[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1151 Introduced in House (IH)]

  1st Session
                                H. R. 1151

  To authorize appropriations for fiscal years 1996 and 1997 for the 
                  Coast Guard, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 1995

Mr. Traficant introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To authorize appropriations for fiscal years 1996 and 1997 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 for 
Fiscal Years 1996 and 1997''.

                        TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Funds are authorized to be appropriated for necessary expenses 
of the Coast Guard for fiscal year 1996, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,618,316,000 of which $25,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund.
            (2) For the acquisition, construction, renovation, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $428,200,000, 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, $22,500,000 to remain available until 
        expended, of which $3,150,000 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, 
        and 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, $582,022,000.
            (5) For alteration or removal of railroad and railroad/
        highway bridges over navigable waters of the United States 
        constituting obstructions to navigation associated with the 
        Bridge Alteration Program, $2,000,000, to remain available 
        until expended.
            (6) For necessary expenses to carry out the Coast Guard's 
        environmental compliance and restoration functions, other than 
        parts and equipment associated with operations and maintenance, 
        under chapter 19 of title 14, United States Code, at Coast 
        Guard facilities, $25,000,000, to remain available until 
        expended.
    (b) Funds are authorized to be appropriated for necessary expenses 
of the Coast Guard for fiscal year 1997, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        such sums as may be necessary, of which such sums as may be 
        necessary shall be derived from the Oil Spill Liability Trust 
        Fund.
            (2) For the acquisition, construction, renovation, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, such sums as may be necessary, to remain available 
        until expended, of which such sums as may be necessary 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, such sums as may be necessary to remain 
        available until expended, of which such sums as may be 
        necessary 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, 
        and 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, such sums as may be necessary.
            (5) For alteration or removal of railroad and railroad/
        highway bridges over navigable waters of the United States 
        constituting obstructions to navigation associated with the 
        Bridge Alteration Program, such sums as may be necessary, to 
        remain available until expended.
            (6) For necessary expenses to carry out the Coast Guard's 
        environmental compliance and restoration functions, other than 
        parts and equipment associated with operations and maintenance, 
        under chapter 19 of title 14, United States Code, at Coast 
        Guard facilities, such sums as may be necessary, to remain 
        available until expended.
    (c) Section 104 of title 49, United States Code, is amended by 
adding at the end thereof the following:
    ``(e) Notwithstanding the provisions of sections 101(d) and 144 of 
title 23, United States Code, highway bridges determined to be 
unreasonable obstructions to navigation under the Truman-Hobbs Act may 
be funded from amounts set aside from the discretionary bridge program. 
Of the amount authorized for each fiscal year for the discretionary 
bridge program, not more than $12,880,000 in the case of fiscal year 
1995, $14,200,000 in the case of fiscal year 1996, and not more than 
$17,250,000 in the case of fiscal year 1997 shall be available for such 
highway bridge projects. The Secretary shall transfer these allocations 
and the responsibility for administration of these funds to the United 
States Coast Guard.''.

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

    (a) The Coast Guard is authorized an end-of-year strength for 
active duty personnel of 38,400 as of September 30, 1996. 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) For fiscal year 1996, the Coast Guard is authorized average 
military training student loads as follows:
            (1) For recruit and special training, 1,604 student years.
            (2) For flight training, 85 student years.
            (3) For professional training in military and civilian 
        institutions, 330 student years.
            (4) For officer acquisition, 874 student years.
    (c) The Coast Guard is authorized an end-of-year strength for 
active duty personnel of 38,400 as of September 30, 1997. 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.
    (d) For fiscal year 1997, the Coast Guard is authorized average 
military training student loads as follows:
            (1) For recruit and special training, 1,642 student years.
            (2) For flight training, 103 student years.
            (3) For professional training in military and civilian 
        institutions, 303 student years.
            (4) For officer acquisition, 870 student years.

               TITLE II--PERSONNEL MANAGEMENT AMENDMENTS

SEC. 201. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON CERTAIN 
              COAST GUARD PERSONNEL.

    (a) Section 93 of title 14, United States Code, is amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (t)(2);
            (2) by striking the period at the end of paragraph (u) and 
        inserting a semicolon and the word ``and''; and
            (3) by adding at the end the following new subsection:
    ``(v) require that any officer, chief warrant officer, or enlisted 
member of the Coast Guard or Coast Guard Reserve (including a cadet or 
an applicant for appointment or enlistment to any of the foregoing and 
including any member of a uniformed service who is assigned to the 
Coast Guard) request that all information contained in the National 
Driver Register pertaining to the individual, as described in section 
30304(a) of title 49, United States Code, be made available to the 
Commandant under section 30305(a) of title 49, United States Code. The 
Commandant may receive the information and, upon receipt, shall make 
the information available to the individual.''.
    (b) Section 30305(b) of title 49, United States Code, is amended 
following paragraph (6) by redesignating paragraph (7) as paragraph (8) 
and inserting the following:
    ``(7) An individual who is an officer, chief warrant officer, or 
enlisted member of the Coast Guard or Coast Guard Reserve (including a 
cadet or an applicant for appointment or enlistment to any of the 
foregoing and including any member of a uniformed service who is 
assigned to the Coast Guard) may request the chief driver licensing 
official of a State to provide information about the individual under 
subsection (a) of this section to the Commandant. The Commandant may 
receive the information and shall make the information available to the 
individual. Information may not be obtained from the Register under 
this paragraph if the information was entered in the Register more than 
three years before the request, unless the information is about a 
revocation or suspension still in effect on the date of the request.''.

SEC. 202. CONFIDENTIALITY OF COAST GUARD MEDICAL QUALITY ASSURANCE 
              RECORDS.

    Section 645 of title 14, United States Code, is amended--
            (1) in subsection (a)(1), by inserting ``before, on, or 
        after November 4, 1992'' after ``carried out'';
            (2) following subsection (d)(2), by redesignating the 
        remaining subsections (d) through (h) as (e) through (i); and
            (3) in subsection (g), as redesignated, by striking 
        ``provides information to an individual'' and inserting 
        ``provides information to a person'' in its place.

SEC. 203. CONTRACTS FOR HEALTH CARE SERVICES.

    (a) Chapter 17 of title 14, United States Code, is amended by 
inserting after section 644 the following new section:
``Sec. 644a. Contracts for health care services
    ``(a) Subject to the availability of appropriations for this 
purpose, the Commandant may enter into personal services and other 
contracts to carry out health care responsibilities pursuant to section 
93 of this title and other applicable provisions of law pertaining to 
the provision of health care services to Coast Guard personnel and 
covered beneficiaries. The authority provided in this subsection is in 
addition to any other contract authorities of the Commandant provided 
by law or as delegated to the Commandant from time to time by the 
Secretary, including but not limited to authority relating to the 
management of health care facilities and furnishing of health care 
services pursuant to title 10 and title 14, United States Code.
    ``(b) The total amount of compensation paid to an individual in any 
year under a personal services contract entered into under subsection 
(a) shall not exceed the amount of annual compensation (excluding 
allowances for expenses) allowable for such contracts entered into by 
the Secretary of Defense pursuant to section 1091 of title 10, United 
States Code.
    ``(c)(1) The Secretary shall promulgate regulations to assure--
            ``(A) the provision of adequate notice of contract 
        opportunities to individuals residing in the area of a medical 
        treatment facility involved; and
            ``(B) consideration of interested individuals solely on the 
        basis of the qualifications established for the contract and 
        the proposed contract price.
    ``(2) Upon establishment of the procedures under paragraph (1), the 
Secretary may exempt personal services contracts covered by this 
section from the competitive contracting requirements specified in 
section 2304 of title 10, United States Code, or any other similar 
requirements of law.
    ``(d) The procedures and exemptions provided under subsection (c) 
shall not apply to personal services contracts entered into under 
subsection (a) with entities other than individuals or to any contract 
that is not an authorized personal services contract under subsection 
(a).''.
    (b) The table of sections at the beginning of chapter 17 of title 
14, United States Code, is amended by inserting after the item relating 
to section 644 the following:

``644a. Contracts for health care services.''.
    (c) This section shall take effect on October 1, 1995, or upon 
enactment, whichever is sooner. Any personal services contract entered 
into on behalf of the Coast Guard in reliance upon the authority of 
section 1091 of title 10, United States Code, before the effective date 
of this section, is confirmed and ratified and shall remain in effect 
in accordance with the terms of the contract.

SEC. 204. CAMPUS RECRUITING.

    Section 558 of the National Defense Authorization Act for Fiscal 
Year 1995, Public Law 103-337, is amended--
            (1) in subsection (a)(1) by inserting ``or the Department 
        of Transportation'' immediately after ``the Department of 
        Defense'';
            (2) in subsection (a)(1) by inserting ``or the Secretary of 
        Transportation,'' immediately after ``the Secretary of 
        Defense''; and
            (3) in subsection (b) by inserting ``and the Secretary of 
        Transportation'' immediately after ``the Secretary of 
        Education''.

     TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT

SEC. 301. AMENDMENT OF INLAND NAVIGATION RULES.

