Coast Guard Authorization Act of 1993
PL 103-206 (H.R.2150), enacted 12/20/1993

1993. 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2419 
Public Law 103-206 
103d Congress 
An Act 
To authorize appropriations for 
fiscal 
year 1994 for the United States Coast Guard, 
Dec. 20, 1993 
and for other purposes. 
[H.R. 2150] 
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 
This Act may be cited as the "Coast Guard Authorization Act 
of 1993". 
TITLE I—AUTHORIZATIONS 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are authorized to be appropriated for necessary expenses 
of the Coast Guard for fiscal year 1994, as follows: 
(1) For the operation and maintenance of the Coast Guard, 
$2,612,552,200, of which $25,000,000 shall be derived from 
the Oil Spill Liability Trust Fund, and of which $35,000,000 
shall be expended from the Boat Safety Accoimt. 
(2) For the acquisition, construction, rebuilding, and 
improvement of aids to navigation, shore and offshore facilities, 
vessels, and aircraft, including equipment related thereto, 
$417,996,500, to remain available until expended, of which 
$23,030,000 shall be derived from the Oil Spill Liability Trust 
Fund to carry out the purposes of section 1012(aX5) 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, and defense readiness, $25,000,000, to 
remain available imtil expended, of which $4,457,000 shall 
be derived from the Oil Spill Liability Trust Fund. 
(4) For retired pay (including the payment of obligations 
otherwise chargeable to lapsed appropriations for this purpose), 
payments 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, $548,774,000. 
(5) For alteration or removal of bridges over navigable 
waters of the United States constituting obstructions to naviga-
tion 
associated 
with 
the 
Bridge 
Alteration 
Program, 
$12,940,000, to remain available until expended. 
69-194 O - 94 - 16 : QL. 3 Part 3 
107 STAT. 2420 
PUBLIC LAW 103-206—DEC. 20, 1993 
(6) For environmental compliance and restoration at Coast 
Guard facilities, $23,057,000, to remain available until 
expanded. 
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND MIU-
TARY TRAINING. 
(a) AUTHORIZED MILITARY STRENGTH LEVEL.—The Coast Guard 
is authorized an end-of-year strength for active duty personnel 
of 39,138 as of September 30, 1994. The authorized strength does 
not include members of the Ready Reserve called to active duty 
for special or emergency augmentation of regular Coast Guard 
forces for periods of 180 days or less. 
(b) AUTHORIZED LEVEL OF MILITARY TRAINING.—For fiscal year 
1994, the Coast Guard is authorized average military training 
student loads as follows: 
(1) For recruit and special training, 1,986 student years. 
(2) For flight training, 114 student years. 
(3) For professional training in military and civilian institu-
tions, 338 student years. 
(4) For officer acquisition, 955 student years. 
TITLE II—PERSONNEL MANAGEMENT 
IMPROVEME^fT 
SEC. 20L CEILING ON OFFICER CORPS. 
Subsection (a) of section 42 of title 14, United States Code, 
is amended by striking "6,000" and inserting "6,200". 
SEC. 202. VOLUNTEER SERVICES. 
Section 93 of title 14, United States Code, is amended by— 
(1) striking "and" at the end of paragraph (r); 
(2) striking the period at the end of paragraph (s) and 
inserting a comma; and 
(3) adding at the end the following new subsection: 
"(t) notwithstanding any other law, enter into cooperative 
agreements with States, local governments, non-governmental 
organizations, and individuals, to accept and utilize voluntary 
services for the maintenance and improvement of natural and 
historic resources on, or to benefit natural and historic research 
on, Coast Guard facilities, subject to the requirement that— 
"(1) the cooperative agreements shall each provide for 
the parties to contribute funds or services on a matching 
basis to defray the costs of such programs, projects, and 
activities imder the agreement; and 
"(2) a person providing voluntary services under this 
subsection shall not be considered a Federal employee 
except for purposes of chapter 81 of title 5, United States 
Code, with respect to compensation for work-related 
injuries, and chapter 171 of title 28, United States Code, 
with respect to tort claims; and". 
SEC. 203. RESERVE RETENTION BOARDS. 
Section 741 of title 14, United States Code, is amended— 
(1) in subsection (a) in the first sentence by striking "and 
are not on active duty and not on an approved list of selectees 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2421 
for promotion to the next higher grade" and inserting the 
following: *
*
, except those officers who— 
**(1) are on extended active duty; 
"(2) are on a list of selectees for promotion; 
"(3) will complete 30 years total commissioned service by 
Jime 30th following the date that the retention board is con-
vened; or 
"(4) have reached age 59 by the date on which the retention 
board is convened"; 
(2) in subsection (a) by moving the second sentence so 
as to begin— 
(A) immediately below paragraph (4) (as added by para-
graph (1) of this section); and 
(B) flush with the left margin of the material preceding 
paragraph (1); 
(3) by designating the third sentence of subsection (a) as 
subsection (b) by— 
(A) inserting "(b)** before "This board shall—**; and 
(B) moving the third sentence so as to begin imme-
diately below the second sentence of subsection (a); and 
(4) by redesignating the last 2 subsections as subsections 
(c) and (d), respectively. 
SEC. 204. CONTINUITY OF GRADE OF ADMIRALS AND VICE ADMIRALS. 
(a) Section 46(a) of title 14, United States Code, is amended 
to read as follows: 
"(a) A Commandant who is not reappointed shall be retired 
with the grade of admiral at the expiration of the appointed term, 
except as provided in subsection 51(d) of this title.". 
(bXD Section 47 of title 14, United States Code, is amended— 
(A) in the heading by striking "; retirement"; 
(B) in subsection (a) by— 
(i) striking "(a)" at the beginning thereof, and 
(ii) striking the last sentence and inserting the follow-
ing: "The appointment and grade of a Vice Commandant 
shall be effective on the date the officer assumes that 
duty, and shall terminate on the date the officer is detached 
from that duty, except as provided in subsection 51(d) 
of this title."; and 
(C) by striking subsections (b), (c), and (d). 
(2) The table of sections at the beginning of chapter 3 of 
title 14, United States Code, is amended by striking the item 
relating to section 47 and inserting the following: 
"47. Vice Conunandant; assignment.". 
(c) Section 50(b) of title 14, United States Code, is amended 
by striking the last sentence and inserting The appointment and 
grade of an area commander shall be eiiective on the date the 
officer assumes that duty, and shall terminate on the date the 
officer is detached from that duty, except as provided in subsection 
51(d) of this title.". 
(d) Section 51 of title 14, United States Code, is amended 
by adding at the end the following new subsection: 
"(d) An officer serving in the grade of admiral or vice admiral 
shall continue to hold that grade— 
"(1) while being processed for physical disability retirement, 
beginning on the day of the processing and ending on the 
107 STAT. 2422 
PUBLIC LAW 103-206—DEC. 20, 1993 
day that officer is retired, but not for more than 180 days; 
and 
"(2) while awaiting retirement, beginning on the day that 
officer is relieved from the position of Commandant, Vice Com-
mandant, Area Commander, or Chief of Staff and ending on 
the day before the officer's retirement, but not for more than 
60 days.". 
SEC. 206. CHIEF OF STAFF. 
(a) Section 41a(b) of title 14, United States Code, is amended 
by striking ", except that the rear admiral serving as Chief of 
Staff shall be the senior rear admiral for all purposes other than 
pay" at the end of the second sentence. 
(bXD Title 14, United States Code, is amended by inserting 
after section 50 of the following new section: 
''§ 50a. Chief of Staff 
"(a) The President may appoint, by and with the advice and 
consent of the Senate, a Chief of Staff of the Coast Guard who 
shall rank next after the area commanders and who shall perform 
duties as prescribed by the Commandant. The Chief of Staff shall 
be appointed from the officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendations for the appointment. 
"(b) The Chief of Stan shall have the ^ade of vice admiral 
with the pay and allowances of that grade. The appointment and 
grade of tne Chief of Staff shall be effective on the date the officer 
assumes that duty, and shall terminate on the date the officer 
is detached from that duty, except as provided in section 51(d) 
of this title.". 
(2) The table of sections at the beginning of chapter 3 of 
title 14, United States Code, is amended by inserting after the 
item relating to section 50 the following: 
"50a. Chief of Staff.". 
(c) Section 51 of title 14, United States Code, is amended— 
(1) in subsection (a) by striking "as Commander, Atlantic 
Area, or Commander, Pacific Area" and inserting "in the grade 
of vice admiral"; and 
(2) in subsection (b) by striking "as Commander, Atlantic 
Area, or Commander, Pacific Area" and inserting "in the grade 
of vice admiral". 
(d) Section 290 of title 14, United States Code, is amended— 
(1) in subsection (a) by striking "or in the position of 
Chief of StafT in the second sentence; 
(2) in subsection (fXD by striking "Chief of Staff or"; and 
(3) in subsection (fK2) by striking "Chief of Staff or". 
TITLE III—MISCELLANEOUS COAST 
GUARD PROVISIONS 
SEC. 301. NORTH ATLANTIC ROUTES. 
Sections 3 and 5 of the Act of Jime 25, 1936 (49 Stat. 1922, 
46 App. U.S.C. 738b and 738d), are repealed. 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2423 
SEC. 302. COAST GUARD FAMILY HOUSING. 
(a) IN GENERAL.—Chapter 17 of title 14, United States Code, 
is amended by adding at the end the following new section: 
*
*
§ 670. Procurement authority for family housing 
"(a) The Secretary is authorized— 
"(1) to acquire, subject to the availability of appropriations 
sufficient to cover its full obligations, real property or interests 
therein by purchase, lease for a term not to exceed 5 years, 
or otherwise, for use as Coast Guard family housing imits, 
including the acquisition of condominium units, which may 
include the obligation to pay maintenance, repair, and other 
condominium-related fees; and 
"(2) to dispose of by sale, lease, or otherwise, any real 
property or interest therein used for Coast Guard family hous-
ing units for adequate consideration. 
"(bXD For the purposes of this section, a multiyear contract 
is a contract to lease Coast Guard family housing units for at 
least one, but not more than 5, fiscal years. 
"(2) The Secretary may enter into multiyear contracts imder 
subsection (a) of this section whenever the Coast Guard finds that— 
"(A) the use of a contract will promote the efficiency of 
the Coast Guard family housing program and will result in 
reduced total costs under the contract; and 
"(B) there are realistic estimates of both the cost of the 
contract and the anticipated cost avoidance through the use 
of a multiyear contract. 
"(3) A multiyear contract authorized imder subsection (a) of 
this section shall contain cancellation and termination provisions 
to the extent necessary to protect the best interests of tne United 
States, and may include consideration of both recurring and non-
recurring costs. The contract may provide for a cancellation payment 
to be made. Amounts that were originally obligated for the cost 
of the contract may be used for cancellation or termination costs.**. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 17, United States Code, is amended by adding 
at the end the following: 
"670. Procurement authority for family housing.". 
SEC. 303. AIR STATION CAPE COD IMPROVEMENTS. 
(a) IN GENERAL.—Chapter 17 of title 14, United States Code, 
is amended by adding after section 670 (as added by section 302 
of this Act) the following new section: 
*
*
§ 671. Air Station Cape Cod Improvements 
"The Secretary may expend funds for the repair, improvement, 
restoration, or replacement of those federally or nonfederally owned 
support buildings, including appurtenances, which are on leased 
or permitted real property constituting Coast Guard Air Station 
Cape Cod, located on Massachusetts Military Reservation, Cape 
Cod, Massachusetts.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 17, United States Code, is amended by adding 
after the item relating to section 670 (as added by section 302 
of this Act) the following: 
"671. Air Station Cape Cod Improvements.". 
107 STAT. 2424 
PUBLIC LAW 103-206—DEC. 20, 1993 
SEC. 304. LONG-TERM LEASE AUTHORTIY FOR AIDS TO NAVIGATION. 
