[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2150 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  1st Session

                               H. R. 2150

_______________________________________________________________________

                               AMENDMENT
                  In the Senate of the United States,

                                                     November 22, 1993.
      Resolved, That the bill from the House of Representatives (H.R. 
2150) entitled ``An Act to authorize appropriations for fiscal year 
1994 for the United States Coast Guard, and for other purposes'', do 
pass with the following

                               AMENDMENT:

        Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act of 
1993''.

                        TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for necessary expenses of 
the Coast Guard for fiscal year 1994, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,612,552,200, of which $25,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund, and of which $35,000,000 shall 
        be expended from the Boat Safety Account.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $417,996,500, to remain available until expended, of 
        which $23,030,000 shall be derived from the Oil Spill Liability 
        Trust Fund to carry out the purposes of section 1012(a)(5) of 
        the Oil Pollution Act of 1990.
            (3) For research, development, test, and evaluation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission in 
        support of search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, and defense readiness, 
        $25,000,000, to remain available until expended, of which 
        $4,457,000 shall be derived from the Oil Spill Liability Trust 
        Fund.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $548,774,000.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation associated with the Bridge Alteration Program, 
        $12,940,000 to remain available until expended.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities, $23,057,000, to remain available until 
        expended.

SEC 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND MILITARY TRAINING.

    (a) Authorized Military Strength Level.--The Coast Guard is 
authorized an end-of-year strength for active duty personnel of 39,138 
as of September 30, 1994. The authorized strength does not include 
members of the Ready Reserve called to active duty for special or 
emergency augmentation of regular Coast Guard forces for periods of 180 
days or less.
    (b) Authorized Level Of Military Training.--For fiscal year 1994, 
the Coast Guard is authorized average military training student loads 
as follows:
            (1) For recruit and special training, 1,986 student years.
            (2) For flight training, 114 student years.
            (3) For professional training in military and civilian 
        institutions, 338 student years.
            (4) For officer acquisition, 955 student years.

               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

SEC. 201. CEILING ON OFFICER CORPS.

    Subsection (a) of section 42 of title 14, United States Code, is 
amended by striking ``6,000'' and inserting ``6,200''.

SEC. 202. VOLUNTEER SERVICES.

    Section 93 of title 14, United States Code, is amended by--
            (1) striking ``and'' at the end of paragraph (r);
            (2) striking the period at the end of paragraph (s) and 
        inserting a comma; and
            (3) adding at the end the following new subsection:
    ``(t) Notwithstanding any other law, enter into cooperative 
agreements with States, local governments, nongovernmental 
organizations, and individuals, to accept and utilize voluntary 
services for the maintenance and improvement of natural and historic 
resources on, or to benefit natural and historic research on, Coast 
Guard facilities, subject to the requirement that--
            ``(1) the cooperative agreements shall each provide for the 
        parties to contribute funds or services on a matching basis to 
        defray the costs of such programs, projects, and activities 
        under the agreement; and
            ``(2) a person providing voluntary services under this 
        subsection shall not be considered a Federal employee except 
        for purposes of chapter 81 of title 5, United States Code, with 
        respect to compensation for work-related injuries, and chapter 
        171 of title 28, United States Code, with respect to tort 
        claims; and''.

SEC. 203. RESERVE RETENTION BOARDS.

    Section 741 of title 14, United States Code, is amended--
            (1) in subsection (a) in the first sentence by striking 
        ``and are not on active duty and not on an approved list of 
        selectees for promotion to the next higher grade'' and 
        inserting the following: ``, except those officers who--
            ``(1) are on extended active duty;
            ``(2) are on a list of selectees for promotion;
            ``(3) will complete 30 years total commissioned service by 
        June 30th following the date that the retention board is 
        convened; or
            ``(4) have reached age 59 by the date on which the 
        retention board is convened'';
            (2) in subsection (a) by moving the second sentence so as 
        to begin--
                    (A) immediately below paragraph (4) (as added by 
                paragraph (1) of this section); and
                    (B) flush with the left margin of the material 
                preceding paragraph (1);
            (3) by designating the third sentence of subsection (a) as 
        subsection (b) by--
                    (A) inserting ``(b)'' before ``This board shall--
                ''; and
                    (B) moving the third sentence so as to begin 
                immediately below the second sentence of subsection 
                (a); and
            (4) by redesignating the last 2 subsections as subsections 
        (c) and (d), respectively.

SEC. 204. CONTINUITY OF GRADE OF ADMIRALS AND VICE ADMIRALS.

    (a) Section 46(a) of title 14, United States Code, is amended to 
read as follows:
    ``(a) A Commandant who is not reappointed shall be retired with the 
grade of admiral at the expiration of the appointed term, except as 
provided in subsection 51(d) of this title.''.
    (b)(1) Section 47 of title 14, United States Code, is amended--
            (A) in the heading by striking ``; retirement'';
            (B) in subsection (a) by--
                    (i) striking ``(a)'' at the beginning thereof, and
                    (ii) striking the last sentence and inserting the 
                following: ``The appointment and grade of a Vice 
                Commandant shall be effective on the date the officer 
                assumes that duty, and shall terminate on the date the 
                officer is detached from that duty, except as provided 
                in subsection 51(d) of this title.''; and
            (C) by striking subsections (b), (c), and (d).
    (2) The table of sections at the beginning of chapter 3 of title 
14, United States Code, is amended by striking the item relating to 
section 47 and inserting the following:

``47. Vice Commandant; assignment.''.
    (c) Section 50(b) of title 14, United States Code, is amended by 
striking the last sentence and inserting ``The appointment and grade of 
an area commander shall be effective on the date the officer assumes 
that duty, and shall terminate on the date the officer is detached from 
that duty, except as provided in subsection 51(d) of this title.''.
    (d) Section 51 of title 14, United States Code, is amended by 
adding at the end the following new subsection:
    ``(d) An officer serving in the grade of admiral or vice admiral 
shall continue to hold that grade--
            ``(1) while being processed for physical disability 
        retirement, beginning on the day of the processing and ending 
        on the day that officer is retired, but not for more than 180 
        days; and
            ``(2) while awaiting retirement, beginning on the day that 
        officer is relieved from the position of Commandant, Vice 
        Commandant, Area Commander, or Chief of Staff and ending on the 
        day before the officer's retirement, but not for more than 60 
        days.''.

SEC. 205. CHIEF OF STAFF.

    (a) Section 41a(b) of title 14, United States Code, is amended by 
striking ``, except that the rear admiral serving as Chief of Staff 
shall be the senior rear admiral for all purposes other than pay'' at 
the end of the second sentence.
    (b)(1) Title 14, United States Code, is amended by inserting after 
section 50 the following new section:
``Sec. 50a. Chief of Staff
    ``(a) The President may appoint, by and with the advice and consent 
of the Senate, a Chief of Staff of the Coast Guard who shall rank next 
after the area commanders and who shall perform duties as prescribed by 
the Commandant. The Chief of Staff shall be appointed from the officers 
on the active duty promotion list serving above the grade of captain. 
The Commandant shall make recommendations for the appointment.
    ``(b) The Chief of Staff shall have the grade of vice admiral with 
the pay and allowances of that grade. The appointment and grade of the 
Chief of Staff shall be effective on the date the officer assumes that 
duty, and shall terminate on the date the officer is detached from that 
duty, except as provided in section 51(d) of this title.''
    (2) The table of sections at the beginning of chapter 3 of title 
14, United States Code, is amended by inserting after the item relating 
to section 50 the following:

``50a. Chief of Staff.''.
    (c) Section 51 of title 14, United States Code, is amended--
            (1) in subsection (a) by striking ``as Commander, Atlantic 
        Area, or Commander, Pacific Area'' and inserting ``in the grade 
        of vice admiral''; and
            (2) in subsection (b) by striking ``as Commander, Atlantic 
        Area, or Commander, Pacific Area'' and inserting ``in the grade 
        of vice admiral''.
    (d) Section 290 of title 14, United States Code, is amended--
            (1) in subsection (a) by striking ``or in the position of 
        Chief of Staff'' in the second sentence;
            (2) in subsection (f)(1) by striking ``Chief of Staff or''; 
        and
            (3) in subsection (f)(2) by striking ``Chief of Staff or''.

            TITLE III--MISCELLANEOUS COAST GUARD PROVISIONS

SEC. 301. NORTH ATLANTIC ROUTES.

    Sections 3 and 5 of the Act of June 25, 1936 (49 Stat. 1922, 46 
App. U.S.C. 738b and 738d), are repealed.

SEC. 302. COAST GUARD FAMILY HOUSING.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding at the end the following new section:
``Sec. 670. Procurement authority for family housing
    ``(a) The Secretary is authorized--
            ``(1) to acquire, subject to the availability of 
        appropriations sufficient to cover its full obligations, real 
        property or interests therein by purchase, lease for a term not 
        to exceed 5 years, or otherwise, for use as Coast Guard family 
        housing units, including the acquisition of condominium units, 
        which may include the obligation to pay maintenance, repair, 
        and other condominium-related fees; and
            ``(2) to dispose of by sale, lease, or otherwise, any real 
        property or interest therein used for Coast Guard family 
        housing units for adequate consideration.
    ``(b)(1) For the purposes of this section, a multiyear contract is 
a contract to lease Coast Guard family housing units for at least one, 
but not more than 5, fiscal years.
    ``(2) The Secretary may enter into multiyear contracts under 
subsection (a) of this section whenever the Coast Guard finds that--
            ``(A) the use of a contract will promote the efficiency of 
        the Coast Guard family housing program and will result in 
        reduced total costs under the contract; and
            ``(B) there are realistic estimates of both the cost of the 
        contract and the anticipated cost avoidance through the use of 
        a multiyear contract.
    ``(3) A multiyear contract authorized under subsection (a) of this 
section shall contain cancellation and termination provisions to the 
extent necessary to protect the best interests of the United States, 
and may include consideration of both recurring and nonrecurring costs. 
The contract may provide for a cancellation payment to be made. Amounts 
that were originally obligated for the cost of contract may be used for 
cancellation or termination costs.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17, United States Code, is amended by adding at the end the 
following:

``670. Procurement authority for family housing.''.

SEC. 303. AIR STATION CAPE COD IMPROVEMENTS.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding after section 670 (as added by section 302 of this 
Act) the following new section:
``Sec. 671. Air Station Cape Code improvements
    ``The Secretary may expend funds for the repair, improvement, 
restoration, or replacement of those federally or nonfederally owned 
support buildings, including appurtenances, which are on leased or 
permitted real property constituting Coast Guard Air Station Cape Cod, 
located on Massachusetts Military Reservation, Cape Cod, 
Massachusetts.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17, United States Code, is amended by adding after the item 
relating to section 670 (as added by section 302 of this Act) the 
following:

``671. Air Station Cape Cod improvements.''.

SEC. 304. LONG-TERM LEASE AUTHORITY FOR AIDS TO NAVIGATION.