    The Inland Navigational Rules (33 U.S.C. 2001, et seq.) are 
amended--
            (1) by amending rule 9(e)(i) (33 U.S.C. 2009(e)(i)) to read 
        as follows:
    ``(i) In a narrow channel or fairway when overtaking, the power-
driven vessel intending to overtake another power-driven vessel shall 
indicate her intention by sounding the appropriate signal prescribed in 
rule 34(c) and take steps to permit safe passing. The power-driven 
vessel being overtaken, if in agreement, shall sound the same signal 
and may, if specifically agreed to, take steps to permit safe passing. 
If in doubt she shall sound the danger signal prescribed in rule 
34(d),'';
            (2) by amending rule 15(b) (33 U.S.C. 2015(b)) after 
        ``Secretary, a'' by inserting ``power-driven'';
            (3) by amending rule 23(a)(i) (33 U.S.C. 2023(a)(i)) after 
        ``masthead light forward;'' by striking ``except that a vessel 
        of less than 20 meters in length need not exhibit this light 
        forward of amidships but shall exhibit it as far forward as is 
        practicable;'';
            (4) by amending rule 24(f) (33 U.S.C. 2024(f)) after the 
        section heading, to read as follows:
    ``Provided that any number of vessels being towed alongside or 
pushed in a group shall be lighted as one vessel, except as provided in 
paragraph (iii)--
            ``(i) a vessel being pushed ahead, not being part of a 
        composite unit, shall exhibit at the forward end, sidelights 
        and a special flashing light;
            ``(ii) a vessel being towed alongside shall exhibit a 
        sternlight and at the forward end, sidelights and a special 
        flashing light; and
            ``(iii) when vessels are towed alongside on both sides of 
        the towing vessel a stern light shall be exhibited on the stern 
        of the outboard vessel on each side of the towing vessel, and a 
        single set of sidelights as far forward and as far outboard as 
        is practicable, and a single special flashing light.'';
            (5) by amending rule 26 (33 U.S.C. 2026)--
                    (A) in subsections (b)(i) and (c)(i) by striking 
                ``a vessel of less than 20 meters in length may instead 
                of this shape exhibit a basket;''; and
                    (B) in subsection (d), by striking ``A vessel 
                engaged in fishing in close proximity to other vessels 
                engaged in fishing may exhibit the additional signals 
                described in Annex II to these Rules.'' and 
                substituting ``The additional signals described in 
                annex II to these rules apply to a vessel engaged in 
                fishing in close proximity to other vessels engaged in 
                fishing.''; and
            (6) by amending rule 34(h) (33 U.S.C. 2034) to read as 
        follows:
    ``(h) `Agreement between vessels using radiotelephone or other 
communications' means a vessel that reaches agreement with another 
vessel in a head-on, crossing, or overtaking situation, as for example, 
by using the radiotelephone as prescribed by the Vessel Bridge-to-
Bridge Radiotelephone Act (85 Stat. 164; 33 U.S.C. 1201 et seq.), is 
not obliged to sound the whistle signals prescribed by this rule, but 
may do so. If agreement is not reached, then whistle signals shall be 
exchanged in a timely manner and shall prevail.''.

SEC. 302. NUMBERING OF UNDOCUMENTED BARGES.

    (a) Section 12301(b) of title 46, United States Code, is amended by 
adding at the end of the subsection ``chapter 131 does not apply to an 
undocumented vessel numbering system established under this 
subsection.''; and
    (b) Section 12302(b) of title 46, United States Code, is amended--
            (1) in the first sentence by adding ``for vessels required 
        to be numbered under section 12301(a)'' after ``chapter''; and
            (2) by adding at the end of the section: ``However, for 
        vessels required to be numbered under section 12301(b), the 
        numbering system and the issuing authority for that numbering 
        system, within the meaning of this chapter, shall be determined 
        by regulations promulgated by the Secretary, notwithstanding 
        any other provisions of this chapter.''.

SEC. 303. RENEWAL OF THE NAVIGATION SAFETY ADVISORY COUNCIL.

    (a) Section 5(d) of the Inland Navigational Rules Act of 1980 (33 
U.S.C. 2073) is amended by striking ``September 30, 1995'' and 
inserting ``September 30, 2000''.
    (b) The section heading for section 5(d) of the Inland Navigational 
Rules Act of 1980 (33 U.S.C. 2073) is amended by striking ``Rules of 
the Road Advisory Council'' and inserting ``Navigation Safety Advisory 
Council''.

SEC. 304. RENEWAL OF 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''.

          TITLE IV--MARINE SAFETY AND ENVIRONMENTAL PROTECTION

SEC. 401. PROVIDE FOR JUDICIAL SALE OF CERTAIN DOCUMENTED VESSELS TO 
              ALIENS.

    Section 31329 of title 46, United States Code, is amended by adding 
a new subsection (f) to read as follows:
    ``(f) This section does not apply to a documented vessel that has 
been operated only as a fishing vessel, fish processing vessel, fish 
tender vessel (as defined in section 2101 of this title) or a 
documented vessel that has been operated only for pleasure.''.

SEC. 402. FOIA EXCEPTION FOR PORT SECURITY PLANS.

    Section 7 of the Ports and Waterways Safety Act, as amended (33 
U.S.C. 1226), is amended by adding a new subsection (c) to read as 
follows:
    ``(c)(1) Notwithstanding any other provision of law, no information 
obtained or developed regarding the establishment, implementation, 
review, inspection, or alteration of security plans, procedures, or 
programs for passenger vessels or passenger terminals authorized under 
this Act shall be available for general or public disclosure or 
inspection.
    ``(2) Nothing in this subsection shall be construed to authorize 
the withholding of information from the duly authorized committees of 
Congress.''.

SEC. 403. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL PENALTY.

    (a) Chapter 21 of title 46, United States Code, is amended by 
adding at the end a new section 2115 to read as follows:
``Sec. 2115. Civil penalty to enforce alcohol and dangerous drug 
              testing
    ``Any person who fails to implement or conduct, or who otherwise 
fails to comply with the requirements prescribed by the Secretary for, 
chemical testing for dangerous drugs or for evidence of alcohol use, as 
prescribed under this subtitle or a regulation prescribed by the 
Secretary to carry out the provisions of this subtitle, is liable to 
the United States Government for a civil penalty of not more than 
$1,000 for each violation. Each day of a continuing violation shall 
constitute a separate violation.''.
    (b) The table of sections at the beginning of chapter 21 of title 
46, United States Code, is amended by inserting after the item relating 
to section 2114 the following:

``2115. Civil penalty to enforce alcohol and dangerous drug testing.''.

SEC. 404. WITHHOLDING VESSEL CLEARANCE FOR VIOLATION OF CERTAIN ACTS.

    (a) Section 5122 of title 49 is amended by adding a new subsection 
(c) to read as follows:
    ``(c) Withholding of Clearance.--If any owner, operator, or person 
in charge of a vessel is liable for a civil penalty under section 5123 
of this title or for a fine under section 5124 of this title, or if 
reasonable cause exists to believe that such owner, operator, or person 
in charge may be subject to such a civil penalty or fine, the Secretary 
of the Treasury, upon the request of the Secretary, shall with respect 
to such vessel refuse or revoke--
            ``(1) the clearance required by section 4197 of the Revised 
        Statutes of the United States (46 App. U.S.C. 91); or
            ``(2) a permit to depart required under section 443 of the 
        Tariff Act of 1930 (19 U.S.C. 1443);
as applicable. Clearance or a permit refused or revoked under this 
subsection may be granted upon the filing of a bond or other surety 
satisfactory to the Secretary.''.
    (b) Section 13(f) of the Ports and Waterways Safety Act (33 U.S.C. 
1232(f)) is amended to read as follows:
    ``(f) Withholding of Clearance.--If any owner, operator, or person 
in charge of a vessel is liable for any of the penalties or fines in 
this section, or if reasonable cause exists to believe that the owner, 
operator, or person in charge may be subject to any penalty or fine in 
this section, the Secretary of the Treasury, upon the request of the 
Secretary, shall with respect to such vessel refuse or revoke--
            ``(1) the clearance required by section 4197 of the Revised 
        Statutes of the United States (46 App. U.S.C. 91); or
            ``(2) a permit to depart required under section 443 of the 
        Tariff Act of 1930 (19 U.S.C. 1443);
as applicable. Clearance or a permit refused or revoked under this 
subsection may be granted upon filing of a bond or other surety 
satisfactory to the Secretary.''.
    (c) Section 4(d) of the Inland Navigational Rules Act (33 U.S.C. 
2072(d)) is amended to read as follows:
    ``(d) Withholding of Clearance.--If any owner, operator, or person 
in charge of a vessel is liable for any of the penalties in this 
section, or if reasonable cause exists to believe that the owner, 
operator, or person in charge may be subject to any of the penalties in 
this section, the Secretary of the Treasury, upon the request of the 
Secretary, shall with respect to such vessel refuse or revoke--
            ``(1) the clearance required by section 4197 of the Revised 
        Statutes of the United States (46 App. U.S.C. 91); or
            ``(2) a permit to depart required under section 443 of the 
        Tariff Act of 1930 (19 U.S.C. 1443);
as applicable. Clearance or a permit refused or revoked under this 
subsection may be granted upon filing of a bond or other surety 
satisfactory to the Secretary.''.
    (d) Section 3718(e) of title 46, United States Code, is amended to 
read as follows:
    ``(e) If any owner, operator, or person in charge of a vessel is 
liable for any penalty or fine in this section, or if reasonable cause 
exists to believe that the owner, operator, or person in charge may be 
subject to any penalty or fine in this section, the Secretary of the 
Treasury, upon the request of the Secretary, shall with respect to such 
vessel refuse or revoke--
            ``(1) the clearance required by section 4197 of the Revised 
        Statutes of the United States (46 U.S.C. App. 91); or
            ``(2) a permit to depart required under section 443 of the 
        Tariff Act of 1930 (19 U.S.C. 1443);
as applicable. Clearance or a permit refused or revoked under this 
subsection may be granted upon filing of a bond or other surety 
satisfactory to the Secretary.''.

SEC. 405. CONVENTION TONNAGE FOR LICENSING.

    (a) Chapter 75 of title 46, United States Code, is amended by 
adding a new section 7506 to read as follows:
``Sec. 7506. Convention tonnage for licenses, certificates, and 
              documents
    ``Notwithstanding any provision of sections 14302(c) or 14305 of 
this title, the Secretary may evaluate the service of an individual who 
is applying for a license, a certificate of registry, or a merchant 
mariner's document by using the tonnage as measured under chapter 143 
of this title for the vessels on which that service was acquired, and 
may issue the license, certificate, or document based on that 
service.''.
    (b) The analysis to chapter 75 of title 46, United States Code, is 
amended by adding a new catchline at the end to read as follows:

``Sec. 7506. Convention tonnage for licenses, certificates, and 
                            documents.''.

SEC. 406. INCREASED CIVIL PENALTIES.

    (a) 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''.
    (b) Operation of Uninspected 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''.

TITLE V--ESTABLISHMENT OF ALTERNATE CONVENTION TONNAGE (ITC) THRESHOLDS

SEC. 501. MEASUREMENT OF VESSELS.

    Section 14104 of title 46, United States Code, is amended by 
redesignating the existing section as a subsection (a) and adding a new 
subsection (b) to read as follows:
    ``(b) Where a statute allows for an alternate tonnage to be 
prescribed under this section, the Secretary may prescribe it by 
regulation. The alternate tonnage shall, to the maximum extent 
possible, be equivalent to the statutorily established tonnage. Until 
an alternate tonnage is prescribed, the statutorily established tonnage 
shall apply to vessels measured under chapter 143 or chapter 145 of 
this title.''.

SEC. 502. LONGSHORE AND HARBOR WORKERS COMPENSATION.

