Coast Guard Authorization Act of 1996
PL 104-324 (S.1004), enacted 10/19/1996

PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3901 
Public Law 104-324 
104th Congress 
An Act 
To authorize appropriations for the United States Coast Guard, and for other 
Oct. 19, 1996 
purposes. 
[S. 1004] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
Coast Guard 
Authorization 
SECTION 1. SHORT TITLE. 
Act of 1996. 
This Act may be cited as the "Coast Guard Authorization Act 
of 1996". 
SEC. 
2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—AUTHORIZATION 
Sec. 
101. Authorization of appropriations. 
Sec. 
102. Authorized levels of military strength and training. 
Sec. 
103. Quarterly reports on drug interdiction. 
Sec. 
104. Sense of the Congress regarding funding for Coast Guard. 
TITLE II—PERSONNEL MANAGEMENT IMPROVEMENT 
Sec. 201. Provision of child development services. 
Sec. 202. Hurricane Andrew relief 
Sec. 203. Dissemination of results of 0-6 continuation boards. 
Sec. 204. Exclude certain reserves from end-of-year strength. 
Sec. 205. Officer retention until retirement eligible. 
Sec. 206. Recruiting. 
Sec. 207. Access to National Driver Register information on certain Coast Guard 
personnel. 
Sec. 208. Coast Guard housing authorities. 
Sec. 209. Board for Correction of Military Records deadline. 
Sec. 210. Repeal temporary promotion of warrant officers. 
Sec. 211. Appointment of temporary officers. 
Sec. 212. Information to be provided to officer selection boards. 
Sec. 213. Rescue diver training for selected Coast Guard personnel. 
Sec. 214. Special authorities regarding Coast Guard. 
TITLE III—MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT 
Sec. 301. Changes to documentation laws. 
Sec. 302. Nondisclosure of port security plans. 
Sec. 303. Maritime drug and alcohol testing program civil penalty. 
Sec. 304. Renewal of advisory groups. 
Sec. 305. Electronic filing of commercial instruments. 
Sec. 306. Civil penalties. 
Sec. 307. Amendment to require EPIRBs on the Great Lakes. 
Sec. 308. Report on LORAN-C requirements. 
Sec. 309. Small boat stations. 
Sec. 310. Penalty for alteration of marine safety equipment. 
Sec. 311. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels 
in foreign shipyards. 
Sec. 312. Withholding vessel clearance for violation of certain Acts. 
110 STAT. 3902 
PUBLIC LAW 104-324—OCT. 19, 1996 
Sec. 313. Information barred in legal proceedings. 
Sec. 314. Marine casualty reporting. 
TITLE IV—COAST GUARD AUXILIARY 
Sec. 401. Administration of the Coast Guard auxiliary. 
Sec. 402. Purpose of the Coast Guard auxiliary. 
Sec. 403. Members of the auxiliary; status. 
Sec. 404. Assignment and performance of duties. 
Sec. 405. Cooperation with other agencies, States, territories, and political subdivi-
sions. 
Sec. 406. Vessel deemed public vessel. 
Sec. 407. Aircraft deemed public aircraft. 
Sec. 408. Disposal of certain material. 
TITLE V—DEEPWATER PORT MODERNIZATION 
Sec. 501. Short title. 
Sec. 502. Declarations of purpose and policy. 
Sec. 503. Definitions. 
Sec. 504. Licenses. 
Sec. 505. Informational filings. 
Sec. 506. Antitrust review. 
Sec. 507. Operation. 
Sec. 508. Marine environmental protection and navigational safety. 
TITLE VI—COAST GUARD REGULATORY REFORM 
Sec. 601. Short title. 
Sec. 602. Safety management. 
Sec. 603. Use of reports, documents, records, and examinations of other persons. 
Sec. 604. Equipment approval. 
Sec. 605. Frequency of inspection. 
Sec. 606. Certificate of inspection. 
Sec. 607. Delegation of authority of Secretary to classification societies. 
TITLE VII—TECHNICAL AND CONFORMING AMENDMENTS 
Sec. 701. Amendment of inland navigation rules. 
Sec. 702. Measurement of vessels. 
Sec. 703. Longshore and harbor workers compensation. 
Sec. 704. Radiotelephone requirements. 
Sec. 705. Vessel operating requirements. 
Sec. 706. Merchant Marine Act, 1920. 
Sec. 707. Merchant Marine Act, 1956. 
Sec. 708. Maritime education and training. 
Sec. 709. General definitions. 
Sec. 710. Authority to exempt certain vessels. 
Sec. 711. Inspection of vessels. 
Sec. 712. Regulations. 
Sec. 713. Penalties—Inspection of vessels. 
Sec. 714. Application—Tank vessels. 
Sec. 715. Tank vessel construction standards. 
Sec. 716. Tanker minimum standards. 
Sec. 717. Self-propelled tank vessel minimum standards. 
Sec. 718. Definition—^Abandonment of barges. 
Sec. 719. Application—^Load lines. 
Sec. 720. Licensing of individuals. 
Sec. 721. Able seamen—Limited. 
Sec. 722. Able seamen—Offshore supply vessels. 
Sec. 723. Scale of employment—^Able seamen. 
Sec. 724. CSreneral requirements—Engine department. 
Sec. 725. Complement of inspected vessels. 
Sec. 726. Watchmen. 
Sec. 727. Citizenship and Naval Reserve requirements. 
Sec. 728. Watches. 
Sec. 729. Minimum number of licensed individuals. 
Sec. 730. Officers' competency certificates convention. 
Sec. 731. Merchant mariners documents required. 
Sec. 732. Certain crew requirements. 
Sec. 733. Freight vessels. 
Sec. 734. Exemptions. 
Sec. 735. United States registered pilot service. 
Sec. 736. Definitions—Merchant seamen protection. 
Sec. 737. Application—Foreign and intercoastal voyages. 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3903 
Sec. 738. Application—Coastwise voyages. 
Sec. 739. Fisning agreements. 
Sec. 740. Accommodations for seamen. 
Sec. 741. Medicine chests. 
Sec. 742. Logbook and entry requirements. 
Sec. 743. Coastwise endorsements. 
Sec. 744. Fishery endorsements. 
Sec. 745. Convention tonnage for licenses, certificates, and documents. 
Sec. 746. Technical corrections. 
Sec. 747. Technical corrections to references to ICC. 
TITLE VIII—POLLUTION FROM SHIPS 
Sec. 801. Prevention of pollution from ships. 
Sec. 802. Marine plastic pollution researcn and control. 
TITLE IX—TOWING VESSEL SAFETY 
Sec. 901. Reduction of oil spills from non-self-propelled tank vessels. 
Sec. 902. Requirement for fire suppression devices. 
Sec. 903. Studies addressing various sources of oil spill risk. 
TITLE X—CONVEYANCES 
Sec. 1001. Conveyance of lighthouses. 
Sec. 1002. Conveyance of certain lighthouses located in Maine. 
Sec. 1003. Transfer of Coast Guard property in Gosnold, Massachusetts. 
Sec. 1004. Conveyance of property in Ketchikan, Alaska. 
Sec. 1005. Conveyance of property in Traverse City, Michigan. 
Sec. 1006. Transfer of Coast Guard property in New Shorenam, Rhode Island. 
Sec. 1007. Conveyance of property in Santa Cruz, California. 
Sec. 1008. Conveyance of vessel S/S RED OAK VICTORY. 
Sec. 1009. Conveyance of equipment. 
Sec. 1010. Property exchange. 
Sec. 1011. Autnority to convey Whitefish Point Light Station land. 
Sec. 1012. Conveyance of Parramore Beach Coast Guard Station, Virginia. 
Sec. 1013. Conveyance of Jeremiah O'Brien. 
TITLE XI—MISCELLANEOUS 
Sec. 1101. Florida Avenue Bridge. 
Sec. 1102. Oil Spill Recovery Institute. 
Sec. 1103. Limited double hull exemptions. 
Sec. 1104. Oil spill response vessels. 
Sec. 1105. Service in certain suits in admiralty. 
Sec. 1106. Amendments to the Johnson Act. 
Sec. 1107. Lower Columbia River maritime fire and safety activities. 
Sec. 1108. Oil pollution research training. 
Sec. 1109. Limitation on relocation of Houston and Galveston marine safety offices. 
Sec. 1110. Uninspected fish tender vessels. 
Sec. 1111. Foreign passenger vessel user fees. 
Sec. 1112. Coast Guard user fees. 
Sec. 1113. Vessel financing. 
Sec. 1114. Manning and watch requirements on towing vessels on the Great Lakes. 
Sec. 1115. Repeal of Great Lakes endorsements. 
Sec. 1116. Relief from United States documentation requirements. 
Sec. 1117. Use of foreign registry oil spill response vessels. 
Sec. 1118. Judicial sale of certain documented vessels to aliens. 
Sec. 1119. Improved authority to sell recyclable material. 
Sec. 1120. Documentation of certain vessels. 
Sec. 1121. Vessel deemed to be a recreational vessel. 
Sec. 1122. Small passenger vessel pilot inspection program with the State of Min-
nesota. 
Sec. 1123. Commonwealth of the Northern Mariana Islands fishing. 
Sec. 1124. Availability of extrajudicial remedies for default on preferred mortgage 
liens on vessels. 
Sec. 1125. Offshore facility financial responsibility requirements. 
Sec. 1126. Deauthorization of navigation project, Cohasset Harbor, Massachusetts. 
Sec. 1127. Sense of Congress; requirement regarding notice. 
Sec. 1128. Requirement for procurement of buoy chain. 
Sec. 1129. Cruise ship liability. 
Sec. 1130. Sense of Congress on the implementation of regulations regarding ani-
mal fats and vegetable oils. 
Sec. 1131. Term of Director of the Bureau of Transportation Statistics. 
Sec. 1132. Waiver of certain requirements for historic former Presidential Yacht 
Sequoia. 
110 STAT. 3904 
PUBLIC LAW 104-324—OCT. 19, 1996 
Sec. 1133. Vessel requirements. 
Sec. 1134. Existing tank vessel research. 
Sec. 1135. Plan for the engineering, design, and retrofitting of the Icebreaker 
Mackinaw. 
Sec. 1136. Cross-border financing. 
Sec. 1137. Vessel standards. 
Sec. 1138. Vessels subject to the jurisdiction of the United States. 
Sec. 1139. Reactivation of closed shipyards. 
Sec. 1140. Sakonnet Point Light. 
Sec. 1141. Dredging of Rhode Island Waterways. 
Sec. 1142. Interim payments. 
Sec. 1143. Oil spill information. 
Sec. 1144. Compliance with oil spill response plans. 
Sec. 1145. Bridge deemed to unreasonably obstruct navigation. 
Sec. 1146. Fishing vessel exemption. 
TITLE I—AUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Funds are authorized to be appropriated 
for necessary expenses of the Coast Guard, as follows: 
(1) For the operation and maintenance of the Coast 
Guard— 
(A) for fiscal year 1996, $2,618,316,000; and 
(B) for fiscal year 1997, $2,637,800,000; 
of which $25,000,000 shall be derived each fiscal year from 
the Oil Spill Liability Trust Fund. 
(2) For the acquisition, construction, rebuilding, and 
improvement of aids to navigation, shore and offshore facilities, 
vessels, and aircraft, including equipment related thereto— 
(A) for fiscal year 1996, $428,200,000; and 
(B) for fiscal year 1997, $411,600,000; 
to remain available until expended, of which $32,500,000 for 
fiscal year 1996 and $20,000,000 for fiscal year 1997 shall 
be derived each fiscal year from the Oil Spill Liability Trust 
Fund to carry out the purposes of section 1012(a)(5) of the 
Oil Pollution Act of 1990. 
(3) For research, development, test, and evaluation of tech-
nologies, materials, and human factors directly relating to 
improving the performance of the Coast Guard's mission in 
support of search and rescue, aids to navigation, marine safety, 
marine environmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and defense readi-
ness— 
(A) for fiscal year 1996, $22,500,000; and 
(B) for fiscal year 1997, $20,300,000; 
to remain available until expended, of which $3,150,000 for 
fiscal year 1996 and $5,020,000 for fiscal year 1997 shall be 
derived each fiscal year from the Oil Spill Liability Trust Fund. 
(4) For retired pay (including the pa)mient of obligations 
otherwise chargeable to lapsed appropriations for this purpose), 
pa5anents under the Retired Serviceman's Family Protection 
and Survivor Benefit Plans, and payments for medical care 
of retired personnel and their dependents under chapter 55 
of title 10, United States Code— 
(A) for fiscal year 1996, $582,022,000; and 
(B) for fiscal year 1997, $608,100,000. 
(5) For alteration or removal of bridges over navigable 
waters of the United States constituting obstructions to naviga-
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3905 
tion, and for personnel and administrative costs associated 
with the Bridge Alteration Program— 
(A) for fiscal year 1996, $25,300,000, to remain avail-
able until expended; and 
(B) for fiscal year 1997, $25,100,000, to remain avail-
able until expended. 
(6) For environmental compliance and restoration at Coast 
Guard facilities (other than parts and equipment associated 
with operations and maintenance), $25,000,000 for each of fiscal 
years 1996 and 1997, to remain available until expended, 
(b) AMOUNTS FROM THE DISCRETIONARY BRIDGE PROGRAM.— 
(1) Section 104 of title 49, United States Code, is amended by 
adding at the end thereof the following: 
"(e) Notwithstanding the provisions of sections 101(d) and 144 
of title 23, highway bridges determined to be unreasonable obstruc-
tions to navigation under the Truman-Hobbs Act may be funded 
from amounts set aside from the discretionary bridge program. 
The Secretary shall transfer these allocations and the responsibility 
for administration of these funds to the United States Coast 
Guard.". 
(2) Notwithstanding any other provision of law, the Secretary 
of Transportation shall allocate out of funds available, $9,100,000 
for the John F. Limehouse Memorial Bridge, Charleston, South 
Carolina. The allocation shall be deposited in the Truman-Hobbs 
bridge program account. The Secretary shall transfer this allocation 
and responsibility for administration of these funds to the United 
States Coast Guard. 
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAIN-
ING. 
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is authorized 
an end-of-year strength for active duty personnel o
f
— 
(1) 38,400 as of September 30, 1996; and 
(2) 37,561 as of September 30, 1997. 
(b) MILITARY TRAINING STUDENT LOADS.—The Coast Guard 
is authorized average military training student loads as follows: 
(1) For recruit and special training— 
(A) for fiscal year 1996, 1604 student years; and 
(B) for fiscal year 1997, 1604 student years. 
(2) For flight training— 
(A) for fiscal year 1996, 85 student years; and 
(B) for fiscal year 1997, 95 student years. 
(3) For professional training in military and civilian institu-
tions— 
(A) for fiscal year 1996, 330 student years; and 
(B) for fiscal year 1997, 295 student years. 
(4) For officer acquisition— 
(A) for fiscal year 1996, 874 student years; and 
(B) for fiscal year 1997, 878 student years. 
SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION. 
14USC89note. 
Not later than 30 days after the end of each fiscal year quarter, 
the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation 
of the Senate a report on all expenditures related to drug interdic-
tion activities of the Coast Guard during that quarter. 
110 STAT. 3906 
PUBLIC LAW 104-324—OCT. 19, 1996 
SEC. 104. SENSE OF THE CONGRESS REGARDD>JG FUNDING FOR COAST 
GUARD. 
It is the sense of the Congress that in appropriating amounts 
for the Coast Guard, the Congress should appropriate 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. 
TITLE II—PERSONNEL MANAGEMENT 
IMPROVEMENT 
SEC. 201. PROVISION OF CHILD DEVELOPMENT SERVICES. 
(a) IN GENERAL.—Title 14, United States Code, is amended 
by inserting after section 514 the following new section: 
"§ 515. Child development services 
"(a) The Commandant may make child development services 
available for members and civilian employees of the Coast Guard, 
and thereafter as space is available for members of the Armed 
Forces and Federal civilian employees. Child development service 
benefits provided under the authority of this section shall be in 
addition to benefits provided under other laws. 
"(b)(1) Except as provided in paragraph (2), the Commandant 
may require that amounts received as fees for the provision of 
services under this section at Coast Guard child development cen-
ters be used only for compensation of employees at those centers 
who are directly involved in providing child care. 
"(2) If the Commandant determines that compliance with the 
limitation in paragraph (1) would result in an uneconomical and 
inefficient use of such fee receipts, the Commandant may (to the 
extent that such compliance would be uneconomical and inefficient) 
use such receipts— 
"(A) for the purchase of consumable or disposable items 
for Coast Guard child development centers; and 
"(B) if the requirements of such centers for consumable 
or disposable items for a given fiscal year have been met, 
for other expenses of those centers. 
"(c) The Commandant shall provide for regular and unan-
nounced inspections of each child development center iinder this 
section and may use Department of Defense or other training pro-
grams to ensure that all child development center employees under 
this section meet minimum standards of training with respect to 
early childhood development, activities and disciplinary techniques 
appropriate to children of different ages, child abuse prevention 
and detection, and appropriate emergency medical procedures. 
"(d) Of the amounts available to the Coast Guard each fiscal 
year for operating expenses (and in addition to amounts received 
as fees), the Secretary may use for child development services 
• 
under this section an amount not to exceed the total amount the 
Commandant estimates will be received by the Coast Guard in 
the fiscal year as fees for the provision of those services. 
"(e) The Commandant may use appropriated funds available 
to the Coast Guard to provide assistance to family home day care 
providers so that family home day care services can be provided 
to uniformed service members and civilian employees of the Coast 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3907 
Guard at a cost comparable to the cost of services provided by 
Coast Guard child development centers. 
"(f) The Secretary shall promulgate regulations to implement 
this section. The regulations shall establish fees to be charged 
for child development services provided under this section which 
take into consideration total family income. 
"(g) For purposes of this section, the term 'child development 
center' does not include a child care services facility for which 
space is allotted under section 616 of the Act of December 22, 
1987 (40 U.S.C. 490b).". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 13 of title 14, United States Code, is amended 
by inserting after the item related to section 514 the following: 
"515. Child development services.". 
SEC. 202. HURRICANE ANDREW RELIEF. 
Section 2856 of the National Defense Authorization Act for 
Fiscal Year 1993 (Pub. L. 102-484) applies to the military personnel 
of the Coast Guard who were assigned to, or employed at or in 
connection with, any Federal facility or installation in the vicinity 
of Homestead Air Force Base, Florida, including the areas of 
Broward, Collier, Dade, and Monroe Counties, on or before August 
24, 1992, except that funds available to the Coast Guard, not 
to exceed $25,000, shall be used. The Secretary of Transportation 
shall administer the provisions of section 2856 for the Coast Guard. 
SEC. 203. DISSEMINATION 
OF RESULTS 
OF 
0-6 
CONTINUATION 
BOARDS. 
Section 289(f) of title 14, United States Code, is amended 
by striking "Upon approval by the President, the names of the 
officers selected for continuation on active duty by the board shall 
be promptly disseminated to the service at large.". 
SEC. 204. EXCLUDE 
CERTAIN 
RESERVES 
FROM 
END-OF-YEAR 
STRENGTH. 
Section 712 of title 14, United States Code, is amended by 
adding at the end the following: 
"(d) Reserve members ordered to active duty under this section 
shall not be counted in computing authorized strength of members 
on active duty or members in grade under this title or under 
any other law.". 
SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE. 
Section 283(b) of title 14, United States Code, is amended— 
(1) by inserting "(1)" after "(b)"; 
(2) by striking the last sentence; and 
(3) by adding at the end the following: 
"(2) Upon the completion of a term under paragraph (1), an 
officer shall, unless selected for further continuation— 
"(A) except as provided in subparagraph (B), be honorably 
discharged with severance pay computed under section 286 
of this title; 
"(B) in the case of an officer who has completed at least 
18 years of active service on the date of discharge under 
subparagraph (A), be retsdned on active duty and retired on 
the last day of the month in which the officer completes 20 
years of active service, unless earlier removed under another 
provision of law; or 
Regulations. 
Florida. 
110 STAT. 3908 
PUBLIC LAW 104-324—OCT. 19, 1996 
"(C) if, on the date specified for the officer's discharge 
under this section, the officer has completed at least 20 years 
of active service or is eligible for retirement under any law, 
be retired on that date.". 
SEC. 206. RECRUITING. 
(a) CAMPUS RECRUITING.—Section 558 of the National Defense 
10 use 503 note. Authorization Act for Fiscal Year 1995 (108 Stat. 2776) is amend-
ed— 
(1) by inserting "or the Department of Transportation" 
in subsection (a)(1) after "the Department of Defense"; 
(2) by inserting "or the Secretary of Transportation" after 
"the Secretary of Defense" in subsection (a)(1); and 
(3) by inserting "and the Secretary of Transportation" after 
"the Secretary of Education" in subsection (b). 
(b) FUNDS FOR RECRUITING.—The text of section 468 of title 
14, United States Code, is amended to read as follows: 
"The Coast Guard may expend operating expense funds for 
recruiting activities, including but not limited to advertising and 
entertainment, in order to— 
"(1) obtain recruits for the Service and cadet applicants; 
and 
"(2) gain support of recruiting objectives from those who 
may assist in the recruiting effort.". 
Reports. 
(c) RECRUITMENT OF WOMEN AND MINORITIES.—Not later than 
January 31, 1997, the Commandant of the Coast Guard shall report 
to the Committee on Transportation and Infrastructure of the House 
of Representatives 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 recruitment of women and minorities. 
SEC. 207. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON 
CERTAIN COAST GUARD PERSONNEL. 
(a) AMENDMENT TO TITLE 14.—Section 93 of title 14, United 
States Code, is amended— 
(1) by striking "and" after the semicolon at the end of 
paragraph (t); 
(2) by striking the period at the end of paragraph (u) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(v) require that any member of the Coast Guard or Coast 
Guard Reserve (including a cadet or an applicant for appoint-
ment or enlistment to any of the foregoing and any member 
of a uniformed service who is assigned to the Coast Guard) 
request that all information contained in the National Driver 
Register pertaining to the individual, as described in section 
30304(a) of title 49, be made available to the Commandant 
under section 30305(a) of title 49, may receive that information, 
and upon receipt, shall make the information available to the 
individual.". 
(b) AMENDMENT TO TITLE 49.—Section 30305(b) of title 49, 
United States Code, is amended by redesignating paragraph (7) 
as paragraph (8) and inserting after paragraph (6) the following 
new paragraph: 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3909 
"(7) An individual who is an officer, chief warrant officer, or 
enhsted member of the Coast Guard or Coast Guard Reserve 
(including a cadet or an applicemt for appointment or enlistment 
of any of the foregoing and any member of a uniformed service 
who is assigned to the Coast Guard) may request the chief driver 
licensing official of a State to provide information about the individ-
ual under subsection (a) of this section to the Commandant of 
the Coast Guard. The Commandant may receive the information 
and shall make the information available to the individual. Informa-
tion may not be obtained from the Register under this paragraph 
if the information was entered in the Register more than 3 years 
before the request, unless the information is about a revocation 
or suspension still in effect on the date of the request.". 
SEC. 208. COAST GUARD HOUSING AUTHORITIES. 
(a) IN GENERAL.—^Title 14, United States Code, is amended 
by adding after chapter 17 the following new chapter: 
"CHAPTER 18—COAST GUARD HOUSING 
AUTHORITIES 
"Sec. 
"680. Definitions. 
"681. General authority. 
"682. Loan guarantees. 
"683. Leasing of housing to be constructed. 
"684. Limited partnerships in nongovernmental entities. 
"685. Conveyance or lease of existing property and facilities. 
"686. Assignment of members of the armed forces to housing units. 
"687. Coast Guard Housing Fund. 
"688. Reports. 
"689. Expiration of authority. 
"§680. Definitions 
"In this chapter: 
"(1) The term 'construction' means the construction of mili-
tary housing units and ancillary supporting facilities or the 
improvement or rehabilitation of existing units or ancillary 
supporting facilities. 
"(2) The term 'contract' includes any contract, lease, or 
other agreement entered into under the authority of this chap-
ter. 
"(3) The term 'military unaccompanied housing' means mili-
tary housing intended to be occupied by members of the armed 
forces serving a tour of duty unaccompanied by dependents. 
"(4) The term 'United States' includes the Commonwealth 
of Puerto Rico, Guam, the United States Virgin Islands, and 
the District of Columbia. 
"§ 681. General authority 
"(a) AUTHORITY.—In addition to any other authority providing 
for the acquisition or construction of military family housing or 
military unaccompanied housing, the Secretary may exercise any 
authority or any combination of authorities provided under this 
chapter in order to provide for the acquisition or construction by 
private persons of the following: 
"(1) Family housing units on or near Coast Guard installa-
tions within the United States and its territories and posses-
sions. 
110 STAT. 3910 
PUBLIC LAW 104-324—OCT. 19, 1996 
"(2) Unaccompanied housing units on or near such Coast 
Guard installations. 
"(b) LIMITATION ON APPROPRIATIONS.—No appropriation shall 
be made to acquire or construct military family housing or military 
unaccompanied housing under this chapter if that acquisition or 
construction has not been approved by resolutions adopted by the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate. 
'*§ 682. Loan guarantees 
"(a) LOAN GUARANTEES.— 
"(1) Subject to subsection (b), the Secretary may guarantee 
a loan made to any person in the private sector if the proceeds 
of the loan are to be used by the person to acquire, or construct 
housing units that the Secretary determines are suitable for 
use as military family housing or as military unaccompanied 
housing. 
"(2) The amount of a guarantee on a loan that may be 
provided under paragraph (1) may not exceed the amount equal 
to the lesser of— 
"(A) 80 percent of the value of the project; or 
"(B) the outstanding principal of the loan. 
"(3) The Secretary shall establish such terms and conditions 
with respect to guarantees of loans under this subsection as 
the Secretary considers appropriate to protect the interests 
of the United States, including the rights and obligations of 
the United States with respect to such guarantees. 
"(4) The funds for the loan guarantees entered into under 
this section shall be held in the Coast Guard Housing Fund 
under section 687 of this title. The Secretary is authorized 
to purchase mortgage insuremce to guarantee loans in lieu 
of guaranteeing loans directly against funds held in the Coast 
Guard Housing Fund. 
"(b) LIMITATION ON GUARANTEE AUTHORITY.—Loan guarantees 
may be made under this section only to the extent that appropria-
tions of budget authority to cover their cost (as defined in section 
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) 
are made in advance, or authority is otherwise provided in appro-
priations Acts. If such appropriation or other authority is provided, 
there may be established a financing account (as defined in section 
502(7) of such Act (2 U.S.C. 661a(7))) which shall be available 
for the disbursement of pa3mflent of claims for payment on loan 
guarantees under this section and for all other cash flows to and 
from the Government as a result of guarantees made under this 
section. 
*'§ 683. Leasing of housing to be constructed 
"(a) BUILD AND LEASE AUTHORIZED.—The Secretary may enter 
into contracts for the lease of military family housing units or 
military unaccompanied housing units to be constructed under this 
chapter. 
"(b) LEASE TERMS.—^A contract under this section may be for 
any period that the Secretary determines appropriate and may 
provide for the owner of the leased property to operate and maintain 
the property. 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3911 
''§684. Limited partnerships with nongovernmental entities 
"(a) LIMITED PARTNERSHIPS AUTHORIZED.—The Secretary may 
enter into limited partnerships with nongovernmental entities 
carrying out projects for the acquisition or construction of housing 
units suitable for use as military family housing or as military 
unaccompanied housing. 
"(b) LIMITATION ON VALUE OF INVESTMENT IN LIMITED PARTNER-
SHIP.—(1) The cash amount of an investment imder this section 
in a nongovernmental entity may not exceed an amount equal 
to 33 
Va percent of the capital cost (as determined by the Secretary) 
of the project or projects that the entity proposes to carry out 
under this section with the investment. 
