Coast Guard Authorization Act of 1984
PL 98-557 (S.2526), enacted 10/30/1984

98 STAT. 2860 
PUBLIC LAW 98-557—OCT. 30, 1984 
Public Law 98-557 
98th Congress 
An Act 
Oct. 30, 1984 
[S. 2526] 
Coast Guard 
Authorization 
Act of 1984. 
Uniformed 
services. 
Vessels. 
Aleutian Islands. 
70 Stat. 250. 
To authorize appropriations for the Coast Guard for fiscal years 1985 and 1986, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Coast Guard Authorization Act of 1984". 
AUTHORIZATION OF FUNDS 
SEC. 2. Funds are authorized to be appropriated for necessary 
expenses of the Coast Guard for fiscal years 1985 and 1986 as 
follows: 
(1) For the operation and maintenance of the Coast Guard, 
including expenses related to the Capehart housing debt reduc-
tion, $1,800,000,000 for fiscal year 1985 and $1,950,000,000 for 
fiscal year 1986; and for increases in salary, pay, and other 
employee benefits authorized by law, and for the full amount of 
fixed costs associated with operation of five Coast Guard polar 
icebreaking vessels manned by Coast Guard military personnel, 
such sums as may be necessary for each such fiscal year. 
(2) For the acquisition, construction, rebuilding, and improve-
ment of aids to navigation, shore facilities, vessels, and aircraft, 
including equipment related thereto, $580,000,000 for fiscal year 
1985 (of which $30,000,000 shall be for design, survey, acquisi-
tion and construction of a search and rescue facility in Western 
Alaska to serve the Aleutian Islands) and $680,000,000 for fiscal 
year 1986 (of which $30,000,000 shall be for construction of such 
facility). 
(3) For 
research, 
development, 
test, 
and 
evaluation, 
$35,000,000 for fiscal year 1985 and $38,000,000 for fiscal year 
1986. 
(4) For the alteration or removal of bridges over navigable 
waters of the United States, constituting obstructions to naviga-
tion, $8,700,000 for fiscal year 1985, and such sums as may be 
necessary for expenses of the Coast Guard for such purposes for 
fiscal year 1986. 
(5) For retired pay including the payment of obligations there-
for otherwise chargeable to lapsed appropriations for this pur-
pose, and payments under the Retired Serviceman's Family 
Protection and Survivor Benefit Plans, and for payments for 
medical care of retired personnel and their dependents under 
the Dependents' Medical Care Act, such sums as may be neces-
sary for fiscal years 1985 and 1986. 
PERSONNEL LEVELS 
SEC. 3. Notwithstanding any other provision of law, the Coast 
Guard's full-time equivalent strength levels for fiscal years 1985 and 
1986 shall be maintained as follows: 
PUBLIC LAW 98-557—OCT. 30, 1984 
98 STAT. 2861 
(1) For active duty military personnel, not less than 39,150 for 
fiscal years 1985 and 1986, which shall not include members of 
the Ready Reserve called to active duty under the authority of 
section 712 of title 14, United States Code, or Public Health 
Service officers on active duty with the Coast Guard. 
(2) For civilian employees of the Coast Guard, not less than 
5,484 for fiscal years 1985 and 1986. 
MILITARY TRAINING 
SEC. 4. For fiscal years 1985 and 1986, the Coast Guard is author-
ized average military training student loads as follows: 
(1) For recruit and special training, 3,500 student-years. 
(2) For flight training, 118 student-years. 
(3) For professional training in military and civilian institu-
tions, 556 student-years. 
(4) For officer acquisition, 1,038 student-years. 
TRANSFER OF FUNDS 
SEC. 5. (a) Whenever the Secretary of the department in which the 
Coast Guard is operating determines it to be in the national interest, 
the Secretary may transfer not to exceed 5 percent of the funds 
appropriated for the purposes described in paragraph (1) or (2) of 
section 2 of this Act for use for any purpose described in any 
paragraph of section 2, except that the total available for the 
purposes for which the funds are transferred shall not be increased 
by more than 10 percent as a result of the transfer. 
(b) No transfer of funds may occur under subsection (a) of this 
section until 15 days after the Secretary has provided written 
notification to the Chairman of the Committee on Commerce, Sci-
ence, and Transportation of the Senate and the Chairman of the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives stating the reasons for the determination and a 
description of the purposes for which the funds proposed to be 
transferred will be used. 
Effective date. 
POLAR ICEBREAKING 
SEC. 6. (a) It is the sense of the Congress that the United States 
has important security, economic, and environmental interests in 
developing and maintaining a fleet of icebreaking vessels capable of 
operating effectively and independently in the heavy ice regions of 
the Arctic and Antarctic. 
O
b
) The Secretary of the department in which the Coast Guard is 
operating shall prepare design and construction plans for the pur-
chase of at least 2 new polar icebreaking vessels to be operational 
by the conclusion of fiscal year 1990, and shall provide detailed 
reports to the Congress describing the status of those plans in 
January 1985 and January 1986. In preparing such plans, the 
Secretary shall consult with other interested Federal agencies for 
the purpose of ensuring that all appropriate military, scientific, 
economic, and environmental interests are taken into account. 
Reports. 
98 STAT. 2862 
PUBLIC LAW 98-557—OCT. 30, 1984 
ALCOHOL USE BY BOATERS 
97 Stat. 508. 
SEC. 7. (a) Section 2302 of title 46, United States Code, is amended 
by redesignating subsection (c) as subsection (d) and inserting imme-
diately after subsection G)) the following: 
"(c) An individual who is intoxicated when operating a vessel, as 
determined under standards prescribed by the Secretary by regula-
tion, shall be— 
"(1) liable to the United States Government for a civil penalty 
of not more than $1,000; or 
"(2) fined not more than $5,000, imprisoned for not more than 
one year, or both.". 
