[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1052 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1052

  To authorize appropriations for fiscal years 1994 and 1995 for the 
                  Coast Guard, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 27 (legislative day, April 19), 1993

 Mr. Hollings (for himself, Mr. Stevens, and Mr. Kerry) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To authorize appropriations for fiscal years 1994 and 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 
1993''.

                        TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 1994.--Funds are authorized to be appropriated for 
necessary expenses of the Coast Guard for fiscal year 1994, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,609,747,000, of which--
                    (A) $25,000,000 shall be derived from the Oil Spill 
                Liability Trust Fund; and
                    (B) $32,250,000 shall be expended from the Boat 
                Safety Account.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $414,000,000, to remain available until expended, of 
        which $20,000,000 shall be derived from the Oil Spill Liability 
        Trust Fund.
            (3) For research, development, test, and evaluation, 
        $25,000,000, to remain available until expended, of which 
        $4,457,000 shall be derived from the Oil Spill Liability Trust 
        Fund.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $548,774,000, to remain 
        available until expended.
            (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, $12,940,000, to 
        remain available until expended.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities, $23,057,000, to remain available until 
        expended.
    (b) Fiscal Year 1995.--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, 
        $2,711,762,000, of which--
                    (A) $26,000,000 shall be derived from the Oil Spill 
                Liability Trust Fund; and
                    (B) $33,500,000 shall be expended from the Boat 
                Safety Account.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $596,000,000, to remain available until expended, of 
        which $20,500,000 shall be derived from the Oil Spill Liability 
        Trust Fund.
            (3) For research, development, test, and evaluation, 
        $25,750,000, to remain available until expended, of which 
        $4,600,000 shall be derived from the Oil Spill Liability Trust 
        Fund.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $579,500,000, to remain 
        available until expended.
            (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, $13,289,000 to 
        remain available until expended.
            (6) For environmental compliance and restoration at Coast 
        Guard Facilities, $23,749,000, to remain available until 
        expended.

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

    (a) Authorized Military Strength Level.--The Coast Guard is 
authorized an end-of-year strength for active duty personnel of 39,138 
as of September 30, 1994 (of which not more than 6,400 shall be 
commissioned officers), and 39,138 as of September 30, 1995 (of which 
not more than 6,400 shall be commissioned officers). 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 one hundred and eighty days or less.
    (b) Authorized Level of Military Training.--The Coast Guard is 
authorized average military training student loads as follows:
            (1) For recruit and special training, one thousand nine 
        hundred and eighty-six student years for fiscal year 1994 and 
        one thousand nine hundred and eighty-six student years for 
        fiscal year 1995.
            (2) For flight training, one hundred and fourteen student 
        years for fiscal year 1994 and one hundred and fourteen student 
        years for fiscal year 1995.
            (3) For professional training in military and civilian 
        institutions, three hundred and thirty-eight student years for 
        fiscal year 1994 and three hundred and thirty-eight student 
        years for fiscal year 1995.
            (4) For officer acquisition, nine hundred and fifty-five 
        student years for fiscal year 1994 and nine hundred and fifty-
        five student years for fiscal year 1995.

               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

SEC. 201. ELIMINATION OF PERMANENT CEILING ON NUMBER OF COMMISSIONED 
              OFFICERS.

    (a) Elimination of Ceiling.--Section 42 of title 14, United States 
Code, is amended by striking subsection (a), and by redesignating 
subsections (b) through (e) as subsections (a) through (d), 
respectively.
    (b) Conforming Amendments.--(1) Section 42(d) of title 14, United 
States Code, as redesignated by subsection (a) of this section, is 
amended by striking ``subsection (c)'' and inserting in lieu thereof 
``subsection (b)''.
    (2) The section heading for section 42 of title 14, United States 
Code, is amended by striking ``Number and distribution'' and inserting 
in lieu thereof ``Distribution''.
    (3) In the analysis for chapter 3 of title 14, United States Code, 
the item relating to section 42 is amended by striking ``Number and 
distribution'' and inserting in lieu thereof ``Distribution''.

SEC. 202. INCREASED GRADE FOR CHIEF OF STAFF.