    Section 3(d) of the Longshore and Harbor Workers Act (33 U.S.C. 
903) is amended by inserting in subparagraph (3)(B) after ``1,600 tons 
gross'' the words ``as measured under section 14502 of title 46, United 
States Code, or an alternate tonnage measured under section 14302 of 
title 46, United States Code as prescribed by the Secretary under 
section 14104 of title 46, United States Code''.

SEC. 503. RADIOTELEPHONE REQUIREMENTS.

    Section 4(a)(2) of the Vessel Bridge-to-Bridge Radiotelephone Act 
(33 U.S.C. 1203(a)(2)) is amended by inserting after ``one hundred 
gross tons'' the words ``as measured under 46 U.S.C. 14502 or an 
alternate tonnage measured under 46 U.S.C. 14302 as prescribed by the 
Secretary under 46 U.S.C. 14104''.

SEC. 504. VESSEL OPERATING REQUIREMENTS.

    Section 4(a)(3) of the Port and Tanker Safety Act (33 U.S.C. 
1223(a)(3)) is amended by inserting after ``300 gross tons'' the words 
``as measured under 46 U.S.C. 14502 or an alternate tonnage measured 
under 46 U.S.C. 14302 as prescribed by the Secretary under 46 U.S.C. 
14104''.

SEC. 505. MERCHANT MARINE ACT, 1920.

    Section 27A of the Act of June 5, 1920, (46 U.S.C. App. 883-1), as 
amended, is further amended by inserting after ``five hundred gross 
tons'' the words ``as measured under 46 U.S.C. 14502 or an alternate 
tonnage measured under 46 U.S.C. 14302 as prescribed by the Secretary 
under 46 U.S.C. 14104''.

SEC. 506. MERCHANT MARINE ACT, 1920.

    Section 2 of the Act of June 14, 1956, (46 U.S.C. App. 883a) is 
amended by inserting after ``five hundred gross tons'' the words ``as 
measured under 46 U.S.C. 14502 or an alternate tonnage measured under 
46 U.S.C. 14302 as prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 507. MARITIME EDUCATION AND TRAINING.

    Section 1302(4)(A) of the Maritime Education and Training Act of 
1980 (46 U.S.C. App. 1295a(4)(a)) is amended by inserting after ``1,000 
gross tons or more'' the words ``as measured under 46 U.S.C. 14502 or 
an alternate tonnage measured under 46 U.S.C. 14302 as prescribed by 
the Secretary under 46 U.S.C. 14104''.

SEC. 508. GENERAL DEFINITIONS.

    Section 2101 of title 46, United States Code, is amended--
            (1) in paragraph (13), by inserting after ``15 gross tons'' 
        the words ``as measured under 46 U.S.C. 14502 or an alternate 
        tonnage measured under 46 U.S.C. 14302 as prescribed by the 
        Secretary under 46 U.S.C. 14104'';
            (2) in paragraph (13a), by inserting after ``3,500 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (3) in paragraph (19), by inserting after ``500 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (4) in paragraph (22), by inserting after ``100 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (5) in paragraph (30)(A), by inserting after ``500 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (6) in paragraph (32), by inserting after ``100 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (7) in paragraph (33), by inserting after ``300 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (8) in paragraph (35), by inserting after ``100 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''; and
            (9) in paragraph (42), by inserting after ``100 gross 
        tons'', each time it appears, the words ``as measured under 46 
        U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 
        14302 as prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 509. AUTHORITY TO EXCEPT CERTAIN VESSELS.

    Section 2113 of title 46, United States Code, is amended--
            (1) in paragraph (4), by inserting after ``at least 100 
        gross tons but less than 300 gross tons'' the words ``as 
        measured under 46 U.S.C. 14502 or an alternate tonnage measured 
        under 46 U.S.C. 14302 as prescribed by the Secretary under 46 
        U.S.C. 14104''; and
            (2) in paragraph (5), by inserting after ``at least 100 
        gross tons but less than 500 gross tons'' the words ``as 
        measured under 46 U.S.C. 14502 or an alternate tonnage measured 
        under 46 U.S.C. 14302 as prescribed by the Secretary under 46 
        U.S.C. 14104''.

SEC. 510. INSPECTION OF VESSELS.

    Section 3302 of title 46, United States Code, is amended--
            (1) in subsection (c)(1), by inserting after ``5,000 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (2) in subsection (c)(2), by inserting after ``500 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (3) in subsection (c)(3), by inserting after ``500 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (4) in subsection (c)(4)(A), by inserting after ``500 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (5) in subsection (d)(1), by inserting after ``150 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (6) in subsection (i)(1)(A), by inserting after ``300 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or 
an alternate tonnage measured under 46 U.S.C. 14302 as prescribed by 
the Secretary under 46 U.S.C. 14104''; and
            (7) in subsection (j), by inserting after ``15 gross tons'' 
        the words ``as measured under 46 U.S.C. 14502 or an alternate 
        tonnage measured under 46 U.S.C. 14302 as prescribed by the 
        Secretary under 46 U.S.C. 14104''.

SEC. 511. REGULATIONS.

    Section 3306 of title 46, United States Code, is amended--
            (1) in subsection (h), by inserting after ``at least 100 
        gross tons but less than 300 gross tons'' the words ``as 
        measured under 46 U.S.C. 14502 or an alternate tonnage measured 
        under 46 U.S.C. 14302 as prescribed by the Secretary under 46 
        U.S.C. 14104''; and
            (2) in subsection (i), by inserting after ``at least 100 
        gross tons but less than 500 gross tons'' the words ``as 
        measured under 46 U.S.C. 14502 or an alternate tonnage measured 
        under 46 U.S.C. 14302 as prescribed by the Secretary under 46 
        U.S.C. 14104''.

SEC. 512. FREQUENCY OF INSPECTION.

    Section 3307(2) of title 46, United States Code, is amended by 
inserting after ``100 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 513. PENALTIES--INSPECTION OF VESSELS.

    Section 3318 of title 46, United States Code, is amended--
            (1) in subsection (a), by inserting after ``100 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''; and
            (2) in subsection (j)(1), by inserting after ``1,600 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''.

SEC. 514. APPLICATION--TANK VESSELS.

    Section 3702 of title 46, United States Code, is amended--
            (1) in subsection (b)(1), by inserting after ``500 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (2) in subsection (c), by inserting after ``500 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''; and
            (3) in subsection (d), by inserting after ``5,000 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''.

SEC. 515. TANK VESSEL CONSTRUCTION STANDARDS.

    Section 3703a of title 46, United States Code, is amended--
            (1) in subsection (b)(2), by inserting after ``5,000 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (2) in subsection (c)(2), by inserting after ``5,000 gross 
        tons'' each place they occur, the words ``as measured under 46 
        U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 
        14302 as prescribed by the Secretary under 46 U.S.C. 14104'';
            (3) in subsection (c)(3)(A), by inserting after ``15,000 
        gross tons'' the words ``as measured under 46 U.S.C. 14502 or 
        an alternate tonnage measured under 46 U.S.C. 14302 as 
        prescribed by the Secretary under 46 U.S.C. 14104'';
            (4) in subsection (c)(3)(B), by inserting after ``30,000 
        gross tons'' the words ``as measured under 46 U.S.C. 14502 or 
        an alternate tonnage measured under 46 U.S.C. 14302 as 
        prescribed by the Secretary under 46 U.S.C. 14104''; and
            (5) in subsection (c)(3)(C), by inserting after ``30,000 
        gross tons'' the words ``as measured under 46 U.S.C. 14502 or 
        an alternate tonnage measured under 46 U.S.C. 14302 as 
        prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 516. TANKER MINIMUM STANDARDS.

    Section 3707 of title 46, United States Code, is amended--
            (1) in subsection (a), by inserting after ``10,000 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''; and
            (2) in subsection (b), by inserting after ``10,000 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''.

SEC. 517. SELF-PROPELLED TANK VESSEL MINIMUM STANDARDS.

    Section 3708 of title 46, United States Code, is amended by 
inserting after ``10,000 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 518. DEFINITION--ABANDONMENT OF BARGES.

    Section 4701(l) of title 46, United States Code, is amended by 
inserting after ``100 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 519. APPLICATION--LOAD LINES.

    Section 5102(b) of title 46, United States Code, is amended--
            (1) in paragraph (4), by inserting after ``5,000 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (2) in paragraph (5), by inserting after ``500 gross tons'' 
        the words ``as measured under 46 U.S.C. 14502 or an alternate 
        tonnage measured under 46 U.S.C. 14302 as prescribed by the 
        Secretary under 46 U.S.C. 14104''; and
            (3) in paragraph (10), by inserting after ``150 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''.

SEC. 520. LICENSING OF INDIVIDUALS.

    Section 7101(e)(3) of title 46, United States Code, is amended by 
inserting after ``1,600 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 521. ABLE SEAMEN--LIMITED.

    Section 7308 of title 46, United States Code, is amended by 
inserting after ``100 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 522. ABLE SEAMEN--OFFSHORE SUPPLY VESSELS.

    Section 7310 of title 46, United States Code, is amended by 
inserting after ``500 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 523. SCALE OF EMPLOYMENT--ABLE SEAMEN.

    Section 7312 of title 46, United States Code, is amended--
            (1) in subsection (b), by inserting after ``1,600 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (2) in subsection (c)(1), by inserting after ``500 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (3) in subsection (d), by inserting after ``500 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (4) in subsection (f)(1), by inserting after ``5,000 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''; and
            (5) in subsection (f)(2), by inserting after ``5,000 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''.

SEC. 524. GENERAL REQUIREMENTS--ENGINE DEPARTMENT.

    Section 7313(a) of title 46, United States Code, is amended by 
inserting after ``100 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 525. COMPLEMENT OF INSPECTED VESSELS.

    Section 8101(h) of title 46, United States Code, is amended by 
inserting after ``100 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 526. WATCHMEN.

    Section 8102(b) of title 46, United States Code, is amended by 
inserting after ``100 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 527. CITIZENSHIP AND NAVAL RESERVE REQUIREMENTS.

    Section 8103(b)(3)(A) of title 46, United States Code, is amended 
by inserting after ``1,600 gross tons'' the words ``as measured under 
46 U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 
as prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 528. WATCHES.