97 Stat. 536. 
(b)(1) Section 6101(b) of title 46, United States Code, is amended by 
Report. 
adding at the end thereof the following: "Each report filed under 
this section shall include information as to whether the use of 
alcohol contributed to the casualty.". 
97 Stat. 536. 
(2) Section 6102(a) of title 46, United States Code, is amended by 
inserting immediately before the period at the end thereof the 
following: ", including information and statistics concerning the 
number of casualties in which the use of alcohol contributed to the 
casualty". 
Ante, p. 1013. 
(3) Section 13102(c)(4) of title 46, United States Code, is amended 
by inserting immediately after "program" the following: ", that 
includes the dissemination of information concerning the hazards of 
operating a vessel when under the influence of alcohol". 
RECREATIONAL BOATING SAFETY AMENDMENTS 
97 Stat. 531. 
SEC. 8. (a) Section 4307(aXlXA) of title 46, United States Code, is 
amended— 
(1) by inserting "(i)" immediately after "(A)"; 
(2) by striking "or" at the end of clause (i), as so redesignated 
by paragraph (1) of this subsection, and inserting in lieu thereof 
"and"; and 
(3) by adding at the end thereof the following: 
"(ii) it does not contain a defect which has been identified, 
in any communication to such person by the Secretary or 
the manufacturer of that vessel, equipment or component, 
as creating a substantial risk of personal injury to the 
public; or". 
97 Stat. 534. 
Q)) Section 4311(bXl) of title 46, United States Code, is amended by 
inserting "defect or the" immediately before "nonconformity". 
(c) Section 4311(fXl) of title 46, United States Code, is amended by 
inserting "or that the person was not advised by the Secretary or 
the manufacturer of that vessel, equipment or component that the 
vessel, equipment or component contains a defect which creates a 
substantial risk of personal injury to the public" immediately before 
the semicolon. 
RESCUE SWIMMING PROGRAM 
14 use 88 note. 
SEC. 9. The Secretary of the department in which the Coast Guard 
is operating shall use such sums as are necessary, from amounts 
appropriated for the operation and maintenance of the C!o£ist Guard, 
to establish a helicopter rescue swimming program for the purpose 
of training selected Coast Guard personnel in rescue swimming 
skills. 
PUBLIC LAW 98-557—OCT. 30, 1984 
98 STAT. 2863 
LIFESAVING EQUIPMENT ON PASSENGER FERRIES 
SEC. 10. The Secretary of the department in which the Coast 
14 USC 92 note. 
Guard is operating shall proceed vigorously with efforts to develop 
improved lifesaving equipment for use on passenger ferries. 
SAN FRANCISCO VTS 
SEC. 11. (a) Of the funds authorized to be appropriated by para-
graph (1) of section 2 of this Act, such sums as are necessary shall be 
used to maintain in full operation the vessel traffic service (VTS) 
system in San Francisco, California, throughout fiscal years 1985 
and 1986. 
(b) None of the funds authorized to be appropriated by this Act 
may be used to develop or issue a request for proposals to contract 
any function or activity involved in operating the vessel traffic 
service (VTS) system in San Francisco, California, which is, on the 
date of enactment of this Act, performed by Coast Guard personnel. 
(c) None of the funds authorized to be appropriated by this Act 
Study. 
may be used to hire, train, or otherwise utilize civilian personnel to 
replace Coast Guard military personnel involved in operating the 
vessel traffic service (VTS) system in San Francisco, California, until 
the Coast Guard has conducted a study in accordance with this 
subsection and has submitted the results of such study to the 
Congress. Such study shall identify the costs, efficiencies, and bene-
fits, if any, that would accrue to the Federal Government, the Coast 
Guard, the ports, the Navy, and other users of the vessel traffic 
service (VTS) system in San Francisco, California, from the use of 
civilian personnel in that system. 
LONG RANGE SEARCH AND SURVEILLANCE AIRCRAFT 
SEC. 12. (a) Of the amounts authorized to be appropriated by 
paragraphs (1) and (2) of section 2 of this Act, such sums as are 
necessary shall be used to procure, maintain, and operate a fleet of 
not less than twenty-seven long-range search and surveillance air-
craft for use by the Coast Guard. 
(b) The Secretary of the department in which the Coast Guard is 
operating is encouraged to conduct the research, development, test 
and evaluation necessary for an electronic surveillance system, 
capable of producing and documenting images for search and rescue 
or law enforcement purposes, for the long range search and surveil-
lance aircraft of the Coast Guard. 
PROTECTION OF SEAMEN 
SEC. 13. (a) Chapter 21 of title 46, United States Code, is amended 
by adding at the end thereof the following: 
"§ 2114. Protection of seamen against discrimination 
46 use 2114. 
"(a) An owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel may not discharge or in any manner 
discriminate against a seaman because the seaman in good faith has 
reported or is about to report to the Coast Guard that the seaman 
believes that a violation of this subtitle, or a regulation issued under 
this subtitle, has occurred. 
"(b) A seaman discharged or otherwise discriminated against in 
violation of this section may bring an action in an appropriate 
98 STAT. 2864 
PUBLIC LAW 98-557—OCT. 30, 1984 
district court of the United States. In that action, the court may 
order any appropriate relief, including— 
"(1) restraining violations of this section; and 
"(2) reinstatement to the seaman's former position with back 
pay.", 
(b) The analysis of chapter 21 of title 46, United States Code, is 
amended by adding at the end thereof the following: 
"2114. Protection of seamen against discrimination.". 
CONTRACTING FOR SERVICES PERFORMED BY THE COAST GUARD 
SEC. 14. (a) The Secretary of the department in which the Coast 
Guard is operating is encouraged to identify those functions and 
services presently performed by Coast Guard personnel which are 
not inherently governmental in nature, and which may be per-
formed with equal effectiveness and at lower cost under contract to 
the private sector. 