    (a) Chapter 17 of title 14, United States Code, is amended by 
adding after section 671 (as added by section 303 of this Act) the 
following new section:
``Sec. 672. Long-term lease authority for navigation and communications 
              systems sites
    ``(a) The Secretary is authorized, subject to the availability of 
appropriations, to enter into lease agreements to acquire real property 
or interests therein for a term not to exceed 20 years, inclusive of 
any automatic renewal clauses, for aids to navigation (hereafter in 
this section referred to as `ATON') sites, vessel traffic service 
(hereafter in this section referred to as `VTS') sensor sites, or 
National Distress System (hereafter in this section referred to as 
`NDS') high level antenna sites. These lease agreements shall include 
cancellation and termination provisions to the extent necessary to 
protect the best interests of the United States. Cancellation payment 
provisions may include consideration of both recurring and nonrecurring 
costs associated with the real property interests under the contract. 
These lease agreements may provide for a cancellation payment to be 
made. Amounts that were originally obligated for the cost of the 
contract may be used for cancellation or termination costs.
    ``(b) The Secretary may enter into multiyear lease agreements under 
subsection (a) of this section whenever the Secretary finds that--
            ``(1) the use of such a lease agreement will promote the 
        efficiency of the ATON, VTS, or NDS programs and will result in 
        reduced total costs under the agreement;
            ``(2) the minimum need for the real property or interest 
        therein to be leased is expected to remain substantially 
        unchanged during the contemplated lease period; and
            ``(3) the estimates of both the cost of the lease and the 
        anticipated cost avoidance through the use of a multiyear lease 
        are realistic.''.
    (b) The table of sections at the beginning of chapter 17 of title 
14, United States Code, is amended by adding after the item relating to 
section 671 (as added by section 303 of this Act) the following:

``672. Long-term lease authority for navigation and communications 
                            systems sites.''.

SEC. 305. AUTHORITY FOR EDUCATIONAL RESEARCH GRANTS.

    (a) In General.--Chapter 9 of title 14, United States Code, is 
amended by adding at the end the following new section:
``Sec. 196. Participation in Federal, State, or other educational 
              research grants
    ``Notwithstanding any other provision of law, the United States 
Coast Guard Academy may compete for and accept Federal, State, or other 
educational research grants, subject to the following limitations:
            ``(1) No award may be accepted for the acquisition or 
        construction of facilities.
            ``(2) No award may be accepted for the routine functions of 
        the Academy.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 9 of title 14, United States Code, is amended by adding at the 
end the following:

``196. Participation in Federal, State, or other educational research 
                            grants.''.

SEC. 306. PREPOSITIONED OIL SPILL CLEANUP EQUIPMENT.

    The Secretary of Transportation is authorized to expend out of 
amounts appropriated for acquisition, construction, and improvement for 
fiscal year 1994--
            (1) $890,000 to acquire and preposition oil spill response 
        equipment at Port Arthur, Texas, and
            (2) $890,000 to acquire and preposition oil spill response 
        equipment at Helena, Arkansas, subject to the Secretary 
        determining that adequate storage and maintenance facilities 
        are available.

SEC. 307. SHORE FACILITIES IMPROVEMENTS AT COAST GUARD STATION LITTLE 
              CREEK, VIRGINIA.

    (a) The Secretary of Transportation, subject to the availability of 
appropriations, may at Coast Guard Station Little Creek, Virginia--
            (1) construct a 2-story station building with operational, 
        administrative, and living spaces;
            (2) construct a 180-foot long pier for Coast Guard patrol 
        boats;
            (3) construct a boat ramp; and
            (4) strengthen a waterfront bulkhead.
    (b) Funds necessary to carry out this section are authorized to be 
appropriated for fiscal year 1994.

SEC. 308. OIL SPILL TRAINING SIMULATOR.

    The Secretary of Transportation is authorized to expend out of the 
amounts appropriated for acquisition, construction, and improvement not 
more than $1,250,000 to the Maritime College of the State of New York 
to purchase a marine oil spill management simulator.

SEC. 309. TECHNICAL CLARIFICATION.

    Section 4283B of the Revised Statutes (46 App U.S.C. 183c) is 
amended by striking ``any court'' in clause (2) and inserting in lieu 
thereof ``court''.

SEC. 310. OIL SPILL PREVENTION AND RESPONSE TECHNOLOGY TEST AND 
              EVALUATION PROGRAM.

    (a) Not later than 6 months after the date of enactment of this 
Act, the Secretary of Transportation shall establish a program to 
evaluate the technological feasibility and environmental benefits of 
having tank vessels carry oil spill prevention and response technology. 
To implement the program the Secretary shall--
            (1) publish in the Federal Register an invitation for 
        submission of proposals including plans and procedures for 
        testing; and
            (2) review and evaluate technology using, to the maximum 
        extent possible, existing evaluation and performance standards.
    (b) The Secretary shall, to the maximum extent possible, 
incorporate in the program established in subsection (a), the results 
of existing studies and evaluations of oil spill prevention and 
response technology carried on tank vessels.
    (c) Not later than 2 years after the date of the enactment of this 
Act, the Secretary shall evaluate the results of the program 
established in subsection (a) and submit a report to Congress with 
recommendations on the feasibility and environmental benefits of, and 
appropriate equipment and utilization standards for, requiring tank 
vessels to carry oil spill prevention and response equipment.
    (d) Not later than 6 months after the date of the enactment of this 
Act, the Secretary shall evaluate and report to the Congress on the 
feasibility of using segregated ballast tanks for emergency transfer of 
cargo and storage of recovered oil.

SEC. 311. UNMANNED SEAGOING BARGES.

    Section 3302 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(m) A seagoing barge is not subject to inspection under section 
3301(6) of this title if the vessel is unmanned and does not carry--
            ``(1) a hazardous material as cargo; or
            ``(2) a flammable or combustible liquid, including oil, in 
        bulk.''.

SEC. 312. PROHIBITION ON DECOMMISSIONING ICEBREAKER MACKINAW.

    (a) The Secretary of transportation may not decommission the Coast 
Guard cutter MACKINAW before December 31, 1994.
    (b) There is authorized to be appropriated to the Secretary of 
Transportation $1,600,000 for fiscal year 1994, to remain available 
until expended, for operations and maintenance of the Coast Guard 
cutter MACKINAW.

SEC. 313. LOWER COLUMBIA RIVER MARINE FIRE AND SAFETY ACTIVITIES.

    The Secretary of Transportation is authorized to expend out of the 
amounts appropriated for the Coast Guard for fiscal year 1994 not more 
than $421,700, and for fiscal year 1995 not more than $358,300, for the 
lower Columbia River marine, fire, oil, and toxic spill response 
communications, training, equipment, and program administration 
activities conducted by the Marine Fire and Safety Association.

SEC. 314. CASS RIVER.

    Subtitle II of title 46, United States Code, relating only to 
vessel inspection and manning, shall not apply to a vessel operating on 
the date of enactment of this Act on the Cass River above the dam at 
Frankenmuth, Michigan (locally known as the Hubinger Dam) which is 
inspected and licensed by the State of Michigan to carry passengers.

SEC. 315. SENSE OF THE CONGRESS REGARDING FUNDING FOR COAST GUARD.

    It is the sense of the Congress that in appropriating amounts for 
the Coast Guard, the Congress should appropriate amounts adequate to 
enable the Coast Guard to carry out all extraordinary functions and 
duties the Coast Guard is required to undertake in addition to its 
normal functions established by law.

SEC. 316. COOPERATIVE AGREEMENT AUTHORITY.

    Section 93 of title 14, United States Code, as amended by section 
202 of this Act, is further amended by adding at the end the following 
new subsection:
    ``(u) enter into cooperative agreements with other Government 
agencies and the National Academy of Sciences.''.

SEC. 317. REGIONAL FISHERIES LAW ENFORCEMENT TRAINING CENTERS.

    (a) Gulf of Mexico.--The Coast Guard shall establish a Gulf of 
Mexico Regional Fisheries Law Enforcement Training Center in the Eighth 
Coast Guard District in Southeastern Louisiana.
    (b) Southeast Atlantic.--The Coast Guard shall establish a 
Southeast Regional Fisheries Law Enforcement Training Center in the 
Seventh Coast Guard District in Charleston, South Carolina.
    (c) Purpose.--The purpose of the regional fisheries law enforcement 
training centers shall be to increase the skills and training of Coast 
Guard fisheries law enforcement personnel and to ensure that such 
training considers and meets the unique and complex needs and demands 
of the fisheries of the Gulf of Mexico and the Southeast United States.

SEC. 318. NATIONAL SAFE BOATING WEEK.

    (a) The Act of June 4, 1958 (36 U.S.C. 161) is amended by striking 
``week commencing on the first Sunday in June'' and inserting ``the 
seven day period ending on the last Friday before Memorial Day''.
    (b) This section is effective January 1, 1995.

SEC. 319. LOS ANGELES-LONG BEACH VESSEL TRAFFIC SERVICE.

    The Coast Guard is authorized to provide personnel support for the 
interim vessel traffic information service in the Ports of Los Angeles 
and Long Beach operated on behalf of the State of California by the 
Marine Exchange of Los Angeles-Long Beach Harbors, Inc., a California 
nonprofit coporation (hereinafter referred to as ``Marine Exchange''). 
The Coast Guard shall be reimbursed for all costs associated with 
providing such personnel in accordance with a reimbursable agreement 
between the Coast Guard and the State of California. Amounts received 
by the Coast Guard as reimbursements for its costs shall be credited to 
the appropriation for operating expenses of the Coast Guard. The United 
States Government assumes no liability for any act or omission of any 
officer, director, employee, or representative of the Marine Exchange 
or of the State of California, arising out of the operation of the 
vessel traffic information service by the Marine Exchange, and the 
Coast Guard shall have the same protections and limitations on such 
liability as are afforded to the Marine Exchange under California law.

SEC. 320. FINANCIAL RESPONSIBILITY FOR NONPERFORMANCE.

    Section 3(b) of Public Law 89-777 (46 App. U.S.C. 817e(b)) is 
amended by striking ``and such bond or other security shall be in an 
amount paid equal to the estimated total revenue for the particular 
transportation.'' and inserting a period.

SEC. 321. FISHING AND FISH TENDER VESSELS.

    (a) In this section, ``fish tender vessel'', ``fishing vessel'', 
and ``tank vessel'' have the meanings given those terms under section 
2101 of title 46, United States Code.
    (b) A fishing vessel or fish tender vessel of not more than 750 
gross tons, when engaged only in the fishing industry, shall not be 
deemed to be a tank vessel for the purposes of any law.
    (c)(1) This section does not affect the authority of the Secretary 
of Transportation under chapter 33 of title 46, United States Code, to 
regulate the operation of the vessels listed in subsection (b) to 
ensure the safe carriage of oil and hazardous substances.
    (2) This section does not affect the requirement for fish tender 
vessels engaged in the Aleutian trade to comply with chapters 33, 45, 
51, 81, and 87 of title 46, United States Code, as provided in the 
Aleutian Trade Act of 1990 (Public Law 101-595).

SEC. 322. OIL SPILL RECOVERY OPERATIONS.