"(2) If the Secretary conveys land or facilities to a nongovern-
mental entity as all or part of gin investment in the entity under 
this section, the total value of the investment by the Secretary 
under this section may not exceed an amount equal to 45 percent 
of the capital cost (as determined by the Secretary) of the project 
or projects that the entity proposes to carry out under this section 
with the investment. 
"(3) In this subsection, the term 'capital cost', with respect 
to a project for the acquisition or construction of housing, means 
the total amount of the costs included in the basis of the housing 
for Federal income tax purposes. 
"(c) COLLATERAL INCENTIVE AGREEMENTS.—The Secretary shall 
enter into collateral incentive agreements with nongovernmental 
entities in which the Secretary makes an investment under this 
section to ensure that a suitable preference will be afforded mem-
bers of the armed forces and their dependents in the lease or 
purchase, as the case may be, of a reasonable number of the 
housing units covered by the investment. 
''§ 685. Conveyance or lease of existing property and facilities 
"(a) CONVEYANCE OR LEASE AUTHORIZED.—The Secretary may 
convey or lease property or facilities (including ancillary support 
facilities) to private persons for purposes of using the proceeds 
of such conveyance or lease to carry out activities under this chap-
ter. 
"(b) TERMS AND CONDITIONS.—(1) The conveyance or lease of 
property or facilities under this section shall be for such consider-
ation and upon such terms and conditions as the Secretary considers 
appropriate for the purposes of this chapter and to protect the 
interests of the United States. 
"(2) As part or all of the consideration for a conveyance or 
lease under this section, the purchaser or lessor (as the case may 
be) may enter into an agreement with the Secretary to ensure 
that a suitable preference will be afforded members of the armed 
forces £ind their dependents in the lease or sublease of a reasonable 
number of the housing units covered by the conveyance or lease, 
as the case may be, or in the lease of other suitable housing 
units made available by the purchaser or lessee. 
"(c) INAPPLICABILITY OF CERTAIN PROPERTY MANAGEMENT 
LAWS.—The conveyance or lease of property or facilities under 
this section shall not be subject to the following provisions of 
law: 
"(1) The Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 471 et seq.). 
110 STAT. 3912 
PUBLIC LAW 104-324—OCT. 19, 1996 
"(2) Section 321 of the Act of June 30, 1932 (commonly 
known as the Economy Act) (47 Stat. 412, chapter 314: 40 
U.S.C. 303b). 
"(3) The Stewart B. McKinney Homeless Assistance Act 
(42 U.S.C. 11301 et seq.). 
''§ 686. Assignment of members of the armed forces to housing 
units 
"(a) IN GENERAL.—The Secretary may assign members of the 
armed forces to housing units acquired or constructed under this 
chapter. 
"(b) 
EFFECT OF CERTAIN ASSIGNMENTS ON ENTITLEMENT TO 
HOUSING ALLOWANCES.—(1) Except as provided in paragraph (2), 
housing referred to in subsection (a) shall be considered as quarters 
of the United States or a housing facility under the jurisdiction 
of a uniformed service for purposes of section 403(b) of title 37. 
"(2) A member of the armed forces who is assigned in accord-
ance with subsection (a) to a housing unit not owned or leased 
by the United States shall be entitled to a basic allowance for 
quarters under section 403 of title 37, and, if in a high housing 
cost area, a variable housing allowance under section 403a of that 
title. 
"(c) LEASE PAYMENTS THROUGH PAY ALLOTMENTS.—The Sec-
retary may require members of the armed forces who lease housing 
in housing units acquired or constructed under this chapter to 
make lease payments for such housing pursuant to allotments of 
the pay of such members under section 701 of title 37. 
<'§ 687. Coast Guard Housing Fund 
"(a) ESTABLISHMENT.—There is hereby established on the books 
of the Treasury an account to be known as the Coast Guard Housing 
Fund (in this section referred to as the 'Fund'). 
"(b) CREDITS TO FUND.—There shall be credited to the Fund 
the following: 
"(1) Amounts authorized for and appropriated to that Fund. 
"(2) Subject to subsection (e), any amounts that the Sec-
retary transfers, in such amounts as provided in appropriation 
Acts, to that Fund from amounts authorized and appropriated 
to the Department of Transportation or Coast Guard for the 
acquisition or construction of military family housing or 
unaccompanied housing. 
"(3) Proceeds from the conveyance or lease of property 
or facilities under section 685 of this title for the purpose 
of canying out activities imder this chapter with respect to 
military family and military unaccompanied housing. 
"(4) Income from any activities under this chapter, includ-
ing interest on loan guarantees made under section 682 of 
this title, income and gains realized from investments under 
section 684 of this title, and any return of capital invested 
as part of such investments. 
"(c) USE OF AMOUNTS IN FUND.—(1) In such amounts as pro-
vided in appropriation Acts and except as provided in subsection 
(d), the Secretary may use amounts in the Coast Guard Housing 
Fund to carry out activities under this chapter with respect to 
military family and military unaccompgmied housing units, includ-
ing activities required in connection with the planning, execution. 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3913 
and administration of contracts entered into under the authority 
of this chapter. 
"(2) Amounts made available under this subsection shall remain 
available until expended. 
"(d) LIMITATION ON OBLIGATIONS.—The Secretary may not incur 
an obligation under a contract or other agreements entered into 
under this chapter in excess of the unobligated balance, at the 
time the contract is entered into, of the Fund required to be used 
to satisfy the obligation. 
"(e) NOTIFICATION REQUIRED FOR TRANSFERS.—A transfer of 
appropriated amounts to the Fund under subsection (b)(2) or (b)(3) 
of this section may be made only after the end of a 30-day period 
beginning on the date the Secretary submits written notice of, 
and justification for, the transfer to the appropriate committees 
of Congress. 
"(f) LIMITATION ON AMOUNT OF BUDGET AUTHORITY.—The total 
value in budget authority of all contracts and investments under-
taken using the authorities provided in this chapter shall not exceed 
$20,000,000. 
"§ 688. Reports 
"The Secretary shall include each year in the materials the 
Secretary submits to the Congress in support of the budget submit-
ted by the President pursuant to section 1105 of title 31, the 
following: 
"(1) A report on each contract or agreement for a project 
for the acquisition or construction of military family or military 
unaccompanied housing units that the Secretary proposes to 
solicit under this chapter, describing the project and the method 
of participation of the United States in the project and providing 
justification of such method of participation. 
"(2) A report describing each conveyance or lease proposed 
under section 685 of this title. 
"(3) A methodology for evaluating the extent and effective-
ness of the use of the authorities under this chapter during 
such preceding fiscal year. 
"(4) A description of the objectives of the Department of 
Transportation for providing military family housing and mili-
tary unaccompanied housing for members of the Coast Guard. 
"§ 689. Expiration of authority 
"The authority to enter into a transaction under this chapter 
shall expire October 1, 2001.". 
(b) FINAL REPORT.—Not later than March 1, 2000, the Secretary 
14 USC 688 note. 
of the department in which the Coast Guard is operating shall 
submit to the Congress a report on the use by the Secretary of 
the authorities provided by chapter 18 of title 14, United States 
Code, as added by subsection (a). The report shall assess the 
effectiveness of such authority in providing for the construction 
and improvement of military family housing and military unaccom-
panied housing. 
(c) CLERICAL AMENDMENT.—The table of chapters at the begin-
ning of part I of title 14, United States Code, is amended by 
inserting after the item relating to chapter 17 the following: 
"18. Coast Guard Housing Authorities 
680". 
(d) PILOT PROJECT.—Notwithstanding section 681(b) of title 
14, United States Code, as amended by this Act, and subject to 
110 STAT. 3914 
PUBLIC LAW 104-324—OCT. 19, 1996 
the other requirements of chapter 18 of such title, as amended 
by this Act, the Secretary of Transportation may use the authority 
provided in sections 682, 683, 684, 685, and 686 of such chapter 
to provide for the acquisition or construction of up to 60 family 
housing units and unaccompanied housing units on or near Coast 
Guard Integrated Support Command, Ketchikan, Alaska. 
SEC. 209. BOARD FOR CORRECTION OF MILITARY RECORDS DEAD-
LINE. 
(a) IN GENERAL.—Chapter 11 of title 14, United States Code, 
is amended by inserting after section 424 the following new section: 
^'§425. Board for Correction of Military Records deadline 
"(a) DEADLINE FOR COMPLETION OF ACTION.—The Secretary 
shall complete processing of an application for correction of military 
records imder section 1552 of title 10 by not later than 10 months 
after the date the Secretary receives the completed application. 
"(b) REMEDIES DEEMED EXHAUSTED.—Ten months after a com-
plete 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 eidiausted, and— 
"(1) if the Board has rendered a recommended decision, 
its recommendation shall be final agency action and not subject 
to fiirther review or approval within the department in which 
the Coast Guard is operating; or 
"(2) if the Board has not rendered a recommended decision, 
agency action is deemed to have been unreasonably delayed 
or withheld eind the applicant is entitled to— 
"(A) an order under section 706(1) of title 5, directing 
final action be taken within 30 days fi*om the date the 
order is entered; and 
"(B) fi*om amoimts appropriated to the department in 
which the Coast Guard is operating, the costs of obtsdning 
the order, including a reasonable attomej^s fee.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 11 of title 14, United States Code, is amended 
by inserting after the item relating to section 424 the following 
new item: 
"425. Board for Correction of Military Records deadline.". 
14 use 425 note. 
(c) SPECIAL RIGHT OF APPLICATIONS UNDER THIS SECTION.— 
This section applies to £iny applicant who had an application filed 
with or pending before the Board or the Secretary of the department 
in which the Coast Guard is operating on or after June 12, 1990, 
who files with the Board for Correction of Military Records of 
the Coast Guard an application for relief under the amendment 
made by subsection (a). If a recommended decision was modified 
or reversed on review with final agency action occurring after 
expiration of the 10-month deadline under that amendment, an 
applicant who so requests shall have the order in the fmal decision 
vacated and receive the relief granted in the recommended decision 
if the Coast Guard has the legal authority to grant such relief. 
The recommended decision shall otherwise have no effect as prece-
dent. 
14 use 425 note. 
(d) EFFECTIVE DATE.—^This section shsJl be effective on and 
after June 12, 1990. 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3915 
SEC. 210. REPEAL TEMPORARY PROMOTION OF WARRANT OFFICERS. 
(a) REPEAL.—Section 277 of title 14, United States Code, is 
repealed. The repeal of such section shall not be construed to 
affect the status of any warrant officer currently serving under 
a temporary promotion. 
(b) CONFORMING AMENDMENT.—The table of sections at the 
beginning of chapter 11 of title 14, United States Code, is amended 
by striking the item relating to section 277. 
SEC. 211. APPOINTMENT OF TEMPORARY OFFICERS. 
(a) IN GENERAL.—Section 214 of title 14, United States Code, 
is amended— 
(1) in the heading by striking "Original appointment" 
and inserting "Appointment"; 
(2) by redesignating subsections (d), (e), and (f) in order 
as subsections (b), (c), and (d); and 
(3) in subsection (c), as so redesignated, by inserting 
", or a subsequent promotion appointment of a temporary offi-
cer," after "section". 
(b) CONFORMING AMENDMENT.—^The table of sections at the 
beginning of chapter 11 of title 14, United States Code, is amended 
in the item relating to section 214 by striking "Original appoint-
ment" and inserting "Appointment". 
SEC. 212. INFORMATION TO BE PROVIDED TO OFFICER SELECTION 
BOARDS. 
Section 258(2) of title 14, United States Code, is amended 
by striking ", with identification of those officers who are in the 
promotion zone". 
SEC. 213. RESCUE DIVER TRAINING FOR SELECTED COAST GUARD 
PERSONNEL. 
(a) IN GENERAL.—Section 88 of title 14, United States Code, 
is amended by adding at the end the following new subsection: 
"(d) The Secretary shall establish a helicopter rescue swimming 
program for the purpose of training selected Coast Guard personnel 
in rescue swimming skills, which may include rescue diver train-
ing.". 
(b) CONFORMING AMENDMENT.—Section 9 of the Coast Guard 
Authorization Act of 1984 (98 Stat. 2862; 14 U.S.C. 88 note) is 
repealed. 
SEC. 214. SPECIAL AUTHORITIES REGARDING COAST GUARD. 
(a) REIMBURSEMENT OF EXPENSES FOR MESS OPERATIONS.— 
Section 1011 of title 37, United States Code, is amended by adding 
at the end the following new subsection: 
"(d) When the Coast Gu£ird is not operating as a service in 
the Navy, the Secretary of Transportation shall establish rates 
for meals sold at Coast Guard dining facilities, provide for 
reimbursement of operating expenses and food costs to the appro-
priations concerned, and reduce the rates for such meals when 
the Secretary determines that it is in the best interest of the 
United States to do so.". 
(b) SEVERABLE SERVICES CONTRACTS CROSSING FISCAL YEARS.— 
Section 2410a of title 10, United States Code, is amended— 
(1) by striking "Funds" and inserting "(a) Funds"; and 
(2) by adding at the end the following new subsection: 
110 STAT. 3916 
PUBLIC LAW 104-324—OCT. 19, 1996 
"(b) The Secretary of Transportation with respect to the Coast 
Guard when it is not operating as a service in the Navy, may 
enter into a contract for procurement of severable services for 
a period that begins in one fiscal year and ends in the next fiscal 
year if (without regard to any option to extend the period of the 
contract) the contract period does not exceed one year. Funds made 
available for a fiscal year may be obligated for the total amount 
of a contract entered into under the authority of this subsection.". 
TITLE III—MARINE SAFETY AND 
WATERWAY SERVICES MANAGEMENT 
SEC. 301. CHANGES TO DOCUMENTATION LAWS. 
(a) CIVIL PENALTY,— Section 12122(a) of title 46, United States 
Code, is amended by striking "$500" and inserting "$10,000". 
(b) SEIZURE AND FORFEITURE.— 
(1) IN GENERAL.—Section 12122(b) of title 46, United States 
Code, is amended to read as follows: 
"(b) A vessel and its equipment are liable to seizure by and 
forfeiture to the United States Government— 
"(1) when the owner of a vessel or the representative or 
agent of the owner knowingly falsifies or conceals a material 
fact, or knowingly makes a false statement or representation 
about the documentation or when applying for documentation 
of the vessel; 
"(2) when a certificate of documentation is knowingly and 
fi*audulently used for a vessel; 
"(3) when a vessel is operated after its endorsement has 
been denied or revoked under section 12123 of this title; 
"(4) when a vessel is employed in a trade without an 
appropriate trade endorsement; 
"(5) when a documented vessel with only a recreational 
endorsement is operated other than for pleasure; or 
"(6) when a documented vessel, other than a vessel with 
only a recreational endorsement, is placed under the command 
of a person not a citizen of the United States.". 
(2) CONFORMING AMENDMENT.—Section 12122(c) of title 46, 
United States Code, is repealed. 
(c) LIMITATION ON OPERATION OF VESSEL WITH ONLY REC-
REATIONAL ENDORSEMENT.—Section 12110(c) of title 46, United 
States Code, is amended to read as follows: 
"(c) A vessel with only a recreational endorsement may not 
be operated other than for pleasure.". 
(d) 
TERMINATION OF RESTRICTION ON COMMAND OF 
REC-
REATIONAL VESSELS.— 
(1) TERMINATION OF RESTRICTION.—Subsection (d) of section 
12110 of title 46, United States Code, is amended by inserting 
", other than a vessel with only a recreational endorsement," 
after "A documented vessel"; and 
(2) CONFORMING AMENDMENTS.— 
(A) Section 12111(a)(2) of title 46, United States Code, 
is amended by inserting before the period the following: 
"in violation of section 12110(d) of this title". 
46 use 8103 
(B) Section 317 of Public Law 101-595 is amended 
note. 
by striking "and 
12111" and inserting "12111, and 
12122(b)". 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3917 
(e) FISHERY ENDORSEMENTS.—Section 12108 of title 46, United 
States Code, is amended by adding at the end the following: 
"(d) A vessel purchased by the Secretary of Commerce through 
a fishing capacity reduction program under the Magnuson Fishery 
Conservation Management Act (16 U.S.C. 1801 et seq.) or section 
308 of the Interjurisdictional Fisheries Act (16 U.S.C. 4107) is 
not eligible for a fishery endorsement, and any fishery endorsement 
issued for that vessel is invalid.". 
SEC. 302. NONDISCLOSURE OF PORT SECURITY PLANS. 
Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 
1226), is amended by adding at the end the following new subsection 
(0: 
"(c) NONDISCLOSURE OF PORT SECURITY PLANS.—Notwithstand-
ing any other provision of law, information related to security 
plans, procedures, or programs for passenger vessels or passenger 
terminals authorized under this Act is not required to be disclosed 
to the public". 
SEC. 303. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL 
PENALTY. 
(a) IN GENERAL.—Chapter 21 of title 46, United States Code, 
is amended by adding at the end a new section 2115 to read 
as follows: 
''§2115. Civil penalty to enforce alcohol and dangerous drug 
testing 
"Any person who fails to implement or conduct, or who other-
wise fails to comply with the requirements prescribed by the Sec-
retary for, chemical testing for dangerous drugs or for evidence 
of alcohol use, as prescribed imder this subtitle or a regulation 
prescribed by the Secretary to carry out the provisions of this 
subtitle, is liable to the United States Government for a civil penalty 
of not more than $1,000 for each violation. Each day of a continuing 
violation sheill constitute a separate violation.". 
(b) CONFORMING AMENDMENT.—The table of sections at the 
beginning of chapter 21 of title 46, United States Code, is amended 
by inserting after the item relating to section 2114 the following: 
"2115. Civil penalty to enforce alcohol and dangerous drug testing.". 
SEC. 304. RENEWAL OF ADVISORY GROUPS. 
(a) NAVIGATION SAFETY ADVISORY COUNCIL.—Section 5(d) of 
the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is 
amended by striMng "September 30, 1995" and inserting "Septem-
ber 30, 2000". 
(b) COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMIT-
TEE.—Subsection (e)(1) of section 4508 of title 46, United States 
Code, is amended by striking "September 30, 1994" and inserting 
"September 30, 2000". 
(c) TOWING SAFETY ADVISORY COMMITTEE.—Subsection (e) of 
the Act to Establish A Towing Safety Advisory Committee in the 
Department of Transportation (33 U.S.C. 1231a(e)) is amended 
by striking "September 30, 1995" and inserting "September 30, 
2000". 
(d) 
HOUSTON-GALVESTON 
NAVIGATION 
SAFETY 
ADVISORY 
COMMITTEE.—The Coast Guard Authorization Act of 1991 (Public 
Law 102-241) is amended by adding at the end of section 18 
105 Stat. 2213. 
the following: 
110 STAT. 3918 
PUBLIC LAW 104-324—OCT. 19, 1996 
"(h) The Committee shall terminate on September 30, 2000.". 
(e) LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMIT-
TEE.—The Coast Guard Authorization Act of 1991 (Public Law 
105 Stat. 2215. 
102-241) is amended by adding at the end of section 19 the follow-
ing: 
"(g) The Committee shall terminate on September 30, 2000.". 
(f) NATIONAL BOATING SAFETY ADVISORY COUNCIL.—Section 
13110(e) of title 46, United States Code, is amended by striking 
"September 30,1996" and inserting "September 30, 2000". 
(g) CLERICAL AMENDMENT.—The section heading for section 
5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) 
is amended by striking "Rules of the Road Advisory Council" and 
inserting "Navigation Safety Advisory Council". 
SEC. 305. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS. 
Section 31321(a) of title 46, United States Code, is amended 
by adding at the end the following new paragraph: 
Regulations. 
"(4)(A) A bill of sale, conveyance, mortgage, assignment, 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 xmless the original instrument is provided to the 
Secretary within that 10-day period.". 
SEC. 306. CIVIL PENALTIES. 
(a) PENALTY FOR FAILURE TO REPORT A CASUALTY.—Section 
6103(a) of title 46, United States Code is amended by striking 
"$1,000" and inserting "not more than $25,000". 
(b) OPERATION OF UNINSPECTED TOWING VESSEL IN VIOLATION 
OF MANNING REQUIREMENTS.—Section 8906 of title 46, United 
States Code, is amended by striking "$1,000" and inserting "not 
more than $25,000". 
SEC. 307. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT LAKES. 
Paragraph (7) of section 4502(a) of title 46, United States 
Code, is amended by inserting "or beyond 3 nautical miles from 
the coastline of the Great Lakes" after "high seas". 
SEC. 308. 
REPORT 
ON 
LORAN-C 
REQUIREMENTS. 
Not later than 6 months after the date of enactment of this 
Act, the Secretary of Transportation, in cooperation with the Sec-
retary of Commerce, shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
a plan prepared in consultation with users of the LORAN-C radio-
navigation system defining the future use of and funding for oper-
ations, maintenance, and upgrades of the LORAN-C radionavigation 
system. The plan shall provide for— 
(1) mechanisms to make full use of compatible satellite 
and LORAN-C technology by all modes of transportation, the 
telecommunications industry, and the National Weather Serv-
ice; 
(2) an appropriate timetable for transition fi*om ground-
based radionavigation technology after it is determined that 
satellite-based technology is available as a sole means of safe 
and efficient navigation and taking into consideration the need 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3919 
to ensure that LORAN-C technology purchased by the pubUc 
before the year 2000 has a useful economic life; and 
(3) agencies in the Department of Transportation and other 
relevant Federal agencies to share the Federal Government's 
costs related to LORAN-C technology. 
SEC. 309. SMALL BOAT STATIONS. 
(a) IN GENERAL.—Chapter 17 of title 14, United States Code, 
is amended by adding at the end the following: 
"§ 673. Small boat station rescue capability 
"The Secretary of Transportation shall ensure that each Coast 
Guard small boat station (including a seasonally operated station) 
maintains, within the area of responsibility for the station, at 
least 1 vessel that is fully capable of performing offshore rescue 
operations, taking into consideration prevailing weather, marine 
conditions, and depositional geologic features such as sand bars. 
''§ 674. Small boat station closures 
"(a) CLOSURES.—The Secretary of Transportation may not close 
a Coast Guard multimission small boat station or subunit unless 
the Secretary— 
"(1) determines that— 
"(A) remaining search and rescue capabilities maintain 
the safety of the maritime public in the area of the station 
or subunit; 
"(B) regional or local prevailing weather and marine 
conditions, including water temperature or unusual tide 
and current conditions, do not require continued operation 
of the station or subunit; and 
"(C) Coast Guard search and rescue standards related 
to search and rescue response times are met; and 
"(2) provides an opportiuiity for public comment and for 
public meetings in the area of the station or subunit with 
regard to the decision to close the station or subunit. 
"(b) OPERATIONAL FLEXIBILITY.—The Secretary may implement 
any management efficiencies within the small boat station system, 
such as modifying the operational posture of units or reallocating 
resources as necessary to ensure the safety of the maritime public 
natiouAvide. No stations or subunits may be closed under this sub-
section except in accordance with subsection (a).". 
(b) CLERICAL AMENDMENT.—The analysis at the beginning of 
chapter 17 of title 14, United States Code, is amended by adding 
at the end the following new items: 
"673. Small boat station rescue capability. 
"674. Small boat station closures.". 
SEC. 310. PENALTY FOR ALTERATION OF MARINE SAFETY EQUIPMENT. 
Section 3318(b) of title 46, United States Code, is amended— 
(1) by inserting "(1)" before "A person"; and 
(2) by adding at the end thereof the following: 
"(2) A person commits a class D felony if the person— 
"(A) alters or services lifesaving, fire safety, or any other 
equipment subject to this part for compensation; and 
"(B) by that alteration or servicing, intentionally renders 
that equipment unsafe and unfit for the purpose for which 
it is intended.". 
29-194 0 - 9 6 - 4 : QL 3 Part 6 
110 STAT. 3920 
PUBLIC LAW 104-324—OCT. 19, 1996 
SEC. 311. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE 
OF COAST GUARD VESSELS IN FOREIGN SHIPYARDS. 
(a) PROHIBITION.—Chapter 5 of title 14, United States Code, 
is amended by adding at the end the following: 
'^§96. Prohibition on overhaul, repair, and maintenance of 
Coast Guard vessels in foreign shipyards 
"A Coast Guard vessel the home port of which is in a State 
of the United States may not be overhauled, repaired, or maintained 
in a shipyard outside the United States, other than in the case 
of voyage repairs.". 
(b) CLERICAL AMENDMENT.—The chapter analysis for chapter 
5 of title 14, United States Code, is amended by adding at the 
end the following: 
"96. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in for-
eign shipyards.". 
SEC. 312. WITHHOLDING VESSEL CLEARANCE FOR VIOLATION OF 
CERTAIN ACTS. 
(a) TITLE 49, UNITED STATES CODE.—Section 5122 of title 49, 
United States Code, is amended by adding at the end the following 
new subsection: 
"(c) WITHHOLDING OF CLEARANCE.—(1) If any owner, operator, 
or individual in charge of a vessel is liable for a civil penalty 
under section 5123 of this title or for a fine under section 5124 
of this title, or if reasonable cause exists to believe that such 
owner, operator, or individual in charge may be subject to such 
a civil penalty or fine, the Secretary of the Treasury, upon the 
request of the Secretary, shall with respect to such vessel refuse 
or revoke any clearance required by section 4197 of the Revised 
Statutes of the United States (46 App. U.S.C. 91). 
"(2) Clearance refused or revoked under this subsection may 
be granted upon the filing of a bond or other surety satisfactory 
to the Secretary.". 
(b) PORT AND WATERWAYS SAFETY ACT.—Section 13(f) of the 
Ports and Waterways Safety Act (33 U.S.C. 1232(f)) is amended 
to read as follows: 
"(f) WITHHOLDING OF CLEARANCE.—(1) If any owner, operator, 
or individual in charge of a vessel is liable for a penalty or fine 
under this section, or if reasonable cause exists to believe that 
the owner, operator, or individual in charge may be subject to 
a penalty or fine under this section, the Secretary of the Treasury, 
upon the request of the Secretary, shall with respect to such vessel 
refiise or revoke any clearance required by section 4197 of the 
Revised Statutes of the United States (46 App. U.S.C. 91). 
"(2) Clearance refused or revoked under this subsection may 
be granted upon filing of a bond or other surety satisfactory to 
the Secretary.". 
(c) INLAND NAVIGATION RULES ACT OF 1980.—Section 4(d) of 
the Inland Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) 
is amended to read as follows: 
"(d) WITHHOLDING OF CLEARANCE.—(1) If any owner, operator, 
or individual in charge of a vessel is liable for a penalty under 
this section, or if reasonable cause exists to believe that the owner, 
operator, or individual in charge may be subject to a penalty under 
this section, the Secretary of the Treasury, upon the request of 
the Secretary, shall with respect to such vessel refuse or revoke 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3921 
any clearance required by section 4197 of the Revised Statutes 
of the United States (46 App. U.S.C. 91). 
"(2) Clearance or a permit refused or revoked under this sub-
section may be granted upon filing of a bond or other surety 
satisfactory to the Secretary.". 
(d) TITLE 46, UNITED STATES CODE.—Section 3718(e) of title 
46, United States Code, is amended to read as follows: 
"(e)(1) If any owner, operator, or individual in charge of a 
vessel is liable for £iny penalty or fine under this section, or if 
reasonable cause exists to believe that the owner, operator, or 
individual in charge may be subject to any penalty or fine under 
this section, the Secretary of the Treasury, upon the request of 
the Secretary, shall with respect to such vessel refuse or revoke 
any clearance required by section 4197 of the Revised Statutes 
of the United States (46 App. U.S.C. 91). 
"(2) Clearance or a permit refused or revoked under this sub-
section may be granted upon filing of a bond or other surety 
satisfactory to the Secretary.". 
SEC. 313. INFORMATION BARRED IN LEGAL PROCEEDINGS. 
