[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4422 Placed on Calendar Senate (PCS)]
Calendar No. 624
103d CONGRESS
2d Session
H. R. 4422
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 1995 for the Coast Guard,
and for other purposes.
_______________________________________________________________________
September 26 (legislative day, September 12), 1994
Received; read twice and placed on the calendar
Calendar No. 624
103d CONGRESS
2d Session
H. R. 4422
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 26 (legislative day, September 12), 1994
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 1995 for the Coast Guard,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act of
1994''.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary expenses of
the Coast Guard for fiscal year 1995, as follows:
(1) For the operation and maintenance of the Coast Guard,
$2,630,505,000, of which $25,000,000 shall be derived from the
Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $439,200,000, to remain available until expended, of
which $32,500,000 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, oceanographic research, and
defense readiness, $20,310,000, to remain available until
expended, of which--
(A) $3,150,000 shall be derived from the Oil Spill
Liability Trust Fund; and
(B) $1,500,000 is authorized to conduct, in
cooperation with appropriate Federal and State
agencies, local maritime education organizations, and
local marine industry representatives, a demonstration
project on the lower Mississippi River and in the
Houston Ship Channel to study the effectiveness of
currently available Electronic Chart Display and
Information Systems (ECDIS) and Electronic Chart
Systems (ECS) for use on commercial vessels.
(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, $562,585,000.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $13,000,000, to
remain available until expended.
(6) For environmental compliance and restoration at Coast
Guard facilities, $25,000,000, to remain available until
expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 39,000 as of September 30,
1995. 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) Military Training Student Loads.--For fiscal year 1995, the
Coast Guard is authorized average military training student loads as
follows:
(1) For recruit and special training, 2,000 student years.
(2) For flight training, 133 student years.
(3) For professional training in military and civilian
institutions, 344 student years.
(4) For officer acquisition, 955 student years.
SEC. 103. DRUG INTERDICTION ACTIVITIES.
In addition to amounts otherwise authorized by this Act, there are
authorized to be appropriated to the Secretary of Transportation for
operation and maintenance expenses of Coast Guard drug interdiction
activities $21,000,000 for fiscal year 1995.
TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT
SEC. 201. HURRICANE ANDREW RELIEF.
Section 2856 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484) applies to the military personnel of the
Coast Guard who were assigned to, or employed at or in connection with,
any Federal facility or installation in the vicinity of Homestead Air
Force Base, Florida, including the areas of Broward, Collier, Dade, and
Monroe Counties, on or before August 24, 1992, except that--
(1) funds available to the Coast Guard, not to exceed a
total of $25,000, shall be used; and
(2) the Secretary of Transportation shall administer that
section with respect to such personnel.
SEC. 202. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION BOARDS.
Section 289(f) of title 14, United States Code, is amended by
striking ``Upon approval by the President, the names of the officers
selected for continuation on active duty by the board shall be promptly
disseminated to the service at large.''.
SEC. 203. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.
Section 712 of title 14, United States Code, is amended by adding
at the end the following:
``(d) Reserve members ordered to active duty under this section
shall not be counted in computing authorized strength of members on
active duty or members in grade under this title or under any other
law.''.
SEC. 204. PROVISION OF CHILD DEVELOPMENT SERVICES.
(a) In General.--Title 14, United States Code, is amended by
inserting after section 514 the following new section:
``Sec. 515. Child development services
``(a) The Commandant may make child development services available
for members and civilian employees of the Coast Guard, and thereafter
as space is available for members of the Armed Forces and Federal
civilian employees. Child development services benefits provided under
this section shall be in addition to benefits provided under other
laws.
``(b)(1) Except as provided in paragraph (2), the Commandant may
require that amounts received as fees for the provision of child
development services under this section at Coast Guard child
development centers be used only for compensation of Coast Guard child
development center employees who are directly involved in providing
child care.
``(2) If the Commandant determines that compliance with the
limitation in paragraph (1) would result in an uneconomical and
inefficient use of amounts received as such fees, the Commandant may
(to the extent that such compliance would be uneconomical and
inefficient) use such amounts--
``(A) for the purchase of consumable or disposable items
for Coast Guard child development centers; and
``(B) if the requirements of such centers for consumable or
disposable items for a given fiscal year have been met, for
other expenses of those centers.
``(c) The Commandant may use Department of Defense or other
training programs to insure that all child development services
providers under this section meet minimum standards.
``(d) The Commandant may provide assistance to members and civilian
employees of the Coast Guard for obtaining services of qualified family
home child development services providers. The cost per child to the
Coast Guard of obtaining those services may not exceed the average of
the cost per child incurred by the Coast Guard for child development
services provided at all Coast Guard child development centers.
``(e)(1) Of the amounts available to the Coast Guard each fiscal
year for operating expenses (and in addition to amounts received as
fees), the Secretary shall use for child development services under
this section an amount equal to the total amount the Commandant
estimates will be received by the Coast Guard in the fiscal year as
fees for the provision of those services.
``(2) The amount of funds used under paragraph (1) each fiscal year
shall not exceed $1,000,000.
``(f) For purposes of this section, the term `Coast Guard child
development center' does not include a child care services facility for
which space is allotted under section 616 of the Act of December 22,
1987 (40 U.S.C. 490b).
``(g) The Secretary shall promulgate regulations to implement this
section. The regulations shall establish fees to be charged for child
development services provided under this section which are based on
total family income.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 13 of title 14, United States Code, is amended by inserting
after the item related to section 514 the following:
``515. Child development services.''.
TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT
SEC. 301. FOREIGN PASSENGER VESSEL USER FEES.
Section 3303 of title 46, United States Code, is amended--
(1) in subsection (a) by striking ``(a) Except as'' and
inserting ``Except as''; and
(2) by striking subsection (b).
SEC. 302. DOCUMENTATION VIOLATIONS.
(a) Civil Penalties.--Section 12122(a) of title 46, United States
Code, is amended by striking ``$500'' and inserting ``$25,000''.
(b) Seizure and Forfeiture.--
(1) In general.--Section 12122(b) of title 46, United
States Code, is amended to read as follows:
``(b) A vessel and its equipment are liable to seizure by and
forfeiture to the United States Government, if--
``(1) the owner of the vessel or a representative or agent
of the owner knowingly falsifies or conceals a material fact,
or makes a false statement or representation about the
documentation or in applying for documentation of the vessel;
``(2) a certificate of documentation is knowingly and
fraudulently used for the vessel;
``(3) the vessel is operated after its endorsement has been
denied or revoked under section 12123 of this title;
``(4) the vessel is employed in a trade without an
appropriate trade endorsement; or
``(5) in the case of a documented vessel with only a
recreational endorsement, the vessel is operated other than for
pleasure.''.
(2) Conforming amendment.--Section 12122(c) of title 46,
United States Code, is repealed.
(c) Limitation on Operation of Vessel With Only Recreational
Endorsement.--Section 12110(c) of title 46, United States Code, is
repealed.
(d) Termination of Restriction on Command of Recreational
Vessels.--
(1) Termination of restriction.--Subsection (d) of section
12110 of title 46, United States Code, is amended--
(A) by inserting ``, other than a vessel with only
a recreational endorsement operating within the
territorial waters of the United States,'' after ``A
documented vessel''; and
(B) by redesignating that subsection as subsection
(c).
(2) Conforming amendment.--Section 12111(a)(2) of title 46,
United States Code, is amended by inserting before the period
the following: ``in violation of section 12110(c) of this
title''.
SEC. 303. CLERICAL AMENDMENT.
Chapter 121 of title 46, United States Code, is amended--
(1) by striking the first section 12123; and
(2) in the table of sections at the beginning of the
chapter by striking the first item relating to section 12123.
SEC. 304. BATON ROUGE RESCUE AND PATROL VESSEL.
Beginning not later than 60 days after the date of the enactment of
this Act, the Commandant of the Coast Guard shall operate a rescue and
patrol vessel on the Mississippi River in the vicinity of Baton Rouge,
Louisiana, to support Coast Guard rescue, law enforcement, marine
safety, marine environmental protection, and port security missions.
SEC. 305. FLORIDA AVENUE BRIDGE.
For purposes of the alteration of the Florida Avenue Bridge
(located approximately 1.63 miles east of the Mississippi River on the
Gulf Intracoastal Waterway in Orleans Parish, Louisiana) ordered by the
Secretary of Transportation under the Act of June 21, 1940 (33 U.S.C.
511 et seq.; popularly known as the Truman-Hobbs Act), the Secretary
shall treat the drainage siphon that is adjacent to the bridge as an
appurtenance of the bridge, including with respect to apportionment and
payment of costs for the removal of the drainage siphon in accordance
with that Act.
SEC. 306. RENEWAL OF HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY
COMMITTEE AND LOWER MISSISSIPPI RIVER WATERWAY ADVISORY
COMMITTEE.
The Coast Guard Authorization Act of 1991 (Public Law 102-241, 105
Stat. 2208-2235) is amended--
(1) in section 18 by adding at the end the following:
``(h) The Committee shall terminate on October 1, 1999.''; and
(2) in section 19 by adding at the end the following:
``(g) The Committee shall terminate on October 1, 1999.''.
SEC. 307. LIMITATION ON CONSOLIDATION OF HOUSTON AND GALVESTON MARINE
SAFETY OFFICES.
The Secretary of Transportation may not consolidate the Coast Guard
Marine Safety Offices in Galveston, Texas, and Houston, Texas.
SEC. 308. RESPONSE EXERCISE PROGRAM AT MASSACHUSETTS MARITIME ACADEMY.
The Coast Guard shall designate the Center for Marine Environmental
Protection and Safety at the Massachusetts Maritime Academy as a
regional facility for the conduct and evaluation of annual response
area management team exercises for two response areas in the East Coast
in accordance with the Preparedness for Response Exercise Program
established by the Coast Guard.
SEC. 309. PROHIBITION ON DECOMMISSIONING ICEBREAKER MACKINAW.
(a) Prohibition.--The Secretary of Transportation may not
decommission the Coast Guard cutter MACKINAW until the later of--
(1) 1 year after transmitting to the Congress the report
required under subsection (d); or
(2) October 1, 1995.
(b) Requirement To Maintain Billets.--The Secretary shall during
fiscal year 1995 maintain on the Coast Guard cutter MACKINAW the same
number of billets as were maintained on that vessel during fiscal year
1994.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Transportation $4,500,000 for fiscal
year 1995, to remain available until expended, for operations and
maintenance of the Coast Guard cutter MACKINAW.
(d) Study and Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall conduct a
study and submit a report to the Congress containing findings and
recommendations on the icebreaking needs of the Great Lakes and the
appropriate size and type of vessel or vessels to meet those needs. In
conducting the study, the Secretary shall--
(1) consult with--
(A) Great Lakes carriers, shippers, and port
authorities, including the Lake Carriers Association;
(B) the Great Lakes Commission;
(C) the Governors of States bordering the Great
Lakes;
(D) local governments in States bordering the Great
Lakes; and
(E) interested private persons;
(2) determine the average and maximum ice conditions in the
Great Lakes over the past 10 years;
(3) determine the size and type of vessel or vessels
necessary to clear shipping channels in the average and maximum
ice conditions determined under paragraph (2);
(4) evaluate whether any Coast Guard vessel stationed on
the Great Lakes, other than the MACKINAW, can safely conduct
search and rescue missions in 25-foot seas;
(5) evaluate the feasibility of operating the Coast Guard
icebreaker MACKINAW on a seasonal basis;
(6) evaluate the feasibility of building an ice-
strengthened Juniper Class buoy tender to replace the
icebreaking services performed by the MACKINAW; and
(7) evaluate the feasibility of entering into a long-term
contract for icebreaking services to replace the icebreaking
services performed by the MACKINAW.