    (a) Authority for Grade of Vice Admiral.--(1) Chapter 3 of title 
14, United States Code, is amended by inserting immediately after 
section 50 the following new section:
``Sec. 50a. Chief of Staff
    ``(a) The President may appoint, by and with the advice and consent 
of the Senate, a Chief of Staff of the Coast Guard who shall rank next 
after the area commanders and who shall perform such duties as the 
Commandant may prescribe. The Chief of Staff shall be appointed from 
the officers on the active duty promotion list serving above the grade 
of captain. The Commandant shall make recommendations for such 
appointment.
    ``(b) The Chief of Staff shall, while so serving, have the grade of 
vice admiral with the pay and allowances of that grade. The appointment 
and grade of the Chief of Staff shall be effective on the date the 
officer assumes that duty, and shall terminate on the date the officer 
is detached from that duty, except as provided in section 51(d) of this 
title.''.
    (2) The analysis for chapter 3 of title 14, United States Code, is 
amended by inserting immediately after the item relating to section 50 
the following new item:

``50a. Chief of Staff.''.
    (b) Elimination of Unnecessary Seniority Exception.--Section 41a(b) 
of title 14, United States Code, is amended by striking ``, except that 
the rear admiral serving as Chief of Staff shall be the senior rear 
admiral for all purposes other than pay''.
    (c) Clerical Amendments.--Section 41a of title 14, United States 
Code, is amended--
            (1) in subsection (c), by striking ``his'' and inserting in 
        lieu thereof ``that person's''; and
            (2) in subsection (d), by striking ``he'' and inserting in 
        lieu thereof ``that officer'', and by striking ``his'' and 
        inserting in lieu thereof ``that officer's''.

SEC. 203. CONTINUITY OF GRADE OF ADMIRALS AND VICE ADMIRALS.

    (a) Retirement.--(1) Section 51 of title 14, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d) An officer serving in the grade of admiral or vice admiral 
shall continue to hold that grade--
            ``(1) while being processed for physical disability 
        retirement, beginning on the day of the processing and ending 
        on the day that officer is retired, but not for more than one 
        hundred and eighty days; and
            ``(2) while awaiting retirement, beginning on the day that 
        officer is relieved from the position of Commandant, Vice 
        Commandant, Area Commander, or Chief of Staff and ending on the 
        day before the officer's retirement, but not for more than 
        sixty days.''.
    (2) Section 51 of title 14, United States Code, is further 
amended--
            (1) in subsections (a) and (b), by striking ``as Commander, 
        Atlantic Area, or Commander, Pacific Area'' each place it 
        appears and inserting in lieu thereof ``in the grade of vice 
        admiral''; and
            (2) in subsection (c), by striking ``his'' and inserting in 
        lieu thereof ``that officer's''.
    (b) Elimination of Unnecessary Provision for Chief of Staff.--
Section 290 of title 14, United States Code, is amended--
            (1) in subsection (a), by striking ``or in the position of 
        Chief of Staff'' in the second sentence; and
            (2) in subsection (f), by striking ``Chief of Staff or'' 
        each place it appears.
    (c) Conforming Amendment Relating to Retirement of Commandant.--
Section 46(a) of title 14, United States Code, is amended by striking 
``shall, at the expiration of his term, be retired with the grade of 
admiral.'' and inserting in lieu thereof ``shall be retired with the 
grade of admiral at the expiration of the appointed term, except as 
provided in section 51(d) of this title.''.
    (d) Conforming Amendments Relating to Retirement of Vice 
Commandant.--(1) Section 47 of title 14, United States Code, is 
amended--
            (A) by striking subsections (b), (c), and (d); and
            (B) in subsection (a)--
                    (i) by striking ``(a)'' at the beginning; and
                    (ii) by striking the last sentence and inserting in 
                lieu thereof ``The appointment and grade of a Vice 
                Commandant shall be effective on the date the officer 
                assumes that duty, and shall terminate on the date the 
                officer is detached from that duty, except as provided 
                in section 51(d) of this title.''.
    (2) The section heading for section 47 of title 47, United States 
Code, is amended by striking ``; retirement''.
    (3) The item relating to section 47 in the analysis for chapter 3 
of title 14, United States Code, is amended by striking ``; 
retirement''.
    (e) Conforming Amendments Relating to Area Commanders.--Section 50 
of title 14, United States Code, is amended--
            (1) in subsection (a) by striking ``his'' and inserting in 
        lieu thereof ``that area commander's''; and
            (2) in subsection (b) by striking the last sentence and 
        inserting in lieu thereof ``The appointment and grade of an 
        area commander shall be effective on the date the officer 
        assumes that duty, and shall terminate on the date the officer 
        is detached from that duty, except as provided in section 51(d) 
        of this title.''.