    (a) Section 8104 of title 46, United States Code, is amended--
            (1) in subsection (g), by striking ``a vessel used only to 
        respond to a discharge of oil or a hazardous substance,''; and
            (2) by adding a new subsection to read as follows:
    ``(p) On a vessel used only to respond to a discharge of oil or a 
hazardous substance, the licensed individuals and crewmembers may be 
divided into at least two watches when the vessel is engaged in an 
operation less than 12 hours in duration.''.
    (b) Section 8301 of title 46, United States Code, is amended by 
adding a new subsection to read as follows:
    ``(e) A vessel used only to respond to a discharge of oil or a 
hazardous substance shall have--
            ``(1) two licensed mates when the vessel is engaged in an 
        operation over 12 hours in duration;
            ``(2) one licensed mate when the vessel is engaged in an 
        operation less than 12 hours in duration; and
            ``(3) if the vessel is more than 200 gross tons, a licensed 
        engineer when the vessel is operating.''.

SEC. 323. LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN 
              CREWMEMBERS--ALASKA EXCEPTION.

    (a) Alaska Exception.--Section 258 of the Immigration and 
Nationality Act (8 U.S.C. 1288) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) State of Alaska Exception.--(1) Subsection (a) shall not 
apply to a particular activity of longshore work at a particular 
location in the State of Alaska if an employer of alien crewmen has 
filed an attestation with the Secretary of Labor at least 30 days 
before the date of the first performance of the activity (or anytime up 
to 24 hours before the first performance of the activity, upon a 
showing that the employer could not have reasonably anticipated the 
need to file an attestation for that location at that time) setting 
forth facts and evidence to show that--
            ``(A) the employer will make a bona fide request for United 
        States longshore workers who are qualified and available in 
        sufficient numbers to perform the activity at the particular 
        time and location from the parties to whom notice has been 
        provided under clauses (ii) and (iii) of subparagraph (D), 
        except that--
                    ``(i) whenever two or more contract stevedoring 
                companies have signed a joint collective bargaining 
                agreement with a single labor organization described in 
                subparagraph (D)(i), the employer may request longshore 
                workers from only one of such contract stevedoring 
                companies, and
                    ``(ii) a request for longshore workers to an 
                operator of a private dock may be made only for 
                longshore work to be performed at that dock and only if 
                the operator meets the requirements of section 32 of 
                the Longshoremen's and Harbor Workers' Compensation Act 
                (33 U.S.C. 932);
            ``(B) the employer will employ all those United States 
        longshore workers made available in response to the request 
        made pursuant to subparagraph (A) who are qualified and 
        available in sufficient numbers and who are needed to perform 
        the longshore activity at the particular time and location;
            ``(C) the use of alien crewmembers for such activity is not 
        intended or designed to influence an election of a bargaining 
        representative for workers in the State of Alaska; and
            ``(D) notice of the attestation has been provided by the 
        employer to--
                    ``(i) labor organizations which have been 
                recognized as exclusive bargaining representatives of 
                United States longshore workers within the meaning of 
                the National Labor Relations Act and which make 
                available or intend to make available workers to the 
                particular location where the longshore work is to be 
                performed,
                    ``(ii) contract stevedoring companies which employ 
                or intend to employ United States longshore workers at 
                that location, and
                    ``(iii) operators of private docks at which the 
                employer will use longshore workers.
    ``(2)(A) An employer filing an attestation under paragraph (1) who 
seeks to use alien crewmen to perform longshore work shall be 
responsible while the attestation is valid to make bona fide requests 
for United States longshore workers under paragraph (1)(A) and to 
employ United States longshore workers, as provided in paragraph 
(1)(B), before using alien crewmen to perform the activity or 
activities specified in the attestation, except that an employer shall 
not be required to request longshore workers from a party if that party 
has notified the employer in writing that it does not intend to make 
available United States longshore workers to the location at which the 
longshore work is to be performed.
    ``(B) If a party that has provided such notice subsequently 
notifies the employer in writing that it is prepared to make available 
United States longshore workers who are qualified and available in 
sufficient numbers to perform the longshore activity to the location at 
which the longshore work is to be performed, then the employer's 
obligations to that party under subparagraphs (A) and (B) of paragraph 
(1) shall begin 60 days following the issuance of such notice.
    ``(3)(A) In no case shall an employer filing an attestation be 
required--
            ``(i) to hire less than a full work unit of United States 
        longshore workers needed to perform the longshore activity;
            ``(ii) to provide overnight accommodations for the 
        longshore workers while employed; or
            ``(iii) to provide transportation to the place of work, 
        except where--
                    ``(I) surface transportation is available;
                    ``(II) such transportation may be safely 
                accomplished;
                    ``(III) travel time to the vessel does not exceed 
                one-half hour each way; and
                    ``(IV) travel distance to the vessel from the point 
                of embarkation does not exceed 5 miles.
    ``(B) In the cases of Wide Bay, Alaska, and Klawock/Craig, Alaska, 
the travel times and travel distances specified in subclauses (III) and 
(IV) of subparagraph (A) shall be extended to 45 minutes and 7\1/2\ 
miles, respectively, unless the party responding to the request for 
longshore workers agrees to the lesser time and distance limitations 
specified in those subclauses.
    ``(4) Subject to subparagraphs (A) and (D) of subsection (c)(4), 
attestations filed under paragraph (1) of this subsection shall--
            ``(A) expire at the end of the 1-year period beginning on 
        the date the employer anticipates the longshore work to begin, 
        as specified in the attestation filed with the Secretary of 
        Labor, and
            ``(B) apply to aliens arriving in the United States during 
        such 1-year period if the owner, agent, consignee, master, or 
        commanding officer states in each list under section 251 that 
        it continues to comply with the conditions in the attestation.
    ``(5)(A) Except as otherwise provided by subparagraph (B), 
subsection (c)(3) and subparagraphs (A) through (E) of subsection 
(c)(4) shall apply to attestations filed under this subsection.
    ``(B) The use of alien crewmen to perform longshore work in Alaska 
consisting of the use of an automated self-unloading conveyor belt or 
vacuum-actuated system on a vessel shall be governed by the provisions 
of subsection (c).
    ``(6) For purposes of this subsection--
            ``(A) the term `contract stevedoring companies' means those 
        stevedoring companies licensed to do business in the State of 
        Alaska that meet the requirements of section 32 of the 
        Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 
        932); and
            ``(B) the term `employer' includes any agent or 
        representative designated by the employer; and
            ``(C) the terms `qualified' and `available in sufficient 
        numbers' shall be defined by reference to industry standards in 
        the State of Alaska, including safety considerations.''.
    (b) Conforming Amendments.--
            (1) Section 258(a) (8 U.S.C. 1288(a)) is amended by 
        striking ``subsection (c) or subsection (d)'' and inserting 
        ``subsection (c), (d), or (e)''.
            (2) Section 258(c)(4)(A) (8 U.S.C. 1288(c)(4)(A)) is 
        amended by inserting ``or subsection (d)(1)'' after ``paragraph 
        (1)'' each of the two places it appears.
            (3) Section 258(c) (8 U.S.C. 1288(c)) is amended by adding 
        at the end the following new paragraph:
    ``(5) Except as provided in paragraph (5) of subsection (d), this 
subsection shall not apply to longshore work performed in the State of 
Alaska.''.
    (c) Implementation.--(1) The Secretary of Labor shall prescribe 
such regulations as may be necessary to carry out this section.
    (2) Attestations filed pursuant to section 258(c) (8 U.S.C. 
1288(c)) with the Secretary of Labor before the date of enactment of 
this Act shall remain valid until 60 days after the date of issuance of 
final regulations by the Secretary under this section.

SEC. 324. CAPE COD LIGHTHOUSE PLANNING AND DESIGN STUDIES.

    (a) Completion of Studies.--
            (1) Planning.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary of Transportation and the 
        Secretary of the Interior shall complete the necessary planning 
        studies, including selection of a relocation site, identified 
        in the Coast Guard's strategy document for relocation of the 
        Cape Cod Lighthouse (popularly known as the ``Highland Light 
        Station''), located in North Truro, Massachusetts.
            (2) Design.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        complete the design studies indentified in the Coast Guard's 
        strategy document for relocation of the Cape Cod Lighthouse.
    (b) Use of Amounts for Studies.--Of amounts appropriated under the 
authority of this Act for acquisition, construction, rebuilding, and 
improvement, the Secretary of Transportation may use up to $600,000 for 
conducting the studies required under subsection (a).

SEC. 325. WASHINGTON STATE LIGHTHOUSES.

    (a) Authority to Transfer.--
            (1) In general.--The Secretary may convey by any 
        appropriate means to the Washington State Parks and Recreation 
        Commission all right, title, and interest of the United States 
        in and to property comprising 1 or more of the Cape 
        Disappointment Lighthouse, North Head Lighthouse, and Point 
        Wilson Lighthouse.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine property conveyed pursuant to 
        this section.
    (b) Terms and Conditions.--
            (1) In general.--The conveyance of property pursuant to 
        subsection (a) shall be made--
                    (A) without the payment of consideration; and
                    (B) subject to such terms and conditions as the 
                Secretary may consider appropriate.
            (2) Reversionary interest.--In addition to any term or 
        condition established pursuant to paragraph (1), any conveyance 
        of property comprising Cape Disappointment Lighthouse, North 
        Head Lighthouse, or Point Wilson Lighthouse pursuant to this 
        section shall be subject to the condition that all right, 
        title, and interest in and to the property so conveyed shall 
        immediately revert to the United States if the property, or any 
        part thereof--
                    (A) ceases to be used as a center for public 
                benefit for the interpretation and preservation of 
                maritime history;
                    (B) ceases to be maintained in a manner that 
                ensures its present or future use as a Coast Guard aid 
                to navigation; or
                    (C) ceases to be maintained in a manner consistent 
                with the provisions of the National Historic 
                Preservation Act of 1966 (16 U.S.C. 470 et seq.).
            (3) Required conditions.--Any conveyance of property 
        pursuant to this section shall be made subject to such 
        conditions as the Secretary considers to be necessary to assure 
        that--
                    (A) the lights, antennas, and associated equipment 
                located on the property conveyed, which are active aids 
                to navigation, shall continue to be operated and 
                maintained by the United States;
                    (B) the Washington State Parks and Recreation 
                Commission may not interfere or allow interference in 
                any manner with such aids to navigation without express 
                written permission from the Secretary of 
                Transportation;
                    (C) there is reserved to the United States the 
                right to relocate, replace, or add any aids to 
                navigation or make any changes on any portion of such 
                property as may be necessary for navigation purposes;
                    (D) the United States shall have the right, at any 
                time, to enter such property without notice for the 
                purpose of maintaining aids to navigation;
                    (E) the United States shall have an easement of 
                access to such property for the purpose of maintaining 
                the aids to navigation in use on the property; and
                    (F) the property shall be rehabilitated and 
                maintained by the owner in accordance with the 
                provisions of the National Historic Preservation Act of 
                1966 (16 U.S.C. 470 et seq.).
            (4) Maintenance of certain equipment not required.--The 
        Washington State Parks and Recreation Commission shall not have 
        any obligation to maintain any active aid to navigation 
        equipment on property conveyed pursuant to this section.
    (c) Definitions.--For purposes of this section, the term--
            (1) ``Cape Disappointment Lighthouse'' means the Coast 
        Guard lighthouse located at Fort Canby State Park, Washington, 
        including--
                    (A) the lighthouse, excluding any lantern or lens 
                that is the personal property of the Coast Guard; and
                    (B) such land as may be necessary to enable the 
                Washington State Parks and Recreation Commission to 
                operate at that lighthouse a center for public benefit 
                for the interpretation and preservation of the maritime 
                history;
            (2) ``North Head Lighthouse'' means the Coast Guard 
        lighthouse located at Fort Canby State Park, Washington, 
        including--
                    (A) the lighthouse, excluding any lantern or lens 
                that is the personal property of the Coast Guard;
                    (B) ancillary buildings; and
                    (C) such land as may be necessary to enable the 
                Washington State Parks and Recreation Commission to 
                operate at that lighthouse a center for public benefit 
                for the interpretation and preservation of maritime 
                history;
            (3) ``Point Wilson Lighthouse'' means the Coast Guard 
        lighthouse located at Fort Worden State Park, Washington, 
        including--
                    (A) the lighthouse, excluding any lantern or lens 
                that is the personal property of the Coast Guard;
                    (B) 2 ancillary buildings; and
                    (C) such land as may be necessary to enable the 
                Washington State Parks and Recreation Commission to 
                operate at that lighthouse a center for public benefit 
                for the interpretation and preservation of maritime 
                history; and
            (4) ``Secretary'' means the Secretary of Transportation.