(e) Authorization for Recommendations.--If, after transmitting the
report required in subsection (d), the Secretary determines that--
(1) in addition to previously authorized Juniper Class buoy
tenders, building an ice-strengthened Juniper Class buoy tender
is the most feasible means of providing icebreaking service on
the Great Lakes, the Secretary may, subject to the availability
of appropriations, enter into a contract for the construction
of an ice-strengthened Juniper Class buoy tender; or
(2) entering into a long-term contract for icebreaking
services is the most feasible means of providing icebreaking
services on the Great Lakes, the Secretary may, subject to the
availability of appropriations, enter into such a long-term
contract.
SEC. 310. REQUIREMENT TO OPERATE USCGC TACKLE IN CRISFIELD, MARYLAND.
The Secretary of Transportation shall continue to operate the USCGC
TACKLE (WYTL 65604) in the vicinity of Crisfield, Maryland, until
October 1, 1995.
SEC. 311. BUY AMERICAN REQUIREMENT FOR SURFACE SEARCH RADAR SYSTEMS AND
MULTIBEAM SONAR.
Notwithstanding any other law, at least 51 percent of the
components of surface search radar systems and multibeam sonar systems
for Coast Guard vessels shall be manufactured in the United States,
provided the United States manufacturer offers the Coast Guard a
competitive price.
SEC. 312. CONVEYANCE OF PROPERTY.
(a) Requirement.--The Secretary of Transportation (or any other
official having control over the property described in subsection (b))
shall expeditiously convey to the Traverse City Area Public School
District in Traverse City, Michigan, without consideration, all right,
title, and interest of the United States in and to the property
described in subsection (b), subject to all easements and other
interests in the property held by any other person.
(b) Property Described.--The property referred to in subsection (a)
is real property located in the city of Traverse City, Grand Traverse
County, Michigan, and consisting of that part of the southeast \1/4\ of
Section 12, Township 27 North, Range 11 West, described as: Commencing
at the southeast \1/4\ corner of said Section 12, thence north 03
degrees 05 minutes 25 seconds east along the East line of said Section,
1074.04 feet, thence north 86 degrees 36 minutes 50 seconds west 207.66
feet, thence north 03 degrees 06 minutes 00 seconds east 572.83 feet to
the point of beginning, thence north 86 degrees 54 minutes 00 seconds
west 1,751.04 feet, thence north 03 degrees 02 minutes 38 seconds east
330.09 feet, thence north 24 degrees 04 minutes 40 seconds east 439.86
feet, thence south 86 degrees 56 minutes 15 seconds east 116.62 feet,
thence north 03 degrees 08 minutes 45 seconds east 200.00 feet, thence
south 87 degrees 08 minutes 20 seconds east 68.52 feet, to the
southerly right-of-way of the C & O Railroad, thence south 65 degrees
54 minutes 20 seconds east along said right-of-way 1508.75 feet, thence
south 03 degrees 06 minutes 00 seconds west 400.61 to the point of
beginning, consisting of 27.10 acres of land, and all improvements
located on that property including buildings, structures, and
equipment.
(c) Reversionary Interest.--In addition to any term or condition
established pursuant to subsection (a), any conveyance of property
described in subsection (b) shall be subject to the condition that all
right, title, and interest in and to the property so conveyed shall
immediately revert to the United States if the property, or any part
thereof, ceases to be used by the Traverse City School District.
TITLE IV--MISCELLANEOUS
SEC. 401. SPECIAL RECRUITING AUTHORITY TO ACHIEVE DIVERSITY.
(a) Findings.--The Congress makes the following findings:
(1) Women and minorities have historically been
underrepresented in the Coast Guard officer corps and at the
United States Coast Guard Academy.
(2) The number of women and minorities occupying leadership
positions in the United States Coast Guard should reflect the
proportion of women and minorities in the total population.
(3) Notwithstanding application of traditional recruiting
programs, the Coast Guard has not been able to rectify the
historic underrepresentation of women and minorities in the
service and at the Academy.
(4) Cultural bias in standardized testing or grading
procedures may adversely affect the ability of minorities to
compete successfully for admission to the United States Coast
Guard Academy.
(5) The education and professional training provided at the
United States Coast Guard Academy will be enhanced by the
benefits that flow from a diverse student body.
(b) New Authority.--Section 93 of title 14, United States Code, is
amended--
(1) in paragraph (t)(2) by striking ``and'' after the
semicolon;
(2) in paragraph (u) by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(v) for the purposes of rectifying underrepresentation or
underutilization of women and minorities in the Coast Guard and
meeting identified personnel resource requirements and training
needs--
``(1) conduct studies and analyses on Coast Guard
personnel resource and training needs; and
``(2) employ special programs for recruiting women
and minorities, including, subject to appropriations,
provision of financial assistance by grant, cooperative
agreement, contract, or otherwise, to public or private
associations, organizations, or individuals to
implement national or local outreach programs.''.
SEC. 402. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.
Section 283(b) of title 14, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by striking the last sentence; and
(3) by adding at the end the following:
``(2) Upon the completion of a term under paragraph (1), an officer
shall, unless selected for further continuation--
``(A) except as provided in subparagraph (B), be honorably
discharged with severance pay computed under section 286 of
this title;
``(B) in the case of an officer who has completed at least
18 years of active service on the date of discharge under
subparagraph (A), be retained on active duty and retired on the
last day of the month in which the officer completes 20 years
of active service, unless earlier removed under another
provision of law; or
``(C) if eligible for retirement under any law, be
retired.''.
SEC. 403. REPORT RECOMMENDING ACTIONS FOR THE PROTECTION OF THE
ENDANGERED NORTHERN RIGHT WHALE.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of Transportation, in consultation with the
Secretary of Commerce, shall submit a report to the Committee on
Merchant Marine and Fisheries of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
recommending actions to prevent mortalities of the northern right whale
from vessel collisions in the Great South Channel off Cape Cod,
Massachusetts. The report shall include--
(1) recommendations for actions that could be undertaken by
the Coast Guard and the International Maritime Organization,
including--
(A) the designation of 1 or more areas to be
avoided;
(B) the shifting of the traffic separation scheme
in the Great South Channel; or
(C) other measures the Secretary considers
appropriate; and
(2) if appropriate, a schedule for submitting those
recommendations to the International Maritime Organization.
SEC. 404. CONTINUING OBLIGATION TO PROVIDE DOCUMENTATION INFORMATION AT
EXISTING LOCATIONS.
The Secretary of Transportation shall, until October 1, 1999,
maintain an ability, at Coast Guard offices that are located in the
immediate vicinity of former regional vessel documentation offices, to
assist the public with information on obtaining, altering, and renewing
the documentation of a vessel and on vessel documentation laws and
regulations generally.
SEC. 405. PROHIBITION ON STATION CLOSURES AND VESSEL AND AIRCRAFT
DECOMMISSIONINGS IN FY 1995.
In fiscal year 1995, the Secretary of Transportation may not close
or consolidate any shore unit, including any multimission small boat
station, and may not decommission any vessel or aircraft, based in
whole or in part on the increased costs resulting from inclusion of the
Coast Guard in the military pay raise for fiscal year 1995 or the cost-
of-living allowance for members of the uniformed services assigned to
high cost areas in the continental United States under the National
Defense Authorization Act for Fiscal Year 1995.
SEC. 406. CONTINUATION OF THE COMMERCIAL FISHING INDUSTRY VESSEL
ADVISORY COMMITTEE.
Subsection (e)(1) of section 4508 of title 46, United States Code,
is amended by striking ``September 30, 1994'' and inserting ``October
1, 1999''.
SEC. 407. PROHIBITION ON DIVERSION OF DRUG INTERDICTION FUNDS.
The Secretary of Transportation may not reduce the level of Coast
Guard drug interdiction below the level proposed by the President in
the Fiscal Year 1995 budget.
SEC. 408. PROHIBITION ON STATION CLOSURES.
(a) Prohibition.--The Secretary of Transportation may not close or
consolidate any multimission small boat station in fiscal year 1995
until the Secretary has submitted a list of proposed station closures
to the Committee on Merchant Marine and Fisheries of the House of
Representatives and to the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Deadline for Submission.--The Secretary shall submit such list
at least 60 days prior to any such closure or consolidation.
SEC. 409. RENEWAL OF THE NAVIGATION SAFETY ADVISORY COUNCIL.
Section 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C.
2073) is amended in subsection (d) by striking ``September 30, 1995''
and inserting ``September 30, 2000''.
SEC. 410. 47-FOOT MOTOR LIFEBOAT ACQUISITION PROGRAM.
The Secretary of Transportation shall ensure that the Coast Guard
47-foot Motor Lifeboat acquisition is accomplished in accordance with
the laws and regulations applicable to small business set asides.
SEC. 411. COAST GUARD RESERVE PEACETIME REQUIREMENTS PLAN.
No later than February 1, 1995, the Secretary of Transportation
shall submit to the Committee on Merchant Marine and Fisheries of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a plan to more fully utilize the Coast
Guard Selected Reserve to augment peacetime operations. As part of the
plan, the Secretary shall include--
(1) methods to deliver more cost-effective Coast Guard
services by supplementing active duty personnel with Coast
Guard reservists while preserving the current level of service
to the public;
(2) methods to more fully integrate the Coast Guard Reserve
in peacetime Coast Guard programs, including, but not limited
to, search and rescue, marine safety, and marine environmental
protection;
(3) the most effective command structure for the Coast
Guard Reserve; and
(4) a specific estimate of the number of reservists needed
to augment peacetime Coast Guard missions under the plan.
SEC. 412. TRANSFER OF COAST GUARD PROPERTY.
(a) Conveyance Requirement.--The Secretary of Transportation shall
convey to the Ketchikan Indian Corporation in Ketchikan, Alaska,
without reimbursement and by no later than 120 days after the date of
enactment of this Act, all right, title, and interest of the United
States in and to the property known as the ``Former Marine Safety
Detachment'' as identified in Report of Excess Number CG-689 (GSA
Control Number 9-U-AK-0747) and described in subsection (b), for use by
the Ketchikan Indian Corporation as a Native health clinic.
(b) Property Described.--The property referred to in subsection (a)
is real property located in the city of Ketchikan, Township 75 south,
range 90 east, Copper River Meridian, First Judicial District, State of
Alaska, and commencing at corner numbered 10, United States Survey
numbered 1079, the true point of beginning for this description: Thence
north 24 degrees 04 minutes east, along the 10-11 line of said survey a
distance of 89.76 feet to corner numbered 1 of lot 5B; thence south 65
degrees 56 minutes east a distance of 345.18 feet to corner numbered 2
of lot 5B; thence south 24 degrees 04 minutes west a distance of 101.64
feet to corner numbered 3 of lot 5B; thence north 64 degrees 01 minute
west a distance of 346.47 feet to corner numbered 10 of said survey, to
the true point of beginning, consisting of 0.76 acres (more or less),
and all improvements located on that property, including buildings,
structures, and equipment.
(c) Reversionary Interest.--In addition to any term or condition
established pursuant to subsection (a), any conveyance of property
described in subsection (b) shall be subject to the condition that all
right, title, and interest in and to the property so conveyed shall
immediately revert to the United States if the property, or any part
thereof, ceases to be used by the Ketchikan Indian Corporation as a
Native health clinic.
SEC. 413. REPORT ON COSTS OF VESSEL INSPECTIONS OUTSIDE UNITED STATES.
(a) Report Requirement.--Not later than January 1, 1995, the
Secretary of Transportation shall submit to the Committee on Merchant
Marine and Fisheries of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report
describing in detail the costs incurred by the United States in fiscal
year 1994 for the performance by Coast Guard personnel of vessel
inspections outside the 50 States and the District of Columbia,
including travel expenses, subsistence pay, compensation, and all other
costs associated with those inspections.
(b) Itemization of Costs.--The report required by subsection (a)
shall include--
(1) a description and the costs of the various types of
activities in which Coast Guard inspectors engaged outside the
United States in fiscal year 1994 with respect to repair and
construction of vessels in foreign countries;
(2) the number and costs of inspections of vessels
documented in the United States that did not visit ports in the
United States in fiscal year 1994 (including the number of such
vessels inspected);
(3) the number and costs of inspections of mobile offshore
drilling units (as that term is defined in section 2101 of
title 46, United States Code) that are documented in the United
States and that did not operate in waters of the United States
in fiscal year 1994; and
(4) the number and cost of Coast Guard inspectors
permanently stationed in foreign countries.
