMITATION ON CONSOLIDATION OR RELOCA-
TION OF HOUSTON AND GALVESTON MARINE
SAFETY OFFICES.
The Secretary of Transportation may not consolidate
or relocate the Coast Guard Marine Safety Offices in Gal-
veston, Texas, and Houston, Texas.
SEC. 422. SENSE OF THE CONGRESS REGARDING FUNDING
FOR COAST GUARD.
It is the sense of the Congress that in appropriating
amounts for the Coast Guard, the Congress should appro-
priate amounts adequate to enable the Coast Guard to
carry out all extraordinary functions and duties the Coast
Guard is required to undertake in addition to its normal
functions established by law.
SEC. 423. CONVEYANCE OF LIGHT STATION, MONTAUK
POINT, NEW YORK.
(a) CONVEYANCE REQUIREMENT.—
(1) REQUIREMENT.—The Secretary of Trans-
portation shall convey to the Montauk Historical As-
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sociation in Montauk, New York, by an appropriate
means of conveyance, all right, title, and interest of
the United States in and to property comprising
Light Station Montauk Point, located at Montauk,
New York.
(2) DETERMINATION OF PROPERTY.—The Sec-
retary may identify, describe, and determine the
property to be conveyed pursuant to this section.
(b) TERMS OF CONVEYANCE.—
(1) IN
GENERAL.—A conveyance of property
pursuant to this section shall be made—
(A) without the payment of consideration;
and
(B) subject to the conditions required by
paragraphs (3) and (4) and such other terms
and conditions as the Secretary may consider
appropriate.
(2) REVERSIONARY
INTEREST.—Any convey-
ance of property pursuant to this section shall be
subject to the condition that all right, title, and in-
terest in the Montauk Light Station shall imme-
diately revert to the United States if the Montauk
Light Station ceases to be maintained as a nonprofit
center for public benefit for the interpretation and
preservation of the material culture of the United
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States Coast Guard, the maritime history of
Montauk, New York, and Native American and colo-
nial history.
(3) MAINTENANCE OF NAVIGATION AND FUNC-
TIONS.—Any conveyance of property pursuant to
this section shall be subject to such conditions as the
Secretary considers to be necessary to assure that—
(A) the light, antennas, sound signal, and
associated lighthouse equipment located on the
property conveyed, which are active aids to
navigation, shall continue to be operated and
maintained by the United States for as long as
they are needed for this purpose;
(B) the Montauk Historical Association
may not interfere or allow interference in any
manner with such aids to navigation without
express written permission from the United
States;
(C) there is reserved to the United States
the right to replace, or add any aids to naviga-
tion, or make any changes to the Montauk
Lighthouse as may be necessary for navigation
purposes;
(D) the United States shall have the right,
at any time, to enter the property conveyed
•HR 1361 EH1S
without notice for the purpose of maintaining
navigation aids;
(E) the United States shall have an ease-
ment of access to such property for the purpose
of maintaining the navigational aids in use on
the property; and
(F) the Montauk Light Station shall revert
to the United States at the end of the 30-day
period beginning on any date on which the Sec-
retary of Transportation provides written notice
to the Montauk Historical Association that the
Montauk Light Station is needed for national
security purposes.
(4) MAINTENANCE
OF
LIGHT
STATION.—Any
conveyance of property under this section shall be
subject to the condition that the Montauk Historical
Association shall maintain the Montauk Light Sta-
tion in accordance with the provisions of the Na-
tional Historic Preservation Act (16 U.S.C. 470 et
seq.) and other applicable laws.
(5) LIMITATION ON OBLIGATIONS OF MONTAUK
HISTORICAL ASSOCIATION.—The Montauk Historical
Association shall not have any obligation to maintain
any active aid to navigation equipment on property
conveyed pursuant to this section.
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(c) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘Montauk Light Station’’ means
the Coast Guard light station known as the Light
Station Montauk Point, located at Montauk, New
York, including the keeper’s dwellings, adjacent
Coast Guard rights-of-way, the World War II sub-
marine spotting tower, the lighthouse tower, and the
paint locker; and
(2) the term ‘‘Montauk Lighthouse’’ means the
Coast Guard lighthouse located at the Montauk
Light Station.
SEC. 424. CONVEYANCE OF CAPE ANN LIGHTHOUSE,
THACHERS ISLAND, MASSACHUSETTS.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation shall convey to the town of Rockport, Massa-
chusetts, by an appropriate means of conveyance, all
right, title, and interest of the United States in and
to the property comprising the Cape Ann Light-
house, located on Thachers Island, Massachusetts.
(2) IDENTIFICATION OF PROPERTY.—The Sec-
retary may identify, describe, and determine the
property to be conveyed pursuant to this subsection.
(b) TERMS OF CONVEYANCE.—
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(1) IN GENERAL.—The conveyance of property
pursuant to this section shall be made—
(A) without payment of consideration; and
(B) subject to the conditions required by
paragraphs (3) and (4) and other terms and
conditions the Secretary may consider appro-
priate.
(2) REVERSIONARY INTEREST.—In addition to
any term or condition established pursuant to para-
graph (1), the conveyance of property pursuant to
this section shall be subject to the condition that all
right, title, and interest in the Cape Ann Lighthouse
shall immediately revert to the United States if the
Cape Ann Lighthouse, or any part of the property—
(A) ceases to be used as a nonprofit center
for the interpretation and preservation of mari-
time history;
(B) ceases to be maintained in a manner
that ensures its present or future use as a
Coast Guard aid to navigation; or
(C) ceases to be maintained in a manner
consistent with the provisions of the National
Historic Preservation Act of 1966 (16 U.S.C.
470 et seq.).
•HR 1361 EH1S
(3) MAINTENANCE
AND
NAVIGATION
FUNC-
TIONS.—The conveyance of property pursuant to
this section shall be made subject to the conditions
that the Secretary considers to be necessary to as-
sure that—
(A) the lights, antennas, and associated
equipment located on the property conveyed,
which are active aids to navigation, shall con-
tinue to be operated and maintained by the
United States;
(B) the town of Rockport may not inter-
fere or allow interference in any manner with
aids to navigation without express written per-
mission from the Secretary of Transportation;
(C) there is reserved to the United States
the right to relocate, replace, or add any aid to
navigation or make any changes to the Cape
Ann Lighthouse as may be necessary for navi-
gational purposes;
(D) the United States shall have the right,
at any time, to enter the property without no-
tice for the purpose of maintaining aids to navi-
gation; and
(E) the United States shall have an ease-
ment of access to the property for the purpose
•HR 1361 EH1S
of maintaining the aids to navigation in use on
the property.
(4) OBLIGATION
LIMITATION.—The town of
Rockport is not required to maintain any active aid
to navigation equipment on property conveyed pur-
suant to this section.
(5) PROPERTY TO BE MAINTAINED IN ACCORD-
ANCE WITH CERTAIN LAWS.—The town of Rockport
shall maintain the Cape Ann Lighthouse in accord-
ance with the National Historic Preservation Act of
1966 (16 U.S.C. 470 et seq.), and other applicable
laws.
(c) DEFINITIONS.—For purposes of this section, the
term ‘‘Cape Ann Lighthouse’’ means the Coast Guard
property located on Thachers Island, Massachusetts, ex-
cept any historical artifact, including any lens or lantern,
located on the property at or before the time of convey-
ance.