    Section 8104 of title 46, United States Code, is amended--
            (1) in subsection (b), by inserting after ``100 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (2) in subsection (d), by inserting after ``100 gross 
        tons'' and after ``5,000 gross tons'' respectively, each place 
        they appear, the words ``as measured under 46 U.S.C. 14502 or 
        an alternate tonnage measured under 46 U.S.C. 14302 as 
        prescribed by the Secretary under 46 U.S.C. 14104'';
            (3) in subsection (l)(1), by inserting after ``1,600 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (4) in subsection (m)(1), by inserting after ``1,600 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (5) in subsection (o)(1), by inserting after ``500 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''; and
            (6) in subsection (o)(2), by inserting after ``500 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''.

SEC. 529. MINIMUM NUMBER OF LICENSED INDIVIDUALS.

    Section 8301 of title 46, United States Code, is amended--
            (1) in subsection (a)(2), by inserting after ``1,000 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (2) in subsection (a)(3), by inserting after ``at least 200 
        gross tons but less than 1,000 gross tons'' the words ``as 
        measured under 46 U.S.C. 14502 or an alternate tonnage measured 
        under 46 U.S.C. 14302 as prescribed by the Secretary under 46 
        U.S.C. 14104'';
            (3) in subsection (a)(4), by inserting after ``at least 100 
        gross tons but less than 200 gross tons'' the words ``as 
        measured under 46 U.S.C. 14502 or an alternate tonnage measured 
        under 46 U.S.C. 14302 as prescribed by the Secretary under 46 
        U.S.C. 14104'';
            (4) in subsection (a)(5), by inserting after ``300 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104'';
            (5) in subsection (b), by inserting after ``200 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''; and
            (6) in subsection (e)(3), by inserting after ``200 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''.

SEC. 530. OFFICERS' COMPETENCY CERTIFICATE CONVENTION.

    Section 3304(b)(4) of title 46, United States Code, is amended by 
inserting after ``200 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 531. MERCHANT MARINERS' DOCUMENTS REQUIRED.

    Section 8701 of title 46, United States Code, is amended--
            (1) in subsection (a), by inserting after ``100 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''; and
            (2) in subsection (a)(6), by inserting after ``1,600 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''.

SEC. 532. CERTAIN CREW REQUIREMENTS.

    Section 8702 of title 46, United States Code, is amended--
            (1) in subsection (a), by inserting after ``100 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''; and
            (2) in subsection (a)(6), by inserting after ``1,600 gross 
        tons'' the words ``as measured under 46 U.S.C. 14502 or an 
        alternate tonnage measured under 46 U.S.C. 14302 as prescribed 
        by the Secretary under 46 U.S.C. 14104''.

SEC. 533. FREIGHT VESSELS.

    Section 8901 of title 46, United States Code, is amended by 
inserting after ``100 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 534. EXEMPTIONS.

    Section 8905(b) of title 46, United States Code, is amended by 
inserting after ``200 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 535. UNITED STATES REGISTERED PILOT SERVICE.

    Section 9303(a)(2) of title 46, United States Code, is amended by 
inserting after ``4,000 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 536. DEFINITIONS--MERCHANT SEAMEN PROTECTION.

    Section 10101(1)(B) of title 46, United States Code, is amended by 
inserting after ``1,600 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 537. APPLICATION--FOREIGN AND INTERCOASTAL VOYAGES.

    Section 10301(a)(2) of title 46, United States Code, is amended by 
inserting after ``75 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 538. APPLICATION--COASTWISE VOYAGES.

    Section 10501(a) of title 46, United States Code, is amended by 
inserting after ``50 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 539. FISHING AGREEMENTS.

    Section 10601(a)(1) of title 46, United States Code, is amended by 
inserting after ``20 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 540. ACCOMMODATIONS FOR SEAMEN.

    Section 11101(a) of title 46, United States Code, is amended by 
inserting after ``100 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 541. MEDICINE CHESTS.

    Section 11102(a) of title 46, United States Code, is amended by 
inserting after ``75 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 542. LOGBOOK AND ENTRY REQUIREMENTS.

    Section 11301(a)(2) of title 46, United States Code, is amended by 
inserting after ``75 gross tons'' the words ``as measured under 46 
U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 14302 as 
prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 543. COASTWISE ENDORSEMENTS.

    Section 12106(c)(1) of title 46, United States Code, is amended by 
inserting after ``two hundred gross tons'' the words ``as measured 
under 46 U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 
14302 as prescribed by the Secretary under 46 U.S.C. 14104''.

SEC. 544. FISHERY ENDORSEMENTS.

    Section 12108(c)(1) of title 46, United States Code, is amended by 
inserting after ``two hundred gross tons'' the words ``as measured 
under 46 U.S.C. 14502 or an alternate tonnage measured under 46 U.S.C. 
14302 as prescribed by the Secretary under 46 U.S.C. 14104''

                   TITLE VI--MISCELLANEOUS AMENDMENTS

SEC. 601. JURISDICTION OVER VESSELS ENGAGED IN DRIFTNET FISHING ON THE 
              HIGH SEAS.

    (a) Section 1802(32) of title 16, United States Code, is amended by 
adding the following new subsection:
    ``(32) The term `vessel subject to the jurisdiction of the United 
States' has the meaning given the term in the Maritime Drug Law 
Enforcement Act (46 U.S.C. App. 1903(c));''
and by renumbering the existing paragraph (32) as paragraph (33).
    (b) Section 1857(1)(M) of title 16, United States Code, is amended 
by deleting the existing subsection and substituting the following:
            ``(M) on board a vessel of the United States or a vessel 
        subject to the jurisdiction of the United States, to engage in 
        large-scale driftnet fishing upon the high seas beyond the 
        Exclusive Economic Zone of any nation or within the Exclusive 
        Economic Zone of the United States. It shall be a rebuttable 
        presumption that any vessel that is shoreward of the 
outer boundary of the exclusive economic zone of the United States or 
beyond the exclusive economic zone of any nation, and that has on board 
gear that is capable of use for large-scale driftnet fishing, is 
engaged in such fishing; or''.

SEC. 602. IMPROVED AUTHORITY TO SELL RECYCLABLE MATERIAL.

    (a) Section 641(c)(2) of title 14, United States Code, is amended 
to read as follows:
    ``(2) Notwithstanding any other law, where the estimated proceeds 
from a sale will not exceed $5,000, recyclable materials may be sold by 
a modified negotiated sale by Coast Guard units having qualified 
recycling programs. All other sales of recyclable materials shall be 
governed by section 203 of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 484).''
    (b) Section 641 of title 14, United States Code, is amended by 
redesignating subsection (e) as subsection (f), and inserting after (d) 
the following new subsection:
    ``(e) The following definitions apply to subsections (c) and (d) of 
this section:
            ``(1) `Recyclable materials' means those materials that--
                    ``(A) have no value other than the intrinsic value 
                of their raw materials;
                    ``(B) require physical or chemical processing to be 
                reused; and
                    ``(C) would be discarded to become part of the 
                waste stream unless recycled.
            ``(2) `Modified negotiated sale' means a sale involving 
        oral or written solicitation of bidders, with the award going 
        to the highest bidder. The Commandant shall prescribe 
        regulations governing these sales.''.

SEC. 603. SHIP RADIO INSTALLATIONS FOR PASSENGER AND CARGO VESSELS.

    The Communications Act of 1934 (47 U.S.C. 151, et seq.) is 
amended--
            (1) by amending the heading for Subchapter III, Part II of 
        the Communications Act of 1934 in the table of sections at the 
        beginning of chapter 5 of title 47, United States Code, by 
        striking ``Radio Equipment and Radio Operators on Board Ship'' 
        and inserting ``Ship Radio Installations for Passenger and 
        Cargo Vessels'';
            (2) by amending section 351 (47 U.S.C. 351) to read as 
        follows:
    ``(a) Except as provided for in section 352 hereof, it shall be 
unlawful for any United States passenger vessel, or for any United 
States cargo vessel three hundred gross tons or over, to operate in the 
open sea outside of a harbor or port, or for any such ship of the 
United States or any foreign country, to leave or attempt to leave any 
harbor or port of the United States to operate in the open sea, unless 
such ship is equipped with an efficient radio station installation that 
complies with the radio communications provisions of the Safety 
Convention as specified by the Commission.
    ``(b) The radio station installation and watch requirements shall 
be sufficient--
            ``(1) to alert other ships and shore-based facilities by at 
        least two separate and independent systems;
            ``(2) to receive distress alerts from other ships and from 
        shore;
            ``(3) to communicate with other ships and with shore; and
            ``(4) to receive transmissions of maritime safety 
        information.
    ``(c) Each vessel equipped with a radio station installation in 
accordance with this part shall have on board two persons who are 
knowledgeable in the operation of the radio equipment and are licensed 
by the Commission in a manner the Commission deems appropriate.
    ``(d) Radio equipment required by this part shall be maintained in 
a manner consistent with the provisions of the Safety Convention, by 
one or a combination of the following methods, as specified by the 
Commission: duplication of equipment, shore-based maintenance, or at-
sea electronic maintenance capability.'';
            (3) by amending the section heading for section 351 by 
        striking ``Ship radio stations and operations.'' and inserting 
        ``Vessels subject to this part.'';
            (4) by amending the item relating to section 351 in the 
        table of sections at the beginning of chapter 5 of title 47, 
        United States Code, by striking ``Ship radio stations and 
        operations.'' and inserting ``Vessels subject to this part.'';
            (5) by amending section 352(a)(2) (47 U.S.C. 352(a)(2)) by 
        striking the balance of the subparagraph after the words ``by 
        the Government'';
            (6) by amending section 352(b) (47 U.S.C. 352(b)) to read 
        as follows:
    ``Except for nuclear ships, the Commission may exempt from the 
radio station provisions of this part any ship or any class of ships 
that complies with the functional requirements of section 351(b) if the 
conditions affecting safety are such as to render full application of 
the provisions of this part unreasonable or unnecessary. When deciding 
whether to grant such an exemption, the Commission shall have regard 
for the effect that such exemption might have on the general efficiency 
of the service for the safety of all ships.'';
            (7) by striking sections 352(c) and (d) (47 U.S.C. 352(c), 
        (d));
            (8) by amending section 353 (47 U.S.C. 353) to read as 
        follows:
    ``The Commission shall have authority with respect to any vessel 
subject to this part--
            ``(a) to specify radio operator qualifications, radio 
        installation operating, technical, and environmental 
        characteristic, including frequencies, emmissions, power, 
        receiver characteristics, communications capability, and range;
            ``(b) to approve installations, apparatus, and spare parts 
        necessary to comply with the purposes and requirements of this 
        part;
            ``(c) to prescribe any additional equipment necessary for 
        the proper functioning of the radio equipment installed in 
        accordance with this part or for the proper conduct of radio 
        communications in time of emergency or distress; and
            ``(d) to approve the details concerning the location and 
        manner of installation of equipment necessary to meet the 
        purposes and requirements of this part.'';
            (9) by amending the section heading for section 353 by 
        striking ``Radio equipment and operators.'' and inserting 
        ``Ship radio station installation operation.'';
            (10) by amending the item relating to section 353 in the 
        table of sections at the beginning of chapter 5 of title 47, 
        United States Code, by striking ``Radio equipment and 
        operators.'' and inserting ``Ship radio station installation 
        operation.'';
            (11) by striking sections 354-358 (47 U.S.C. 354-358); and
            (12) the table of sections at the beginning of chapter 5 of 
        title 47, United States Code, is amended by striking all items 
        relating to sections 354-358.

