Federal Maritime Commission Authorization Act of 1990
PL 101-595 (H.R.4009), enacted 11/16/1990

PUBLIC LAW 101-595—NOV. 16,1990 
104 STAT. 2979 
Public Law 101-595 
101st Congress 
An Act 
To authorize appropriations for fiscal year 1991 for the Federal Maritime Commis-
sion, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited £is the "Federal Maritime Commission 
Authorization Act of 1990". 
TITLE I—FEDERAL MARITIME COMMISSION 
AUTHORIZATION FOR FISCAL YEAR 1991 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
In fiscal year 1991, $15,894,000 is authorized to be appropriated for 
the use of the Federal Maritime Commission; except that for fiscal 
year 1991, and for each fiscal year thereafter, not to exceed $2,000 
may be expended for official reception and representation expenses. 
SEC. 102. ADVISORY COMMISSION ON CONFERENCES IN OCEAN SHIP-
PING. 
Subsection (h) of section 18 of the Shipping Act of 1984 (46 App. 
U.S.C. 1717) is amended by inserting "Advisory" immediately before 
"Commission shall", and by striking "its establishment" and insert-
ing in lieu thereof "all of its members have been duly appointed". 
SEC. 103. POWERS OF COMMISSION. 
Section 19 of the Merchant Marine Act, 1920 (46 App. U.S.C. 876) 
is amended— 
(1) in subdivision (b) of paragraph (1) by inserting "including 
intermodal movements, terminal operations, cargo solicitation, 
forwarding and agency services, non-vessel-operating common 
carrier operations, and other activities and services integral to 
transportation sysetms," immediately after "generally,'; and 
(2) by adding at the end the following new paragraphs: 
"(5) The Commission may initiate a rule or regulation under 
paragraph (l)(b) of this section either on its own motion or pursuant 
to a petition. Any person, including a common carrier, tramp opera-
tor, bulk operator, shipper, shippers' association, ocean freight 
forwarder, marine terminal operator, or any component of the 
Government of the United States, may file a petition for relief under 
paragraph (l)(b) of this section. 
"(6) In furtherance of the purposes of paragraph (l)(b) of this 
section— 
"(a) the Commission may, by order, require any person 
(including any common carrier, tramp operator, bulk operator, 
shipper, shippers' association, ocean freight forwarder, or 
marine terminal operator, or an officer, receiver, trustee, lessee, 
agent, or employee thereof) to file with the Commission a 
Nov. 16,1990 
[H.R. 4009] 
Federal 
Maritime 
Commission 
Authorization 
Act of 1990. 
104 STAT. 2980 
PUBLIC LAW 101-595—NOV. 16, 1990 
report, answers to questions, documentary material, or other 
information which the Commission considers necessary or 
appropriate; 
"(b) the Commission may require a report or answers to 
questions to be made under oath; 
"(c) the Commission may prescribe the form and the time for 
response to a report and answers to questions; and 
"(d) a person who fails to file a report, answer, documentary 
material, or other information required under this paragraph 
shall be liable to the United States Government for a civil 
penalty of not more than $5,000 for each day that the informa-
tion is not provided. 
"(7) In proceedings under paragraph (l)(b) of this section— 
"(a) the Commission may authorize a party to use depositions, 
written interrogatories, and discovery procedures that, to the 
extent practicable, are in conformity with the rules applicable 
in civil proceedings in the district courts of the United States; 
"(b) the Commission may by subpoena compel the attendance 
of witnesses and the production of books, papers, documents, 
and other evidence; 
"(c) subject to funds being provided by appropriations Acts, 
witnesses are, unless otherwise prohibited by law, entitled to 
the same fees and mileage as in the courts of the United States; 
"(d) for failure to supply information ordered to be produced 
or compelled by subpoena in proceedings under paragraph 
(l)(b)(7) of this section, the Commission may— 
"(i) after notice and an opportunity for hearing, suspend 
tariffs of a common carrier or that common carrier's right 
to use the tariffs of conferences of which it is a member, or 
"(ii) assess a civil penalty of not more than $5,000 for 
each day that the information is not provided; and 
"(e) when a person violates an order of the Commission or 
fails to comply with a subpoena, the Commission may seek 
enforcement by a United States district court having jurisdic-
tion over the parties, and if, after hearing, the court determines 
that the order was regularly made and duly issued, it shall 
enforce the order by an appropriate injunction or other process, 
mandatory or otherwise, 
"(8) Notwithstanding any other law, the Commission may refuse 
to disclose to the public a response or other information provided 
under the terms of this section. 
"(9) If the Commission finds that conditions that are unfavorable 
to shipping under paragraph (l)(b) of this section exist, the Commis-
sion may— 
"(a) limit sailings to and from United States ports or the 
amount or type of cargo carried; 
"(b) suspend, in whole or in part, tariffs filed with the 
Commission for carriage to or from United States ports, includ-
ing a common carrier's right to use tariffs of conferences in 
United States trades of which it is a member for any period the 
(Uommission specifies; 
"(c) suspend, in whole or in part, an ocean common carrier's 
right to operate under an agreement filed with the Commission, 
including any agreement authorizing preferential treatment 
at terminals, preferential terminal leases, space chartering, or 
pooling of cargoes or revenue with other ocean common car-
riers; 
PUBLIC LAW 101-595—NOV. 16, 1990 
104 STAT. 2981 
"(d) impose a fee, not to exceed $1,000,000 per voyage; or 
"(e) take any other action the Commission finds necessary 
and appropriate to adjust or meet any condition unfavorable to 
shipping in the foreign trade of the United States. 
"(10) Upon request by the Commission— 
"(a) the collector of customs at the port or place of destination 
in the United States shall refuse the clearance required by 
section 4197 of the Revised Statutes (46 App. U.S.C. 91) to a 
vessel of a country that is named in a rule or regulation issued 
by the Commission under paragraph (l)(b) of this section, and 
shall collect any fees imposed by the Commission under para-
graph (9Xd) of this section; and 
"(b) the Secretary of the department in which the Coast 
Guard is operating shall deny entry for purpose of oceanborne 
trade, of a vessel of a country that is named in a rule or 
regulation issued by the Commission under paragraph (l)(b) of 
this section, to any port or place in the United States or the 
navigable waters of the United States, or shall detain that 
vessel at the port or place in the United States from which it is 
about to depart for another port or place in the United States. 
"(11) A common carrier that accepts or handles cargo for carriage 
under a tariff that has been suspended under paragraph (7)(d) or 
(9)(b) of this section, or after its right to use another tariff has been 
suspended under those paragraphs, is subject to a civil penalty of 
not more than $50,000 for each day that it is found to be operating 
under a suspended tariff, 
"(12) The Commission may consult with, seek the cooperation of, 
or make recommendations to other appropriate Government agen-
cies prior to taking any action under this section.". 
TITLE II—DOCUMENTATION OF VESSELS 
SEC. 201. WAIVERS FOR CERTAIN VESSELS. 
(a) IN GENERAL.—Notwithstanding sections 12106, 12107, and 
12108 of title 46, United States Code, and section 27 of the Merchant 
Marine Act, 1920 (46 App. U.S.C. 883), the Secretary of Transpor-
tation may issue a certificate of documentation for the following 
vessels* 
(1) AMERICAN EAGLE (United States official 
number 
523873). 
(2) ANGELOS (hull identification number HAZ1432C0173 and 
State of Hawaii registration number HA1432C). 