SEC. 425. AMENDMENTS TO JOHNSON ACT.
For purposes of section 5(b)(1)(A) of the Act of Jan-
uary 2, 1951 (15 U.S.C. 1175(b)(1)(A)), commonly
known as the Johnson Act, a vessel on a voyage that be-
gins in the territorial jurisdiction of the State of Indiana
and that does not leave the territorial jurisdiction of the
State of Indiana shall be considered to be a vessel that
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is not within the boundaries of any State or possession
of the United States.
SEC. 426. TRANSFER OF COAST GUARD PROPERTY IN
GOSNOLD, MASSACHUSETTS.
(a) CONVEYANCE REQUIREMENT.—The Secretary of
Transportation may convey to the town of Gosnold, Mas-
sachusetts, without reimbursement and by no later than
120 days after the date of enactment of this Act, all right,
title, and interest of the United States in and to the prop-
erty known as the ‘‘United States Coast Guard Cuttyhunk
Boathouse and Wharf’’, as described in subsection (c).
(b) CONDITIONS.—Any conveyance of property under
subsection (a) shall be subject to the condition that the
Coast Guard shall retain in perpetuity and at no cost—
(1) the right of access to, over, and through the
boathouse, wharf, and land comprising the property
at all times for the purpose of berthing vessels, in-
cluding vessels belonging to members of the Coast
Guard Auxiliary; and
(2) the right of ingress to and egress from the
property for purposes of access to Coast Guard fa-
cilities and performance of Coast Guard functions.
(c) PROPERTY DESCRIBED.—The property referred
to in subsection (a) is real property located in the town
of Gosnold, Massachusetts (including all buildings, struc-
•HR 1361 EH1S
tures, equipment, and other improvements), as determined
by the Secretary of Transportation.
SEC. 427. TRANSFER OF COAST GUARD PROPERTY IN NEW
SHOREHAM, RHODE ISLAND.
(a) REQUIREMENT.—The Secretary of Transpor-
tation (or any other official having control over the prop-
erty described in subsection (b)) shall expeditiously convey
to the town of New Shoreham, Rhode Island, without con-
sideration, all right, title, and interest of the United States
in and to the property known as the United States Coast
Guard Station Block Island, as described in subsection
(b), subject to all easements and other interest in the
property held by any other person.
(b) PROPERTY DESCRIBED.—The property referred
to in subsection (a) is real property (including buildings
and improvements) located on the west side of Block Is-
land, Rhode Island, at the entrance to the Great Salt Pond
and referred to in the books of the Tax Assessor of the
town of New Shoreham, Rhode Island, as lots 10 and 12,
comprising approximately 10.7 acres.
(c) REVERSIONARY INTEREST.—In addition to any
term or condition established pursuant to subsection (a),
any conveyance of property under subsection (a) shall be
subject to the condition that all right, title, and interest
in and to the property so conveyed shall immediately re-
•HR 1361 EH1S
vert to the United States if the property, or any part
thereof, ceases to be used by the town of New Shoreham,
Rhode Island.
(d) INDEMNIFICATION FOR PREEXISTING ENVIRON-
MENTAL LIABILITIES.—Notwithstanding any conveyance
of property under this section, after such conveyance the
Secretary of Transportation shall indemnify the town of
New Shoreham, Rhode Island, for any environmental li-
ability arising from the property, that existed before the
date of the conveyance.
SEC. 428. VESSEL DEEMED TO BE A RECREATIONAL
VESSEL.
The vessel, an approximately 96 meter twin screw
motor yacht for which construction commenced in October
1993 (to be named the LIMITLESS), is deemed to be
a recreational vessel under chapter 43 of title 46, United
States Code.
SEC. 429. REQUIREMENT FOR PROCUREMENT OF BUOY
CHAIN.
(a) REQUIREMENT.—Chapter 5 of title 14, United
States Code, is amended by adding at the end the
following:
‘‘§ 96. Procurement of buoy chain
‘‘(a) The Coast Guard may not procure buoy chain—
•HR 1361 EH1S
‘‘(1) that is not manufactured in the United
States; or
‘‘(2) substantially all of the components of
which are not produced or manufactured in the
United States.
‘‘(b) For purposes of subsection (a)(2), substantially
all of the components of a buoy chain shall be considered
to be produced or manufactured in the United States if
the aggregate cost of the components thereof which are
produced or manufactured in the United States is greater
than the aggregate cost of the components thereof which
are produced or manufactured outside the United States.
‘‘(c) In this section—
‘‘(1) the term ‘buoy chain’ means any chain,
cable, or other device that is—
‘‘(A) used to hold in place, by attachment
to the bottom of a body of water, a floating aid
to navigation; and
‘‘(B) not more than 4 inches in diameter;
and
‘‘(2) the term ‘manufacture’ includes cutting,
heat treating, quality control, welding (including the
forging and shot blasting process), and testing.’’.
•HR 1361 EH1S
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 5 of title 14, United States Code, is amended
by adding at the end the following:
‘‘96. Procurement of buoy chain.’’.
SEC. 430. CRUISE VESSEL TORT REFORM.
(a) Section 4283 of the Revised Statutes of the
United States (46 App. 183), is amended by adding a new
subsection (g) to read as follows:
‘‘(g) In a suit by any person in which a shipowner,
operator, or employer of a crew member is claimed to have
direct or vicarious liability for medical malpractice or
other tortious conduct occurring at a shoreside facility, or
in which the damages sought are alleged to result from
the referral to or treatment by any shoreside doctor, hos-
pital, medical facility, or other health care provider, the
shipowner, operator, or employer shall be entitled to rely
upon any and all statutory limitations of liability applica-
ble to the doctor, hospital, medical facility, or other health
care provider in the State in which the shoreside medical
care was provided.’’.
(b) Section 4283b of the Revised Statutes of the
United States (46 App. 183c) is amended by adding a new
subsection to read as follows:
‘‘(b) Subsection (a) shall not prohibit provisions or
limitations in contracts, agreements, or ticket conditions
of carriage with passengers which relieve a manager,
•HR 1361 EH1S
agent, master, owner, or operator of a vessel from liability
for infliction of emotional distress, mental suffering, or
psychological injury so long as such provisions or limita-
tions do not limit liability if the emotional distress, mental
suffering, or psychological injury was—
‘‘(1) the result of substantial physical injury to
the claimant caused by the negligence or fault of the
manager, agent, master, owner, or operator;
‘‘(2) the result of the claimant having been at
actual risk of substantial physical injury, which risk
was caused by the negligence or fault of the man-
ager, agent, master, owner, or operator; or
‘‘(3) intentionally inflicted by the manager,
agent, master, owner, or operator.’’.
(c) Section 20 of chapter 153 of the Act of March
4, 1915 (46 App. 688) is amended by adding a new sub-
section to read as follows:
‘‘(c) LIMITATION FOR CERTAIN ALIENS IN CASE OF
CONTRACTUAL ALTERNATIVE FORUM.—
‘‘(1) No action may be maintained under sub-
section (a) or under any other maritime law of the
United States for maintenance and cure or for dam-
ages for the injury or death of a person who was not
a citizen or permanent legal resident alien of the
United States at the time of the incident giving rise
•HR 1361 EH1S
to the action, if the incident giving rise to the action
occurred while the person was employed on board a
vessel documented other than under the laws of the
United States, which vessel was owned by an entity
organized other than under the laws of the United
States or by a person who is not a citizen or perma-
nent legal resident alien.