          TITLE VII--STATE RECREATIONAL BOATING SAFETY FUNDING

SEC. 701. 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 
$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 $10,000,000 of the amount available 
        for each of fiscal years 1996 through 1999 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 $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.
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) 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 the 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 provision of law, for fiscal year 1996, of the amount 
        appropriated in accordance with section 3 of the Act of August 
        9, 1950 (16 U.S.C. 777b), $20,000,000 shall be excluded from 
        the total amount subject to the eighteen percent calculation of 
        section 4(a) of such Act (16 U.S.C. 777c(a)).
    (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 may 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 9504 of the Internal Revenue Code of 1986 (26 U.S.C. 
9504) not more than $35,000,000 each fiscal year.''.

              TITLE VIII--PERSONNEL MANAGEMENT IMPROVEMENT

SEC. 801. FUNDS FOR RECRUITING.

    Section 468 of title 14, United States Code, is amended to read 
after the heading:
    ``The Coast Guard may expend operating expense funds for recruiting 
activities, including but not limited to advertising and entertainment, 
in order to:
            (1) obtain recruits for the Service and cadet applicants; 
        and
            (2) gain support of recruiting objectives from those who 
        may assist in the recruiting effort.''.

SEC. 802. PROVISION OF CHILD DEVELOPMENT SERVICES.

    (a) Title 14, United States Code, is amended by inserting after 
section 514 the following new section:
``Sec. 515. Child development services
    ``(a) The Secretary may make child development services available 
for members of the armed forces and Federal civilian employees. From 
funds appropriated to the department in which the Coast Guard is 
operating, such sums may be expended as are necessary to carry out this 
program. Child development service benefits provided under the 
authority of this section shall be in addition to benefits provided 
under existing programs.
    ``(b) For purposes of this section, the term `Coast Guard child 
development center' includes a `military child development center', as 
that term is defined by section 1501(b)(1) of the Military Child Care 
Act of 1989 (10 U.S.C. 113 note), but does not include contractor 
operated centers or government/contractor cooperatives established 
under section 490b of title 40, United States Code. The term `child 
care fee receipts' shall have the same meaning as defined by section 
1501(b)(4) of the Military Child Care Act of 1989.
    ``(c)(1) Except as provided in paragraph (2) as, the Secretary may 
require child care fee receipts to be used only for compensation of 
child development center employees who are directly involved in 
providing child care.
    ``(2) If the Secretary determines that compliance with the 
limitation in paragraph (1) would result in an uneconomical and 
inefficient use of such fee receipts, the Secretary may (to the extent 
that such compliance would be uneconomical and inefficient) use such 
receipts--
            ``(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.
    ``(d) The Secretary shall prescribe regulations for establishing 
and collecting fees to be charged parents for the attendance of 
children at Coast Guard child development centers. Those regulations 
shall require that, in the case of children who attend the centers on a 
regular basis, the fees shall be based on family income.
    ``(e)(1) The Secretary shall establish a training program for child 
development center employees. Subject to paragraph (2), satisfactory 
completion of the training program shall be a condition of employment 
of any person as a child development center employee.
    ``(2) The Secretary shall require that each child development 
center employee complete the training program not later than six months 
after the date on which the employee is employed as a child development 
center employee (except that, in the case of a child development center 
employee hired before the date on which the training program is 
established, the employee shall complete the program not later than six 
months after that date).
    ``(3) The training program established under this subsection shall 
cover, at a minimum, training in the following:
            ``(A) Early childhood development.
            ``(B) Activities and disciplinary techniques appropriate to 
        children of different ages.
            ``(C) Child abuse prevention and detection.
            ``(D) Cardiopulmonary resuscitation and other appropriate 
        emergency medical procedures.
    ``(f) The Secretary may use funds available to the Coast Guard for 
operating expenses for Coast Guard child development centers. Such 
funds shall not be less than the amount of child care fee receipts that 
are estimated to be received by the Coast Guard during the fiscal year.
    ``(g) The Secretary may use appropriated funds available to the 
Coast Guard to provide assistance to family home day care providers so 
that family home day care services can be provided to uniformed service 
members and civilian employees of the Coast Guard at a cost comparable 
to the cost of services provided by Coast Guard child development 
centers.
    ``(h) The Secretary shall require that each Coast Guard child 
development center be inspected not less often than four times a year. 
Each such inspection shall be unannounced.
    ``(i) The Secretary shall promulgate regulations to implement this 
section.''.
    (b) 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.''.

SEC. 803. 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 funds 
available to the Coast Guard, not to exceed $25,000, shall be used. The 
Secretary of Transportation shall administer the provisions of section 
2856 for the Coast Guard.

SEC. 804. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION BOARDS.

    Section 289(f) of title 14, United States Code, is amended by 
deleting ``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. 805. 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 new subsection:
    ``(d) Members ordered to active duty under this section shall not 
be counted in computing authorized strength in members on active duty 
or members in grade under this title or under any other law.''.

SEC. 806. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.

    Section 283(b) of title 14, United States Code, is amended--
            (1) by striking ``he'' and inserting ``that officer''; and
            (2) by adding the following new sentence at the end: 
        ``However, if one the date specified for discharge under this 
        subsection, an officer has completed at least eighteen years of 
        active service, the officer shall be retained on active duty 
        and retired on the last day of the month in which the officer 
        completes twenty years of active service, unless earlier 
        removed under another provision of law.''.

SEC. 807. SPECIAL RECRUITING AUTHORITY TO ACHIEVE DIVERSITY.

    (a) Findings.--Congress makes the following findings:
            (1) The ability of the United States Coast Guard to perform 
        its functions and duties will be enhanced if the representation 
        of women and minorities in its workforce is increased.
            (2) Women and minorities have historically been under 
        represented in the Coast Guard officer corps.
            (3) 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 workforce.
            (4) Women and minorities have historically been under 
        represented at the United States Coast Guard Academy.
            (5) Notwithstanding intensive application of traditional 
        recruiting programs, the Coast Guard has not been able to 
        rectify the historic under representation or under utilization 
        of women and minorities in the Service and at the Academy and 
        advance beyond the current minority and women recruitment 
        plateau.
            (6) 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.
            (7) Women and minorities in the United States Coast Guard 
        should be assigned to positions of responsibility that fully 
        utilize their technical, professional, and leadership skills.
            (8) Because traditional recruiting methods have failed to 
        rectify the historical under representation of women and 
        minorities in the United States Coast Guard, it is necessary 
        and appropriate to authorize the use of the special programs 
        for recruiting women and minorities into the United States 
        Coast Guard.
    (b) New Authority.--Section 93 of title 14, United States Code, as 
amended by section 202 of this Act, is further amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (u);
            (2) by striking the period at the end of paragraph (v) and 
        inserting a semicolon and the word ``and''; and
            (3) by adding at the end of the following:
    ``(w) for the purposes of rectifying under representation of women 
and minorities in the Coast Guard and to meet identified personnel 
resource requirements and training needs--
            ``(1) obtain research on Coast Guard personnel resource and 
        training needs; and
            ``(2) employ special programs for recruiting women and 
        minorities, including the provision of financial assistance by 
        grant, cooperative agreement, contract, or otherwise, to public 
        or private associations, organizations, or individuals 
        (including academic scholarships for individuals), to implement 
        national or local outreach programs.''.
    (c) Expiration of New Authority.--The special recruiting authority 
provided in this section shall expire on December 31, 2000. Prior to 
any extension of this authority beyond December 31, 2000, the Secretary 
of the Department in which the Coast Guard is operating shall submit a 
report to Congress providing information on the funds expended for 
programs under this authority and the effectiveness of those programs 
in increasing the representation of women and minorities in the Coast 
Guard.

      TITLE IX--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT

SEC. 901. 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. 902. INCREASED PENALTIES FOR DOCUMENTATION VIOLATIONS.

    (a) Section 12122(a) of title 46, United States Code, is amended by 
striking ``$500'' and inserting in its place, ``$25,000''.
    (b) 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--
            ``(1) when the owner of a vessel or the representative or 
        agent of the owner knowingly falsifies or conceals a material 
        fact, or makes a false statement or representation about the 
        documentation or when applying for documentation of the vessel;
            ``(2) when a certificate of documentation is knowingly and 
        fraudulently used for a vessel;
            ``(3) when a vessel is operated after its endorsement has 
        been denied or revoked under section 12123 of this title;
            ``(4) when a vessel is employed in a trade without an 
        appropriate trade endorsement;
            ``(5) when a documented vessel with only a recreational 
        endorsement is operated other than for pleasure; or
            ``(6) when a documented vessel is placed under the command 
        of a person not a citizen of the United States.''.
    (c) Section 12122(c) of title 46, United States Code, is repealed.
    (d) Section 12110(c) of title 46, United States Code, is amended to 
read as follows: ``A vessel with only a recreational endorsement may 
not be operated other than for pleasure.''.

SEC. 903. LICENSING OF COMMERCIAL FISHING VESSEL OPERATORS.

    (a) Chapter 89 of title 46, United States Code, is amended by 
adding a new section 8904a to read as follows:
``Sec. 8904a. Uninspected fishing industry vessels
    ``A documented uninspected fishing vessel, fish processing vessel, 
or fish tender vessel shall be operated by an individual licensed by 
the Secretary to operate that type of vessel under prescribed 
regulations.''.
    (b) The table of sections at the beginning of chapter 89 of title 
46, United States Code, is amended by inserting in the list after the 
item ``8904. Towing vessels.'' the following new item:

``8904a. Uninspected fishing industry vessels.''.