(b) None of the funds authorized to be appropriated by this Act 
may be used— 
(1) to issue any contract that would have the effect, either by 
itself or in combination with other contracting proposals, of 
causing a deterioration in the overall ability of the Coast Guard 
to carry out its missions in behalf of the security, safety, and 
economic and environmental well-being of the United States; or 
(2) to issue a request for proposals to contract out any func-
tion or activity which is, on the date of enactment of this Act, 
performed by civilian employees or members of the Coast 
Guard, unless a period of thirty days in which either the Senate 
or House of Representatives is in session has expired after the 
Secretary has submitted in writing to the President of the 
Senate, the Speaker of the House of Representatives, the Chair-
man of the Committee on Commerce, Science, and Transporta-
tion of the Senate, and the Chairman of the Committee on 
Merchant Marine and Fisheries of the House of Representatives 
a full and complete statement (including relevant supporting 
studies) concerning the proposed contracting and the reasons 
therefor. 
(c) Prior to the beginning of fiscal years 1985 and 1986, the 
Secretary shall submit to the Congress a list of functions or activi-
ties for which the Secretary expects to submit notifications required 
by subsection (b)(2) of this section during that fiscal year. 
(d) The requirements of subsection (b)(2) of this section do not 
apply to contracts for functions or activities which are performed by 
three or fewer Coast Guard personnel. 
LEGAL EQUITY FOR WOMEN 
SEC. 15. (a)(1) Section 371 of title 14, United States Code, is 
amended— 
(A) by striking "male" both places it appears in the second 
sentence of subsection (a); 
(B) in subsection (cXD— 
(i) by striking "he agrees in writing that, upon his" and 
inserting in lieu thereof "the person agrees in writing that, 
upon"; and 
(ii) by striking "he will" and inserting in lieu thereof "the 
person will"; and 
PUBLIC LAW 98-557—OCT. 30, 1984 
98 STAT. 2865 
(C) by striking "he has the consent of his parent or guardian 
to his agreement" in subsection (c)(2) and inserting in lieu 
thereof "the person has the consent of the person's parent or 
guardian to the agreement". 
(2) The first sentence of section 487 of such title is amended by 
14 use 487. 
striking 
"widows" and inserting in lieu thereof 
"surviving 
spouses". 
(3)(A) The following sections of such title are amended by striking 
"enlisted man" each place it appears and inserting in lieu thereof 
"enlisted member": 353, 354, 355, 357, 359, 360, 361, 362, 365, 366, 
367, 370, 421, 423, and 424. 
(B) The following sections of such title are amended by striking 
"enlisted men" each place it appears and inserting in lieu thereof 
"enlisted members": 41, 211(a)(2), 212(a)(2), 213(a)(1), 214, 357, 432(c), 
478(d), and 480. 
(C) The following sections of such title are amended by striking 
"Enlisted men" each place it appears and inserting in lieu thereof 
"Enlisted members": 41, 352, 367, 478(a), 481, and 482. 
(D) The following sections of such title are amended by striking 
"officers and enlisted men" each place it appears and inserting in 
lieu thereof "members": 920)), 144(a), 145(a)(2), 148, 149, 487, and 
832. 
(E) Section 149 of such title is amended by striking "Officers and 
enlisted men" and inserting in lieu thereof "Members". 
(F) Section 351(a) of such title is amended by striking "men" and 
inserting in lieu thereof "persons". 
(G) Section 361 of such title is amended by striking "the man" and 
inserting in lieu thereof "the member". 
(H) Sections 192 and 483 of such title are amended by striking 
"commissioned officer, warrant officer, or enlisted man" each place 
it appears and inserting in lieu thereof "member". 
(I) Section 488 of such title is amended by striking "officers and 
men" and inserting in lieu thereof "members". 
(4)(A)(i) The heading of section 149 of such title is amended to read 
as follows: 
"§ 149. Detail of members to assist foreign governments". 
(ii) The item relating to such section in the analysis of chapter 7 of 
such title is amended as follows: 
"149. Detail of members to assist foreign governments.". 
(B)(i) The heading of section 360 of such title is amended to read as 
follows: 
"§ 360. Recall to active duty with consent of member". 
(ii) The item relating to such section in the analysis of chapter 11 
of such title is amended to read as follows: 
"360. Recall to active duty with consent of member.". 
(C)(i) The heading of section 361 of such title is amended to read as 
follows: 
"§ 361. Relief of retired enlisted member promoted while on active 
duty". 
(ii) The item relating to such section in the analysis of chapter 11 
of such title is amended to read as follows: 
98 STAT. 2866 
PUBLIC LAW 98-557—OCT. 30, 1984 
"361. Relief of retired enlisted member promoted while on active duty.". 
14 use 487. 
(D)(i) The heading of section 487 of such title is amended to read as 
follows: 
"§ 487. Procurement and sale of stores to members and civilian 
employees". 
(ii) The item relating to such section in the analysis of chapter 13 
of such title is amended to read as follows: 
"487. Procurement and sale of stores to members and civilian employees.". 
(E)(i) The heading preceding section 350 in such title is amended 
to read as follows: 
"ENLISTED MEMBERS" 
(ii) The heading preceding the item relating to section 350 in the 
analysis of chapter 11 of such title is amended to read as follows: 
"ENLISTED MEMBERS" 
ObXD The first section of the Act of August 19,1950 (33 U.S.C. 771) 
is amended— 
(A) by striking "he" in clause (1) and inserting in lieu thereof 
"that employee"; 
(B) by amending clause (2) to read as follows: 
"(2) the surviving spouse of the former employee was married 
to the former employee prior to the retirement of the former 
employee from the Lighthouse Service and has not remarried—"; 
and 
(C) by striking "such widow, so long as she" in the material 
after clause (2) and inserting in lieu thereof "the surviving 
spouse, so long as the surviving spouse". 
(2) Section 2 of such Act (33 U.S.C. 772) is amended— 
(A) by amending clause (2) to read as follows: 
"(2) the surviving spouse of the employee has not since remar-
ried,"; and 
(B) by striking "such widow, so long as she" in the material 
after clause (2) and inserting in lieu thereof "the surviving 
spouse, so long as the surviving spouse". 