‘‘(2) The provisions of paragraph (1) shall only
apply if—
‘‘(A) the incident giving rise to the action
occurred while the person bringing the action
was a party to a contract of employment or was
subject to a collective bargaining agreement
which, by its terms, provided for an exclusive
forum for resolution of all such disputes or ac-
tions in a nation other than the United States,
a remedy is available to the person under the
laws of that nation, and the party seeking to
dismiss an action under paragraph (1) is willing
to stipulate to jurisdiction under the laws of
such nation as to such incident; or
‘‘(B) a remedy is available to the person
bringing the action under the laws of the nation
in which the person maintained citizenship or
permanent residency at the time of the incident
•HR 1361 EH1S
giving rise to the action and the party seeking
to dismiss an action under paragraph (1) is
willing to stipulate to jurisdiction under the
laws of such nation as to such incident.
‘‘(3) The provisions of paragraph (1) of this
subsection shall not be interpreted to require a court
in the United States to accept jurisdiction of any ac-
tions.’’.
SEC. 431. LIMITATION ON FEES AND CHARGES WITH RE-
SPECT TO FERRIES.
The Secretary of the department in which the Coast
Guard is operating may not assess or collect any fee or
charge with respect to a ferry. Notwithstanding any other
provision of this Act, the Secretary is authorized to reduce
expenditures in an amount equal to the fees or charges
which are not collected or assessed as a result of this sec-
tion.
TITLE V—COAST GUARD
REGULATORY REFORM
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Coast Guard Regu-
latory Reform Act of 1995’’.
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SEC. 502. SAFETY MANAGEMENT.
(a) MANAGEMENT OF VESSELS.—Title 46, United
States Code, is amended by adding after chapter 31 the
following new chapter:
‘‘CHAPTER 32—MANAGEMENT OF VESSELS
‘‘Sec.
‘‘3201. Definitions.
‘‘3202. Application.
‘‘3203. Safety management system.
‘‘3204. Implementation of safety management system.
‘‘3205. Certification.
‘‘§ 3201. Definitions
‘‘In this chapter—
‘‘(1) ‘International Safety Management Code’
has the same meaning given that term in chapter IX
of the Annex to the International Convention for the
Safety of Life at Sea, 1974;
‘‘(2) ‘responsible person’ means—
‘‘(A) the owner of a vessel to which this
chapter applies; or
‘‘(B) any other person that has—
‘‘(i) assumed the responsibility for op-
eration of a vessel to which this chapter
applies from the owner; and
‘‘(ii) agreed to assume with respect to
the vessel responsibility for complying with
all the requirements of this chapter and
•HR 1361 EH1S
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.
•HR 1361 EH1S
‘‘(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 pol-
icy;
‘‘(2) instructions and procedures to ensure safe
operation of those vessels and protection of the envi-
ronment in compliance with international and Unit-
ed States law;
•HR 1361 EH1S
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
•HR 1361 EH1S
under section 3204(b) and each vessel to which the
plan applies is complying with the plan; and
‘‘(2) revoke the Secretary’s approval of the plan
and each Safety Management Certificate and Docu-
ment of Compliance issued to the person for a vessel
to which the plan applies, if the Secretary deter-
mines that the person or a vessel to which the plan
applies has not complied with the plan.
‘‘(d) ENFORCEMENT.—At the request of the Sec-
retary, the Secretary of the Treasury shall withhold or re-
voke the clearance required by section 4197 of the Revised
Statutes (46 App. U.S.C. 91) of a vessel that is subject
to this chapter under section 3202(a) of this title or to
the International Safety Management Code, if the vessel
does not have on board a Safety Management Certificate
and a copy of a Document of Compliance for the vessel.
Clearance may be granted on filing a bond or other surety
satisfactory to the Secretary.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of subtitle II of title 46, United States
Code, is amended by inserting after the item relating to
chapter 31 the following:
‘‘32. Management of vessels ........................................................... 3201’’.
(c) STUDY.—
(1) STUDY.—The Secretary of Transportation
shall conduct, in cooperation with the owners,
•HR 1361 EH1S
charterers, and managing operators of vessels docu-
mented under chapter 121 of title 46, United States
Code, and other interested persons, a study of the
methods that may be used to implement and enforce
the International Management Code for the Safe
Operation of Ships and for Pollution Prevention
under chapter IX of the Annex to the International
Convention for the Safety of Life at Sea, 1974.
(2) REPORT.—The Secretary shall submit to
the Congress a report of the results of the study re-
quired under paragraph (1) before the earlier of—
(A) the date that final regulations are pre-
scribed under section 3203 of title 46, United
States Code (as enacted by subsection (a)); or
(B) the date that is 1 year after the date
of enactment of this Act.
SEC. 503. USE OF REPORTS, DOCUMENTS, RECORDS, AND
EXAMINATIONS OF OTHER PERSONS.
(a) REPORTS, DOCUMENTS, AND RECORDS.—Chap-
ter 31 of title 46, United States Code, is amended by add-
ing the following new section:
‘‘§ 3103. Use of reports, documents, and records
‘‘The Secretary may rely, as evidence of compliance
with this subtitle, on—
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‘‘(1) reports, documents, and records of other
persons who have been determined by the Secretary
to be reliable; and
‘‘(2) other methods the Secretary has deter-
mined to be reliable.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 31 of title 46, United States Code, is amended
by adding at the end the following:
‘‘3103. Use of reports, documents, and records.’’.
(c) EXAMINATIONS.—Section 3308 of title 46, United
States Code, is amended by inserting ‘‘or have examined’’
after ‘‘examine’’.
SEC. 504. EQUIPMENT APPROVAL.
(a) IN GENERAL.—Section 3306(b) of title 46, Unit-
ed States Code, is amended to read as follows:
‘‘(b)(1) Equipment and material subject to regulation
under this section may not be used on any vessel without
prior approval of the Secretary.
‘‘(2) Except with respect to use on a public vessel,
the Secretary may treat an approval of equipment or ma-
terials by a foreign government as approval by the Sec-
retary for purposes of paragraph (1) if the Secretary de-
termines that—
‘‘(A) the design standards and testing proce-
dures used by that government meet the require-
•HR 1361 EH1S
ments of the International Convention for the Safety
of Life at Sea, 1974;
‘‘(B) the approval of the equipment or material
by the foreign government will secure the safety of
individuals and property on board vessels subject to
inspection; and
‘‘(C) for lifesaving equipment, the foreign gov-
ernment—
‘‘(i) has given equivalent treatment to ap-
provals of lifesaving equipment by the Sec-
retary; and
‘‘(ii) otherwise ensures that lifesaving
equipment approved by the Secretary may be
used on vessels that are documented and sub-
ject to inspection under the laws of that coun-
try.’’.
(b) FOREIGN APPROVALS.—The Secretary of Trans-
portation, in consultation with other interested Federal
agencies, shall work with foreign governments to have
those governments approve the use of the same equipment
and materials on vessels documented under the laws of
those countries that the Secretary requires on United
States documented vessels.