SEC. 326. HERON NECK LIGHTHOUSE.

    (a) Authority to Transfer.--
            (1) In general.--The Secretary of Transportation shall 
        convey by any appropriate means to the Island Institute, 
        Rockland, Maine, all right, title, and interest of the United 
        States in and to property comprising the Heron Neck Lighthouse.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine property conveyed pursuant to 
        this subsection.
    (b) Terms and Conditions.--
            (1) In general.--The conveyance of property pursuant to 
        subsection (a) shall be made--
                    (A) without payment of consideration; and
                    (B) subject to such terms and conditions as the 
                Secretary may consider appropriate.
            (2) Use of property.--The property conveyed pursuant to 
        subsection (a) may be used for educational, historic, 
        recreational, and cultural programs open to and for the benefit 
        of the general public. Theme displays, museums, gift shops, 
        open exhibits, meeting rooms, and an office and quarters for 
        personnel in connection with security and administration of the 
        property are expressly authorized. Other uses not inconsistent 
        with the foregoing uses are permitted unless the Secretary 
        shall reasonably determine that such uses are incompatible with 
        the historic nature of the property or with other provisions of 
        this section.
            (3) Revisionary interest.--In addition to any term or 
        condition established pursuant to paragraph (1), any conveyance 
        of property comprising the Heron Neck Lighthouse pursuant to 
        subsection (a) shall be subject to the condition that all 
        right, title, and interest in and to the property so conveyed 
        shall immediately revert to the United States if the property, 
        or any part thereof--
                    (A) ceases to be used as a nonprofit center for 
                educational, historic, recreational, and cultural 
                programs open to and for the benefit of the general 
                public;
                    (B) ceases to be maintained in a manner that 
                ensures its present or future use as a Coast Guard aid 
                to navigation; or
                    (C) ceases to be maintained in a manner consistent 
                with the provisions of the National Historic 
                Preservation Act of 1966 (U.S.C. 470 et seq.).
            (4) Required conditions.--Any conveyance of property 
        pursuant to this section shall be made subject to such 
        conditions as the Secretary considers to be necessary to assure 
        that--
                    (A) the light, antennas, sound signal, and 
                associated lighthouse equipment located on the property 
                conveyed, which are active aids to navigation, shall 
                continue to be operated and maintained by the United 
                States Government for as long as they are needed for 
                this purpose;
                    (B) the Island Institute may not interfere or allow 
                interference in any manner with such aids to navigation 
                without express written permission from the Secretary;
                    (C) there is reserved to the United States the 
                right to relocate, replace, or add any aids to 
                navigation or make any changes on any property as may 
                be necessary for navigation purposes;
                    (D) the United States shall have the right, at any 
                time, to enter such property without notice for the 
                purpose of maintaining aids to navigation; and
                    (E) the United States shall have an easement of 
                access to such property for the purpose of maintaining 
                the aids to navigation in use on the property.
            (5) Maintenance obligation.--The Island Institute shall not 
        have any obligation to maintain any active aid to navigation 
        equipment on property conveyed pursuant to subsection (a).
    (c) Property to be Maintained in Accordance With Certain Laws.--The 
Island Institute shall maintain the Heron Neck Lighthouse in accordance 
with the Provisions of the National Historic Preservation Act of 1966 
(16 U.S.C. et seq.) and other applicable laws.
    (d) Definitions.--For purposes of this section, the term ``Heron 
Neck Lighthouse'' means the Coast Guard lighthouse located on Green 
Island, Vinalhaven, Maine, including--
            (1) the attached keeper's dwelling, ancillary buildings, 
        and associated fog signal, and boat ramp; and
            (2) such land as may be necessary to enable the Island 
        Institute to operate at that lighthouse a nonprofit center for 
        public benefit.

SEC. 327. BURNT COAT HARBOR LIGHTHOUSE.

    (a) Authority to Transfer.--
            (1) In general.--The Secretary of Transportation shall 
        convey by any appropriate means to the Town of Swan's Island, 
        Swans Island, Maine, all right, title, and interest of the 
        United States in and to property comprising the Burnt Coat 
        Harbor Lighthouse.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine property conveyed pursuant to 
        this subsection.
    (b) Terms and Conditions.--
            (1) In general.--The conveyance of property pursuant to 
        subsection (a) shall be made--
                    (A) without payment of consideration; and
                    (B) subject to such terms and conditions as the 
                Secretary may consider appropriate.
            (2) Use of property.--The property conveyed pursuant to 
        subsection (a) may be used for educational, historic, 
        recreational, and cultural programs open to and for the benefit 
        of the general public. Theme displays, museums, gift shops, 
        open exhibits, meeting rooms, and an office and quarters for 
        personnel in connection with security and administration of the 
        property are expressly authorized. Other uses not inconsistent 
        with the foregoing uses are permitted unless the Secretary 
        shall reasonably determine that such uses are incompatible with 
        the historic nature of the property or with other provisions of 
        this section.
            (3) Reversionary interest.--In addition to any term or 
        condition established pursuant to paragraph (1), any conveyance 
        of property comprising the Heron Neck Lighthouse pursuant to 
        subsection (a) shall be subject to the condition that all 
        right, title, and interest in and to the property so conveyed 
        shall immediately revert to the United States if the property, 
        or any part thereof--
                    (A) ceases to be used as a nonprofit center for 
                public benefit for the interpretation and preservation 
                of the material culture of the United States Coast 
                Guard and the maritime history of the State of Maine;
                    (B) ceases to be maintained in a manner that 
                ensures its present or future use as a Coast Guard aid 
                to navigation; or
                    (C) ceases to be maintained in a manner consistent 
                with the provisions of the National Historic 
                Preservation Act of 1966 (U.S.C. 470 et seq.).
            (4) Required conditions.--Any conveyance of property 
        pursuant to this section shall be made subject to such 
        conditions as the Secretary considers to be necessary to assure 
        that--
                    (A) the light, antennas, sound signal, and 
                associated lighthouse equipment located on the property 
                conveyed, which are active aids to navigation, shall 
                continue to be operated and maintained by the United 
                States Government for as a long as they are needed for 
                this purpose;
                    (B) the Town of Swan's Island may not interfere or 
                allow interference in any manner with such aids to 
                navigation without express written permission from the 
                Secretary;
                    (C) there is reserved to the United States the 
                right to relocate, replace, or add any aids to 
                navigation or make any changes on any property as may 
                be necessary for navigation purposes;
                    (D) the United States shall have the right, at any 
                time, to enter such property without notice for the 
                purpose of maintaining aids to navigation; and
                    (E) the United States shall have an easement of 
                access to such property for the purpose of maintaining 
                the aids to navigation in use on the property.
            (5) Maintenance obligation.--The Town of Swan's Island 
        shall not have any obligation to maintain any active aid to 
        navigation equipment on property conveyed pursuant to 
        subsection (a).
    (c) Property to be Maintained in Accordance with Certain Laws.--The 
Town of Swan's Island shall maintain the Burnt Coat Harbor Lighthouse 
in accordance with the Provisions of the National Historic Preservation 
Act of 1966 (16 U.S.C. et seq.) and other applicable laws.
    (d) Definitions.--For purposes of this section, the term ``Burnt 
Coat Harbor Lighthouse'' means the Coast Guard lighthouse located on 
Swans Island, Maine, including the keeper's dwelling, oil house, bell 
tower and such lands as may be necessary to enable the Swan's Island 
Educational Society to operate at the lighthouse a nonprofit center for 
public benefit.

                   TITLE IV--EMPLOYMENT AND DISCHARGE

SEC. 401. SHIPPING ARTICLES AGREEMENTS.

    Section 10302 of title 46, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) The owner, charterer, managing operator, master, or 
individual in charge shall make a shipping agreement in writing with 
each seaman before the seaman commences employment.''; and
            (2) by adding at the end the following new subsections:
    ``(c) Each shipping agreement must be signed by the master or 
individual in charge or a representative of the owner, charterer, or 
managing operator, and by each seaman employed.
    ``(d) The owner, charterer, managing operator, master, or 
individual in charge shall maintain the shipping agreement and make the 
shipping agreement available to the seaman.''.

SEC. 402. FORM OF AGREEMENTS.

    Section 10304 of title 46, United States Code, is amended by 
striking ``Shipping commissioner's signature or initials'' from the 
form.

SEC. 403. MANNER OF SIGNING AGREEMENTS.

    Section 10305 of title 46, United States Code, is amended--
            (1) in subsection (a)(2), by striking ``a shipping 
        commissioner'' and inserting in lieu thereof ``the master or 
        individual in charge'';
            (2) by striking ``(a)''; and
            (3) by striking subsections (b) and (c).

SEC. 404. EXHIBITING MERCHANT MARINERS' DOCUMENTS.

    Section 10306 of title 46, United States Code, is amended by 
striking ``shipping commissioner'' and inserting in lieu thereof 
``master or individual in charge''.

SEC. 405. REPEAL OF PENALTY FOR FAILURE TO POST AGREEMENT.

    Section 10307 of title 46, United States Code, is amended by 
striking the last sentence.

SEC. 406. REPEAL OF PENALTY RELATING TO ENGAGING SEAMEN OUTSIDE UNITED 
              STATES.

    Section 10308 of title 46, United States Code, is amended by 
striking ``(a)'' and by striking subsection (b).

SEC. 407. REPEAL OF PENALTY RELATING TO ENGAGING REPLACEMENT SEAMEN; 
              APPLICATION OF REQUIREMENTS.

    Section 10309 of title 46, United States Code, is amended by 
striking subsection (b) and redesignating subsection (c) as subsection 
(b).

SEC. 408. ACCOUNTING OF WAGES AND DEDUCTIONS AT PAYOFF OR DISCHARGE.

    Section 10310 of title 46, United States Code, is amended by 
striking ``or a shipping commissioner'' in the first sentence and by 
striking the last sentence.

SEC. 409. CERTIFICATES OF DISCHARGE.

    Section 10311 of title 46, United States Code, is amended--
            (1) in subsection (a), by striking ``shipping 
        commissioner'' and inserting in lieu thereof ``master or 
        individual in charge'';
            (2) in subsection (b), by striking the last sentence and 
        inserting in lieu thereof ``The certificate shall be signed by 
        the master and the seaman.'';
            (3) in subsection (d)(1), by striking ``Secretary'' and 
        inserting in lieu thereof ``owner, charterer, managing 
        operator, master, or individual in charge''; and
            (4) in subsection (d)(2), by striking ``at a cost 
        prescribed by regulation'' and inserting in lieu thereof ``at 
        the request of the seaman''.