COASTAL AND INLAND NAVIGATION SAFETY 
Mississippi 
SEC. 16. (a) Subsection (e) of Public Law 96-380 (33 U.S.C. 1231a(e)) 
River. 
is amended by striking "five years from the date of enactment of 
this Act" and inserting in lieu thereof "on September 30, 1990". 
(b)(1) Rule 24(i) of the Inland Navigational Rules, enacted by 
section 2 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 
2024(i)), is amended by inserting "(except below the Huey P. Long 
Bridge on the Mississippi River)" immediately after "Western 
Rivers". 
(2) Section 5 of the Inland Navigational Rules Act of 1980 (33 
U.S.C. 2073) is amended— 
(A) by amending the second sentence in subsection (c) to read 
as follows: "Members of the Council, while away from their 
home or regular places of business, may be allowed travel 
expenses, including per diem in lieu of subsistence, as author-
ized by section 5703 of title 5, United States Code."; and 
PUBLIC LAW 98-557—OCT. 30, 1984 
98 STAT. 2867 
(B) by striking "5 years from the date of enactment of this 
Act" in subsection (d) and inserting in lieu thereof "on Septem-
ber 30,1990". 
(c) Rule 14 of the Inland Navigational Rules, enacted by section 2 
of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2014), is 
amended— 
(1) in subsection (a), by striking "When" and inserting in lieu 
thereof "Unless otherwise agreed, when"; and 
(2) by adding at the end thereof the following: 
"(d) Notwithstanding paragraph (a) of this Rule, a power-driven 
Great Lakes, 
vessel operating on the Great Lakes, Western Rivers, or waters Western Rivers. 
specified by the Secretary, and proceeding downbound with a follow-
ing current shall have the right-of-way over an upbound vessel, shall 
propose the manner of passage, and shall initiate the maneuvering 
signals prescribed by Rule 34(a)(i), as appropriate.". 
COAST GUARD MANAGEMENT AND EFFICIENCY 
SEC. 17. (a) Section 971(b) of title 10, United States Code, is 
amended— 
(1) by striking "and" at the end of clause (1); 
(2) by striking the period at the end of clause (2) and inserting 
in lieu thereof "; and"; and 
(3) by adding at the end thereof the following: 
"(3) no officer of the Coast Guard may be credited with service 
as a midshipman at the United States Naval Academy or as a 
cadet at the United States Military Academy, United States Air 
Force Academy, or United States Coast Guard Academy.". 
(b)(1) Section 257 of title 14, United States Code, is amended by 
adding at the end thereof the following: 
"(e) An officer whose involuntary retirement or separation is 
deferred under section 295 of this title is not eligible for consider- Infra. 
ation for promotion to the next higher grade during the period of 
that deferment.". 
(2)(A) Chapter 11 of such title is amended by inserting immedi-
ately after section 294 the following: 
"§ 295. Deferment of retirement or separation for medical reasons 
14 USC 295. 
"(a) Subject to subsection (b), the Secretary may defer the retire-
ment or separation of a commissioned officer, other than a commis-
sioned warrant officer, if the evaluation of the physical condition of 
the officer and determination of the officer's entitlement to retire-
ment or separation for physical disability require hospitalization, 
medical observation, or other physical disability processing that 
cannot be completed before the date on which the officer would 
otherwise be retired or separated. 
"(b) A deferment under subsection (a)— 
"(1) may only be made with the consent of the officer 
involved; and 
"(2) if the Secretary receives written notice from the officer 
withdrawing that consent, shall end not later than the end of 
the sixty-day period beginning on the date the Secretary 
receives that notice.". 
(B) The analysis of such chapter is amended by inserting immedi-
ately after the item relating to section 294 the following: 
"295. Deferment of retirement or separation for medical reasons.". 
98 STAT. 2868 
PUBLIC LAW 98-557—OCT. 30, 1984 
14 use 647. 
(3)(A) Section 647 of such title is amended by striking "$25,000" 
and inserting in lieu thereof "$100,000". 
14 use 647 note. 
(B) The amendment made by subparagraph (A) of this paragraph 
shall apply to all claims considered, ascertained, adjusted, deter-
mined, compromised or settled on or after the date of enactment of 
this Act. 
(4) Section 367 of such title is amended— 
(A) by striking "(a)" before "Under regulations"; 
(B) by striking "person detained" and inserting in lieu thereof 
"member detained"; and 
(C) by striking "(1) of this subsection" and inserting in lieu 
thereof "claused)". 
(c) Section 1114 of title 18, United States Code, is amended by 
striking "any officer or enlisted man of the Coast Guard," and 
inserting in lieu thereof "any member of the Coast Guard, any 
employee of the Coast Guard assigned to perform investigative, 
inspection or law enforcement functions,". 
(d) Section 402(d) of title 37, United States Code, is amended by 
inserting "and the Secretary of Transportation with respect to the 
Coast Guard when it is not operating as a service in the Navy" 
immediately after "Secretary of Defense". 
(e)(1) Subsection (a) of section 3732 of the Revised Statutes of the 
United States (41 U.S.C. 11) is amended— 
(A) by striking "except in the War and Navy Departments" 
and inserting in lieu thereof "except in the Department of 
Defense and in the Department of Transportation with respect 
to the Coast Guard when it is not operating as a service in the 
Navy"; and 
(B) by striking "or transportation" and inserting in lieu 
thereof ", transportation, or medical and hospital supplies". 
(2) Subsection Ot)) of such section is amended by inserting "and the 
Secretary of Transportation with respect to the Coast Guard when it 
is not operating as a service in the Navy" immediately after "The 
Secretary of Defense". 
(3) The first proviso under the heading "MEDICAL DEPARTMENT" in 
the Act entitled "An Act making appropriations for the support of 
the Army for the fiscal year ending June thirteenth, nineteen 
41 use 11. 
hundred and seven", approved June 12, 1906 (34 Stat. 255), is 
repealed. 