(c) TECHNICAL AMENDMENT.—Section 3306(a)(4)
of title 46, United States Code, is amended by striking
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‘‘clauses (1)–(3)’’ and inserting ‘‘paragraphs (1), (2), and
(3)’’.
SEC. 505. 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’’.
(b) CONFORMING AMENDMENT.—Section 3710(b) of
title 46, United States Code, is amended by striking ‘‘24
months’’ and inserting ‘‘5 years’’.
SEC. 506. CERTIFICATE OF INSPECTION.
Section 3309(c) of title 46, United States Code, is
amended by striking ‘‘(but not more than 60 days)’’.
•HR 1361 EH1S
‘‘(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 amended 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 relating to section 3316 and inserting the fol-
lowing:
‘‘3316. Classification societies.’’.
TITLE VI—DOCUMENTATION OF
VESSELS
SEC. 601. AUTHORITY TO ISSUE COASTWISE ENDORSE-
MENTS.
Section 12106 of title 46, United States Code, is fur-
ther amended by adding at the end the following new sub-
section:
‘‘(g) A coastwise endorsement may be issued for a
vessel that—
•HR 1361 EH1S
‘‘(1) is less than 200 gross tons;
‘‘(2) is eligible for documentation;
‘‘(3) was built in the United States; and
‘‘(4) was—
‘‘(A) sold foreign in whole or in part; or
‘‘(B) placed under foreign registry.’’.
SEC. 
602. 
VESSEL 
DOCUMENTATION 
FOR 
CHARITY
CRUISES.
(a) AUTHORITY TO DOCUMENT VESSELS.—
(1) IN GENERAL.—Notwithstanding section 27
of the Merchant Marine Act, 1920 (46 App. U.S.C.
883), the Act of June 19, 1886 (46 App. U.S.C.
289), and section 12106 of title 46, United States
Code, and subject to paragraph (2), the Secretary of
Transportation may issue a certificate of documenta-
tion with a coastwise endorsement for each of the
following vessels:
(A) GALLANT LADY (Feadship hull
number 645, approximately 130 feet in length).
(B) GALLANT LADY (Feadship hull
number 651, approximately 172 feet in length).
(2) LIMITATION
ON
OPERATION.—Coastwise
trade authorized under a certificate of documenta-
tion issued for a vessel under this section shall be
limited to carriage of passengers in association with
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contributions to charitable organizations no portion
of which is received, directly or indirectly, by the
owner of the vessel.
(3) CONDITION.—The Secretary may not issue
any certificate of documentation under paragraph
(1) unless the owner of the vessel referred to in
paragraph (1)(A) (in this section referred to as the
‘‘owner’’), within 90 days after the date of the en-
actment of this Act, submits to the Secretary a let-
ter expressing the intent of the owner to enter into
a contract before October 1, 1996, for construction
in the United States of a passenger vessel of at least
130 feet in length.
(4) EFFECTIVE
DATE
OF
CERTIFICATES.—A
certificate of documentation issued under paragraph
(1)—
(A) for the vessel referred to in paragraph
(1)(A), shall take effect on the date of issuance
of the certificate; and
(B) for the vessel referred to in paragraph
(1)(B), shall take effect on the date of delivery
of the vessel to the owner.
(b) TERMINATION OF EFFECTIVENESS OF CERTIFI-
CATES.—A certificate of documentation issued for a vessel
under section (a)(1) shall expire—
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(1) on the date of the sale of the vessel by the
owner;
(2) on October 1, 1996, if the owner has not
entered into a contract for construction of a vessel
in accordance with the letter of intent submitted to
the Secretary under subsection (a)(3); and
(3) on any date on which such a contract is
breached, rescinded, or terminated (other than for
completion of performance of the contract) by the
owner.
SEC. 603. EXTENSION OF DEADLINE FOR CONVERSION OF
VESSEL M/V TWIN DRILL.
Section 601(d) of Public Law 103–206 (107 Stat.
2445) is amended—
(1) in paragraph (3), by striking ‘‘1995’’ and
inserting ‘‘1996’’; and
(2) in paragraph (4), by striking ‘‘12’’ and in-
serting ‘‘24’’.
SEC. 604. DOCUMENTATION OF VESSEL RAINBOW’S END.
Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886
(46 App. U.S.C. 289), and sections 12106, 12107, and
12108 of title 46, United States Code, the Secretary of
Transportation may issue a certificate of documentation
with appropriate endorsements for employment in the
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coastwise trade, Great Lakes trade, and the fisheries for
the vessel RAINBOW’S END (official number 1026899;
hull identification number MY13708C787).
SEC. 605. DOCUMENTATION OF VESSEL GLEAM.
Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886
(46 App. U.S.C. 289), and section 12106 of title 46, Unit-
ed States Code, the Secretary of Transportation may issue
a certificate of documentation with appropriate endorse-
ment for employment in the coastwise trade for the vessel
GLEAM (United States official number 921594).
SEC. 606. DOCUMENTATION OF VARIOUS VESSELS.
(a) IN GENERAL.—Notwithstanding section 27 of the
Merchant Marine Act, 1920 (46 App. U.S.C. 883), the
Act of June 19, 1886 (46 App. U.S.C. 289), the Act of
May 28, 1906 (46 App. U.S.C. 292), and sections 12106,
12107, and 12108 of title 46, United States Code, the
Secretary of the department in which the Coast Guard is
operating may issue a certificate of documentation with
appropriate endorsements for each of the vessels listed in
subsection (b).
(b) VESSELS DESCRIBED.—The vessels referred to in
subsection (a) are the following:
(1) ANNAPOLIS (United States official num-
ber 999008).
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(2) CHESAPEAKE (United States official
number 999010).
(3) CONSORT (United States official number
999005).
(4) CURTIS BAY (United States official num-
ber 999007).
(5) HAMPTON ROADS (United States official
number 999009).
(6) JAMESTOWN (United States official num-
ber 999006).
(7) 2 barges owned by Roen Salvage (a cor-
poration organized under the laws of the State of
Wisconsin) and numbered by that company as barge
103 and barge 203.
(8) RATTLESNAKE (Canadian registry offi-
cial number 802702).
(9) CAROLYN (Tennessee State registration
number TN1765C).
(10) SMALLEY (6808 Amphibious Dredge,
Florida State registration number FL1855FF).
(11) BEULA LEE (United States official num-
ber 928211).
(12) FINESSE (Florida State official number
7148HA).
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(13) WESTEJORD (Hull Identification Num-
ber X–53–109).
(14) MAGIC CARPET (United States official
number 278971).
(15) AURA (United States official number
1027807).
(16) ABORIGINAL (United States official
number 942118).
(17) ISABELLE (United States official num-
ber 600655).
(18) 3 barges owned by the Harbor Marine
Corporation (a corporation organized under the laws
of the State of Rhode Island) and referred to by
that company as Harbor 221, Harbor 223, and
Gene Elizabeth.
(19) SHAMROCK V (United States official
number 900936).
(20) ENDEAVOUR (United States official
number 947869).
(21) CHRISSY (State of Maine registration
number 4778B).
(22) EAGLE MAR (United States official num-
ber 575349).
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SEC. 607. DOCUMENTATION OF 4 BARGES.