SEC. 414. CONVEYANCE OF LIGHT STATION MONTAUK POINT, NEW YORK.
(a) Conveyance Requirement.--
(1) Requirement.--The Secretary of Transportation shall
convey to the Montauk Historical Association in Montauk, New
York, by an appropriate means of conveyance, all right, title,
and interest of the United States in and to property comprising
Light Station Montauk Point, located at Montauk, New York.
(2) Determination of property.--The Secretary may identify,
describe, and determine the property to be conveyed pursuant to
this section.
(b) Terms of Conveyance.--
(1) In general.--A conveyance of property pursuant to this
section shall be made--
(A) without the payment of consideration; and
(B) subject to the conditions required by
paragraphs (3) and (4) and such other 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 the Montauk Light Station 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 maintained as a nonprofit center
for public benefit for the interpretation and
preservation of the material culture of the United
States Coast Guard, the maritime history of Montauk,
New York, and Native American and colonial 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 (16 U.S.C. 470 et seq.).
(3) Maintenance of navigation and functions.--Any
conveyance of property pursuant to this section shall be
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 for as long as they are needed for this purpose;
(B) the Montauk Historical Association may not
interfere or allow interference in any manner with such
aids to navigation without express written permission
from the United States;
(C) there is reserved to the United States the
right to replace, or add any aids to navigation, or
make any changes to the Montauk Lighthouse as may be
necessary for navigation purposes;
(D) the United States shall have the right, at any
time, to enter the property conveyed without notice for
the purpose of maintaining navigation aids;
(E) the United States shall have an easement of
access to such property for the purpose of maintaining
the navigational aids in use on the property; and
(F) the Montauk Light Station shall revert to the
United States at the end of the 30-day period beginning
on any date on which the Secretary of Transportation
provides written notice to the Montauk Historical
Association that the Montauk Light Station is needed
for national security purposes.
(4) Maintenance of light station.--Any conveyance of
property under this section shall be subject to the condition
that the Montauk Historical Association shall maintain the
Montauk Light Station in accordance with the provisions of the
National Historic Preservation Act (16 U.S.C. 470 et seq.) and
other applicable laws.
(5) Limitation on obligations of montauk historical
association.--The Montauk Historical Association shall not have
any obligation to maintain any active aid to navigation
equipment on property conveyed pursuant to this section.
(c) For purposes of this section--
(1) the term ``Montauk Light Station'' means the Coast
Guard light station known as Light Station Montauk Point,
located at Montauk, New York, including the keeper's dwellings,
adjacent Coast Guard rights of way, the World War II submarine
spotting tower, the lighthouse tower, and the paint locker; and
(2) the term ``Montauk Lighthouse'' means the Coast Guard
lighthouse located at the Montauk Light Station.
SEC. 415. CAPE ANN LIGHTHOUSE.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation shall
convey to the town of Rockport, Massachusetts, by an
appropriate means of conveyance, all right, title, and interest
of the United States in and to the property comprising the Cape
Ann Lighthouse, located on Thachers Island, Massachusetts.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
pursuant to this subsection.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property pursuant to
this section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by
paragraphs (3) and (4) and other terms and conditions
the Secretary may consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), the conveyance
of property pursuant to this section shall be subject to the
condition that all right, title, and interest in the Cape Ann
Lighthouse shall immediately revert to the United States if the
Cape Ann Lighthouse, or any part of the property--
(A) ceases to be used as a nonprofit center 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) Maintenance and navigation functions.--The conveyance
of property pursuant to this section shall be made subject to
the conditions that 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 town of Rockport may not interfere or allow
interference in any manner with aids to navigation
without express written permission from the Secretary
of Transportation;
(C) there is reserved to the United States the
right to relocate, replace, or add any aid to
navigation or make any changes to the Cape Ann
Lighthouse as may be necessary for navigational
purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice for the
purpose of maintaining aids to navigation; and
(E) the United States shall have an easement of
access to the property for the purpose of maintaining
the aids to navigation in use on the property.
(4) Obligation limitation.--The town of Rockport is not
required to maintain any active aid to navigation equipment on
property conveyed pursuant to this section.
(5) Property to be maintained in accordance with certain
laws.--The town of Rockport shall maintain the Cape Ann
Lighthouse in accordance with the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.), and other
applicable laws.
(c) Definitions.--For purposes of this section, the term ``Cape Ann
Lighthouse'' means the Coast Guard property located on Thachers Island,
Massachusetts, except any historical artifact, including any lens or
lantern, located on the property at or before the time of the
conveyance.
SEC. 416. TRANSFER OF OCRACOKE LIGHT STATION TO SECRETARY OF THE
INTERIOR.
The Secretary of Transportation shall transfer administrative
jurisdiction over the Federal property, consisting of approximately 2
acres, known as the Ocracoke Light Station, to the Secretary of the
Interior, subject to such reservations, terms, and conditions as may be
necessary for Coast Guard purposes. All property so transferred shall
be included in and administered as part of the Cape Hatteras National
Seashore.
SEC. 417. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE OF COAST
GUARD VESSELS IN FOREIGN SHIPYARDS.
(a) Prohibition.--Chapter 5 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 96. Prohibition on overhaul, repair, and maintenance of Coast
Guard vessels in foreign shipyards
``A Coast Guard vessel may not be overhauled, repaired, or
maintained in any shipyard located outside the United States, except
that this section does not apply to emergency repairs.''.
(b) Clerical Amendment.--Title 14, United States Code, is amended
in the analysis at the beginning of chapter 5 by adding at the end the
following:
``96. Prohibition on overhaul, repair, and maintenance of Coast Guard
vessels in foreign shipyards.''.
SEC. 418. STUDY OF IMPLICATIONS FOR VESSEL SAFETY IN NAVIGABLE WATERS
NEAR HOUSTON, TEXAS, OF TRADE AGREEMENTS.
(a) Study.--Not later than July 1, 1996, the Secretary of
Transportation, acting through the Coast Guard office in Houston,
Texas, and subject to the availability of appropriations, shall conduct
a study of the implications for vessel safety in the navigable waters
near Houston, Texas, of increased shipping traffic resulting from--
(1) the North American Free Trade Agreement Implementation
Act; and
(2) legislation necessary to implement the Uruguay Round of
the General Agreement on Tariffs and Trade.
(b) Content.--The study under subsection (a) shall include--
(1) examination of implications for vessel safety in the
Port of Houston and the Houston ship channel; and
(2) development of recommendations for--
(A) responding to vessel accidents in those
waterways,
(B) removal of vessels damaged in those accidents,
and
(C) ways to improve the overall safety of the Port
of Houston and the Houston ship channel, including
recommendations of restrictions on vessel movements
within that Port or channel if necessary to ensure
safety.
(c) Report.--Not later than July 1, 1996, the Secretary of
Transportation shall submit to the Congress a report on the findings
and recommendations developed by the study under subsection (a).
(d) Authorization of Appropriations.--For carrying out the study
and preparing the report required by this section, there are authorized
to be appropriated to the Secretary of Transportation $300,000 for
fiscal year 1995 and such sums as may be necessary for fiscal year
1996.
SEC. 419. IMPLEMENTATION OF OIL POLLUTION ACT WITH RESPECT TO VEGETABLE
OIL.
In implementing the Oil Pollution Act of 1990 (Public Law 101-380),
the Coast Guard and other agencies shall differentiate between animal
fats or oils of vegetable origin and other oils, including petroleum
oils, on the basis of their physical, chemical, biological, and other
properties, and their environmental effects.
SEC. 420. LIMITATION ON AUTHORITY OF STATES TO REGULATE GAMBLING
DEVICES ON VESSELS.
Section 5(b)(2) of the Act of January 2, 1951 (15 U.S.C.
1175(b)(2)), commonly referred to as the ``Johnson Act'', is amended by
adding at the end the following:
``(C) Exclusion of certain voyages and segments.--
Except for a voyage or segment of a voyage that occurs
within the boundaries of the State of Hawaii, a voyage
or segment of a voyage is not described in subparagraph
(B) if it includes or consists of a segment--
``(i) that begins and ends in the same
State;
``(ii) that is part of a voyage to another
State or to a foreign country; and
``(iii) in which the vessel reaches the
other State or foreign country within 3 days
after leaving the State in which it begins.''.
SEC. 421. POLLUTION FROM SHIPS.
(a) Prevention of Pollution From Ships.--Section 6 of the Act to
Prevent Pollution from Ships (33 U.S.C. 1905) is amended--
(1) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``(2) If'' and inserting
the following: ``(2)(A) Subject to subparagraph
(B), if''; and
(ii) by adding at the end the following new
subparagraph:
``(B) The Secretary may issue a certificate attesting to the
adequacy of reception facilities under this paragraph only if, prior to
the issuance of the certificate, the Secretary conducts an inspection
of the reception facilities of the port or terminal that is the subject
of the certificate.''; and
(B) in paragraph (3), by striking subparagraph (A)
and inserting the following new subparagraph:
``(A) is valid for the 5-year period beginning on the date
of issuance of the certificate, except that if--
``(i) the charge for operation of the port or
terminal is transferred to a person or entity other
than the person or entity that is the operator on the
date of issuance of the certificate--
``(I) the certificate shall expire on the
date that is 30 days after the date of the
transfer; and
``(II) the new operator shall be required
to submit an application for a certificate
before a certificate may be issued for the port
or terminal; or
``(ii) the certificate is suspended or revoked by
the Secretary, the certificate shall cease to be valid;
and''; and
(2) by striking subsection (d) and inserting the following
new subsection:
``(d)(1) The Secretary shall maintain a list of ports or terminals
with respect to which a certificate issued under this section--
``(A) is in effect; or
``(B) has been revoked or suspended.
``(2) The Secretary shall make the list referred to in paragraph
(1) available to the general public.''.
(b) Reception Facility Placards.--Section 6(f) of the Act to
Prevent Pollution from Ships (33 U.S.C. 1905(f)) is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Not later than 18 months after the date of enactment of
this paragraph, the Secretary shall promulgate regulations that require
the operator of each port or terminal that is subject to any
requirement of the MARPOL Protocol relating to reception facilities to
post a placard in a location that can easily be seen by port and
terminal users. The placard shall state, at a minimum, that a user of a
reception facility of the port or terminal should report to the
Secretary any inadequacy of the reception facility.''.
(c) Application to Vessels.--
(1) Notice of arrival.--The owner, master, agent, or person
in charge of a vessel shall include in the notice of arrival
required to be submitted to the Captain of the Port of the port
or place of destination pursuant to the Ports and Waterways
Safety Act (33 U.S.C. 1221 et seq.) information concerning the
intention of the owner, master, or person in charge of the
vessel with respect to the disposal of onboard waste at the
port or place of destination.
(2) Compliance reports.--Section 2201(a) of the Marine
Plastic Pollution Research and Control Act of 1987 (Public Law
100-220; 33 U.S.C. 1902 note) is amended--
(A) by striking ``for a period of 6 years''; and
(B) by inserting before the period at the end the
following: ``and, not later than 1 year after the date
of enactment of the Marine Plastic Pollution Research
and Control Act of 1994, and annually thereafter, shall
publish in the Federal Register a list of the
enforcement actions taken against any domestic or
foreign ship (including any commercial or recreational
ship) pursuant to the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.)''.
(d) Marine Plastic Pollution Research and Control Public Outreach
Program.--Section 2204(a) of the Marine Plastic Pollution Research and
Control Act of 1987 (Public Law 100-220; 42 U.S.C. 6981 note) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``for a period of at least 3 years,'';
(B) in subparagraph (C), by striking ``and'' at the
end;
(C) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(E) the requirements under this Act and the Act
to Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.) with respect to ships and ports, and the
authority of citizens to report violations of this Act
and the Act to Prevent Pollution from Ships (33 U.S.C.