(f)(1) Section 911 of the Military Construction Authorization Act, 
1982 (42 U.S.C. 248c) is amended— 
(A) by striking "and the Secretary of Health and Human 
Services" each place it appears and inserting in lieu thereof 
", the Secretary of Health and Human Services, and the Secre-
tary of Transportation when the Coast Guard is not operating 
as a service in the Navy"; and 
(B) by inserting "the Secretary of Transportation when the 
Coast Guard is not operating as a service in the Navy," immedi-
ately before "and the appropriate officials". 
(2) Section 1252 of the Department of Defense Authorization Act, 
97 Stat. 698. 
1984 (42 U.S.C. 248d) is amended— 
(A) by striking "and the Secretary of Health and Human 
Services" each place it appears and inserting in lieu thereof 
", the Secretary of Health and Human Services, and the Secre-
tary of Transportation when the Coast Guard is not operating 
as a service in the Navy"; and 
PUBLIC LAW 98-557—OCT. 30, 1984 
98 STAT. 2869 
(B) by inserting "and the Secretary of Transportation when 
the Coast Guard is not operating as a service in the Navy" 
immediately after "with the Secretary of Health and Human 
Services" each place it appears. 
(g)(1) The first section of the Act of March 23, 1906 (33 U.S.C. 491), 
popularly known as the "Bridge Act of 1906", is amended— 
(A) by striking "and Chief of Engineers for their approval, nor 
until they" and inserting in lieu thereof "for the Secretary's 
approval, nor until the Secretary"; 
(B) by striking "by the Chief of Engineers and"; 
(C) by striking "of the Chief of Engineers and"; and 
(D) by striking "of Transportation" the second and third place 
it appears. 
(2) Section 502(b) of the General Bridge Act of 1946 (33 U.S.C. 
525(b)) is amended— 
(A) by striking "the Chief of Engineers and"; and 
(B) by striking "they" both places it appears and inserting in 
lieu thereof "the Secretary". 
REPEAL OF DUPLICATE TANKERMAN MANNING REQUIREMENT 
SEC. 18. Section 87030t)) of title 46, United States Code, relating to 
tankerman manning requirements, is repealed. 
INCLUSION OF SECRETARY OF TRANSPORTATION IN CERTAIN MEDICAL 
MATTERS 
SEC. 19. Chapter 55 of title 10, United States Code, is amended— 
(1) in section 1072— 
(A) by striking all after "by" through "may be," in para-
graph (2)(D)(iii) and inserting in lieu thereof "the adminis-
tering Secretary"; and 
(B) by adding at the end thereof the following: 
"(3) 'Administering Secretaries' means the Secretaries of 
executive departments specified in section 1073 of this title as 
having responsibility for administering this chapter."; 
(2) in section 1073, by striking all after "jurisdiction," through 
"Navy, and" and inserting in lieu thereof "the Secretary of 
Transportation shall administer this chapter for the Coast 
Guard when the Coast Guard is not operating as a service in the 
Navy, and the Secretary of Health and Human Services shall 
administer this chapter'; 
(3) in section 1074, by striking "Secretary of Defense and the 
Secretary of Health and Human Services" each place it appears 
and inserting in lieu thereof "administering Secretaries"; 
(4) in section 1074a(a), by striking "Secretary of Defense and 
97 Stat. 665. 
the Secretary of Health and Human Services" and inserting in 
lieu thereof "administering Secretaries"; 
(5) in section 1076 O
t
>
) and (d), by striking "the Secretary of 
Defense and the Secretary of Health and Human Services" and 
inserting in lieu thereof "the administering Secretaries"; 
(6) in section 1078 (a) and (b), by striking "the Secretary of 
Health and Human Services" and inserting in lieu thereof "the 
other administering Secretaries"; 
(7) in section 1079— 
(A) by striking "the Secretary of Defense and the Secre-
tary of Health and Human Services" each place it appears 
98 STAT. 2870 
PUBLIC LAW 98-557—OCT. 30, 1984 
and inserting in lieu thereof "the administering Secretar-
ies"; and 
(B) by striking "with the Secretary of Health and Human 
97 Stat. 648. 
Services" in subsections (a), (h)(2), and (k) and inserting in 
lieu thereof "with the other administering Secretaries"; 
(8) in section 1080, by striking "the Secretary of Health and 
Human Services" and inserting in lieu thereof "the other 
administering Secretaries"; 
(9) in section 1081, by striking "the Secretary of Defense or 
the Secretary of Health and Human Services" and inserting in 
lieu thereof "the appropriate administering Secretary"; 
(10) in section 1083, by striking "the Secretary of Health and 
Human Services" and inserting in lieu thereof "the other 
administering Secretaries"; 
(11) in section 1084— 
(A) by striking "the Secretary of Defense or the Secre-
tary of Health and Human Services" and inserting in lieu 
thereof "an administering Secretary"; and 
(B) by striking "he" and inserting in lieu thereof "the 
administering Secretary"; 
(12) by amending the text of section 1085 to read as follows: 
"If a member or former member of a uniformed service under the 
jurisdiction of one executive department (or a dependent of such a 
member or former member) receives inpatient medical or dental 
care in a facility under the jurisdiction of another executive depart-
ment, the appropriation for maintaining and operating the facility 
furnishing the care shall be reimbursed at rates established by the 
President to reflect the average cost of providing the care."; 
(13) in section 1086— 
(A) by striking "the Secretary of Health and Human 
Services" in subsection (a) and inserting in lieu thereof "the 
other administering Secretaries"; and 
(B) by striking "the Secretary of Defense and the Secre-
tary of Health and Human Services" in subsection (e) and 
inserting in lieu thereof "the administering Secretaries"; 
and 
97 Stat. 650. 
(14) in section 1092(aXl), by striking "Secretary of Health and 
Human Services" and inserting in lieu thereof "other adminis-
tering Secretaries". 