(3) ARCTIC SOUNDER (United States official 
number 
569927). 
(4) BIG DEAL (North Carolina registration number 8817BD). 
(5) BOUNTY (United States official number 950956). 
(6) CAMELOT (United States official number 923202). 
(7) CHEROKEE V (United States official number 570746). 
(8) CONQUEROR (United States official number 552790). 
(9) ERNESTINA (United States official number 136423). 
(10) ESPERANCE (United States official number 691732). 
(11) FLORA VEE (United States official number 526631). 
(12) GHOSTRIDER (United States official number 906121). 
(13) HE' ENALU (State of Hawaii registration number 
HA842CP). 
104 STAT. 2982 
PUBLIC LAW 101-595—NOV. 16, 1990 
(14) HELL'S-A-POPPIN (United States official 
number 
963543). 
(15) HIPPOCAMPUS (United States official number 560934). 
(16) IMPULSE (United States official number 693209). 
(17) JOB SITE (United States official number 595013). 
(18) KAINALU 
(State of Hawaii 
registration 
number 
HA779CP). 
(19) LADY ROSE ANNE (United States official number 
603040). 
(20) MARINER III (United States official number 225459). 
(21) OCEAN PROWLER (United States official 
number 
632751). 
(22) OH BABY AT LAST (United States official number 
938936). 
(23) OPEN RETURN (United States official number 658669). 
(24) 
PACIFIC 
PEARL 
(hull 
identification 
number 
MRY10161M76H414). 
(25) PAULA SUE (State of Maryland registration number 
MD7449K). 
(26) PLAYPEN (United States official number 617198). 
(27) PUMPKIN (United States official number 627259). 
(28) RANGGA (United States official number 675379). 
(29) ROSE (United States official number 928811). 
(30) ROUGH POINT (United States official number 917958). 
(31) SALISA M (United States official number 265653). 
(32) SEA DEVIL (United States official number 569316). 
(33) SEAGULL (United States official number 958929). 
(34) SEA NUGGET (State of Alaska retgistration number 
AK2233E). 
(35) SEA WIND (United States official number 610694). 
(36) SINBAD (ex-SANGRIA) (State of Alaska registration 
number AK3650 and hull identification number 15846). 
(37) SOLITAIRE (United States official number 521894). 
(38) SWEE'PEA 
(State of Alaska registration 
number 
AK8550L and hull identification number PBL32012K990). 
(39) SYRINGA (hull identification number 363412; United 
States Customs number 84-129170-6). 
(40) WEATHERBIRD (United States official number 527918). 
(41) WEATHERBIRD II (ex-AUNT BEE) (United States offi-
cial number 652213). 
(42) Eight inflatable vessels identified as follows: 
(A) Serial number 3968B, model number J990. 
(B) Serial number 4581B, model number J990. 
(C) Serial number A501A, model number D989. 
(D) Serial number A502A, model number D989. 
(E) Serial number 6291C, model number G091. 
(F) Serial number 6300C, model number G091. 
(G) Serial number 7302C, model number G091. 
(H) Serial number 7305C, model number G091. 
(43) Submersible vessel PC 1805. 
(b) WAIVER FOR CAPT. DARYL.—Notwithstanding sections 12106, 
12107, and 12108 of title 46, United States Code, and section 27 of 
the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the Secretary 
of Transportation may issue a certificate of documentation for the 
vessel CAPT. DARYL (United States official number 643920), to 
acquire, purchase, process, and transport fish and fish products in 
the fisheries of the United States; except that the vessel shall not be 
PUBLIC LAW 101-595—NOV. 16, 1990 
104 STAT. 2983 
permitted (1) to regularly carry goods, supplies, or equipment in 
support of exploration, exploitation, or production of offshore min-
eral or energy resources on the outer Continental Shelf of the 
United States or (2) to engage in the transportation of fishery 
related products for hire in the Aleutian trade as defined in section 
2102(b) of title 46, United States Code (as amended by section 602(a) 
of title VI of this Act), unless the vessel also complies with all the 
requirements of section 4502 (a), (b), (c), and (f), section 510203)(5), 
section 8104(n), and section 8702(b) of title 46, United States Code (as 
amended by sections 602 (b), (c), (d), and (e) of title VI of this Act). 
SEC. 202. TREATMENT OF CERTAIN VESSELS. 
Notwithstanding the provisions of paragraph (a)(4) of section 
12102 of title 46, United States Code, and the first proviso of section 
27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), a vessel of 
less than five hundred gross tons that was sold to and operated by a 
nonprofit corporation organized under United States law, the major-
ity of whose directors are United States citizens, for use by that 
corporation exclusively as an oceanographic research vessel, shall be 
deemed to be owned by a citizen of the United States for documenta-
tion purposes, and has not been "sold foreign" unless the vessel has 
been placed under the registry of a nation other than the United 
States during the period of ownership by that corporation. 
SEC. 203. SMALL PASSENGER VESSEL INSPECTION. 
(A) CONSTRUCTION TONNAGE OF S / V ZODIAC—The S/V ZODIAC 
(United States official number 223755) shall be deemed to be less 
than one hundred gross tons and, in applying the regulations relat-
ing to the inspection of passenger vessels, the Secretary of the 
department in which the Coast Guard is operating shall inspect that 
vessel under regulations applying to vessels of that weight. 
(b) SUBCHAPTER T INSPECTION.—Notwithstanding any other provi-
sion of law, the Secretary of the department in which the Coast 
Guard is operating shall inspect the ZODIAC (United States official 
number 223755) under subchapter T of title 46, Code of Federal 
Regulations. Any certification issued by the Secretary under sub-
chapter T for the ZODIAC shall permit that vessel to carry not more 
than forty-nine passengers on lakes, bays, and sounds service. 
TITLE III—COAST GUARD OMNIBUS ACT OF 1990 
Coast Guard 
Omnibus Act 
SEC. 301. SHORT TITLE. 
of 1990. 
This title may be cited as the "Coast Guard Omnibus Act of 1990". 
SEC. 302. DESIGNATION OF THE SIDNEY LANIER BRIDGE AS AN OBSTRUC-
TION TO NAVIGATION. 
Notwithstanding another law, the Sidney Lanier Bridge at mile 
6.3 on the Brunswick River in Georgia is deemed an unreasonable 
obstruction to navigation, and the Federal Government share of the 
cost of altering the Sidney Lanier Bridge shall not exceed 50 percent 
of such costs. 
SEC. 303. EXEMPTION OF CERTAIN VESSELS USED AS MEMORIALS TO 
MERCHANT MARINERS FROM PASSENGER SHIP INSPECTION 
REQUIREMENTS. 
(a) Section 3302 of title 46, United States Code, is amended by 
adding the following new subsection: 
104 STAT. 2984 
PUBLIC LAW 101-595—NOV. 16, 1990 
"(1)(1) The Secretary may issue a permit exempting the following 
vessels from the requirements of this part for passenger vessels so 
long as the vessels are owned by nonprofit organizations and oper-
ated as nonprofit memorials to merchant mariners: 
"(A) The steamship John W. Brown (United States official 
number 242209), owned by Project Liberty Ship Baltimore, 
Incorporated, located in Baltimore, Maryland. 
"(B) The steamship Lane Victory (United States official 
number 248094), owned by the United States Merchant Marine 
Veterans of World War II, located in San Pedro, California. 