SEC. 410. SETTLEMENTS ON DISCHARGE.

    Section 10312 of title 46, United States Code, is amended to read 
as follows:
``Sec. 10312. Settlements on discharge
    ``When discharge and settlement are completed, the master, 
individual in charge, or owner and each seaman shall sign the agreement 
required by section 10302 of this title.''.

SEC. 411. RECORDS OF SEAMEN.

    Section 10320 of title 46, United States Code, is amended to read 
as follows:
``Sec. 10320. Records of seamen
    ``The Secretary shall prescribe regulations requiring vessel owners 
to maintain records of seamen on matters of engagement, discharge, and 
service. A vessel owner shall make these records available to the 
seaman and the Coast Guard on request.''.

SEC. 412. GENERAL PENALTY.

    Section 10321 of title 46, United States Code, is amended to read 
as follows:
``Sec. 10321. General penalty
    ``(a) A person violating any provision of this chapter or a 
regulation prescribed under this chapter is liable to the United States 
Government for a civil penalty of not more than $5,000.
    ``(b) The vessel is liable in rem for any penalty assessed under 
this section.''.

SEC. 413. SHIPPING ARTICLES AGREEMENTS.

    Section 10502 of title 46, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) The owner, charterer, managing operator, master, or 
individual in charge shall make a shipping agreement in writing with 
each seaman before the seaman commences employment.''.
            (2) by adding at the end the following new subsections:
    ``(d) Each shipping agreement must be signed by the master or 
individual in charge or a representative of the owner, charterer, or 
managing operator, and by each seaman employed.
    ``(e) The owner, charterer, managing operator, master, or 
individual in charge shall maintain the shipping agreement and make the 
shipping agreement available to the seaman.
    ``(f) The Secretary shall prescribe regulations requiring shipping 
companies to maintain records of seamen on matters of engagement, 
discharge, and service. The shipping companies shall make these records 
available to the seaman and the Coast Guard on request.''.

SEC. 414. ADVANCES.

    Section 10505 of title 46, United States Code, is amended--
            (1) in subsection (a)(2), by striking ``$100'' and 
        inserting in lieu thereof ``$5,000''; and
            (2) in subsection (b), by striking ``$500'' and inserting 
        in lieu thereof ``$5,000''.

SEC. 415. DUTIES OF SHIPPING COMMISSIONERS.

    (a) Repeal.--Section 10507 of title 46, United States Code, is 
repealed.
    (b) Conforming Amendment.--The analysis at the beginning of chapter 
105 of title 46, United States Code, is amended by striking the item 
relating to section 10507.

SEC. 416. GENERAL PENALTIES.

    Section 10508(b) is amended by striking ``$20'' and inserting in 
lieu thereof ``not more than $5,000''.

SEC. 417. GENERAL REPORT REQUIREMENT.

    Section 10103(a) of title 46, United States Code, is amended--
            (1) by striking ``without a shipping commissioner being 
        present''; and
            (2) by inserting ``to the vessel owner'' immediately after 
        ``shall submit reports''.

SEC. 418. PROCEDURES OF MASTERS REGARDING SEAMAN'S EFFECTS.

    Section 10703 of title 46, United States Code, is amended--
            (1) in subsection (a), by striking ``by regulations 
        prescribed by the Secretary'' and inserting in lieu thereof 
        ``in section 10706 of this title'';
            (2) in subsection (b), by striking ``as prescribed by 
        regulations'' and inserting in lieu thereof ``to a district 
        court of the United States''; and
            (3) in subsection (c), by striking ``subsection (a) of this 
        section'' and inserting in lieu thereof ``section 10706 of this 
        title''.

SEC. 419. SEAMEN DYING IN UNITED STATES.

    Section 10706 of title 46, United States Code, is amended by 
striking at the end ``as provided by regulations prescribed by the 
Secretary.'' and inserting in lieu thereof ``to a district court of the 
United States within one week of the seaman's death. If the seaman's 
death occurs at sea, such money, property, or wages shall be delivered 
to a district court or a consular officer within one week of the 
vessel's arrival at the first port call after the seaman's death.''.

SEC. 420. DELIVERY TO DISTRICT COURT.

    (a) Repeal.--Section 10707 of title 46, United States Code, is 
repealed.
    (b) Amendment to Chapter Analysis.--The analysis at the beginning 
of chapter 107 of title 46, United States Code, is amended by striking 
the item relating to section 10707.

SEC. 421. DISPOSAL OF FORFEITURES.

    Section 11505 of title 46, United States Code, is amended--
            (1) in subsection (a), by striking the last sentence and 
        inserting in lieu thereof ``The balance shall be transferred to 
        the appropriate district court of the United States when the 
        voyage is completed.''; and
            (2) in subsection (b), by striking the first sentence.

SEC. 422. CONFORMING AMENDMENTS.

    (a) Duties of Masters.--Section 10702(b) of title 46, United States 
Code, is amended by striking ``a shipping commissioner'' and inserting 
in lieu thereof ``the consular officer or court clerk''.
    (b) Complaints of Unfitness.--Section 10902(b) of title 46, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``Secretary,'' immediately after 
                ``The complaint may be made to the'';
                    (B) by striking ``Coast Guard shipping 
                commissioner,''; and
            (2) in paragraphs (2) and (3), by striking ``The officer, 
        commissioner,'' each place it appears and inserting in lieu 
        thereof ``The Secretary, officer,''.
    (c) Shipping Commissioner Designations and Duties.--(1) Section 
10102 of title 46, United States Code, is repealed.
    (2) The analysis at the beginning of chapter 101 is amended by 
striking the item relating to section 10102.

                    TITLE V--PASSENGER VESSEL SAFETY

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Passenger Vessel Safety Act of 
1993''.

SEC. 502. PASSENGER.

    Section 2101(21) of title 46, United States Code, is amended to 
read as follows:
            ``(21) `passenger'--
                    ``(A) means an individual carried on the vessel 
                except--
                            ``(i) the owner or an individual 
                        representative of the owner or, in the case of 
                        a vessel under charter, an individual charterer 
                        or individual representative of the charterer;
                            ``(ii) the master; or
                            ``(iii) a member of the crew engaged in the 
                        business of the vessel who has not contributed 
                        consideration for carriage and who is paid for 
                        on board services.
                    ``(B) on an offshore supply vessel, means an 
                individual carried on the vessel except--
                            ``(i) an individual included in clause (i), 
                        (ii), or (iii) of subparagraph (A) of this 
                        paragraph;
                            ``(ii) an employee of the owner, or of a 
                        subcontractor to the owner, engaged in the 
                        business of the owner;
                            ``(iii) an employee of the charterer, or of 
                        a subcontractor to the charterer, engaged in 
                        the business of the charterer; or
                            ``(iv) an individual employed in a phase of 
                        exploration, exploitation, or production of 
                        offshore mineral or energy resources served by 
                        the vessel.
                    ``(C) on fishing vessel, fish processing vessel, or 
                fish tender vessel, means an individual carried on the 
                vessel except--
                            ``(i) an individual included in clause (i), 
                        (ii), or (iii) of subparagraph (A) of this 
                        paragraph;
                            ``(ii) a managing operator;
                            ``(iii) an employee of the owner, or of a 
                        subcontractor to the owner, engaged in the 
                        business of the owner;
                            ``(iv) an employee of the charterer, or of 
                        a subcontractor to the charterer, engaged in 
                        the business of the charterer; or
                            ``(v) an observer or sea sampler on board 
                        the vessel pursuant to a requirement of State 
                        or Federal law.
                    ``(D) on a sailing school vessel, means an 
                individual carried on the vessel except--
                            ``(i) an individual included in clause (i), 
                        (ii), or (iii) of subparagraph (A) of this 
                        paragraph;
                            ``(ii) an employee of the owner of the 
                        vessel engaged in the business of the owner, 
                        except when the vessel is operating under a 
                        demise charter;
                            ``(iii) an employee of the demise charterer 
                        of the vessel engaged in the business of the 
                        demise charterer; or
                            ``(iv) a sailing school instructor or 
                        sailing school student.''.

SEC. 503. PASSENGER VESSEL.

    Section 2101(22) of title 46, United States Code, is amended to 
read as follows:
            ``(22) `passenger vessel' means vessel of at least 100 
        gross tons--
                    ``(A) carrying more than 12 passengers, including 
                at least one passenger for hire;
                    ``(B) that is chartered and carrying more than 12 
                passengers; or
                    ``(C) that is a submersible vessel carrying at 
                least one passenger for hire.''.

SEC. 504. SMALL PASSENGER VESSEL.

    Section 2101(35) of title 46, United States Code, is amended to 
read as follows:
            ``(35) `small passenger vessel' means a vessel of less than 
        100 gross tons--
                    ``(A) carrying more than 6 passengers, including at 
                least one passenger for hire;
                    ``(B) that is chartered with the crew provided or 
                specified by the owner or the owner's representative 
                and carrying more than 6 passengers;
                    ``(C) that is chartered with no crew provided or 
                specified by the owner or the owner's representative 
                and carrying more than 12 passengers; or
                    ``(D) that is a submersible vessel carrying at 
                least one passenger for hire.''.

SEC. 505. UNINSPECTED PASSENGER VESSEL.

    Section 2101(42) of title 46, United States Code, is amended to 
read as follows:
            ``(42) `uninspected passenger vessel' means an uninspected 
        vessel--
                    ``(A) of at least 100 gross tons--
                            ``(i) carrying not more than 12 passengers, 
                        including at least one passenger for hire; or
                            ``(ii) that is chartered with the crew 
                        provided or specified by the owner or the 
                        owner's representative and carrying not more 
                        than 12 passengers; and
                    ``(B) of less than 100 gross tons--
                            ``(i) carrying not more than 6 passengers, 
                        including at least one passenger for hire; or
                            ``(ii) that is chartered with the crew 
                        provided or specified by the owner or the 
                        owner's representative and carrying not more 
                        than 6 passengers.''.

SEC. 506. PASSENGER FOR HIRE.

    Section 2101 of title 46, United States Code, is amended by 
inserting between paragraphs (21) and (22) a new paragraph (21a) to 
read as follows:
            ``(21a) `passenger for hire' means a passenger for whom 
        consideration is contributed as a condition of carriage on the 
        vessel, whether directly or indirectly flowing to the owner, 
        charterer, operator, agent, or any other person having an 
        interest in the vessel.''.

SEC. 507. CONSIDERATION.

    Section 2101 of title 46, United States Code, is amended by 
inserting between paragraphs (5) and (6) a new paragraph (5a) to read 
as follows:
            ``(5a) `consideration' means an economic benefit, 
        inducement, right, or profit including pecuniary payment 
        accruing to an individual, person, or entity, but not including 
        a voluntary sharing of the actual expenses of the voyage, by 
        monetary contribution or donation of fuel, food, beverage, or 
        other supplies.''.

SEC. 508. OFFSHORE SUPPLY VESSEL.