CUTTER AVAILABIUTY 
SEC. 20. Throughout fiscal years 1985 and 1986, there shall be 
available for service at all times on the Atlantic and Gulf Coasts of 
the United States not less than, in the aggregate, thirty high and 
medium endurance Coast Guard cutters. 
COAST GUARD REPRESENTATION ON RESERVE FORCES POUCY BOARD 
SEC. 21. Section 17503) of title 10, United States Code, is amended 
to read as follows: 
"(b) Whenever the Coast Guard is not operating as a service in the 
Navy, the Secretary of Transportation may designate two officers of 
the Coast Guard, Regular or Reserve, to serve as voting members of 
the Board.". 
PUBLIC LAW 98-557—OCT. 30, 1984 
STAT. 2871 
EXPOSURE SUITS 
SEC. 22. (a)(1) Chapter 31 of title 46, United States Code, is 
amended by adding at the end thereof the following: 
"§ 3102. Exposure suits 
46 USC 3102. 
"(a) The Secretary shall by regulation require exposure suits on Regulations, 
vessels designated by the Secretary that operate in the Atlantic 
Atlantic Ocean. 
Ocean north of thirty-two degrees North latitude or south of thirty-
two degrees South latitude and in all other waters north of thirty-
five degrees North latitude or south of thirty-five degrees South 
latitude. The Secretary may not exclude a vessel from designation 
under this section only because that vessel carries other lifesaving 
equipment. 
"(b) The Secretary shall establish standards for an exposure suit 
required by this section, including standards to guarantee adequate 
thermal protection, buoyance, and flotation stability. 
"(c)(1) The owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel violating this section or a regulation 
prescribed under this section is liable to the United States Govern-
ment for a civil penalty of not more than $5,000. The vessel also is 
liable in rem for the penalty. 
"(2) The owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel violating this section or a regulation 
prescribed under this section may be fined not more than $25,000, 
imprisoned for not more than 5 years, or both.". 
(2) The analysis of chapter 31 of title 46, United States Code, is 
amended by inserting immediately after the item relating to section 
3101 the following: 
"3102. Exposure suits.". 
(b) Section 3102 of title 46, United States Code (as added by 
subsection (a) of this section), does not limit the authority of the 
Secretary of the department in which the Coast Guard is operating 
to prescribe regulations requiring exposure suits on vessels not 
required by section 3102 to have exposure suits. 
(c) The regulations prescribed under section 3102 of title 46, 
United States Code (as added by subsection (a) of this section), shall 
be effective not later than 60 days after the date of enactment of this 
Act. 
(d) Not later than six months after the date of enactment of this 
Report. 
Act, the Secretary of the department in which the Coast Guard is 
operating shall submit a report to the Congress evaluating the 
benefits and disadvantages of extending the regulations prescribed 
under section 3102 of title 46, United States Code (as added by 
subsection (a) of this section) to require exposure suits on designated 
vessels operating in all waters north of thirty-one degrees North 
latitude or south of thirty-one degrees South latitude. 
46 USC 3102 
note. 
Regulations. 
Effective date. 
46 USC 3102 
note. 
VESSEL FIRE RESPONSE CAPABILITY 
SEC. 23. (a) The Secretary of the department in which the Coast 
Guard is operating shall make a grant to the Maritime Fire and 
Safety Association, a nonprofit organization incorporated in the 
State of Oregon. Such grant shall be used for a demonstration 
project to develop a fire response capability for vessels through the 
acquisition of equipment and supplies and through training of fire 
Grants. 
98 STAT. 2872 
PUBLIC LAW 98-557—OCT. 30, 1984 
response personnel. The Secretary shall ensure that funds made 
avsolable by such grant are used for such purposes. 
(b) For purposes of subsection (a) of this section, there are author-
ized to be appropriated not to exceed $349,000 for fiscal year 1985, 
not to exceed $160,000 for fiscal year 1986, and not to exceed 
$103,000 for fiscal year 1987. 
CADET 
PREAPPOINTMENT 
TRAVEL 
EXPENSES 
SEC. 24. (a) Chapter 9 of title 14, United States Code, is amended 
by inserting immediately after section 181 the following: 
1
4 use 181a. 
"§ 181a. Cadet applicants; preappointment travel to Academy 
"The Secretary is authorized to expend appropriated funds for 
selective preappointment travel to the Academy for orientation 
visits of cadet applicants.". 
0)) The table of sections at the beginning of such chapter is 
amended by inserting immediately after the item relating to section 
181 the following: 
"181a. Cadet applicants; preappointment travel to Academy.". 
COMMODORE AND REAR ADMIRAL RESERVE POSITIONS 
SEC. 25. (aXD Section 42(b) of title 14, United States Code, is 
amended by striking ".375" both places it appears and inserting in 
lieu thereof "0.375". 
(2) Section 290 of such title is amended by striking "Board" in the 
fourth sentence and inserting in lieu thereof "Boarck". 
(3) The table of sections at the beginning of chapter 13 of such title 
is amended by striking the item relating to section 462a. 
(4) Section 724 of such title is amended— 
(A) by mserting "(1)" immediately after "(b)"; 
(B) by striking the last sentence; and 
(C) by adding at the end thereof the following: 
"(2) The authorized nimiber of Reserve Officers in an active status 
not on active duty in the grades of commodore and rear admiral is a 
total of two. However, the Secretary of the department in which the 
Coast Guard is operating may authorize an additional number of 
Reserve officers not on active duty in the grades of commodore and 
rear admiral as necessary in order to meet planned mobilization 
requirements.". 
a)Xl) The matter in the table in section 201(a) of title 37, United 
States Code, under the heading "Navy, Coast Guard, and National 
Oceanic and Atmospheric Administration" and in the columns for 
0-8 and 0-7 is amended to read as follows: 
"Rear admiral 
"Conunodore". 