"(C) The steamship Jeremiah O'Brien (United States official 
number 243622), owned by the United States Maritime Adminis-
tration. 
"(2) The Secretary may issue a permit for a specific voyage or for 
not more than one year. The Secretary may impose specific require-
ments about the number of passengers to be carried, manning, the 
areas or specific routes over which the vessel may operate, or other 
similar matters. 
"(3) A designated Coast Guard official who has reason to believe 
that a vessel operating under this subsection is in a condition or is 
operated in a manner that creates an immediate threat to life or the 
environment or is operated in a manner that is inconsistent with 
this section, may direct the master or individual in charge to take 
immediate and reasonable steps to safeguard life and the environ-
ment, including directing the vessel to a port or other refuge.". 
SEC. 304. BIENNIAL DESIGNATION OF MEMBERS OF THE COAST GUARD 
ACADEMY CONGRESSIONAL BOARD OF VISITORS. 
Section 194 of title 14, United States Code, is amended to read as 
follows: 
"(a) In addition to the Advisory Committee, a Board of Visitors to 
the Academy is established to visit the Academy annually and to 
make recommendations on the operation of the Academy. 
"(b) The Board shall be composed of— 
"(1) two Senators designated by the Chairman of the Commit-
tee on Commerce, Science, and Transportation of the Senate; 
"(2) three Members of the House of Representatives des-
ignated by the Chairman of the Committee on Merchant Marine 
and Fisheries of the House of Representatives; 
"(3) one Senator designated by the President of the Senate; 
"(4) two Members of the House of Representatives designated 
by the Speaker of the House of Representatives; and 
"(5) the Chairman of the Committee on Commerce, Science, 
and Transportation of the Senate and the Chairman of the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives, as ex officio Members. 
"(c) When a Member is unable to attend the annual meeting 
another Member may be designated as provided under subsection 
(b). 
"(d) When an ex officio Member is unable to attend the annual 
meeting that Member may designate another Member. 
"(e) Members of the Board shall be designated in the First Session 
and serve for the duration of the Congress. 
"(f) The Board shall visit the Academy annually on the date 
chosen by the Secretary. Each Member of the Board shall be re-
imbursed, to the extent permitted by law, by the Coast Guard for 
PUBLIC LAW 101-595—NOV. 16, 1990 
104 STAT. 2985 
actual expenses incurred while engaged in duties as a Member of 
the Board.". 
SEC. 305. SIMPLIFIED MEASUREMENT OF CERTAIN BARGES. 
Section 14301(b) of title 46, United States Code, is amended by 
adding the following: 
"(6) a barge (except a barge engaged on a foreign voyage) 
unless the owner requests.". 
SEC. 306. COAST GUARD BONDING REQUIREMENT. 
(a) IN GENERAL.—Chapter 17 of title 14, United States Code, is 
amended by adding at the end the following new section: 
"§ 667. Vessel construction bonding requirements 
"The Secretary or the Commandant may require bid, payment, 
performance, payment and performance, or completion bonds or 
other financial instruments from contractors for construction, alter-
ation, repair, or maintenance of Coast Guard vessels if— 
"(1) the bond is required by law; or 
"(2) the Secretary or Commandant determines after investiga-
tion that the amount of the bond in excess of 20 percent of the 
value of the base contract quantity excluding options, would not 
prevent a responsible bidder or offeror from competing for 
award of the contract.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 17 of title 
14, United States Code, is amended by inserting after the item 
relating to section 666 the following: 
"667. Vessel construction bonding requirements.". 
SEC. 307. EXEMPTION 
FOR 
DREDGES 
FROM 
FEDERAL 
PILOTAGE 
REQUIREMENT. 
Section 8502 of title 46, United States Code, is amended— 
(1) in subsection (a) by striking "subsection (g)" and inserting 
in lieu thereof "subsections (g) and (i)"; and 
(2) by adding at the end the following new subsection: 
"(i)(l) Except as provided in paragraph (2), a dredge to which this 
section would otherwise apply is exempt from the requirements of 
this section. 
"(2) If the Secretary determines, after notice and comment, that 
the exemption under paragraph (1) creates a hazard to navigational 
safety in a specified area, the Secretary may require that a dredge 
exempted by paragraph (1) which is operating in that area shall 
comply with this section.". 
SEC. 308. HEMPSTEAD, NEW YORK TRANSFER 
Notwithstanding another law, the Secretary of Transportation 
shall transfer by quitclaim, without consideration, to the Town of 
Hempstead, Nassau County, New York, all rights, title, and interest 
of the United States in Coast Guard property and improvements 
located at Reynolds Channel, Atlantic Beach, New York. The Sec-
retary shall require the property to be surveyed before it is 
transferred and the transferee shall pay for that survey and all 
conveyance costs. 
SEC. 309. SOUTH HAVEN, MICHIGAN TRANSFER. 
(a) Notwithstanding another law, the Secretary of Transportation 
shall transfer without consideration to the City of South Haven, 
104 STAT. 2986 
PUBLIC LAW 101-595—NOV. 16, 1990 
Michigan, all rights, title, and interest of the United States in Coast 
Guard property described in subsection (b). The transferee shall pay 
for all conveyance costs. 
(b) The property is part of block 52 in the original Village (now 
City) of South Haven, Van Buren County, Michigan, described as, 
beginning at a point found by commencing at the North quarter post 
of section 10. Town 1 South, range 17 West, Van Buren County, 
Michigan; thence with bearings referenced to the Corps of Engineers 
Harbor Line Survey of 1941. South 89 degrees 34' 36" West along the 
North line of the section, 2386.95 feet; thence South 00 degrees 25' 
24" East at right angles to said section line. 450.64 feet to the place 
of beginning of this description, said place of beginning being 825.50 
feet South 81 degrees 52' 10" West of the East terminus of the Black 
River Channel entrance; thence South 10 degrees 38' 30" East, 
147.00 feet; thence South 81 degrees 52' 10" West, 131.47 feet; thence 
North 07 degrees 43' 50" West 146.85 feet; thence North 81 degrees 
52' 10" East, 124.00 feet to the place of beginning of this description, 
as per a survey made July 11, 1925, by T.A. Smith, Van Buren 
County Surveyor, subject to existing easements and restrictions of 
record. 
SEC. 310. MUSKEGON, MICHIGAN TRANSFER 
(a) Notwithstanding another law, the Secretary of Transportation 
shall transfer without consideration to the Secretary of Commerce 
all rights, title, and interest of the United States in Coast Guard 
property and improvements described as follows: Part of Block 739 
of Revised Plat of City of Muskegon of part of section 28, Town 10 
North, Range 17 West, City of Muskegon, Muskegon County, Michi-
gan described as beginning at a point distant South 48 degrees 15 
minutes 56 seconds East 414.13 feet from Corps of Engineers Disc 
Guard 2 and distant North 35 degrees 59 minutes 49 seconds West 
225.70 feet from Corps of Engineers Monument MUS 34 and distant 
South 85 degrees 51 minutes 27 seconds West 727.32 feet from the 
Northwest corner of Block 757 of the Revised Plat of City of Muske-
gon and proceeding thence North 28 degrees 38 minutes 52 seconds 
West 230.13 feet; thence South 61 degrees 14 minutes 26 seconds 
West 14.96 feet; thence North 28 degrees 24 minutes West 128.23 
feet; thence South 61 degrees 14 minutes 00 seconds West 150 feet, 
more or less, to the shore of Lake Michigan; thence Southeasterly 
358 feet, more or less, along the shore of Lake Michigan to the 
intersection with the line bearing South 61 degrees 14 minutes 26 
seconds West from the point of beginning; thence North 61 degrees 
14 minutes 26 seconds East 163 feet, more or less, to the point of 
beginning. 