SEC. 904. OUTER CONTINENTAL SHELF CIVIL PENALTIES.

    Section 24(b) of the Outer Continental Shelf Lands Act, as added by 
section 208 of the Outer Continental Shelf Lands Act Amendments of 
1978, Public Law 95-372 (43 U.S.C. 1350(b)), and as amended by section 
8201 of the Oil Pollution Act of 1990, Public Law 101-380, is further 
amended--
            (1) in paragraph (1) by deleting ``paragraph (2),'' and 
        substituting ``paragraphs (2) and (3),''; and
            (2) by adding a new paragraph (3) to read as follows:
    ``(3)(A) If a person fails to comply with or violates a regulation 
issued under this Act by the Secretary of the department in which the 
Coast Guard is operating, that person is liable, without regard to the 
requirement of the expiration of a period allowed for corrective 
action, to the United States Government for a civil penalty of not more 
than the amount provided in paragraph (1) for each day of the 
continuance of that failure or violation.
    ``(B) The Secretary of the department in which the Coast Guard is 
operating is authorized to assess the amount of the civil penalty for 
which a person is liable for failure to comply with or for violating a 
regulation issued under this Act by the Secretary of the department in 
which the Coast Guard is operating. The assessment of the civil penalty 
shall be by written notice and after an opportunity for a hearing.
    ``(C) In determining the amount of the penalty, the Secretary of 
the department in which the Coast Guard is operating shall consider the 
nature, circumstances, extent, and gravity of the prohibited acts 
committed and, with respect to the violator the degree of culpability, 
any history of prior offenses, ability to pay, and other matters that 
justice requires.
    ``(D) The Secretary of the department in which the Coast Guard is 
operating may compromise, modify, or remit, with or without 
consideration, a civil penalty under this Act until referring the 
assessment to the Attorney General.
    ``(E) If a person fails to pay an assessment of a civil penalty 
after it has become final, the Secretary of the department in which the 
Coast Guard is operating may refer the matter to the Attorney General 
for collection in an appropriate district court of the United 
States.''.

SEC. 905. MARINE CASUALTY INVESTIGATIONS.

    (a)(1) Title 46, United States Code, is amended by inserting after 
section 6301 the following new section:
``Sec. 6301a. Informal marine casualty investigations
    ``(a) The Secretary is authorized to conduct informal 
investigations of marine casualties.
    ``(b) Notwithstanding sections 6302 and 6303 of this title, the 
Secretary is not required to hold an informal investigation open to the 
public or to grant to an individual listed in section 6303 the rights 
provided by that section, except for the right to be represented by 
counsel when testimony or attendance is compelled pursuant to section 
6304.''.
    (2) The table of sections at the beginning of chapter 63 of title 
46, United States Code, is amended by inserting after the item related 
to section 6301 the following:

``6301a. Informal marine casualty investigations.''.
    (b)(1) Title 46, United States Code, is amended by inserting after 
section 6307 the following new section:
``Sec. 6308. Information barred in legal proceedings
    ``(a) Any opinion, recommendation, deliberation, or conclusion 
contained in a report of a marine casualty investigation conducted 
under section 6301 or section 6301a of this title with respect to the 
cause of, or factors contributing to, the casualty set forth in the 
report of the investigation is not admissible as evidence or subject to 
discovery in any civil, administrative, or state criminal proceeding 
arising from a marine casualty, other than with the permission and 
consent of the Secretary of Transportation, in his or her sole 
discretion. Any employee of the United States investigating a marine 
casualty or assisting in any such investigation conducted pursuant to 
section 6301 or 6301a of this title, shall not be subject to deposition 
or other discovery, or otherwise testify or give information in such 
proceedings relevant to a marine casualty investigation, without the 
permission and consent of the Secretary of Transportation in his or her 
sole discretion. In exercising this discretion, in cases where the 
United States is a party, the Secretary shall not withhold permission 
for an employee to testify solely on factual matters where the 
information is not available elsewhere or is not obtainable by other 
means. Nothing in this section prohibits the United States from calling 
an employee as an expert witness to testify on its behalf.
    ``(b) The information referred to in subsection (a) of this section 
shall not be considered an admission of liability by the United States 
or by any person referred to in those conclusions or statements.''.
    (2) The table of sections at the beginning of chapter 63 of title 
46, United States Code, is amended by inserting after the item related 
to section 6307 the following:

``6308. Information barred in legal proceedings.''.

             TITLE X--MARINE SAFETY MANAGEMENT IMPROVEMENTS

SEC. 1001. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT LAKES.

    Paragraph (7) of section 4502(a) of title 46, United States Code, 
is amended by inserting ``or beyond three nautical miles from the 
coastline of the Great Lakes'' after ``high seas''.

SEC. 1002. PENALTIES FOR DEFECTIVE SERVICING OR ALTERATION OF MARINE 
              SAFETY EQUIPMENT.

    Section 3318 of title 46, United States Code, is amended--
            (1) by redesignating subsection (b) as paragraph (b)(1); 
        and
            (2) by adding a new paragraph (b)(2) to read as follows:
    ``(2) A person that services or alters lifesaving, fire safety, or 
any other equipment subject to this part, so that the equipment 
serviced or altered is so defective as to be insufficient to accomplish 
the purpose for which it is intended, commits a class D felony.''.

SEC. 1003. LENGTH LIMITATION ON ELIGIBILITY FOR DOCUMENTATION.

    (a) Subsection (a) of section 12102 of title 46, United States 
Code, is amended by inserting after ``5 net tons'' the words ``and at 
least 32 feet overall in length''.
    (b) Notwithstanding section 12102(a) of title 46, United States 
Code, (as amended by section 1303 of this section), a vessel less than 
32 feet overall in length that is a documented vessel on the date of 
enactment of this title continues to be eligible for documentation 
until ownership of that vessel is transferred or the certificate of 
documentation is surrendered or invalidated under the provisions of 46 
U.S.C. 12111. Being less than 32 feet overall in length does not 
constitute a basis for surrender or invalidation of a document under 46 
U.S.C. 12111.

                TITLE XI--COAST GUARD REGULATORY REFORM

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Coast Guard Regulatory Reform Act 
of 1995''.

SEC. 1102. SAFETY MANAGEMENT AND ALTERNATIVE COMPLIANCE.

    (a) Chapter 21 of title 46, United States Code, is amended by 
adding a new section 2103a to read as follows:
``Sec. 2103a. Safety management and alternative compliance
    ``(a) To implement the International Management Code for the Safe 
Operation of Ships and for Pollution Prevention adopted by the 
International Maritime Organization and to establish voluntary 
alternative compliance programs, the Secretary may prescribe 
regulations governing the merchant marine of the United States, 
merchant marine personnel, and shore-based management of vessels that 
affect the safety of vessels and personnel subject to this subtitle and 
marine pollution prevention. Compliance with regulations implementing 
the International Management Code for the Safe Operation of Ships and 
for Pollution Prevention shall be voluntary until the dates for 
mandatory compliance provided for in the International Convention for 
the Safety of Life at Sea.
    ``(b) In implementing the International Management Code for the 
Safe Operation of Ships and for Pollution Prevention and alternative 
compliance programs established pursuant to this section, the Secretary 
may establish optional regulatory requirements commensurate with the 
level of quality control adopted by the shipowner or operator, provided 
that an equivalent level of safety is maintained.
    ``(c) The Secretary may require vessel owners and operators to 
maintain records and submit reports and other information which the 
Secretary deems necessary to carry out the objectives of this 
section.''.
    (b) The table of sections for chapter 21 of title 46, United States 
Code, is amended by inserting between the items relating to section 
2103 and section 2104 the following:

``2103a. Safety management and alternative compliance.''.

SEC. 1103. USE OF REPORTS, DOCUMENTS, AND CERTIFICATES.

    (a) Chapter 31 of title 46, United States Code, is amended by 
adding a new section 3103 to read as follows:
``Sec. 3103. Use of reports, documents, and certificates
    ``In carrying out this part, the Secretary may use reports, 
documents, and certificates issued by persons who the Secretary 
determines may be relied upon with regard to marine safety, security, 
and environmental protection.''.
    (b) 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 certificates.''.

SEC. 1104. EQUIPMENT APPROVAL.

    Section 3306(b) of title 46, United States Code, is amended to read 
as follows:
    ``(b)(1) Equipment subject to regulation under this section may not 
be used on any vessel without prior approval as prescribed by 
regulation.
    ``(2) Except as otherwise provided in paragraph (3) of this 
subsection, the Secretary may accept approvals of fire and life safety 
equipment and materials by foreign governments which the Secretary 
determines utilize design and testing standards that meet the 
requirements of the International Convention for the Safety of Life at 
Sea to which the United States is a party, and its associated 
International Maritime Organization guidance documents.
    ``(3) In determining whether to accept approvals issued by foreign 
governments, the Secretary shall give due regard to whether adherence 
to standards promulgated by regulation under this subsection is 
necessary in order to preserve higher levels of safety.''.

SEC. 1105. FREQUENCY OF INSPECTION.

    (a) Section 3307 of title 46, United States Code, is amended as 
follows:
            (1) In paragraph (1)--
                    (A) by striking ``and'' after ``passenger vessel'' 
                and inserting a comma in its place;
                    (B) by inserting after ``nautical school vessel'' 
                ``, and small passenger vessel carrying more than 12 
                passengers on an international voyage''; and
                    (C) by adding ``and'' after the semicolon at the 
                end.
            (2) By striking paragraph (2).
            (3) In paragraph (3)--
                    (A) by changing the designation of paragraph (3) to 
                paragraph (2); and
                    (B) by striking ``2 years'' and inserting ``5 
                years'' in its place.
    (b) Section 3710(b) of title 46, United States Code, is amended by 
striking ``24 months'' and inserting ``5 years''.

SEC. 1106. CERTIFICATE OF INSPECTION.

    Section 3309(c) of title 46, United States Code, is amended by 
striking ``(but not more than 60 days)'' after ``At least 30 days''.

SEC. 1107. CLASSIFICATION SOCIETIES.