(a) IN GENERAL.—Chapter 63 of title 46, United States Code, 
is amended by inserting after section 6307 the following: 
*
*
§ 6308. Information barred in legal proceedings 
"(a) Notwithstanding any other provision of law, no part of 
a report of a marine casualty investigation conducted under section 
6301 of this title, including findings of fact, opinions, recommenda-
tions, deliberations, or conclusions, shall be admissible as evidence 
or subject to discovery in any civil or administrative proceedings, 
other than an administrative proceeding initiated by the United 
States. Any employee of the Department of Transportation, and 
any member of the Coast Guard, investigating a marine casualty 
pursuant to section 6301 of this title, shall not be subject to deposi-
tion or other discovery, or otherwise testify in such proceedings 
relevant to a marine casualty investigation, without the permission 
of the Secretary of Transportation. The Secretary shall not withhold 
permission for such employee or member to testify, either orally 
or upon written questions, on solely factual matters at a time 
and place and in a manner acceptable to the Secretary if the 
information is not available elsewhere or is not obtainable by other 
means. 
"(b) Nothing in this section prohibits the United States fi*om 
calling the employee or member as an expert witness to testify 
on its behalf. Further, nothing in this section prohibits the employee 
or member from being called as a fact witness in any case in 
which the United States is a party. If the employee or member 
is called as an expert or fact witness, the applicable Federal Rules 
of Civil Procedure govern discovery. If the employee or member 
is called as a witness, the report of a marine casualty investigation 
conducted under section 6301 of this title shall not be admissible, 
as provided in subsection (a), and shall not be considered the 
report of an expert under the Federal Rules of Civil Procedure. 
"(c) The information referred to in subsections (a) and (b) of 
this section shall not be considered an admission of liability by 
the United States or by any person referred to in those conclusions 
and statements.". 
110 STAT. 3922 
PUBLIC LAW 104-324—OCT. 19, 1996 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 63 of title 46, United States Code, is amended 
by adding after the item relating to section 6307 the following 
new item: 
"6308. Information barred in legal proceedings.". 
SEC. 314. MARINE CASUALTY REPORTING. 
46 use 6102 
(a) SUBMISSION OF PLAN.—Not later than one year after enact-
"ote. 
ment of this Act, the Secretary of Transportation shall, in consulta-
tion with appropriate State agencies, submit to the Committee 
on Resources of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a plan 
to increase reporting of vessel accidents to appropriate State law 
enforcement officials. 
(b) PENALTIES FOR VIOLATING REPORTING REQUIREMENTS.—Sec-
tion 6103(a) of title 46, United States Code, is amended by inserting 
"or 6102" after "6101" the second place it appears. 
TITLE IV—COAST GUARD AUXILIARY 
SEC. 401. ADMINISTRATION OF THE COAST GUARD AUXILIARY. 
(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 orgeinization 
administered by the Commandant under the direction of the Sec-
retary. For command, control, and administrative purposes, the 
Auxiliary shall include such organizational 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 organization and 
its officers shall have such rights, privileges, powers, and duties 
as may be granted to them by the Commandant, consistent with 
this title and other applicable 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 extent 
the Commandant considers necessary or appropriate for the func-
tioning, organization, and internal administration of the Auxiliary. 
"(b) Each organizational element or unit of the Coast Guard 
Auxiliary organization (but excluding any corporation formed by 
an organizational element or unit of the Auxiliary under subsection 
(c) of this section), shall, except when acting outside the scope 
of section 822, at all times be deemed to be an instrumentality 
of the United States, for purposes of the following: 
"(1) Chapter 26 of title 28 (popularly known as the Federal 
Tort Claims Act). 
"(2) Section 2733 of title 10 (popularly known as the Mili-
tary 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). 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3923 
"(6) Other matters related to noncontractual civil liability. 
"(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 begin-
ning 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. 402. PURPOSE OF THE COAST GUABD 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 begin-
ning 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 AuxiUary.". 
SEC. 403. MEMBERS OF THE AUXILIARY; STATUS. 
(a) IN GENERAL.—Title 14, United States Code, is amended 
by inserting after section 823 the following new section: 
"§ 823a. Members of the Auxiliary; status 
"(a) Except as otherwise provided in this chapter, a member 
of the Coast Guard Auxiliary shall not be considered to be a Federal 
employee and shall not be subject to the provisions of law relating 
to Federal employment, including those relating to hours of work, 
rates of compensation, leave, unemplojmient compensation. Federal 
employee benefits, ethics, conflicts of interest, and other similar 
criminal or civil statutes and regulations governing the conduct 
of Federal employees. However, nothing in this subsection shall 
constrain the Commandant from prescribing standards for the con-
duct and behavior of members of the Auxiliary. 
"(b) A member of the Auxiliary while assigned to duty shall 
be deemed to be a Federal employee only for the purposes of 
the following: 
"(1) Chapter 26 of title 28 (popularly known as the Federal 
Tort Claims Act). 
"(2) Section 2733 of title 10 (popularly known as the MiU-
tary 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). 
"(6) Other matters related to noncontractual civil liability. 
"(7) Compensation for work injuries under chapter 81 of 
title 5. 
110 STAT. 3924 
PUBLIC LAW 104-324—OCT. 19, 1996 
"(8) The resolution of claims relating to damage to or 
loss of personal property of the member incident to service 
under the Military Personnel and Civiligm Employees' Claims 
Act of 1964 (31 U.S.C. 3721). 
"(c) A member of the Auxiliary, while assigned to duty, shall 
be deemed to be a person acting under an officer 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 for chapter 
23 of title 14, United States Code, is amended by inserting the 
following new item after the item relating to section 823: 
"823a. Members of the Auxiliary; status.". 
SEC. 404. 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 striking "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. 
SEC. 405. COOPERATION WITH OTHER AGENCIES, STATES, TERRI-
TORIES, AND POLITICAL SUBDIVISIONS. 
(a) IN GENERAL.—Section 141 of title 14, United States Code, 
is amended— 
(1) by striking the section heading and inserting the follow-
ing: 
*
*
§ 141. Cooperation with other agencies, States, territories, 
and political subdivisions"; 
(2) in the first sentence of subsection (a), by inserting 
after "personnel and facilities" the following: "(including mem-
bers of the Auxiliary and facilities governed under chapter 
23)"; and 
(3) by adding at the end of subsection (a) the following 
new sentence: "The Commandant may prescribe conditions, 
including reimbursement, under which personnel and facilities 
may be provided under this subsection.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 7 of title 14, United States Code, is amended 
by striking the item relating to section 141 and inserting the 
following: 
"141. Cooperation with other agencies, States, territories, and pohtical subdivi-
sions.". 
SEC. 406. VESSEL DEEMED PUBLIC VESSEL. 
Section 827 of title 14, United States Code, is amended to 
read as follows: 
*
*
§ 827. Vessel deemed public vessel 
"While assigned to authorized Coast Guard duty, any motorboat 
or yacht shall be deemed to be a public vessel of the United 
States and a vessel of the Coast Guard within the meaning of 
sections 646 and 647 of this title and other applicable provisions 
of law.". 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3925 
SEC. 407. AIRCRAFT DEEMED PUBLIC AIRCRAFT. 
Section 828 of title 14, United States Code, is amended to 
read as follows: 
"§ 828. Aircraft deemed public aircraft 
"While assigned to authorized Coast Guard duty, any aircraft 
shall be deemed to be a Coast Guard aircraft, a public vessel 
of the United States, and a vessel of the Coast Guard within 
the meaning of sections 646 and 647 of this title and other 
applicable provisions of law. Subject to the provisions of sections 
823a and 831 of this title, while assigned to duty, qualified Auxiliary 
pilots shall be deemed to be Coast Guard pilots.". 
SEC. 408. DISPOSAL OF CERTAIN MATERIAL. 
Section 641(a) of title 14, United States Code, is amended— 
(1) by inserting after "with or without charge," the follow-
ing: "to the Coast Guard Auxiliary, including any incorporated 
unit thereof,"; and 
(2) by striking "to any incorporated unit of the Coast Guard 
Auxiliary,". 
TITLE V—DEEPWATER PORT 
MODERNIZATION 
Deepwater Port 
Modernization 
Act. 
SEC. 501. SHORT TITLE. 
33 USC 1501 
This title may be cited as the "Deepwater Port Modernization 
Act". 
SEC. 502. DECLARATIONS OF PURPOSE AND POLICY. 
33 USC 1501 
(a) PURPOSES.—The purposes of this title are to— 
(1) update and improve the Deepwater Port Act of 1974; 
(2) assure that the regulation of deepwater ports is not 
more burdensome or stringent than necessary in comparison 
to the regulation of other modes of importing or transporting 
oil; 
(3) recognize that deepwater ports are generally subject 
to effective competition from alternative transportation modes 
and eliminate, for as long as a port remains subject to effective 
competition, unnecessary Federal regulatory oversight or 
involvement in the ports' business and economic decisions; and 
(4) promote innovation, flexibility, and efficiency in the 
management and operation of deepwater ports by removing 
or reducing any duplicative, unnecessary, or overly burdensome 
Federal regulations or license provisions. 
(b) POLICY.—Section 2(a) of the Deepwater Port Act of 1974 
(33 U.S.C. 1501(a)) is amended— 
(1) by striking "and" at the end of paragraph (3); 
(2) by striking the period at the end of paragraph (4) 
and inserting a semicolon; and 
(3) by inserting at the end the following: 
"(5) promote the construction and operation of deepwater 
ports as a safe and effective means of importing oil into the 
United States smd transporting oil from the outer continental 
shelf while minimizing tanker traffic and the risks attendant 
thereto; and 
110 STAT. 3926 
PUBLIC LAW 104-324—OCT. 19, 1996 
"(6) promote oil production on the outer continental shelf 
by affording an economic and safe means of transportation 
of outer continental shelf oil to the United States mainland.". 
SEC. 503. DEFINITIONS. 
(a) ANTITRUST LAWS.—Section 3 of the Deepwater Port Act 
of 1974 (33 U.S.C. 1502) is amended— 
(1) by striking paragraph (3); and 
(2) by redesignating paragraphs (4) through (19) as para-
graphs (3) through (18), respectively. 
(b) DEEPWATER PORT.—The first sentence of section 3(9) of 
such Act, as redesignated by subsection (a), is amended by striking 
"such structures," and all that follows through "section 23." and 
inserting the following: "structures, located beyond the territorial 
sea and off the coast of the United States and which are used 
or intended for use as a port or terminal for the transportation, 
storage, and further handling of oil for transportation to any State, 
except as otherwise provided in section 23, and for other uses 
not inconsistent with the purposes of this title, including transpor-
tation of oil from the United States outer continental shelf.". 
SEC. 504. LICENSES. 
(a) ELIMINATION OF UTILIZATION RESTRICTIONS.—Section 4(a) 
of the Deepwater Port Act of 1974 (33 U.S.C. 1503(a)) is amended 
by striking all that follows the second sentence. 
(b) ELIMINATION OF PRECONDITION TO LICENSING.—Section 4(c) 
of such Act is amended— 
(1) by striking paragraph (7); and 
(2) by redesignating paragraphs (8), (9), and (10) as para-
graphs (7), (8), and (9), respectively. 
(c) CONDITIONS PRESCRIBED BY SECRETARY.—Section 4(e)(1) of 
such Act is amended by striking the first sentence and inserting 
the following: "In issuing a license for the ownership, construction, 
and operation of a deepwater port, the Secretary shall prescribe 
those conditions which the Secretary deems necessary to carry 
out the provisions and requirements of this title or which are 
otherwise required by any Federal department or agency pursuant 
to the terms of this title. To the extent practicable, conditions 
required to carry out the provisions and requirements of this title 
shall be addressed in license conditions rather than by regulation 
and, to the extent practicable, the license shall allow a deepwater 
port's operating procedures to be stated in an operations manual, 
approved by the Coast Guard, in accordance with section 10(a) 
of this title, rather than in detailed and specific license conditions 
or regulations; except that basic standards and conditions shall 
be addressed in regulations.". 
(d) 
ELIMINATION OF RESTRICTION ON TRANSFERS.—Section 
4(e)(2) of such Act is amended by striking "application" and insert-
ing "license". 
(e) FINDINGS REQUIRED FOR TRANSFERS.—Section 4(f) of such 
Act is amended to read as follows: 
"(f) AMENDMENTS, TRANSFERS, AND REINSTATEMENTS.—The Sec-
retary may amend, transfer, or reinstate a license issued under 
this title if the Secretary finds that the amendment, transfer, or 
reinstatement is consistent with the requirements of this Act.". 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3927 
SEC. 505. INFORMATIONAL FILINGS. 
Section 5(c) of the Deepwater Port Act of 1974 (33 U.S.C. 
1504(c)) is amended by adding the following: 
"(3) Upon written request of any person subject to this sub-
section, the Secretary may make a determination in writing to 
exempt such person from any of the informational filing provisions 
enumerated in this subsection or the regulations implementing 
this section if the Secretary determines that such information is 
not necessary to facilitate the Secretary's determinations under 
section 4 of this Act and that such exemption will not limit public 
review and evaluation of the deepwater port project.". 
SEC. 506. ANTITRUST REVIEW. 
Section 7 of the Deepwater Port Act of 1974 (33 U.S.C. 1506) 
is repealed. 
SEC. 507. OPERATION. 
(a) As COMMON CARRIER.—Section 8(a) of the Deepwater Port 
Act of 1974 (33 U.S.C. 1507(a)) is amended by inserting after 
"subtitle IV of title 49, United States Code," the following: "and 
shall accept, transport, or convey without discrimination all oil 
delivered to the deepwater port with respect to which its license 
is issued,". 
(b) CONFORMING AMENDMENT.—Section 8(b) of such Act is 
amended by striking the first sentence and the first 3 words of 
the second sentence and inserting the following: "A licensee is 
not discriminating under this section and". 
SEC. 508. MARINE 
ENVIRONMENTAL 
PROTECTION 
AND 
NAVIGA-
TIONAL SAFETY. 
Section 10(a) of the Deepwater Port Act of 1974 (33 U.S.C. 
1509(a)) is amended— 
(1) by inserting after "international law" the following: 
"and the provision of adequate opportunities for public involve-
ment"; and 
(2) by striking "shall prescribe by regulation and enforce 
procedures with respect to any deepwater port, including, but 
not limited to," and inserting the following: "shall prescribe 
and enforce procedures, either by regulation (for basic standards 
and conditions) or by the licensee's operations manual, with 
respect to". 
Coast Guard 
TITLE VI—COAST GUARD REGULATORY 
REFORM 
ami's o
f 
1996. 
SEC. 601. SHORT TITLE. 
46USC2101 
This title may be cited as the "Coast Guard Regulatory Reform 
Act of 1996". 
SEC. 602. 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. 
110 STAT. 3928 
PUBLIC LAW 104-324—OCT. 19, 1996 
"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) assimied the responsibility for operation of a 
vessel to which this chapter applies from the owner; 
and 
"(ii) agreed to assume with respect to the vessel 
responsibility for complying with all the requirements 
of this chapter and the regulations prescribed under 
this chapter. 
"(3) 'vessel engaged on a foreign voyage' means a vessel 
to which this chapter applies— 
"(A) arriving at a place under the jurisdiction of the 
United States from a place in a foreign country; 
"(B) making a voyage between places outside the 
United States; or 
"(C) departing from a place imder the jurisdiction of 
the United States for a place in a foreign country. 
''§ 3202. Application 
"(a) MANDATORY APPLICATION.—This chapter applies to the fol-
lowing 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 self-
propelled mobile offshore drilling unit of at least 500 gross 
tons. 
"(b) VOLUNTARY APPLICATION.—This chapter applies 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 commercial 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 
Regulations. 
"(a) IN GENERAL.—The Secretary shall prescribe regulations 
which establish a safety management system for responsible persons 
and vessels to which this chapter applies, including— 
"(1) a safety and environmental protection policy; 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3929 
"(2) instructions and procedures to ensure safe operation 
of those vessels and protection of the environment in compUance 
with international £ind United States law; 
"(3) defined levels of authority and lines of communications 
between, and among, personnel on shore and on the vessel; 
"(4) procedures for reporting accidents and nonconformities 
with this chapter; 
"(5) procedures for preparing for and responding to emer-
gency situations; and 
"(6) procedures for internal audits and 
management 
reviews of the system. 
"(b) COMPLIANCE WITH CODE.—Regulations prescribed imder 
this section shall be consistent with the International Safety 
Management Code with respect to vessels engaged on a foreign 
voyage. 
"§ 3204. Implementation of safety management system 
"(a) SAFETY MANAGEMENT PLAN.—Each responsible person shall 
establish and submit to the Secretary for approval a safety manage-
ment plan describing how that person and vessels of the person 
to which this chapter applies will comply with the regulations 
prescribed under section 3203(a) of this title. 
"(b) APPROVAL.—Upon receipt of a safety management plan 
submitted under subsection (a), the Secretary shall review the 
plan and approve it if the Secretary determines that it is consistent 
with and will assist in implementing the safety management system 
established under section 3203. 
"(c) PROHIBITION ON VESSEL OPERATION.—A vessel 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 person, a Safety Management Certificate 
and a Document of Compliance. 
"(b) MAINTENANCE OF CERTIFICATE AND DOCUMENT.—A Safety 
Management Certificate and a Document of Compliance issued 
for a vessel under this section shall be maintained by the respon-
sible person for the vessel as required by the Secretary. 
"(c) VERIFICATION OF COMPLIANCE.—The Secretary shall— 
"(1) periodically review whether a responsible person hav-
ing a safety management plan approved under section 3204(b) 
and each vessel to which the plan applies is compljdng with 
the plan; and 
"(2) revoke the Secretar/s approval of the plan and each 
Safety Management Certificate and Document of Compliemce 
issued to the person for a vessel to which the plan applies, 
if the Secretary determines that the person or a vessel to 
which the plan applies has not complied with the plan. 
"(d) ENFORCEMENT.—At the request of the Secretary, the Sec-
retary of the Treasury shall withhold or revoke the clearance 
required by section 4197 of the Revised Statutes (46 U.S.C. App. 
110 STAT. 3930 
PUBLIC LAW 104-324—OCT. 19, 1996 
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 begin-
ning 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". 
46 use 3201 
(c) STUDY.— 
note. 
(1) IN GENERAL.—The Secretary of the department in which 
the Coast Guard is operating shall conduct, in cooperation 
with the owners, charterers, and managing operators of vessels 
documented 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 required under paragraph 
(1) before the earlier of— 
(A) the date that final regulations are prescribed 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. 603. USE OF REPORTS, DOCUMENTS, RECORDS, AND EXAMINA-
TIONS OF OTHER PERSONS. 
(a) REPORTS, DOCUMENTS, AND RECORDS.—Chapter 31 of title 
46, LFnited States Code, is amended by adding the following new 
section: 
"§3103. Use of reports, documents, and records 
"The Secretary may rely, as evidence of compliance with this 
subtitle, on— 
"(1) reports, documents, and records of other persons who 
have been determined by the Secretary to be reliable; £ind 
"(2) other methods the Secretary has determined 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. 604. EQUIPMENT APPROVAL. 
(a) IN GENERAL.—Section 3306(b) of title 46, United States 
Code, is amended to read as follows: 
"(b)(1) Equipment and material subject to regulation under 
this section may not be used on any vessel without prior approval 
of the Secretary. 
"(2) Except with respect to use on a public vessel, the Secretary 
may treat an approval of equipment or materials by a foreign 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3931 
government as approval by the Secretary for purposes of paragraph 
(1) if the Secretary determines that— 
"(A) the design standards and testing procedures used by 
that government meet the requirements 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 government— 
"(i) has given equivalent treatment to approvals of 
lifesaving equipment by the Secretary; and 
"(ii) otherwise ensures that lifesaving 
equipment 
approved by the Secretary may be used on vessels that 
are documented and subject to inspection under the laws 
of that country.". 
(b) FOREIGN APPROVALS.—The Secretary of Transportation, in 46 use 3306 
consultation with other interested Federal agencies, shall work note, 
with foreign governments to have those governments approve the 
use of the same equipment and materials on vessels documented 
under the laws of those countries that the Secretary requires on 
United States documented vessels. 
(c) TECHNICAL AMENDMENT.—Section 3306(a)(4) of title 46, 
United States Code, is amended by striking "clauses (l)-(3)" and 
inserting "paragraphs (1), (2), and (3)". 
SEC. 605. FREQUENCY OF INSPECTION. 
(a) FREQUENCY OF INSPECTION, GENERALLY.—Section 3307 of 
title 46, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking "and nautical school vessel" and insert-
ing ", nautical school vessel, and small passenger vessel 
allowed to ceirry 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 insert-
ing "5 years". 
SEC. 606. CERTIFICATE OF INSPECTION. 
Section 3309(c) of title 46, United States Code, is amended 
by striking "(but not more than 60 days)". 
SEC. 607. DELEGATION OF AUTHORITY OF SECRETARY TO CLASSI-
FICATION SOCIETIES. 
(a) AUTHORITY TO DELEGATE.—Section 3316 of title 46, United 
States Code, is amended— 
(1) by striking subsections (a) and (d); 
(2) by redesignating subsections (b) and (c) as subsections 
(a) and (b), respectively; 
(3) by striking "Bureau" in subsection (a), as redesignated, 
and inserting "American Bureau of Shipping"; and 
(4) in subsection (b), as so redesignated, by— 
(A) redesignating paragraph (2) as paragraph (3); and 
110 STAT. 3932 
PUBLIC LAW 104-324—OCT. 19, 1996 
(B) striking so much of the subsection as precedes 
paragraph (3), as so redesignated, and inserting the follow-
ing: 
"(b)(1) The Secretary may delegate to the American Bureau 
of Shipping or another classification society recognized by the Sec-
retary as meeting acceptable standards for such a society, for a 
vessel documented or to be documented under chapter 121 of this 
title, the authority to— 
"(A) review and approve plans required for issuing a certifi-
cate of inspection required by this part; 
"(B) conduct inspections and examinations; and 
"(C) issue a certificate of inspection required by this part 
and other related documents. 
"(2) The Secretary may make a delegation under paragraph 
(1) to a foreign classification society only— 
"(A) to the extent that the government of the foreign coun-
try in which the society is headquartered delegates authority 
and provides access to the American Bureau of Shipping to 
inspect, certify, and provide related services to vessels docu-
mented in that country; and 
"(B) if the foreign classification society has offices 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 following: 
"3316. Classification societies.". 
TITLE VH—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)) tc 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 sounding 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 signal 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 inserting "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: 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3933 
"(f) Provided that any number of vessels being towed alongside 
or pushed in a group shall be lighted as one vessel, except as 
provided in paragraph (iii)— 
"(i) a vessel being pushed ahead, not being part of a compos-
ite unit, shall exhibit at the forward end, sidelights and a 
special flashing light; 
"(ii) a vessel being towed alongside shall exhibit a stemlight 
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 stem light shall be exhibited on the 
stem of the outboard vessel on each side of the towing vessel, 
£ind a single set of 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 basket;"; 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 exchanged 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 section heading as 
subsection (a) and by adding at the end the following new sub-
section: 
"(b) If a statute allows for an alternate tonnage to be prescribed 
under this section, the Secretary may prescribe it by regulation. 
Any such regulation shall be considered to be an interpretive regula-
tion for purposes of section 553 of title 5. Until an alternate tonnage 
is prescribed, the statutorily established tonnage shall apply to 
vessels measured under chapter 143 or chapter 145 of this title. 
"(c) The head of each Federal agency shall ensure that regula-
tions issued by the agency that specify particular tonnages comply 
with the alternate tonnages implemented by the Secretary.". 
SEC. 703. LONGSHORE AND HARBOR WORKERS COMPENSATION. 
Section 3(d)(3)(B) of the Longshore and Harbor Workers' Com-
pensation Act (33 U.S.C. 903(d)(3)(B)) is amended by inserting 
after "1,600 tons gross" 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 imder section 14104 of that title". 
SEC. 704. RADIOTELEPHONE REQUmEMENTS. 
Section 4(a)(2) of the Vessel Bridge-to-Bridge Radiotelephone 
Act (33 U.S.C. 1203(a)(2)) is amended by inserting after "one hun-
110 STAT. 3934 
PUBLIC LAW 104-324—OCT. 19, 1996 
dred 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. 705. VESSEL OPERATmG 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 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. 706. MERCHANT MARINE ACT, 1920. 
Section 27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 
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 alternate 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 App. U.S.C. 883a), 
is amended by inserting after "five hundred gross tons" the follow-
ing: "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. 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 inserting 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 section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; 
(2) in paragraph (13a), by inserting after "3,500 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; 
(3) in paragraph (19), by inserting after "500 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; 
(4) in paragraph (22), by inserting after "100 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3935 
title as prescribed by the Secretary under section 14104 of 
this title'*; 
(5) in paragraph (30)(A), by inserting after "500 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; 
(6) in paragraph (32), by inserting after "100 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title'*; 
(7) in paragraph (33), by inserting after "300 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; 
(8) in paragraph (35), by inserting after "100 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title'; and 
(9) in paragraph (42), by inserting after "100 gross tons" 
each place it appears, the following: "as measured under section 
14502 of this title, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary under 
section 14104 of this 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 this title, or an alternate tonnage meas-
ured under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this 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 this title, or £in alternate tonnage meas-
ured under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this 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 this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; 
(2) in subsection (c)(2), by inserting after "500 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; 
(3) in subsection (c)(4)(A), by inserting after "500 gross 
tons" the following: "as measured under section 14502 of this 
title, or an alternate tonnage measured under section 14302 
of this title as prescribed by the Secretary under section 14104 
of this title"; 
110 STAT. 3936 
PUBLIC LAW 104~324~OCT. 19, 1996 
(4) in subsection (d)(1), by inserting after "150 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; 
(5) in subsection (i)(l)(A), by inserting after "300 gross 
tons" the following: "as measured imder section 14502 of this 
title, or an alternate tonnage measured under section 14302 
of this title as prescribed by the Secretary under section 14104 
of this title"; and 
(6) in subsection (j), by inserting after "15 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this 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 this title, or an alternate tonnage meas-
ured under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title"; and 
(2) in subsection (i), by inserting after "at least 100 gross 
tons but less than 500 gross tons" the following: "as measured 
under section 14502 of this title, or an alternate tonnage meas-
ured under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title". 
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 section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title ; and 
(2) in subsection (j)(l), by inserting after "1,600 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this 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 section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; 
(2) in subsection (c), by inserting after "500 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title ; and 
(3) in subsection (d), by inserting after "5,000 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3937 
title as prescribed by the Secretary under section 14104 of 
this 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 this 
title, or an alternate tonnage measured under section 14302 
of this title as prescribed by the Secretary under section 14104 
of this title"; 
(2) in subsection (c)(2), by inserting after "5,000 gross tons" 
each place it appears the following: "as measured under section 
14502 of this title, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary under 
section 14104 of this title"; 
(3) in subsection (c)(3)(A), by inserting after "15,000 gross 
tons" the following: "as measured under section 14502 of this 
title, or an alternate tonnage measured under section 14302 
of this title as prescribed by the Secretary under section 14104 
of this title"; 
(4) in subsection (c)(3)(B), by inserting after "30,000 gross 
tons" the following: "as measured under section 14502 of this 
title, or £
m
i alternate tonnage measured under section 14302 
of this title as prescribed by the Secretary under section 14104 
of this title"; and 
(5) in subsection (c)(3)(C), by inserting after "30,000 gross 
tons" the following: "as measured under section 14502 of this 
title, or an alternate tonnage measured under section 14302 
of this title as prescribed by the Secretary under section 14104 
of this 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 section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; and 
(2) in subsection (b), by inserting after "10,000 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this 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 following: "as measured 
under section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary 
under section 14104 of this 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 this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary 
under section 14104 of this title". 