1901 et seq.).''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Authorized activities.--
``(A) Public outreach program.--A public outreach
program under paragraph (1) may include--
``(i) developing and implementing a
voluntary boaters' pledge program;
``(ii) workshops with interested groups;
``(iii) public service announcements;
``(iv) distribution of leaflets and
posters; and
``(v) any other means appropriate to
educating the public.
``(B) Grants and cooperative agreements.--To carry
out this section, the Secretary of the department in
which the Coast Guard is operating, the Secretary of
Commerce, and the Administrator of the Environmental
Protection Agency are authorized to award grants, enter
into cooperative agreements with appropriate officials
of other Federal agencies and agencies of States and
political subdivisions of States, and provide other
financial assistance to eligible recipients.
``(C) Consultation.--In developing outreach
initiatives targeted at the interested groups that are
subject to the requirements of this title and the Act
to Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.), the Secretary of the department in which the
Coast Guard is operating, in consultation with the
Secretary of Commerce, acting through the Administrator
of the National Oceanic and Atmospheric Administration,
and the Administrator of the Environmental Protection
Agency, shall consult with--
``(i) the heads of State agencies
responsible for implementing State boating
laws; and
``(ii) the heads of other enforcement
agencies that regulate boaters or commercial
fishermen.''.
(e) Coordination.--
(1) Establishment of marine debris coordinating
committee.--The Administrator of the Environmental Protection
Agency shall establish a Marine Debris Coordinating Committee
(referred to in this section as the ``Committee'').
(2) Membership.--The Committee shall include a senior
official from--
(A) the Environmental Protection Agency, who shall
serve as the Chairperson of the Committee;
(B) the National Oceanic and Atmospheric
Administration;
(C) the United States Coast Guard;
(D) the United States Navy; and
(E) such other Federal agencies that have an
interest in ocean issues or water pollution prevention
and control as the Administrator of the Environmental
Protection Agency determines appropriate.
(3) Meetings.--The Committee shall meet at least twice a
year to provide a forum to ensure the coordination of national
and international research, monitoring, education, and
regulatory actions addressing the persistent marine debris
problem.
(f) Monitoring.--The Administrator of the Environmental Protection
Agency, in cooperation with the Secretary of Commerce, acting through
the Administrator of the National Oceanic and Atmospheric
Administration, shall utilize the marine debris data derived under
title V of the Marine Protection, Research, and Sanctuaries Act of 1972
(33 U.S.C. 2801 et seq.) to assist the United States Coast Guard in
assessing the effectiveness of this Act.
SEC. 422. MERCHANT MARINER BENEFITS.
(a) Part G of subtitle II, title 46, United States Code, is amended
by adding the following new chapter:
``Chapter 112--MERCHANT MARINER BENEFITS
``Sec.
``11201. Qualified service.
``11202. Qualified service benefits.
``Sec. 11201. Qualified service
``An individual who was in training for or who served as a member
of the United States merchant marine, including the Army Transport
Service and the Naval Transportation Service, or who received a letter
of induction, before August 16, 1945, is deemed to have been engaged in
qualified service for purposes of this chapter.
``Sec. 11202. Qualified service benefits
``(a) An individual who believes that individual performed
qualified service under section 11201 of this chapter may apply to the
Secretary. Not later than 180 days after the Secretary receives an
application under this section, the Secretary shall determine whether
the individual performed qualified service.
``(b) The Secretary shall issue an honorable discharge to an
individual who performed qualified service as determined by the
Secretary under subsection (a). The Secretary shall issue the discharge
subject to the standards that apply to the honorable discharges issued
under section 401(a)(1)(b) of the GI Bill Improvement Act of 1977 (38
U.S.C. 106 note).
``(c) The qualified service of an individual who--
``(1) receives an honorable discharge under subsection (b);
and
``(2) is not eligible for benefits under a law administered
by the Secretary of Veterans Affairs--
shall be treated as active duty for purposes of eligibility for
benefits under chapters 23 and 24 of title 38, United States Code.
``(d) The Secretary shall reimburse the Secretary of Veterans
Affairs for the value of benefits provided to an individual by reason
of eligibility under this chapter.
``(e) An individual is not entitled to, and may not receive,
benefits under this chapter for any period before the date of enactment
of this chapter.''.
(b) The analysis at the beginning of subtitle II of title 46,
United States Code, is amended by inserting after the item relating to
chapter 111 the following:
``112. Merchant mariners benefits........................... 11201.''.
SEC. 423. ANNUAL REPORT ON IMPLEMENTATION OF VESSEL TRAFFIC SERVICE.
Not later than April 1 of each year after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Merchant Marine and Fisheries of the House of Representatives and
the Committee on Commerce, Science and Transportation of the Senate a
report describing in detail the status of implementation of the Vessel
Traffic Service in all the ports ranked in the Port Needs Study issued
by the Coast Guard in 1991.
SEC. 424. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS.
Section 31321(a) of title 46, United States Code, is amended by
adding at the end the following new paragraph:
``(4)(A) A bill of sale, conveyance, mortgage, assignment, or
related instrument may be filed electronically under regulations
prescribed by the Secretary.
``(B) A filing made electronically under subparagraph (A) shall not
be effective after the 10-day period beginning on the date of the
filing unless the original instrument is provided to the Secretary
within that 10-day period.''.
SEC. 425. COST ACCOUNTING FOR HAITIAN OPERATIONS.
(a) No later than 30 days after the enactment of this Act, the
Secretary of Transportation shall submit a full accounting of all Coast
Guard costs related to Haiti during fiscal year 1994 to the Committee
on Merchant Marine and Fisheries in the House of Representatives and to
the Committee on Commerce, Science, and Transportation in the Senate.
This accounting shall include numbers of Coast Guard personnel
involved, the numbers of Coast Guard vessels involved, and the amount
of funds diverted from other Coast Guard missions.
(b) Until all United States military operations in Haiti cease, the
Secretary of Transportation shall submit monthly reports on all Coast
Guard costs related to Haiti to the Committee on Merchant Marine and
Fisheries in the House of Representatives and to the Committee on
Commerce, Science, and Transportation in the Senate.
SEC. 426. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--It is the
sense of the Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available under this
Act should be American-made.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary, to the greatest extent
practicable, shall provide to each recipient of the assistance a notice
describing the statement made in subsection (a) by the Congress.
SEC. 427. 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. 428. PLAN FOR RESCUE OF PASSENGERS ON THE CHESAPEAKE BAY.
(a) The Secretary of the department in which the Coast Guard is
operating, in consultation with officials of the States of Maryland and
Virginia, and other interested persons, shall develop and submit to
Congress by March 30, 1995, a plan for the rescue of persons
transported on passenger vessels or small passenger vessels on the
Chesapeake Bay.
(b) The plan developed in subsection (a) shall include--
(1) a protocol for command, control, and communications
among Federal, State, and local authorities;
(2) a protocol for training exercises to prepare for an
emergency rescue on the Chesapeake Bay;
(3) an identification of emergency medical personnel that
would be available for an emergency rescue on the Chesapeake
Bay;
(4) an identification of procedures to be followed and
equipment that would be needed in the event of weather that
could result in hypothermia of the passengers; and
(5) a study by the Coast Guard examining the feasibility of
locating a helicopter station on the Chesapeake Bay and in
developing mutual aid agreement with appropriate Federal, State
and local agencies to improve helicopter response time.
TITLE V--RECREATIONAL BOATING SAFETY
SEC. 501. SHORT TITLE.
This title may be cited as the ``Recreational Boating Safety
Improvement Act of 1994''.
SEC. 502. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN.
(a) Prohibition.--Section 4307(a) of title 46, United States Code,
is amended--
(1) in paragraph (2) by striking ``or'' after the semicolon
at the end;
(2) in paragraph (3) by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(4) operate a recreational vessel under 26 feet in length
unless each individual 12 years of age or younger wears a Coast
Guard approved personal flotation device when the individual is
on an open deck of the vessel.''.
(b) State Authority Preserved.--Section 4307 of title 46, United
States Code, is further amended by adding at the end the following:
``(c) Subsection (a)(4) shall not be construed to limit the
authority of a State to establish requirements relating to the wearing
of personal flotation devices on recreational vessels that are more
stringent than that subsection.''.
SEC. 503. ALLOCATION OF FUNDS BASED ON STATE ADOPTION OF LAWS REGARDING
BOATING WHILE INTOXICATED.
Section 13103 of title 46, United States Code, is amended--
(1) by redesignating subsections (a), (b), and (c) in order
as subsections (b), (c), and (d);
(2) by inserting before subsection (b) (as so redesignated)
the following new subsection:
``(a)(1) Beginning in fiscal year 1998, of the amounts transferred
to the Secretary each fiscal year pursuant to section 4(b) of the Act
of August 9, 1950 (16 U.S.C. 777c(b)), the Secretary shall allocate for
State recreational boating safety programs $10,000,000 as follows:
``(A) One-half shall be allocated in accordance with
paragraph (2) among eligible States that--
``(i) prohibit operation of a recreational vessel
by an individual who is under the influence of alcohol
or drugs; and
``(ii) establish a blood alcohol concentration
limit of .10 percent or less.
``(B) One-half shall be allocated in accordance with
paragraph (2) among eligible States that--
``(i) prohibit operation of a recreational vessel
by an individual who is under the influence of alcohol
or drugs; and
``(ii) establish an implied consent requirement
that specifies that an individual is deemed to have
given their consent to evidentiary testing for their
blood alcohol concentration or presence of other
intoxicating substances.
``(2) Of the amount allocated under subparagraph (A) or (B) of
paragraph (1) each fiscal year--
``(A) one-half shall be allocated equally among all
eligible States receiving an allocation under that subparagraph
for the fiscal year; and
``(B) one-half shall be allocated among those eligible
States so that each such State receives an amount bearing the
same ratio to the total amount allocated under that
subparagraph for the fiscal year as the number of vessels
numbered in that State under a system approved under chapter
123 of this title bears to the total number of vessels numbered
under approved systems of all States receiving an allocation
under that subparagraph for the fiscal year.'';
(3) in subsection (b) (as so redesignated) in the matter
preceding paragraph (1) by inserting ``the balance of
remaining'' after ``allocate''; and
(4) by adding at the end the following new subsection:
``(e) A State shall not be ineligible for an allocation under
subsection (a) because of the adoption by the State of any requirement
relating to the operation of a recreational vessel while under the
influence of alcohol or drugs that is more stringent than the
requirements for receiving the allocation.''.
SEC. 504. MARINE CASUALTY REPORTING.
(a) Submission of Plan.--Not later than one year after enactment of
this Act, the Secretary of Transportation shall, in consultation with
appropriate State agencies, submit to the Committee on Merchant Marine
and Fisheries of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a plan to increase
reporting of vessel accidents to appropriate State law enforcement
officials.
(b) Penalties for Violating Reporting Requirements.--Section
6103(a) of title 46, United States Code, is amended by inserting ``or
6102'' after ``6101'' the second place it appears.
SEC. 505. REQUIRING VIOLATORS TO TAKE RECREATIONAL BOATING SAFETY
COURSE.
(a) Negligent Operation.--Section 2302 of title 46, United States
Code, is amended by adding at the end the following:
``(e) An individual operating a recreational vessel in violation of
this section shall complete a boating safety course approved by the
Secretary.''.
(b) Other Violations.--Section 4311 of title 46, United States
Code, is amended by adding at the end the following:
``(h) A person who operates a recreational vessel in violation of
this chapter or a regulation prescribed under this chapter may be
ordered to complete a recreational boating safety course approved by
the Secretary.''.
SEC. 506. TECHNICAL CORRECTIONS.
Section 13108(a)(1) of title 46, United States Code, is amended
by--
(1) striking ``proceeding'' and inserting ``preceding'';
and
(2) striking ``Secertary'' and inserting ``Secretary''.
TITLE VI--TOWING VESSEL NAVIGATIONAL SAFETY
SEC. 601. SHORT TITLE.