(a) Chapter 17 of title 14, United States Code, is amended 
by adding after section 671 (as added by section 303 of this Act) 
the following new section: 
*
*
§ 672. Long-term lease authority for navigation and commu-
nications systems sites 
"(a) The Secretary is authorized, subject to the availability 
of appropriations, to enter into lease agreements to acquire real 
property or interests therein for a term not to exceed 20 years, 
inclusive of any automatic renewal clauses, for aids to navigation 
(hereafter in this section referred to as 'ATON*) sites, vessel traffic 
service (hereafter in this section referred to as *VTS') sensor sites, 
or National Distress System (hereafter in this section referred to 
as 'NDS') high level antenna sites. These lease agreements shall 
include cancellation and termination provisions to the extent nec-
essary to protect the best interests of the United States. Cancella-
tion pa3mient provisions may include consideration of both recurring 
and nonrecurring costs associated with the real property interests 
under the contract. These lease agreements may provide for a 
cancellation payment to be made. Amounts that were originally 
obligated for the cost of the contract may be used for cancellation 
or termination costs. 
"(b) The Secretary may enter into multiyear lease agreements 
imder subsection (a) of this section whenever the Secretary finds 
thatr-
"(1) the use of such a lease agreement will promote the 
efi&ciency of the ATON, VTS, or NDS programs and will result 
in reduced total costs under the agreement; 
"(2) the minimum need for the real property or interest 
therein to be leased is expected to remain substantially 
unchanged during the contemplated lease period; and 
"(3) the estimates of both the cost of the lease and the 
anticipated cost avoidance through the use of a multiyear lease 
are realistic". 
(b) The table of sections at the beginning of chapter 17 of 
title 14, United States Code, is amended by adding after the item 
relating to section 671 (as added by section 303 of this Act) the 
following: 
"672. Long-term lease authority for navigation and communications systems sites.". 
SEC. 305. AUTHORITY FOR EDUCATIONAL RESEARCH GRANTS. 
(a) IN GENERAL.~Chapter 9 of title 14, United States Code, 
is amended by adding at the end the following new section: 
*
*
§ 196. Participation in Federal, State, or other educational 
research grants 
'Notwithstanding any other provision of law, the United States 
Coast Guard Academy may compete for and accept Federal, State, 
or other educational research grants, subject to the following limita-
tions: 
"(1) No award may be accepted for the acquisition or 
construction of facilities. 
"(2) No award may be accepted for the routine functions 
of the Academy.". 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2425 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of chapter 9 of title 14, United States Code, is amended 
by adding at the end the following: 
"196. Participation in Federal, State, or other educational research grants.". 
SEC. 306. PREPOSmONED OIL SPILL CLEANUP EQUIPMENT. 
The Secretary of Transportation is authorized to expend out 
of amounts appropriated for acquisition, construction, and improve-
ment for fiscal year 1994— 
(1) $890,000 to acquire and preposition oil spill response 
equipment at Port Arthur, Texas, and 
(2) $890,000 to acquire and preposition oil spill response 
equipment at Helena, Arl/^nsas, subject to the Secretary deter-
mining that adequate storage and maintenance facilities are 
available. 
SEC. 307. SHORE FACILITIES IMPROVEMENTS AT COAST GUARD STA-
TION UTTLE CREEK, VIRGINIA. 
(a) The Secretary of Transportation, subject to the availability 
of appropriations, may at Coast Guard Station Little Creek, 
Virginia— 
(1) construct a 2-story station building with operational, 
administrative, and living spaces; 
(2) construct a 180-foot long pier for Coast Guard patrol 
boats; 
(3) construct a boat ramp; and 
(4) strengthen a waterfront bulkhead. 
(b) Funds necessary to carry out this section are authorized 
to be appropriated for 
fiscal 
year 1994. 
SEC. 308. OIL SPILL TRAINING SIMULATOR. 
The Secretary of Transportation is authorized to expend out 
of the amounts appropriated for acquisition, construction, and 
improvement not more than $1,250,000 to the Maritime College 
of the State of New York to purchase a marine oil spill management 
simulator. 
SEC. 309. TECHNICAL CLARIFICATION. 
Section 4283B of the Revised Statutes (46 App. U.S.C. 183c) 
is amended by striking "any court" in clause (2) and inserting 
in lieu thereof "court". 
SEC. 310. OIL SPILL PREVENTION AND RESPONSE TECHNOLOGY TEST 
AND EVALUATION PROGRAM. 
(a) Not later than 6 months after the date of enactment of 
this Act, the Secretary of Transportation shall estabUsh a program 
to evaluate the technological feasibility and environmental benefits 
of having tank vessels carry oil spill prevention and response tech-
nology. To implement the program the Secretaiy shall— 
(1) publish in the Federal Register an invitation for submis-
sion of proposals including plans and procedures for testing; 
and 
(2) review and evaluate technology using, to the maximum 
extent possible, existing evaluation and performance standards. 
(b) The Secretary shall, to the maximum extent possible, incor-
porate in the program established in subsection (a), the results 
of existing studies and evaluations of oil spill prevention and 
response technology carried on tank vessels. 
New York. 
Environmental 
protection. 
46 use 3703 
note. 
Federal 
Register, 
publication. 
107 STAT. 2426 
PUBLIC LAW 103-206—DEC. 20, 1993 
Reports. 
(c) Not later than 2 years after the date of the enactment 
of this Act, the Secretary snail evaluate the results of the program 
established in subsection (a) and submit a report to Congress with 
recommendations on the feasibility and environmental l^nefits of, 
and appropriate equipment and utilization standards for, requiring 
tank vessels to carry oil spill prevention and response equipment. 
Reports. 
(d) Not later than 6 months after the date of the enactment 
of this Act, the Secretary shall evaluate and report to the Congress 
on the feasibility of using segregated ballast Umks for emergency 
transfer of cargo and storage of recovered oil. 
SEC. 311. UNMANNED SEAGOING BARGES. 
Section 3302 of title 46, United States Code, is amended by 
adding at the end the following: 
"(m) A seagoing barge is not subject to inspection under section 
3301(6) of this title if the vessel is unmanned and does not carry— 
"(1) a hazardous material as cargo; or 
"(2) a flammable or combustible liqmd, including oil, in 
bulk.". 
SEC. 312. PROHmrnON ON DECOMMISSIONING ICE-BREAKER MACKI-
NAW. 
(a) The Secretary of Transportation may not decommission 
the Coast Guard cutter MACKINAW before December 31, 1994. 
(b) There is authorized to be appropriated to the Secretary 
of Transportation $1,600,000 for fiscal year 1994, to remain avail-
able imtil expended, for operations and maintenance of the Coast 
Guard cutter MACKINAW. 
SEC. 313. LOWER COLUMBIA RIVER MARINE FIRE AND SAFETY ACTIVI-
TIES. 
The Secretary of Transportation is authorized to expend out 
of the amounts appropriated for the Coast Guard for fiscal year 
1994 not more than $421,700, and for fiscal year 1995 not more 
than $358,300, for the lower Columbia River marine, fire, oil, and 
toxic spill response commimications, training, equipment, and pro-
§ram administration activities conducted by the Marine Fire and 
afety Association. 
SEC. 314. CASS RIVER. 
Subtitle II of title 46, United States Code, relating only to 
vessel inspection and manning, shall not apply to a vessel operating 
on the date of enactment of this Act on the Cass River above 
the dam at Frankenmuth, Michigan (locally known as the Hubinger 
Dam) which is inspected and licensed by the State of Michigan 
to carry passengers. 
SEC. 315. SENSE 
OF 
THE 
CONGRESS 
REGARDING 
FUNDING 
FOR 
COAST 
GUARD. 
It is the sense of the Congress that in appropriating amounts 
for the Coast Guard, the Congress should 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. 
SEC. 
3
1
6
. 
COOPERATIVE 
AGREEMENT 
AUTHORITY. 
Section 93, of title 14, United States Code, as amended by 
section 202 of this Act, is ftirther amended by adding at the end 
the following new subsection: 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2427 
Effective date. 
36 use 161 
note. 
California. 
"(u) enter into cooperative agreements with other Govern-
ment agencies and the National Academy of Sciences.". 
SEC. 317. REGIONAL FISHERIES LAW ENFORCEMENT TRAINING CEN-
TERS. 
(a) GULF OF MEXICO.—The Coast Guard shall establish a Gulf Louisiana. 
of Mexico Regional Fisheries Law Enforcement Training Center 
in the Eighth Coast Guard District in Southeastern Louisiana. 
(b) SOUTHEAST ATLANTIC—^The Coast Guard shall establish South Carolina. 
a Southeast Re^onal Fisheries Law Enforcement Training Center 
in the Seventh Coast Guard District in Charleston, South Carolina. 
(c)Puw»OSE.—^The purpose of the regional fisheries law enforce-
ment training centers shall be to increase the skills and training 
of Coast Guard fisheries law enforcement personnel and to ensure 
that such training considers and meets the unique and complex 
needs and demands of the fisheries of the Gulf of Mexico and 
the Southeast United States. 
SEC. 318. NATIONAL SAFE BOATING WEEK. 
(a) The Act of June 4, 1958 (36 U.S.C. 161) is amended by 
striking "week commencing on the first Sunday in June" and insert-
ing "the seven day period ending on the last Friday before Memorial 
Day". 
(b) This section is effective January 1,1995. 
SEC. 
3
1
9
. 
LOS 
ANGELES-LONG 
BEACH 
VESSEL 
TRAFFIC 
SERVICE. 
The Coast Guard is authorized to provide personnel support 
for the interim vessel traffic information service in the Ports of 
Los Angeles and Long Beach operated on behalf of the State of 
California by the Marine Exchange of Los Angeles-Long Beach 
Harbors, Inc., a California nonprofit corporation (hereinafter 
referred to as "Marine Exchange ). The Coast Guard shall be 
reimbursed for all costs associated with providing such personnel 
in accordance with a reimbursable agreement between the Coast 
Guard and the State of California. Amounts received by the Coast 
Guard as reimbursements for its costs shall be credited to the 
appropriation for operating expenses of the Coast Guard. The 
United States Ciovemment assumes no liability for any act or 
omission of any officer, director, employee, or representative of 
the Marine Exchange or of the State of California, arising out 
of the operation of the vessel traffic information service by the 
Marine Exchange, and the Coast Guard shall have the same protec-
tions and limitations on such liability as are afforded to the Marine 
Exchange under California law. 
SEC. 320. FINANCIAL RESPONSIBILITY FOR NONPERFORMANCE. 
Section 3(b) of Public Law 89-777 (46 App. U.S.C. 817e(b)) 
is amended by striking "and such bond or other security shall 
be in an amount paid equal to the estimated total revenue for 
the particular transportation." and inserting a period. 
SEC. 321. FISHING AND FISH TENDER VESSELS. 
(a) In this section, "fish tender vessel", "fishing vessel", and 
"tank vessel" have the meanings given those terms under section 
2101 of title 46, United Stetes Code. 
(b) A fishing vessel or fish tender vessel of not more than 
750 gross tons, when engaged only in the fishing industry, shall 
not be deemed to be a tank vessel for the purposes of any law. 
46 use 2101 
note. 
107 STAT. 2428 
PUBLIC LAW 103-206—DEC. 20, 1993 
(cXD This section does not affect the authority of the Secretary 
of Transportation under chapter 33 of title 46, United States Code, 
to regulate the operation of the vessels listed in subsection (b) 
to ensure the safe carriage of oil and hazardous substances. 
(2) This section does not affect the requirement for fish tender 
vessels engaged in the Aleutian trade to comply with chapters 
33, 45, 51, 81, and 87 of title 46, United States Code, as provided 
in the Aleutian Trade Act of 1990 (Public Law 101^95). 
Hazardous 
SEC. 322. OIL SPILL RECOVERY OPERATIONS. 
(a) Section 8104 of title 46, United States Code, is amended— 
(1) in subsection (g), b^ striking "a vessel used only to 
respond to a discharge of oil or a hazardous substance,"; and 
(2) by adding a new subsection to read as follows: 
"(p) On a vessel used only to respond to a discharge of oil 
or a nazardous substance, the licensed individuals and crew-
members may be divided into at least two watches when the vessel 
is engaged in an operation less than 12 hours in duration.". 