    Section 2101(19) of title 46, United States Code, is amended by 
inserting ``individuals in addition to the crew,'' immediately after 
``supplies,'' and by striking everything after ``resources'' to the 
period at the end.

SEC. 509. SAILING SCHOOL VESSEL.

    Section 2101(30) of title 46, United States Code, is amended in 
subparagraph (B) by striking ``at least 6'' and substituting ``more 
than 6''.

SEC. 510. SUBMERSIBLE VESSEL.

    Section 2101 of title 46, United States Code, is amended by 
inserting between paragraphs (37) and (38) a new paragraph (37a) to 
read as follows:
            ``(37a) `submersible vessel' means a vessel that is capable 
        of operating below the surface of the water.''.

SEC. 511. GENERAL PROVISION.

    (a) Section 2113 of title 46, United States Code, is amended to 
read as follows:
``Sec. 2113. Authority to exempt certain vessels
    ``If the Secretary decides that the application of a provision of 
part B, C, F, or G of this subtitle is not necessary in performing the 
mission of the vessel engaged in excursions or an oceanographic 
research vessel, or not necessary for the safe operation of certain 
vessels carrying passengers, the Secretary by regulation may--
            ``(1) for a vessel, issue a special permit specifying the 
        conditions of operation and equipment;
            ``(2) exempt an oceanographic research vessel from that 
        provision under conditions the Secretary may specify;
            ``(3) establish different operating and equipment 
        requirements for vessels defined in section 2101(42)(A) of this 
        title;
            ``(4) establish different structural fire protection, 
        manning, operating, and equipment requirements for vessels of 
        at least 100 gross tons but less than 300 gross tons carrying 
        not more than 150 passengers on domestic voyages if the owner 
        of the vessel--
                    ``(A) makes application for inspection to the Coast 
                Guard within 6 months of the date of enactment of the 
                Passenger Vessel Safety Act of 1993; and
                    ``(B) provides satisfactory documentation that the 
                vessel was chartered at least once within the previous 
                12 months prior to the date of enactment of that Act; 
                and
            ``(5) establish different structural fire protection, 
        manning, operating, and equipment requirements for former 
        public vessels of the United States of at least 100 gross tons 
        but less than 500 gross tons, carrying not more than 150 
        passengers on domestic voyages, if the owner of the vessel--
                    ``(A) makes application for inspection to the Coast 
                Guard within 6 months of the date of enactment of the 
                Passenger Vessel Safety Act of 1993; and
                    ``(B) provides satisfactory documentation that the 
                vessel was chartered at least once within the previous 
                12 months prior to the date of enactment of that 
                Act.''.
    (b) Section 4105 of title 46, United States Code, is amended--
            (1) by inserting ``(a)'' before the text; and
            (2) by adding a new subsection (b) to read as follows:
    ``(b) Within twenty-four months of the date of enactment of this 
subsection, the Secretary shall, by regulation, require certain 
additional equipment which may include liferafts or other lifesaving 
equipment, construction standards, or specify additional operating 
standards for those uninspected passenger vessels defined in section 
2101(42)(A) of this title.''.

SEC. 512. EQUIPMENT AND STANDARDS FOR CERTAIN PASSENGER VESSELS.

    (a) Section 3306 of title 46, United States Code, is amended by 
adding at the end of the following new subsections:
    ``(h) The Secretary shall establish appropriate structural fire 
protection, manning, operating, and equipment requirements for vessels 
of at least 100 gross tons but less than 300 gross tons carrying not 
more than 150 passengers on domestic voyages, which meet the 
eligibility criteria of section 2113(4) of this title.
    ``(i) The Secretary shall establish appropriate structural fire 
protection, manning, operating, and equipment requirements for former 
public vessels of the United States of at least 100 gross tons but less 
than 500 gross tons carrying not more than 150 passengers on domestic 
voyages, which meet the eligibility criteria of section 2113(5) of this 
title.''.
    (b) The Secretary of Transportation shall, within twenty-four 
months of the date of enactment of this Act, prescribe regulations 
establishing the structural fire protection, manning, operating, and 
equipment requirements for vessels which meet the requirements of 
subsections (h) and (i) of section 3306 of title 46, United States 
Code, as amended by this Act.
    (c) Before the Secretary of Transportation prescribes regulations 
under subsections (h) and (i) of section 3306 of title 46, United 
States Code, as amended by this Act, the Secretary may prescribe the 
route, service, manning, and equipment for those vessels based on 
existing passenger vessel and small passenger vessel regulations.

SEC. 513. APPLICABILITY DATE FOR REVISED REGULATIONS.

    (a) Applicability Date for Certain Chartered Vessels.--Revised 
regulations governing small passenger vessels and passenger vessels (as 
the definitions of those terms in section 2101 of title 46, United 
States Code, are amended by this Act) shall not, before the date that 
is 6 months after the date of enactment of this Act apply to such 
vessels when chartered with no crew provided.
    (b) Extension of Period.--The Secretary of the department in which 
the Coast Guard is operating shall extend for up to 30 additional 
months or until issuance of a certificate of inspection, whichever 
occurs first, the period of inapplicability specified in subsection (a) 
if the owner of the vessel concerned carries out the provisions of 
subsection (c) to the satisfaction of the Secretary.
    (c) Conditions for Extension.--To receive an extension authorized 
by subsection (b), the owner of the vessel shall--
            (1) make application for inspection with the Coast Guard 
        within 6 months after the date of enactment of this Act;
            (2) make the vessel available for examination by the Coast 
        Guard prior to the carriage of passengers;
            (3)(A) correct especially any hazardous conditions 
        involving the vessel's structure, electrical system, and 
        machinery installation, such as (i) grossly inadequate, 
        missing, unsound, or severely deteriorated frames or major 
        structural members; (ii) wiring systems or electrical 
        appliances without proper grounding or overcurrent protection; 
        and (iii) significant fuel or exhaust system leaks;
            (B) equip the vessel with lifesaving and fire fighting 
        equipment, or the portable equivalent, required for the route 
        and number of persons carried; and
            (C) verify through stability tests, calculations, or other 
        practical means (which may include a history of safe 
        operations) that the vessel's stability is satisfactory for the 
        size, route, and number of passengers; and
            (4) develop a work plan approved by the Coast Guard to 
        complete in a good faith effort all requirements necessary for 
        issuance of a certificate of inspection as soon as practicable.
    (d) Operation of Vessel During Extension Period.--The owner of a 
vessel receiving an extension under this section shall operate the 
vessel under the conditions of route, service, number of passengers, 
manning, and equipment as may be prescribed by the Coast Guard for the 
extension period.

                   TITLE VI--DOCUMENTATION OF VESSELS

SEC. 601. DOCUMENTATION OF VESSELS.

    (a) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and 
section 12106 of title 46, United States Code, the Secretary of 
Transportation may issue certificates of documentation with a coastwise 
endorsement for the following vessels:
            (1) ABORIGINAL (United States official number 942118).
            (2) AFTERSAIL (United States official number 689427).
            (3) ALEXANDRIA (United States official number 586490).
            (4) AMANDA (Michigan registration number MC-1125-FR).
            (5) ARBITRAGE II (United States official number 962861).
            (6) ARIEL (United States official number 954762).
            (7) BRANDARIS (former United States official number 
        263174).
            (8) COMPASS ROSE (United States official number 695865).
            (9) DIXIE (United States official number 513159).
            (10) ELISSA (United States official number 697285).
            (11) EMERALD PRINCESS (former United States official number 
        530095).
            (12) ENTERPRISE (United States official number 692956).
            (13) EUROPA STAR (former United States official number 
        588270).
            (14) EUROPA SUN (former United States official number 
        596656).
            (15) GAZELA OF PHILADELPHIA (Pennsylvania registration 
        number PA-4339-AF).
            (16) GUSTO (United States official number 624951).
            (17) GRAY (Connecticut registration number CT-5944-AJ).
            (18) GRIZZLY PROCESSOR (Canadian official number 369183).
            (19) GYPSY COWBOY (United States official number 550771).
            (20) IMPATIENT LADY (United States official number 553952).
            (21) INTREPID DRAGON II (United States official number 
        548109).
            (22) ISLAND GIRL (United States official number 674840).
            (23) JULIET (Michigan registration number MC-1669-LM).
            (24) KALENA (Hawaii registration number HA-1923-E).
            (25) LAURISA (United States official number 924052).
            (26) LIBBY ROSE (United States official number 236976).
            (27) LISERON (United States official number 971339).
            (28) MARINE STAR (United States official number 248329).
            (29) MARINER (United States official number 285452).
            (30) MARY B (Kentucky registration number KY-0098-HX).
            (31) MOONSHINE (United States official number 974226).
            (32) MYSTIQUE (United States official number 921194).
            (33) NORTHERN LIGHT (United States official number 237510).
            (34) PAI NUI (Hawaii registration number HA-6949-D).
            (35) PANDACEA (United States official number 665892).
            (36) PELICAN (United States official number 234959).
            (37) PLAY PRETTY (United States official number 975346).
            (38) PRINCE OF TIDES II (United States official number 
        903858).
            (39) RANGOON RUBY (Hawaii registration number HA-5636-B).
            (40) RBOAT (United States official number 563955).
            (41) SABLE (Massachusetts registration number MS-1841-AM).
            (42) SERENA (United States official number 965317).
            (43) SHILOH (United States official number 902675).
            (44) SIDEWINDER (United States official number 991719).
            (45) SWELL DANCER (United States official number 622046).
            (46) TESSA (United States official number 675130).
            (47) TOP DUCK (United States official number 990973).
            (48) VIKING (United States official number 286080).
            (49) WHIT CON TIKI (United States official number 663823).
    (b) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883) or any other law restricting a foreign-flag vessel 
from operating in the coastwise trade, the foreign-flag vessel H851 may 
engage in the coastwise trade to transport an offshore drilling 
platform jacket from a place near Aransas Pass, Texas, to a site on the 
Outer Continental Shelf known as Viosca Knoll 989.
    (c) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and 
sections 12106 and 12107 of title 46, United States Code, the Secretary 
of Transportation may issue certificates of documentation with a 
coastwise and Great Lakes endorsement for the vessels LADY CHARL II 
(United States official number 541399) and LINETTE (United States 
official number 654318).
    (d) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and 
section 12106 of title 46, United States Code, the Secretary of 
Transportation may issue a certificate of documentation with a 
coastwise endorsement for the vessel M/V TWIN DRILL (Panama official 
number 8536-PEXT-2) if--
            (1) the vessel undergoes a major conversion (as defined in 
        section 2101 of title 46, United States Code) in a United 
        States shipyard;
            (2) the cost of the major conversion is more than three 
        times the purchase value of the vessel before the major 
        conversion;
            (3) the major conversion is completed and the vessel is 
        documented under chapter 121 of title 46, United States Code, 
        with a coastwise endorsement before June 30, 1995;
            (4) the person documenting the vessel contracts with a 
        United States shipyard to construct an additional vessel of 
        equal or greater capacity within 12 months of the date of 
        enactment of this Act, for delivery within 36 months of the 
        date of such contract;
            (5) the additional vessel is documented under chapter 121 
        of title 46, United States Code immediately after it is 
        constructed.
    (e) Notwithstanding sections 12106 and 12108 of title 46, United 
States Code, the act of June 19, 1886 (46 App. U.S.C. 289), and section 
27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the Secretary 
of Transportation may issue a certificate of documentation with a 
coastwise and fishery endorsement for the vessel REEL CLASS (Hawaii 
registration number HA-6566-E).
    (f) Notwithstanding section 12108 of title 46, United States Code, 
the Secretary of Transportation may issue a certificate of 
documentation with a fishery endorsement for the vessel DA WARRIOR 
(United States official number 962231).
    (g) Notwithstanding any other law or any agreement with the United 
States Government, the vessels UST ATLANTIC (United States official 
number 601437) and UST PACIFIC (United States official number 613131) 
may be sold to a person that is not a citizen of the United States and 
transferred to or placed under a foreign registry.
    (h) Notwithstanding any other law, the vessel AMY CHOUEST (United 
States official number 995631) is deemed to be less than 500 gross 
tons, as measured under chapter 145 of title 46, United States Code, 
for purposes of the maritime laws of the United States.
    (i) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and 
section 12106 of title 46, United States Code, the Secretary of 
Transportation may issue a certificate of documentation for the 
following vessels:
            (1) PRINCESS XANADU OF MONACO (United States official 
        number 660847).
            (2) INSPIRATION (United States official number 277099).
            (3) VENUS (United States official number 547419).
            (4) LATER (United States official number 615732).
            (5) MATCH MAKER (United States official number 908725).