(a) IN GENERAL.—Notwithstanding section 27 of the
Merchant Marine Act, 1920 (46 App. U.S.C. 883), section
1 of the Act of May 28, 1906 (46 App. U.S.C. 292), and
section 12106 of title 46, United States Code, the Sec-
retary of Transportation may issue a certificate of docu-
mentation with appropriate endorsements for each of the
vessels listed in subsection (b).
(b) VESSELS DESCRIBED.—The vessels referred to in
subsection (a) are 4 barges owned by McLean Contracting
Company (a corporation organized under the laws of the
State of Maryland) and numbered by that company as fol-
lows:
(1) Barge 76 (official number 1030612).
(2) Barge 77 (official number 1030613).
(3) Barge 78 (official number 1030614).
(4) Barge 100 (official number 1030615).
SEC. 608. LIMITED WAIVER FOR ENCHANTED ISLE AND EN-
CHANTED SEAS.
Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886
(46 App. U.S.C. 289), section 12106 of title 46, United
States Code, section 506 of the Merchant Marine Act,
1936 (46 App. U.S.C. 1156), and any agreement with the
United States Government, the Secretary of Transpor-
tation may issue a certificate of documentation with a
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coastwise endorsement for the vessels ENCHANTED
ISLE (Panamanian official number 14087–84B) and EN-
CHANTED SEAS (Panamanian official number 14064–
84D), except that the vessels may not operate between or
among islands in the State of Hawaii.
SEC. 609. LIMITED WAIVER FOR MV PLATTE.
Notwithstanding any other law or any agreement
with the United States Government, the vessel MV
PLATTE (ex-SPIRIT OF TEXAS) (United States offi-
cial number 653210) may be sold to a person that is not
a citizen of the United States and transferred to or placed
under a foreign registry.
TITLE VII—TECHNICAL AND
CONFORMING AMENDMENTS
SEC. 701. AMENDMENT OF INLAND NAVIGATION RULES.
Section 2 of the Inland Navigational Rules Act of
1980 is amended—
(1) by amending Rule 9(e)(i) (33 U.S.C.
2009(e)(i)) to read as follows:
‘‘(i) In a narrow channel or fairway when overtaking,
the power-driven vessel intending to overtake another
power-driven vessel shall indicate her intention by sound-
ing the appropriate signal prescribed in Rule 34(c) and
take steps to permit safe passing. The power-driven vessel
being overtaken, if in agreement, shall sound the same sig-
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nal and may, if specifically agreed to take steps to permit
safe passing. If in doubt she shall sound the danger signal
prescribed in Rule 34(d).’’;
(2) in Rule 15(b) (33 U.S.C. 2015(b)) by in-
serting ‘‘power-driven’’ after ‘‘Secretary, a’’;
(3) in Rule 23(a)(i) (33 U.S.C. 2023(a)(i))
after ‘‘masthead light forward’’; by striking ‘‘except
that a vessel of less than 20 meters in length need
not exhibit this light forward of amidships but shall
exhibit it as far forward as is practicable;’’;
(4) by amending Rule 24(f) (33 U.S.C.
2024(f)) to read as follows:
‘‘(f) Provided that any number of vessels being towed
alongside or pushed in a group shall be lighted as one ves-
sel, except as provided in paragraph (iii)—
‘‘(i) a vessel being pushed ahead, not being part
of a composite unit, shall exhibit at the forward end,
sidelights and a special flashing light;
‘‘(ii) a vessel being towed alongside shall exhibit
a sternlight and at the forward end, sidelights and
a special flashing light; and
‘‘(iii) when vessels are towed alongside on both
sides of the towing vessels a stern light shall be ex-
hibited on the stern of the outboard vessel on each
side of the towing vessel, and a single set of
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sidelights as far forward and as far outboard as is
practicable, and a single special flashing light.’’;
(5) in Rule 26 (33 U.S.C 2026)—
(A) in each of subsections (b)(i) and (c)(i)
by striking ‘‘a vessel of less than 20 meters in
length may instead of this shape exhibit a bas-
ket;’’; and
(B) by amending subsection (d) to read as
follows:
‘‘(d) The additional signals described in Annex II to
these Rules apply to a vessel engaged in fishing in close
proximity to other vessels engaged in fishing.’’; and
(6) by amending Rule 34(h) (33 U.S.C. 2034)
to read as follows:
‘‘(h) A vessel that reaches agreement with another
vessel in a head-on, crossing, or overtaking situation, as
for example, by using the radiotelephone as prescribed by
the Vessel Bridge-to-Bridge Radiotelephone Act (85 Stat.
164; 33 U.S.C. 1201 et seq.), is not obliged to sound the
whistle signals prescribed by this rule, but may do so. If
agreement is not reached, then whistle signals shall be ex-
changed in a timely manner and shall prevail.’’.
SEC. 702. MEASUREMENT OF VESSELS.
Section 14104 of title 46, United States Code, is
amended by redesignating the existing text after the sec-
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tion heading as subsection (a) and by adding at the end
the following new subsection:
‘‘(b) If a statute allows for an alternate tonnage to
be prescribed under this section, the Secretary may pre-
scribe it by regulation. The alternate tonnage shall, to the
maximum extent possible, be equivalent to the statutorily
established tonnage. Until an alternate tonnage is pre-
scribed, the statutorily established tonnage shall apply to
vessels measured under chapter 143 or chapter 145 of this
title.’’.
SEC. 703. LONGSHORE AND HARBOR WORKERS COMPENSA-
TION.
Section 3(d)(3)(B) of the Longshore and Harbor
Workers’ Compensation Act (33 U.S.C. 903(d)(3)(B)) is
amended by inserting after ‘‘1,600 tons gross’’ the follow-
ing: ‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 704. RADIOTELEPHONE REQUIREMENTS.
Section 4(a)(2) of the Vessel Bridge-to-Bridge Radio-
telephone Act (33 U.S.C. 1203(a)(2)) is amended by in-
serting after ‘‘one hundred gross tons’’ the following ‘‘as
measured under section 14502 of title 46, United States
Code, or an alternate tonnage measured under section
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14302 of that title as prescribed by the Secretary under
section 14104 of that title,’’.
SEC. 705. VESSEL OPERATING REQUIREMENTS.
Section 4(a)(3) of the Ports and Waterways Safety
Act (33 U.S.C. 1223(a)(3)) is amended by inserting after
‘‘300 gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an alternate
tonnage measured under section 14302 of that title as pre-
scribed by the Secretary under section 14104 of that
title’’.
SEC. 706. MERCHANT MARINE ACT, 1920.
Section 27A of the Merchant Marine Act, 1920 (46
U.S.C. App. 883–1), is amended by inserting after ‘‘five
hundred gross tons’’ the following: ‘‘as measured under
section 14502 of title 46, United States Code, or an alter-
nate tonnage measured under section 14302 of that title
as prescribed by the Secretary under section 14104 of that
title,’’.
SEC. 707. MERCHANT MARINE ACT, 1956.
Section 2 of the Act of June 14, 1956 (46 U.S.C.
App. 883a), is amended by inserting after ‘‘five hundred
gross tons’’ the following: ‘‘as measured under section
14502 of title 46, United States Code, or an alternate ton-
nage measured under section 14302 of that title as pre-
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scribed by the Secretary under section 14104 of that
title’’.
SEC. 708. MARITIME EDUCATION AND TRAINING.