(b) The Secretary of Commerce shall make the property trans-
ferred under this section available to the National Oceanic and 
Atmospheric Administration. 
SEC. 311. STRATEGIC PLAN FOR INFORMATION RESOURCES MANAGE-
MENT. 
(a) None of the funds authorized to be appropriated for use by the 
Coast Guard in Fiscal Year 1992 may be expended to acquire 
additional information resources, including information equipment, 
until the Commandant of the Coast Guard develops and implements 
a strategic information resources plan to identify long-term informa-
tion priorities and link the Coast Guard's missions, priorities, and 
organizational strategies to Coast Guard information resources. 
PUBLIC LAW 101-595—NOV. 16, 1990 
104 STAT. 2987 
(b) The Commandant shall submit to the Committee on Com- Reports, 
merce, Science, and Transportation in the Senate and to the 
Committee on Merchant Marine and Fisheries in the House of 
Representatives quarterly reports during Fiscal Year 1991 concern-
ing the progress toward completion of the strategic information 
resources plan, and specifically listing any expenditures or obliga-
tions made to acquire information resources. 
(c) Section 663 of title 14, United States Code, is amended in the 
first sentence, by striking "and Shore Facilities Plan." and inserting 
"Shore Facilities Plan, and Information Resources Management 
Plan.". 
SEC. 312. BOATING SAFETY PROGRAM. 
Chapter 131 of title 46, United States Code, is amended— 
(a) in section 13101(b)(2) by striking "and with the guidelines 
developed under that Act; and" and inserting "the Federal Aid 
in Sport Fish Restoration Act of 1950 (16 U.S.C. 777-777k), and 
with the guidelines developed under those Acts; and"; 
(b) in section 13102— 
(1) in subsection (aX3) by inserting "State" after the word 
"general"; 
(2) in subsection (c)(4) by inserting "or drugs" after the 
word "alcohol"; and 
(3) in subsection (d) by striking "the proportional share" 
and inserting "a proportionate share"; 
(c) in sections 13103(a)(3) and 13105(a) by striking "or obli-
gated" each time it appears; and 
(d) in section 13108(a)(1) to read as follows: "During the second 
quarter of a fiscal year and on the basis of computations made 
under section 13105 of this title and submitted by the States for 
the proceeding fiscal year, the Secertary shall determine the 
percentage of the amounts available to which each eligible State 
is entitled for the next fiscal year.". 
SEC. 
3
1
3
. 
DARE 
COUNTY, 
NORTH 
CAROLINA 
TRANSFER. 
Notwithstanding another law, the Secretary of Transportation 
shall transfer without consideration by quitclaim deed to Dare 
County, North Carolina, all rights, title, and interest of the United 
States in Coast Guard property and improvements located on the 
northern end of Pea Island east side of State road 1257, 0.3 miles 
north of North Carolina Highway 12 in Rodanthe, Dare County, 
North Carolina. The Secretary shall require the property to be 
surveyed before it is transferred. 
SEC. 314. BAYOU LAFOURCHE, LOUISIANA. 
33 USC 59e 
Bayou Lafourche, in the State of Louisiana, between the Percy "° ' 
Brown Road (Hwy 648), city of Thibodaux, parish of Lafourche, and 
the Southern Pacific Railroad bridge crossing the bayou, city of 
Thibodaux, parish of Lafourche, is declared to be navigable water-
way of the United States under chapter 11 of title 33, United States 
Code. 
SEC. 315. RELEASE OF RESTRICTIONS. 
(a) IN GENERAL.—Subject to subsection (b), the United States 
hereby releases, without monetary consideration, all restrictions, 
conditions, and limitations on the use, encumbrance, or conveyance 
of the property described in subsection (c), to the extent such 
104 STAT. 2988 
PUBLIC LAW 101-595—NOV. 16, 1990 
National 
defense. 
Louisiana. 
Alaska. 
46 u s e 8103 
note. 
33 u s e 59aa. 
restrictions, conditions, and limitations are enforceable by the 
United States. 
(b) LIMITATION.—Notwithstanding subsection (a), the United 
States shall have the right of access to, and use of, the property 
described in subsection (c) for national defense purposes in time of 
war or national emergency. 
(c) PROPERTY DESCRIBED.—The property referred to in subsections 
(a) and (b) consist of the following parcels of lands and improve-
ments thereto located in Calcasieu Parish, Louisiana: 
(1) A parcel commonly known as the Calcasieu Women's 
Shelter, consisting of 3 contiguous tracts described as follows: 
Tract A—Commencing at a point N 45°28'31" E 198.3 feet from point A; thence S 
44°29'9'' E 169.3 feet; thence S 45°28'31" W 75 feet; thence N 44°29'9- W 
169.3 feet; thence N 45°28'31" E 75 feet to the point of commencement. 
Tract B—Commencing at a point N 45°28'31" E 198.3 feet from point A; thence S 
44°29'9'' E 220 feet; thence N 45°28'31'' E 50 feet; thence N 44°29'9" W 
220 feet; thence S 45°28'31'' E 50 feet to the point of commencement. 
Tract C—Commencing at a point N 45°28'31" E 248.3 feet from point A; thence 8 
44''29'9' E 220 feet; thence N 45°28'31" E 50 feet; thence N 44''29'9" W 
220 feet; thence S 45°28'31" E 50 feet to the point of commencement. 
(2) A parcel, consisting of a tract of land containing 33.351 
acres, more or less, in section 11, township 10 south, range 8 
west, and described as follows: 
Commencing at a point N 0°22'09" W 88.18 feet from the northeast corner of the 
southeast quarter of section 10, T 10 S—R 8 W; said point being point D 
of plat of survey entitled "Boundary Agreement of CAFB" dated August 
7, 1973, and recorded in plat book 23, page 20 records of Calcasieu 
Parish, Louisiana: thence N 0°22'09" W 183.6 feet; thence S 79°45'09" E 
226.33 feet to the point of commencement: thence S 79°45'09'' E 1843.02; 
thence N 11°36'26" E 965.89 feet, thence N 80°30'11'' W 1196.35 feet, 
thence S 45°25'51" W 1162.28 feet to the point of commencement. 
(d) MINERAL RESOURCES.—Nothing in this section shall affect the 
disposition or ownership of oil, gas, or other mineral resources 
associated with property described in subsection (c). 
SEC. 316. COLD WATER SURVIVAL TRAINING CENTER. 
In addition to any sums authorized to be appropriated for the 
Coast Guard for fiscal year 1992, $6,000,000 is authorized to be 
appropriated for fiscal year 1992 and transferred to the University 
of Alaska to establish a Cold War Survival Training Center in 
Kenai, Alaska. 
SEC. 317. FISHING VESSELS IN CALIFORNIA. 
(a) DEFINITION.—For purposes of the application of sections 
8103(a), 12102, 12110, and 12111 of title 46, United States Code, to a 
fishing vessel operating in waters subject to the jurisdiction of the 
United States off the coast of the State of California, the term 
"citizen of the United States" includes an alien lawfully admitted to 
the United States for permanent residence. 