              TITLE VII--MISCELLANEOUS FISHERY PROVISIONS

SEC. 701. GOVERNING INTERNATIONAL FISHERIES AGREEMENT.

    The Agreement between the Government of the United States of 
America and the Government of the Russian Federation on Mutual 
Fisheries Relations which was entered into on May 31, 1988, and which 
expired by its terms on October 28, 1993, may be brought into force 
again for the United States through an exchange of notes between the 
United States of America and the Russian Federation and may remain in 
force and effect on the part of the United States until May 1, 1994, 
and may be amended or extended by a subsequent agreement to which 
section 203 of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1823) applies.

SEC. 702. SHRIMP TRAWL FISHERY.

    Section 304(g)(6)(B) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1854(g)(6)(B)) is amended by striking 
``January 1, 1994'' and inserting ``April 1, 1994''.

SEC. 703. INTERNATIONAL FISHERY CONSERVATION IN THE CENTRAL BERING SEA.

    It is the sense of the Congress that--
            (1) the United States should take appropriate measures to 
        conserve the resources of the Doughnut Hole, a small enclave of 
        international waters in the central Bering Sea, encircled by 
        the Exclusive Economic Zones of the United States and the 
        Russian Federation;
            (2) the United States should continue its pursuit of an 
        international agreement, consistent with its rights as a 
        coastal state, to ensure proper management for future 
        commercial viability of these natural resources;
            (3) the United States, working closely with the Russian 
        Federation should, in accordance with international law and 
        through multilateral consultations or through other means, 
        promote effective international programs for the implementation 
        and enforcement of regulations of the fisheries by those 
        nations that fish in the Doughnut Hole;
            (4) the United States nonetheless should be mindful of its 
        management responsibility in this regard and of its rights in 
        accordance with international law to fully utilize the stock 
        within its own exclusive economic zone;
            (5) the United States should accept as an urgent duty the 
        need to conserve for future generations the Aleutian Basin 
        pollock stock and should carry out that duty by taking all 
        necessary measures, in accordance with international law; and
            (6) the United States should foster further multilateral 
        cooperation leading to international consensus on management of 
        the Donut Hole resources through the fullest use of diplomatic 
        channels and appropriate domestic and international law and 
        should explore all other available options and means for 
        conservation and management of these living marine resources.

SEC. 704. NOAA FACILITIES IN KODIAK.

    (a) Notwithstanding any other provision of law, the Secretary of 
Commerce may enter into an agreement with the University of Alaska 
under the University may contract for the engineering and design 
specifications of a facility on Near Island in Kodiak, Alaska, that 
meets the long-term space needs of National Oceanic and Atmospheric 
Administration personnel currently located in Alaska.
    (b) The Secretary may transfer available funds to the University of 
Alaska to pay for such engineering and design work if additional funds 
in an equal or greater amount are made available from non-federal 
sources for such work.

                 TITLE VIII--ATLANTIC COASTAL FISHERIES

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Atlantic Coastal Fisheries 
Cooperative Management Act''.

SEC. 802. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) Coastal fishery resources that migrate, or are widely 
        distributed, across the jurisdictional boundaries of two or 
        more of the Atlantic States and of the Federal Government are 
        of substantial commercial and recreational importance and 
        economic benefit to the Atlantic Coastal region and the Nation.
            (2) Increased fishing pressure, environmental pollution and 
        the loss and alteration of habitat have reduced severely 
        certain Atlantic Coastal fishery resources.
            (3) Because no single governmental entity has exclusive 
        management authority for Atlantic coastal fishery resources, 
        harvesting of such resources is frequently subject to 
        disparate, inconsistent, and intermittent State and Federal 
        regulation that has been detrimental to the conservation and 
        sustainable use of such resources and to the interests of 
        fishermen and the Nation as a whole.
            (4) The responsibility for managing Atlantic coastal 
        fisheries rests with the States, which carry out a cooperative 
        program of fishery oversight and management through the 
        Atlantic States Marine Fisheries Commission. It is the 
        responsibility of the Federal Government to support such 
        cooperative interstate management of coastal fishery resources.
            (5) The failure by one or more Atlantic States to fully 
        implement a coastal fishery management plan can affect the 
        status of Atlantic coastal fisheries, and can discourage other 
        States from fully implementing coastal fishery management 
        plans.
            (6) It is in the national interest to provide for more 
        effective Atlantic State fishery resource conservation and 
        management.
    (b) Purpose.--The purpose of this title is to support and encourage 
the development, implementation, and enforcement of effective 
interstate conservation and management of Atlantic coastal fishery 
resources.

SEC. 803. DEFINITIONS.

    In this title, the following definitions apply:
            (1) The term ``coastal fishery management plan'' means a 
        plan for managing a coastal fishery resource, or an amendment 
        to such plan, prepared and adopted by the Commission, that--
                    (A) contains information regarding the status of 
                the resource and related fisheries;
                    (B) specifies conservation and management actions 
                to be taken by the States; and
                    (C) recommends actions to be taken by the Secretary 
                in the exclusive economic zone to conserve and manage 
                the fishery.
            (2) The term ``coastal fishery resource'' means any 
        fishery, any species of fish, or any stock of fish that moves 
        among, or is broadly distributed across, waters under the 
        jurisdiction of two or more States or waters under the 
        jurisdiction of one or more States and the exclusive economic 
        zone.
            (3) The term ``Commission'' means the Atlantic States 
        Marine Fisheries Commission established under the interstate 
        compact consented to and approved by the Congress in Public 
        Laws 77-539 and 81-721.
            (4) The term ``conservation'' means the restoring, 
        rebuilding, and maintaining of any coastal fishery resource and 
        the marine environment, in order to assure the availability of 
        coastal fishery resources on a long-term basis.
            (5) The term ``Councils'' means Regional Fishery Management 
        Councils established under section 302 of the Magnuson Fishery 
        Conservation and Management Act (16 U.S.C. 1852).
            (6) The term ``exclusive economic zone'' means the 
        exclusive economic zone of the United States established by 
        Proclamation Number 5030, dated March 10, 1983. For the 
        purposes of this title, the inner boundary of that zone is a 
        line coterminous with the seaward boundary of each of the 
        coastal States, and the outer boundary of that zone is a line 
        drawn in such manner that each point on its is 200 nautical 
        miles from the baseline from which the territorial sea is 
        measured.
            (7) The term ``fish'' means finfish, mollusks, crustaceans, 
        and all other forms of marine animal life other than marine 
        mammals and birds.
            (8) The term ``fishery'' means--
                    (A) one or more stocks of fish that can be treated 
                as a unit for purposes of conservation and management 
                and that are identified on the basis of geographical, 
                scientific, technical, commercial, recreational, or 
                economic characteristics; or
                    (B) any fishing for such stocks.
            (9) The term ``fishing'' means--
                    (A) the catching, taking, or harvesting of fish;
                    (B) the attempted catching, taking, or harvesting 
                of fish;
                    (C) any other activity that can be reasonably 
                expected to result in the catching, taking, or 
                harvesting of fish; or
                    (D) any operations at sea in support of, or in 
                preparation for, any activity described in 
                subparagraphs (A) through (C).
        Such term does not include any scientific research activity or 
        the catching, taking, or harvesting of fish in an aquaculture 
        operation.
            (10) The term ``implement and enforce'' means to enact and 
        implement laws or regulations as required to conform with the 
        provisions of a coastal fishery management plan and to assure 
        compliance with such laws or regulations by persons 
        participating in a fishery that is subject to such plan.
            (11) The term ``person'' means any individual (whether or 
        not a citizen or national of the United States), any 
        corporation, partnership, association, or other entity (whether 
        or not organized or existing under the laws of any State), and 
        any Federal, State, local, or foreign government or any entity 
        of any such government.
            (12) The term ``Secretary'' means the Secretary of 
        Commerce.
            (13) The term ``State'' means Maine, New Hampshire, 
        Massachusetts, Rhode Island, Connecticut, New York, New Jersey, 
        Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 
        South Carolina, Georgia, Florida, the District of Columbia, or 
        the Potomac River Fisheries Commission.

SEC. 804. STATE-FEDERAL COOPERATION IN ATLANTIC COASTAL FISHERY 
              MANAGEMENT.

    (a) Federal Support for State Coastal Fisheries Programs.--The 
Secretary in cooperation with the Secretary of the Interior shall 
develop and implement a program to support the interstate fishery 
management efforts of the Commission. The program shall include 
activities to support and enhance State cooperation in collection, 
management, and analysis of fishery data; law enforcement; habitat 
conservation; fishery research, including biological and socioeconomic 
research; and fishery management planning.
    (b) Federal Regulation in Exclusive Economic Zone.--(1) In the 
absence of an approved and implemented fishery management plan under 
the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.), and after consultation with the appropriate Councils, the 
Secretary may implement regulations to govern fishing in the exclusive 
economic zone that are--
                    (A) necessary to support the effective 
                implementation of a coastal fishery management plan; 
                and
                    (B) consistent with the national standards set 
                forth in section 301 of the Magnuson Fishery 
                Conservation and Management Act (16 U.S.C. 1851).
The regulations may include measures recommended by the Commission to 
the Secretary that are necessary to support the provisions of the 
coastal fishery management plan. Regulations issued by the Secretary to 
implement an approved fishery management plan prepared by the 
appropriate Councils or the Secretary under the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) shall 
supersede any conflicting regulations issued by the Secretary under 
this subsection.
    (2) The provisions of sections 307, 308, 309, 310, and 311 of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1857, 1858, 
1859, 1860, and 1861) regarding prohibited acts, civil penalties, 
criminal offenses, civil forfeitures, and enforcement shall apply with 
respect to regulations issued under this subsection as if such 
regulations were issued under the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.).

SEC. 805. STATE IMPLEMENTATION OF COASTAL FISHERY MANAGEMENT PLANS.