Section 1302(4)(A) of the Merchant Marine Act,
1936 (46 U.S.C. App. 1295a(4)(a)) is amended by insert-
ing after ‘‘1,000 gross tons or more’’ the following: ‘‘as
measured under section 14502 of title 46, United States
Code, or an alternate tonnage measured under section
14302 of that title as prescribed by the Secretary under
section 14104 of that title’’.
SEC. 709. GENERAL DEFINITIONS.
Section 2101 of title 46, United States Code, is
amended—
(1) in paragraph (13), by inserting after ‘‘15
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
(2) in paragraph (13a), by inserting after
‘‘3,500 gross tons’’ the following: ‘‘as measured
under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section
14302 of that title as prescribed by the Secretary
under section 14104 of that title’’;
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(3) in paragraph (19), by inserting after ‘‘500
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
(4) in paragraph (22), by inserting after ‘‘100
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
(5) in paragraph (30)(A), by inserting after
‘‘500 gross tons’’ the following: ‘‘as measured under
section 14502 of title 46, United States Code, or an
alternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
(6) in paragraph (32), by inserting after ‘‘100
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
•HR 1361 EH1S
(7) in paragraph (33), by inserting after ‘‘300
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
(8) in paragraph (35), by inserting after ‘‘100
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’; and
(9) in paragraph (42), by inserting after ‘‘100
gross tons’’ each place it appears, the following: ‘‘as
measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured
under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title’’.
SEC. 710. AUTHORITY TO EXEMPT CERTAIN VESSELS.
Section 2113 of title 46, United States Code, is
amended—
(1) in paragraph (4), by inserting after ‘‘at
least 100 gross tons but less than 300 gross tons’’
the following: ‘‘as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
•HR 1361 EH1S
measured under section 14302 of that title as pre-
scribed by the Secretary under section 14104 of that
title’’; and
(2) in paragraph (5), by inserting after ‘‘at
least 100 gross tons but less than 500 gross tons’’
the following: ‘‘as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as pre-
scribed by the Secretary under section 14104 of that
title’’.
SEC. 711. INSPECTION OF VESSELS.
Section 3302 of title 46, United States Code, is
amended—
(1) in subsection (c)(1), by inserting after
‘‘5,000 gross tons’’ the following: ‘‘as measured
under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section
14302 of that title as prescribed by the Secretary
under section 14104 of that title’’;
(2) in subsection (c)(2), by inserting after ‘‘500
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
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(3) in subsection (c)(3), by inserting after ‘‘500
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
(4) in subsection (c)(4)(A), by inserting after
‘‘500 gross tons’’ the following: ‘‘as measured under
section 14502 of title 46, United States Code, or an
alternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
(5) in subsection (d)(1), by inserting after ‘‘150
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
(6) in subsection (i)(1)(A), by inserting after
‘‘300 gross tons’’ the following: ‘‘as measured under
section 14502 of title 46, United States Code, or an
alternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’; and
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(7) in subsection (j), by inserting after ‘‘15
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’.
SEC. 712. REGULATIONS.
Section 3306 of title 46, United States Code, is
amended—
(1) in subsection (h), by inserting after ‘‘at
least 100 gross tons but less than 300 gross tons’’
the following: ‘‘as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as pre-
scribed by the Secretary under section 14104 of that
title’’; and
(2) in subsection (i), by inserting after ‘‘at least
100 gross tons but less than 500 gross tons’’ the fol-
lowing: ‘‘as measured under section 14502 of title
46, United States Code, or an alternate tonnage
measured under section 14302 of that title as pre-
scribed by the Secretary under section 14104 of that
title’’.
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SEC. 713. PENALTIES—INSPECTION OF VESSELS.
Section 3318 of title 46, United States Code, is
amended—
(1) in subsection (a), by inserting after ‘‘100
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’; and
(2) in subsection (j)(1), by inserting after
‘‘1,600 gross tons’’ the following: ‘‘as measured
under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section
14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 714. APPLICATION—TANK VESSELS.
Section 3702 of title 46, United States Code, is
amended—
(1) in subsection (b)(1), by inserting after ‘‘500
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
(2) in subsection (c), by inserting after ‘‘500
gross tons’’ the following: ‘‘as measured under sec-
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tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’; and
(3) in subsection (d), by inserting after ‘‘5,000
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’.
SEC. 715. TANK VESSEL CONSTRUCTION STANDARDS.
Section 3703a of title 46, United States Code, is
amended—
(1) in subsection (b)(2), by inserting after
‘‘5,000 gross tons’’ the following: ‘‘as measured
under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section
14302 of that title as prescribed by the Secretary
under section 14104 of that title’’;
(2) in subsection (c)(2), by inserting after
‘‘5,000 gross tons’’ each place it appears the follow-
ing: ‘‘as measured under section 14502 of title 46,
United States Code, or an alternate tonnage meas-
ured under section 14302 of that title as prescribed
by the Secretary under section 14104 of that title’’;
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(3) in subsection (c)(3)(A), by inserting after
‘‘15,000 gross tons’’ the following: ‘‘as measured
under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section
14302 of that title as prescribed by the Secretary
under section 14104 of that title’’;
(4) in subsection (c)(3)(B), by inserting after
‘‘30,000 gross tons’’ the following: ‘‘as measured
under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section
14302 of that title as prescribed by the Secretary
under section 14104 of that title’’; and
(5) in subsection (c)(3)(C), by inserting after
‘‘30,000 gross tons’’ the following: ‘‘as measured
under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section
14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 716. TANKER MINIMUM STANDARDS.
Section 3707 of title 46, United States Code, is
amended—
(1) in subsection (a), by inserting after ‘‘10,000
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
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that title as prescribed by the Secretary under sec-
tion 14104 of that title’’; and
(2) in subsection (b), by inserting after ‘‘10,000
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’.
SEC. 
717. 
SELF-PROPELLED 
TANK 
VESSEL 
MINIMUM
STANDARDS.
Section 3708 of title 46, United States Code, is
amended by inserting after ‘‘10,000 gross tons’’ the fol-
lowing: ‘‘as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured
under section 14302 of that title as prescribed by the Sec-
retary under section 14104 of that title’’.
SEC. 718. DEFINITION—ABANDONMENT OF BARGES.
Section 4701(1) of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the following:
‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
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SEC. 719. APPLICATION—LOAD LINES.
Section 5102(b) of title 46, United States Code, is
amended—
(1) in paragraph (4), by inserting after ‘‘5,000
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
(2) in paragraph (5), by inserting after ‘‘500
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’; and
(3) in paragraph (10), by inserting after ‘‘150
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’.
SEC. 720. LICENSING OF INDIVIDUALS.
Section 7101(e)(3) of title 46, United States Code,
is amended by inserting after ‘‘1,600 gross tons’’ the fol-
lowing: ‘‘as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured
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under section 14302 of that title as prescribed by the Sec-
retary under section 14104 of that title’’.
SEC. 721. ABLE SEAMEN—LIMITED.
Section 7308 of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the following:
‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 722. ABLE SEAMEN—OFFSHORE SUPPLY VESSELS.
Section 7310 of title 46, United States Code, is
amended by inserting after ‘‘500 gross tons’’ the following:
‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 723. SCALE OF EMPLOYMENT—ABLE SEAMEN.