SEC. 204. VOLUNTEER SERVICES.

    Section 93 of title 14, United States Code, is amended--
            (1) by striking ``and'' at the end of subsection (r);
            (2) by striking the period at the end of subsection (s) and 
        inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new subsection:
            ``(t) enter into cooperative agreements with States, local 
        governments, nongovernmental organizations, and individuals, 
        and accept and utilize voluntary services, notwithstanding 
        section 1342 of title 31, United States Code, to provide for 
        the maintenance and improvement of natural and historic 
        resources on, or to benefit natural and historic research on, 
        Coast Guard facilities, subject to the requirement that--
                    ``(1) a person providing voluntary services under 
                this subsection shall not be considered a Federal 
                employee except for purposes of chapter 81 of title 5, 
                United States Code, with respect to compensation for 
                work-related injuries, and chapter 171 of title 28, 
                United States Code, with respect to tort claims; and
                    ``(2) a cooperative agreement under this subsection 
                shall provide for the Commandant and the other party or 
                parties to the agreement to--
                            ``(A) contribute funds on a matching basis 
                        to defray the cost of programs, projects, and 
                        activities under the agreement; or
                            ``(B) furnish services on a matching basis 
                        to carry out such programs, projects, and 
                        activities; or
                            ``(C) both contribute funds as described in 
                        subparagraph (A) and furnish services as 
                        described in subparagraph (B).''.

SEC. 205. RESERVE RETENTION BOARDS.

    Section 741(a) of title 14, United States Code, is amended by 
striking ``and are not on active duty and not on an approved list of 
selectees for promotion to the next higher grade'' and inserting in 
lieu thereof ``except those officers who are on extended active duty, 
are on a list of selectees for promotion, will complete 30 years' total 
commissioned service by 30 June next following the date on which the 
retention board is convened, or have reached age 59 by the date on 
which the retention board is convened''.

      TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICE MANAGEMENT

SEC. 301. NORTH ATLANTIC ROUTES.

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

SEC. 302. TECHNICAL AMENDMENT FOR BOAT SAFETY ACCOUNT.

    Section 9503(c)(4)(A)(ii) of the Internal Revenue Code of 1986 (26 
U.S.C. 9503(c)(4)(A)(ii)) is amended--
            (1) by striking ``No'' at the beginning of subclause (II) 
        and inserting in lieu thereof ``Subject to subclause (III), 
        no''; and
            (2) by adding at the end the following new subclause:
                                    ``(III) Calculation of amount in 
                                account.--Amounts previously 
                                appropriated from the Aquatic Resources 
                                Trust Fund for carrying out the 
                                purposes of section 13106 of title 46, 
                                United States Code, but not 
                                distributed, shall not be included when 
                                calculating whether the Boat Safety 
                                Account exceeds the limit established 
                                in subclause (II).''.

SEC. 303. UNMANNED SEAGOING BARGES.