(b) Section 8301 of title 46, United States Code, is amended 
by adding a new subsection to read as follows: 
"(e) A vessel used only to respond to a discharge of oil or 
a hazardous substance shall have— 
"(1) two licensed mates when the vessel is engaged in 
an operation over 12 hours in duration; 
(2) one licensed mate when the vessel is engaged in an 
operation less than 12 hours in duration; and 
"(3) if the vessel is more than 200 gross tons, a licensed 
engineer when the vessel is operating.". 
SEC. 323. LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY 
ALIEN CREWMEMBERS-ALASKA EXCEPTION. 
(a) ALASKA EXCEPTION.—Section 258 of the Immigration and 
Nationality Act (8 U.S.C. 1288) is amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following new sub-
section: 
"(d) STATE OF ALASKA EXCEPTION.—(1) Subsection (a) shall 
not apply to a particular activity of longshore work at a particular 
location in the State of Alaska if an employer of alien crewmen 
has filed an attestation with the Secretaury of Labor at least 30 
days before the date of the first performance of the activity (or 
anjrtime up to 24 hours before the first performance of the activity, 
upon a showing that the employer could not have reasonably antici-
pated the need to file an attestation for that location at that 
time) setting forth facts and evidence to show that— 
"(A) the employer will make a bona fide request for United 
States longshore workers who are qualified and available in 
sufficient nmnbers to perform the activity at the particular 
time and location fi*om the parties to whom notice has been 
provided under clauses (ii) and (iii) of subparagraph (D), except 
thal^ 
"(i) wherever two or more contract stevedoring compa-
nies have signed a joint collective bargaining agreement 
with a single labor organization described in subpcuragraph 
(DXi), the employer may request longshore workers firom 
only one of sucn contract stevedoring companies, and 
"(ii) a reauest for longshore workers to an operator 
of a private aock may be made only for longshore work 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2429 
to be performed at that dock and only if the operator 
meets the requirements of section 32 of the Longshoremen's 
and Harbor Workers* Compensation Act (33 U.S.C. 932); 
**(B) the employer will employ all those United States 
longshore workers made available in response to the request 
made pursuant to subparagraph (A) who are qualified and 
available in sufficient numbers and who are needed to perform 
the longshore activity at the particular time and location; 
"(C) the use of alien crewmembers for such activity is 
not intended or designed to influence an election of a bargaining 
representative for workers in the State of Alaska; and 
"(D) notice of the attestation has been provided by the 
employer to— 
"(i) labor organizations which have been recognized 
as exclusive bargaining representatives of United States 
longshore workers within the meaning of the National 
Labor Relations Act and which make available or intend 
to make available workers to the particular location where 
the longshore work is to be performed, 
"(ii) contract stevedoring companies which employ or 
intend to employ United States longshore workers at that 
location, and 
"(iii) operators of private docks at which the employer 
will use longshore workers. 
"(2)(A) An employer filing an attestation under paragraph (1) 
who seeks to use alien crewmen to perform longshore work shall 
be responsible while at the attestation is valid to make bona fide 
requests for United States longshore workers under paragraph 
(1)(A) and to employ United States longshore workers, as provided 
in paragraph (IXB), before using alien crewmen to perform the 
activity or activities specified in the attestation, except that an 
employer shall not be required to request longshore workers from 
a party if that party has notified the employer in writing that 
it does not intend to make available United States longshore work-
ers to the location at which the longshore work is to be performed. 
"(B) If a party that has provided such notice subsequently 
notifies the employer in writing that it is prepared to make available 
United States longshore workers who are qualified and available 
in sufficient numbers to perform the longshore activity to the loca-
tion at which the longshore work is to be performed, then the 
employer's obligations to that party under subparagraphs (A) and 
(B) of paragraph (1) shall begin 60 days following the issuance 
of such notice. 
"(3)(A) In no case shall an employer filing an attestation be 
required— 
"(i) to hire less than a full work unit of United States 
longshore workers needed to perform the longshore activity; 
"(ii) to provide overnight accommodations for the longshore 
workers while employed; or 
"(iii) to provide transportation to the place of work, except 
where— 
"(I) surface transportation is available; 
"(II) such transportation may be safely accomplished; 
"(III) travel time to the vessel does not exceed one-
half hour each way; and 
"(IV) travel distance to the vessel from the point of 
embarkation does not exceed 5 miles. 
107 STAT. 2430 
PUBLIC LAW 103-206—DEC. 20, 1993 
Regulations. 
8 use 1288 
note. 
Massachusetts. 
**(B) In the cases of Wide Bay, Alaska, and Klawock/Craig, 
Alaska, the travel times and travel distances specified in subclauses 
(III) and (IV) of subparagraph (A) shall be extended to 45 minutes 
and 7V'2 miles, respectively, unless the party responding to the 
request for longshore workers agrees to the lesser time and distance 
limitations specified in those subclauses. 
"(4) Subject to subparagraphs (A) through (D) of subsection 
(c)(4), attestations filed imder paragraph (1) of this subsection 
shall— 
"(A) expire at the end of the 1-year period beginning on 
the date the employer anticipates the longshore work to begin, 
as specified in the attestation filed with the Secretary of Labor, 
and 
"(B) apply to aliens arriving in the United States diuing 
such 1-year period if the owner, agent, consignee, master, or 
commanding officer states in each list under section 251 that 
it continues to comply with the conditions in the attestation. 
''(5XA) Except as otherwise provided by subparagraph (B), sub-
section (c)(3) and subparagraphs (A) through (E) of subsection (cX4) 
shall apply to attestations filed under this subsection. 
"(B) The use of alien crewmen to perform longshore work in 
Alaska consisting of the use of an automated self-unloading con-
veyor belt or vacuum-actuated system on a vessel shall be governed 
by the provisions of subsection (c). 
"(6) For purposes of this subsection— 
"(A) the term 'contract stevedoring companies' means those 
stevedoring companies licensed to do business in the State 
of Alaska that meet the requirements of section 32 of the 
Longshoremen's and Harbor Workers' Compensation Act (33 
U.S.C. 932); 
"(B) the term 'employer' includes any agent or representa-
tive designated by the employer; and 
"(C) the terms 'qualified' and 'available in sufficient num-
bers' shall be defined by reference to industry standards in 
the State of Alaska, including safety considerations.". 
(b) CONFORMING AMENDMENTS.— 
(1) Section 258(a) (8 U.S.C. 1288(a)) is amended by striking 
"subsection (c) or subsection (d)" and inserting "subsection (c), 
(d),or(e)''. 
(2) Section 258(cX4XA) (8 U.S.C. 1288(cX4XA)) is amended 
by inserting "or subsection (dXD" after "paragraph (1)" each 
of the two places it appears. 
(3) Section 258(c) (8 U.S.C. 1288(c)) is amended by adding 
at the end the following new paragraph: 
"(5) Except as provided in paragraph (5) of subsection (d), 
this subsection shall not apply to longshore work performed in 
the State of Alaska.". 
(c) IMPLEMENTATION.—(1) The Secretary of Labor shall pre-
scribe such regulations as may be necessary to carry out this 
section. 
(2) Attestations filed pursuant to section 258(c) (8 U.S.C. 
1288(c)) with the Secretary of Labor before the date of enactment 
of this Act shall remain valid until 60 days after the date of 
issuance of final regulations by the Secretary under this section. 
SEC. 324. CAPE COD UGHTHOUSE PLANNING AND DESIGN STUDIES. 
(a) COMPLETION OF STUDIES.— 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2431 
(1) PLANNING.—Not later than 6 months after the date 
of enactment of this Act, the Secretary of Transportation and 
( 
the Secretary of the Interior shall complete the necessary i>lan-
ning studies, including selection of a relocation site, identified 
in me Coast Guard's strategy dociunent for relocation of the 
Cape Cod Lighthouse (popularly known as the "Highland light 
Station"), located in North Truro, Massachusetts. 
(2) DESIGN.—^Not later than 18 months after the date of 
enactment of this Act, the Secretary of Transportation shall 
complete the design studies identified in the Coast Guard's 
strategy document for relocation of the Cape Cod Lighthouse, 
(b) USE OF AMOUNTS FOR STUDIES.—Of amoimts appropriated 
under the authority of this Act for acquisition, construction, rebuild-
ing, and improvement, the Secretary of Transportation may use 
up to $600,000 for conducting the studies required imder subsection 
(a). 
SEC. 325. WASHINGTON STATE UGHTHOUSES. 
(a) AUTHORITY TO TRANSFER.— 
(1) IN GENERAL.—^The Secretary may convey by any appro-
priate means to the Washington State Parks ana Recreation 
Commission all right, title, and interest of the United States 
in and to property comprising 1 or more of the Cape Disappoint-
ment Lighthouse, North Head Lighthouse, and Point Wilson 
Lighthouse. 
(2) IDENTIFICATION OF PROPERTY.—The Secretary may iden-
tify, describe, and determine property conveyed pursuant to 
this section. 
(b) TERMS AND CONDITIONS.— 
(1) IN GENERAL.—^The conveyance of property pursuant to 
subsection (a) shall be made— 
(A) without the payment of consideration; and 
(B) subject to such terms and conditions as the Sec-
retary may consider appropriate. 
(2) REVERSIONARY INTEREST.—In addition to any term or 
condition established pursuant to paragraph (1), any convey-
ance of property comprising Cape Disappointment Lighthouse, 
North Head Lighthouse, or Point Wilson Lighthouse pursuant 
to this section shall be subject to the condition that all right, 
title, and interest in and to the property so conveyed shall 
immediately revert to the United States if the property, or 
any part thereof— 
(A) ceases to be used as a center for public benefit 
for the interpretation and preservation of maritime history; 
(B) ceases to be maintained in a manner that ensures 
its present or future use as a Coast Guard aid to navigation; 
or 
(C) ceases to be maintained in a manner consistent 
with the provisions of the National Historic Preservation 
Act of 1966 (16 U.S.C. 470 et seq.). 
(3) REQUIRED CONDITIONS.—^Any conveyance of property 
pursuant to this section shall be made subject to such conditions 
as the Secretary considers to be necessary to assure that— 
(A) the lights, antennas, and associated equipment 
located on the property conveyed, which are active aids 
to navigation, shall continue to be operated and maintained 
by the United States; 
107 STAT. 2432 
PUBLIC LAW 103-206—DEC. 20, 1993 
(B) the Washin^n State Parks and Recreation 
Commission may not mterfere or allow interference in any 
manner with such aids to navigation without express writ-
ten permission 
from 
the Secretary of 
Transportation; 
(C) there is reserved to the United States the right 
to relocate, replace, or add any aids to navigation or m^e 
any changes on any portion of such property as may be 
necessary for navigation purposes; 
(D) the United States shall have the right, at any 
time, to enter such property without notice for the purpose 
of maintaining aids to navigation; 
(E) the United States shall have an easement of access 
to such property for the purpose of maintaining the aids 
to navigation in use on the property; and 
(F) the property shall be rehabilitated and maintained 
by the owner in accordance with the provisions of the 
National Historic Preservation Act of 1966 (16 U.S.C. 470 
et seq.). 
(4) MAINTENANCE OF CERTAIN EQUIPMENT NOT REQUIRED.— 
The Washington State Parks and Recreation Commission shall 
not have any obligation to maintain any active aid to navigation 
equipment on property conveyed pursuant to this section. 