(b) TERMINATION.—This section shall terminate on October 1, 
2000. 
SEC. 318. NONNAVIGABILITY OF WISCONSIN RIVER. 
The portion of the Wisconsin River above the hydroelectric dam at 
Prairie du Sac, Wisconsin, is hereby declared to be a nonnavigable 
waterway of the United States for purposes of title 46, United States 
Code, including but not limited to the provisions of such title 
relating to vessel inspection and vessel licensure, and the other 
maritime laws of the United States. 
PUBLIC LAW 101-595—NOV. 16, 1990 
104 STAT. 2989 
SEC, 319. MEDICAL CARE CONTRACTING AUTHORITY. 
(a) IN GENERAL.—Chapter 17 of title 14, United States Code, is 
amended by adding at the end the following new section: 
"§668. Contracts for medical care for retirees, dependents, and 
survivors: alternative delivery of health care 
"(a) The Secretary may contract for the delivery of health care to 
which covered beneficiaries are entitled under chapter 55 of title 10. 
The Secretary may enter into a contract under this section with any 
of the following: 
"(1) Hesdth maintenance organizations. 
"(2) Preferred provider organizations. 
"(3) Individual providers, individual medical facilities, or 
insurers. 
"(4) Consortiums of these providers, facilities, or insurers. 
"(b) A contract entered into under this section may provide for the 
delivery o
f
— 
"(1) selected health care services; 
"(2) total health care services for selected covered bene-
ficiaries; or 
"(3) total health care services for all covered beneficiaries who 
reside in a geographic area designated by the Secretary. 
"(c) The Secretary may prescribe a premium, deductible, 
copayment, or other change for health care provided under this 
section.". 
(b) CLERICAL AMENDMENT.—The analysis for chapter 17 of title 14, 
United States Code, is amended by adding at the end the following: 
"668. Contracts for medical care for retirees, dependents, and survivors: alternative 
delivery of health care". 
SEC. 320. PURCHASE OF CERTAIN DATA. 
15 USC 313 
The National Oceanic and Atmospheric Administration is au-
thorized to enter into a contract for the future purchase of at-
mospheric wind data. Any and all obligations of the Government 
under such contract shall be contingent upon the following terms: 
(1) the data to be purchased must meet technical criteria 
specified in the contract and must be satisfactory to the 
National Oceanic and Atmospheric Administration; and 
(2) the availability of appropriated funds. 
TITLE IV—FALSE DISTRESS REPORTS 
SEC. 401. PENALTIES AND LIABILITY FOR MAKING A FALSE DISTRESS 
REPORT. 
Section 88 of title 14, United States Code, is amended by adding at 
the end the following new subsection: 
"(c) An individual who knowingly and willfully communicates a 
false distress message to the Coast Guard or causes the Coast Guard 
to attempt to save lives and property when no help is needed is— 
"(1) guilty of a class D felony; 
"(2) subject to a civil penalty of not more than $5,000; and 
"(3) liable for all costs the Coast Guard incurs as a result of 
the individual's action.". 
39-194 O - 91 - 22 : QL 3 Part 4 
104 STAT. 2990 
PUBLIC LAW 101-595—NOV. 16, 1990 
Aleutian Trade 
Act of 1990. 
46 use 2101 
note. 
TITLE V—ADDITIONAL COAST GUARD AUTHORIZATION 
FOR FISCAL YEAR 1991 
SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 
Section 102 of Public Law 101-225, the Coast Guard Authorization 
103 Stat. 1908. 
Act of 1989, is amended by adding a new subsection to read as 
follows: 
"(6) 
ENVIRONMENTAL COMPUANCE AND RESTORATION.—For 
environmental compliance and restoration at Coast Guard 
facilities, $30,000,000.". 
TITLE VI—ALEUTIAN TRADE ACT OF 1990 
SEC. 601. SHORT TITLE. 
This title may be cited as the "Aleutian Trade Act of 1990". 
SEC. 602. ALASKA CARGO PROVISIONS. 
(a) DEFINITION.—Section 2102 of title 46, United States Code, is 
amended by— 
(1) designating the existing text as subsection (a); and 
(2) adding the following new subsection at the end: 
"(b) In chapters 33, 45, 51, 81, and 87 of this title, 'Aleutian trade' 
means the transportation of cargo (including fishery related prod-
ucts) for hire on board a fish tender vessel to or from a place in 
Alaska West of 153 degrees west longitude and east of 172 degrees 
East longitude, if that place receives weekly common carrier service 
by water, to or from a place in the United States (except a place in 
Alaska).". 
(b) INSPECTION PROVISIONS.—Section 3302(c) of title 46, United 
States Code, is amended by adding at the end the following: 
"(3) A fishing, fish processing, or fish tender vessel of not more 
than 500 gross tons is exempt from section 3301 (1), (6), and (7) of this 
title if— 
"(A) when transporting cargo to or from a place in Alaska— 
"(i) that place does not receive weekly common carrier 
service by water from a place in the United States; or 
"(ii) the cargo is of a type not accepted by that common 
carrier service; or 
"(B) in the case of a fish tender vessel, the vessel is not 
engaged in the Aleutian trade. 
"(4) A fish tender vessel is exempt from section 3301 (1), (6), and (7) 
of this title when engaged in the Aleutian trade if the vessel— 
"(A) is not more than 500 gross tons; 
"(B) has an incline test performed by a marine surveyor; and 
"(C) has written stability instructions posted on board the 
vessel.". 
(c) SAFETY STANDARDS.— 
(1) Section 4502 (b) and (c) of title 46, United States Code, is 
amended to read as follows: 
Regulations. 
"(bXl) In addition to the requirements of subsection (a) of this 
section, the Secretary shall prescribe regulations requiring the 
installation, maintenance, and use of the equipment in paragraph 
(2) of this subsection for documented vessels to which this chapter 
applies that— 
"(A) operate beyond the Boundary Line; 
"(B) operate with more than 16 individuals on board; or 
PUBLIC LAW 101-595—NOV. 16, 1990 
104 STAT. 2991 
"(C) in the case of a fish tender vessel, engage in the Aleutian 
trade. 
"(2) The equipment to be required is as follows: 
"(A) alerting and locating equipment, including emergency 
position indicating radio beacons; 
"(B) lifeboats or liferafts sufficient to accommodate all 
individuals on board; 
"(C) at least one readily accessible immersion suit for each 
individual on board that vessel when operating on the waters 
described in section 3102 of this title; 
"(D) radio communications equipment sufficient to effectively 
communicate with land-based search and rescue facilities; 
"(E) navigation equipment, including compasses, radar reflec-
tors, nautical charts, and anchors; 
"(F) first aid equipment, including medicine chests; and 
"(G) other equipment required to minimize the risk of injury 
to the crew during vessel operations, if the Secretary deter-
mines that a risk of serious injury exists that can be eliminated 
or mitigated by that equipment. 
"(c)(1) In addition to the requirements described in subsections (a) 
and (b) of this section, the Secretary may prescribe regulations 
establishing the standards in paragraph (2) of this subsection for 
vessels to which this chapter applies that— 
"(A)(i) were built after December 31, 1988, or undergo a 
major conversion completed after that date; and 
(ii) operate with more than 16 individuals on board; or 
"(B) in the case of a fish tender vessel, engage in the 
Aleutian trade. 