(2XA) The heading of section 202 of such title is amended to read 
as follows: 
"§ 202. Pay grade: retired Coast Guard commodores". 
(B) The item relating to section 202 in the table of sections at the 
beginning of chapter 3 of such title is amended to read as follows: 
"202. Pay grade: retired Coast Guard commodores.". 
PUBLIC LAW 98-557—OCT. 30, 1984 
98 STAT. 2873 
(c) The matter in the table in section 741(a) of title 10, United 
States Code, under the heading "Navy and Coast Guard" is 
amended— 
(1) by striking "Rear admiral (Navy) and Rear admiral (upper 
half) (Coast Guard)" and inserting in lieu thereof "Rear admi-
ral"; and 
(2) by striking "Commodore (Navy) and Rear admiral (lower 
half) (Coast Guard)" and inserting in lieu thereof "Commodore". 
ASSOCIATE DEPUTY SECRETARY OF TRANSPORTATION 
SEC. 26. (a) Section 102 of title 49, United States Code, is amended 
by redesignating subsection (d) as subsection (e) and inserting imme-
diately after subsection (c) the following: 
"(d) The Department 
has an Associate Deputy 
Secretary 
appointed by the President, by and with the advice and consent of 
the Senate. The Associate Deputy Secretary shall carry out powers 
and duties prescribed by the Secretary.". 
(b) Section 5316 of title 5, United States Code, is amended by 
adding at the end thereof the following: "Associate Deputy Secre-
tary, Department of Transportation.". 
(c) Notwithstanding any other provision of law, until April 15, 49 USC102 note. 
1985, the position created by subsection (a) of this section may be 
held by a person named by the President alone from among quali-
fied individuals. 
FLAT RATE PER DIEM TEST 
SEC. 28. (a) Before October 1, 1986, the Secretary of the depart-
ment in which the Coast Guard is operating may test a flat rate per 
diem allowances system for military travel allowances. 
(b) Such flat rate per diem allowances shall be an amount deter-
mined by the Secretary to be sufficient to meet normal and neces-
sary expenses in the area in which travel is performed, but such 
allowances may not be more than $75 for each day in the continen-
tal United States. 
(c) The test authorized by this section may not begin before the 
Committees on Commerce, Science, and Transportation and Armed 
Services of the Senate and the Committees on Merchant Marine and 
Fisheries and Armed Services of the House of Representatives are 
notified of the test. 
IMPROVEMENTS IN SHIPPING LAWS ADMINISTERED BY THE COAST 
GUARD 
SEC. 29. (a) Section 7101(e)(3) of title 46, United States Code, is 
97 Stat. 539. 
amended to read as follows: 
"(3) has a thorough physical examination each year while 
holding the license, except that this requirement does not apply 
to an individual who will serve as a pilot only on a vessel of less 
than 1,600 gross tons;". 
(b) Section 8101(g) of title 46, United States Code, is amended by 
97 Stat. 548. 
striking "or part B of this subtitle applies" and inserting in lieu 
thereof "applies or which is subject to inspection under chapter 33 of 
this title". 
(c) Section 8301(a) of title 46, United States Code, is amended— 
97 Stat. 550. 
(1) by inserting "(except the Great Lakes)" immediately after 
"lakes'^"; and 
98 STAT. 2874 
PUBLIC LAW 98-557—OCT. 30, 1984 
(2) by striking "to which part B of this subtitle applies" and 
inserting in lieu thereof "subject to inspection under chapter 33 
of this title". 
97 Stat. 550. 
(d) Section 8301(a)(1) of title 46, United States Code, is amended by 
inserting "propelled by machinery or carrying passengers" immedi-
ately after "vessels". 
97 Stat. 553. 
(e) Section 8501(a) of title 46, United States Code, is amended by 
striking "part" and inserting in lieu thereof "subtitle". 
(f)(1) Section 8502(a) of title 46, United States Code, is amended to 
read as follows: 
"(a) Except as provided in subsection (g) of this section, a coastwise 
seagoing vessel shall be under the direction and control of a pilot 
97 Stat. 539. 
licensed under section 7101 of this title if the vessel is— 
"(1) not sailing on register; 
"(2) underway; 
"(3) not on the high seas; and 
"(4)(A) propelled by machinery and subject to inspection 
under Part B of this subtitle; or 
"(B) subject to inspection under chapter 37 of this title.". 
97 Stat. 553. 
(2) Section 8502 of title 46, United States Code, is amended by 
adding at the end thereof the following: 
"(g) The Secretary shall designate by regulation the areas of the 
approaches to and waters of Prince William Sound, Alaska, on 
which a vessel subject to this section is not required to be under the 
direction and control of a pilot licensed under section 7101 of this 
title.". 
(3XA) Chapter 85 of title 46, United States Code, is amended by 
adding at the end thereof the following: 
46 use 8503. 
"§ 8503. Federal pilots authorized 
"(a) The Secretary may require a pilot licensed under section 7101 
of this title on a self-propelled vessel when a pilot is not required by 
State law and the vessel is— 
"(1) engaged in foreign commerce; and 
"(2) operating on the navigable waters of the United States. 
"(b) A requirement prescribed under subsection (a) of this section 
is terminated when the State having jurisdiction over the area 
involved— 
"(1) establishes a requirement for a State licensed pilot; and 
"(2) notifies the Secretary of that fact. 
Saint Lawrence 
"(c) For the Saint Lawrence Seaway, the Secretary may not 
Seaway. 
delegate the authority under this section to an agency except the 
Saint Lawrence Seaway Development Corporation. 
"(d) A person violating this section or a regulation prescribed 
under this section is liable to the United States Government for a 
civil penalty of not more than $25,000. Each day of a continuing 
violation is a separate violation. The vessel also is liable in rem for 
the penalty. 
"(e) A person that knowingly violates this section or a regulation 
prescribed under this section shall be fined not more than $50,000, 
imprisoned for not more than five years, or both.". 