This title may be cited as the ``Towing Vessel Navigational Safety
Act of 1994''.
SEC. 602. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT FOR TOWING VESSELS.
(a) In General.--Section 4102 of title 46, United States Code, is
amended by adding at the end the following:
``(f)(1) In prescribing regulations for towing vessels, the
Secretary shall--
``(A) consider the characteristics, methods of operation,
and nature of the service of towing vessels;
``(B) consult with the Towing Safety Advisory Committee;
and
``(C) require, to the extent appropriate, the installation,
maintenance, and use of and familiarity with the following
equipment on each towing vessel, other than a towing vessel
that is used only for towing disabled vessels:
``(i) A radar system.
``(ii) An electronic position-fixing device.
``(iii) A sonic depth finder.
``(iv) A compass or swing meter.
``(v) Adequate towing wire and associated
equipment.
``(vi) Up-to-date navigational charts and
publications for the areas normally transited by the
vessel.
``(vii) Other safety equipment the Secretary
determines to be necessary.
``(2) The Secretary shall establish in regulations under this
chapter requirements that--
``(A) any equipment required on a towing vessel under
paragraph (1) shall be maintained in effective operating
condition; and
``(B) if such equipment on a vessel ceases to operate, the
master of the vessel shall exercise due diligence to restore
the equipment to effective operating condition, or cause it to
be restored to that condition, at the earliest practicable
date.''.
(b) Regulations.--The Secretary of Transportation shall issue
regulations by not later than 12 months after the date of the enactment
of this Act, prescribing navigational publication and equipment
requirements under subsection (f) of section 4102 of title 46, United
States Code, as added by subsection (a) of this section.
SEC. 603. REPORTING MARINE CASUALTIES.
(a) Expedited Reporting Required.--Section 6101(b) of title 46,
United States Code, is amended by striking ``within 5 days'' and
inserting ``by as soon as practicable, but in no case later than within
5 days,''.
(b) Penalty for Failure To Report a Casualty.--Section 6103(a) of
title 46, United States Code is amended by striking ``$1,000'' and
inserting ``not more than $25,000''.
SEC. 604. REPORT ON FEASIBILITY OF ESTABLISHING A DIFFERENTIAL GLOBAL
POSITIONING SATELLITE NAVIGATION SYSTEM AND ELECTRONIC
CHARTS FOR INLAND WATERWAYS.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of Transportation shall submit a report to the
Congress on the feasibility of establishing a differential global
positioning satellite navigation system and creating electronic charts
for the inland waterways of the United States.
SEC. 605. PROTECTION OF SEAMEN AGAINST DISCRIMINATION.
Section 2114 of title 46, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) An owner, charterer, managing operator, agent, master, or
individual in charge of a vessel may not discharge, temporarily remove,
or in any manner discriminate against a seaman because the seaman--
``(1) in good faith has reported or is about to report to
the Coast Guard that the seaman believes that a violation of
this subtitle, or a regulation issued under this subtitle, has
occurred; or
``(2) refuses to violate this subtitle or a regulation
issued under this subtitle.''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``and'' after the
semicolon;
(B) in paragraph (2) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) an award of cost and reasonable attorney's fees to
the prevailing plaintiff.''.
SEC. 606. MANNING AND LICENSING REQUIREMENTS FOR TOWING VESSELS.
(a) Manning Requirements.--Section 8904 of title 46, United States
Code, is amended by adding at the end the following:
``(c) A towing vessel, other than a vessel referred to in
subsection (b), shall--
``(1) while being operated, have on board an individual
licensed by the Secretary as a master of that type of towing
vessel; and
``(2) be operated by an individual licensed by the
Secretary to operate that type of towing vessel.''.
(b) Regulations Establishing Licenses for Masters and Operators.--
Section 7101 of title 46, United States Code, is amended by adding at
the end the following:
``(j)(1) The Secretary shall prescribe regulations which establish
licenses for masters and mates of towing vessels.
``(2) Regulations under this subsection shall provide that an
individual may be issued a license as a master or mate of a towing
vessel only if the individual--
``(A) demonstrates proficiency in the use of the equipment
required pursuant to section 4102(f)(1)(C) of this title; and
``(B) demonstrates proficiency in operating a towing
vessel.
``(3) Regulations under this subsection may establish standards and
procedures under which the Secretary may delegate, to individuals who
have experience in the operation of towing vessels and to other
qualified persons, the authority to conduct examinations required for
the issuance of a license as a master or mate of a towing vessel.''.
(c) Existing Uninspected Towing Vessel Operator License Holders.--
An uninspected towing vessel operator license that is valid on the date
of enactment of this Act shall be valid as a master or mate license
required by section 8904 of title 46, United States Code, as amended by
this section, until otherwise required to be renewed. The Secretary
shall require that an individual applying for a first renewal of such a
license as a master or mate license under that section demonstrate
proficiency under the requirements of section 7101(j) of title 46,
United States Code, as added by this section.
(d) Effective Date.--The amendments made by this section shall take
effect 2 years after the date of the enactment of this Act.
(e) Deadline for Regulations.--The Secretary of the department in
which the Coast Guard is operating shall issue regulations under the
amendments made by this section by not later than 1 year after the date
of the enactment of this Act.
SEC. 607. CIVIL PENALTIES.
(a) Prohibited Operation of Uninspected Towing Vessel, Generally.--
Section 4106 of title 46, United States Code, is amended by striking
``$5,000'' and inserting ``$25,000''.
(b) Operation of Uninspected Towing Vessel in Violation of Manning
Requirements.--Section 8906 of title 46, United States Code, is amended
by striking ``$1,000'' and inserting ``not more than $25,000''.
SEC. 608. MODEL TOWING VESSEL COMPANY INSPECTION PROGRAM.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of the department in which the Coast Guard is operating,
in consultation with the Towing Safety Advisory Committee, shall--
(1) develop a model towing vessel company inspection
program, including a Coast Guard boarding program to determine
compliance with the model program; and
(2) submit to the Congress for its approval the model
program and a description of the statutory changes necessary to
implement the model program.
SEC. 609. MERCHANT MARINERS' DOCUMENTS REQUIRED.
(a) Requirement.--Section 8701(a) of title 46, United States Code,
is amended--
(1) by striking ``100'' and inserting ``5'';
(2) in paragraph (1), by striking ``a vessel operating only
on rivers and lakes (except the Great Lakes);'' and inserting
``a small passenger vessel, or an uninspected passenger
vessel;'';
(3) by striking paragraph (2), and redesignating the
subsequent paragraphs accordingly; and
(4) in paragraph (6) (as so redesignated) by striking
``clause (6)'' and inserting ``paragraph (5)''.
(b) Exceptions.--Section 8701(b) of title 46, United States Code,
is amended--
(1) by striking ``A person'' and inserting ``(1) Except as
provided in paragraph (2), a person''; and
(2) by adding at the end the following:
``(2) The Secretary shall prescribe regulations which exempt from
paragraph (1)--
``(A) engagement or employment of an individual in any
position, on a passenger vessel, that is not listed in the
Certificate of Inspection for the vessel;
``(B) engagement or employment of an individual in any
position, on a vessel of a type to which this section did not
apply on the day before the date of enactment of the Towing
Vessel Navigational Safety Act of 1994, for which the
individual is required to hold a license issued by the
Secretary under this title; and
``(C) service by an individual in a position described in
subparagraph (A) or (B).''.
(c) User Fee Exemption and Privacy of Information.--
(1) User fee exemption.--The Secretary of Transportation
may not collect a fee or charge under section 2110 of title 46,
United States Code, for any service related to a merchant
mariner's document required to be obtained under this title.
(2) Privacy of information.--The Secretary of
Transportation may not make available to a member of the public
any personal information concerning an individual required to
obtain a merchant mariner's document under this title.
(d) Effective Date.--The amendments made by this section shall take
effect 2 years after the date of the enactment of this Act.
TITLE VII--COAST GUARD REGULATORY REFORM
SEC. 701. SHORT TITLE.
This title may be cited as the ``Coast Guard Regulatory Reform Act
of 1994''.
SEC. 702. SAFETY MANAGEMENT.
(a) Management of Vessels.--Title 46, United States Code, is
amended by adding after chapter 31 the following new chapter:
``CHAPTER 32--MANAGEMENT OF VESSELS
``Sec.
``3201. Definitions.
``3202. Application.
``3203. Safety management system.
``3204. Implementation of safety management system.
``3205. Certification.
``Sec. 3201. Definitions
``In this chapter--
``(1) `International Safety Management Code' has the same
meaning given that term in chapter IX of the Annex to the
International Convention for the Safety of Life at Sea, 1974;
``(2) `responsible person' means--
``(A) the owner of a vessel to which this chapter
applies; or
``(B) any other person that has--
``(i) assumed the responsibility for
operation of a vessel to which this chapter
applies from the owner; and
``(ii) agreed to assume with respect to the
vessel responsibility for complying with all
the requirements of this chapter and the
regulations prescribed under this chapter.
``(3) `vessel engaged on a foreign voyage' means a vessel
to which this chapter applies--
``(A) arriving at a place under the jurisdiction of
the United States from a place in a foreign country;
``(B) making a voyage between places outside the
United States; or
``(C) departing from a place under the jurisdiction
of the United States for a place in a foreign country.
``Sec. 3202. Application
``(a) Mandatory Application.--This chapter applies to the following
vessels engaged on a foreign voyage:
``(1) Beginning July 1, 1998--
``(A) a vessel transporting more than 12 passengers
described in section 2101(21)(A) of this title; and
``(B) a tanker, bulk freight vessel, or high-speed
freight vessel, of at least 500 gross tons.
``(2) Beginning July 1, 2002, a freight vessel and a mobile
offshore drilling unit of at least 500 gross tons.
``(b) Voluntary Application.--This chapter applies to a vessel not
described in subsection (a) of this section if the owner of the vessel
requests the Secretary to apply this chapter to the vessel.
``(c) Exception.--Except as provided in subsection (b) of this
section, this chapter does not apply to--
``(1) a barge;
``(2) a recreational vessel not engaged in commercial
service;
``(3) a fishing vessel;
``(4) a vessel operating on the Great Lakes or its
tributary and connecting waters; or
``(5) a public vessel.
``Sec. 3203. Safety management system
``(a) In General.--The Secretary shall prescribe regulations which
establish a safety management system for responsible persons and
vessels to which this chapter applies, including--
``(1) a safety and environmental protection policy;
``(2) instructions and procedures to ensure safe operation
of those vessels and protection of the environment in
compliance with international and United States law;
``(3) defined levels of authority and lines of
communications between, and among, personnel on shore and on
the vessel;
``(4) procedures for reporting accidents and
nonconformities with this chapter;
``(5) procedures for preparing for and responding to
emergency situations; and
``(6) procedures for internal audits and management reviews
of the system.
``(b) Compliance With Code.--Regulations prescribed under this
section shall be consistent with the International Safety Management
Code with respect to vessels engaged on a foreign voyage.
``Sec. 3204. Implementation of safety management system
``(a) Safety Management Plan.--Each responsible person shall
establish and submit to the Secretary for approval a safety management
plan describing how that person and vessels of the person to which this
chapter applies will comply with the regulations prescribed under
section 3203(a) of this title.
``(b) Approval.--Upon receipt of a safety management plan submitted
under subsection (a), the Secretary shall review the plan and approve
it if the Secretary determines that it is consistent with and will
assist in implementing the safety management system established under
section 3203.
``(c) Prohibition on Vessel Operation.--A vessel to which this
chapter applies under section 3202(a) may not be operated without
having on board a Safety Management Certificate and a copy of a
Document of Compliance issued for the vessel under section 3205 of this
title.
``Sec. 3205. Certification
``(a) Issuance of Certificate and Document.--After verifying that
the responsible person for a vessel to which this chapter applies and
the vessel comply with the applicable requirements under this chapter,
the Secretary shall issue for the vessel, on request of the responsible
person, a Safety Management Certificate and a Document of Compliance.