"(2) The standards shall be minimum safety standards, including 
standards relating to— 
"(A) navigation equipment, including radars and fathometers; 
"(B) lifesaving equipment, immersion suits, signaling devices, 
bilge pumps, bilge alarms, life rails, and grab rails; 
"(C) fire protection and firefighting equipment, including fire 
alarms and portable and semiportable fire extinguishing equip-
ment; 
"(D) use and installation of insulation material; 
"(E) storage methods for flammable or combustible material; 
and 
"(F) fuel, ventilation, and electrical systems.". 
(2) Section 4502(f) of title 46, United States Code, is amended 
to read as follows: 
"(f) To ensure compliance with the requirements of this chapter, 
at least once every 2 years the Secretary shall examine— 
"(1) a fish processing vessel; and 
"(2) a fish tender vessel engaged in the Aleutian trade.". 
(d) LOAD LINES.—Section 5102(b)(5XB) of title 46, United States 
Code, is amended to read as follows: 
"(BXi) is not on a foreign voyage; or 
"(ii) engaged in the Aleutian trade (except a vessel in that 
trade assigned a load line at any time before June 1, 
1992).". 
(e) MANNING.— 
(1) Section 8104 of title 46, United States Code, is amended by 
adding at the end the following: 
"(n)(l) Except as provided in paragraph (2) of this subsection, on a 
fish tender vessel of not more than 500 gross tons engaged in the 
104 STAT. 2992 
PUBLIC LAW 101-595—NOV. 16, 1990 
Aleutian trade, the licensed individuals and crewmembers shall be 
divided, when at sea, into at least 3 watches. 
"(2) On a fish tender vessel of not more than 500 gross tons 
engaged in the Aleutian trade, the licensed individuals and crew-
members shall be divided, when at sea, into at least 2 watches, if the 
vessel— 
"(A) before September 8, 1990, operated in that trade; or 
"(BXi) before September 8,1990, was purchased to be used in 
.
•
S
M
»
.
-
,
, •,.-^, f f^-. ' 
that trade; and 
-
• 
,....=.-..- 
•, ,,,.„...-,?.-5s--..»!, 
"(ii) before June 1, 1992, entered into service in that trade.". 
(2) Section 8702 of title 46, United States Code, is amended as 
follows: 
(A) insubsection (aX3) by striking "vessel" and substitut-
ing "vessel (except a fish tender vessel engaged in the 
Aleutian trade)"; 
(B) in subsection (bX2) by— 
(i) striking "50 percent on a vessel permitted under 
section 8104 of this title to maintain a 2-watch 
system."; and 
(ii) substituting the following: 
"50 percent— 
"(i) on a vessel permitted under section 8104 of this title 
to maintain a 2-watch system; or 
"(ii) on a fish tender vessel engaged in the Aleutian 
trade.". 
46 use 7306 
(3) For the purposes of chapter 73 of title 46, United States 
"°*®- 
Code, the Secretary of Transportation shall accept the service 
used by an individual to qualify for an endorsement as able 
seaman—fishing industry as qualif5dng service toward an 
endorsement as an able seaman— 
(A) under sections 7307 and 7309 of that title; or 
(B) if the service is on board a vessel of at least 100 gross 
tons, under section 7308 of that title. 
46 use 4502 
(f) EFFECTIVE DATES.—This section is effective on the date of 
note. 
enactment of this section except as follows: 
(1) The requirements imposed by section 3302(cX4) (B) and (C) 
of title 46, United States Code, (as enacted by subsection (b) of 
this section) is effective 6 months sifter the date of enactment of 
this Act. 
(2) Before January 1, 1993, section 4502(c) (as amended by 
subsection (c) of this section) does not apply to a fish tender 
vessel engaged in the Aleutian trade, if the vessel— 
(AXi) before September 8, 1990, operated in that trade; or 
(ii) before September 8, 1990, was purchased to be used in 
that trade and, before June 1, 1992, entered into service in 
that trade; £uid 
(B) does not undergo a major conversion. 
(3) Before January 1, 2003, a fish tender vessel is exempt from 
chapter 51 of title 46, United States Code, (as amended by 
subsection (d) of this section) when engaged in the Aleutian 
trade, if the vessel— 
(AXi) before September 8, 1990, operated in that trade; or 
(ii) before September 8, 1990, was purchased to be used in 
this trade and, before June 1, 1992, entered into service in 
that trade; 
(B) does not undergo a major conversion; and 
PUBLIC LAW 101-595—NOV. 16, 1990 
104 STAT. 2993 
(C) did not have a load line assigned at any time before 
the date of enactment of this Act. 
(4) The requirements imposed by section 8702(b)(2) of title 46, 
United States Code, (as amended by subsection (e)(2)(B) of this 
section) are effective 1 year after the date of enactment of this 
Act. 
SEC. 603. MISCELLANEOUS TECHNICAL AMENDMENT. 
Title 46, United States Code, is amended as follows: 
(1) Section 2101(14XC) is amended by striking "(49 U.S.C. 
1803)" and substituting "(49 App. U.S.C. 1803)". 
(2) Section 3302(jX2)(B) is amended by striking "(46 App. 
U.S.C. 1295(c))" and substituting "(46 App. U.S.C. 1295c)". 
(3)(A) Section 4104 is repealed. 
(B) The chapter analysis for chapter 41 is amended by striking 
item 4104. 
(4) The catch line of section 5114 is amended by striking 
"officers employees" and substituting "officers and employees'. 
(5XA) Section 5115 is repealed. 
(B) The chapter analysis for chapter 51 is amended by striking 
item 5115. 
(6) Section 8103(iXlXC) is amended by striking "Naturaliza-
tion" and substituting "Nationality". 
(7)(A) Section 8105 is repealed. 
(B) The analysis for chapter 81 is amended by striking item 
8105. 
(8) The chapter analysis is amended by striking items 12113-
12116,12118, and 12121. 
(9) Section 12109(b) is amended by striking "aboard such a 
pleasure vessel" and substituting "on board that recreational 
vessel". 
(10) Sections 1250ia)X2XA) and 12503(aX2)(A) are amended to 
read as follows: 
"(A) the owner's social security number or, if that number is 
not available, other means of identification acceptable to the 
Secretary; or". 
(11) Section 12505 is amended by— 
(A) striking subsections (b), (c), (d), and (f); and 
(B) redesignating subsection (e) as subsection (b). 
(12)(A) Section 14102 is repealed. 
(B) The chapter analysis for chapter 141 is amended by 
striking item 14102. 
(13) Section 31308 is amended by striking "(46 App. U.S.C. 
1241 et seq.)" and substituting "(46 App. U.S.C. 1271 et seq.)". 
TITLE VII—MARITIME ADMINISTRATION AUTHORIZATION 
SEC. 701. AUTHORIZATION OF APPROPRIATIONS. 
In fiscal year 1991, the following amounts are authorized to be 
appropriated for the Maritime Administration: 
(1) Any amounts necessary to liquidate obligations under 
operating-differential subsidy contracts for the fiscal year 1991 
portion of the total of current contract authority. 
(2) $35,690,000 for expenses related to manpower, education, 
and training, including— 
(A) $25,205,000 for maritime training at the Merchant 
Marine Academy at Kings Point, New York; 
104 STAT. 2994 
PUBLIC LAW 101-595—NOV. 16, 1990 
(B) $8,872,000 for assistance to the State maritime acad-
emies; and 
(C) $1,613,000 for manpower and additional training. 