(c3 DEFINITIONS.—For purposes or this section, the term— 
(1) "Cape Disappointment Lighthouse" means the Coast 
Guard lighthouse located at Fort Canby State Park, Washing-
ton, including— 
(A) the lighthouse, excluding any lantern or lens that 
is the personal property of the Coast Guard; and 
(B) such land as may be necessary to enable the 
Washington State Parks and Recreation Commission to 
operate at that lighthouse a center for pubUc benefit for 
the interpretation and preservation of the maritime history; 
(2) "North Head Lighthouse" means the Coast Guard light-
house located at Fort Canby State Park, Washington, 
including— 
(A) the lighthouse, excluding any lantern or lens that 
is the personal property of the Coast Guard; 
(B) ancillaiy buildings; and 
(C) such land as may be necessary to enable the 
Washington State Parks and Recreation Commission to 
operate at that lighthouse a center for public benefit for 
the interpretation and preservation of maritime history; 
(3) Toint Wilson Lighthouse" means the Coast Guard light-
house located at Fort Worden State Park, Washington, 
including— 
(A) the lighthouse, excluding anv lantern or lens that 
is the personal property of the Coast Guard; 
(B) 2 ancillary buildings; and 
(C) such land as may be necessary to enable the 
Washington State Parks and Recreation Commission to 
operate at that lighthouse a center for public benefit for 
the interpretation and preservation of maritime history; 
and 
(4) "Secretary" means the Secretary of Transportation. 
Maine. 
SEC. 326. HERON NECK UGHTHOUSE. 
(a) AUTHORITY To TRANSFER.— 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2433 
(1) IN GENERAL.—^The Secretary of Transportation shall 
convey by any appropriate means to the Island Institute, Rock-
land, Maine, all right, title, and interest of the United States 
in and to property comprising the Heron Neck Lighthouse. 
(2) IDENTIFICATION O
F PROPERTY.—^The Secretary may iden-
tify, describe, and determine property conveyed pursuant to 
this subsection. 
(b) TERMS AND CONDITIONS.— 
(1) IN GENERAL.—^The conveyance of property pursuant to 
subsection (a) shall be made— 
(A) without pajrment of consideration; and 
(B) subject to such terms and conditions as the Sec-
retary may consider appropriate. 
(2) USE OF PROPERTY.—^The property conveyed pursuant 
to subsection (a) may be used for educational, historic, rec-
reational, and cultural programs open to and for the benefit 
of the general public. Theme displays, museums, gift shops, 
open e^bits, meeting rooms, and an office and quarters for 
personnel in connection with security and administration of 
the property are expressly authorized. Other uses not inconsist-
ent witJi the foregoing uses are permitted unless the Secretary 
shall reasonably determine that such uses are incompatible 
with the historic nature of the property or with other provisions 
of this section. 
(3) REVISIONARY INTEREST.—In addition to any term or 
condition established pursuant to paragraph (1), any convey-
ance of property comprising the Heron Neck Lighthovise pursu-
ant to subsection (a) shall be subject to the condition that 
all right, title, and interest in and to the property so conveyed 
shall immediately revert to the United States if the property, 
or any part thereof— 
(A) ceases to be used as a nonprofit center for edu-
cational, historic, recreational, and cultural programs open 
to and for the benefit of the general public; 
(B) ceases to be maintained in a manner that ensures 
its present or future use as a Coast Guard aid to navigation; 
or 
(C) ceases to be maintained in a manner consistent 
with the provisions of the National Historic Preservation 
Act of 1966 (16 U.S.C. 470 et seq.). 
(4) REQUIRED CONDITIONS.—^Any conveyance of property 
pursuant to this section shall be made subject to such conditions 
as the Secretary considers to be necessary to assure that— 
(A) the light, antennas, soimd signal, and associated 
lighthouse equipment located on the property conveyed, 
which are active aids to navigation, shall continue to be 
operated and maintained by the United States Government 
for as long as they are needed for this piupose; 
(B) the Island Institute may not interfere or allow 
interference in any manner with such 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 aids to navigation or msdce 
any changes on any property as may be necessary for 
navigation purposes; 
107 STAT. 2434 
PUBLIC LAW 103-206—DEC. 20, 1993 
(D) the United States shall have the right, at any 
time, to enter such property without notice for the purpose 
of maintaining aids to navigation; and 
(E) the United States shall have an assessment of 
access to such property for the purpose of maintcdning 
the aids to navigation in use on the property. 
(5) MAINTENANCE OBLIGATION.—The Island Institute shall 
^ 
not have any obligation to maintain any active aid to navigation 
equipment on property conveyed pursuant to subsection (a). 
(c) PROPERTY TO BE MAINTAINED IN ACCORDANCE WITH CER-
TAIN LAWS.—^The Island Institute shall maintain the Heron Neck 
Lighthouse in accordance with the Provisions of the National His-
toric Preservation Act of 1966 (16 U.S.C. et seq.) and other 
applicable laws. 
(d) DEFINITIONS.—^For purposes of this section, the term "Heron 
Neck Lighthouse" mecuis the Coast Guard Ughthouse located on 
Green Island, Vinalhaven, Maine, including— 
(1) the attached keeper's dwelling, ancillary buildings, and 
associated fog signal, ana boat ramp; and 
(2) such land as may be necessary to enable the Island 
Institute to operate at that lighthouse a nonprofit center for 
public benefit. 
Maine. 
SEC. 327. BURNT COAT HARBOR UGHTHOUSE. 
(a) AUTHORITY TO TRANSFER.— 
(1) IN GENERAL.—^The Secretary of Transportation shall 
convey by any appropriate means to the Town or Swan's Island, 
Swans Island, Maine, all right, title, and interest of the United 
States in and to property comprising the Burnt Coat Harbor 
Lighthouse. 
(2) IDENTIFICATION OF PROPERTY.—The Secretary may iden-
tify, describe, and determine property conveyed pursuant to 
this subsection. 
(b) TERMS AND CONDITIONS.— 
(1) IN GENERAL.—^The conveyance of property pursuant to 
subsection (a) shall be made— 
(A) without payment of consideration; and 
(B) subject to such terms and conditions as the Sec-
retary may consider appropriate. 
(2) USE OF PROPERTY.—^The property conveyed pursuant 
to subsection (a) may be used for educational, historic, rec-
reational, and cultural programs open to and for the benefit 
of the general public. Theme displays, museums, gifi; shops, 
open euiibits, meeting rooms, ana an ofiGce and quarters for 
personnel in connection with security and administration of 
the property are expressly authorized. Other uses not inconsist-
ent with the foregoing uses are permitted imless the Secretary 
shall reasonably determine that such uses are incompatible 
with the historic nature of the property or with other provisions 
of this section. 
(3) REVERSIONARY INTEREST.—In addition to any term or 
condition established pursuant to paragraph (1), any convey-
ance of property comprising the Burnt Coat Harbor Lighthouse 
pursuant to subsection (a) shall be subject to the condition 
that all right, title, and interest in and to the property so 
conveyed shall immediately revert to the United States if the 
property, or any part thereof— 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2435 
(A) ceases to be used as a nonprofit center for public 
benefit for the interpretation and preservation of the mate-
rial culture of the United States Coast Guard and the 
maritime history of the State of Maine; 
(B) ceases to be maintained in a manner that ensiires 
its present or future use as a Coast Guard aid to navigation; 
or 
(C) ceases to be maintained in a manner consistent 
with the provisions of the National Historic Preservation 
Act of 1966 (16 U.S.C. 470 et seq.). 
(4) REQUIRED CONDITIONS.—^Any conveyance of property 
pursuant to tiiis section shall be made subject to such conditions 
as the Secretary considers to be necessary to assure that— 
(A) the light, antennas, soimd signal, and associated 
lighUiouse equipment located on the property conveyed, 
which are active aids to navigation, shall continue to be 
operated and maintained by the United States Government 
for as long as they are needed for this purpose; 
(B) the Town of Swan's Island may not interfere or 
allow interference in any manner with such aids to naviga-
tion without express written permission from the Secretary; 
(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 property as may be necessary for 
navigation purposes; 
(D) the United States shall have the right, at any 
time, to enter such property without notice for the purpose 
of maintaining aids to navigation; and 
(E) the United States shall have an easement of access 
to such property for the purpose of maintaining the aids 
to navigation in use on the property. 
(5) MAINTENANCE OBUGATION.—The Town of Swan's Island 
shall not have any obligation to maintain any active aid to 
navigation equipment on property conveyed pursuant to sub-
section (a). 
(c) PROPERTY TO BE MAINTAINED IN ACCORDANCE WITH CERTAIN 
LAWS.—^The Town of Swan's Island shall maintain the Burnt Coat 
Harbor Lighthouse in accordance with the provisions of the National 
Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) and other 
applicable laws. 
(d) DEFINITIONS.—^For purposes of this section, the term "Burnt 
Coat Harbor Lighthouse" means the Coast Guard lighthouse located 
on Swans Island, Maine, including the keeper's dwelling, oil house, 
bell tower and such lands as may be necessary to enable the 
Swan's Island Educational Society to operate at the lighthouse 
a nonprofit center for public benefit. 
TITLE IV—EMPLOYMENT AND 
DISCHARGE 
SEC. 401. SHIPPING ARTICLES AGREEMENTS. 
Section 10302 of title 46, United States Code, is amended— 
(1) by amending subsection (a) to read as follows: 
"(a) The owner, charterer, managing operator, master, or 
individual in charge shall make a shipping agreement in writing 
107 STAT. 2436 
PUBLIC LAW 103-206—DEC. 20, 1993 
with each seaman before the seaman commences emplojrment."; 
and 
(2) by adding at the end the following new subsections: 
''(c) Each shipping agreement must be signed by the master 
or individual in charge or a representative of the owner, charterer, 
or managing operator, and by each seaman employed. 
"(d) The owner, charterer, managing operator, master, or 
individual in charge shall maintain the shipping an«ement and 
make the shipping agreement available to the seaman. . 
SEC. 402. FORM OF AGREEMENTS. 
Section 10304 of title 46, United States Code, is amended 
by striking "Shipping commissioner's signature or initials" from 
the form. 
SEC. 403. MANNER OF SIGNING AGREEMENTS. 
Section 10305 of title 46, United States Code, is amended— 
(1) in subsection (aX2), by striking "a shipping commis-
sioner^ and inserting in lieu thereof **ihe master or mdividual 
in charcre"* 
(2) by striking "(a)"; and 
(3) by striking subsections (b) and (c). 
SEC. 404. EXHIBITING MERCHANT MARINERS'DOCUMENTS. 
Section 10306 of title 46, United States Code, is amended 
by striking "shipping commissioner" and inserting in lieu thereof 
"master or individual in charge". 
SEC. 405. REPEAL OF PENALTY FOR FAILURE TO POST AGREEMENT. 
Section 10307 of title 46, United States Code, is amended 
by striking the last sentence. 
SEC. 406. REPEAL OF PENALTY RELATING TO ENGAGING SEAMEN 
OUTSIDE UNITED STATES. 
Section 10308 of title 46, United States Code, is amended 
by striking "(a)" and by striking subsection (b). 
SEC. 407. REPEAL 
OF 
PENALTY 
RELATING 
TO 
ENGAGING 
REPLACE-
MENT 
SEAMEN; 
APPUCATION 
OF 
REQUIREMENTa 
Section 10309 of title 46, United States Code, is amended 
by striking subsection (b) and redesignating subsection (c) as sub-
section (b). 
SEC. 408. ACCOUNTING OF WAGES AND DEDUCTIONS AT PAYOFF OR 
DISCHARGE. 
Section 10310 of title 46, United States Code, is amended 
by striking "or a shipping commissioner" in the first sentence and 
by striking the last sentence. 
SEC. 409. CERTIFICATES OF DISCHARGE. 
Section 10311 of title 46, United States Code, is amended— 
(1) in subsection (a), by striking "shipping commissioner" 
and inserting in lieu thereof "master or individual in charge"; 
(2) in subsection (b), by striking the last sentence and 
inserting in lieu thereof "Tiie certificate shall be signed by 
the master and the seaman."; 
(3) in subsection (dXD, by striking "Secretary" and insert-
ing in lieu thereof "owner, charterer, managing operator, mas-
ter, or individual in charge"; and 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2437 
(4) in subsection (dX2), by striking "at a cost prescribed 
by regulation" and inserting in lieu thereof "at the request 
of the seaman". 