``(b) Maintenance of Certificate and Document.--A Safety Management
Certificate and a Document of Compliance issued for a vessel under this
section shall be maintained by the responsible person for the vessel as
required by the Secretary.
``(c) Verification of Compliance.--The Secretary shall--
``(1) periodically review whether a responsible person
having a safety management plan approved under section 3204(b)
and each vessel to which the plan applies is complying with the
plan; and
``(2) revoke the Secretary's approval of the plan and each
Safety Management Certificate and Document of Compliance issued
to the person for a vessel to which the plan applies, if the
Secretary determines that the person or a vessel to which the
plan applies has not complied with the plan.
``(d) Enforcement.--At the request of the Secretary, the Secretary
of the Treasury shall withhold or revoke the clearance required by
section 4197 of the Revised Statutes (46 App. U.S.C. 91) of a vessel
that is subject to this chapter under section 3202(a) of this title or
to the International Safety Management Code, if the vessel does not
have on board a Safety Management Certificate and a copy of a Document
of Compliance for the vessel. Clearance may be granted on filing a bond
or other surety satisfactory to the Secretary.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle II of title 46, United States Code, is amended by inserting
after the item relating to chapter 31 the following:
``32. Management of vessels................................. 3201''.
(c) Study.--
(1) Study.--The Secretary of the department in which the
Coast Guard is operating shall conduct, in cooperation with the
owners, charterers, and managing operators of vessels
documented under chapter 121 of title 46, United States Code,
and other interested persons, a study of the methods that may
be used to implement and enforce the International Management
Code for the Safe Operation of Ships and for Pollution
Prevention under chapter IX of the Annex to the International
Convention for the Safety of Life at Sea, 1974.
(2) Report.--The Secretary shall submit to the Congress a
report of the results of the study required under paragraph (1)
before the earlier of--
(A) the date that final regulations are prescribed
under section 3203 of title 46, United States Code (as
enacted by subsection (a); or
(B) the date that is 1 year after the date of
enactment of this Act.
SEC. 703. USE OF REPORTS, DOCUMENTS, RECORDS, AND EXAMINATIONS OF OTHER
PERSONS.
(a) Reports, Documents, and Records.--Chapter 31 of title 46,
United States Code, is amended by adding the following new section:
``Sec. 3103. Use of reports, documents, and records
``The Secretary may rely, as evidence of compliance with this
subtitle, on--
``(1) reports, documents, and records of other persons who
have been determined by the Secretary to be reliable; and
``(2) other methods the Secretary has determined to be
reliable.''.
(b) Clerical Amendment.--The table of sections for chapter 31 of
title 46, United States Code, is amended by adding at the end the
following:
``3103. Use of reports, documents, and records.''.
(c) Examinations.--Section 3308 of title 46, United States Code, is
amended by inserting ``or have examined'' after ``examine''.
SEC. 704. EQUIPMENT APPROVAL.
(a) In General.--Section 3306(b) of title 46, United States Code,
is amended to read as follows:
``(b)(1) Equipment and material subject to regulation under this
section may not be used on any vessel without prior approval of the
Secretary.
``(2) Except with respect to use on a public vessel, the Secretary
may treat an approval of equipment or materials by a foreign government
as approval by the Secretary for purposes of paragraph (1) if the
Secretary determines that--
``(A) the design standards and testing procedures used by
that government meet the requirements of the International
Convention for the Safety of Life at Sea, 1974;
``(B) the approval of the equipment or material by the
foreign government will secure the safety of individuals and
property on board vessels subject to inspection; and
``(C) for lifesaving equipment, the foreign government--
``(i) has given equivalent treatment to approvals
of lifesaving equipment by the Secretary; and
``(ii) otherwise ensures that lifesaving equipment
approved by the Secretary may be used on vessels that
are documented and subject to inspection under the laws
of that country.''.
(b) Foreign Approvals.--The Secretary of Transportation, in
consultation with other interested Federal agencies, shall work with
foreign governments to have those governments approve the use of the
same equipment and materials on vessels documented under the laws of
those countries that the Secretary requires on United States documented
vessels.
(c) Technical Amendment.--Section 3306(a)(4) of title 46, United
States Code, is amended by striking ``clauses (1)-(3)'' and inserting
``paragraphs (1), (2), and (3)''.
SEC. 705. FREQUENCY OF INSPECTION.
(a) Frequency of Inspection, Generally.--Section 3307 of title 46,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``nautical school vessel'' and
inserting ``, nautical school vessel, and small
passenger vessel allowed to carry more than 12
passengers on a foreign voyage''; and
(B) by adding ``and'' after the semicolon at the
end;
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(3) in paragraph (2) (as so redesignated), by striking ``2
years'' and inserting ``5 years''.
(b) Conforming Amendment.--Section 3710(b) of title 46, United
States Code, is amended by striking ``24 months'' and inserting ``5
years''.
SEC. 706. CERTIFICATE OF INSPECTION.
Section 3309(c) of title 46, United States Code, is amended by
striking ``(but not more than 60 days)''.
SEC. 707. DELEGATION OF AUTHORITY OF SECRETARY TO CLASSIFICATION
SOCIETIES.
(a) Authority To Delegate.--Section 3316 of title 46, United States
Code, is amended--
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(3) in subsection (b), as so redesignated, by--
(A) redesignating paragraph (2) as paragraph (3);
and
(B) striking so much of the subsection as precedes
paragraph (3), as so redesignated, and inserting the
following:
``(b)(1) The Secretary may delegate to the American Bureau of
Shipping or another classification society recognized by the Secretary
as meeting acceptable standards for such a society, for a vessel
documented or to be documented under chapter 121 of this title, the
authority to--
``(A) review and approve plans required for issuing a
certificate of inspection required by this part;
``(B) conduct inspections and examinations; and
``(C) issue a certificate of inspection required by this
part and other related documents.
``(2) The Secretary may make a delegation under paragraph (1) to a
foreign classification society only--
``(A) to the extent that the government of the foreign
country in which the society is headquartered delegates
authority and provides access to the American Bureau of
Shipping to inspect, certify, and provide related services to
vessels documented in that country; and
``(B) if the foreign classification society has offices and
maintains records in the United States.''.
(b) Conforming Amendments.--(1) The heading for section 3316 of
title 46, United States Code, is amended to read as follows:
``Sec. 3316. Classification societies''.
(2) The table of sections for chapter 33 of title 46, United States
Code, is amended by striking the item relating to section 3316 and
inserting the following:
``3316. Classification societies.''.
SEC. 708. STUDY OF MARINE CASUALTY REPORTING REQUIREMENTS.
The Coast Guard shall, within 9 months after the effective date of
this title, conduct a study of current regulatory requirements
regarding the reporting of marine casualties under section 6101 of
title 46, United States Code, to determine whether--
(1) marine casualties should be classified according to the
seriousness of nonfatal casualties;
(2) further regulations pertaining to the necessity for
alcohol and drug testing for each classification need to be
proposed;
(3) the regulations may exclude certain non-serious
casualties from the requirement that drug or alcohol testing be
performed; and
(4) the reporting of certain marine casualties that may be
classified as minor may be done on a quarterly basis.
TITLE VIII--UNITED STATES CRUISE VESSEL DEVELOPMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``United States Cruise Vessel
Development Act''.
SEC. 802. PURPOSE.
The purpose of this title is to promote construction and operation
of United States flag cruise vessels in the United States.
SEC. 803. COASTWISE TRANSPORTATION OF PASSENGERS.
Section 8 of the Act entitled ``An Act to abolish certain fees for
official services to American vessels, and to amend the laws relating
to shipping commissioners, seamen, and owners of vessels, and for other
purposes'', approved June 19, 1886 (46 App. U.S.C. 289), is amended to
read as follows:
``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.
``(a) In General.--Except as otherwise provided by law, a vessel
may transport passengers in coastwise trade only if--
``(1) the vessel is owned by a person that is--
``(A) an individual who is a citizen of the United
States; or
``(B) a corporation, partnership, or association
that is a citizen of the United States under section
2(a) of the Shipping Act, 1916;
``(2) the vessel meets the requirements of section 27 of
the Merchant Marine Act, 1920; and
``(3) for a vessel that is at least 5 net tons, the vessel
is issued a certificate of documentation under chapter 121 of
title 46, United States Code, with a coastwise endorsement.
``(b) Exception for Vessel Under Demise Charter.--
``(1) In general.--Subsection (a)(1) does not apply to a
cruise vessel operating under a demise charter that--
``(A) has a term of at least 18 months; and
``(B) is to a person described in subsection
(a)(1).
``(2) Extension of period for operation.--A cruise vessel
authorized to operate in coastwise trade under paragraph (1)
based on a demise charter described in paragraph (1) may
operate in that coastwise trade during a period following the
termination of the charter of not more than 6 months, if the
operation--
``(A) is approved by the Secretary; and
``(B) in accordance with such terms as may be
prescribed by the Secretary for that approval.
``(c) Exception for Vessel To Be Reflagged.--
``(1) Exception.--Subsection (a)(2) and section
12106(a)(2)(A) of title 46, United States Code, do not apply to
a cruise vessel if--
``(A) the vessel--
``(i) is not documented under chapter 121
of title 46, United States Code, on the date of
enactment of the United States Cruise Vessel
Development Act; and
``(ii) is not less than 5 years old and not
more than 15 years old on the first date that
the vessel is documented under that chapter
after that date of enactment; and
``(B) the owner or charterer of the vessel has
entered into a contract for the construction in the
United States of another cruise vessel that has a total
berth or stateroom capacity that is at least 80 percent
of the capacity of the cruise vessel.
``(2) Termination of authority to operate.--Paragraph (1)
does not apply to a vessel after the date that is 18 months
after the date on which a certificate of documentation with a
coastwise endorsement is first issued for the vessel after the
date of enactment of the United States Cruise Vessel
Development Act if, before the end of that 18-month period, the
keel of another vessel has not been laid, or another vessel is
not at a similar stage of construction, under a contract
required for the vessel under paragraph (1)(B).
``(3) Extension of period before termination.--The
Secretary of Transportation may extend the period under
paragraph (2) for not more than 6 months for good cause shown.
``(d) Limitation on Operations.--A person (including a related
person with respect to that person) that owns or charters a cruise
vessel operating in coastwise trade under subsection (b) or (c) under a
coastwise endorsement may not operate any vessel between--
``(1) any 2 ports served by another cruise vessel that
transports passengers in coastwise trade under subsection (a)
on the date the Secretary issues the coastwise endorsement; or
``(2) the islands of Hawaii.
``(e) Penalties.--
``(1) Civil penalty.--A person operating a vessel in
violation of this section is liable to the United States
Government for a civil penalty of $1,000 for each passenger
transported in violation of this section.
``(2) Forfeiture.--A vessel operated in knowing violation
of this section, and its equipment, are liable to seizure by
and forfeiture to the United States Government.
``(3) Disqualification from coastwise trade.--A person that
is required to enter into a construction contract under
subsection (c)(1)(B) with respect to a cruise vessel (including
any related person with respect to that person) may not own or
operate any vessel in coastwise trade after the period
applicable under subsection (c)(2) with respect to the cruise
vessel, if before the end of that period a keel is not laid and
a similar stage of construction is not reached under such a
contract.
``(f) Definitions.--In this section--
``(1) the term `coastwise trade' includes transportation of
a passenger between points in the United States, either
directly or by way of a foreign port;
``(2) the term `cruise vessel' means a vessel that--
``(A) is at least 10,000 gross tons (as measured
under chapter 143 of title 46, United States Code);
``(B) has berth or stateroom accommodations for at
least 200 passengers; and
``(C) is not a ferry; and
``(3) the term `related person' means, with respect to a
person--
``(A) a holding company, subsidiary, affiliate, or
association of the person; and
``(B) an officer, director, or agent of the person
or of an entity referred to in subparagraph (A).''.
SEC. 804. CONSTRUCTION STANDARDS.