    (a) Section 3316 of title 46, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
``Sec. 3316. Classification societies
    ``(a) In carrying out this part, the Secretary may rely on reports, 
documents, and certificates issued by the American Bureau of Shipping 
or other classification society recognized by the Secretary as meeting 
acceptable standards for such a society, or an agent of the Bureau or 
society.'';
            (2) by amending subsection (c)(1) to read as follows:
    ``(c)(1) To the maximum extent practicable, the Secretary may 
delegate to the Bureau or other classification society recognized by 
the Secretary as meeting acceptable standards for such a society, or an 
agent of the Bureau or society, the inspection or examination, in the 
United States or in a foreign country, of a vessel documented or to be 
documented as a vessel of the United States. The Bureau, society, or 
agent may issue the certificate of inspection required by this part and 
other certificates essential to documentation.''; and
            (3) by amending subsection (d) to read as follows:
    ``(d) The Secretary also may make an agreement with or use the 
Bureau or other classification society recognized by the Secretary as 
meeting acceptable standards for such a society, or an agent of the 
Bureau or society, for reviewing and approving plans required for 
issuing a certificate of inspection.''.
    (b) The item for section 3316 of the table of sections for chapter 
33 of title 46, United States Code, is amended to read as follows:

``3316. Classification societies.''.

                 TITLE XII--LAW ENFORCEMENT ENHANCEMENT

SEC. 1201. SANCTIONS FOR FAILURE TO LAND OR TO BRING TO; SANCTIONS FOR 
              OBSTRUCTION OF BOARDING AND PROVIDING FALSE INFORMATION.

    (a) In General.--Chapter 109 of title 18, United States Code, is 
amended by adding at the end new section 2237 to read as follows:
``Sec. 2237. Sanctions for failure to land or to bring to; sanctions 
              for obstruction of boarding and providing false 
              information
    ``(a)(1) It shall be unlawful for the pilot, operator, or person in 
charge of an aircraft which has crossed the border of the United 
States, or an aircraft subject to the jurisdiction of the United States 
operating outside the United States, to fail to obey an order to land 
by an authorized Federal law enforcement officer who is enforcing the 
laws of the United States relating to controlled substances, as that 
term is defined in section 102(6) of the Controlled Substances Act (21 
U.S.C. 802(6)), or relating to money laundering (sections 1956-57 of 
this title).
    ``(2) The Administrator of the Federal Aviation Administration, in 
consultation with the Commissioner of Customs and the Attorney General, 
shall prescribe regulations governing the means by which a Federal law 
enforcement officer may communicate an order to land to a pilot, 
operator, or person in charge of an aircraft.
    ``(b)(1) It shall be unlawful for the master, operator, or person 
in charge of a vessel of the United States or a vessel subject to the 
jurisdiction of the United States, to fail to obey an order to bring to 
that vessel on being ordered to do so by an authorized Federal law 
enforcement officer.
    ``(2) It shall be unlawful for any person on board a vessel of the 
United States or a vessel subject to the jurisdiction of the United 
States to--
            ``(A) fail to comply with an order of an authorized Federal 
        law enforcement officer in connection with the boarding of the 
        vessel;
            ``(B) impede or obstruct a boarding or arrest; or other law 
        enforcement action authorized by any Federal law; or
            ``(C) provide information to a Federal law enforcement 
        officer during a boarding of a vessel regarding the vessel's 
        destination, origin, ownership, registration, nationality, 
        cargo, or crew, which that person knows or has reason to know 
        is false.
    ``(c) This section does not limit in any way the preexisting 
authority of a customs officer under section 581 of the Tariff Act of 
1930 or any other provision of law enforced or administered by the 
Customs Service, or the preexisting authority of any Federal law 
enforcement officer under any law of the United States to order an 
aircraft to land or a vessel to bring to.
    ``(d) A foreign nation may consent or waive objection to the 
enforcement of United States law by the United States under this 
section by radio, telephone, or similar oral or electronic means. 
Consent or waiver may be proven by certification of the Secretary of 
State or the Secretary's designee.
    ``(e) For purposes of this section--
            ``(1) a `vessel of the United States', and a `vessel 
        subject to the jurisdiction of the United States' have the 
        meaning set forth for these terms in the Maritime Drug Law 
        Enforcement Act (46 App. U.S.C. 1903);
            ``(2) an aircraft `subject to the jurisdiction of the 
        United States' includes--
                    ``(A) an aircraft located over the United States or 
                the customs waters of the United States;
                     ``(B) an aircraft located in the airspace of a 
                foreign nation, where that nation consents to the 
                enforcement of United States law by the United States; 
                and
                     ``(C) over the high seas, an aircraft without 
                nationality an aircraft of United States registry, or 
                an aircraft registered in a foreign nation that has 
                consented or waived objection to the enforcement of 
                United States law by the United States;
             ``(3) an aircraft `without nationality' include--
                     ``(A) an aircraft aboard which the pilot, 
                operator, or person in charge makes a claim of 
                registry, which claim is denied by the nation whose 
                registry is claimed; and
                     ``(B) an aircraft aboard which the pilot, 
                operator, or person in charge fails, upon request of an 
                officer of the United States empowered to enforce 
                applicable provisions of United States law, to make a 
                claim of registry for that aircraft.
             ``(4) the term `bring to' means to cause a vessel to slow 
        or come to a stop to facilitate a law enforcement boarding by 
        adjusting the course and speed of the vessel to account for the 
        weather conditions and sea state; and
             ``(5) the term `Federal law enforcement officer' has the 
        meaning set forth in section 115 of this title.
     ``(f) Any person who intentionally violates the provisions of this 
section shall be subject to--
             ``(1) imprisonment for not more than five years; and
             ``(2) a fine as provided in this title.
     ``(g) An aircraft or vessel that is used in violation of this 
section may be seized and forfeited. The laws relating to the seizure, 
summary and judicial forfeiture, and condemnation of property for 
violation of the customs laws, the disposition of such property or the 
proceeds from the sale thereof, the remission or mitigation of such 
forfeitures, and the compromise of claim, shall apply to seizures and 
forfeitures undertaken, or alleged to have been undertaken, under any 
of the provisions of this section; except that such duties as are 
imposed upon the customs officer or any other person with respect to 
the seizure and forfeiture of property under the customs laws shall be 
performed with respect to seizures and forfeitures of property under 
this section by such officers, agents, or other persons as may be 
authorized or designated for that purpose. A vessel or aircraft that is 
used in violation of this section is also liable in rem for any fine or 
civil penalty imposed under this section.''.
     (b) Clerical Amendment.--The analysis at the beginning of chapter 
109, title 18, United States Code, is amended by inserting the 
following new item after the item for section 2236:

``2237. Sanctions for failure to land or to bring to; sanctions for 
                            obstruction of boarding or providing false 
                            information.''.

SEC. 1202. FAA SUMMARY REVOCATION AUTHORITY.

     ``(a) Title 49, United States Code, is amended by adding after 
section 44106 the following new section:
``Sec. 44106a. Summary revocation of aircraft certificate
     ``(a) The registration of an aircraft shall be immediately revoked 
upon the failure of the pilot, operator, or person in charge of the 
aircraft to follow the order of a Federal law enforcement officer to 
land an aircraft, as provided in section 2237 of title 18, United 
States Code. The Administrator shall as soon as possible notify the 
owner of the aircraft that the owner no longer holds United States 
registration for that aircraft.
     ``(b) The Administrator shall establish procedures for the owner 
of the aircraft to show cause--
             ``(1) why the registration was not revoked, as a matter of 
        law, by operation of subsection (a); or
             ``(2) why circumstances existed pursuant to which the 
        Administrator should determine that, notwithstanding subsection 
        (a), it would be in the public interest to issue a new 
        certificate of registration to the owner to be effective 
        concurrent with the revocation occasioned by operation of 
        subsection (a).''.
    (b) The table of sections at the beginning of chapter 441 of title 
49, United States Code, is amended by inserting after the item relating 
to section 44106 the following:

``44106a. Summary revocation of aircraft certificate.''.
    (c) Title 49, United States Code, is amended by adding after 
section 44710 the following new section:
``Sec. 44710a. Failure to follow order to land aircraft
     ``(a) The Administrator shall issue an order revoking the airman 
certificate of any person if the Administrator finds that--
             ``(1) such person, while acting as the pilot, operator, or 
        person in charge of an aircraft failed to follow the order of a 
        Federal law enforcement officer to land the aircraft as 
        provided in section 2237 of title 18, United States Code, and
             ``(2) that such person knew or had reason to know that he 
        had been ordered to land the aircraft.
     ``(b) If the Administrator determines that extenuating 
circumstances existed, such as safety of flight, which justified a 
deviation by the airman from the order to land, the provisions of 
subsection (a) of this section shall not apply.
     ``(c) The provisions of subsections (c) and (d) of section 44710 
shall apply to any revocation of the airman certificate of any person 
for failing to follow the order of a Federal law enforcement officer to 
land an aircraft.''.
    (d) The table of sections at the beginning of chapter 447 of title 
49, United States Code, is amended by inserting after the item relating 
to section 44710 the following:

``44710a. Failure to follow order to land aircraft.''.

SEC. 1203. COAST GUARD AIR INTERDICTION AUTHORITY.

     ``(a) In General.--Chapter 5 of title 14, United States Code, is 
amended by adding at the end the following new section:
``Sec. 96. Air interdiction authority
     ``The Coast Guard may issue orders and make inquiries, searches, 
seizures, and arrests with respect to violations of laws of the United 
States occurring aboard any aircraft subject to the jurisdiction of the 
United States as defined in section 2237 of title 18, United States 
Code. Any order issued under this section to land an aircraft shall be 
communicated pursuant to regulations promulgated pursuant to section 
2237 of title 18, United States Code.''.
    (b) Clerical Amendment.--The analysis at the beginning of chapter 5 
of title 14, United States Code, is amended by adding at the end of the 
following new item:

``96. Air interdiction authority.''.

SEC. 1204. COAST GUARD CIVIL PENALTY PROVISIONS.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding at the end the following new section:
``Sec. 673. Civil penalty for failure to comply with a lawful boarding, 
              order to land, obstruction of boarding, or providing 
              false information
    ``(a) The master, operator, or person in charge of a vessel, or the 
pilot, operator, or person in charge of an aircraft who fails to comply 
with an order of a Coast Guard commissioned officer, warrant officer, 
or petty officer relating to the boarding of a vessel or landing of an 
aircraft issued under the authority of section 2237 of title 18, United 
States Code, or section 96 of this title, and communicated according to 
regulations promulgated under section 2237 of title 18, United States 
Code, or according to any applicable, internationally recognized 
standards, or in any other manner reasonably calculated to be received 
and understood, shall be liable for a civil penalty of not more than 
$15,000. For intentional violations of this section, a civil penalty of 
not more than $25,000 shall be assessed.
    ``(b) A vessel or aircraft used to violate an order relating to the 
boarding of a vessel or landing of an aircraft issued under the 
authority of section 2237 of title 18, United States Code, or section 
96 of this title, is also liable in rem and may be seized, forfeited, 
and sold in accordance with customs law, specifically section 1594 of 
title 19, United States Code.''.
    (b) Clerical Amendment.--The analysis at the beginning of chapter 
17 of title 14, United States Code, is amended by adding at the end of 
the following new item:

``673. Civil penalty for failure to comply with a lawful boarding, 
                            order to land, obstruction of boarding, or 
                            providing false information.''.