SEC. 410. SETTLEMENTS ON DISCHARGE. 
Section 10312 of title 46, United States Code, is amended 
to read as follows: 
*
*
§ 10312. Settlements on discharge 
"When discharge and settlement are completed, the master, 
individual in charge, or owner and each seaman shall sign the 
agreement required by section 10302 of this title.". 
SEC. 411. RECORDS OF SEAMEN. 
Section 10320 of title 46, United States Code, is amended 
to read as follows: 
''110320. Records of seamen 
The Secretary shall prescribe reg^ulations requiring vessel 
owners to maintain records of seamen on matters or engagement, 
discharge, and service. A vessel owner shall make these records 
available to the seaman and the Coast Guard on request.". 
SEC. 412. GENERAL PENALTY. 
Section 10321 of title 46, United States Code, is amended 
to read as follows: 
**i 10321. General penalty 
"(a) A person violating any provision of this chapter or a regula-
tion prescribed under this chapter is liable to the United States 
Gk)vemment for a civil penalty of not more than $5,000. 
"(b) The vessel is uable m rem for any penalty assessed under 
this section.". 
SEC. 413. SHIPPING ARTICLES AGREEMENTS. 
Section 10502 of title 46, United States Code, is amended— 
(1) by amending subsection (a) to read as follows: 
"(a) The owner, charterer, managing operator, master, or 
individual in charge shall make a shipping agreement in writing 
with each seaman before the seaman commences emplo3anent.'^ 
and 
(2) by adding at the end the following new subsections: 
"(d) Each shipping agreement must be signed by the master 
or individual in charge or a representative of the owner, charterer, 
or managing operator, and by each seaman employed. 
"(e) The owner, charterer, managing operator, master, or 
individual in charge shall maintain the shipping agreement and 
make the shipping agreement available to the seaman. 
"(f) The Secreta^ shall prescribe regulations requiring shipping 
companies to maintam records of seamen on matters of engagement, 
discharge, and service. The shipping companies shall make these 
records available to the seaman and the Cfoast Guard on request.". 
SEC. 414. ADVANCES. 
Section 10505 of title 46, United States Code, is amended— 
(1) in subsection (aX2), by striking "$100" and inserting 
in lieu thereof "$5,000"; and 
(2) in subsection (b), by striking "$500" and inserting in 
lieu thereof "$5,000". 
Regulations. 
Regulations. 
Records. 
107 STAT. 2438 
PUBLIC LAW 103-206—DEC. 20, 1993 
SEC. 415. DUTIES OF SHIPPING COMMISSIONERS. 
(a) REPEAL.—Section 10507 of title 46, United States Code, 
is repealed. 
(b) CONFORMING AMENDMENT.—The amdysis at the beginning 
of chapter 105 of title 46, United States Code, is amended by 
striking the item relating to section 10507. 
SEC. 41«. GENERAL PENALTIE& 
Section 10508(b) is amended by striking ''$20'' and inserting 
in lieu thereof "not more than $5,000 . 
SEC. 
417. 
GENERAL 
REPORT 
REQUIREMENT. 
Section 10103(a) of title 46, United States Code, is amended— 
(1) by striking 'Vithout a shipping commissioner being 
present"; and 
(2) by inserting 'ix) the vessel owner" immediately after 
"shall submit reports". 
SEC. 418. PROCEDURES OF MASTERS REGARDING SEAMAN^ EFFECTS. 
Section 10703 of title 46, United States Code, is amended— 
(1) in subsection (a), by striking "by regulations prescribed 
by the Secretary" and inserting m lieu thereof "m section 
10706 of this title"; 
(2) in subsection (b), by striking "as prescribed by regula-
tions" and inserting in lieu thereof "to a district court of the 
United States"; and 
(3) in subsection (c), by striking "subsection (a) of this 
section" and inserting in lieu thereof "section 10706 of this 
title". 
SEC. 419. SEAMEN DYING IN UNITED STATES. 
Section 10706 of title 46, United States Code, is amended 
by striking at the end "as provided by regulations prescribed by 
the Secretary." and inserting in lieu thereof "to a district court 
of the United States within one week of the seaman's death. If 
the seaman's death occurs at sea, such money, property, or wages 
shall be delivered to a district court or a consular ofincer within 
one week of the vessel's arrival at the first port call after the 
seaman's death.". 
SEC. 420. DELIVERY TO DISTRICT COURT. 
(a) REPEAL.—Section 10707 of title 46, United States Code, 
is repealed. 
(b) AMENDMENT TO CHAPTER ANALYSIS.—The analysis at the 
beginning of chapter 107 of title 46, United States Code, is amended 
by striking the item relating to section 10707. 
SEC. 421. DISPOSAL OF FORFEITURES. 
Section 11505 of title 46, United States Code, is amended— 
(1) in subsection (a), by striking the last sentence and 
inserting in lieu thereof "The balance shall be transferred to 
the appropriate district court of the United States when the 
voyage is completed."; and 
(2) in subsection (b), by striking the first sentence. 
SEC. 422. CONFORMING AMENDMENTS. 
(a) DUTIES OF MASTERS.—Section 10702(b) of title 46, United 
States Code, is amended by striking "a shipping commissioner" 
and inserting in lieu thereof "the consular officer or court clerk". 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2439 
(b) COMPLAINTS OF UNFITNESS.—Section 10902(b) of title 46, 
United States Code, is amended— 
(1) in paragraph (1)— 
(A) by inserting "Secretary,** immediately after "The 
complaint may be made to the**; 
(B) by striking "Coast Guard shipping commissioner,"; 
and 
(2) in paragraphs (2) and (3), by striking "The officer, 
commissioner," each place it appears and inserting in Ueu 
thereof 
The Secretary, officer,". 
(c) SHIPPING COMMISSIONER DESIGNATIONS AND DUTIES.—(1) 
Section 10102 of title 46, United States Code, is repealed. 
(2) The analysis at the beginning of chapter 101 is amended 
by striking the item relating to section 10102. 
TITLE V—PASSENGER VESSEL SAFElY ^^^^^^ 
Safety Act 
SEC. 501. SHORT TITLE. 
% 1^|^ 2101 
This title may be cited as the "Passenger Vessel Safety Act ^ote. 
of 1993**. 
SEC. 502. PASSENGER. 
Section 2101(21) of title 46, United States Code, is amended 
to read as follows: 
"(21) 'passenger*— 
"(A) means an individual carried on the vessel except— 
"(i) the owner or an individual representative of 
the owner or, in the case of a vessel under charter, 
an individual charterer or individual representative 
of the charterer; 
"(ii) the master; or 
"(iii) a member of the crew engaged in the business 
of the vessel who has not contributed consideration 
for carriage and who is paid for on board services; 
"(B) on an offshore supply vessel, means an individual 
carried on the vessel except— 
"(i) an individual included in clause (i), (ii), or 
(iii) of subparagraph (A) of this paragraph; 
"(ii) an employee of the owner, or of a subcontractor 
to the owner, engaged in the business of the owner; 
"(iii) an employee of the charterer, or of a sub-
contractor to the charterer, engaged in the business 
of the charterer; or 
"(iv) an individual employed in a phase of explo-
ration, exploitation, or production of onshore mineral 
or energy resources served by the vessel; 
"(C) on a fishing vessel, fish processing vessel, or fish 
tender vessel, means an individual carried on the vessel 
except— 
"(i) an individual included in clause (i), (ii), or 
(iii) of subparagraph (A) of this paragraph; 
"(ii) a managing operator; 
"(iii) an employee of the owner, or of a subcontrac-
tor to the owner, engaged in the business of the owner; 
107 STAT. 2440 
PUBLIC LAW 103-206—DEC. 20, 1993 
^ 
"(iv) an employee of the charterer, or of a sub-
contractor to the charterer, engaged in the business 
of the charterer; or 
"(v) an observer or sea sampler on board the vessel 
pursuant to a requirement of State or Federal law; 
or 
"(D) on a sailing school vessel, means an individual 
carried on the vessel except— 
''(i) an individual included in clause (i), (ii), or 
(iii) of subparagraph (A) of this paragraph; 
**(ii) an employee of the owner of 
the vessel engaged 
in the business of the owner, except when the vessel 
is operating imder a demise charter; 
"(iii) an emplovee of the demise charterer of the 
vessel engaged in the business of the demise charterer; 
or 
"(iv) a sailing school instructor or sailing school 
student.". 
SEC. 503. PASSENGER VESSEL. 
Section 2101(22) of title 46, United States Code, is amended 
to read as follows: 
"(22) 'passenger vessel' means a vessel of at least 100 
gross tons— 
"(A) canying more than 12 passengers, including at 
least one passenger for hire; 
"(B) that is chartered and carrying more than 12 pas-
sengers; or 
"(C) that is a submersible vessel canying at least one 
passenger for hire.". 
SEC. 
504. 
SMALL 
PASSENGER 
VESSEL. 
Section 2101(35) of title 46, United States Code, is amended 
to read as follows: 
"(35) 'small passenger vessel' means a vessel of less than 
100 gross tons— 
"(A) canying more than 6 passengers, including at 
least one passenger for hire; 
"(B) that is chartered with the crew provided or speci-
fied by the owner or the owner's representative and carry-
ing more than 6 passengers; 
"(C) that is chartered with no crew provided or specified 
by the owner or the owner's representative and carrying 
more than 12 passengers; or 
"(D) that is a submersible vessel carrying at least 
one passenger for hire.". 
SEC. 
5
0
5
. 
UNINSPECTED 
PASSENGER 
VESSEL. 
Section 2101(42) of title 46, United States Code, is amended 
to read as follows: 
"(42) 'uninspected passenger vessel' means an iminspected 
vessel— 
"(A) of at least 100 gross tons— 
"(i) carrying not more than 12 passengers, includ-
ing at least one passenger for hire; or 
j 
"(ii) that is chartered with the crew provided or 
specified by the owner or the owner's representative 
and carrying not more than 12 passengers; and 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2441 
"(B) of less than 100 gross tons— 
"(i) carrying not more than 6 passengers, including 
at least one passenger for hire; or 
^ii) that is chartered with the crew provided or 
specific by the owner or the owner's representative 
and carrying not more than 6 passengers.". 
SEC. 60«. PASSENGER FOR HIRE. 
Section 2101 of title 46, United States Code, is amended by 
inserting between paragraphs (21) and (22) a new paragraph (21a) 
to read as follows: 
''(21a) 'passenger for hire' means a passenger for whom 
consideration is contributed as a condition of carriage on the 
vessel, whether directly or indirectly flowing to the owner, 
charterer, operator, agent, or any other person having an 
interest in the vessel.". 
SEC. S07. CONSIDERATION. 
Section 2101 of title 46, United States Code, is amended by 
inserting between paragraphs (5) and (6) a new paragraph (5a) 
to read as follows: 
"(Sa) 'consideration' means an economic benefit, induce-
ment, ri^ht, or profit including pecuniary payment accruing 
to an individual, person, or entity, out not including a voluntary 
sharing of the actual expenses of the voyage, by monetary 
contribution or donation of fuel, food, beverage, or other sup-
plies.". 
SEC. 508. OFFSHORE SUPPLY VESSEL. 
Section 2101(19) of title 46, United States Code, is amended 
by inserting 'individuals in addition to the crew," immediately 
after "supplies," and by striking everjrthing after "resources" to 
the period at the end. 
SEC. 509. SAILING SCHOOL VESSEL. 
Section 2101(30) of title 46, United States Code, is amended 
in subparagraph (B) by striking "at least 6" and substituting "more 
than 6*'. 
SEC. 510. SUBMERSIBLE VESSEL. 
Section 2101 of title 46, United States Code, is amended by 
inserting between paragraphs (37) and (38) a new paragraph (37a) 
to read as follows: 
"(37a) 'submersible vessel' means a vessel that is capable 
of operating below the surface of the water.". 
SEC. 511. GENERAL PROVISION. 