110 STAT. 3938 
PUBLIC LAW 104-324—OCT. 19, 1996 
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 section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title'*; 
(2) in paragraph (5), by inserting after "500 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; and 
(3) in paragraph (10), by inserting after "150 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this 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 following: "as measured 
under section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary 
under section 14104 of this 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 this title, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary under 
section 14104 of this 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 this title, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary under 
section 14104 of this 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 section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title'*; 
(2) in subsection (c)(1), by inserting after "500 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured imder section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; 
(3) in subsection (d), by inserting after "500 gross tons" 
the following: "as measured under section 14502 of this title, 
or an gdtemate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; 
(4) in subsection (f)(1), by inserting after "5,000 gross tons" 
the following: "as measured under section 14502 of this title, 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3939 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; and 
(5) in subsection (f)(2), by inserting after "5,000 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title". 
SEC. 
724. GENERAL 
REQUIREMENTS—ENGINE 
DEPARTMENT. 
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 this title, or £
m
i alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary 
under section 14104 of this 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 this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary 
under section 14104 of this 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 this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary 
under section 14104 of this title". 
SEC. 727. CITIZENSHIP AND NAVAL RESERVE REQUIREMENTS. 
Section 8103(b)(3)(A) of title 46, United States Code, is amended 
by inserting after "1,600 gross tons" the following: "as measured 
under section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary 
under section 14104 of this 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 section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; 
(2) in subsection (d), by inserting after "100 gross tons" 
and after "5,000 gross tons" the following: "as measured under 
section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary 
under section 14104 of this title"; 
(3) in subsection (1)(1), by inserting after "1,600 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; 
(4) in subsection (m)(l), by inserting after "1,600 gross 
tons" the following: "as measured under section 14502 of this 
title, or an alternate tonnage measured under section 14302 
110 STAT. 3940 
PUBLIC LAW 104-324—OCT. 19, 1996 
of this title as prescribed by the Secretary under section 14104 
of this title"; 
(5) in subsection (o)(l), by inserting after "500 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; and 
(6) in subsection (o)(2), by inserting after "500 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title'*. 
SEC. 729. MINIMUM NUMBER OF LICENSED INDIVroUALS. 
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 imder section 14502 of this 
title, or an alternate tonnage measured under section 14302 
of this title as prescribed by the Secretary under section 14104 
of this 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 this title, or an alternate 
tonnage measured under section 14302 of this title as prescribed 
by the Secretary under section 14104 of this 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 this title, or an alternate 
tonnage measured under section 14302 of this title as prescribed 
by the Secretary under section 14104 of this title"; 
(4) in subsection (a)(5), by inserting after "300 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title ; and 
(5) in subsection (b), by inserting after "200 gross tons" 
the following: "as measured under section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title". 
SEC. 730. OFFICERS'COMPETENCY CERTIFICATES CONVENTION. 
Section 8304(b)(4) of title 46, United States Code, is amended 
by inserting after "200 gross tons" the following: "as measured 
under section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary 
under section 14104 of this 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 section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of 
this title"; and 
(2) in subsection (a)(6), by inserting after "1,600 gross 
tons" the following: "as measured xmder section 14502 of this 
title, or an alternate tonnage measured under section 14302 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3941 
of this title as prescribed by the Secretary under section 14104 
of this 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 section 14502 of this title, 
or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary imder section 14104 of 
this title"; and 
(2) in subsection (a)(6), by inserting after "1,600 gross 
tons" the following: "as measured under section 14502 of this 
title, or an alternate tonnage measured under section 14302 
of this title as prescribed by the Secretary under section 14104 
of this 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 this title, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary under 
section 14104 of this title". 
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 this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary 
under section 14104 of this 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 following: "as measured 
under section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary 
under section 14104 of this 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 following: "as measured 
under section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary 
under section 14104 of this 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 following: "as measured under 
section 14502 of this title, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary under 
section 14104 of this 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 this title, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary under 
section 14104 of this title". 
110 STAT. 3942 
PUBLIC LAW 104-324—OCT. 19, 1996 
SEC. 739. FISHING AGREEMENTS. 
Section 10601(a)(1) of title 46, United States Code, is amended 
by inserting after "20 gross tons" the following: "as measured under 
section 14502 of this title, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary under 
section 14104 of this 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 this title, or an alternate tonnage measured 
imder section 14302 of this title as prescribed by the Secretary 
under section 14104 of this title". 
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 this title, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary under 
section 14104 of this 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 following: "as measured 
under section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary 
under section 14104 of this title". 
SEC. 743. COASTWISE ENDORSEMENTS. 
Section 12106(c)(1) of title 46, United States Code, is amended 
by striking "two hundred gross tons" and inserting "200 gross 
tons as measured under section 14502 of this title, or an alternate 
tonnage measured under section 14302 of this title as prescribed 
by the Secretary under section 14104 of this title". 
SEC. 744. FISHERY ENDORSEMENTS. 
Section 12108(c)(1) of title 46, United States Code, is amended 
by striking "two hundred ^oss tons" and inserting "200 gross 
tons as measured imder section 14502 of this title, or an alternate 
tonnage measured under section 14302 of this title as prescribed 
by the Secretary under section 14104 of this title". 
SEC. 745. CONVENTION TONNAGE FOR LICENSES, CERTIFICATES, 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 appljdng 
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.". 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3943 
(b) CLERICAL AMENDMENT.—The analysis to chapter 75 of title 
46, United States Code, is amended by adding a new item as 
follows: 
"7506. Convention tonnage for licenses, certificates, and documents.". 
SEC. 746. TECHNICAL CORRECTIONS. 
(a) Title 46, United States Code, is amended— 
(1) by striking the first section 12123 in chapter 121; 
(2) by striking the first item relating to section 12123 
in the table of sections for such chapter 121; 
(3) by striking "proceeding" in section 13108(a)(1) and 
inserting "preceding"; and 
(4) by striking "Secertary" in section 13108(a)(1) and insert-
ing "Secretary". 
(b) Section 645 of title 14, United States Code, is amended 
by redesignating the second subsection (d) and subsections (e) 
through (h) as subsection (e) and subsections (f) through (i), respec-
tively. 
(c) Effective September 30, 1996, the Act of November 6, 1966 Effective date. 
(Public Law 89-777), is amended— 
(1) in section 2(d) (46 U.S.C. App. 817d(d)) by striking 
"Shipping Act, 1916," and inserting "Shipping Act of 1984"; 
and 
(2) in section 3(d) (46 U.S.C. App. 817e(d)) by striking 
"Shipping Act, 1916," and inserting "Shipping Act of 1984". 
(d) Section 672 of title 14, United States Code, is amended 
by striking the section heading and inserting the following: 
''§ 672. Long-term lease authority for navigation and commu-
nications systems sites". 
SEC. 747. TECHNICAL CORRECTIONS TO REFERENCES TO ICC. 
Section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 
883), is amended— 
(1) in the third proviso— 
(A) by strimng "Interstate Commerce Commission" and 
inserting "Surface Transportation Board"; and 
(B) by striking "said Commission" and inserting "the 
Board"; and 
(2) in the fifth proviso— 
(A) by striking "Interstate Commerce Commission" the 
first place it appears and inserting "Surface Transportation 
Board"; and 
(B) by striking "Interstate Commerce Commission" the 
second place it appears and inserting "Board". 
TITLE VIII—POLLUTION FROM SHIPS 
SEC. 801. 
PREVENTION 
OF 
POLLUTION 
FROM 
SHIPS. 
(a) IN GENERAL.—Section 6 of the Act to Prevent Pollution 
From Ships (33 U.S.C. 1905) is amended— 
(1) by striking "(2) If in subsection (c)(2) and inserting 
"(2)(A) Subject to subparagraph (B), if; and 
(2) by adding at the end of subsection (c)(2) the following: 
"(B) The Secretary may not issue a certificate attesting to 
the adequacy of reception facilities under this paragraph unless, 
prior to the issuance of the certificate, the Secretary conducts an 
110 STAT. 3944 
PUBLIC LAW 104-324—OCT, 19, 1996 
inspection of the reception facilities of the port or terminal that 
is the subject of the certificate. 
"(C) The Secretary may, with respect to certificates issued 
under this paragraph prior to the date of enactment of the Coast 
Guard Authorization Act of 1996, prescribe by regulation differing 
periods of validity for such certificates."; 
(3) by striking subsection (c)(3)(A) and inserting the follow-
ing: 
"(A) is valid for the 5-year period beginning on the date 
of issuance of the certificate, except that if— 
"(i) the charge for operation of the port or terminal 
is transferred to a person or entity other than the person 
or entity that is the operator on the date of issuance 
of the certificate— 
Expiration date. 
"(I) the certificate shall expire on the date that 
is 30 days after the date of the transfer; and 
"(II) the new operator shall be required to submit 
an application for a certificate before a certificate may 
be issued for the port or terminal; or 
"(ii) the certificate is suspended or revoked by the 
Secretary, the certificate shall cease to be valid; and"; and 
(4) by striking subsection (d) and inserting the following: 
"(d)(1) The Secretary shall maintain a list of ports or terminals 
with respect to which a certificate issued under this section— 
"(A) is in effect; or 
"(B) has been revoked or suspended. 
"(2) The Secretary shall make the list referred to in paragraph 
(1) available to the general public". 
(b) RECEPTION FACILITY PLACARDS.—Section 6(f) of the 
Act 
to Prevent Pollution From Ships (33 U.S.C. 1905(f)) is amended— 
(1) by inserting "(1)" before "The Secretary"; and 
(2) by adding at the end the following new paragraph: 
"(2)(A) Not later than 18 months after the date of enactment 
of the Coast Guard Authorization Act of 1996, the Secretary shall 
promulgate regulations that require the operator of each port or 
terminal that is subject to any requirement of the MARPOL Protocol 
relating to reception facilities to post a placard in a location that 
can easily be seen by port and terminal users. The placard shall 
state, at a minimum, that a user of a reception facility of the 
port or terminal should report to the Secretary euiy inadequacy 
of the reception facility.". 
SEC. 802. MARINE PLASTIC POLLUTION RESEARCH AND CONTROL. 
(a) COMPLIANCE REPORTS.—Section 2201(a) of the Marine Plas-
tic Pollution Research and Control Act of 1987 (33 U.S.C. 1902 
note) is amended— 
(1) by striking "for a period of 6 years"; and 
(2) by inserting before the period at the end the following: 
"and, not later than 1 year after the date of enactment of 
the Coast Guard Authorization Act of 1996, and annually there-
after, shall publish in the Federal Register a list of the enforce-
ment actions taken against any domestic or foreign ship (includ-
ing any commercial or recreational ship) pursuant to the Act 
to Prevent Pollution fi-om Ships (33 U.S.C. 1901 et seq.)". 
(b) COORDINATION.—Section 2203 of the Marine Plastic PoUu-
33 use 1914 
tion Research and Control Act of 1987 (101 Stat. 1466) is amended 
note. 
to read as follows: 
Records. 
Public 
information. 
Regulations. 
Federal Register, 
publication. 
Records. 
PUBLIC LAV/ 104-324—OCT. 19, 1996 
110 STAT. 3945 
"SEC. 2203. COORDINATION. 
"(a) ESTABLISHMENT OF MAKINE DEBRIS COORDINATING COMMIT-
TEE.—The Secretary of Commerce shall establish a Marine Debris 
Coordinating Committee. 
"(b) MEMBERSHIP.—The Committee shall include a senior offi-
cial from— 
"(1) the National Oceanic and Atmospheric Administration, 
who shall serve as the Chairperson of the Committee; 
"(2) the Environmental Protection Agency; 
"(3) the United States Coast Guard; 
"(4) the United States Navy; and 
"(5) such other Federal agencies that have an interest 
in ocean issues or water pollution prevention and control as 
the Secretary of Commerce determines appropriate. 
"(c) MEETINGS.—The Committee shall meet at least twice a 
year to provide a forum to ensure the coordination of national 
and international research, monitoring, education, and regulatory 
actions addressing the persistent marine debris problem. 
"(d) MONITORING.—^The Secretary of Commerce, acting through 
the Administrator of the National Oceanic and Atmospheric 
Administration, in cooperation with the Administrator of the 
Environmental Protection Agency, shall utilize the marine debris 
data derived under title V of the Marine Protection, Research, 
and Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.) to assist— 
"(1) the Committee in ensuring coordination of research, 
monitoring, education and regulatory actions; and 
"(2) the United States Coast Guard in assessing the 
effectiveness of this Act and the Act to Prevent Pollution from 
Ships in ensuring compliance under section 2201.". 
(c) PUBLIC OUTREACH PROGRAM.—Section 2204(a) of the Marine 
Plastic Pollution Research and Control Act of 1987 (42 U.S.C. 
6981 note) is amended— 
(1) by striking "for a period of at least 3 years," in para-
graph (1) in the matter preceding subparagraph (A); 
(2) by striking "and" at the end of paragraph (1)(C); 
(3) by striking the period at the end of subparagraph (1)(D) 
and inserting "; and"; 
(4) by adding at the end of paragraph (1) the following: 
"(E) the requirements under this Act and the Act to Prevent 
Pollution from Ships (33 U.S.C. 1901 et seq.) with respect 
to ships and ports, and the authority of citizens to report 
violations of this Act and the Act to Prevent Pollution from 
Ships (33 U.S.C. 1901 et seq.)."; and 
(5) by striking paragraph (2) and inserting the following: 
"(2) AUTHORIZED ACTIVITIES.— 
"(A) PUBLIC OUTREACH PROGRAM.—A public outreach 
program under paragraph (1) may include— 
"(i) developing and implementing a voluntary boat-
ers' pledge program; 
"(ii) workshops with interested groups; 
"(iii) public service Einnouncements; 
"(iv) distribution of leaflets and posters; and 
"(v) any other meeins appropriate to educating the 
public. 
"(B) GRANTS AND COOPERATIVE AGREEMENTS.—^To carry 
out this section, the Secretary of the department in which 
the Coast Guard is operating, the Secretary of Commerce, 
110 STAT. 3946 
PUBLIC LAW 104-324—OCT. 19, 1996 
and the Administrator of the Environmental Protection 
Agency are authorized to award grants, enter into coopera-
tive agreements with appropriate officials of other Federal 
agencies and agencies of States and political subdivisions 
of States and with public and private entities, and provide 
other financial assistance to eligible recipients. 
"(C) CONSULTATION.—In developing outreach initia-
tives for groups that are subject to the requirements of 
this title and the Act to Prevent Pollution from Ships 
(33 U.S.C. 1901 et seq.), the Secretary of the department 
in which the Coast Guard is operating, in consultation 
with the Secretary of Commerce, acting through the 
Administrator of the National Oceanic and Atmospheric 
Administration, and the Administrator of the Environ-
mental Protection Agency, shall consult with— 
"(i) the heads of State agencies responsible for 
implementing State boating laws; and 
"(ii) the heads of other enforcement agencies that 
regulate boaters or commercial fishermen.". 
TITLE IX—TOWING VESSEL SAFETY 
Regulations. 
SEC. 901. REDUCTION OF OIL SPILLS FROM NON-SELF-PROPELLED 
TANK VESSELS. 
(a) IN GENERAL.—Chapter 37 of title 46, United States Code, 
is amended by adding at the end the following new section: 
^§ 3719. Reduction of oil spills from single hull non-self-pro-
pelled tank vessels 
"The Secretary shall, in consultation with the Towing Safety 
Advisory Committee and taking into consideration the characteris-
tics, methods of operation, and the size and nature of service of 
single hull non-self-propelled tank vessels and towing vessels, pre-
scribe regulations requiring a single hull non-self-propelled tank 
vessel that operates in the open oceein or coastal waters, or the 
vessel towing it, to have at least one of the following: 
"(1) A crew member and an operable anchor on board 
the tank vessel that together are capable of arresting the tank 
vessel without additional assistance imder reasonably foresee-
able sea conditions. 
"(2) An emergency system on the tank vessel or towing 
vessel that without additional assistance imder reasonably 
foreseeable sea conditions will allow the tank vessel to be 
retrieved by the towing vessel if the tow line ruptures. 
"(3) Any other measure or combination of measures that 
the Secretary determines will provide protection 
against 
grounding of the tank vessel comparable to that provided by 
the measures described in paragraph (1) or (2).". 
46 use 3719 
(b) DEADLINE.—The Secretary of the department in which the 
note. 
Coast Guard is operating shall issue regulations required imder 
section 3719 of title 46, United States Code, as added by subsection 
(a), by not later than October 1, 1997. 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3947 
(c) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of chapter 37 of title 46, United States Code, is amended 
by adding at the end the following new item: 
"3719. Reduction of oil spills from non-self-propelled tank vessels.". 
SEC. 902. REQUIREMENT FOR FIRE SUPPRESSION DEVICES. 
(a) IN GENERAL.—Section 4102 of title 46, United States Code, 
is amended by adding at the end the following new subsection: 
"(f)(1) The Secretary, in consultation with the Towing Safety 
Advisory Committee and taking into consideration the characteris-
tics, methods of operation, and nature of service of towing vessels, 
may require the installation, maintenance, and use of a fire suppres-
sion system or other measures to provide adequate assurance that 
fires on board towing vessels can be suppressed under reasonably 
foreseeable circumstances. 
"(2) The Secretary shall require under paragraph (1) the use 
of a fire suppression system or other measures to provide adequate 
assurance that a fire on board a towing vessel that is towing 
a non-self-propelled tank vessel can be suppressed under reasonably 
foreseeable circumstances.". 
(b) REGULATIONS.—^The Secretary of the department in which 
46 use 4102 
the Coast Guard is operating shall issue regulations establishing note. 
the requirement described in subsection (f)(2) of section 4102 of 
title 46, United States Code, as added l3y this section, by not 
later than October 1, 1997. 
SEC. 903. STUDIES ADDRESSING VARIOUS SOURCES OF OIL SPILL RISK. 46 USC 3703 
(a) STUDY OF GROUP-5 FUEL OIL SPILLS.— 
^°^' 
(1) DEFINITION.—In this subsection, the term "group-5 fuel 
oil" means a petroleum-based oil that has a specific gravity 
of greater than 1.0. 
(2) COORDINATION OF STUDY.—The Secretary of Transpor-
tation shall coordinate with the Marine Board of the National 
Research Council to conduct a study of the relative environ-
mental £ind public health risks posed by discharges of group-
5 fuel oil. 
(3) MATTERS TO BE INCLUDED.—The study under this sub-
section shall include a review and analysis o
f
— 
(A) the specific risks posed to the public health or 
welfare of the United States, including fish, shellfish and 
wildlife, public and private property, shorelines, beaches, 
habitat, and other natural resources imder the jurisdiction 
or control of the United States, as a result of an actual 
or threatened discharge of group-5 fuel oil from a vessel 
or facility; 
(B) cleanup technologies currently available to address 
actual or threatened discharge of group-5 fuel oil; and 
(C) £iny technological and financial barriers that pre-
vent the prompt remediation of discharges of group-5 fuel 
oil. 
(4) REPORT.—Not later than 18 months after the date of 
enactment of this Act, the Secretary of Transportation shall 
submit to the Committee on Environment and Public Works 
and the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Transportation and Infra-
structure of the House of Representatives a report on the results 
of the study under this subsection. 
110 STAT. 3948 
PUBLIC LAW 104-324—OCT. 19, 1996 
(5) RULEMAKING.—If the Secretary of Transportation deter-
mines, based on the results of the study under this subsection, 
that there are significant risks to pubKc health or the environ-
ment resulting fi'om the actual or threatened discharge of 
group-5 fiiel oil 
fi*om 
a vessel or facility that cannot be techno-
logically or economically addressed by existing or anticipated 
clesinup efforts, the Secretary may initiate a rulemaking to 
take such action as is necessary to abate the threat. 
(b) STUDY OF AUTOMATIC FUELING SHUTOFF EQUIPMENT.— 
(1) COORDINATION OF STUDY.—The Secretary of Transpor-
tation shall coordinate with the Marine Board of the National 
Research Council to conduct a study of the unintentional or 
accidental discharge of fuel oil during lightering or fuel loading 
or off-loading activity. 
(2) MATTERS TO BE INCLUDED.—The study under this sub-
section shall include a review and ansilysis of current monitor-
ing and fueling practices to determine the need for automatic 
fuel shutoff equipment to prevent the accidental discharge of 
fuel oil, and whether such equipment is needed as a supplement 
to or replacement of existing preventive equipment or proce-
dures. 
(3) REPORT.—Not later than 18 months after the date of 
enactment of this Act, the Secretary of Transportation shall 
submit to the Committee on Environment and Public Works 
£ind the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and Infra-
structure of the House of Representatives a report on the results 
of the study under this subsection, 
(4) RULEMAKING.—If the Secretary of Transportation deter-
mines, based on the results of the study conducted under this 
subsection, that the use of automatic oil shutoff equipment 
is necessary to prevent the actual or threatened discharge 
of oil during lightering or fuel loading or off loading activity, 
the Secretary may initiate a rulemalmig to take such action 
as is necessary to abate a threat to public health or the environ-
ment. 
(c) LIGHTERING STUDY.—The Secretary of Transportation shall 
coordinate with the Marine Board of the National Research Council 
on a study into the actual incidence and risk of oil spills fi*om 
lightering operations off the coast of the United States. Among 
other things, the study shall address the manner in which existing 
regulations are serving to reduce oil spill risks. The study shall 
take into accoimt current or proposed international rules and stand-
ards and also include recommendations on measures that would 
be likely to further reduce the risks of oil spills from lightering 
Reports. 
operations. Not later than 18 months after the date of enactment 
of this Act, the Secretary shall submit a report on the study to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives. 
TITLE X—CONVEYANCES 
SEC. 1001. CONVEYANCE OF LIGHTHOUSES. 
(a) AUTHORITY TO CONVEY.— 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3949 
(1) IN GENERAL.—The Secretary of Transportation or the 
State listing. 
Secretary of the Interior, as appropriate, shall convey, by an 
appropriate means of conveyance, all right, title, £ind interest 
of the United States in and to each of the following properties: 
(A) Cape Ann Lighthouse, located on Thacher Island, 
Massachusetts, to the town of Rockport, Massachusetts. 
(B) Light Station Montauk Point, located at Montauk, 
New York, to the Montauk Historical Association in 
Montauk, New York. 
(C) Squirrel Point Light, located in Arrowsic, Maine, 
to Squirrel Point Associates, Incorporated. 
(D) Point Arena Light Station, located in Mendocino 
County, California, to the Point Arena Lighthouse Keepers, 
Incorporated. 
(E) Saint Helena Island Light Station, located in Mack-
inac County, Moran Township, Michigan, to the Great 
Lakes Lighthouse Keepers Association. 
(F) F^esque Isle Light Station, located in Presque Isle 
Township, Michigan, to Presque Isle Township, Presque 
Isle County, Michigan. 
(G) Cove Point Lighthouse, located in Calvert County, 
Maryland, to Calvert County, Maryland. 
(2) IDENTIFICATION OF PROPERTY.—The Secretary may iden-
tify, describe, and determine the property to be conveyed under 
this subsection. 
(3) EXCEPTION.—The Secretary may not convey £uiy histori-
cal artifact, including any lens or lantern, located on the prop-
erty at or before the time of the conveyance. 
(b) TERMS OF CONVEYANCE.— 
(1) IN GENERAL.—^The conveyance of property \mder this 
section shall be made— 
(A) without payment of consideration; and 
(B) subject to the conditions required by this section 
and other terms and conditions the Secretary may consider 
appropriate. 
(2) REVERSIONARY INTEREST.—In addition to any term or 
condition established under this section, the conveyance of prop-
erty under this subsection shall be subject to the condition 
that all right, title, and interest in the property shall imme-
diately revert to the United States if— 
(A) the property, or any part of the property— 
(i) ceases to be used as a nonprofit center for 
the interpretation and preservation of maritime his-
tory; 
(ii) ceases to be maintained in a manner that 
ensures its present or future use as a Coast Guard 
aid to navigation; or 
(iii) ceases to be maintained in a manner consistent 
with the provisions of the National Historic Preserva-
tion Act of 1966 (16 U.S.C. 470 et seq.); or 
(B) at least 30 days before that reversion, the Secretary Notice. 
of Transportation provides written notice to the owner that 
the property is needed for national security purposes. 
(3) MAINTENANCE OF NAVIGATION FUNCTIONS.—A convey-
ance of property under this section shall be made subject to 
the conditions that the Secretary of Transportation considers 
to be necessary to assure that— 
110 STAT. 3950 
PUBLIC LAW 104-324—OCT. 19, 1996 
(A) the lights, antennas, sound signal, electronic 
navigation equipment, and associated lighthouse equip-
ment located on the property conveyed, which are active 
aids to navigation, shall continue to be operated and main-
tained by the United States for as long as they are needed 
for this purpose; 
(B) the owner of the property may not interfere or 
allow interference in any manner with aids to navigation 
without express written permission 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 property as may be necessary for 
navigational purposes; 
(D) the United States shall have the right, at any 
time, to enter the property without notice for the purpose 
of maintaining aids to navigation; and 
(E) the United States shall have an easement of access 
to and across the property for the purpose of maintaining 
the aids to navigation in use on the property. 
(4) OBLIGATION LIMITATION.—The owner of property con-
veyed under this section is not required to maintain any active 
aid to navigation equipment on the property. 
(5) PROPERTY TO BE MAINTAINED IN ACCORDANCE WITH CER-
TAIN LAWS.—The owner of property conveyed under this section 
shall maintain the property in accordance with the National 
Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) and 
other applicable laws. 
(c) MAINTENANCE STANDARD.—The owner of any property con-
veyed under this section, at its own cost and expense, shall maintain 
the property in a proper, substantial, and workmanlike manner. 
(d) DEFINITIONS.—For purposes of this section: 
(1) The term "Montauk Light Station" includes the keeper's 
dwellings, adjacent Coast Guard rights-of-way, the World War 
II submarine spotting tower, the lighthouse tower, and the 
paint locker. 
(2) The term "owner" means the person identified in sub-
section (a)(1) (A) through (G), and includes any successor of 
assign of that person. 
(3) The term "Point Arena Light Station" includes the 
light tower building, fog signal building, 2 small shelters, 4 
residential quarters, and a restroom facility. 
(4) The term "Squirrel Point Light" includes the light tower, 
dwelling, boat house, oil house, bam, any other ancillary build-
ings, and any other land as may be necessary for the owner 
to operate a nonprofit center for public benefit. 
(5) The term "lYesque Isle Light Station" includes the 
light tower, attached dwelling, detached dwelling, 3-car garage, 
and any other improvements on that parcel of land. 
SEC. 1002. CONVEYANCE OF CERTAE»J LIGHTHOUSES LOCATED IN 
MAINE. 
(a) AUTHORITY TO CONVEY.— 
(1) IN GENERAL.—The Secretary of Transportation (in this 
section referred to as the "Secretary") shall convey to an entity 
recommended by the Island Institute, Rockland, Maine (in this 
section referred to as the "Institute"), and approved by the 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3951 
Selection Committee established in subsection (d)(3)(A), by an 
appropriate means of conveyance, all right, title, and interest 
of the United States in and to any of the facilities and real 
property and improvements described in paragraph (2). 
(2) IDENTIFICATION OF PROPERTIES.—Paragraph (1) applies 
Applicability. 
to lighthouses, together with any real property and other 
improvements associated therewith, located in the State of 
Maine as follows: 
(A) Burnt Island Light. 
(B) Rockland Harbor Breakwater Light. 
(C) Monhegan Island Light. 
(D) Eagle Island Light. 
(E) Curtis Island Light. 
(F) Moose Peak Light. 
(G) Great Duck Island Light. 
(H) Goose Rocks Light. 
(I) Isle au Haut Light. 
(J) Goat Island Light. 
(K) Wood Island Light. 
(L) Doubling Point Light. 
(M) Doubling Point Front Range Light. 
(N) Doubling Point Rear Range Light. 
(O) Little River Light. 