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

            TITLE IV--ENGINEERING AND DEVELOPMENT AMENDMENTS

SEC. 401. COAST GUARD FAMILY HOUSING.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding at the end the following new section:
``Sec. 670. Procurement authority for family housing
    ``(a) The Coast Guard, on behalf of the United States, is 
authorized, where appropriate--
            ``(1) subject to the availability of appropriations 
        sufficient to cover its full obligations, to acquire real 
        property or interests therein by purchase, lease for a term not 
        to exceed five years, or otherwise, for use as Coast Guard 
        family housing units, including the acquisition of condominium 
        units, which may include the obligation to pay maintenance, 
        repair, and other condominium related fees; and
            ``(2) for adequate compensation, by sale, lease, or 
        otherwise, to dispose of any real property or interest therein 
        used for Coast Guard family housing units; except that such 
        disposition shall be made by the General Services 
        Administration in accordance with the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
    ``(b) In procuring real property and interests therein under 
subsection (a) of this section, the Coast Guard may use procedures 
other than competitive procedures in circumstances which are set forth 
in section 303(c) of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253(c)).
    ``(c)(1) For the purposes of this section, a multiyear contract is 
a contract to lease Coast Guard family housing units for more than one, 
but not more than five fiscal years.
    ``(2) The Coast Guard may enter into multiyear contracts under 
subsection (a) of this section whenever the Coast Guard finds that--
            ``(A) the use of such a contract will promote the 
        efficiency of the Coast Guard family housing program and will 
        result in reduced total costs under the contract; and
            ``(B) the estimates of both the cost of the contract and 
        the anticipated cost avoidance through the use of a multiyear 
        contract are realistic.
    ``(3) A multiyear contract authorized under subsection (a) of this 
section shall contain cancellation and termination provisions to the 
extent necessary to protect the best interests of the United States, 
and may include consideration of both recurring and nonrecurring costs. 
The contract may provide for a cancellation payment to be made. Amounts 
that were originally obligated for the cost of the contract may be used 
for cancellation or termination costs.''.
    (b) Conforming Amendment.--The analysis for chapter 17 of title 14, 
United States Code, as amended by this title, is further amended by 
adding at the end the following new item:

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

SEC. 402. AIR STATION CAPE COD IMPROVEMENTS.

    (a) In General.--Chapter 17 of title 14, United States Code, as 
amended by this title, is further amended by adding at the end the 
following new section:
``Sec. 671. Air Station Cape Cod improvements
    ``The Coast Guard may spend or obligate appropriated funds for the 
repair, improvement, restoration, or replacement of those federally or 
nonfederally owned support buildings, including appurtenances, which 
are on leased or permitted real property constituting Coast Guard Air 
Station Cape Cod, located on Massachusetts Military Reservation, Cape 
Cod, Massachusetts.''.
    (b) Conforming Amendment.--The analysis for chapter 17 of title 14, 
United States Code, as amended by this title, is further amended by 
adding at the end the following new item:

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

SEC. 403. LONG-TERM LEASE AUTHORITY FOR AIDS TO NAVIGATION.

    (a) In General.--Chapter 17 of title 14, United States Code, as 
amended by this title, is further amended by adding at the end the 
following new section:
``Sec. 672. Long-term lease authority for navigation and communications 
              systems sites
    ``(a) The Coast Guard, on behalf of the United States, is 
authorized, subject to the availability of appropriations, to enter 
into lease agreements to acquire real property or interests therein for 
a term not to exceed twenty years, inclusive of any automatic renewal 
clauses, for aids-to-navigation sites, vessel traffic service sensor 
sites, or National Distress System high level antenna sites. The lease 
agreements shall include cancellation and termination provisions to the 
extent necessary to protect the best interests of the United States. 
Cancellation payment provisions may include consideration of both 
recurring and nonrecurring costs associated with the real property 
interests under the contract. The lease agreements may provide for a 
cancellation payment to be made. Amounts that were originally obligated 
for the cost of the contract may be used for cancellation or 
termination costs.
    ``(b) In procuring real property and interests therein under 
subsection (a) of this section, the Coast Guard may use procedures 
other than competitive procedures in circumstances which are set forth 
in section 303(c) of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253(c)).
    ``(c)(1) The Coast Guard may enter into multiyear lease agreements 
under subsection (a) of this section whenever the Coast Guard finds 
that--
            ``(A) the use of such a lease agreement will promote the 
        efficiency of the aids-to-navigation program, vessel traffic 
        service program, or National Distress System program and will 
        result in reduced total costs under the agreement;
            ``(B) the minimum need for the real property or interest 
        therein to be leased is expected to remain substantially 
        unchanged during the contemplated lease period; and
            ``(C) the estimates of both the cost of the lease and the 
        anticipated cost avoidance through the use of a multiyear lease 
        are realistic.''.
    (b) Conforming Amendment.--The analysis for chapter 17 of title 14, 
United States Code, as amended by this title, is further amended by 
adding at the end of the following new item:

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

                     TITLE V--EDUCATIONAL RESEARCH

SEC. 501. AUTHORITY FOR EDUCATIONAL RESEARCH GRANTS.