(a) Section 2113 of title 46, United Stetes Code, is amended 
to read as follows: 
'*i 2113. Authority to exempt certain vessels 
"If the Secretary decides that the application of a provision 
of part B, C, F, or G of this subtitle is not necessary in performing 
the mission of the vessel engaged in excursions or an oceanographic 
research vessel, or not necessary for the safe operation of certain 
vessels carrying passengers, the Secretary by regulation may— 
"(1) for a vessel, issue a special permit specifying the condi-
tions of operation and equipment; 
107 STAT. 2442 
PUBLIC LAW 103-206—DEC. 20, 1993 
Regulations. 
Regulations. 
46 use 3306 
note. 
"(2) exempt an oceanographic research vessel from that 
provision under conditions the Secretary may specify; 
"(3) establish different operating and equipment require-
ments for vessels defined in section 2101(42XA) of this title; 
"(4) establish different structural fire protection, manning, 
operating, and equipment requirements for vessels of at least 
100 gross tons but less than 300 gross tons canying not more 
than 150 passengers on domestic voyages if the owner of the 
vessel— 
"(A) makes application for inspection to the Coast 
Guard within 6 months of the date of enactment of the 
Passenger Vessel Safety Act of 1993; and 
"(B) provides satisfactory docimientation that the ves-
sel was chartered at least once within the previous 12 
months prior to the date of enactment of that Act; and 
"(5) establish different structural fire protection, manning, 
operating, and equipment requirements for former public ves-
sels of the United States of at least 100 gross tons but less 
than 500 gross tons, carrying not more than 150 passengers 
on domestic voyages, if the owner of the vessel— 
"(A) makes application for inspection to the Coast 
Guard within 6 months of the date of enactment of the 
Passenger Vessel Safety Act of 1993; and 
"(B) provides satisfactory documentation that the ves-
sel was chartered at least once within the previous 12 
months prior to the date of enactment of that Act.", 
(b) Section 4105 of title 46, United States Code, is amended— 
(1) by inserting "(a)" before the text; and 
(2) by adding a new subsection (b) to read as follows: 
**(b) Within twenty-four months of the date of enactment of 
this subsection, the Secretary shall, bv regulation, require certain 
additional equipment which may incluae liferafts or other lifesaving 
equipment, construction standards, or specify additional operating 
standards for those uninspected passenger vessels defined in section 
2101(42XA) of this title.". 
SEC. 512. EQUIPMENT AND STANDARDS FOR CERTAIN PASSENGER 
VESSELS. 
(a) Section 3306 of title 46, United States Code, is amended 
by addingat the end the following new subsections: 
"(h) The Secretary shall establish appropriate structural fire 
protection, manning, operating, and equipment requirements for 
vessels of at least 100 gross tons but less than 300 gross tons 
carr3dng not more than 150 passengers on domestic voyages, which 
meet the eligibility criteria of section 2113(4) of this title. 
"(i) The Secretary shall establish appropriate structural fire 
protection, manning, operating, and equipment requirements for 
former public vessels of the United States of at least 100 gross 
tons but less that 500 gross tons canying not more than 150 
passengers on domestic voyages, which meet the eligibility criteria 
of section 2113(5) of this title. . 
(b) The Secretary of Transportation shall, within twenty-four 
months of the date of enactment of this Act, prescribe regulations 
establishing the structural fire protection, manning, operating, and 
equipment requirements for vessels which meet me requirements 
of subsections (h) and (i) of section 3306 of title 46, United States 
Code, as amended by this Act. 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2443 
(c) Before the Secretary of Transportation prescribes regulations 
under subsections (h) ana (i) of section 3306 of title 46, United 
States Code, as amended by this Act, the Secretary may prescribe 
the route, service, manning, and equipment for those vessels based 
on existing passenger vessel and small passenger vessel regulations. 
SEC. 513. APPUCABILITY DATE FOR REVISED REGULATIONS. 
42 USC 2101 
(a) APPLICABILITY DATE FOR CERTAIN CHARTERED VESSELS.— 
Revised regulations governing small passenger vessels and pas-
senger vessels (as the definitions of tnose terms in section 2101 
of title 46, United States Code, are amended by this Act) shall 
not, before the date that is 6 months after the date of enactment 
of this Act, apply to such vessels when chartered with no crew 
provided. 
(b) EXTENSION OF PERIOD.—The Secretary of the department 
in which the Coast Guard is operating shall extend for up to 
30 additional months or until issuance of a certificate of inspection, 
whichever occurs first, the period of inapplicability specified in 
subsection (a) if the owner of the vessel concerned carries out 
the provisions of subsection (c) to the satisfaction of the Secretary. 
(c) CONDITIONS FOR EXTENSION.—^To receive 
an 
extension 
authorized by subsection (b), the owner of the vessel shall— 
(1) make application for inspection with the Coast Guard 
within 6 months after the date of enactment of this Act; 
(2) make the vessel available for examination by the Coast 
Guard prior to the carriage of passengers; 
(3)(A) correct especially any hazardous conditions involving 
the vessel's structure, electrical system, and machinery installa-
tion, such as (i) grossly inadequate, missing, unsoimd, or 
severely deteriorated frames or major structural members; (ii) 
wiring systems or electrical appliances without proper ground-
ing or overcurrent protection; and (iii) significant fuel or 
exhaust system leaks; 
(B) equip the vessel with lifesaving and fire fighting equip-
ment, or the portable equivalent, required for the route and 
nimiber of persons carried; and 
(C) verify through stability tests, calculations, or other 
practical means (which may include a history of safe operations) 
that the vessel's stability is satisfactory for the size, route, 
and number of passengers; and 
(4) develop a work plan approved by the Coast Guard 
to complete in a good faith effort all requirements necessary 
for issuance of a certificate of inspection as soon as practicable. 
(d) OPERATION OF VESSEL DURING EXTENSION PERIOD.—The 
owner of a vessel receiving an extension under this section shall 
operate the vessel under the conditions of route, service, number 
of passengers, manning, and equipment as may be prescribed by 
the Coast Guard for the extension period. 
TITLE VI—DOCUMENTATION OF 
VESSELS 
SEC. 601. DOCUMENTATION O F VESSELS. 
(a) Notwithstanding section 27 of the Merchant Marine Act, 
1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App. 
U.S.C. 289), and section 12106 of title 46, United States Code, 
107 STAT. 2444 
PUBLIC LAW 103-206—DEC. 20, 1993 
the Secretary of Transportation may issue certificates of documenta-
tion with a coastwise endorsement for the following vessels: 
(1) ABORIGINAL (United States official number 942118). 
(2) AFTERSAIL (United States official number 689427). 
(3) ALEXANDRIA (United States official number 586490). 
(4) AMANDA (Michigan registration number MC-1125--
FR). 
(5) ARBITRAGE II (United States official number 962861). 
(6) ARIEL (United States official number 954762). 
(7) BRANDARIS (former United States official number 
263174). 
(8) COMPASS ROSE (United States official number 
695865). 
(9) DIXIE (United States official number 513159). 
(10) ELISSA (United States official number 697285). 
(11) EMERALD PRINCESS (former United States official 
number 530095). 
(12) ENTERPRISE (United States official number 692956). 
(13) EUROPA STAR (former United States official number 
588270). 
(14) EUROPA SUN (former United States official number 
596656). 
(15) GAZELA OF PHILADELPHIA (Pennsylvania registra-
tion number PA-4339-AF). 
(16) GUSTO (United States official number 624951). 
(17) GRAY (Connecticut registration number CT-5944-AJ). 
(18) GRIZZLY PROCESSOR (Canadian official number 
369183). 
(19) GYPSY COWBOY (United States official number 
550771). 
(20) IMPATIENT LADY (United States official number 
553952). 
(21) INTREPID DRAGON II (United States official number 
548109). 
(22) ISLAND GIRL (United States official number 674840). 
(23) JULIET (Michigan registration number M(3-1669-
LM). 
(24) KALENA (Hawaii registration number HA-1923-E). 
(25) LAURISA (United States official number 924052). 
(26) LIBBY ROSE (United States official number 236976). 
(27) LISERON (United States official number 971339). 
(28) MARINE STAR (United States official number 
248329). 
(29) MARINER (United States official number 285452). 
(30) MARY B (Kentucky registration number KY-0098-
HX). 
(31) MOONSHINE (United States official number 974226). 
(32) MYSTIQUE (United States official number 921194). 
(33) NORTHERN LIGHT (United States official number 
237510). 
(34) PAI NUI (Hawaii registration number HA-6949-D). 
(35) PANDACEA (United States official number 665892). 
(36) PELICAN (United States official niunber 234959). 
(37) PLAY PRETTY (United States official number 975346). 
(38) PRINCE OF TIDES II (United States official number 
903858). 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2445 
(39) RANGOON RUBY (Hawaii registration number HA-
5636-B). 
(40) RBOAT (United States official number 563955). 
(41) SABLE (Massachusetts registration number MS-1841-
AM). 
(42) SERENA (United States official number 965317). 
(43) SHILOH (United States official number 902675). 
(44) SIDEWINDER (United States official number 991719). 
(45) SWELL DANCER (United States official number 
622046). 
(46) TESSA (United States official number 675130). 
(47) TOP DUCK (United States official number 990973). 
(48) VIKING (United States official number 286080). 
(49) WHIT CON TIKI (United States official number 
663823). 
(b) Notwithstanding section 27 of the Merchant Mcirine Act, 
1920 (46 App. U.S.C. 883) or any other law restricting a foreign-
flag vessel from operating in the coastwise trade, the foreign-flag 
vessel H851 may engage in the coastwise trade to transport an 
offshore drilling platform jacket from a place near Aransas Pass, 
Texas, to a site on the Outer Continental Shelf known as Viosca 
Knoll 989. 
(c) Notwithstanding section 27 of the Merchant Marine Act, 
1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App. 
U.S.C. 289), and sections 12106 and 12107 of title 46, United 
States Code, the Secretary of Transportation may issue certificates 
of documentation with a coastwise and Great Lakes endorsement 
for the vessels LADY CHARL II (United States official number 
541399) and LINETTE (United States official number 654318). 
(d) Notwithstanding section 27 of the Merchant Marine Act, 
1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App. 
U.S.C. 289), and section 12106 of title 46, United States Code, 
tiie Secretary of Transportation may issue a certfficate of docu-
mentation with a coastwise endorsement for the vessel MA^ TWIN 
DRILL (Panama official number 8536-PEXT-2) if— 
(1) the vessel undergoes a major conversion (as defined 
in section 2101 of title 46, United States Code) in a United 
States shipyard; 
(2) the cost of the major conversion is more than three 
times the purchase value of the vessel before the major conver* 
sion; 
(3) the m£gor conversion is completed and the vessel is 
documented under chapter 121 of title 46, United States Code, 
with a coastwise endorsement before June 30,1995; 
(4) the person documenting the vessel contracts with a 
United States shipyard to construct an additional vessel of 
equal or greater capacity within 12 months of the date of 
enactment of this Act, for delivery within 36 months of the 
date of such contract; and 
(5) the additional vessel is documented under chapter 121 
of title 46, United States Code, immediately after it is con-
structed. 
(e) Notwithstanding sections 12106 and 12108 of title 46, 
United States Code, the Act of Jime 19, 1886 (46 App. U.S.C. 
289), and section 27 of the Merchant Marine Act, 1920 (46 App. 
U.S.C. 883), the Secretary of Transportation may issue a certificate 
of dociunentation with a coastwise and fishery endorsement for 
107 STAT. 2446 
PUBLIC LAW 103-206—DEC. 20, 1993 
the vessel REEL CLASS (Hawaii registration number HA-6566-
E). 
(f) Notwithstanding section 12108 of title 46, United States 
Code, the Secretary of Transportation may issue a certificate of 
documentation with a fishery endorsement for the vessel DA WAR-
RIOR (United States official number 962231). 
(g) Notwithstanding any other law or aiw agreement with the 
United States Government, the vessels UST ATLANTIC (United 
States official number 601437) and UST PACIFIC (United States 
official number 613131) may be sold to a person that is not a 
citizen of the United States and transferred to or placed under 
a foreign registry. 