(P) Spring Point Ledge Light. 
(Q) Ram Island Light (Boothbay). 
(R) Seguin Island Light. 
(S) Marshall Point Light. 
(T) Fort Point Light. 
(U) West Quoddy Head Light. 
(V) Brown's Head Light. 
(W) Cape Neddick Light. 
(X) Halfway Rock Light. 
/ 
(Y) Ram Island Ledge Light. 
(Z) Mount Desert Rock Light. 
(AA) Whitlock's Mill Light. 
(BB) Nash Island Light. 
(CC) Manana Island Fog Signal Station. 
(DD) Franklin Island Light. 
(3) DEADLINE FOR CONVEYANCE.—(A) The conveyances 
authorized by this subsection shall take place not later than 
2 years after the date of the enactment of this Act. 
(B) During the period described in subparagraph (A), the 
Secretary may not transfer or convey any right, title, or interest 
in the properties listed in paragraph (2) in any manner that 
is inconsistent with this section, nor shall the Secretary transfer 
these properties to the General Services Administration for 
disposal, unless the Selection Committee notifies the Secretary 
that an eligible entity referred to in subsection (d)(2) will not 
be identified during that period. 
(C) During the period described in subparagraph (A), no 
other provision of law concerning the disposal of Federal prop-
erty that is inconsistent in any manner with the provisions 
of this section shall apply to the properties listed in paragraph 
(2). 
(4) ADDITIONAL CONVEYANCES.—The Secretary may trans-
fer, in accordance with the terms and conditions of subsection 
29-194 O - 96 - 5: QL 3 Part 6 
110 STAT. 3952 
PUBLIC LAW 104-324—OCT. 19, 1996 
(b), the following lighthouses, together with any real property 
and improvements associated therewith— 
(A) directly to the United States Fish and Wildlife 
Service: 
(i) Two Bush Island Light, 
(ii) Egg Rock Light, 
(iii) Libby Island Light, 
(iv) Matinicus Rock Light. 
(B) to the Institute, with the concurrence of the Maine 
Lighthouse Selection Committee: 
(i) Whitehead Island Light. 
(ii) Deer Island Thorofare (Mark Island) Light. 
(b) TERMS OF CONVEYANCE.— 
(1) IN GENERAL.—The conveyance of property pursuant to 
this section shall be made— 
(A) without payment of consideration; and 
(B) subject to the conditions required by this section 
and other terms and conditions the Secretary may consider 
appropriate. 
(2) MAINTENANCE OF NAVIGATION FUNCTION.—The convey-
ance of property pursuant to this section shall be made subject 
to the conditions that the Secretary considers necessary to 
assure that— 
(A) the lights, antennas, sound signal, electronic 
navigation equipment, and associated lighthouse equip-
ment located on the property conveyed, which are active 
aids to navigation, shall continue to be operated and main-
tained by the United States; 
(B) the Institute, the United States Fish and Wildlife 
Service, and an entity to which property is conveyed under 
this section may not interfere or allow interference in any 
manner with aids to navigation without express written 
permission from the Secretary; 
(C) there is reserved to the United States the right 
to relocate, replace, or add any aid to navigation or make 
any changes to property conveyed under this section as 
may be necessary for navigational purposes; 
(D) the United States shall have the right, at any 
time, to enter property conveyed under this section without 
notice for the purpose of maintaining aids to navigation; 
and 
(E) the United States shall have an easement of access 
to £md across property conveyed under this section for 
the purpose of maintaining the aids to navigation in use 
on the property. 
(3) OBLIGATION LIMITATION.—The Institute, or any entity 
to which a lighthouse is conveyed under subsection (d), is 
not required to maintain any active aid to navigation equipment 
on a property conveyed under this section. 
(4) REVERSIONARY INTEREST.—In addition to any term or 
condition established pursuant to this section, the conveyance 
of property pursuant to this section shall be subject to the 
condition that all right, title, and interest in such property 
shall immediately revert to the United States if— 
(A) such property or any part of such property ceases 
to be used for educational, historic, recreational, cultural, 
and wildlife conservation programs for the general public 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3953 
and for such other uses as the Secretary determines to 
be not inconsistent or incompatible with such uses; 
(B) such property or any part of such property ceases 
to be maintained in a manner that ensures its present 
or future use as a Coast Guard aid to navigation; or 
(C) such property or any part of such property ceases 
to be maintained in a manner consistent with the provi-
sions of the National Historic Preservation Act of 1966 
(16 U.S.C. 470 et seq.). 
(c) INSPECTION.—The State Historic Preservation Officer of the 
State of Maine may at any time inspect any lighthouse, and any 
real property and improvements associated therewith, that is con-
veyed under this section to an entity that is not a Federal agency, 
without notice, for purposes of ensuring that the lighthouse is 
being maintained in the manner required under subsection (b). 
The Institute, and conveyees under subsection (d) that are not 
Federal agencies, shall cooperate with the official referred to in 
the preceding sentence in the inspections of that official under 
this subsection. 
(d) CONVEYANCE OF LIGHTHOUSES.— 
(1) REQUIREMENT.—The Secretary shall convey, without 
consideration, all right, title, and interest of the United States 
in and to the lighthouses identified in subsection (a)(2), together 
with any real property smd improvements associated therewith, 
to one or more entities identified under paragraph (2) and 
approved by the committee established under paragraph (3) 
in accordance with the provisions of such paragraph (3). 
(2) IDENTIFICATION OF ELIGIBLE ENTITIES.— 
(A) IN GENERAL.—Subject to subparagraph (B), the 
Institute shall identify entities eligible for the conveyance 
of a lighthouse under this subsection. Such entities shall 
include any department or agency of the Federal Govern-
ment, any department or agency of the government of 
the State of Maine, any local government in that State, 
or any nonprofit corporation, educational agency, or 
community development organization that— 
(i) is financially able to maintain the lighthouse 
(and any real property and improvements conveyed 
therewith) in accordance with the conditions set forth 
in subsection (b); 
(ii) has agreed to permit the inspections referred 
to in subsection (c); and 
(iii) has agreed to comply with the conditions set 
forth in subsection (b); and to have such conditions 
recorded with the deed of title to the lighthouse and 
any real property and improvements that may be con-
veyed therewith. 
(B) ORDER OF PRIORITY.—In identifying entities ehgible 
for the conveyance of a lighthouse under this paragraph, 
the Institute shall give priority to entities in the following 
order, which are also the exclusive entities eligible for 
the conveyance of a lighthouse under this section: 
(i) Agencies of the Federal Government. 
(ii) Entities of the government of the State of 
Maine. 
(iii) Entities of local governments in the State of 
Maine. 
110 STAT. 3954 
PUBLIC LAW 104-324—OCT. 19, 1996 
(iv) Nonprofit corporations, educational agencies, 
and community development organizations. 
(3) SELECTION OF CONVEYEES AMONG ELIGIBLE ENTITIES.— 
(A) COMMITTEE.— 
Establishment. 
(i) IN GENERAL.—There is hereby established a 
committee to be known as the Maine Lighthouse Selec-
tion Committee (in this paragraph referred to as the 
"Committee"). 
(ii) MEMBERSHIP.—^The Committee shall consist of 
five members appointed by the Secretary, in consulta-
tion with the Advisory Coimcil on Historic Preserva-
tion, as follows: 
(I) One member, who shall serve as the Chair-
man of the Committee, shall be appointed firom 
among individuals recommended by the Governor 
of the State of Maine. 
(II) One member shall be the State Historic 
Preservation Officer of the State of Maine, with 
the consent of that official, or a designee of that 
official. 
(III) One member shall be appointed fi-om 
among individuals recommended by State and local 
organizations in the State of Maine that are con-
cerned with lighthouse preservation or maritime 
heritage matters. 
(IV) One member shall be appointed fi*om 
among individuals recommended by officials of 
local governments of the municipalities in which 
the lighthouses are located. 
(V) One member shall be appointed firom 
Eimong individuals recommended by the Secretary 
of the Interior. 
(iii) APPOINTMENT DEADLINE.—The Secretary shall 
appoint the members of the Committee not later than 
90 days after the date of the enactment of this Act. 
(iv) MEMBERSHIP TERM.— 
(I) Members of the Committee shall serve for 
such terms not longer than 2 years as the Sec-
retary shall provide. The Secretary may stagger 
the terms of initial members of the Committee 
in order to ensure continuous activity by the 
Committee. 
(II) Any member of the Committee may serve 
after the expiration of the term of the member 
until a successor to the member is appointed. A 
vacancy in the Committee shall be filled in the 
same manner in which the original appointment 
was made. 
(v) VOTING.—The Committee shall act by an 
affirmative vote of a majority of the members of the 
Committee. 
(B) RESPONSIBILITIES.— 
(i) IN GENERAL.—The Committee shall— 
(I) review the entities identified 
by the 
Institute under paragraph (2) as entities eligible 
for the conveyance of a lighthouse; and 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3955 
(II) approve one such entity, or disapprove 
aU such entities, as entities to which the Secretary 
may make the conveyance of the lighthouse under 
this subsection. 
(ii) APPROVAL.—If the Committee approves an 
entity for the conveyance of a Hghthouse, the Commit-
tee shall notify the Institute of such approval. The 
Institute shall forward such recommendations to the 
Secretary. 
(iii) DISAPPROVAL.—If the Committee disapproves 
Notification. 
of the entities, the Committee shall notify the Institute 
and the Institute shall identify other entities eligible 
for the conveyance of the lighthouse imder paragraph 
(2). The Committee shall review and approve or dis-
approve entities identified pursuant to the preceding 
sentence in accordance with this subparagraph and 
the criteria set forth in subsection (b). 
(C) EXEMPTION FROM FACA.—The Federal Advisory Public 
Committee Act (5 App. U.S.C.) shall not apply to the information. 
Committee, however, all meetings of the Committee shall 
be open to the public and preceded by appropriate public 
notice. 
(D) TERMINATION.—The Committee shall terminate 2 
years from the date of the enactment of this Act. 
(E) FUNDING.—Nothing in this section shall imply a 
commitment or obligation of any department or agency 
of the Federal Government to fund the expenses of the 
Committee. 
(4) CONVEYANCE.—Upon notification 
under 
paragraph 
(3)(B)(ii) of the approval of an identified entity for conveyance 
of a lighthouse under this subsection, the Secretary shall, with 
the consent of the entity, convey the lighthouse to the entity. 
(5) RESPONSIBILITIES OF CONVEYEES.—Each entity to which 
the Secretary conveys a lighthouse under this subsection, or 
any successor or assign of such entity in perpetuity, shall— 
(A) use and maintain the lighthouse in accordance 
with subsection (b) and have such terms and conditions 
recorded with the deed of title to the lighthouse and any 
real property conveyed therewith; and 
(B) permit the inspections referred to in subsection 
(c). 
(e) DESCRIPTION OF PROPERTY.—The legal description of any 
lighthouse, and any real property and improvements associated 
therewith, conveyed under subsection (a) shall be determined by 
the Secretary. The Secretary shall retain all right, title, and interest 
of the United States in and to any historical artifact, including 
any lens or lantern, that is associated with the lighthouses conveyed 
under this subsection, whether located at the lighthouse or else-
where. The Secretary shall identify any equipment, system, or 
object covered by this paragraph. 
SEC. 1003. TRANSFER OF COAST GUARD PROPERTY IN GOSNOLD, 
MASSACHUSETTS. 
(a) CONVEYANCE REQUIREMENT.—The Secretary of Transpor-
tation may convey to the town of Gosnold, Massachusetts, without 
reimbursement and by no later than 120 days after the date of 
enactment of this Act, aU right, title, and interest of the United 
110 STAT. 3956 
PUBLIC LAW 104-324—OCT. 19, 1996 
States in and to the property known as the "United States Coast 
Guard Cuttyhunk Boathouse and Wharf, as described in subsection 
(0. 
(b) CONDITIONS.—^Any conveyance of property under subsection 
(a) shall be subject to the condition that trie 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 
E
urpose of berthing vessels, including vessels belonging to mem-
ers of the Coast Guard Auxiliary; and 
(2) the right of ingress to and egress from the property 
for purposes of access to Coast Guard facilities and performance 
of Coast Guard functions. 
(c) PROPERTY DESCRIBED.—The property referred to in sub-
section (a) is real property located in the town of Gosnold, 
Massachusetts (including all buildings, structures, equipment, and 
other improvements), as determined by the Secretary of Transpor-
tation. 
SEC. 1004. CONVEYANCE OF PROPERTY IN KETCHIKAN, ALASKA. 
(a) AUTHORITY TO CONVEY.—The Secretary of Transportation 
or the Administrator of General Services, as appropriate, shall 
convey to the Ketchikan Indian Corporation in Ketchikan, Alaska, 
without reimbursement and by no later than 120 days after the 
date of enactment of this Act, all right, title, and interest of the 
United States in and to the property known as the "Former Marine 
Safety Detachment" as identified in Report of Excess Number CG-
689 (GSA Control Number 9-U-AK-0747) and described in sub-
section (b), for use as a health or social services facility. 
(b) 
IDENTIFICATION 
OF PROPERTY.—^The Secretary 
or 
the 
Administrator, as appropriate, shall identify, describe, and deter-
mine the property to be conveyed pursuant to this section. 
(c) REVERSIONARY INTEREST.—(1) The conveyance of property 
described in subsection (b) shall be subject to the conditions that— 
(A) the existing buildings on such property shall be demol-
ished and removed by not later than July 3,1997; and 
(B) such property, and all right, title and interest in such 
property, shall transfer to the City of Ketchikan if, within 
24 months of the date of enactment of this Act, the Ketchikan 
Indian Corporation has not completed design and construction 
plans for a health and social services facility (including local 
permitting requirements, but not financing plans) and received 
approved from the City of Ketchikan for such plans or the 
written consent of the City to exceed this period. 
(2) If the property described in subsection (b) is transferred 
to the City of Ketchikan under subsection (c), the transfer shall 
be subject to the condition that all right, title, and interest in 
and to the property shall immediately revert to the United States 
if the property ceases to be used by the City of Ketchikan in 
a health-related or hospital-related capacity. 
SEC. 1005. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, MICHI-
GAN. 
(a) AUTHORITY To CONVEY.—The Secretary of Transportation 
(or any other official having control over the property described 
in subsection (b)) shall expeditiously convey to the Traverse City 
Area Public School District in Traverse City, Michigan, without 
consideration, all right, title, and interest of the United States 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3957 
in and to the property identified, described, and determined by 
the Secretary under subsection (b), subject to all easements and 
other interests in tiie property held by any other person. 
(b) IDENTIFICATION OF PROPERTY.—The Secretary shall identify, 
describe, and determine the property to be conveyed pursuant to 
this section. 
(c) REVERSIONARY INTEREST.—In addition to any term or condi-
tion established pursuant to subsection (a) or (d), any conveyance 
of property described in subsection (b) shall be subject to the condi-
tion that all right, title, and interest in and to the property so 
conveyed shall immediately revert to the United States if the prop-
erty, or any part thereof, ceases to be used by the Traverse City 
Area Public School District. 
(d) TERMS OF CONVEYANCE.—^The conveyance of property xmder 
this section shall be subject to such conditions as the Secretary 
considers to be necessary to assure that— 
(1) the pump room located on the property shall continue 
to be operated and maintained by the United States for as 
long as it is needed for this purpose; 
(2) the United States shall have an easement of access 
to the property for the purpose of operating and maintaining 
the pump room; and 
(3) the United States shall have the right, at any time, 
to enter the property without notice for the purpose of operating 
and maintaining the pump room. 
SEC. 1006. TRANSFER 
OF COAST 
GUARD 
PROPERTY 
IN NEW 
SHOREHAM, RHODE ISLAND. 
(a) REQUIREMENT.—The Secretary of Transportation (or any 
other official having control over the property described in sub-
section (b)) may convey to the town of New Shoreham, Rhode 
Island, without consideration, 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 sub-
section (a) is real property (including buildings and improvements) 
located on the west side of Block Island, 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 condi-
tion established pursuant to subsection (a), einy conveyance of prop-
erty under subsection (a) shall be subject to the condition that 
all right, title, and interest in and to the property so conveyed 
shall immediately revert to the United States if the property, or 
any part thereof, ceases to be used by the town of New Shoreham, 
Rhode Island. 
SEC. 1007. CONVEYANCE OF PROPERTY IN SANTA CRUZ, CALIFORNIA. 
(a) AUTHORITY TO CONVEY.— 
(1) IN GENERAL.—The Secretary of Transportation (referred 
to in this section as the "Secretary") may convey to the Santa 
Cruz Port District by an appropriate means of conveyance, 
all right, title, £ind interest of the United States in and to 
the property described in paragraph (2). 
110 STAT. 3958 
PUBLIC LAW 104-324—OCT. 19, 1996 
(2) IDENTIFICATION OF PROPERTY.—The Secretary may iden-
tify, describe, and determine the property to be conveyed pursu-
ant to this section. 
(b) CONSIDERATION.—^Any conveyance of property pursuant to 
this section shall be made without pajonent of consideration. 
(c) CONDITION.—The conveyance provided for in subsection (a) 
may be made contingent upon agreement by the Port District that— 
(1) the utility systems, building spaces, and facilities or 
any alternate, suitable facilities and buildings on the harbor 
premises would be available for joint use by the Port District 
and the Coast Guard when deemed necessary by the Coast 
Guard; and 
(2) the Port District would be responsible for paying the 
cost of maintaining, operating, and replacing (as necessary) 
the utility systems and any buildings and facilities located 
on the property as described in subsection (a) or on any alter-
nate, suitable property on the harbor premises set aside for 
use by the Coast Guard. 
(d) REVERSIONARY INTEREST.—Any conveyance of property 
pursuEint to this section shall be subject to the condition that 
all right, title, and interest in Subunit Santa Cruz shall immediately 
revert to the United States— 
(1) if Subimit Santa Cruz ceases to be maintained as a 
nonprofit center for education, training, administration, and 
other public service to include use by the Coast Guard; or 
(2) at the end of the thirty day period beginning on £iny 
date on which the Secretary provides written notice to the 
Santa Cruz Port District that Subunit Santa Cruz is needed 
for national security purposes. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
(f) DEFINITIONS.—For purposes of this section— 
(1) "Subunit Santa Cruz" means the Coast Guard property 
and improvements located at Santa Cruz, California; 
(2) "Secretary" means the Secretary of the department 
in which the Coast Guard is operating; and 
(3) "Port District" means the Santa Cruz Port District, 
or any successor or assign. 
SEC. 1008. CONVEYANCE OF VESSEL S/S RED OAK VICTORY. 
(a) IN GENERAL.—Notwithstanding any other law, the Secretary 
of Transportation (referred to in this section as the "Secretar/') 
may convey the right, title, and interest of the United States 
Government in and to the vessel S/S RED OAK VICTORY (Victory 
Ship VCS-AP2; United States Navy Hull No. AK235) to the City 
of Richmond Museum Association, Inc., located in Richmond, 
California (in this section referred to as "the recipient"), if— 
(1) the recipient agrees to use the vessel for the purposes 
of a monument to the wartime accomplishments of the City 
of Richmond; 
(2) the vessel is not used for commercial transportation 
purposes; 
(3) the recipient agrees to make the vessel available to 
the Government if the Secretary requires use of the vessel 
by the Government for war or a national emergency; 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3959 
(4) the recipient agrees to hold the Government harmless 
for any claims arising from exposure to hazardous materials, 
including asbestos and PCB's, after conveyance of the vessel, 
except for claims arising from use by the Government under 
paragraph (3); 
(5) the recipient has available, for use to restore the vessel, 
in the form of cash, liquid assets, or a written loan commitment, 
financial resources of at least $100,000; and 
(6) the recipient agrees to any other conditions the Sec-
retEiry considers appropriate. 
(b) DELIVERY OF VESSEL.—If a conveyance is made imder this 
section, the Secretary shall deUver the vessel at the place where 
the vessel is located on the date of enactment of this Act, in 
its present condition, without cost to the Government. 
(c) OTHER UNNEEDED EQUIPMENT.—^The Secretsiry may convey 
to the recipient any unneeded equipment from other vessels in 
the National Defense Reserve Fleet for use to restore the S/S 
RED OAK VICTORY to museum quality. 
(d) RETENTION OF VESSEL IN NDRF.—The Secretary shall retain 
in the National Defense Reserve Fleet the vessel authorized to 
be conveyed under subsection (a), until the earlier of— 
(1) 2 years after the date of the enactment of this Act; 
or 
(2) the date of conveyance of the vessel under subsection 
(a). 
SEC. 1009. CONVEYANCE OF EQUIPMENT. 
The Secretary of Transportation may convey any unneeded 
equipment from other vessels in the National Defense Reserve 
Fleet to the JOHN W. BROWN and other qualified United States 
memorial ships in order to maintain their operating condition. 
SEC. 1010. PROPERTY EXCHANGE. 
(a) PROPERTY ACQUISITION.—^The Secretary may, by means of 
an exchange of property, acceptance as a gift, or other means 
that does not require the use of appropriated funds, acquire all 
right, title, and interest in and to a parcel or parcels of real 
property and any improvements thereto located within the limits 
of the City and Borough of Juneau, Alaska. 
(b) ACQUISITION THROUGH EXCHANGE.—For the purposes of 
acquiring property under subsection (a) by means of £in exchange, 
the Secretary may convey all right, title, and interest of the United 
States in and to a parcel or parcels of real property £ind any 
improvements thereto located within the limits of the City and 
Borough of Jimeau, Alaska and in the control of the Coast Guard 
if the Secretary determines that the exchange is in the best interest 
of the Coast Guard. 
(c) TERMS AND CONDITIONS.—^The Secretary may require such 
terms and conditions under this section as the Secretary considers 
appropriate to protect the interests of the United States, 
SEC. 1011. AUTHORITY TO CONVEY WHITEFISH POINT UGHT STATION 
LAND. 
(a) AUTHORITY TO CONVEY.— 
(1) IN GENERAL.—Except as otherwise provided in this sec-
tion, the Secretary of the Interior (in this section referred 
to as the "Secretary) may convey, by an appropriate means 
of conveyance, all right, title, and interest of the United States 
110 STAT. 3960 
PUBLIC LAW 104-324—OCT. 19, 1996 
in 1 of the 3 parcels comprising the land on which the United 
States Coast Guard Whitefish Point Light Station is situated 
(in this section referred to as the "Property), to each of the 
Great Lsikes Shipwreck Historical Society, located in Sault 
Ste. Marie, Michigan, the United States Fish and Wildlife Serv-
ice, and the Michigan Audubon Society (each of which is 
referred to in this section as a "recipient"), subject to all ease-
ments, conditions, reservations, exceptions, and restrictions con-
tained in prior conveyances of record. 
(2) LIMITATION.—Notwithstanding paragraph (1), the Sec-
retary shall retain for the United States all right, title, and 
interest in— 
(A) any historical artifact, including any lens or lan-
tern, and 
(B) the light, antennas, sound signal, towers, associated 
lighthouse equipment, and any electronic navigation equip-
ment, which are active aids to navigation, 
which is located on the Property, or which relates to the Prop-
erty. 
(3) IDENTIFICATION OF THE PROPERTY.—The Secretary may 
identify, describe, £ind determine the parcels to be conveyed 
pursuant to this section. 
(4) RIGHTS OF ACCESS.—If necessary to ensure access to 
a public roadway for a parcel conveyed under this section, 
the Secretary shall convey with the parcel an appropriate 
appurtenant easement over another parcel conveyed luider this 
section, 
(5) EASEMENT FOR PUBLIC ALONG SHORELINE.—In each 
conveyance under this section of property located on the shore-
line of Lake Superior, the Secretary shall retain for the public, 
for public walkway purposes, a right-of-way along the shoreline 
that extends 30 feet inland from the mean high water line, 
(b) TERMS AND CONDITIONS.— 
(1) IN GENERAL.—Any conveyance pursuant to subsection 
(a) shall be made— 
(A) without payment of consideration; and 
(B) subject to such terms and conditions as the Sec-
retary considers appropriate. 
(2) MAINTENANCE OF NAVIGATION FUNCTIONS.—The Sec-
retary shall ensure that any conveyance pursuant to this section 
is subject to such conditions as the Secretary considers to 
be necessary to assure that— 
(A) the light, antennas, soimd signal, towers, and asso-
ciated lighthouse equipment, and any electronic navigation 
equipment, which are located on the Property and 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 recipients may not interfere or allow inter-
ference in any msinner with such aids to navigation without 
express written permission from the United States; 
(C) there is reserved to the United States the right 
to relocate, replace, or add any aids to navigation, or make 
any changes on any portion of the Property as may be 
necessary for navigation purposes; 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3961 
(D) the United States shall have the right, at any 
time, to enter the Property without notice for the purpose 
of maintaining aids to navigation; 
(E) the United States shall have— 
(i) an easement of access to and across the Property 
for the purpose of maintaining the aids to navigation 
and associated equipment in use on the Property; and 
(ii) an easement for an arc of visibility; and 
(F) the United States shall not be responsible for the 
cost and expense of maintenance, repair, and upkeep of 
the Property. 
(3) MAINTENANCE OBLIGATION.—The recipients shall not 
have any obligation to maintain any active aid to navigation 
equipment on any parcel conveyed pursuant to this section. 
(c) PROPERTY TO BE MAINTAINED IN ACCORDANCE WITH CER-
TAIN LAWS.—Each recipient sheill maintain the parcel conveyed 
to the recipient pursuant to subsection (a) in accordance with the 
provisions of the National Historic Preservation Act (16 U.S.C. 
470 et seq.), and other applicable laws. 
(d) MAINTENANCE STANDARD.—Each recipient shall maintain 
the parcel conveyed to the recipient pursuant to subsection (a), 
at its own cost and expense, in a proper, substantial, and 
workmeinlike msinner, including the easements of access, the ease-
ment for an arc of visibility, the nuisance easement, and the under-
ground easement. 
(e) SHARED USE AND OCCUPANCY AGREEMENT.—The Secretary 
shall require, as a condition of each conveyance of property under 
this section, that all of the recipients have entered into the same 
agreement governing the shared use and occupancy of the existing 
Whitefish Point Light Station facilities. The agreement shall be 
drafted by the recipients and shall include— 
(1) terms governing building occupancy and access of recipi-
ent staff and public visitors to public restrooms, the auditorium, 
and the parking lot; and 
(2) terms requiring that each recipient shall be responsible 
for paying a pro rata share of the costs of operating and 
maintaining the existing Whitefish Point Light Station facili-
ties, that is based on the level of use and occupancy of the 
facilities by the recipient. 
(f) LIMITATIONS ON DEVELOPMENT AND IMPAIRING USES.—It 
shall be a term of each conveyance under this section that— 
(1) no development of new facilities or expansion of existing 
facilities or infrastructure on property conveyed under this 
section may occur, except for purposes of implementing the 
Whitefish Point Comprehensive Plan of October 1992 or for 
a gift shop, unless— 
(A) each of the recipients consents to the development 
or expansion in writing; 
(B) there has been a reasonable opportunity for public 
comment on the development or expEinsion, £ind full consid-
eration has been given to such public comment as is pro-
vided; and 
(C) the development or expansion is consistent with 
preservation of the Property in its predominantly natural, 
scenic, historic, and forested condition; and 
110 STAT. 3962 
PUBLIC LAW 104-324—OCT. 19, 1996 
(2) any use of the Property or any structure located on 
the Property which may impair or interfere with the conserva-
tion values of the Property is expressly prohibited. 