(3) $28,095,000 for operating programs. 
(4) $7,902,000 for expenses related to national security support 
capabilities, including— 
(A) $6,748,000 for the National Defense Reserve Fleet; 
and 
(B) $1,154,000 for emergency planning operations. 
(5) $225,000,000 for the Ready Reserve Force, including— 
(A) $49,400,000 for fleet additions, replacements, acquisi-
tions, and upgrading of vessels for the Ready Reserve Force; 
(B) $171,600,000 for maintenance and operations pro-
grams in support of the Ready Reserve Force; and 
(C) $4,000,000 for Ready Reserve Force facilities. 
SEC. 702. NATIONAL MARITIME ENHANCEMENT INSTITUTES. 
Section 8(e) of the Act of October 13, 1989 (Public Law 101-115; 
46 use app. 
103 Stat. 695) is amended to read as follows: 
^^2^"2- 
"(e) The Secretary may make awards on an equal matching basis 
to an institute designated under subsection (a) from amounts appro-
priated. The aggregate annual amount of the Federal share of the 
awards shall not exceed $100,000.". 
Establishment. 
SEC. 703. BOARD OF VISITORS. 
Section 1303(h)(1) of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1295b(h)(l)), is amended to read as follows: 
"(h)(1) A Board of Visitors to the Academy shall be established, for 
a term of two years commencing at the beginning of each Congress, 
to visit the Academy annually on a date determined by the Sec-
retary and to make recommendations on the operation of the 
Academy.". 
SEC. 704. SALE OF OBSOLETE VESSELS. 
Section 510(i) of the Merchant Marine Act, 1936 (46 App. U.S.C. 
1160(i)), is amended to read as follows: 
"(i) The Secretary of Transportation is authorized to acquire 
suitable documented vessels, as defined in section 2101 of title 46, 
United States Code, with funds in the Vessel Operations Revolving 
Fund derived from the sale of obsolete vessels in the National 
Defense Reserve Fleet. For purposes of this subsection, the acquired 
and obsolete vessels shall be valued at their scrap value in domestic 
or foreign markets as of the date of the acquisition for or sale from 
the National Defense Reserve Fleet; except that, in a transaction 
subject to this section, the value assigned to those vessels will be 
determined on the same basis, with consideration given to the fair 
value of the cost of positioning the traded-out vessel to the place of 
scrapping. All costs incident to the lay-up of the vessel acquired 
under this subsection may be paid from balances in the Fund. 
Notwithstanding the provisions of sections 9 and 37 of the Shipping 
Act, 1916, vessels sold from the National Defense Reserve Fleet 
under this subsection may be scrapped in approved foreign 
markets.". 
SEC. 705. SHIP SHARING. 
Section 4 of the Act of October 13, 1989 (Public Law 101-115; 103 
46 use app. 
Stat. 692) is amended— 
1295c note. 
PUBLIC LAW 101-595—NOV. 16,1990 
104 STAT. 2995 
(1) by inserting "legislative" immediately after "sixty"; and 
(2) by adding at the end the following: "The Secretary shall 
not take any vessel, currently in service as a State academy 
training vessel, out of service for the purpose of implementing 
any alternative program, including ship sharing, until or unless 
the vessel is incapable of being maintained in good repair as 
required under section 1304(cXlXA) of the Merchant Marine 
Act, 1936, The Secretary shall not implement any program 
requiring that any State academy share its training vessel with 
another State academy without having first received the 
express consent of Congress to do so.". 
SEC. 706. COAST GUARD EXAMINATION REQUIREMENT. 
46 USC app. 
Section 3 of the Act of October 13, 1989 (Public Law 101-115; 103 ^ ^ ^ °°*®' 
Stat. 692), shall not be effective prior to October 1,1994. 
SEC. 707. COMMITMENT AGREEMENTS. 
(a) IN GENERAL.—Section 1303(eX3) of the Merchant Marine Act, 
1936 (46 App. U.S.C. 1295b(eX3)), is amended— 
(1) by inserting "(A)" immediately after "(3)"; and 
(2) by adding at the end the following new subparagraph: 
"(B) If the Secretary of Defense is unable or unwilling to order 
an individual to active duty under subparagraph (A), the Sec-
retary of Transportation— 
"(i) may recover from the individual the cost of education 
provided by the Federal Government; and 
"(ii) shall request the Attorney General to begin court 
proceedings to recover the costs of education if the Sec-
retary decides to seek recovery under clause (i).". 
(b) APPUCABIUTY.—The amendments made by subsection (a) shall 
46 USC app. • 
apply to individuals who sign agreements after the date of enact- 1296b note, 
ment of this Act under section 1303(e) of the Merchant Marine Act, 
1936 (46 App. U.S.C. 1295b(e)). 
SEC. 708. NOMINATION AND APPOINTMENT OF CADETS. 
Section 1303(b) of the Merchant Marine Act, 1936 (46 App. U.S.C. 
1295b(b)), is amended— 
(1) in paragraph (1)— 
(A) by striking "(governor of American Samoa (until a 
delegate to the House of Representatives from American 
Samoa takes office)" and inserting in lieu thereof "Delegate 
from American Samoa"; 
(B) by striking "any individual who is" and inserting 
"any individual who is—" 
(C) by inserting "or" immediately after "CJommission," 
the last place it appears; and 
(D) by striking , or a resident of American Samoa if the 
individual is nominated by the Grovemor of American 
Samoa"; 
(2) in paragraph (3XAXvi), by striking "Governor of American 
Samoa (until a delegate to the House of Representatives from 
American Samoa takes office)" and inserting in lieu thereof 
"Delegate to the House of Representatives from American 
Samoa"; and 
(3) in pars^aph (7)— 
(A) in subparagraph (A), by striking "annually", "until 
September 30,1995,', and "up to six"; and 
104 STAT. 2996 
PUBLIC LAW 101-595—NOV. 16, 1990 
Merchfint 
Mariner 
Memorial 
Act of 1990. 
Nonprofit 
organizations. 
Non-Vessel-
Operating 
Common Carrier 
Amendments 
of 1990. 
46 u s e app. 
1701 note. 
(B) in subparagraph (B), by striking "the Secretary shall 
insure that the Republic of Panama reimburse the Sec-
retary" and inserting in lieu thereof "The Secretary shall 
be reimbursed". 
SEC. 709. MERCHANT MARINER MEMORIAL. 
(a) SHORT TITLE.—This section may be cited as the "Merchant 
Mariner Memorial Act of 1990". 
(b) VESSEL CONVEYANCE AUTHORITY.—(1) Notwithstanding any 
other law, the Secretary of Transportation may convey to any group 
of not less than two and not more than three nonprofit organiza-
tions, without consideration, all right, title, and interest of the 
United States Government in a vessel which— 
(A) is in the National Defense Reserve Fleet on the date of 
enactment of this section; 
(B) is of not less than 4,000 displacement tons; 
(C) has no usefulness to the Government; and 
(D) is scheduled to be scrapped. 
(2) As a condition of conveying a vessel to a group of nonprofit 
organizations pursuant to this section, the Secretary shall require 
that each nonprofit organization in the group— 
(A) before the date of that conveyance, enter into an agree-
ment with the other nonprofit organizations in that group 
which requires— 
(i) the sale of the vessel for scrap purposes; and 
(ii) the equal division of the proceeds of the sale among 
the nonprofit organizations in that group; 
(B) use its share of those proceeds for the expenses directly 
related to acquiring land for, designing, berthing, refurbishing, 
repairing, or constructing a memorial to merchant mariners; 
(C) have raised, before the date of enactment of this section, at 
least $100,000 from non-Federal sources for use for establishing 
a memorial to merchant mariners; and 
(D) agree to any other conditions the Secretary considers 
appropriate. 