(h) Notwithstanding any other law, the vessel AMY CHOUEST 
(United States official number 995631) is deemed to be less than 
500 gross tons, as measured under chapter 145 of title 46, United 
States Code, for purposes of the maritime laws of the United States. 
(i) Notwithstanding section 27 of the Merchant Marine Act, 
1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App. 
U.S.C. 289), and section 12106 of title 46, United States Code, 
the Secret£iry of Transportation may issue a certificate of docu-
mentation for the following vessels: 
(1) PRINCESS XANADU OF MONACO (United States offi-
cial number 660847). 
(2) INSPIRATION (United States official number 277099). 
(3) VENUS (United States official number 547419). 
(4) LATER (United States official number 615732). 
(5) MATCH MAKER (United States official number 
908725). 
TITLE VII—MISCELLANEOUS FISHERY 
PROVISIONS 
16 use 1823 
SEC. 701. GOVERNING INTERNATIONAL FISHERIES AGREEMENT. 
The Agreement between the Government of the United States 
of America and the Grovemment of the Russian Federation on 
Mutual Fisheries Relations which was entered into on May 31, 
1988, and which expired hy its terms on October 28, 1993, may 
be brought into force agam for the United States through an 
exchange of notes between the United States of America and the 
Russian Federation and may remain in force and effect on the 
part of the United States until May 1, 1994, and may be amended 
or extended by a subsequent agreement to which section 203 of 
the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1823) applies. 
SEC. 702. SHRIMP TRAWL FISHERY. 
Section 304(gX6XB) of the Magniison Fishery Conservation and 
Management Act (16 U.S.C. 1854(gK6XB)) is amended by striking 
"January 1,1994" and inserting "April 1,1994". 
SEC. 703. INTERNATIONAL FISHERY CONSERVATION IN THE CENTRAL 
BERING SEA. 
It is the sense of the Congress that— 
(1) the United States should take appropriate measures 
to conserve the resources of the Doughnut Hole, a small enclave 
of international waters in the central Bering Sea, encircled 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2447 
by the Exclusive Economic Zones of the United States and 
the Russian Federation; 
(2) the United States should continue its pursuit of an 
international agreement, consistent with its rights as a coastal 
state, to ensure proper management for future commercial 
viability of these natural resources; 
(3) the United States, working closely with the Russian 
Federation should, in accordance with international law and 
through multilateral consultations or through other means, 
promote effective international programs for the implementa-
tion and enforcement of regulations of the fisheries by those 
nations that fish in the Doughnut Hole; 
(4) the United States nonetheless should be mindful of 
its management responsibility in this regard and of its rights 
in accordance with international law to fully utilize the stock 
within its own exclusive economic zone; 
(5) the United States should accept as an urgent duty 
the need to conserve for future generations the Aleutian Basin 
pollock stock and should carry out that duty by taking all 
necessary measures, in accordance with international law; and 
(6) the United States should foster further multilateral 
cooperation leading to international consensus on management 
of the Doughnut Hole resources through the fullest use of 
diplomatic channels and appropriate domestic and international 
law and should explore all other available options and means 
for conservation and management of these living marine 
resources. 
SEC. 704. NOAA FAdLITIES IN KODIAK 
(a) Notwithstanding any other provision of law, the Secretary 
of Conmierce may enter into an agreement with the University 
of Alaska under which the University may contract for the engineer-
ing and design specifications of a facility on Near Island in Kodiak, 
Alaska, that meets the long-term space needs of National Oceanic 
and Atmospheric Administration personnel currently located in 
Alaska. 
(b) The Secretary may transfer available funds to the University 
of Alaska to pay for such engineering and design work if additional 
funds in an equal or greater amount are made available from 
non-Federal sources for such work. 
TITLE VIII—ATLANTIC COASTAL 
FISHERIES 
SEC. 801. SHORT TITLE. 
This title may be cited as the "Atlantic Coastal Fisheries 
Cooperative Management Act". 
SEC. 802. FINDINGS AND PURPOSE. 
(a) FiNDlNGS.^The Congress finds the following: 
(1) Coastal fishery resources that migrate, or are widely 
distributed, across the jurisdictional boundaries of two or more 
of the Atlantic States and of the Federal Government are 
of substantial commercial and recreational importance and eco-
nomic benefit to the Atlantic coastal region and the Nation. 
Atlantic 
Coastal 
Fisheries 
Cooperative 
Management 
Act. 
Conservation. 
Inter-
govermental 
relations. 
16 u s e 5101 
note. 
16 u s e 5101. 
107 STAT. 2448 
PUBLIC LAW 103-206—DEC. 20, 1993 
(2) Increased fishing pressure, environmental pollution, and 
the loss and alteration of habitat have reduced severely certain 
Atlantic coastal fishery resources. 
(3) Because no single governmental entity has exclusive 
management authority for Atlantic coastal fishery resources, 
harvesting of such resources in frequently subject to disparate, 
inconsistent, and intermittent State and Federal regulation 
that has been detrimental to the conservation and sustainable 
use of such resources and to the interests of fishermen and 
the Nation as a whole. 
(4) The responsibility for managing Atlantic coastal fish-
eries rests with the States, which carry out a cooperative pro-
gram of fishery oversight and management through the Atlantic 
States Marine Fisheries Commission. It is the responsibility 
of the Federal Government to support such cooperative inter-
state management of coastal fishery resources. 
(5) The failure by one or more Atlantic States to fully 
implement a coastal nsheiy management plan can affect the 
status of Atlantic coastal nsheries, and can discourage other 
States from fully implementing coastal fishery management 
plans. 
(6) It is in the national interest to provide for more effective 
Atlantic State fishery resource conservation and management, 
(b) PURPOSE.—^The purpose of this title is to support and encour-
age the development, implementation, and enforcement of effective 
interstate conservation and management of Atlantic coastal fishery 
resources. 
16 use 5102. 
SEC. 803. DEFINITIONS. 
In this title, the following definitions apply: 
(1) The term ''coastal fishery management plan" means 
a plan for managing a coastal fishery resource, or an amend-
ment to such plan, prepared and adopted by the Commission, 
that^ 
(A) contains information regarding the status of the 
resource and related fisheries; 
(B) specifies conservation and management actions to 
be taken by the States; and 
(C) recommends actions to be taken by the Secretary 
in the exclusive economic zone to conserve and manage 
the fishery. 
(2) The term "coastal fishery resource" means any fishery, 
any species of fish, or €my stcick of fish that moves among, 
or is broadly distributed across, waters imder the jurisdiction 
of two or more States or waters under the jimsdiction of one 
or more States and the exclusive economic zone. 
(3) The term "Commission" means the Atlantic States 
Marine Fisheries Commission established luider the interstate 
compact consented to and approved by the Congress in Public 
Laws 77-539 and 81-721. 
(4) The term "conservation" means the restoring, rebuild-
ing, and maintaining of any coastal fishery resource and the 
marine environment, in order to assure the availability of 
coastal fishery resources on a long-term basis. 
(5) The term "Councils" means Regional Fishery Manage-
ment Councils established under section 302 of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1852). 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2449 
(6) The term ''exclusive economic zone" means the exclusive 
economic zone of the United States established by Proclamation 
Number 5030, dated March 10, 1983. For the purposes of 
this title, the inner boundary of that zone is a line coterminous 
with the seaward boundary of each of the coastal States, and 
the outer boundary of that zone is a line drawn in such a 
manner that each point on it is 200 nautical miles from the 
baseline from which the territorial sea is measured. 
(7) The term "fish" means finfish, mollusks, crustaceans, 
and all other forms of marine animal life other than marine 
mammals and birds. 
(8) The term "fishery" means— 
(A) one or more stocks of fish that can be treated 
as a unit for purposes of conservation and management 
and that are identified on the basis of geographical, sci-
entific, technical, commercial, recreational, or economic 
characteristics; or 
(B) any fishing for such stocks. 
(9) TTie term "fishing" means— 
(A) the catching, taking, or harvesting offish; 
(B) the attempted catching, taking, or harvesting of 
fish; 
(C) any other activity that C
£
m be reasonably expected 
to result in the catching, taking, or harvesting of fish; 
or 
(D) any operations at sea in support of, or in prepara-
tion for, any activity described in subparagraphs (A) 
through (C). 
Such term does not include any scientific research activity 
or the catching, taking, or harvesting of fish in an aquaculture 
operation. 
(10) The term "implement and enforce" means to enact 
and implement laws or regulations as required to conform 
with the provisions of a coastal fishery management plan and 
to assure compliance with such laws or regulations by persons 
participating in a fishery that is subject to such plan. 
(11) The term "person" means any individual (whether 
or not a citizen or national of the United States), any corpora-
tion, partnership, association, or other entity (whether or not 
organized or existing imder the laws of any State), and any 
Federal, State, local, or foreign government or any entity of 
any such government. 
(12) The term "Secretary" means the Secretary of Com-
merce. 
(13) The term "State" means Maine, New Hampshire, 
Massachusetts, Rhode Island, Connecticut, New York, New Jer-
sey, Pennsylvania, Delaware, Maryland, Virginia, North Caro-
lina, South Carolina, Georgia, Florida, the District of Columbia, 
or the Potomac River Fisheries Commission. 
SEC. 804. STATE-FEDERAL COOPERATION IN ATLANtiC COASTAL 16 USC 5103. 
FISHERY MANAGEMENT. 
(a) FEDERAL SUPPORT FOR STATE COASTAL FISHERIES PRO-
GRAMS.—^The Secretary in cooperation with the Secretary of the 
Interior shall develop and implement a program to support the 
interstate fishery management efforts of the Commission. The pro-
gram shall include activities to support and enhance State coopera-
107 STAT. 2450 
PUBLIC LAW 103-206—DEC. 20, 1993 
tion in collection, management, and analysis of fishery data; law 
enforcement; habitat conservation; fishery research, including 
biological and socioeconomic research; and fishery management 
planning. 
(b) FEDERAL REGULATION IN EXCLUSIVE ECONOMIC ZONE.—(1) 
In the absence of an approved and implemented fishery manage-
ment plan under the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.), and after consultation with 
the appropriate Councils, the Secretary may implement regulations 
to govern fishing in the exclusive economic zone that are— 
(A) necessary to support the effective implementation of 
a coastal fishery management plan; and 
(B) consistent with the national standards set forth in 
section 301 of the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1851). 
The regulations may include measures recommended by the 
Commission to the Secretary that are necessary to support the 
provisions of the coastal fishery management plan. Regulations 
issued by the Secretary to implement an approved fishery manage-
ment plan prepared by the appropriate Councils or the Secretary 
under the Magnuson Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.) shall supersede any conflicting regulations 
issued by the Secretary under this subsection. 
(2) The provisions of sections 307, 308, 309, 310, and 311 
of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1857, 1858, 1859, 1860, and 1861) regarding prohibited 
acts, civil penalties, criminal offenses, civil forfeitures, and enforce-
ment shall apply with respect to regulations issued under this 
subsection as if such regulations were issued under the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.). 
16 use 5104. 
SEC. 805. STATE IMPLEMENTATION OF COASTAL FISHERY MANAGE-
MENT PLANS. 
(a) COASTAL FISHERY MANAGEMENT PLANS.—(1) The Commis-
sion shall prepare and adopt coastal fishery management plans 
to provide for the conservation of coastal fishery resources. In 
preparing a coastal fishery management plan for a fishery that 
IS located in both State waters and the exclusive economic zone, 
the Commission shall consult with appropriate Councils to deter-
mine areas where such coastal fishery management plan may com-
plement Council fishery management plans. The coastal fishery 
management plan shall specify the requirements necessary for 
States to be m compliance with the plan. Upon adoption of a 
coastal fishery management plan, the Commission shall identify 
each State that is required to implement and enforce that plan. 