(g) REVERSIONARY INTEREST.— 
(1) IN GENERAL.—All right, title, and interests in and to 
property and interests conveyed under this section shall revert 
to the United States and thereafter be administered by the 
Secretary of the Interior acting through the Director of the 
United States Fish and Wildlife Service, if— 
(A) in the case of such property and interests conveyed 
to the Great Lakes Shipwreck Historical Society, the prop-
erty or interests cease to be used for the purpose of histori-
cal interpretation; 
(B) in the case of such property £ind interests conveyed 
to the Michigan Audubon Society, the property or interests 
cease to be used for the purpose of environmental protec-
tion, research, and interpretation; or 
(C) in the case of any property and interests conveyed 
to a recipient referred to in subparagraph (A) or (B)— 
(i) there is any violation of any term or condition 
of the conveyance to that recipient; or 
(ii) the recipient has ceased to exist. 
(2) AUTHORITY TO ENFORCE REVERSIONARY INTEREST.—The 
Secretary of the Interior, acting through the Director of the 
United States Fish and Wildlife Service, shall have the author-
i t y -
(A) to determine for the United States Grovemment 
whether £iny act or omission of a recipient results in a 
reversion of property and interests under paragraph (1); 
and 
(B) to initiate a civil action to enforce that reversion, 
after notifying the recipient of the intent of the Secretary 
of the Interior to initiate that action. 
(3) MAINTENANCE OF NAVIGATION FUNCTIONS.—In the event 
of a reversion of property under this subsection, the Secretary 
of the Interior snail administer the property subject to any 
conditions the Secretary of Transportation considers to be nec-
essary to maintain the navigation functions. 
SEC. 1012. CONVEYANCE OF PARRAMORE BEACH COAST GUARD STA-
TION, VIRGINIA. 
(a) IN GENERAL.—The Secretary of the department in which 
the Coast Guard is operating shall convey to the Nature Conser-
vancy (a nonprofit corporation established under the laws of the 
District of Columbia and holder of ownership interest in Parramore 
Island, Virginia), by not later than 30 days after the date of the 
enactment of this Act £ind without consideration, all right, title, 
and interest of the United States in and to all real property compris-
ing the Parramore Beach Coast Guard Station, located on 
Parramore's Island near the town of Wachapreague in Accomack 
County, Virginia. 
(b) COMPLETION OF ENVIRONMENTAL REVIEWS, ASSESSMENTS, 
AND CLEANUP.— 
(1) AUTHORITY TO CONVEY BEFORE COMPLETION.—Notwith-
standing any other provision of law that would require comple-
tion of an environmental review, assessment, or cleanup with 
respect to the Parramore Beach Coast Guard Station before 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3963 
the conveyance under subsection (a), the Secretary may make 
that conveyance before the completion of that review, assess-
ment, or cleEinup, as appUcable. 
(2) TIME FOR COMPLETION.—Any environmental review, 
assessment, or cleanup with respect to the Parramore Beach 
Coast Guard Station shall be completed by as soon as prac-
ticable after the date of the enactment of this Act. 
SEC. 1013. CONVEYANCE OF JEREMIAH O'SRIEN. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
the Secretary of Transportation (in this section referred to as the 
"Secretary") may convey, subject to the conditions set forth in 
subsection (b), the right, title, and interest of the United States 
Government in the vessel JEREMIAH O'BRIEN (United States 
official number 243622; in this section referred to as the "Vessel"), 
to a nonprofit corporation (in this section referred to as the "Recipi-
ent") for use as a merchant marine memorisil museum, if on the 
date of enactment of this Act the Recipient has at least 10 consecu-
tive years experience in restoring and operating a Liberty Ship 
as a merchant marine memorial museum. 
(b) CONDITIONS.—The conveyeince of the Vessel under sub-
section (a) shall be subject to the following conditions: 
(1) The Recipient agrees— 
(A) to use the Vessel as a nonprofit merchant marine 
memorial museum; 
(B) not to use the Vessel for commercial transportation 
purposes; 
(C) to make the Vessel available to the Government 
without cost if and when the Secretary requires use of 
the Vessel by the Government; 
(D) in the event the Recipient no longer requires the 
Vessel for use as a merchant marine memorial museum, 
to— 
(i) reconvey, at the discretion of the Secretary, 
the Vessel to the Government in as good condition 
as when it was received from the Government, except 
for ordinary wear and tear; and 
(ii) deliver the Vessel to the Government at the 
place where the Vessel was delivered to the Recipient; 
(E) to hold the Government harmless for any claims 
founded on occurrences after conveyance of the Vessel, 
except for claims against the Government arising from 
use by the Government under subparagraphs (C) and (D) 
of this paragraph, which claims shall include any claims 
resulting fi-om exposure to asbestos £ind other substances; 
and 
(F) to any other conditions the Secretary considers 
appropriate. 
(2) If a conveyance is made under this section, the Secretary 
shall deliver the Vessel to the Recipient at the place where 
the Vessel is located on the date of enactment of this Act, 
in its present condition, without cost to the Government. 
(c) CONVEYANCE OF EQUIPMENT AND MATERIAL.—The Secretary 
may convey to the Recipient any unneeded equipment and material 
fi'om other vessels at £uiy time in the National Defense Reserve 
Fleet in order to assist in placing and maintaining the Vessel 
in operating condition. 
110 STAT. 3964 
PUBLIC LAW 104-324—OCT. 19, 1996 
(d) EXPIRATION OF AUTHORITY.—^The authority of the Secretary 
to convey the Vessel under this section shall expire 2 years after 
the date of enactment of this Act. 
TITLE XI—MISCELLANEOUS 
Louisiana. 
SEC. 1101. FLORmA AVENUE BRIDGE. 
For purposes of the alteration of the Florida Avenue Bridge 
(located approximately 1.63 miles east of the Mississippi River 
on the G\i]f Intracoastal Waterway in Orleans Parish, Louisiana) 
ordered by the Secretary of Trsinsportation under the Act of June 
21, 1940 (33 U.S.C. 511 et seq.), the Secretary shall treat the 
drainage siphon that is adjacent to the bridge as an appurtenance 
of the bridge, including with respect to apportionment and pa5anent 
of costs for the removal of the drainage siphon in accordance with 
that Act. 
SEC. 1102. OIL SPILL RECOVERY INSTITUTE. 
(a) ADVISORY BOARD AND EXECUTIVE COMMITTEE.—Section 5001 
of the Oil Pollution Act of 1990 (33 U.S.C. 2731) is amended— 
(1) by striking "to be administered by the Secretary of 
Commerce" in subsection (a); 
(2) by striking "and located" in subsection (a) and inserting 
"located"; 
(3) by striking "the EXXON VALDEZ oil spill" each place 
it appears in subsection (b)(2) and inserting "Arctic or Subarctic 
oil spills"; 
(4) by striking "18" in subsection (c)(1) and inserting "16"; 
(5) by striking ", Natural Resources, and Commerce £uid 
Economic Development" in subsection (c)(1)(A) and inserting 
a comma and "and Natural Resources"; 
(6) by striking subsection (c)(1) (B), (C), and (D); 
(7) by redesignating subparagraphs (E) and (F) of sub-
section (c)(1) as subparagraphs (G) and (H), respectively; 
(8) by inserting after subparagraph (A) of subsection (c)(1) 
the following: 
"(B) One representative appointed by each of the Sec-
retaries of Commerce, the Interior, and Transportation, 
who shall be Federal employees. 
"(C) Two representatives from the fishing industry 
appointed by the Governor of the State of Alaska from 
among residents of commimities in Alaska that were 
affected by the EXXON VALDEZ oil spill, who shall serve 
terms of 2 years each. Interested organizations from within 
the fishing industry may submit the names of qusdified 
individuals for consideration by the Governor. 
"(D) Two Alaska Natives who represent Native entities 
affected by the EXXON VALDEZ oil spill, at least one 
of whom represents an entity located in Prince William 
Soiuid, appointed by the Governor of Alaska from a list 
of 4 qualified individuals submitted by the Alaska Federa-
tion of Natives, who shall serve terms of 2 years each. 
"(E) Two representatives from the oil and gas industry 
to be appointed by the Governor of the State of Alaska 
who shall serve terms of 2 yesu-s each. Interested organiza-
tions from within the oil and gas industry may submit 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3965 
the names of qualified individuals for consideration by 
the Governor. 
"(F) Two at-large representatives from among residents 
of communities in Alaska that were affected by the EXXON 
VALDEZ oil spill who are knowledgeable about the marine 
environment and wildlife within Prince WiUiam Sound, 
and who shall serve terms of 2 years each, appointed 
by the remaining members of the Advisory Board. 
Interested parties may submit the names of qualified 
individuals for consideration by the Advisory Board."; 
(9) adding at the end of subsection (c) the following: 
"(4) SCIENTIFIC REVIEW.—^The Advisory Board may request 
a scientific review of the research program every five years 
by the National Academy of Sciences which shall perform the 
review, if requested, as part of its responsibilities under section 
7001(b)(2).''; 
(10) by striking "the EXXON VALDEZ oil spill" in sub-
section (d)(2) and inserting "Arctic or Subarctic oil spills"; 
(11) by striking "Secretary of Commerce" in subsection 
(e) and inserting "Advisory Board"; 
(12) by strSdng ", the Advisory Board," in the second sen-
tence of subsection (e); 
(13) by striking "Secretarys" in subsection (e) and inserting 
"Advisory Board's"; 
(14) by inserting "authorization in section 5006(b) providing 
fiinding for the" in subsection (i) after "The"; 
(15) by striking "this Act" in subsection (i) and inserting 
"the Coast Guard Authorization Act of 1996"; 
(16) by striking the first sentence of subsection (j); and 
(17) by inserting 'The Advisory Board may compensate 
its Federal representatives for their reasonable travel costs." 
in subsection (j) after "Institute.". 
(b) FUNDING.—Section 5006 of the Oil Pollution Act of 1990 
(33 U.S.C. 2736) is amended by— 
(1) striking subsection (a) and redesignating subsection 
(b) as subsection (a); 
(2) striking "5003" in the caption of subsection (a), as 
redesignated, and inserting "5001, 5003,"; 
(3) inserting "to carry out section 5001 in the amoimt 
as determined in section 5006(b), and" after "limitation," in 
the text of subsection (a), as redesignated; and 
(4) adding at the end thereof the following: 
"(b) USE OF INTEREST ONLY.—The amoimt of funding to be 
made available annually to ceirry out section 5001 shall be the 
interest produced by the Fxind's investment of the $22,500,000 
remaining funding authorized for the Prince William Sound Oil 
Spill Recovery Institute and currently deposited in the Fund and 
invested by the Secretary of the Treasury in income producing 
securities along with other funds comprising the Fund. The NationsQ 
Pollution Funds Center shall transfer all such accrued interest, 
including the interest earned fi'om the date funds in the Trans-
Alaska Liability Pipeline Fund were transferred into the Oil Spill 
Liability Trust Fimd pursuant to section 8102(a)(2)(B)(ii), to the 
Prince William Sound Oil Spill Recovery Institute annually, begin-
ning 60 days sifter the date of enactment of the Coast Guard 
Authorization Act of 1996. 
110 STAT. 3966 
PUBLIC LAW 104-324—OCT. 19, 1996 
"(c) USE FOR SECTION 1012.—Beginning with the eleventh year 
following the date of enactment of the Coast Guard Authorization 
Act of 1996, the funding authorized for the Prince William Sound 
Oil Spill Recovery Institute and deposited in the Fund shall there-
after be made available for purposes of section 1012 in Alaska.". 
(c) CONFORMING AMENDMENTS.— 
(1) Section 6002(b) of the Oil Pollution Act of 1990 (33 
U.S.C. 2752(b)) is amended by striking "5006(b)" and inserting 
"5006". 
(2) Section 7001(c)(9) the Oil Pollution Act of 1990 (33 
U.S.C. 2761(c)(9)) is amended by striking the period at the 
end thereof and inserting "tmtil the authorization for funding 
under section 5006(b) expires.". 
SEC. 1103. LIMITED DOUBLE HULL EXEMPTIONS. 
Section 3703a of title 46, United States Code, is amended— 
(1) in subsection (b), by— 
(A) striking "or" at the end of paragraph (2); 
(B) striking the period at the end of paragraph (3) 
and inserting a semicolon; and 
(C) adding at the end the following new paragraphs: 
"(4) a vessel documented under chapter 121 of this title 
that was equipped with a double hull before August 12, 1992; 
"(5) a barge of less than 1,500 gross tons (as measured 
under chapter 145 of this title) carrying refined petroleum 
product in bulk as cargo in or adjacent to waters of the Bering 
Sea, Chukchi Sea, and Arctic Ocean and waters tributary there-
to and in the waters of the Aleutian Islands and the Alaskan 
Peninsula west of 155 degrees west longitude; or 
"(6) a vessel in the National Defense Reserve Fleet pursu-
ant to section 11 of the Merchant Ship Sales Act of 1946 
(50 App. U.S.C. 1744)."; and 
(2) by adding at the end the following new subsection: 
"(d) The operation of barges described in subsection (b)(5) out-
side waters described in that subsection shall be on any conditions 
as the Secretary may require.", 
SEC. 1104. OIL SPILL RESPONSE VESSELS. 
(a) DESCRIPTION.—Section 2101 of title 46, United States Code, 
is amended— 
(1) by redesignating paragraph (20a) as paragraph (20b); 
Eind 
(2) by inserting after paragraph (20) the following new 
paragraph: 
*X20a) '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 discharge of oil or a hazardous 
material.". 
(b) EXEMPTION FROM LIQUID BULK CARRIAGE REQUIREMENTS.— 
Section 3702 of title 46, United States Code, is amended by adding 
at the end thereof the following: 
"(f) This chapter does not apply to an oil spill response vessel 
if— 
"(1) the vessel is used only in response-related activities; 
or 
"(2) the vessel is— 
"(A) not more than 500 gross tons as measured under 
section 14502 of this title, or an alternate tonnage meas-
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3967 
ured under section 14302 of this title as prescribed by 
the Secretary under section 14104 of this title; 
"(B) designated in its certificate of inspection as an 
oil spill response vessel; and 
"(C) engaged in response-related activities.". 
(c) MANNING.—^Section 8104(p) of title 46, United States Code, 
is amended to read as follows: 
"(p) The Secretary may prescribe the watchstanding and work 
hours requirements for an oil spill response vessel.". 
(d) 
MINIMUM 
NUMBER OF LICENSED 
INDIVIDUALS.—Section 
8301(e) of title 46, United States Code, is amended to read as 
follows: 
"(e) The Secretary may prescribe the minimum number of 
licensed individuals for an oil spill response vessel.". 
(e) MERCHANT MARINER DOCUMENT REQUIREMENTS.—Section 
8701(a) of title 46, United States Code, is amended— 
(1) by striking "and" after the semicolon at the end of 
paragraph (7), 
(2) by striking the period at the end of paragraph (8) 
and inserting a semicolon and "and"; and 
(3) by adding at the end thereof the following new para-
graph: 
"(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 REQUIREMENT.—Section 
8905 of title 46, United States Code, is amended by adding at 
the end the following new subsection: 
"(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. 1105. SERVICE IN CERTAIN SUITS IN ADMIRALTY. 
Section 2 of the Act of March 9, 1920 (popularly known as 
the Suits in Admiralty Act; 46 App. U.S.C. 742), is amended by 
striking "The libelant" and all that follows through "and such 
corporation.". 
SEC. 1106. AMENDMENTS TO THE JOHNSON ACT. 
(a) 
CALIFORNIA 
CRUISE INDUSTRY REVITALIZATION.—Section 
5(b)(2) of the Act of January 2, 1951 (15 U.S.C. 1175(b)(2)), com-
monly referred to as the "Johnson Act", is amended by adding 
at the end thereof the following: 
"(C) EXCLUSION OF CERTAIN VOYAGES AND SEGMENTS.— 
Except for a voyage or segment of a voyage that occurs 
withm the boimdaries of the State of Hawaii, a voyage 
or segment of a voyage is not described in subparagraph 
(B) if it includes or consists of a segment— 
"(i) that begins and ends in the same State; 
"(ii) that is pgirt of a voyage to £inother 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 begins.". 
110 STAT. 3968 
PUBLIC LAW 104-324—OCT. 19, 1996 
(b) AUTHORITY OF THE STATE OF INDIANA OVER VESSELS ON 
VOYAGES IN THE TERRITORIAL JURISDICTION OF THE STATE OF 
INDIANA.—Section 5(b)(1) of the Act of January 2, 1951 (15 U.S.C. 
1175(b)(1)), commonly known as the "Johnson Act", is amended— 
(1) in subparagraph (A) by striking "or" after the semicolon 
at the end; 
(2) in subparagraph (B) by striking the period at the end 
and inserting ": or"; and 
(3) by adding at the end the following new subparagraph: 
"(C) the repair, transport, possession, or use of a gam-
bling device on a vessel on a voyage that begins in the 
State of Indiana and that does not leave the territorial 
jurisdiction of that State, including such a voyage on Lake 
Michigan.". 
(c) APPLICABILITY TO CERTAIN VOYAGES IN ALASKA.—Section 
5 of the Act of January 2, 1951 (15 U.S.C. 1175), commonly referred 
to as the "Johnson Act", is amended by adding at the end the 
following new subsection: 
"(c) EXCEPTION.—(1) With respect to a vessel operating in 
Alaska, this section does not prohibit, nor may the State of Alaska 
make it a violation of law for there to occur, the repair, transport, 
possession, or use of any gambling device on board a vessel which 
provides sleeping accommodations for all of its passengers and 
that is on a voyage or segment of a voyage described in paragraph 
(2), except that such State may, within its boundaries— 
"(A) prohibit the use of a gambling device on a vessel 
while it is docked or anchored or while it is operating within 
3 nautical miles of a port at which it is scheduled to call; 
and 
"(B) require the gambling devices to remain on board the 
vessel. 
"(2) A voyage referred to in paragraph (1) is a voyage that— 
"(A) includes a stop in Canada or in a State other than 
the State of Alaska; 
"(B) includes stops in at least 2 different ports situated 
in the State of Alaska; and 
"(C) is of at least 60 hours duration.". 
SEC. 1107. LOWER COLUMBIA RIVER MARITIME FIRE AND SAFETY 
ACTIVITIES. 
The Secretary of Transportation is authorized to expend out 
of the amounts appropriated for the Coast Guard not more than 
$940,000 for lower Columbia River marine, fire, oil, and toxic spill 
response commimications, training, equipment, 
and 
program 
administration activities conducted by the Maritime Fire and Safety 
Association. 
SEC. 1108. OIL POLLUTION RESEARCH TRAINING. 
Section 7001(c)(2)(D) of the Oil Pollution Act of 1990 (33 U.S.C. 
2761(c)(2)(D)) is amended by striking "Texas;" and inserting "Texas, 
and the Center for Marine Training £ind Safety in Galveston, 
Texas;". 
SEC. 1109. LIMITATION ON RELOCATION OF HOUSTON AND GAL-
VESTON MARINE SAFETY OFFICES. 
The Secretary of Transportation may not relocate the Coast 
Guard Marine Safety Offices in Galveston, Texas, and Houston, 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3969 
Texas. Nothing in this section prevents the consolidation of manage-
ment functions of these Coast Guard authorities. 
SEC. 1110. UNINSPECTED FISH TENDER VESSELS. 
Section 3302 of title 46, United States Code, as amended by 
this Act, is further amended as follows: 
(1) Subsection (b) is amended by striking "A fishing vessel," 
and inserting "Except as provided in subsection (c)(3) of this 
section, a fishing vessel". 
(2) Subsection (c)(1) is amended by striking "A fish process-
ing vessel" and inserting "Except as provided in paragraph 
(3) of this subsection, a fish processing vessel". 
(3) Subsection (c)(2) is amended by striking "A fish tender 
vessel" and inserting "Except as provided in paragraphs (3) 
and (4) of this subsection, a fish tender vessel". 
(4) Subsection (c)(3) is amended to read as follows: 
"(3)(A) A fishing vessel or fish processing vessel is exempt 
from section 3301 (1), (6), and (7) of this title when transporting 
cargo (including fisheries-related cargo) to or from a place in Alaska 
if— 
"(i) that place does not receive weekly common carrier 
service by water from a place in the United States; 
"(ii) that place receives such common carrier service £ind 
the cargo is of a type not accepted by that common carrier 
service; or 
"(iii) the cargo is proprietary cargo owned by the owner 
of the vessel or any affiliated entity or subsidiary. 
"(B) A fish tender vessel of not more than 500 gross tons 
as measured luider section 14502 of this title, or an alternate 
tonnage measured under section 14302 of this title as prescribed 
by the Secretary luider section 14104 of this title, which is qualified 
to engage in the Aleutian trade is exempt fi*om section 3301 (1), 
(6), and (7) of this title when transporting cargo (including fisheries-
related cargo) to or fr-om a place in Alaska outside the Aleutian 
« 
trade geographic area if— 
"(i) that place does not receive weekly common carrier 
service by water from a place in the United States; 
"(ii) that place receives such common carrier service and 
the cargo is of a type not accepted by that common carrier 
service; or 
"(iii) the cargo is proprietary cargo owned by the owner 
of the vessel or any affiliated entity or subsidiary. 
"(C) In this paragraph, the term 'proprietary cargo' means 
cargo that— 
"(i) is used by the owner of the vessel or any affiliated 
entity or subsidiary in activities directly related to fishing 
or the processing of fish; 
"(ii) is consumed by employees of the owner of the vessel 
or any affiliated entity or subsidiary who are engaged in fishing 
or in the processing offish; or 
"(iii) consists of fish or fish products harvested or processed 
by the owner of the vessel or any affiliated entity or subsidiary. 
"(D) Notwithstanding the restrictions in subparagraph (B) of 
this paragraph, vessels qualifying under subparagraph (B) may 
transport cargo (including fishery-related products) fi*om a place 
in Alaska receiving weekly common carrier service by water to 
110 STAT. 3970 
PUBLIC LAW 104-324—OCT. 19, 1996 
a final destination in Alaska not receiving weekly service by water 
fi'om common carriers,". 
SEC. 1111. FOREIGN PASSENGER VESSEL USER FEES. 
Section 3303 of title 46, United States Code, is amended— 
(1) by striking "(a)" in subsection (a); £ind 
(2) by striking subsection (b). 
SEC. 1112. COAST GUARD USER FEES. 
(a) LIMITS ON USER FEES.—Section 10401(g) of the Omnibus 
Budget Reconciliation Act of 1990 (46 U.S.C. 2110(a)(2)) is amended 
by adding after "annually." the following: "The Secretary may not 
establish a fee or charge under paragraph (1) for inspection or 
examination of a small passenger vessel under this title that is 
more than $300 annually for such vessels under 65 feet in length, 
or more than $600 annually for such vessels 65 feet in length 
and greater.". 
(b) FERRY EXEMPTION.—Such section is further amended by 
adding at the end the following: "The Secretary may not establish 
a fee or charge under p£iragraph (1) for inspection or examination 
under this title for any publicly-owned ferry.". 
SEC. 1113. VESSEL FINANCING. 
(a) 
ELIMINATION 
OF MORTGAGEE 
RESTRICTIONS.—Section 
31322(a) of title 46, United States Code, is amended to read as 
follows: 
"(a) A preferred mortgage is a mortgage, whenever made, that— 
"(1) includes the whole of the vessel; 
"(2) is filed in substantial compliance with section 31321 
of this title; and 
"(3)(A) covers a documented vessel; or 
"(B) covers a vessel for which an application for documenta-
tion is filed that is in substantial compliance with the require-
ments of chapter 121 of this title and the regulations prescribed 
under that chapter.". 
(b) ELIMINATION OF TRUSTEE RESTRICTIONS.— 
(1) REPEAL.—Section 31328 of title 46, United States Code, 
is repealed. 
(2) CONFORMING AMENDMENTS.—Section 31330(b) of title 
46, United States Code, is amended in paragraphs (1), (2), 
and (3) by striking "31328 or" each place it appears. 
(3) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 313 of title 46, United States Code, is 
amended by striking the item relating to section 31328. 
(c) REMOVAL OF MORTGAGE RESTRICTIONS.—Section 9 of the 
Shipping Act, 1916 (46 App. U.S.C. 808), is amended— 
(1) in subsection (c)— 
(A) by striking "31328" and inserting "12106(e)"; and 
(B) in paragraph (1) by striking "mortgage," each place 
it appears; and 
(2) in subsection (d)— 
(A) in paragraph (1) by striking "treinsfer, or mortgage" 
and inserting "or transfer"; 
(B) in paragraph (2) by striking "transfers, or mort-
gages" and inserting "or transfers"; 
(C) in paragraph (3)(B) by striking "transfers, or mort-
gages" and inserting "or transfers"; and 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3971 
(D) in paragraph (4) by striking "transfers, or mort-
gages" and inserting "or transfers". 
(d) LEASING.—Section 12106 of title 46, United States Code, 
is amended by adding at the end the following: 
"(e)(1) A certificate of documentation for a vessel may be 
endorsed with a coastwise endorsement if— 
"(A) the vessel is eligible for documentation; 
"(B) the person that owns the vessel, a parent entity of 
that person, or a subsidiary of a parent entity of that person, 
is primarily engaged in leasing or other financing transactions; 
"(C) the vessel is under a demise charter to a person 
that certifies to the Secretary that the person is 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 a period of at least 3 years 
or a shorter period as may be prescribed by the Secretary; 
and 
"(E) the vessel is otherwise eligible for documentation under 
this section. 
"(2) The demise charter and any amendments to that charter 
shall be filed with the certificate required by this subsection, or 
within 10 days following the filing of an amendment to the charter, 
and such charter and amendments shall be made available to 
the public. 
"(3) Upon termination by a demise charterer required under 
paragraph (1)(C), the coastwise endorsement of the vessel may, 
in the sole discretion of the Secretary, be continued after the termi-
nation for default of the demise charter for a period not to exceed 
6 months on such terms and conditions as the Secretary may 
prescribe. 
"(4) For purposes of section 2 of the Shipping Act, 1916, and 
section 12102(a) of this title, a vessel meeting the criteria of this 
subsection is deemed to be owned exclusively by citizens of the 
United States.". 
(e) CONFORMING AMENDMENT.—Section 9(c) of the Shipping 
Act, 1916, as amended (46 App, U.S.C. 808(c)) is amended by 
striking "sections 31322(a)(1)(D)" and inserting "sections 12106(e), 
31322(a)(1)(D),". 
(f) STUDY AND REPORT.— 
46 use 12106 
(1) STUDY.—The Secretary of Transportation shall conduct i^ote. 
a study of the methods for leasing, demise chartering, and 
financing of vessels operating in the coastal trades of other 
countries and whether the laws of other countries provide reci-
procity for United States banks, leasing companies, or other 
financial institutions with respect to the rights granted under 
the amendment made by subsection (d). The study shall develop 
recommendations whether additional laws requiring reciprocity 
should be considered for non-United States banks, leasing 
companies, or other financial institutions, 
(2) REPORT.—^The Secretary shall submit to the Congress 
a report 1 year after the date of enactment of this Act of 
the results of the study required under paragraph (1), including 
recommendations developed in the study. 
SEC. 1114. MANNING AND WATCH REQUIREMENTS ON TOWING VES-
SELS ON THE GREAT LAKES. 
(a) Section 8104(c) of title 46, United States Code, is amended— 
110 STAT. 3972 
PUBLIC LAW 104-324—OCT. 19, 1996 
(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)" £uid inserting "subsection (d)". 
(c) Section 8104(g) of title 46, United States Code, is amended 
by striking "(except a vessel to which subsection (c) of this section 
applies)". 
SEC. 1115. 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 relat-
ing 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 
19 use 288. 
States (46 App. U.S.C. I l l , 123) is amended— 
(A) Dy striking "coastwise. Great Lakes endorsement" 
and all that follows through "foreign ports," and inserting 
"registry endorsement, engaged in foreign trade on the 
Great Lakes or their tributary or connecting waters in 
trade with Cemada,"; and 
(B) by striking ", as if from or to foreign ports". 
(5) Section 9302(a)(1) of title 46, United States Code, is 
amended by striking "subsections (d) and (e)" and inserting 
"subsections (d), (e), and (f)". 