Section 3309 of title 46, United States Code, is amended by adding
at the end the following:
``(d)(1) A vessel described in paragraph (3) is deemed to comply
with parts B and C of this subtitle.
``(2) The Secretary shall issue a certificate of inspection under
subsection (a) to a vessel described in paragraph (3).
``(3) A vessel is described in this paragraph if--
``(A) it meets the standards and conditions for the
issuance of a control verification certificate to a foreign
vessel embarking passengers in the United States;
``(B) a coastwise endorsement is issued for the vessel
under section 12106 of this title after the date of enactment
of the United States Cruise Vessel Development Act; and
``(C) the vessel is authorized to engage in coastwise trade
by reason of section 8(c) of the Act entitled `An Act to
abolish certain fees for official services to American vessels,
and to amend the laws relating to shipping commissioners,
seamen, and owners of vessels, and for other purposes',
approved of June 19, 1886.''.
SEC. 805. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION.
Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), is
amended--
(1) in subsection (a) by inserting ``other than primarily
in the transport of passengers,'' after ``the coastwise
trade''; and
(2) by adding at the end the following:
``(e) For purposes of determining citizenship under subsection (a)
with respect to operation of a vessel primarily in the transport of
passengers in coastwise trade, the controlling interest in a
partnership or association that owns the vessel shall not be deemed to
be owned by citizens of the United States unless a majority interest in
the partnership or association is owned by citizens of the United
States free from any trust or fiduciary obligation in favor of any
person that is not a citizen of the United States.''.
SEC. 806. AMENDMENT TO TITLE XI OF THE MERCHANT MARINE ACT, 1936.
Section 1101(b) of the Merchant Marine Act, 1936 (46 App. U.S.C.
1271(b)) is amended by striking ``passenger cargo'' and inserting
``passenger, cargo,''.
SEC. 807. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL PARK SYSTEM.
(a) Priority.--Notwithstanding any other provision of law, the
Secretary of the Interior may not permit a person to operate a vessel
in any unit of the National Park System except in accordance with the
following priority:
(1) First, any person that--
(A) will operate a vessel that is documented under
the laws of, and the home port of which is located in,
the United States; or
(B) holds rights to provide visitor services under
section 1307(a) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3197(A)).
(2) Second, any person that will operate a vessel that--
(A) is documented under the laws of a foreign
country, and
(B) on the date of the enactment of this Act is
permitted to be operated by the person in the unit.
(3) Third, any person that will operate a vessel other than
a vessel described in paragraph (1) or (2).
(b) Revocation of Permits for Foreign-Documented Vessels.--The
Secretary of the Interior shall revoke or refuse to renew permission
granted by the Secretary for the operation of a vessel documented under
the laws of a foreign country in a unit of the National Park System,
if--
(1) a person requests permission to operate a vessel
documented under the laws of the United States in that unit;
and
(2) the permission may not be granted because of a limit on
the number of permits that may be issued for that operation.
(c) Restrictions on Revocation of Permits.--The Secretary of the
Interior may not revoke or refuse to renew permission under subsection
(b) for any person holding rights to provide visitor services under
section 1307(a) of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3197(a)).
(d) Return of Permits.--Any person whose permission to provide
visitors services in a unit of the National Park System has been
revoked or not renewed under subsection (b) shall have the right of
first refusal to a permit to provide visitors services in that unit of
the National Park System that becomes available when the conditions
described in subsection (b) no longer apply. Such right shall be
limited to the number of permits which are revoked or not renewed.
TITLE IX--BOATING IMPROVEMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Boating Improvement Act of 1994''.
SEC. 902. BOATING SAFETY GRANTS.
(a) Transfer of Amounts for State Boating Safety Programs.--
(1) Transfers.--Section 4(b) of the Act of August 9, 1950
(16 U.S.C. 777c(b)), is amended to read as follows:
``(b)(1) Of the balance of each annual appropriation remaining
after making the distribution under subsection (a), an amount equal to
$15,000,000 for fiscal year 1995, $40,000,000 for fiscal year 1996,
$55,000,000 for fiscal year 1997, and $69,000,000 for each of fiscal
years 1998 and 1999, shall, subject to paragraph (2), be used as
follows:
``(A) A sum equal to $7,500,000 of the amount available for
fiscal year 1995, and a sum equal to $10,000,000 of the amount
available for each of fiscal years 1996 and 1997, shall be
available for use by the Secretary of the Interior for grants
under section 5604(c) of the Clean Vessel Act of 1992. Any
portion of such a sum available for a fiscal year that is not
obligated for those grants before the end of the following
fiscal year shall be transferred to the Secretary of
Transportation and shall be expended by the Secretary of
Transportation for State recreational boating safety programs
under section 13106 of title 46, United States Code.
``(B) A sum equal to $7,500,000 of the amount available for
fiscal year 1995, $30,000,000 of the amount available for
fiscal year 1996, $45,000,000 of the amount available for
fiscal year 1997, and $59,000,000 of the amount available for
each of fiscal years 1998 and 1999, shall be transferred to the
Secretary of Transportation and shall be expended by the
Secretary of Transportation for State recreational boating
safety programs under section 13106 of title 46, United States
Code.
``(C) A sum equal to $10,000,000 of the amount available
for each of fiscal years 1998 and 1999 shall be available for
use by the Secretary of the Interior for--
``(i) grants under section 903(e) of the Boating
Improvement Act of 1994; and
``(ii) grants under section 5604(c) of the Clean
Vessel Act of 1992.
Any portion of such a sum available for a fiscal year that is not
obligated for those grants before the end of the following fiscal year
shall be transferred to the Secretary of Transportation and shall be
expended by the Secretary of Transportation for State recreational
boating safety programs under section 13106 of title 46, United States
Code.
``(2)(A) Beginning with fiscal year 1996, the amount transferred
under paragraph (1)(B) for a fiscal year shall be reduced by the lesser
of--
``(i) the amount appropriated to the Secretary of
Transportation for that fiscal year to carry out the purposes
of section 13106 of title 46, United States Code, from the Boat
Safety Account in the Aquatic Resources Trust Fund established
under section 9504 of the Internal Revenue Code of 1986; or
``(ii) $35,000,000; or
``(iii) for fiscal year 1996 only, $30,000,000.
``(B) The amount of any reduction under subparagraph (A) shall be
apportioned among the several States under subsection (d) by the
Secretary of the Interior.''.
(2) Conforming amendment.--Section 5604(c)(1) of the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note) is amended by striking
``section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C.
777c(b)(2), as amended by this Act)'' and inserting ``section
4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1))''.
(3) Limitation on other distribution.--Notwithstanding any
other law, the amount distributed under section 4(a) of the Act
of August 9, 1950 (16 U.S.C. 777c(a)), in fiscal year 1996 may
not exceed $50,000,000.
(b) Expenditure of Amounts for State Recreational Boating Safety
Programs.--Section 13106 of title 46, United States Code, is amended--
(1) in subsection (a)(1) by striking the first sentence and
inserting the following: ``Subject to paragraph (2), the
Secretary shall expend under contracts with States under this
chapter in each fiscal year for State recreational boating
safety programs an amount equal to the sum of the amount
appropriated from the Boat Safety Account for that fiscal year
plus the amount transferred to the Secretary under section
4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1)) for
that fiscal year.''; and
(2) by amending subsection (c) to read as follows:
``(c) For expenditure under this chapter for State recreational
boating safety programs there are authorized to be appropriated to the
Secretary of Transportation from the Boat Safety Account established
under section 9503(c)(4) of the Internal Revenue Code of 1986 (26
U.S.C. 9503(c)(4)) not more than $35,000,000 each fiscal year.''.
SEC. 903. BOATING ACCESS.
(a) Findings.--The Congress makes the following findings:
(1) Nontrailerable recreational motorboats contribute 15
percent of the gasoline taxes deposited in the Aquatic
Resources Trust Fund while constituting less than 5 percent of
the recreational vessels in the United States.
(2) The majority of recreational vessel access facilities
constructed with Aquatic Resources Trust Fund moneys benefit
trailerable recreational vessels.
(3) More Aquatic Resources Trust Fund moneys should be
spent on recreational vessel access facilities that benefit
recreational vessels that are nontrailerable vessels.
(b) Purpose.--The purpose of this section is to provide funds to
States for the development of public facilities for transient
nontrailerable vessels.
(c) Survey.--Within 18 months after the date of the enactment of
this Act, any State may complete and submit to the Secretary of the
Interior a survey which identifies--
(1) the number and location in the State of all public
facilities for transient nontrailerable vessels; and
(2) the number and areas of operation in the State of all
nontrailerable vessels that operate on navigable waters in the
State.
(d) Plan.--Within 6 months after submitting a survey to the
Secretary of the Interior in accordance with subsection (c), a State
may develop and submit to the Secretary of the Interior a plan for the
construction and renovation of public facilities for transient
nontrailerable vessels to meet the needs of nontrailerable vessels
operating on navigable waters in the State.
(e) Grant Program.--
(1) Matching grants.--The Secretary of the Interior may
obligate not less than \1/2\ of the amount made available for
each of fiscal years 1998 and 1999 under section 4(b)(1)(C) of
the Act of August 9, 1950, as amended by section 902(a)(1) of
this title, to make grants to any State to pay not more than 75
percent of the cost of constructing or renovating public
facilities for transient nontrailerable vessels.
(2) Priorities.--
(A) In general.--In awarding grants under this
subsection, the Secretary of the Interior shall give
priority to projects that consist of the construction
or renovation of public facilities for transient
nontrailerable vessels in accordance with a plan
submitted by a State submitted under subsection (b).
(B) Within state.--In awarding grants under this
subsection for projects in a particular State, the
Secretary of the Interior shall give priority to
projects that are likely to serve the greatest number
of nontrailerable vessels.
SEC. 904. DEFINITIONS.
For the purpose of this title the term--
(1) ``Act of August 9, 1950'' means the Act entitled ``An
Act to provide that the United States shall aid the States in
fish restoration and management projects, and for other
purposes'', approved August 9, 1950 (16 U.S.C. 777a et seq.);
(2) ``nontrailerable vessel'' means a recreational vessel
greater than 26 feet in length;
(3) ``public facilities for transient nontrailerable
vessels'' means mooring buoys, day-docks, seasonal slips or
similar structures located on navigable waters, that are
available to the general public and designed for temporary use
by nontrailerable vessels;
(4) ``recreational vessel'' means a vessel--
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the
latter's pleasure; and
(5) ``State'' means each of the several States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana Islands.
TITLE X--DOCUMENTATION OF VESSELS
SEC. 1001. AUTHORIZATION OF DOCUMENTATION FOR VARIOUS VESSELS.
(a) In General.--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), the Act of May 28, 1906 (46 App. U.S.C. 292), and sections
12106, 12107, and 12108 of title 46, United States Code, the Secretary
of the department in which the Coast Guard is operating may issue a
certificate of documentation with appropriate endorsements for the
vessels listed in subsection (b).
(b) Vessels Described.--The vessels referred to in subsection (a)
are the following:
(1) ABORIGINAL (United States official number 942118).
(2) ALPHA TANGO (United States official number 945782)
(3) ANNAPOLIS (United States official number 999008).
(4) ARTHUR ATKINSON (former United States official number
214656).
(5) ATTITUDE (North Carolina registration number NC3607AN).
(6) BIG DAD (United States official number 565022).
(7) BROKEN PROMISE (United States official number 904435).
(8) CHESAPEAKE (United States official number 999010).
(9) CHRISSY (Maine registration number ME4778B).
(10) CONSORT (United States official number 999005).
(11) CURTIS BAY (United States official number 999007).
(12) EAGLE MAR (United States official number 575349).
(13) ENDEAVOR (United States official number 947869).
(14) FIFTY ONE (United States official number 1020419).
(15) FIREBIRD (United States official number 253656).
(16) GIBRALTAR (United States official number 668634).
(17) HAMPTON ROADS (United States official number 999009).
(18) ISABELLE (United States official number 600655).
(19) JAMESTOWN (United States official number 999006).