(B) The analysis of chapter 85 of title 46, United States Code, is 
amended by inserting immediately after the item relating to section 
8502 the following: 
"8503. Federal pilots authorized.". 
PUBLIC LAW 98-557—OCT. 30, 1984 
98 STAT. 2875 
(g) Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 
1226) is repealed. 
(h) Section 10 of the Ports and Waterways Safety Act (33 U.S.C. 
1229) is amended by striking "6, and 7" and inserting in lieu thereof 
"and 6". 
LOGBOOK REQUIREMENT 
SEC. 30. Section 11301(a) of title 46, United States Code, is 
amended to read as follows: 
"(a) Except a vessel on a voyage from a port in the United States 
to a port in Canada, a vessel of the United States shall have an 
official logbook if the vessel is— 
"(1) on a voyage from a port in the United States to a foreign 
port; or 
"(2) of at least 100 gross tons and is on a voyage between a port 
of the United States on the Atlantic Ocean and on the Pacific 
Ocean.". 
Repeal. 
97 Stat. 581. 
TRENT RIVER RAILROAD BRIDGE 
SEC. 31. Notwithstanding any other provision of law, the Trent 
River Railroad Bridge, mile 0.0, in New Bern, North Carolina, is 
deemed an unreasonable obstruction to navigation. 
New Bern, N.C. 
AMENDMENTS TO THE COASTWISE LOAD UNE ACT 
SEC. 32. (a) Section 1(b) of the Act of August 27, 1935 (46 App. 
U.S.C. 88(b)), popularly known as the "Coastwise Load Line Act, 
1935", is amended to read as follows: 
"(h) This Act does not apply t o ^ 
"(1) a fish tender vessel of not more than 500 gross tons— 
"(A) constructed, under construction, or contracted to be 
constructed as a vessel of this tjrpe before January 1, 1980; 
or 
"(B) converted for use as a vessel of this t)T)e before 
January 1,1983; and 
"(2) a fish processing vessel of not more than 5,000 gross tons, 
except a vessel constructed after August 15, 1974, or converted 
for use as a vessel of this type after January 1, 1983.". 
(b) Section 2 of such Act (46 App. U.S.C. 88a) is amended to read as 
follows: 
"SEC. 2. (a) For vessels to which this Act applies, the Secretary of 
the department in which the Coast Guard is operating shall estab-
lish by regulation load lines and marks indicating the maximum 
depth to which these vessels may be loaded safely. 
'Olj) In prescribing regulations under this Act, the Secretary shall 
consider the age, condition, character, design, and construction of a 
vessel to which this Act applies, including subdivision and stability 
characteristics. 
"(c) This Act applies to the Great Lakes, except that the Secretary 
may establish special operating regulations for barges operating 
close to shore between Calumet Harbor, Illinois, and Burns Harbor, 
Indiana, that exempt these barges from the load line and marking 
requirements of this section. 
"(d) The Secretary may not establish on any vessel a load line that 
is above the actual line of safety.". 
Regulations. 
Regulations. 
Calumet Harbor, 
111. 
Burns Harbor, 
Ind. 
98 STAT. 2876 
PUBLIC LAW 98-557—OCT. 30, 1984 
TECHNICAL AMENDMENTS REGARDING COMMERCIAL FISHING INDUSTRY 
VESSELS 
SEC. 33. (a) Section 4502(bX3) of title 46, United States Code, is 
amended by striking "the exemption" and inserting in lieu thereof 
"this chapter". 
(b) Section 4503 of title 46, United States Code, is amended by 
striking "shall be deemed" and inserting in lieu thereof "is 
deemed". 
(c) Section 8104 (k) and (1) of title 46, United States Code, is 
amended by striking "may" and inserting in lieu thereof "shall". 
Ante, pp. 445, 
(d) Section 402(13) of the Act of July 17, 1984 (Public Law 98-364) 
^^^- 
is amended by striking "Section 10101(a)" and inserting in lieu 
thereof "Section 10101". 
SAIUNG SCHOOL VESSELS 
SEC. 34. (a) Section 2101 of title 46, United States Code, is 
amended: 
(1) in clause (21)(B), by inserting "or a sailing school vessel" 
immediately after "vessel" the first time it appears; and 
(2) in clause (27), by striking all after "by sail" and inserting 
in lieu thereof "and may include— 
"(A) any subject related to that operation and to the sea, 
including seamanship, navigation, oceanography, other 
nautical and marine sciences, and maritime history and 
literature; and 
"(B) only when in conjunction with a subject referred to 
in subclause (A) of this clause, instruction in mathematics 
and language arts skills to sailing school students having 
learning disabilities.". 
46 use app. 
(b) Section 206 of the Sailing School Vessels Act of 1982 (46 App. 
446b. 
U.S.C. 446(b)) is amended by inserting "section 11101(a)-(c) of title 
46, United States Code," immediately before "and". 
PUBLIC LAW 98-557—OCT. 30, 1984 
98 STAT. 2877 
COMPENSATION OF COMMANDANT OF THE COAST GUARD 
SEC. 35. (a) Footnote 2 of the table entitled "COMMISSIONED 
OFFICERS" in section 101(b)(1) of the Uniformed Services Pay Act 
of 1981 (Public Law 97-60; 95 Stat. 990) is amended— 
37 USC 1009 
(1) by striking "or"; and 
note. 
(2) by inserting "or Commandant of the Coast Guard," imme-
diately after "Corps,". 
(b) The first sentence of footnote 4 of the table in section 1401 of 
title 10, United States Code, is amended— 
(1) by striking "or"; and 
(2) by inserting "or Commandant of the Coast Guard," imme-
diately after "Corps,". 
(c) The amendments made by this section shall become effective 
Effective date. 
on October 1,1984. 
lO USC 1401 
note. 
Approved October 30, 1984. 
LEGISLATIVE HISTORY—S. 2526: 
SENATE REPORT No. 98-454 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Oct. 5, considered and passed Senate. 
Oct. 9, considered and passed House.