(6) Section 9302(e) of title 46, United States Code, is 
amended by striking "subsections (a) and (b)" and inserting 
"subsection (a)". 
(7) Section 9302 of title 46, United States Code, is amended 
by adding at the end the following new subsection: 
"(f) A documented vessel regularly operating on the Great Lakes 
or between ports on the Great Lakes and the St. Lawrence River 
is exempt from the requirements of subsection (a) of this section.". 
SEC. 1116. RELIEF FROM UNITED STATES DOCUMENTATION REQUIRE-
MENTS. 
(a) IN GENERAL.—Notwithstanding any other law or any agree-
ment with the United States Government, a vessel described in 
subsection (b) may be transferred to or placed imder a foreign 
registry or sold to a person that is not a citizen of the United 
States and transferred to or placed under a foreign registry. 
(b) VESSELS DESCRIBED.—The vessels referred to in subsection 
(a) are the following: 
(1) MV PLATTE (United States official number 653210). 
(2) SOUTHERN (United States official number 591902). 
(3) ARZEW (United States official number 598727). 
(4) LAKE CHARLES (United States official 
number 
619531). 
(5) LOUISIANA (United States official number 619532). 
(6) GAMMA (United States official nimiber 598730). 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3973 
46 use 12101 
note. 
(7) BAY RIDGE (United States official number 600128). 
(8) COASTAL GOLDEN (United States official number 
598731). 
SEC. 1117. USE OF FOREIGN REGISTRY OIL SPILL RESPONSE VESSELS. 
Notwithst£inding any other provision of law, an oil spill 
response vessel documented under the laws of a foreign country 
may operate in waters of the United States on an emergency 
and temporary basis, for the purpose of recovering, transporting, 
and unloading in a United States port oil discharged as a result 
of an oil spill in or near those waters, if— 
(1) an adequate number smd type of oil spill response 
vessels documented under the laws of the United States cannot 
be engaged to recover oil from an oil spill in or near those 
waters in a timely manner, as determined by the Federal 
On-Scene Coordinator for a discharge or threat of a discharge 
of oil; and 
(2) that foreign country has by its laws accorded to vessels 
of the United States the same privileges accorded to vessels 
of that foreign country under this section. 
SEC. 1118. JUDICIAL SALE OF CERTAIN DOCUMENTED VESSELS TO 
ALIENS. 
Section 31329 of title 46, United States Code, is amended 
by adding at the end the following new subsection: 
"(f) This section does not apply to a documented vessel that 
has been operated only for pleasure.". 
SEC. 1119. IMPROVED AUTHORITY TO SELL RECYCLABLE MATERIAL. Regulations. 
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 materials for which the proceeds 
of sale will not exceed $5,000 under regulations prescribed by 
the Commandant". 
SEC. 1120. DOCUMENTATION OF CERTAIN VESSELS. 
(a) GENERAL CERTIFICATES.—Notwithstanding sections 12106, 
12107, and 12108 of title 46, United States Code, section 8 of 
the Act of June 19, 1886 (24 Stat. 81; chapter 421; 46 App. U.S.C. 
289), and section 27 of the Merchant Marine Act, 1920 (46 App. 
U.S.C. 883), as applicable on the date of enactment of this Act, 
the Secretary of Transportation may issue a certificate of docu-
mentation with appropriate endorsement for employment in the 
coastwise trade for the following vessels: 
(1) ABORIGINAL (United States official number 942118). 
(2) ALPHA TANGO (United States official number 945782). 
(3) ANNAPOLIS (United States official number 999008). 
(4) ARK (United States official number 912726). 
(5) AURA (United States official number 1027807). 
(6) BABS (United States official number 1030028). 
(7) BAGGER (State of Hawaii registration 
number 
HA1809E). 
(8) BAREFOOT'N (United States official number 619766). 
' 
(9) BARGE 76 (United States official number 1030612). 
(10) BARGE 77 (United States official number 1030613). 
- 
(11) BARGE 78 (United States official number 1030614). 
(12) BARGE 100 (United States official number 1030615). 
(13) BEACON (United States official number 501539). 
110 STAT. 3974 
PUBLIC LAW 104-324—OCT. 19, 1996 
(14) BEAR (United States official number 695002). 
(15) BEULA LEE (United States official number 928211). 
(16) BEWILDERED (United States official number 902354). 
(17) BIG DAD (United States official number 565022). 
(18) BILLY BUCK (United States official number 939064). 
(19) BROKEN PROMISE (United States official number 
904435). 
(20) CAPTAIN DARYL (United States official number 
580125). 
(21) CAROLYN (State of Tennessee registration number 
TN1765C). 
(22) CHARLOTTE (State of Maryland certification number 
MD1397AM). 
(23) CHESAPEAKE (United States official number 999010). 
(24) CHRISSY (State of Maine registration certification 
number ME4778B). 
(25) COLT INTERNATIONAL (United States official num-
ber 913637). 
(26) CONSORT (United States official number 999005). 
(27) CONSORTIUM (British registration number 303328). 
(28) COURIER SERVICE (Vanuatu registration number 
688). 
(29) CURTIS BAY (United States official number 999007). 
(30) DAMN YANKEE (United States official 
number 
263611). 
(31) DANTE (United States official number 556188). 
(32) DELTA KING (United States official number 225874). 
(33) DORDY III (United States official number 286553). 
(34) 
DRAGONESSA 
(United 
States 
official 
number 
646512). 
(35) EAGLE MAR (United States official number 575349). 
(36) EMERALD AYES (United States official number 
986099) 
(37) EMMA (United States official number 946449). 
(38) EMPRESS (United States official number 975018). 
(39) ENDEAVOUR (United States official number 947869). 
(40) EVENING STAR (State of Hawaii registration number 
HA8337D). 
(41) EXPLORER (United States official number 918080). 
(42) EXTREME (United States official number 1022278). 
(43) 
EXUBERANCE 
(United 
States 
official 
number 
698516). 
(44) FIFTY ONE (United States official number 1020419). 
(45) FINESSE (State of Florida registration number 7148). 
(46) FOCUS (United States official number 909293). 
(47) FREJA VIKING (Danish registration number A395). 
(48) 3 barges owned by the Harbor Maine Corporation 
(a corporation organized under the laws of the State of Rhode 
Islgmd) and referred to by that company as Harbor 221, Harbor 
223, and Gene EUzabeth. 
(49) GIBRALTAR (United States official number 668634). 
(50) GLEAM (United States official number 921594). 
(51) GOD'S GRACE II (State of Alaska registration number 
AK5916B). 
(52) HALCYON (United States official number 690219). 
(53) HAMPTON ROADS (United States official number 
999009). 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3975 
(54) HERCO TYME (United States official number 911599). 
(55) HER WEIGH (United States official number 919074). 
(56) HIGH HOPES (United States official number 935174). 
(57) HIGH HOPES II (United States official number 
959439). 
(58) HOPTOAD (Hull Identification number 528162 NET 
12). 
(59) HOT WATER (United States official number 965985). 
(60) IDUN VIKING (Danish registration number A433). 
(61) INTREPID (United States official number 508185). 
(62) ISABELLE (United States official number 600655). 
(63) ISLAND STAR (United States official number 673537). 
(64) JAJO (Hull ID number R1Z200207H280). 
(65) JAMESTOWN (United States official number 999006). 
(66) JIVE DEVIL (United States official number 685348). 
(67) JOAN MARIE (State of North Carolina registration 
number NC2319AV). 
(68) KALYPSO (United States official number 566349). 
(69) KARMA (United States official number 661709). 
(70) LADY HAWK (United States official number 961095). 
(71) LIBERTY (United States official number 375248). 
(72) LIV VIKING (Danish registration number A394). 
(73) WV MARION C II (United States official number 
570892). 
(74) MAGIC CARPET (United States official 
number 
278971). 
(75) MAGIC MOMENTS (United States official number 
653689). 
(76) MADRINE (United States official number 663842). 
(77) MARALINDA (State of Florida registration number 
C023203—97) 
(78) MARANTHA (United States official number 638787). 
(79) 
MARSH 
GRASS 
II 
(Hull 
ID 
number 
AUKEV51139K690). 
(80) MEMORY MAKER (Hull No 3151059, State of Mary-
land registration number MD8867AW). 
(81) MOONRAKER (United States official number 645981). 
(82) MORGAN (State of Ohio registration number OH-
0358-EA). 
(83) MOVIN ON (United States official number 585100). 
(84) MY LITTLE SHIP (State of Washington registration 
number WN9979MF5). 
(85) NAMASTE (United States official number 594472). 
(86) OLD HAT (United States official number 508299). 
(87) ONRUST (United States official number 515058). 
(88) PAUL JOHANSEN (United States official number 
1033607). 
(89) PHOENIX (United States official number 940997). 
(90) PLAY HARD (State of North Carolina registration 
number NC1083CE). 
(91) POLICY MAKER III (United States official number 
569223) 
(92) PRIME TIME (United States official number 660944). 
(93) QUIET SQUAW (United States official 
number 
998717). 
(94) QUIETLY (United States official number 658315). 
110 STAT. 3976 
PUBLIC LAW 104-324—OCT. 19, 1996 
(95) QUINTESSENCE (United States official 
number 
934393). 
(96) RAFFLES LIGHT (United States official number 
501584). 
(97) RAINBOWS END (United States official number 
1026899; Hull ID number MY13708C787). 
(98) RATTLESNAKE 
(Canadian 
registration 
number 
802702). 
(99) REEL TOY (United States official number 698383). 
(100) RELENTLESS 
(United 
States 
official 
number 
287008). 
(101) 2 barges owned by Roen Salvage (a corporation orga-
nized imder the laws of the State of Wisconsin) and nmnbered 
by that company as barge 103 and barge 203. 
(102) ROYAL AFFAIRE (United States official number 
649292). 
(103) SALLIE D (State of Maryland registration number 
MD2655A). 
(104) SARAH-CHRISTEN (United States official number 
342195). 
(105) SEA MISTRESS (United States official number 
696806). 
(106) SEA SISTER (United States official number 951817). 
(107) SERENITY (United States official number 1021393). 
(108) SHAKA MARU (United States official 
number 
983176). 
(109) SHAMROCK V (United States official 
number 
900936). 
(110) SHOGUN (United States official number 577839). 
(111) SISU (United States official number 293648). 
(112) SMALLEY (6808 Amphibious Dredge: State of Florida 
registration number FL1855FF). 
(113) SNOW HAWK (United States official number 955-
637). 
(114) SOUTHERN CRUZ (United States official number 
556797). 
(115) SUNDOWN (United States official number 293434). 
(116) SUNRISE (United States official number 950381). 
(117) TECUMSEH (United States official number 668633). 
(118) THE SUMMER WIND (United States official number 
905819). 
(119) TIVOLI (United States official number 582516). 
(120) TOO MUCH FUN (United States official number 
936565). 
(121) TOP GUN (United States official number 623642). 
(122) TRIAD (United States official number 988602). 
(123) TWO CAN (United States official number 932361). 
(124) VICTORIA CLIPPER II (United States official num-
ber 725338). 
(125) WATERFRONT PROPERTY (United States official 
niraiber 987686). 
(126) WESTFJORD (Hull ID number X-53-109). 
(127) WESTERN ATLANTIC (Panamanian registration 
niunber 10484r-80-CEO). 
(128) WHITE WING (United States official 
number 
283818). 
(129) WHY KNOT (United States official number 688570). 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3977 
(130) WOLF GANG II (United States official number 
984934). 
(131) YES DEAR (United States official number 578550). 
(132) Former United States military vessels, as follows: 
(A) LACV-30 hovercraft hulls numbered 1 through 
26. 
(B) AP-188 hovercraft hulls numbered 8701 and 8901. 
For the purposes of chapter 121 of title 46, United States 
Code, and section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883), the engine twin paks, the thrust and Uft 
engines, and all spsire parts, appurtenances, and accessories 
transferred by the United States with the vessels referred 
to in this psiragraph are deemed to have been built in the 
United States. 
(b) MA^ TWIN DRILL.—Section 601(d) of the Coast Guard 
Authorization Act of 1993 (PubUc Law 103-206) is amended— 
107 Stat. 2443. 
(1) in paragraph (3) by striking "Jime 30, 1995" and insert-
ing "June 30,1998^'; and 
(2) in pgiragraph (4)— 
(A) by striking "12 months" and inserting "36 months"; 
and 
(B) by inserting "or convert under the same terms 
and conditions as provided in paragraphs (1) and (2)" after 
"construct"; and 
(3) in paragraph (5) by striking "constructed" and inserting 
"deUvered'" 
(c) CERTIFICATES OF DOCUMENTATION FOR GALLANT LADY.— 
(1) IN GENERAL.—Notwithstanding section 27 of the Mer-
chant Marine Act, 1920 (46 App. U.S.C. 883), section 8 of 
the Act of June 19, 1886 (24 Stat. 81, chapter 421; 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 documentation with an appropriate 
endorsement for employment in coastwise trade 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 
imder a certificate of documentation issued for a vessel under 
this section shall be limited to the carriage of passengers in 
association with 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 a certificate 
of documentation for a vessel under paragraph (1) unless, not 
later than 90 days after the date of enactment of this Act, 
the owner of the vessel referred to in pgiragraph (1)(B) submits 
to the Secretary a letter expressing the intent of the owner 
to, before April 1, 1998, enter into a contract for the construc-
tion in the United States of a passenger vessel of at least 
130 feet in length. 
(4) EFFECTIVE DATE OF CERTIFICATES.—A certificate of docu-
mentation issued under psiragraph (1) shall take effect— 
(A) for the vessel referred to in paragraph (1)(A), on 
the date of the issuance of the certificate; and 
110 STAT. 3978 
PUBLIC LAW 104-324—OCT. 19, 1996 
(B) for the vessel referred to in paragraph (1)(B), on 
the date of delivery of the vessel to the owner, 
(5) TERMINATION OF EFFECTIVENESS OF CERTIFICATES.—A 
certificate of documentation issued for a vessel under paragraph 
(1) shall expire— 
(A) on the date of the sale of the vessel by the owner; 
(B) on April 1, 1998, if the owner of the vessel referred 
to in paragraph (1)(B) has not entered into a contract 
for construction of a vessel in accordance with the letter 
of intent submitted to the Secretary under paragraph (3); 
or 
(C) on such date as a contract referred to in paragraph 
(2) is breached, rescinded, or terminated (other than for 
completion of performance of the contract) by the owner 
of the vessel referred to in paragraph (1)(B). 
(d) CERTIFICATES OF DOCUMENTATION FOR ENCHANTED ISLE 
AND ENCHANTED SEAS.—Notwithstanding section 27 of the Mer-
chant 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 Transportation may issue certificates 
of documentation with a coastwise endorsement for the vessels 
ENCHANTED ISLE (Panamanian official number 14087-84B) and 
ENCHANTED SEAS (Panamanian official number 14064-84D), 
except that the vessels may not operate between or among islands 
in the State of Hawaii. 
(e) EXCEPTION TO CHAIN OF TITLE RESTRICTION.—Section 27 
of the Merchant Marine Act, 1920 (46 App. U.S.C. 883) is amended 
in the first proviso after "no vessel" by inserting "of more than 
200 gross tons (as measured under chapter 143 of title 46, United 
States Code)". 
46 use 883 note. 
(f) CERTIFICATE OF DOCUMENTATION FOR A LIQUIFIED GAS 
TANKER.—Notwithstanding section 27 of the Merchant Msirine Act, 
1920 (46 App. U.S.C. 883), 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 Govern-
ment, the Secretary of Transportation may issue a certificate of 
documentation with a coastwise endorsement for a vessel to trans-
port liquified natural gas or liquified petroleum gas to the Common-
wealth of Puerto Rico fi-om other ports in the United States, if 
the vessel— 
(1) is a foreign built vessel that was built prior to the 
date of enactment of this Act; or 
(2) is documented under chapter 121 of title 46, United 
States Code, before the date of enactment of this Act, even 
if the vessel is placed under a foreign registry and subsequently 
redocumented under that chapter for operation under this sec-
tion. 
(g) VESSELS DEEMED CONSTRUCTED IN UNITED STATES.—Not-
withstanding any other provision of law, the coastwise qualified 
vessels COASTAL SEA (United States official number 666754), 
COASTAL NOMAD (United States official number 686157), and 
COASTAL MERCHANT (United States official number 1038382) 
are deemed to have been constructed in the United States as 
of the date of their original delivery. 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3979 
Gi) LIMITED WAIVER FOR THE TUG M V JANIS GUZZLE.—Notwith-
standing any other law or any agreement with the United States 
Government, the tug MV JANIS GUZZLE (ex-G.R. MOIR; United 
States official number 608018) may be permanently operated in 
the domestic trade of the United States upon the repayment of 
$1,140,619 to the Secretary of Transportation. 
(i) REGENT RAINBOW.—Notwithstanding section 27 of the Mer-
chant Marine Act, 1920 (46 App. U.S.C. 883), section 8 of 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 Transportation may issue a 
certificate of documentation with appropriate endorsement for 
employment in the coastwise trade for the vessel REGENT RAIN-
BOW (Bahamas official number 715557), after the completion of 
the sale of the REGENT RAINBOW to an operator of another 
passenger vessel measuring more that 20,000 gross tons that on 
the day before the date of the enactment of this Act is in operation 
with a coastwise endorsement. 
(j) MILITARY HOVERCRAFT.—Notwithstanding any other provi-
sion of law, the Administrator of General Services shall waive 
all conditions and restrictions relating to transfer or use of the 
property described in subsection (a)(132) (including the engine twin 
paks, the thrust and lift engines, and all spare parts, appurtensinces, 
and accessories referred to in that subsection) and shall transfer 
luiconditional £ind unrestricted title to EJI such property to the 
recipient eligible donee. 
SEC. 1121. VESSEL DEEMED TO BE A RECREATIONAL VESSEL. 
(a) IN GENERAL.—The vessel described in subsection (b) is 
deemed for all purposes, including title 46, United States Code, 
and all regulations thereunder, to be a recreational vessel of less 
than 300 gross tons, if— 
(1) it does not carry cargo or passengers for hire; and 
(2) it does not engage in commercial fisheries or oceano-
graphic research. 
(b) VESSEL DESCRIBED.—The vessel referred to in subsection 
(a) is an approximately 96 meter twin screw motor yacht, the 
construction of which commenced in October, 1993, and that has 
been assigned the builder's number 13583 (to be named the LIMIT-
LESS). 
SEC. 1122. SMALL PASSENGER VESSEL PILOT INSPECTION PROGRAM 
46 USC 3301 
WITH THE STATE OF MINNESOTA. 
note. 
(a) IN GENERAL.—^The Secretary may enter into an agreement 
with the State under which the State may inspect small passenger 
vessels operating in waters of that State designated by the Sec-
retary, if— 
(1) the State plan for the inspection of small passenger 
vessels meets such requirements as the Secretary may require 
to ensure the safety smd operation of such vessels in accordance 
with the standards that would apply if the Coast Guard were 
inspecting such vessels; and 
(2) the State will provide such information 
obtained 
through the inspection program to the Secretary annually in 
such form and in such detail as the Secretary may require. 
(b) FEES.—^The Secretary may adjust or waive the user fee 
imposed under section 3317 of title 46, United States Code, for 
110 STAT. 3980 
PUBLIC LAW 104-324—OCT. 19, 1996 
the inspection of small passenger vessels inspected under the State 
program. 
(c) TERMINATION,—^The authority provided by subsection (a) 
terminates on December 31, 1999. 
(d) DEFINITIONS.—For purposes of this section— 
(1) SECRETARY.—The term "Secretary^' means the Secretary 
of the department in which the Coast Guard is operating. 
(2) STATE.—The term "State" means the State of Min-
nesota. 
(3) SMALL PASSENGER VESSEL.—The term "small passenger 
vessel" means a small passenger vessel (as defined in section 
2101(35) of title 46, TJnited States Code) of not more than 
40 feet overall in length. 
SEC. 1123. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS 
FISHING. 
Section 8103(i)(l) of title 46, United States Code, is amended— 
(1) by striking "or" in subparagraph (B); 
(2) by striking the period at the end of subparagraph (C) 
and inserting a semicolon and "or"; and 
(3) by adding at the end thereof the following: 
"(D) an alien allowed to be employed under the immigration 
laws of the Commonwealth of the Northern Mariana Islands 
if the vessel is permanently stationed at a port within the 
Commonwealth and the vessel is engaged in the fisheries within 
the exclusive economic zone surrounding the Commonwealth 
or another United States territory or possession.". 
SEC. 1124. AVAILABILITY 
OF 
EXTRAJUDICIAL 
REMEDIES 
FOR 
DEFAULT ON PREFERRED MORTGAGE LIENS ON VES-
SELS. 
(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 "mort-
gage may" and inserting "mortgagee ma)^'; 
(2) in paragraph (1) by— 
(A) striking "perferred" and inserting "preferred"; and 
(B) striking "; and" and inserting a semicolon; 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 chap-
ter 121 of this title, a foreigi vessel, or a mortgagor, maker, 
comaker, or guarantor for the amount of the outstanding indebt-
edness or any deficiency in full pa)rment of that indebtedness, 
if— 
"(A) the remedy is allowed under applicable law; £ind 
"(B) the exercise of the remedy will not result 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 proposed transfer to the Secretary, 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3981 
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 subsection shall 
not affect the transfer of title to a vessel. However, the rights 
of any holder of a maritime lien or a preferred mortgage on the 
vessel shall not be affected by a transfer of title by an extrajudicial 
remedy exercised under this section, regardless of whether notice 
is required by this subsection or given. 
"(3) The Secretary shall prescribe regulations establishing the 
time and manner for providing notice under this subsection.". 
(c) RULE OF CONSTRUCTION.—The amendments made by sub- 46 use 31325 
sections (a) and (b) may not be construed to imply that remedies note. 
other than judicial remedies were not available before the date 
of enactment of this section to enforce claims for outstanding indebt-
edness secured by mortgaged vessels. 
SEC. 1125. OFFSHORE 
FACILITY 
FINANCIAL 
RESPONSIBILITY 
REQUIREMENTS. 
(a) AMOUNT OF FINANCIAL RESPONSIBILITY.—Section 1016 
of 
the Oil Pollution Act of 1990 (33 U.S.C. 2716) is amended— 
(1) by amending subsection (c)(1) to read as follows: 
"(1) IN GENERAL.— 
"(A) 
EVIDENCE 
OF 
FINANCIAL 
RESPONSIBILITY 
REQUIRED.—Except as provided in paragraph (2), a respon-
sible party with respect to an offshore facility that— 
"(i)(I) is located seaward of the line of ordinary 
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; or 
"(ID is located in coastal inland waters, such as 
bays or estuaries, seaward of the line of ordinary low 
water along that portion of the coast that is not in 
direct contact with the open sea; 
"(ii) is used for exploring for, drilling for, produc-
ing, or transporting oil from facilities engaged in oil 
exploration, drilling, or production; and 
"(iii) has a worst-case oil spill discharge potential 
of more than 1,000 barrels of oil (or a lesser amount 
if the President determines that the risks posed by 
such facility justify it), 
shall establish and maintain evidence of financial respon-
sibility in the amount required under subparagraph (B) 
or (C), as applicable. 
"(B) AMOUNT REQUIRED GENERALLY.—Except as pro-
vided in subparagraph (C), the amount of financial respon-
sibility for offshore facilities that meet the criteria of 
subparagraph (A) is— 
"(i) $35,000,000 for an offshore facihty located sea-
ward of the seaward boundary of a State; or 
"(ii) $10,000,000 for an offshore facility located 
landward of the seaward boundary of a State. 
"(C) GREATER AMOUNT.—If the President determines 
that an amount of financial responsibility for a responsible 
110 STAT. 3982 
PUBLIC LAW 104-324—OCT. 19, 1996 
President. 
party greater than the amount required by subparagraph 
(B) is justified based on the relative operational, environ-
mental, human health, and other risks posed by the quan-
tity or quality of oil that is explored for, drilled for, pro-
duced, or transported by the responsible psirty, the evidence 
of financial responsibility required shall be for an amount 
determined by the President not exceeding $150,000,000. 
"(D) MULTIPLE FACILITIES.—In a case in which a person 
is a responsible party for more than one facility subject 
to this subsection, evidence of financial responsibility need 
be established only to meet the amount applicable to the 
facility having the greatest financial responsibility require-
ment under this subsection. 
"(E) DEFINITION.—For the purpose of this paragraph, 
the seaward boundsiry of a State shall be determined in 
accordance with section 2(b) of the Submerged Lands Act 
(43 U.S.C. 1301(b))."; 
(2) by amending subsection (f) to read as follows: 
"(f) CLAIMS AGAINST GUARANTOR.— 
"(1) IN GENERAL.—Subject to paragraph (2), a claim for 
which liability may be established under section 1002 may 
be asserted directly against any guarantor providing evidence 
of financial responsibility for a responsible party liable under 
that section for removal costs and damages to which the clsdm 
pertains. In defending against such a claim, the guarantor 
may invoke— 
"(A) all rights and defenses which would be available 
to the responsible party under this Act; 
"(B) any defense authorized under subsection (e); and 
"(C) the defense that the incident was caused by the 
willful misconduct of the responsible party. 
The guarantor may not invoke any other defense that might 
be available in proceedings brought by the responsible party 
against the guarantor, 
"(2) FURTHER REQUIREMENT.—A claim may be asserted 
pursuant to paragraph (1) directly against a guarantor provid-
ing evidence of financisd responsibility under subsection (c)(1) 
with respect to an offshore facility only if— 
"(A) the responsible party for whom evidence of finan-
cial responsibility has been provided has denied or failed 
to pay a claim under this Act on the basis of being insol-
vent, as defined imder section 101(32) of title 11, United 
States Code, £ind applying generally accepted accounting 
principles; 
"(B) the responsible party for whom evidence of finem-
cial responsibility has been provided has filed a petition 
for bankruptcy under title 11, United States Code; or 
"(C) the claim is asserted by the United States for 
removal costs and damages or for compensation paid by 
the Fund imder this Act, including costs incurred by the 
Fund for processing compensation claims. 
"(3) RULEMAKING AUTHORITY.—Not later than 1 year afl;er 
the date of enactment of this paragraph, the President shall 
promulgate regulations to establish a process for implementing 
paragraph (2) in a manner that will allow for the orderly 
and expeditious presentation and resolution of claims and effec-
tuate the purposes of this Act."; and 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3983 
(3) by amending subsection (g) to read as follows: 
"(g) LIMITATION ON GUARANTOR S LIABILITY.—Nothing in this 
Act shall impose liability with respect to an incident on any guaran-
tor for damages or removal costs which exceed, in the aggregate, 
the amount of financial responsibility which that guarantor has 
provided for a responsible party pursuant to this section. The total 
liability of the guarantor on direct action for claims brought under 
this Act with respect to an incident shall be limited to that 
amount.". 
(b) LIMITATION ON APPLICATION.—The amendment made by 33 use 2716 
subsection (a)(2) shall not apply to any final rule issued before note. 
the date of enactment of this section. 
SEC. 1126. DEAUTHORIZATION OF NAVIGATION PROJECT, COHASSET 
HARBOR, MASSACHUSETTS. 
The following portions of the project for navigation, Cohasset 
Harbor, Massachusetts, authorized by section 2 of the Act entitled 
"An Act authorizing the construction, repair, and preservation of 
certain public works on rivers and harbors, and for other purposes", 
approved March 2, 1945 (59 Stat. 12), or carried out pursuant 
to section 107 of the River and Harbor Act of 1960 (33 U.S.C. 