(20) JOAN MARIE (North Carolina official number NC2319AV).
(21) KLIPPER (New York registration number NY8166AN).
(22) L.R. BEATTIE (United States official number 904161).
(23) LADY ANGELA (United States official number 933045).
(24) LADY HAWK (United States official number 961095).
(25) LADY HELEN (United States official number 527746).
(26) MANDIRAN (United States official number 939915).
(27) MEMORY MAKER (Maryland registration number MD8867AW,
hull number 3151059).
(28) OLD HAT (United States official number 508299).
(29) ORCA (United States official number 504279).
(30) REEL TOY (United States official number 698383).
(31) RENDEZVOUS (United States official number 924140).
(32) SALLIE D (Maryland registration number MD2655A).
(33) SEAHAWK (United States official number 673537).
(34) SEAHAWK III (United States official number 996375).
(35) SEA MISTRESS (United States official number 696806).
(36) SHAMROCK V (United States official number 900936).
(37) SILENT WINGS (United States official number 969182).
(38) SPIRIT OF THE PACIFIC NORTHWEST (Bahamian official
number 725338).
(39) SUNSHINE (United States official number 974320).
(40) TECUMSEH (United States official number 668633).
(41) VIKING (former United States official number 224430).
(42) WOLF GANG II (United States official number 984934).
(43) A hopper barge owned by Foley & Foley Marine
Contractors, Inc. (United States official number 264959).
(44) Each of 2 barges owned by Roen Salvage Co., numbered
103 and 203.
(45) Each of 3 spud barges owned by Dan's Excavating, Inc.,
as follows:
(A) Spud barge 102 (United States official number
1021958).
(B) Spud barge 103 (United States official number
1021960).
(C) Spud barge 968 (United States official number
1021959).
(46) Each of 3 barges owned by Harbor Marine Corporation of
Rhode Island, as follows:
(A) HARBOR 223 (approximately 110 feet in length).
(B) GENE ELIZABETH (approximately 200 feet in
length).
(C) HARBOR 221 (approximately 90 feet in length).
(47) SMALLEY 6808 Amphibious Dredge (Florida registration
number FL1855FF).
(48) TOO MUCH FUN (United States official number 936565).
SEC. 1002. AUTHORIZATION OF DOCUMENTATION FOR THE ATLANTIS III.
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 the
department in which the Coast Guard is operating may issue a
certificate of documentation with appropriate coastwise endorsement for
employment in the coastwise trade in Alaska during the period beginning
May 1, 1995, and ending October 31, 1996, for the vessel ATLANTIS III
(Canadian official number CG006455).
SEC. 1003. AUTHORIZATION OF SALE AND REREGISTRATION.
Notwithstanding any other law or agreement with the United States
Government, the vessels SS LAKE CHARLES (United States official number
619531) and SS LOUISIANA (United States official number 619532) may be
sold to a person that is not a citizen of the United States and
transferred to or placed under a foreign registry if an application to
authorize payment of operating-differential subsidy to the vessels is
not approved by December 15, 1994.
SEC. 1004. VESSEL DOCUMENTATION FOR CHARITY CRUISES.
(a) Authority To Document Vessels.--
(1) In general.--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, and subject to paragraph (2), the Secretary of the
department in which the Coast Guard is operating may issue a
certificate of documentation with a coastwise endorsement for
each of the vessels--
(A) GALLANT LADY (Feadship hull number 645,
approximately 130 feet in length); and
(B) GALLANT LADY (Feadship hull number 651,
approximately 172 feet in length).
(2) Limitation on operation.--Coastwise trade authorized
under a certificate of documentation issued for a vessel under
this section shall be limited to carriage of passengers in
association with contributions to charitable organizations no
portion of which is received, directly or indirectly, by the
owner of the vessel.
(3) Condition.--The Secretary may not issue any certificate
of documentation under paragraph (1) unless the owner of the
vessel referred to in paragraph (1)(A) (in this section
referred to as the ``owner''), within 90 days after the date of
the enactment of this Act, submits to the Secretary a letter
expressing the intent of the owner to enter into a contract
before October 1, 1996, for construction in the United States
of a passenger vessel of at least 130 feet in length.
(4) Effective date of certificates.--A certificate of
documentation issued under paragraph (1)--
(A) for the vessel referred to in paragraph (1)(A),
shall take effect on the date of issuance of the
certificate; and
(B) for the vessel referred to in paragraph (1)(B),
shall take effect on the date of delivery of the vessel
to the owner.
(b) Termination of Effectiveness of Certificates.--A certificate of
documentation issued for a vessel under section (a)(1) shall expire--
(1) on the date of the sale of the vessel by the owner;
(2) on October 1, 1996, if the owner has not entered into a
contract for construction of a vessel in accordance with the
letter of intent submitted to the Secretary under subsection
(a)(3); and
(3) on any date on which such a contract is breached,
rescinded, or terminated (other than for completion of
performance of the contract) by the owner.
SEC. 1005. EXTENSION OF DEADLINE FOR THE M/V TWIN DRILL.
Section 601(d) of Public Law 103-206 is amended by striking ``June
30'' in subpart (3) and inserting ``December 31'' and by striking
``12'' in subpart (4) and inserting ``18''.
TITLE XI--UNITED STATES PASSENGER VESSEL FLAG ACT OF 1994
SEC. 1101. SHORT TITLE.
This title may be cited as the ``United States-Flag Passenger
Vessel Act of 1994''.
SEC. 1102. COASTWISE TRANSPORTATION OF PASSENGERS.
(a) In General.--Section 8 of the Act of June 19, 1886 (46 App.
U.S.C. 289), is amended--
(1) by inserting ``(a)'' after ``Sec. 8.''; and
(2) by adding at the end the following new subsections:
``(b) Voyages-To-Nowhere.--
``(1) In general.--Notwithstanding any other law, a vessel
may transport passengers on a covered voyage from a place in
the United States subject to the coastwise trade laws only if--
``(A) the vessel is owned by a person that is--
``(i) an individual who is a citizen of the
United States; or
``(ii) a corporation, partnership, or
association that is a citizen of the United
States under section 2(a) of the Shipping Act,
1916; and
``(B) for a vessel that is at least 5 net tons, the
vessel is documented under chapter 121 of title 46,
United States Code, with a coastwise endorsement.
``(2) Penalties.--
``(A) Civil penalty.--A person operating a vessel
in violation of this subsection is liable to the United
States Government for a civil penalty of $1,000 for
each passenger transported in violation of this
subsection.
``(B) Forfeiture.--A vessel operated in knowing
violation of this subsection, and its equipment, are
liable to seizure by and forfeiture to the United
States Government.
``(c) Definitions.--For purposes of this section--
``(1) the term `covered voyage' means transportation of a
passenger from a place in any State or possession of the United
States and returning to that place, if during that
transportation no passenger departs from the vessel in a
foreign country; and
``(2) the term `passenger' does not include a travel agent
on a voyage if--
``(A) the purpose of the voyage is to promote
future trips on the vessel;
``(B) money is not paid to the vessel owner or
charterer for the voyage; and
``(C) the voyage goes beyond the territorial sea of
the United States.''.
(b) Exception.--
(1) In general.--Notwithstanding the amendments made by
subsection (a), an ineligible vessel may engage in transport of
passengers in coastwise trade (as those terms are defined in
those amendments) on a trade route, if--
(A) the vessel engaged, in the period beginning
January 1, 1990, and ending March 9, 1993, in transport
of passengers in coastwise trade on that trade route;
and
(B) within one year after the date of the enactment
of this Act, the owner files with the Secretary of
Transportation an affidavit certifying compliance with
subparagraph (A) and listing each trade route on which
the vessel engaged in transport of passengers in
coastwise trade in the period described in subparagraph
(A).
(2) Scheduled expiration of exception.--Paragraph (1) does
not apply to an ineligible vessel after the later of--
(A) January 1, 2000,
(B) the date that is 15 years after the date of
completion of construction of the vessel, or
(C) the date that is 15 years after the date of
completion of any major conversion of the vessel that
is begun before the date of the enactment of this Act.
(3) Expiration of exception for failure to recrew.--
Paragraph (1) does not apply to an ineligible vessel after the
date that is 5 years after the date of the enactment of this
Act, unless--
(A) each individual employed on the vessel after
the one-year period beginning on the date of the
enactment of this Act is either a citizen of the United
States or an alien lawfully admitted to the United
States for permanent residence; and
(B) not more than 25 percent of the total number of
individuals employed on the vessel after the one-year
period beginning on the date of the enactment of this
Act are aliens lawfully admitted to the United States
for permanent residence.
(4) Termination of exception upon entry of replacement.--
Paragraph (1) does not apply to an ineligible vessel with
respect to a trade route after the date of the entry into
service on that trade route of an eligible vessel, if--
(A) the eligible vessel has a passenger carrying
capacity that is equal to at least 75 percent of the
passenger carrying capacity of the ineligible vessel,
as determined by the Secretary of the Department in
which the Coast Guard is operating;
(B) the person that is the owner or charterer of
the eligible vessel submits to the Secretary of
Transportation, by not later than 270 days before the
date of that entry into service--
(i) a notice of the intent of the person to
enter into that service; and
(ii) such evidence as the Secretary may
require that the person is offering and
advertising that service;
(C) any individual employed on the ineligible
vessel after the one-year period beginning on the date
of the enactment of this Act--
(i) is not a citizen of the United States;
and
(ii) is not an alien lawfully admitted to
the United States for permanent residence; and
(D) more than 25 percent of the total number of
individuals employed on the ineligible vessel after the
one-year period beginning on the date of the enactment
of this Act are aliens lawfully admitted to the United
States for permanent residence.
(5) Termination of exception upon sale of vessel.--
Paragraph (1) does not apply to an ineligible vessel after any
date on which the vessel is sold after the date of the
enactment of this Act.
(6) Definitions.--In this subsection--
(A) the term ``eligible vessel'' means a vessel
that is eligible under chapter 121 of title 46, United
States Code, for a certificate of documentation
authorizing the vessel to engage in coastwise trade;
(B) the term ``ineligible vessel'' means a vessel
that is not eligible under chapter 121 of title 46,
United States Code, for a certificate of documentation
authorizing the vessel to engage in coastwise trade;
and
(C) the term ``major conversion'' has the meaning
that term has under section 2101 of title 46, United
States Code.
SEC. 1103. 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
sections 12106 and 12107 of title 46, United States Code, the Secretary
of Transportation may issue certificates of documentation with
appropriate endorsement for employment in the coastwise trade for the
vessel M/V Helton Voyager (Spanish registration lista 2A-Folio-592)
if--
(1) the person documenting the vessel entered a contract
before May 21, 1992, to purchase the vessel;
(2) the vessel undergoes a major conversion (as defined in
section 2101 of title 46, United States Code) in a United
States shipyard under a contract signed before January 1, 1994;
(3) the cost of the major conversion is more than the value
of the vessel before the major conversion; and
(4) the major conversion is completed and the vessel is
documented under chapter 121 of title 46, United States Code,
with a coastwise endorsement before January 1, 1995.
(b)(1) The vessel Star of Texas (Lloyds register number L5103936)
may engage in coastwise trade out of the Port of Galveston during the
5-year period beginning on the date of the enactment of this Act, if
during the period beginning 30 days after that date of enactment and
ending 5 years after that date of enactment--
(A) at least 60 employees engaged on the vessel are United
States citizens;
(B) of the employees engaged on the vessel who are United
States citizens, at least 60 are proficient in lifeboat
training, firefighting, and vessel evacuation under standards
certified by the United States Coast Guard;
(C) all repairs and alterations to the vessel are done in
United States shipyards;
(D) the vessel is a United States documented vessel before
the end of that period; and
(E) all other employees are instructed in basic safety
techniques.
(2) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883) and section 12106 of title 46, United States Code, and
subject to paragraph (1), the Secretary of Transportation may issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade in the period described in paragraph
(1) for a vessel described in that paragraph.
Passed the House of Representatives September 22, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
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