Section 7312 of title 46, United States Code, is
amended—
(1) in subsection (b), by inserting after ‘‘1,600
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
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(2) in subsection (c)(1), by inserting after ‘‘500
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
(3) in subsection (d), by inserting after ‘‘500
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
(4) in subsection (f)(1), by inserting after
‘‘5,000 gross tons’’ the following: ‘‘as measured
under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section
14302 of that title as prescribed by the Secretary
under section 14104 of that title’’; and
(5) in subsection (f)(2), by inserting after
‘‘5,000 gross tons’’ the following: ‘‘as measured
under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section
14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
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SEC. 724. GENERAL REQUIREMENTS—ENGINE DEPART-
MENT.
Section 7313(a) of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the following:
‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 725. COMPLEMENT OF INSPECTED VESSELS.
Section 8101(h) of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the following:
‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 726. WATCHMEN.
Section 8102(b) of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the following:
‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 727. CITIZENSHIP AND NAVAL RESERVE REQUIRE-
MENTS.
Section 8103(b)(3)(A) of title 46, United States
Code, is amended by inserting after ‘‘1,600 gross tons’’
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the following: ‘‘as measured under section 14502 of title
46, United States Code, or an alternate tonnage measured
under section 14302 of that title as prescribed by the Sec-
retary under section 14104 of that title’’.
SEC. 728. WATCHES.
Section 8104 of title 46, United States Code, is
amended—
(1) in subsection (b), by inserting after ‘‘100
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’;
(2) in subsection (d), by inserting after ‘‘100
gross tons’’ and after ‘‘5,000 gross tons’’ the follow-
ing: ‘‘as measured under section 14502 of title 46,
United States Code, or an alternate tonnage meas-
ured under section 14302 of that title as prescribed
by the Secretary under section 14104 of that title’’;
(3) in subsection (l)(1), by inserting after
‘‘1,600 gross tons’’ the following: ‘‘as measured
under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section
14302 of that title as prescribed by the Secretary
under section 14104 of that title’’;
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(4) in subsection (m)(1), by inserting after
‘‘1,600 gross tons’’ the following: ‘‘as measured
under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section
14302 of that title as prescribed by the Secretary
under section 14104 of that title’’;
(5) in subsection (o)(1), by inserting after ‘‘500
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’; and
(6) in subsection (o)(2), by inserting after ‘‘500
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’.
SEC. 729. MINIMUM NUMBER OF LICENSED INDIVIDUALS.
Section 8301 of title 46, United States Code, is
amended—
(1) in subsection (a)(2), by inserting after
‘‘1,000 gross tons’’ the following: ‘‘as measured
under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section
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14302 of that title as prescribed by the Secretary
under section 14104 of that title’’;
(2) in subsection (a)(3), by inserting after ‘‘at
least 200 gross tons but less than 1,000 gross tons’’
the following: ‘‘as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as pre-
scribed by the Secretary under section 14104 of that
title’’;
(3) in subsection (a)(4), by inserting after ‘‘at
least 100 gross tons but less than 200 gross tons’’
the following: ‘‘as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as pre-
scribed by the Secretary under section 14104 of that
title’’;
(4) in subsection (a)(5), by inserting after ‘‘300
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’; and
(5) in subsection (b), by inserting after ‘‘200
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
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ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’.
SEC. 730. OFFICERS’ COMPETENCY CERTIFICATES CONVEN-
TION.
Section 8304(b)(4) of title 46, United States Code,
is amended by inserting after ‘‘200 gross tons’’ the follow-
ing: ‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 731. MERCHANT MARINERS’ DOCUMENTS REQUIRED.
Section 8701 of title 46, United States Code, is
amended—
(1) in subsection (a), by inserting after ‘‘100
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’; and
(2) in subsection (a)(6), by inserting after
‘‘1,600 gross tons’’ the following: ‘‘as measured
under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section
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14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 732. CERTAIN CREW REQUIREMENTS.
Section 8702 of title 46, United States Code, is
amended—
(1) in subsection (a), by inserting after ‘‘100
gross tons’’ the following: ‘‘as measured under sec-
tion 14502 of title 46, United States Code, or an al-
ternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under sec-
tion 14104 of that title’’; and
(2) in subsection (a)(6), by inserting after
‘‘1,600 gross tons’’ the following: ‘‘as measured
under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section
14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 733. FREIGHT VESSELS.
Section 8901 of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the following:
‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
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SEC. 734. EXEMPTIONS.
Section 8905(b) of title 46, United States Code, is
amended by inserting after ‘‘200 gross tons’’ the following:
‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 735. UNITED STATES REGISTERED PILOT SERVICE.
Section 9303(a)(2) of title 46, United States Code,
is amended by inserting after ‘‘4,000 gross tons’’ the fol-
lowing: ‘‘as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured
under section 14302 of that title as prescribed by the Sec-
retary under section 14104 of that title’’.
SEC. 736. DEFINITIONS—MERCHANT SEAMEN PROTECTION.
Section 10101(4)(B) of title 46, United States Code,
is amended by inserting after ‘‘1,600 gross tons’’ the fol-
lowing: ‘‘as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured
under section 14302 of that title as prescribed by the Sec-
retary under section 14104 of that title’’.
SEC. 737. APPLICATION—FOREIGN AND INTERCOASTAL
VOYAGES.
Section 10301(a)(2) of title 46, United States Code,
is amended by inserting after ‘‘75 gross tons’’ the follow-
ing: ‘‘as measured under section 14502 of title 46, United
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States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 738. APPLICATION—COASTWISE VOYAGES.
Section 10501(a) of title 46, United States Code, is
amended by inserting after ‘‘50 gross tons’’ the following:
‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 739. FISHING AGREEMENTS.
Section 10601(a)(1) of title 46, United States Code,
is amended by inserting after ‘‘20 gross tons’’ the follow-
ing: ‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 740. ACCOMMODATIONS FOR SEAMEN.
Section 11101(a) of title 46, United States Code, is
amended by inserting after ‘‘100 gross tons’’ the following:
‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
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SEC. 741. MEDICINE CHESTS.
Section 11102(a) of title 46, United States Code, is
amended by inserting after ‘‘75 gross tons’’ the following:
‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 742. LOGBOOK AND ENTRY REQUIREMENTS.
Section 11301(a)(2) of title 46, United States Code,
is amended by inserting after ‘‘100 gross tons’’ the follow-
ing: ‘‘as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under sec-
tion 14302 of that title as prescribed by the Secretary
under section 14104 of that title’’.
SEC. 743. COASTWISE ENDORSEMENTS.
Section 12106(c)(1) of title 46, United States Code,
is amended by striking ‘‘two hundred gross tons’’ and in-
serting ‘‘200 gross tons as measured under section 14502
of title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed
by the Secretary under section 14104 of that title’’.
SEC. 744. FISHERY ENDORSEMENTS.
Section 12108(c)(1) of title 46, United States Code,
is amended by striking ‘‘two hundred gross tons’’ and in-
serting ‘‘200 gross tons as measured under section 14502
of title 46, United States Code, or an alternate tonnage
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measured under section 14302 of that title as prescribed
by the Secretary under section 14104 of that title’’.
SEC. 745. 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. 746. REPEAL OF GREAT LAKES ENDORSEMENTS.
(a) REPEAL.—Section 12107 of title 46, United
States Code, is repealed.