577), are deauthorized: A 7-foot deep anchorage and a 6-foot deep 
anchorage; beginning at site 1, starting at a point N453510.15, 
E792664.63, thence running south 53 degrees 07 minutes 05.4 
seconds west 307.00 feet to a point N453325.90, E792419.07, thence 
running north 57 degrees 56 minutes 36.8 seconds west 201.00 
feet to a point N453432.58, E792248.72, thence running south 88 
degrees 57 minutes 25.6 seconds west 50.00 feet to a point 
N453431.67, E792198.73, thence running north 01 degree 02 min-
utes 52.3 seconds west 66.71 feet to a point N453498.37, 
E792197.51, thence running north 69 degrees 12 minutes 52.3 
seconds east 332.32 feet to a point N453616.30, E792508.20, thence 
running south 55 degrees 50 minutes 24.1 seconds east 189.05 
feet to point of origin; then site 2, starting at a point, N452886.64, 
E791287.83, thence running south 00 degrees 00 minutes 00.0 
seconds west 56.04 feet to a point, N452830.60, E791287.83, thence 
running north 90 degrees 00 minutes 00.0 seconds west 101.92 
feet to a point, N452830.60, E791185.91, thence running north 
52 degrees 12 minutes 49.7 seconds east 89.42 feet to a point, 
N452885.39, E791256.58, thence running north 87 degrees 42 min-
utes 33.8 seconds east 31.28 feet to point of origin; and site 3, 
starting at a point, N452261.08, E792040.24, thence running north 
89 degrees 07 minutes 19.5 seconds east 118.78 feet to a point, 
N452262.90, E792159.01, thence running south 43 degrees 39 min-
utes 06.8 seconds west 40.27 feet to a point, N452233.76, 
E792131.21, thence running north 74 degrees 33 minutes 29.1 
seconds west 94.42 feet to a point, N452258.90, E792040.20, thence 
running north 01 degree 03 minutes 04.3 seconds east 2.18 feet 
to point of origin. 
SEC. 1127. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE. 
14 USC 92 note. 
(a) 
PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—It is the sense of the Congress that, to the greatest extent 
practicable, all equipment and prcducts purchased with funds made 
available under this Act should be American-made. 
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing finan-
cial assistance under this Act, the ofGcial responsible for providing 
the assistance, to the greatest extent practicable, shall provide 
29-194 O - 96 - 6 : QL 3 Part 6 
110 STAT. 3984 
PUBLIC LAW 104-324—OCT. 19, 1996 
to each recipient of the assistance a notice describing the statement 
made in subsection (a) by the Congress, 
SEC. 1128. REQUIREMENT FOR PROCUREMENT OF BUOY CHAIN. 
(a) REQUIREMENT.—Chapter 5 of title 14, United States Code, 
as amended by section 311 of this Act, is further amended by 
adding at the end the following: 
"§ 97. Procurement of buoy chain 
"(a) Except as provided in subsection (b), the Coast Guard 
, 
may not procure buoy chain— 
"(1) that is not manufactured in the United States; or 
"(2) substantially all of the components of which are not 
produced or manufactured in the United States. 
"(b) The Coast Guard may procure buoy chain that is not 
manufactured in the United States if the Secretary determines 
thai>-
"(1) the price of buoy chain manufactured in the United 
States is unreasonable; or 
"(2) emergency circumstances exist.". 
(b) CLERICAL AMENDMENT.—The table of sections for chapter 
5 of title 14, United States Code, as amended by section 311 
of this Act, is further amended by adding at the end the following: 
"97. Procurement of buoy chain.". 
SEC. 1129. CRUISE SHIP LIABILITY. 
(a) APPLICABILITY OF STATUTORY LIMITATIONS.—Section 4283 
of the Revised Statutes (46 App. U.S.C. 183) is amended by adding 
at the end the following new subsection: 
"(g) In a suit by any person in which the operator or owner 
of a vessel or employer of a crewmember is claimed to have vicarious 
liability for medical malpractice with regard to a crewmember occur-
ring at a shoreside facility, and to the extent the damages resulted 
from the conduct of any shoreside doctor, hospital, medical facility, 
or other health care provider, such operator, owner, or employer 
shall be entitled to rely upon any and all statutory limitations 
of liability applicable to the doctor, hospital, medical facility, or 
other health care provider in the State of the United States in 
which the shoreside medical care was provided.". 
(b) CONTRACT LIMITATIONS ALLOWED.—Section 4283b of the 
Revised Statutes of the United States (46 App. U.S.C. 183c) is 
amended by redesignating the existing text as subsection (a) £ind 
by adding at the end the following new subsection: 
"(b)(1) Subsection (a) shall not prohibit provisions or limitations 
in contracts, agreements, or ticket conditions of carriage with pas-
sengers which relieve a crewmember, manager, agent, master, 
owner, or operator of a vessel from liability for infliction of emotional 
distress, mental suffering, or psychological injury so long as such 
provisions or limitations do not limit such liability if the emotional 
distress, mental suffering, or psychological injury was— 
"(A) the result of physical injury to the claimant caused 
by the negligence or fault of a crewmember or the manager, 
agent, master, owner, or operator; 
"(B) the result of the claimant having been at actual risk 
of physical injury, and such risk was caused by the negligence 
or fault of a crewmember or the manager, agent, master, owner, 
or operator; or 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3985 
"(C) intentionally inflicted by a crewmember or the man-
ager, agent, master, owner, or operator. 
"(2) Nothing in this subsection is intended to limit the liability 
of a crewmember or the manager, agent, master, owner, or operator 
of a vessel in a case involving sexual harassment, sexual assault, 
or rape.". 
SEC. 1130. SENSE OF CONGRESS ON THE IMPLEMENTATION OF REGU- 33 USC 2720 
LATIONS REGARDING ANIMAL FATS AND VEGETABLE 
note. 
OILS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that, 
in £in effort to reduce unnecessary regulatory burdens, a regulation 
issued or enforced and an interpretation or guideline established 
pursuant to Public Law 104-55 should in any manner possible 
recognize and provide for the differences in the physical, chemical, 
biological, and other properties, and in the environmental effects, 
of the classes of fats, oils, and greases described under that law. 
(b) REPORT.—^Within 60 days after the date of enactment of 
this section and on January 1 of each year thereafter, the SecretEiry 
of Transportation shall submit a report to Congress on the extent 
to which the implementation by the United States Coast GuEird 
of regulations issued or enforced, or interpretations or guidelines 
established, pursuant to Public Law 104-55, carry out the intent 
of Congress and recognize and provide for the differences in the 
physical, chemical, biological, and other properties, and in the 
environmental effects, of the classes of fats, oils, and greases 
described under that law. 
SEC. 1131. TERM OF DIRECTOR OF THE BUREAU OF TRANSPORTATION 
STATISTICS. 
Section 111(b)(4) of title 49, United States Code, is amended 
by adding at the end the following sentence: "The Director may 
continue to serve after the expiration of the term until a successor 
is appointed and confirmed.". 
SEC. 1132. WAIVER OF CERTAIN REQUIREMENTS FOR HISTORIC 
FORMER PRESIDENTIAL YACHT SEQUOIA. 
The vessel MA^ SEQUOIA (United States official number 
225115) is deemed to be less than 100 gross tons, and the Secretary 
of Transportation may exempt that vessel from certain requirements 
of section 3306 of title 46, United States Code, and the regulations 
thereunder. The Secretary may impose special operating restrictions 
on that vessel as to route, service, manning, and equipment, nec-
essary for the safe operation of that vessel. 
SEC. 1133. VESSEL REQUIREMENTS. 
Section 3503(a) of title 46, United States Code, is amended 
by striking the last sentence and inserting in lieu thereof the 
following: "Before November 1, 2008, this section does not apply 
to any vessel in operation before January 1, 1968, £ind operating 
only within the Boundary Line.". 
SEC. 1134. EXISTING TANK VESSEL RESEARCH. 
46 USC 3703 
(a) FUNDING.—^The Secretary of Transportation shall take steps 
to allocate funds appropriated for research, development, testing, 
and evaluation, including the combination of funds from any source 
available and authorized for this purpose, to ensure that any 
Government-sponsored project intended to evaluate double hull 
110 STAT. 3986 
PUBLIC LAW 104-324—OCT. 19, 1996 
alternatives that provide equal or greater protection to the marine 
environment, or interim solutions to remediate potential environ-
mental damage resulting from oil spills from existing tank vessels, 
commenced prior to the date of enactment of this section, is fiiUy 
funded for completion by the end of fiscal year 1997. Any vessel 
construction or repair necessary to carry out the purpose of this 
section must be performed in a shipyard located in the United 
States. 
(b) USE OF PUBLIC VESSELS.—^The Secretary may provide ves-
sels owned by, or demise chartered to, and operated by the Govern-
ment and not engaged in commercial service, without reimburse-
ment, for use in and the support of projects sponsored by the 
Government for research, development, testing, evaluation, and 
demonstration of new or improved technologies that are effective 
in preventing or mitigating oil discharges and protecting the 
environment. 
SEC. 1135. PLAN FOR THE ENGINEERING, 
DESIGN, AND RETRO-
FITTING OF THE ICEBREAKER MACKINAW. 
(a) IN GENERAL.—Not later than May 1, 1997, the Secretary 
of the department in which the Coast Guard is operating shall 
submit to the Committees a plan and cost estimate for the engineer-
ing, design, and retrofitting of the icebreaker MACKINAW (WAGB-
83) to equip the vessel with new engines, command and control 
features, habitability improvements, and other features needed to 
allow operation of the vessel by a significantly reduced crew, includ-
ing 24-nour continuous operation when necessary. 
(b) 
COMMITTEES 
DEFINED.—In 
subsection (a), the term 
"Committees" means the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate. 
SEC. 1136. CROSS-BORDER FINANCING. 
(a) DOCUMENTATION OF VESSELS OWNED BY TRUSTS.—Section 
12102 of title 46, United States Code, is amended by adding at 
the end the following new subsection: 
"(d)(1) For the issuance of a certificate of documentation with 
only a registry endorsement, subsection (a)(2)(A) of this section 
does not apply to a beneficiary of a trust that is qualified under 
paragraph (2) of this subsection if the vessel is subject to a charter 
to a citizen of the United States, 
"(2)(A) Subject to subparagraph (B) of this paragraph, a trust 
is qualified under this paragraph with respect to a vessel only 
if— 
"(i) each of the trustees is a citizen of the United States; 
and 
"(ii) the application for documentation of the vessel includes 
the affidavit of each trustee stating that the trustee is not 
aware of any reason involving a beneficiary of the trust that 
is not a citizen of the United States, or involving any other 
person that is not a citizen of the United States, as a result 
of which the beneficiary or other person would hold more than 
25 percent of the aggregate power to influence or limit the 
exercise of the authority of the trustee with respect to matters 
involving any ownership or operation of the vessel that may 
adversely affect the interests of the United States. 
"(B) If any person that is not a citizen of the United States 
has authority to direct or participate in directing a trustee for 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3987 
a trust in matters involving any ownership or operation of the 
vessel that may adversely affect the interests of the United States 
or in removing a trustee for a trust without cause, either directly 
or indirectly through the control of another person, the trust is 
not qualified under this paragraph unless the trust instrument 
provides that persons who are not citizens of the United States 
may not hold more than 25 percent of the aggregate authority 
to so direct or remove a trustee. 
"(3) Paragraph (2) of this subsection shall not be considered 
to prohibit a person who is not a citizen of the United States 
from holding more than 25 percent of the beneficial interest in 
a trust. 
"(4) If a person ch£irtering a vessel fi*om a trust that is qualified 
under paragraph (2) of this subsection is a citizen of the United 
States under section 2 of the Shipping Act, 1916 (46 App. U.S.C. 
802), then the vessel is deemed to be owned by a citizen of the 
United States for purposes of that section and related laws, except 
for subtitle B of title VI of the Merchant Marine Act, 1936.". 
(b) APPROVAL OF CERTAIN VESSEL TRANSACTIONS BEFORE DOCU-
MENTATION OF THE VESSEL.—Section 9 of the Shipping Act, 1916 
(46 App. U.S.C. 808) is amended by adding at the end the following 
new subsection: 
"(e) To promote financing with respect to a vessel to be docu-
mented under chapter 121 of title 46, United States Code, the 
Secretary may grant approval under subsection (c) before the date 
the vessel is documented.". 
(c) TRUST CHARTERERS.—Notwithstanding section 12102(d)(4) 46 use app. 
of title 46, United States Code, as amended by this section, for 
ii87note. 
purposes of subtitle B of title VI of the Merchsuit Marine Act, 
1936 a vessel is deemed to be owned and operated by a citizen 
of the United States (as that term is used in that subtitle) if— 
(1) the person chartering the vessel from a trust under 
section 12102(d)(2) of that title is a citizen of the United States 
under section 2 of the Shipping Act, 1916 (46 App. U.S.C. 
802); and 
(2)(A) the vessel— 
(i) is delivered by a shipbuilder, following completion 
of construction, on or after May 1, 1995 and before January 
31,1996; or 
(ii) is owned by a citizen of the United States under 
section 2 of the Shipping Act, 1916 on September 1, 1996, 
or is a replacement for such a vessel; or 
(B) pajpients have been made with respect to the vessel 
under subtitle B of title VI of the Merchant Marine Act, 1936 
for at least 1 year. 
(d) INDIRECT VESSEL OWNERS.—Notwithstanding any other 46 use app. 
provision of law, for purposes of subtitle B of title VI of the Merchant 
1187 note. 
Meirine Act, 1936 the following vessels are deemed to be owned 
and operated by a citizen of the United States (as that term is 
used in that subtitle) if the vessels are owned, directly or indirectly, 
by a person that is a citizen of the United States under section 
2 of the Shipping Act, 1916 (46 App. U.S.C. 802): 
(1) Any vessel constructed under a shipbuilding contract 
signed on December 21, 1995, and having hull number 3077, 
3078, 3079, or 3080. 
110 STAT. 3988 
PUBLIC LAW 104-324—OCT. 19, 1996 
(2) Any vessel delivered by a shipbuilder, following comple-
tion of construction, on or after May 1,1995, and before January 
31, 1996. 
(3) Any vessel owned on September 1, 1996, by a person 
that is a citizen of the United States under section 2 of the 
Shipping Act, 1916, or a replacement for such a vessel. 
(4) Any vessel with respect to which pa3anents have been 
made under subtitle B of title VI of the Merchant Marine 
Act, 1936 for at least 1 year. 
46USCapp. 
SEC. 1137. VESSEL STANDARDS. 
(a) CERTIFICATE OF INSPECTION.—^A vessel used to provide 
transportation service as a common carrier which the Secretary 
of Transportation determines meets the criteria of section 651(b) 
of the Merchant Marine Act, 1936, but which on the date of enact-
ment of this Act is not a docimiented vessel (as that term is 
defined in section 2101 of title 46, United States Code), shall 
be eligible for a certificate of inspection if the Secretary determines 
tha1>-
(1) the vessel is classed by and designed in accordance 
with the rules of the American Bureau of Shipping or another 
classification society accepted by the Secretary; 
(2) the vessel complies with applicable international agree-
ments and associated guidelines, as determined by the country 
in which the vessel was documented immediately before becom-
ing a documented vessel (as defined in that section); and 
(3) that country has not been identified by the Secretary 
as inadequately enforcing international vessel regulations as 
to that vessel. 
(b) CONTINUED ELIGIBILITY FOR CERTIFICATE.—Subsection (a) 
does not apply to a vessel after any date on which the vessel 
fails to comply with the appUcable international agreements and 
associated guidelines referred to in subsection (a)(2). 
(c) RELIANCE ON CLASSIFICATION SOCIETY.— 
(1) IN GENERAL.—The Secretary may rely on a certification 
fi-om the American Bureau of Shipping or, subject to paragraph 
(2), another classification society accepted by the Secretary 
to establish that a vessel is in compliance with the requirements 
of subsections (a) and (b). 
(2) FOREIGN CLASSIFICATION SOCIETY.—The Secretary may 
accept certification fi*om a foreign classification society under 
paragraph (1) only— 
(A) to the extent that the government of the foreign 
country in which the society is headquartered provides 
access on a reciprocal basis to the American Bureau of 
Shipping; and 
(B) if the foreign classification society has offices and 
maintains records in the United States. 
SEC. 1138. VESSELS SUBJECT TO THE JURISDICTION OF THE UNITED 
STATES. 
(a) IN GENERAL.—Section 3 of the Maritime Drug Law Enforce-
ment Act (46 App. U.S.C. 1903) is amended— 
(1) in subsection (c)(2) by striking "and" after the semicolon 
in subparagraph (A), by striking the period at the end of 
subparagraph (B) and inserting "; and", and by adding at the 
end the following new subparagraph: 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3989 
"(C) a vessel aboard which the master or person in 
charge makes a claim of registry and the claimed nation 
of registry does not affirmatively and unequivocally assert 
that the vessel is of its nationality."; 
(2) in subsection (c)(1) by striking "and may be" and insert-
ing "and is conclusively"; 
(3) in subsection (c)(2) by striking "nation may be" and 
inserting "nation is conclusively"; 
(4) in subsection (d) by inserting before the first sentence 
the following: "Any person charged with a violation of this 
section shall not have standing to raise the claim of failure 
to comply with international law as a basis for a defense."; 
and 
(5) by adding at the end of subsection (f) the following: 
"Jurisdiction of the United States with respect to vessels subject 
to this chapter is not an element of any offense. All jurisdic-
tional issues arising under this chapter are preliminary ques-
tions of law to be determined solely by the trial judge.". 
(b) CONFORMING AMENDMENT.—Subsection (c) of such section 
is gimended by inserting "or (C)" after "under subparagraph (A)". 
SEC. 1139. REACTIVATION OF CLOSED SHIPYARDS. 
46 USC app. 
(a) IN GENERAL.—The Secretary may issue a guarantee or 
a commitment to guarantee obligations under title XI of the Mer-
chant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), upon such 
terms as the Secretsiry may prescribe, to assist in the reactivation 
and modernization of einy shipyard in the United States that is 
closed on the date of the enactment of this Act, if the Secretary 
finds that— 
(1) the closed shipyard historically built military vessels 
and responsible entities now seek to reopen it as an internation-
ally competitive commercial shipyard; 
(2)(A) the closed shipyard has been designated by the Presi-
dent as a public-private partnership project; or 
(B) has a reuse plan approved by the Navy in which 
commercial shipbuilding and repair are primary activities and 
has a revolving economic conversion fund approved by the 
Department of Defense; and 
(3) the State in which the shipyard is located, and each 
other involved State, or a State-chartered agency, is making 
a significant financial investment in the overall cost of reactiva-
tion and modernization as its contribution to the reactivation 
and modernization project, in addition to the funds required 
by subsection (d)(2) of this section. 
(b) WAIVERS.—^Notwithstanding any other provision of title XI 
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), 
the Secretary shall not apply the requirements of section 1104A(d) 
of that Act when issuing a guarantee or a commitment to guarantee 
an obUgation under this section. 
(c) CONDITIONS.—^The Secretary shall impose such conditions 
on the issuance of a guarantee or a commitment to guarantee 
under this section as are necessary to protect the interests of 
the United States fi-om the risk of a default. The Secretary shall 
consider the interdependency of such shipyard modernization and 
reactivation projects and related vessel loan guarantee requests 
pending under title XI of the Merchant Marine Act, 1936 (46 App. 
110 STAT. 3990 
PUBLIC LAW 104-324—OCT. 19, 1996 
U.S.C. 1271 et seq.) before issuing a guarantee or a commitment 
to guEirantee under this section. 
(d) FUNDING PROVISIONS.— 
(1) The Secretary may not guarantee or commit to guaran-
tee obligations under this section that exceed $100,000,000 
in the aggregate. 
(2) The amount of appropriated funds required by the Fed-
eral Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) in 
advance of the Secretary's issuance of a guarantee or a commit-
ment to guarantee under this section shall be provided by 
the State in which the shipyard is located, and other involved 
States, or by a State-chartered agency, and deposited by the 
Secretary in the financing account established under the Fed-
eral Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) for 
loan guarantees issued by the Secretary under title XI of the 
Merchant Marine Act of 1936 (46 App. U.S.C. 1271 et seq.). 
No federally appropriated funds shall be available for this 
purpose. The fimds deposited into that financing account shall 
be held and applied by the Secretary in accordance with the 
provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a et seq.), except that, unless the Secretary shall have 
earlier paid an obligee or been required to pay an obligee 
pursuant to the terms of a loan guarantee, the funds deposited 
in that financing account shall be returned, upon the expiration 
of the Secretar^s loan guarantee, to the State, States, or State-
chartered agency which originally provided the funds to the 
Secretary. 
(3) Notwithstanding the provisions of any other law or 
regulation, the cost (as that term is defined by the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661a et seq.)) of a guarantee 
or commitment to guarantee issued under this section— 
(A) may only be determined with reference to the mer-
its of the specific closed shipyard reactivation project which 
is the subject of that guarantee or commitment to guaran-
tee, without reference to any other project, type of project, 
or averaged risk; and 
(B) may not be used in determining the cost of any 
other project, type of project, or averaged risk applicable 
to guarantees or commitments to guarantee issued under 
title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 
1271 et seq.). 
(e) SUNSET.—No commitment to guarantee obligations imder 
this section shall be issued by the Secretary after one year after 
the date of enactment of this section. 
(f) DEFINITION.—^As used in this section, the term "Secretary^' 
means the Secretary of Transportation. 
Rhode Island. 
SEC. 1140. SAKONNET POINT LIGHT. 
Notwithstanding any other provision of law, £iny action in 
admiralty brought against a private nonprofit organization (includ-
ing any officer, director, employee, or agent of such organization) 
for damages or injuries resulting from £in incident occurring after 
the date of enactment of this Act, and arising from the operation, 
maintenance, or malfunctioning of an aid to navigation operated 
by the Coast Guard on or within property or a structure owned 
by such nonprofit organization at Sakonnet Point, Little Compton, 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3991 
Rhode Island, shall be determined exclusively according to the 
law of the State in which such property or structure is located. 
SEC. 1141. DREDGING OF RHODE ISLAND WATERWAYS. 
The Chief of Engineers of the Army Corps of Engineers, in 
conjunction with the Secretary of Transportation and other relevant 
agencies, shall— 
(1) review the report of the commission convened by the 
Governor of Rhode Island on dredging Rhode Island waterways; 
£ind 
(2) not later than 120 days after the date of enactment 
of this section, submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Trsmspor-
tation £ind Infrastructure of the House of Representatives any 
recommendations that the Chief of Engineers may have 
concerning the feasibility and environmental effects of the 
dredging. 
SEC. 1142. INTERIM PAYMENTS. 
(a) DAMAGES FOR LOSS OF PROFITS OR IMPAIRMENT OF EARNING 
CAPACITY.—Section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 
2705) is amended by— 
(1) in the title inserting "; PARTIAL PAYMENT OF 
CLAIMS" before the period; and 
(2) adding at the end of subsection (a) the following: "The 
responsible party shall establish a procedure for the pajnnent 
or settlement of claims for interim, short-term damages. Pay-
ment or settlement of a claim for interim, short-term damages 
representing less than the fiill amount of damages to which 
the claim£int ultimately may be entitled shall not preclude 
recovery by the claimant for damages not reflected in the paid 
or settled partial claim.". 
(b) CLARIFICATION OF CLAIMS PROCEDURE.—Section 1013(d) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2713(d)) is amended by 
striking "section" and inserting the following: "section, including 
a claim for interim, short-term damages representing less than 
the full amount of damages to which the claimant ultimately may 
be entitled,". 
(c) ADVERTISEMENT.—Section 1014(b) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2714(b)) is amended— 
(1) by inserting "(1)" before "If; and 
(2) by adding at the end the following new paragraph: 
"(2) An advertisement under paragraph (1) shall state that 
a claimant may present a claim for interim, short-term damages 
representing less than the fiiU amoiint of damages to which the 
claimant ultimately may be entitled and that pa3anent of such 
a claim shall not preclude recovery for dsimages not reflected in 
the paid or settled partial claim.". 
(d) CLARIFICATION OF SUBROGATION.—Section 1015(a) of the 
Oil Pollution Act of 1990 (33 U.S.C. 2715(a)) is amended— 
(1) by redesignating subsection (b) as subsection (c); and 
(2) by inserting after subsection (a) the following: 
"(b) INTERIM DAMAGES.— 
"(1) IN GENERAL.—If a responsible party, a guarantor, or Applicability. 
the Fimd has made payment to a claimant for interim, short-
term damages representing less than the full amount of dam-
ages to which the claimant ultimately may be entitled, subroga-
110 STAT. 3992 
PUBLIC LAW 104-324—OCT. 19, 1996 
tion under subsection (a) shall apply only with respect to the 
portion of the claim reflected in the paid interim claim. 
"(2) FINAL DAMAGES.—Payment of such a claim shall not 
foreclose a claimant's right to recovery of all damages to which 
the claimant otherwise is entitled under this Act or under 
any other law.". 
SEC. 1143. OIL SPILL INFORMATION. 
Section 311 of the Federal Water Pollution Control Act (33 
U.S.C. 1321) is amended— 
(1) in subsection (j)(2)(A) by inserting after "paragraph 
(4)," the following: "and of information regarding previous spills, 
including data from universities, research institutions, State 
governments, and other nations, as appropriate, which shall 
be disseminated as appropriate to response groups and area 
committees, and"; and 
(2) in subsection (j)(4)(C)(v) by inserting before "describe" 
the following: "compile a list of local scientists, both inside 
and outside Federal Government service, with expertise in the 
environmental effects of spills of the types of oil typically trans-
ported in the area, who may be contacted to provide information 
or, where appropriate, participate in meetings of the scientific 
support team convened in response to a spill, and". 
SEC. 1144. COMPLIANCE WITH OIL SPILL RESPONSE PLANS. 
Section 311(c)(3)(B) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(c)(3)(B)) is amended by striking "President" 
and inserting "President, except that the owner or operator may 
deviate fi-om the applicable response plan if the President or the 
Federal On-Scene Coordinator determines that deviation fi'om the 
response plan would provide for a more expeditious or effective 
response to the spill or mitigation of its environmental effects". 
Wisconsin. 
SEC. 1145. BRIDGE DEEMED TO UNREASONABLY OBSTRUCT NAVIGA-
TION. 
The Sooline & Milwaukee Road Swing Bridge, located in Osh-
kosh, Wisconsin, is deemed to unreasonably obstruct navigation 
for purposes of the Act of June 21, 1940 (popularly known as 
the Hobbs Bridge Act; 33 U.S.C. 511 et seq.). 
SEC. 1146. FISHING VESSEL EXEMPTION. 
(a) IN GENERAL.—Chapter 81 of title 46, United States Code, 
is amended by adding at the end the following new section: 
Applicability. 
''§8105. Fishing vessel exemption 
"Notwithstanding any other provision of law, neither the Inter-
national Convention on Standards of Training, Certification and 
Watchkeeping for Seafarers, 1978, nor any amendment to such 
convention, shall apply to a fishing vessel, including a fishing 
vessel used as a fish tender vessel.". 
PUBLIC LAW 104-324—OCT. 19, 1996 
110 STAT. 3993 
(b) CLERICAL AMENDMENT.—^The table of sections for chapter 
81 of title 46, United States Code, is amended by adding at the 
end the following: 
"8105. Fishing vessel exemption.". 
Approved October 19, 1996. 
LEGISLATIVE HISTORY—S. 1004 (H.R. 1361): 
HOUSE REPORTS: Nos. 104-106 accompanying H.R. 1361 (Comm. on Transpor-
tation and Infrastructure) and 104-854 (Comm. of Conference). 
SENATE REPORTS: No. 104-160 (Comm. on Commerce, Science, and Transpor-
tation). 
CONGRESSIONAL RECORD: 
Vol. 141 (1995): May 9, H.R. 1361 considered and passed House. 
Nov. 17, S. 1004 considered and passed Senate. 
Vol. 142 (1996): Feb. 29, considered and passed House, amended, in lieu of 
H.R. 1361. 
Sept. 27, House agreed to conference report. 
Sept. 28, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Oct. 19, Presidential statement.