(2) Within 1 year after the date of enactment of this Act, 
the Commission shall establish standards and procedures to govern 
the preparation of coastal fishery management plans under this 
title, including standards and procedures to ensure that— 
(A) such plans promote the conservation of fish stocks 
throughout their ranges and are based on the best scientific 
information available; and 
(B) the Commission provides adequate opportunity for pub-
lic participation in the plan preparation process, including at 
least four public hearings and procedures for the submission 
of written comments to the Commission. 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2451 
(b) STATE IMPLEMENTATION AND ENFORCEMENT.—<1) Each State 
identified under subsection (a) with respect to a coastal fishery 
management plan shall implement and enforce the measures of 
such plan within the timeframe estabUshed in the plan. 
(2) Within 90 days after the date of enactment of this Act, 
the Commission shall establish a schedule of timeframes within 
which States shall implement and enforce the measures of coastal 
fishery management plans in existence before such date of enact-
ment. No such timeframe shall exceed 12 months after the date 
on which the schedule is adopted. 
(c) COMMISSION MONITORING OF STATE IMPLEMENTATION AND 
ENFORCEMENT.—^The Commission shall, at least annually, review 
each State's implementation and enforcement of coastal fisherv 
management plans for the purpose of determining whether such 
State is effectively implementing and enforcing each such plan. 
Upon completion of such reviews, the Commission shall report Reports. 
the results of the reviews to the Secretaries. 
SEC. 806. STATE NONCOMPLIANCE WITH COASTAL FISHERY MANAGE- 16 USC 5105. 
MENT PLANS. 
(a) NONCOMPLIANCE DETERMINATION.—The Commission shall 
determine that a State is not in compliance with the provisions 
of a coastal fishery management plan if it finds that the State 
has not implemented and enforced such plan within the timeframes 
established under the plan or under section 805. 
(b) NOTIFICATION.—^Upon making any determination under sub-
section (a), the Commission shall within 10 working days noti^ 
the Secret£uies of such determination. Such notification shall 
include the reasons for making the determination and an explicit 
Ust of actions that the affected State must take to comply with 
the coastal fishery management plan. The Commission shall provide 
a copy of the notification to the affected State. 
(c) WITHDRAWAL OF NONCOMPLIANCE DETERMINATION.—After 
making a determination under subsection (a), the Commission shall 
continue to monitor State implementation and enforcement. Upon 
finding that a State has complied with the actions required imder 
subsection (b), the Commission shall immediately withdraw its 
determination of noncompliance. The Commission shall promptly 
notify the Secretaries of such withdrawal. 
SEC 807. SECRETARIAL ACTION. 
16 USC 5106. 
(a) SECRETARIAL REVIEW OF COMMISSION DETERMINATION OF 
NONCOMPLIANCE.—^Within 30 days after receiving a notification 
from the Commission under section 806(b) and after review of 
the Commission's determination of noncompliance, the Secretary 
shall make a finding on— 
(1) whether the State in question has failed to carry out 
its responsibility under section 805; and 
(2) if so, whether the measures that the State has failed 
to implement and enforce are necessary for the conservation 
of the fishery in question. 
(b) CONSIDERATION OF COMMENTS.—In making a finding under 
subsection (a), the Secretary shall— 
(A) give careful consideration to the comments of the State 
that the Commission has determined imder section 806(a) is 
not in compliance with a coastal fishery management plan, 
and provide such State, upon request, with the opportiinity 
69-194 O - 94 - 17 : QL. 3 Part i 
107 STAT. 2452 
PUBLIC LAW 103-206—DEC. 20, 1993 
to meet with and present its comments directly to the Secretary; 
and 
(B) solicit and consider the comments of the Commission 
and the appropriate Councils. 
(c) MORATORIUM.—(1) Upon making a finding under subsection 
(a) that a State has failed to carry out its responsibility under 
section 805 and that the measures it failed to implement and 
enforce are necessary for conservation, the Secretary shall declare 
a moratorium on fishing in the fishe^ in question within the 
waters of the noncomplying State. The Secretary shall specify the 
moratorium's effective date, which shall be any date within 6 
months after declaration of the moratorium. 
(2) If after a moratorium is declared under paragraph (1) the 
Secretary is notified by the Commission that the Commission is 
withdrawing imder section 806(c) the determination of noncompli-
ance, the Secretary shall immediately determine whether the State 
is in compliance with the applicable plan. If so, the moratorium 
shall be terminated. 
(d) IMPLEMENTING REGULATIONS.—The Secretary may issue 
regulations necessary to implement this section. Such regulations— 
(1) may provide for the possession and use of fish which 
have been produced in an aquaculture operation, subject to 
applicable State regulations; and 
(2) shall allow for retention of fish that are subject to 
a moratorium declared under this section and unavoidably 
taken as incidental catch in fisheries directed toward menhaden 
if— 
(A) discarding the retained fish is impracticable; 
(B) the retained fish do not constitute a significant 
portion of the catch of the vessel; and 
(C) retention of the fish will not, in the judgment 
of the Secretary, adversely affect the conservation of the 
species offish retained. 
(e) PROHIBITED ACTS DURING MORATORIUM.—^During the time 
in which a moratorium under this section is in effect, it is unlawful 
for any person to— 
(1) violate the terms of the moratorium or of any 
implementing regulation issued under subsection (d); 
(2) engage in fishing for any species of fish to which the 
moratorium applies within the waters of the State subject 
to the moratorium; 
(3) land, attempt to land, or possess fish that are caught, 
taken, or harvested in violation of the moratorium or of any 
implementing regulation issued under subsection (d); 
-^ 
(4) fail to return to the water immediately, with a minimum 
of injury, any fish to which the moratorium applies that are 
taken incidental to fishing for species other than those to which 
the moratorium applies, except as provided by regulations 
issued imder subsection (d); 
(5) refuse to permit any officer authorized to enforce the 
provisions of this title to board a fishing vessel subject to 
such person's control for purposes of conducting any search 
or inspection in connection with the enforcement of this title; 
(6) forcibly assault, resist, oppose, impede, intimidate, or 
interfere with any such authorized officer in the conduct of 
any search or inspection under this title; 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2453 
(7) resist a lawful arrest for any act prohibited by this 
section; 
(8) ship, transport, ofTer for sale, sell, purchase, import, 
or have custody, control, or possession of, any fish taken or 
retained in violation of this title; or 
(9) interfere with, delay, or prevent, by an^ means, the 
apprehension or arrest of another person, knowing that such 
other person has committed any act prohibited by this section. 
(£) CIVIL AND CRIMINAL PENALTIES.—(1) Any person who com-
mits any act that is unlawful under subsection (e) shall be liable 
to the United States for a civil penalty as provided by section 
308 of the Magnuson Fishery Conservation and Management Act 
(16U.S.C. 1858). 
(2) Any person who commits an act prohibited by paragraph 
(5), (6), (7), or (9) of subsection (e) is guilty of an offense punishable 
as provided by section 309 (aXl) and (b) of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1859 (aXD and (b)). 
(g) CIVIL FORFEITURES.—(1) Any vessel (including its gear, 
equipment, appurtenances, stores, and cargo) used, and any fish 
(or uie fair market value thereof) taken or retained, in any manner, 
in connection with, or as the result of, the commission of any 
act that is unlawful under subsection (e), shall be subject to forfeit-
ure to the United Stateis as provided in section 310 of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1860). 
(2) Any fish seized pursuant to this title may be disposed 
of pursuant to the order of a court of competent jurisdiction or, 
if perishable, in a manner prescribed in regulation. 
(h) ENFORCEMENT..—A person authorized by the Secretary or 
the Secretary of the department in which the Coast Guard is 
operating may take any action to enforce a moratorium declared 
imder subsection (c) of this section that an officer authorized by 
the Secretary under section 311(b) of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1861(b)) may take to 
enforce that Act. The Secretary may, by agreement, on a reimburs-
able basis or otherwise, utilize the personnel, services, equipment 
(including aircraft and vessels), and facilities of any other Federal 
department or agency and of any agency of a State in carrying 
out that enforcement. 
SEC. 808. FINANCIAL ASSISTANCE. 
16 USC 5107. 
The Secretary and the Secretary of the Interior may provide 
financial assistance to the Commission and to the States to carry 
out their respective responsibilities under this title, including— 
(1) the preparation, implementation, and enforcement of 
coastal fishery management plans; and 
(2) State activities that are specifically required within 
such plans. 
SEC. 809. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 5108. 
To carry out the provisions of this title, there are authorized 
to be appropriated $3,000,000 for fiscal year 1994, $5,000,000 for 
fiscal year 1995, and $7,000,000 for 
fiscal 
year 1996. 
SEC. 810. ATLANTIC STRIPED BASS CONSERVATION ACT. 
Section 9 of the Atlantic Striped Bass Conservation Act (16 
U.S.C. 1851 note) is repealed. 
107 STAT. 2454 
PUBLIC LAW 103-206—DEC. 20, 1993 
SEC. 811. INTERJURISDICTIONAL FISHERIES ACT OF 1986. 
Section 308(c) of the Inteijurisdictional Fisheries Act of 1986 
(16 U.S.C. 4107(c)) is amended by inserting ", and $600,000 for 
each of the fiscal years 1994 aaa 1995," immediately after "and 
1993". 
MeSiai 
TITLE IX—LIBERTY MEMORIAL 
Act of 1993. 
SEC. 901. SHORT TITLE. 
This title may be cited as the "Liberty Memorial Act of 1993". 
SEC. 902. CONVEYANCE VESSELS. 
(a) AUTHORITY TO CONVEY.—The Secretary of Transportation 
may convey without consideration all right, title, and interest of 
the United States in two vessels described in subsection (b) to 
any nonprofit organization that operates and maintains a Liberty 
Ship or Victory Ship as a memorial to merchant mariners. 
(b) VESSELS DESCRIBED.—^Vessels that may be conveyed under 
subsection (a) are vessels that— 
(1) are in the National Defense Reserve Fleet on the date 
of the enactment of this Act; 
(2) are not less than 4,000 displacement tons; 
(3) have no usefulness to the Government; and 
(4) are scheduled to be scrapped. 
(c) CONDITIONS OF CONVEYANCE.—As a condition of conveying 
any vessel to an organization imder subsection (a), the Secretary 
of Transportation shall require that before the date of the convey-
ance, the organization shall enter into an agreement under which 
^ 
the organization shall— 
(1) sell the vessel for scrap purposes; 
(2) use the proceeds of that scrapping for the purpose 
of refurbishing and making seaworthy a Liberty Ship or Victory 
Ship that the organization maintains as a memorial to mer-
chant mariners, to enable the vessel to participate in 1994 
in commemorative activities in conjunction with the 50th 
anniversary of the Normandy invasion; and 
(3) return to the United States any proceeds of scrapping 
carried out pursuant to paragraph (1) that are not used in 
accordance with paragraph (2). 
(d) DEPOSIT OF AMOUNTS RETURNED.—Amounts returned to 
the United States pursuant to subsection (c)(3) shall be deposited 
in the Vessel Operations Revolving Fund established under the 
Act of June 2,1951 (46 App. U.S.C. 1241a). 
(e) DELIVERY OF VESSELS.—^The Secretary of Transportation 
shall deliver each vessel conveyed under this section— 
(1) at the place where the vessel is located on the date 
of the approval of the conveyance by the Secretary of Transpor-
tation; 
(2) in its condition on that date; and 
(3) without cost to the Government. 
PUBLIC LAW 103-206—DEC. 20, 1993 
107 STAT. 2455 
(f) EXPIRATION OF AUTHORITY TO CONVEY.—The authority of 
the Secretary of Transportation under this section to convey vessels 
shall expire on the date that is 2 years after the date of enactment 
of this Act. 
Approved December 20, 1993. 
LEGISLATIVE HISTORY—H.R. 2150 (S. 1052): 
HOUSE REPORTS: No. 103-146 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORTS: No. 103-198 accompanying S. 1052 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
July 30, considered and passed House. 
Nov. 22, considered and passed Senate, amended, in lieu of S. 1052. House 
concurred in Senate amendment.