(3)(A) A nonprofit organization may apply to the Secretary for a 
conveyance under this section individually or as a member of a 
group of nonprofit organizations. 
(B) The Secretary shall designate, for purposes of this section, 
groups of not less than two and not more than three nonprofit 
organizations which apply individually under this section. 
(C) A nonprofit organization may not be a member of more than 
one group of nonprofit organizations for purposes of this section. 
(c) DEUVERY.—The Secretary shall deliver a vessel conveyed 
under this section to a group of nonprofit organizations— 
(1) at a place where the vessel is located on the date of the 
approval of the conveyance, 
(2) in its condition on that date, and 
(3) without cost of the Government. 
(d) EXPIRATION.—The authority of the Secretary under this section 
to convey vessels shall expire two years after the date of enactment 
of this section. 
SEC. 710. NON-VESSEL-OPERATING COMMON CARRIERS. 
(a) SHORT TITLE.—This section may be cited as the 
Operating Common Carrier Amendments of 1990.". 
'Non-Vessel-
PUBLIC LAW 101-595—NOV. 16, 1990 
104 STAT. 2997 
(b) BONDING OF NON-VESSEL-OPERATING COMMON CARRIERS.—The 
Shipping Act of 1984 (46 App. U.S.C. 1701 et seq.) is amended by 
adding at the end the following new section: 
"SEC. 23. BONDING OF NON-VESSEL-OPERATING COMMON CARRIERS. 
46 USC app. 
1721 
"(a) BOND.—Each non-vessel-operating common carrier shsdl fur-
nish to the Commission a bond in a form and an amount determined 
by the Commission to be satisfactory to insure the financial respon-
sibility of that carrier, but in any event not less than $50,000. 
"(b) SURETY.—A bond submitted pursuant to this section shall be 
issued by a surety company found acceptable by the Secretary of the 
TreEisury. 
"(c) CLAIMS AGAINST BOND.—A bond obtained pursuant to this 
section shall be available to pay any judgment for damages against a 
non-vessel-operating common carrier arising from its transpor-
tation-related activities or order for reparations issued pursuant to 
section 11 of this Act or any penalty eissessed against a non-vessel-
operating carrier pursuant to section 13 of this Act. 
"(d) RESIDENT AGENT.—A non-vessel-operating common carrier 
not domiciled in the United States shall designate a resident agent 
in the United States for receipt of service of judicial and administra-
tive process, including subpoenas. 
"(e) TARIFFS.—The Commission may suspend or cancel any or all 
tariffs of a non-vessel-operating common carrier for failure to main-
tain the bond required by subsection (a) of this section or to des-
ignate an Eigent £is required by subsection (d) of this section or for a 
violation of section 10(a)(1) of this Act.". 
(c) PROHIBITED ACTS.—Section 10(b) of the Shipping Act of 1984 (46 
App. U.S.C. 17090))) is amended— 
(1) by striking "or" at the end of paragraph (13); 
(2) by redesignating paragraph (14) and any reference thereto 
£is paragraph (16); and 
(3) by inserting immediately after paragraph (13) the follow-
ing new paragraphs: 
"(14) knowingly and willfully accept cargo from or transport 
cargo for the account of a non-vessel-operating common carrier 
that does not have a tariff and a bond as required by sections 8 
and 23 of this Act; 
"(15) knowingly and willfully enter into a service contract 
with a non-vessel-operating common carrier or in which a non-
vessel-operating common carrier is listed as an affiliate that 
does not have a tariff and a bond as required by sections 8 and 
23ofthisAct;or". 
(d) INTERIM RULES.—The Commission may prescribe interim rules 46 USC app. 
and regulations necessary to carry out the amendments made by ^^^^ "°*®-
this section. 
(e) EFFECTIVE DATE.—This section shall become effective 90 days 46 USC app. 
after the date of its enactment. 
^''^ »ote. 
(f) CONFORMING AMENDMENT.—The table of contents in the first 
section of the Shipping Act of 1984 is amended by adding at the end 
the following entry: 
"Sec. 23. Bonding of non-vessel-operating common carriers.". 
SEC. 711. TECHNICAL CORRECTION. 
Section 8103 of title 46, United States Code is amended in subsec-
tion (i) by striking "Naturalization" and inserting "Nationality". 
104 STAT. 2998 
PUBLIC LAW 101-595—NOV. 16, 1990 
SEC. 712. MARITIME OIL POLLUTION PREVENTION, RESPONSE, AND 
CLEAN-UP TRAINING. 
Section 1305 of the Merchant Marine Act, 1936 (46 App. U.S.C. 
129od), is amended by adding at the end the following new 
subsection: 
"(cXD The Secretary shall assist maritime training institutions 
approved by the Secretary in establishing a maritime oil pollution 
prevention, response, and clean-up training program. 
"(2) Under the program established under paragraph (1)— 
"(A) the Secretary may provide, to maritime training institu-
tions approved by the Secretary, vessels described in paragraph 
(4), with title free of all liens, subject to the requirements 
specified under paragraph (3); and 
"(B) in return for receipt of such vessels, such institutions 
shall— 
"(i) employ the vessels for the training of students and 
appropriate maritime industry personnel in oil spill preven-
tion, response, clean-up, and related skills; and 
"(ii) make the vessels and qualified students available to 
appropriate Federal, State, and local oil spill response 
authorities in the event of a maritime oil spill. 
"(3) The requirements referred to in paragraph (2)(A) are as 
follows: 
"(i) any vessel provided under paragraph (2)(A) shall be ten-
dered to the approved maritime training institution at a loca-
tion determined by the Secretary; 
"(ii) no such vessel may be sold, traded, chartered, donated, 
scrapped, or in any way altered or disposed of without the prior 
approval of the Secretary; 
"(iii) no such vessel may be used in competition with any 
privately-owned vessel documented under the laws of the 
United States or any State, unless necessary to carry out the 
purposes of this subsection; 
"(iv) any approved maritime training institution in possession 
of such a vessel which can no longer utilize the vessel for 
training purposes shall return the vessel to the Secretary, who 
shall take possession of the vessel at the training institution and 
thereafter may dispose of the vessel, or provide the vessel to 
another approved maritime training institution, as the Sec-
retary determines appropriate; and 
"(v) such other requirements or conditions as the Secretary 
determines appropriate. 
PUBLIC LAW 101-595—NOV. 16, 1990 
104 STAT. 2999 
"(4) The vessels referred to in paragraph (2)(A) are United States-
built offshore supply vessels and United States-built tug/supply 
vessels in the possession of the Maritime Administration as a result 
of defaults on loans guaranteed under title XI of this Act.". 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—H.R. 4009 (S. 2759): 
HOUSE REPORTS: No. 101-440 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORTS: No. 101-420 accompanying S. 2759 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Apr. 3, considered and passed House. 
Aug. 4, considered and passed Senate, amended, in lieu of S. 2759. 
^ 
Oct. 15, House concurred in Senate amendment with an amendment. 
Oct. 27, Senate concurred in House amendment with an amendment. House 
concurred in Senate amendment.