SEC. 1205. CUSTOMS ORDERS.

    Section 581 of the Tariff Act of 1930 (19 U.S.C. 1581) is amended 
by adding at the end the following new subsection:
    ``(i) As used in this section, the term `authorized place' 
includes--
            ``(1) with respect to a vehicle, a location in a foreign 
        country at which United States customs officers are permitted 
        to conduct inspections, examinations, or searches; and
            ``(2) with respect to aircraft to which this section 
        applies by virtue of section 644 of this Act (19 U.S.C. 1644), 
        or regulations issued thereunder, or section 2237 of title 18, 
        United States Code, any location outside of the United States, 
        including a foreign country at which United States customs 
        officers are permitted to conduct inspections, examinations, or 
        searches.''.

SEC. 1206. CUSTOMS CIVIL PENALTY PROVISIONS.

    Part V of title IV of the Tariff Act of 1930 (19 U.S.C. 1581 et 
seq.) is amended by adding a new section 591 (19 U.S.C. 1591) as 
follows:
``Sec. 591. Civil penalty for failure to obey an order to land
    ``(a) The pilot, operator, or person in charge of an aircraft who 
fails to comply with an order of an authorized Federal law enforcement 
officer relating to the landing of an aircraft issued under the 
authority of section 581 of this Act, or section 2237 of title 18, 
United States Code, and communicated according to regulations 
promulgated under section 2237 of title 18, United States Code, or 
according to any applicable internationally recognized standards, or in 
any other manner reasonably calculated to be received and understood, 
shall be liable for a civil penalty of not more than $15,000. For 
intentional violations of this section, a civil penalty of not more 
than $25,000 shall be assessed.
    ``(b) An aircraft used to violate an order relating to the landing 
of an aircraft issued under the authority of section 581 of this Act, 
or section 2237 of title 18, United States Code, is also liable in rem 
and may be seized, forfeited, and sold in accordance with Customs law, 
specifically section 1594 of title 19, United States Code.''.

``591. Civil penalty for failure to obey and order to land.''.

              TITLE XIII--COAST GUARD AUXILIARY AMENDMENTS

SEC. 1301. ADMINISTRATION OF THE COAST GUARD AUXILIARY.

    (a) Section 821, title 14, United States Code, is amended to read 
as follows:
    ``(a) The Coast Guard Auxiliary is a nonmilitary organization 
administered by the Commandant under the direction of the Secretary. 
For command, control, and administrative purposes, the Auxiliary shall 
include such organizational elements and units as are approved by the 
Commandant, including but not limited to, a national board and staff 
(Auxiliary headquarters unit), districts, regions, divisions, 
flotillas, and other organizational elements and units. The Auxiliary 
organization and its officers shall have such rights, privileges, 
powers, and duties as may be granted to them by the Commandant, 
consistent with this title and other applicable provisions of law. The 
Commandant may delegate to officers of the Auxiliary the authority 
vested in the Commandant by this section, in the manner and to the 
extent the Commandant considers necessary or appropriate for the 
functioning, organization, and internal administration of the 
Auxiliary.
    ``(b) Each organizational element or unit of the Coast Guard 
Auxiliary organization (but excluding any corporation formed by an 
organizational element or unit of the Auxiliary under subsection (c) of 
this section), shall, except when acting outside the scope of section 
822, at all times be deemed to be an instrumentality of the United 
States, for purposes of the Federal Tort Claims Act (28 U.S.C. 2671, et 
seq.); the Military Claims Act, 10 U.S.C. 2733; the Public Vessels Act 
(46 App. U.S.C. 781-790); the Suits in Admiralty Act (46 App. U.S.C. 
741-752); the Admiralty Extension Act (46 App. U.S.C. 740); and for 
other noncontractual civil liability purposes.
    ``(c) The national board of the Auxiliary, and any Auxiliary 
district or region, may form a corporation under State law, provided 
that the formation of such a corporation is in accordance with policies 
established by the Commandant.''.
    (b) The section heading for section 821 of title 14, United States 
Code, is amended after ``Administration'' by inserting ``of the Coast 
Guard Auxiliary''.
    (c) The table of sections at the beginning of chapter 23 of title 
14, United States Code, is amended in the item relating to section 821, 
after ``Administration'' by inserting ``of the Coast Guard Auxiliary''.

SEC. 1302. PURPOSE OF THE COAST GUARD AUXILIARY.

    (a) Section 822 of title 14, United States Code, is amended by 
striking the entire text and inserting the following:
    ``The purpose of the Auxiliary is to assist the Coast Guard, as 
authorized by the Commandant, in performing any Coast Guard function, 
power, duty, role, mission, or operation authorized by law.''.
    (b) The section heading for section 822 of title 14, United States 
Code, is amended after ``Purpose'' by inserting ``of the Coast Guard 
Auxiliary''.
    (c) The table of sections at the beginning of chapter 23 of title 
14, United States Code, is amended in the item relating to section 822, 
after ``Purpose'' by inserting ``of the Coast Guard Auxiliary''.

SEC. 1403. MEMBERS OF THE AUXILIARY; STATUS.

    (a) Title 14, United States Code, is amended by inserting after 
section 823 the following new section:
``Sec. 823a. Members of the Auxiliary; status
    ``(a) Except as otherwise provided in this chapter, a member of the 
Coast Guard Auxiliary shall not be deemed to be a Federal employee and 
shall not be subject to the provisions of law relating to Federal 
employment, including those relating to hours of work, rates of 
compensation, leave, unemployment compensation, Federal employee 
benefits, ethics, conflicts of interest, and other similar criminal or 
civil statutes and regulations governing the conduct of Federal 
employees. However, nothing in this subsection shall constrain the 
Commandant from prescribing standards for the conduct and behavior of 
members of the Auxiliary.
    ``(b) A member of the Auxiliary while assigned to duty shall be 
deemed to be a Federal employee only for the purpose of the following:
            ``(1) The Federal Tort Claims Act (28 U.S.C. 2671, et 
        seq.); the Military Claims Act (10 U.S.C. 2733); the Public 
        Vessels Act (46 App. U.S.C. 781-790); the Suits in Admiralty 
        Act (46 App. U.S.C. 741-752); the Admiralty Extension Act (46 
        App. U.S.C. 740); and for other noncontractual civil liability 
        purposes;
            ``(2) compensation for work injuries under section 8101 and 
        the following of title 5, United States Code; and
            ``(3) the resolution of claims relating to damage to or 
        loss of personal property of the member incident to service 
        under the Military Personnel and Civilian Employees' Claim Act 
        of 1964 (31 U.S.C. 3721).
    ``(c) A member of the Auxiliary, while assigned to duty, shall be 
deemed to be a person acting under an officer of the United States or 
an agency thereof for purposes of the Federal Officer Removal Statute 
(28 U.S.C. 1442(a)(1)).''.
    (b) The table of sections at the beginning of chapter 23 of title 
14, United States Code, is amended after the item relating to section 
823, by inserting the following new item:

``823a. Members of the Auxiliary; status.''.

SEC. 1304. ASSIGNMENT AND PERFORMANCE OF DUTIES.

    (a) Section 830 of title 14, United States Code, is amended by 
striking the word ``specific'' from each place in which it appears;
    (b) Section 831 of title 14, United States Code, is amended by 
striking the word ``specific'' from each place in which it appears; and
    (c) Section 831 of title 14, United States Code, is amended by 
striking the word ``specific'' from each place in which it appears.

SEC. 1305. COOPERATION WITH OTHER AGENCIES, STATES, TERRITORIES, AND 
              POLITICAL SUBDIVISIONS.

    (a) Section 141 of title 14, United States Code, is amended--
            (1) in the section heading by striking ``General'' and 
        inserting ``Cooperation with other agencies, States, 
        Territories, and political subdivisions'';
            (2) in the first sentence of subsection (a), after 
        ``personnel and facilities'' by inserting ``(which include 
        members of the Auxiliary and facilities governed under chapter 
        23)'';
            (3) at the end of subsection (a), by inserting ``The 
        Commandant may prescribe conditions, including reimbursement, 
        under which personnel and facilities may be provided under this 
        subsection.''; and
            (4) in the table of sections at the beginning of chapter 7 
        of title 14, United States Code, by striking ``General'' from 
        the item relating to section 141 and inserting ``Cooperation 
        with other agencies, States, Territories, and political 
        subdivisions.''.

SEC. 1306. VESSEL DEEMED PUBLIC VESSEL.

    Section 827 of title 14, United States Code, is amended by striking 
out the text and inserting in its place the following:
    ``While assigned to authorized Coast Guard duty, any motorboat or 
yacht shall be deemed to be a public vessel of the United States and a 
vessel of the Coast Guard within the meaning of sections 646 and 647 of 
this title and other applicable provisions of law.''.

SEC. 1307. AIRCRAFT DEEMED PUBLIC AIRCRAFT.

    Section 828 of title 14, United States Code, is amended by striking 
out the text and inserting in its place the following:
    ``While assigned to authorized Coast Guard duty, any aircraft shall 
be deemed to be a Coast Guard aircraft, a public vessel of the United 
States, and a vessel of the Coast Guard within the meaning of sections 
646 and 647 of this title and other applicable provisions of law. 
Subject to the provisions of sections 823a and 831 of this title, while 
assigned to duty, qualified Auxiliary pilots shall be deemed to be 
Coast Guard pilots.''.

SEC. 1308. DISPOSAL OF CERTAIN MATERIAL.

    Section 641 of title 14, United States Code, is amended in 
subsection (a)--
            (1) after ``with or without charge,'' by inserting ``to the 
        Coast Guard Auxiliary, including any incorporated unit 
        thereof,''; and
            (2) after ``America,'' by striking ``to any incorporated 
        unit of the Coast Guard Auxiliary.''.
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