(b) CONFORMING AMENDMENTS.—
(1) The analysis at the beginning of chapter
121 of title 46, United States Code, is amended by
striking the item relating to section 12107.
(2) Section 12101(b)(3) of title 46, United
States Code, is repealed.
(3) Section 4370(a) of the Revised Statutes of
the United States (46 App. U.S.C. 316(a)) is
amended by striking ‘‘or 12107’’.
(4) Section 2793 of the Revised Statutes of
the United States (46 App. U.S.C. 111, 123) is
amended—
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(A) by striking ‘‘coastwise, Great Lakes
endorsement’’ and all that follows through ‘‘for-
eign ports,’’ and inserting ‘‘registry endorse-
ment, engaged in foreign trade on the Great
Lakes or their tributary or connecting waters in
trade with Canada,’’; and
(B) by striking ‘‘, as if from or to foreign
ports’’.
SEC. 747. CONVENTION TONNAGE FOR LICENSES, CERTIFI-
CATES, AND DOCUMENTS.
(a) AUTHORITY TO USE CONVENTION TONNAGE.—
Chapter 75 of title 46, United States Code, is amended
by adding at the end the following:
‘‘§ 7506. Convention tonnage for licenses, certificates,
and documents
‘‘Notwithstanding any provision of section 14302(c)
or 14305 of this title, the Secretary may—
‘‘(1) evaluate the service of an individual who is
applying for a license, a certificate of registry, or a
merchant mariner’s document by using the tonnage
as measured under chapter 143 of this title for the
vessels on which that service was acquired, and
‘‘(2) issue the license, certificate, or document
based on that service.’’.
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(b) CLERICAL AMENDMENT.—The analysis to chap-
ter 75 of title 46, United States Code, is amended by add-
ing a new item as follows:
‘‘7506. Convention tonnage for licenses, certificates, and documents.’’.
TITLE VIII—COAST GUARD
AUXILIARY AMENDMENTS
SEC. 801. ADMINISTRATION OF THE COAST GUARD AUXIL-
IARY.
(a) IN GENERAL.—Section 821 of title 14, United
States Code, is amended to read as follows:
‘‘§ 821. Administration of the Coast Guard Auxiliary
‘‘(a) The Coast Guard Auxiliary is a nonmilitary or-
ganization administered by the Commandant under the di-
rection of the Secretary. For command, control, and ad-
ministrative purposes, the Auxiliary shall include such or-
ganizational elements and units as are approved by the
Commandant, including but not limited to, a national
board and staff (to be known as the ‘Auxiliary head-
quarters unit’), districts, regions, divisions, flotillas, and
other organizational elements and units. The Auxiliary or-
ganization and its officers shall have such rights, privi-
leges, powers, and duties as may be granted to them by
the Commandant, consistent with this title and other ap-
plicable provisions of law. The Commandant may delegate
to officers of the Auxiliary the authority vested in the
Commandant by this section, in the manner and to the
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extent the Commandant considers necessary or appro-
priate for the functioning, organization, and internal ad-
ministration of the Auxiliary.
‘‘(b) Each organizational element or unit of the Coast
Guard Auxiliary organization (but excluding any corpora-
tion formed by an organizational element or unit of the
Auxiliary under subsection (c) of this section), shall, ex-
cept when acting outside the scope of section 822, at all
times be deemed to be an instrumentality of the United
States, for purposes of—
‘‘(1) chapter 26 of title 28 (popularly known as
the Federal Tort Claims Act);
‘‘(2) section 2733 of title 10 (popularly known
as the Military Claims Act);
‘‘(3) the Act of March 3, 1925 (46 App. U.S.C.
781–790; popularly known as the Public Vessels
Act);
‘‘(4) the Act of March 9, 1920 (46 App. U.S.C.
741–752; popularly known as the Suits in Admiralty
Act);
‘‘(5) the Act of June 19, 1948 (46 App. U.S.C.
740; popularly known as the Admiralty Extension
Act); and
‘‘(6) other matters related to noncontractual
civil liability.
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‘‘(c) The national board of the Auxiliary, and any
Auxiliary district or region, may form a corporation under
State law in accordance with policies established by the
Commandant.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 23 of title 14, United States
Code, is amended by striking the item relating to section
821, and inserting the following:
‘‘821. Administration of the Coast Guard Auxiliary.’’.
SEC. 802. PURPOSE OF THE COAST GUARD AUXILIARY.
(a) IN GENERAL.—Section 822 of title 14, United
States Code, is amended to read as follows:
‘‘§ 822. Purpose of the Coast Guard Auxiliary
‘‘The purpose of the Auxiliary is to assist the Coast
Guard as authorized by the Commandant, in performing
any Coast Guard function, power, duty, role, mission, or
operation authorized by law.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 23 of title 14, United States
Code, is amended by striking the item relating to section
822 and inserting the following:
‘‘822. Purpose of the Coast Guard Auxiliary.’’.
SEC. 803. MEMBERS OF THE AUXILIARY; STATUS.
(a) IN GENERAL.—Section 823 of title 14, United
States Code, is amended—
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(1) in the heading by adding ‘‘, and status’’
after ‘‘enrollments’’;
(2) by inserting ‘‘(a)’’ before ‘‘The Auxiliary’’;
and
(3) by adding at the end the following new sub-
sections:
‘‘(b) A member of the Coast Guard Auxiliary is not
a Federal employee except for the following purposes:
‘‘(1) Chapter 26 of title 28 (popularly known as
the Federal Tort Claims Act).
‘‘(2) Section 2733 of title 10 (popularly known
as the Military Claims Act).
‘‘(3) The Act of March 3, 1925 (46 App.
U.S.C. 781–790; popularly known as the Public Ves-
sel Act).
‘‘(4) The Act of March 9, 1920 (46 App.
U.S.C. 741–752; popularly known as the Suits in
Admiralty Act).
‘‘(5) The Act of June 19, 1948 (46 App. U.S.C.
740; popularly known as the Admiralty Extension
Act).
‘‘(6) Other matters related to noncontractual
civil liability.
‘‘(7) Compensation for work injuries under
chapter 81 of title 5.
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‘‘(8) The resolution of claims relating to dam-
age to or loss of personal property of the member in-
cident to service under section 3721 of title 31 (pop-
ularly known as the Military Personnel and Civilian
Employees’ Claims Act of 1964).
‘‘(c) A member of the Auxiliary, while assigned to
duty, shall be deemed to be a person acting under an offi-
cer of the United States or an agency thereof for purposes
of section 1442(a)(1) of title 28.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 23 of title 14, United States
Code, is amended by striking the item relating to section
823 and inserting the following:
‘‘823. Eligibility, enrollments, and status.’’.
SEC. 804. ASSIGNMENT AND PERFORMANCE OF DUTIES.
(a) TRAVEL AND SUBSISTENCE EXPENSE.—Section
830(a) of title 14, United States Code, is amended by
striking ‘‘specific’’.
(b) ASSIGNMENT
OF GENERAL DUTIES.—Section
831 of title 14, United States Code, is amended by strik-
ing ‘‘specific’’ each place it appears.
(c) BENEFITS FOR INJURY OR DEATH.—Section 832
of title 14, United States Code, is amended by striking
‘‘specific’’ each place it appears.