    (a) Coastal Fishery Management Plans.--(1) The Commission shall 
prepare and adopt coastal fishery management plans to provide for the 
conservation of coastal fishery resources. In preparing a coastal 
fishery management plan for a fishery that is located in both State 
waters and the exclusive economic zone, the Commission shall consult 
with appropriate Councils to determine areas where such coastal fishery 
management plan may complement Council fishery management plans. The 
coastal fishery management plan shall specify the requirements 
necessary for States to be in compliance with the plan. Upon adoption 
of a coastal fishery management plan, the Commission shall identify 
each State that is required to implement and enforce that plan.
    (2) Within 1 year after the date of enactment of this Act, the 
Commission shall establish standards and procedures to govern the 
preparation of coastal fishery management plans under this title, 
including standards and procedures to ensure that--
            (A) such plans promote the conservation of fish stocks 
        throughout their ranges and are based on the best scientific 
        information available; and
            (B) the Commission provides adequate opportunity for public 
        participation in the plan preparation process, including at 
        least four public hearings and procedures for the submission of 
        written comments to the Commission.
    (b) State Implementation and Enforcement.--(1) Each State 
identified under subsection (a) with respect to a coastal fishery 
management plan shall implement and enforce the measures of such plan 
within the time frame established in the plan.
    (2) Within 90 days after the date of enactment of this Act, the 
Commission shall establish a schedule of time frames within which 
States shall implement and enforce the measures of coastal fishery 
management plans in existence before such date of enactment. No such 
time frame shall exceed 12 months after the date on which the schedule 
is adopted.
    (c) Commission Monitoring of State Implementation and 
Enforcement.--The Commission shall, at least annually, review each 
State's implementation and enforcement of coastal fishery management 
plans for the purpose of determining whether such State is effectively 
implementing and enforcing each such plan. Upon completion of such 
reviews, the Commission shall report the results of the reviews to the 
Secretaries.

SEC. 806. STATE NONCOMPLIANCE WITH COASTAL FISHERY MANAGEMENT PLANS.

    (a) Noncompliance Determination.--The Commission shall determine 
that a State is not in compliance with the provisions of a coastal 
fishery management plan if it finds that the State has not implemented 
and enforced such plan within the time frames established under the 
plan or under section 805.
    (b) Notification.--Upon making any determination under subsection 
(a), the Commission shall within 10 working days notify the Secretaries 
of such determination. Such notification shall include the reasons for 
making the determination and an explicit list of actions that the 
affected State must take to comply with the coastal fishery management 
plan. The Commission shall provide a copy of the notification to the 
affected State.
    (c) Withdrawal of Noncompliance Determination.--After making a 
determination under subsection (a), the Commission shall continue to 
monitor State implementation and enforcement. Upon finding that a State 
has complied with the actions required under subsection (b), the 
Commission shall immediately withdraw its determination of 
noncompliance. The Commission shall promptly notify the Secretaries of 
such withdrawal.

SEC. 807. SECRETARIAL ACTION.

    (a) Secretarial Review of Commission Determination of 
Noncompliance.--Within 30 days after receiving a notification from the 
Commission under section 806(b) and after review of the Commission's 
determination of noncompliance, the Secretary shall make a finding on--
            (1) whether the State in question has failed to carry out 
        its responsibility under section 805; and
            (2) if so, whether the measures that the State has failed 
        to implement and enforce are necessary for the conservation of 
        the fishery in question.
    (b) Consideration of Comments.--In making a finding under 
subsection (a), the Secretary shall--
            (1) give careful consideration to the comments of the State 
        that the Commission has determined under section 806(a) is not 
        in compliance with a coastal fishery management plan, and 
        provide such State, upon request, with the opportunity to meet 
        with and present its comments directly to the Secretary; and
            (2) solicit and consider the comments of the Commission and 
        the appropriate Councils.
    (c) Moratorium.--(1) Upon making a finding under subsection (a) 
that a State has failed to carry out its responsibility under section 
805 and that the measures it failed to implement and enforce are 
necessary for conservation, the Secretary shall declare a moratorium on 
fishing in the fishery in question within the waters of the 
noncomplying State. The Secretary shall specify the moratorium's 
effective date, which shall be any date within 6 months after 
declaration of the moratorium.
    (2) If after a moratorium is declared under paragraph (1) the 
Secretary is notified by the Commission that the Commission is 
withdrawing under section 806(c) the determination of noncompliance, 
the Secretary shall immediately determine whether the State is in 
compliance with the applicable plan. If so, the moratorium shall be 
terminated.
    (d) Implementing Regulations.--The Secretary may issue regulations 
necessary to implement this section. Such regulations--
            (1) may provide for the possession and use of fish which 
        have been produced in an aquaculture operation, subject to 
        applicable State regulations; and
            (2) shall allow for retention of fish that are subject to a 
        moratorium declared under this section and unavoidably taken as 
        incidental catch in fisheries directed toward menhaden if--
                    (A) discarding the retained fish is impracticable;
                    (B) the retained fish do not constitute a 
                significant portion of the catch of the vessel; and
                    (C) retention of the fish will not, in the judgment 
                of the Secretary, adversely affect the conservation of 
                the species of fish retained.
    (e) Prohibited Acts During Moratorium.--During the time in which a 
moratorium under this section is in effect, it is unlawful for any 
person to--
            (1) violate the terms of the moratorium or of any 
        implementing regulations issued under subsection (d);
            (2) engage in fishing for any species of fish to which the 
        moratorium applies within the waters of the State subject to 
        the moratorium;
            (3) land, attempt to land, or possess fish that are caught, 
        taken, or harvested in violation of the moratorium or of any 
        implementing regulation issued under subsection (d);
            (4) fail to return to the water immediately, with a minimum 
        of injury, any fish to which the moratorium applies that are 
        taken incidental to fishing for species other than those to 
        which the moratorium applies, except as provided by regulations 
        issued under subsection (d);
            (5) refuse to permit any officer authorized to enforce the 
        provisions of this title to board a fishing vessel subject to 
        such person's control for purposes of conducting any search or 
        inspection in connection with the enforcement of this title;
            (6) forcibly assault, resist, oppose, impede, intimidate, 
        or interfere with any such authorized officer in the conduct of 
        any search or inspection under this title;
            (7) resist a lawful arrest for any act prohibited by this 
        section;
            (8) ship, transport, offer for sale, sell, purchase, 
        import, or have custody, control, or possession of, any fish 
        taken or retained in violation of this title; or
            (9) interfere with, delay, or prevent, by any means, the 
        apprehension or arrest of another person, knowing that such 
        other person has committed any act prohibited by this section.
    (f) Civil and Criminal Penalties.--(1) Any person who commits any 
act that is unlawful under subsection (e) shall be liable to the United 
States for a civil penalty as provided by section 308 of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1858).
    (2) Any person who commits an act prohibited by paragraph (5), (6), 
(7), or (9) of subsection (e) is guilty of an offense punishable as 
provided by section 309 (a)(1) and (b) of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1859(a)(1) and (b)).
    (g) Civil Forfeitures.--(1) Any vessel including its gear, 
equipment, appurtenances, stores, and cargo) used, and any fish (or the 
fair market value thereof) taken or retained, in any manner, in 
connection with, or as the result of, the commission of any act that is 
unlawful under subsection (e), shall be subject to forfeiture to the 
United States as provided in section 310 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1860).
    (2) Any fish seized pursuant to this title may be disposed of 
pursuant to the order of a court of competent jurisdiction or, if 
perishable, in a manner prescribed in regulation.
    (h) Enforcement.--A person authorized by the Secretary or the 
Secretary of the Department in which the Coast Guard is operating may 
take any action to enforce a moratorium declared under subsection (c) 
of this section that an officer authorized by the Secretary under 
section 311(b) of the Magnuson Fishery Conservation and Management Act 
(16 U.S.C. 1861(b)) may take to enforce that Act. The Secretary may, by 
agreement, on a reimbursable basis or otherwise, utilize the personnel, 
services, equipment (including aircraft and vessels), and facilities of 
any other Federal department or agency and of any agency of a State in 
carrying out that enforcement.

SEC. 808. FINANCIAL ASSISTANCE.

    The Secretary and the Secretary of the Interior may provide 
financial assistance to the Commission and to the States to carry out 
their respective responsibilities under this title, including--
            (1) the preparation, implementation, and enforcement of 
        coastal fishery management plans; and
            (2) State activities that are specifically required within 
        such plans.

SEC. 809. AUTHORIZATION OF APPROPRIATIONS.

    To carry out the provisions of this title, there are authorized to 
be appropriated $3,000,000 for fiscal year 1994, $5,000,000 for fiscal 
year 1995, and $7,000,000 for fiscal year 1996.

SEC. 810. ATLANTIC STRIPED BASS CONSERVATION ACT.

    Section 9 of the Atlantic Striped Bass Conservation Act (16 U.S.C. 
1851 note) is repealed.

SEC. 811. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

    Section 308(c) of the Interjurisdictional Fisheries Act of 1986 (16 
U.S.C. 4107(c)) is amended by inserting ``, and $600,000 for each of 
the fiscal years 1994 and 1995,'' immediately after ``and 1993''.

                       TITLE IX--LIBERTY MEMORIAL

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Liberty Memorial Act of 1993''.

SEC. 902. CONVEYANCE VESSELS.

    (a) Authority to Convey.--The Secretary of Transportation may 
convey without consideration all right, title, and interest of the 
United States in two vessels described in subsection (b) to any 
nonprofit organization that operates and maintains a Liberty Ship or 
Victory Ship as a memorial to merchant mariners.
    (b) Vessels Described.--Vessels that may be conveyed under 
subsection (a) are vessel that--
            (1) are in the National Defense Reserve Fleet on the date 
        of the enactment of this Act;
            (2) are not less than 4,000 displacement tons;
            (3) have no usefulness to the Government; and
            (4) are scheduled to be scrapped.
    (c) Conditions of Conveyance.--As a condition of conveying any 
vessel to an organization under subsection (a), the Secretary of 
Transportation shall require that before the date of the conveyance, 
the organization shall enter into an agreement under which the 
organization shall--
            (1) sell the vessel for scrap purposes;
            (2) use the proceeds of that scrapping for the purpose of 
        refurbishing and making seaworthy a Liberty Ship or Victory 
        Ship that the organization maintains as a memorial to merchant 
        mariners, to enable the vessel to participate in 1994 in 
        commemorative activities in conjunction with the 50th 
        anniversary of the Normandy invasion; and
            (3) return to the United States any proceeds of scrapping 
        carried out pursuant to paragraph (1) that are not used in 
        accordance with paragraph (2).
    (d) Deposit of Amounts Returned.--Amounts returned to the Untied 
States pursuant to subsection (c)(3) shall be deposited in the Vessel 
Operations Revolving Fund established under the Act of June 2, 1951 (46 
App. U.S.C. 1241a).
    (e) Delivery of Vessels.--The Secretary of Transportation shall 
deliver each vessel conveyed under this section--
            (1) at the place where the vessel is located on the date of 
        the approval of the conveyance by the Secretary of 
        Transportation;
            (2) in its condition on that date; and
            (3) without cost to the Government.
    (f) Expiration of Authority to Convey.--The authority of the 
Secretary of Transportation under this section to convey vessels shall 
expire on the date that is 2 years after the date of enactment of this 
Act.
            Attest:






                                                             Secretary.
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