    (a) In General.--Chapter 9 of title 14, United States Code, is 
amended by adding at the end the following new section:
``Sec. 196. Participation in Federal, State, or other educational 
              research grants
    ``Notwithstanding any other provision of law, the Coast Guard 
Academy may compete for and accept Federal, State, or other educational 
research grants, except that no such award may be accepted for the 
acquisition or construction of facilities, or for the routine functions 
of the Academy.''.
    (b) Conforming Amendment.--The analysis for chapter 9 of title 14, 
United States Code, is amended by adding at the end the following new 
item:

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

                   TITLE VI--PASSENGER VESSEL SAFETY

SEC. 601. SHORT TITLE.

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

SEC. 602. DEFINITION OF PASSENGER.

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

SEC. 603. DEFINITION OF PASSENGER VESSEL.

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

SEC. 604. DEFINITION OF SMALL PASSENGER VESSEL.

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

SEC. 605. DEFINITION OF UNINSPECTED PASSENGER VESSEL.

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

SEC. 606. DEFINITION OF PASSENGER FOR HIRE.

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

SEC. 607. DEFINITION OF CONSIDERATION.

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

SEC. 608. DEFINITION OF OFFSHORE SUPPLY VESSEL.

    Section 2101(19) of title 46, United States Code, is amended by 
inserting ``individuals in addition to the crew,'' immediately after 
``supplies,'' and by striking ``and is not a small passenger vessel''.

SEC. 609. DEFINITION OF SAILING SCHOOL VESSEL.

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

SEC. 610. DEFINITION OF SUBMERSIBLE VESSEL.

    Section 2101 of title 46, United States Code, is amended by 
inserting immediately after clause (37) the following new clause:
            ``(37a) `submersible vessel' means a vessel that is capable 
        of operating below the surface of the water.''.

SEC. 611. EXEMPTION AUTHORITY.

    (a) Section 2113 of title 46, United States Code, is amended to 
read as follows:
``Sec. 2113. Authority to exempt certain vessels
    ``If the Secretary decides that the application of a provision of 
part B, C, F, or G of this subtitle is not necessary in performing the 
mission of certain vessels engaged in excursions or an oceanographic 
research vessel, or not necessary for the safe operation of certain 
vessels carrying passengers, the Secretary by regulation may--
            ``(1) for an excursion vessel, issue a special permit 
        specifying the conditions of operation and equipment;
            ``(2) exempt an oceanographic research vessel from that 
        provision under conditions the Secretary may specify; and
            ``(3) establish different operating and equipment 
        requirements for uninspected passenger vessels described in 
        section 2101(42)(A) of this title.''.

SEC. 612. EQUIPMENT AND STANDARDS FOR UNINSPECTED PASSENGER VESSELS.

    Section 4105 of title 46, United States Code, is amended--
            (1) by redesignating the existing text as subsection (a); 
        and
            (2) by adding at the end the following new subsection:
    ``(b) Within 24 months after the date of enactment of this 
subsection, the Secretary shall, by regulation, require certain 
additional equipment (including liferafts or other lifesaving 
equipment), or establish construction standards or additional operating 
standards, for the uninspected passenger vessels described in section 
2101(42)(A) of this title.''.

SEC. 613. APPLICABILITY DATE FOR REVISED REGULATIONS.

    (a) Applicability Date for Certain Chartered Vessels.--Revised 
regulations governing small passenger vessels and passenger vessels, as 
the definitions of those terms in section 2101 of title 46, United 
States Code, are amended by this Act, shall not apply before May 1, 
1994, to such vessels when chartered with no crew provided.
    (b) Extension of Period.--The Secretary of the department in which 
the Coast Guard is operating may extend for up to 1 additional year the 
period of inapplicability specified in subsection (a) if the owner of 
the vessel concerned demonstrates to the satisfaction of the Secretary 
that a good faith effort, with due diligence and care, has failed to 
enable compliance with the regulations by May 1, 1994.

                                 <all>

S 1052 IS----2