[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1004 Engrossed in Senate (ES)]
104th CONGRESS
1st Session
S. 1004
_______________________________________________________________________
AN ACT
To authorize appropriations for the United States Coast Guard, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act of
1995''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT
Sec. 201. Provision of child development services.
Sec. 202. Hurricane Andrew relief.
Sec. 203. Dissemination of results of 0-6 continuation boards.
Sec. 204. Exclude certain reserves from end-of-year strength.
Sec. 205. Officer retention until retirement eligible.
Sec. 206. Contracts for health care services.
Sec. 207. Recruiting.
Sec. 208. Access to National Driver Register information on certain
Coast Guard personnel.
Sec. 209. Coast Guard housing authorities.
Sec. 210. Board for correction of military records deadline.
TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT
Sec. 301. Increased penalties for documentation violations.
Sec. 302. Nondisclosure of port security plans.
Sec. 303. Maritime drug and alcohol testing program civil penalty.
Sec. 304. Renewal of advisory groups.
Sec. 305. Electronic filing of commercial instruments.
Sec. 306. Civil penalties.
Sec. 307. Amendment to require EPIRBS on the Great Lakes.
Sec. 308. Report on Loran-C requirements.
Sec. 309. Restrictions on closure of small boat stations.
Sec. 310. Penalty for alteration of marine safety equipment.
Sec. 311. Prohibition on overhaul, repair, and maintenance of Coast
Guard vessels in foreign shipyards.
Sec. 312. Withholding vessel clearance for violation of certain Acts.
TITLE IV--COAST GUARD AUXILIARY
Sec. 401. Administration of the Coast Guard Auxiliary.
Sec. 402. Purpose of the Coast Guard Auxiliary.
Sec. 403. Members of the auxiliary; status.
Sec. 404. Assignment and performance of duties.
Sec. 405. Cooperation with other agencies, States, Territories, and
political subdivisions.
Sec. 406. Vessel deemed public vessel.
Sec. 407. Aircraft deemed public aircraft.
Sec. 408. Disposal of certain material.
TITLE V--RECREATIONAL BOATING SAFETY IMPROVEMENT
Sec. 501. State recreational boating safety grants.
Sec. 502. Boating access.
Sec. 503. Personal flotation devices required for children.
Sec. 504. Marine Casualty Reporting.
TITLE VI--COAST GUARD REGULATORY REFORM
Sec. 601. Short title.
Sec. 602. Safety management.
Sec. 603. Use of reports, documents, records, and examinations of other
persons.
Sec. 604. Equipment approval.
Sec. 605. Frequency of inspection.
Sec. 606. Certificate of inspection.
Sec. 607. Delegation of authority of Secretary to classification
societies.
TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS
Sec. 701. Amendment of inland navigation rules.
Sec. 702. Measurement of vessels.
Sec. 703. Longshore and harbor workers compensation.
Sec. 704. Radiotelephone requirements.
Sec. 705. Vessel operating requirements.
Sec. 706. Merchant Marine Act, 1920.
Sec. 707. Merchant Marine Act, 1956.
Sec. 708. Maritime education and training.
Sec. 709. General definitions.
Sec. 710. Authority to exempt certain vessels.
Sec. 711. Inspection of vessels.
Sec. 712. Regulations.
Sec. 713. Penalties--inspection of vessels.
Sec. 714. Application--tank vessels.
Sec. 715. Tank vessel construction standards.
Sec. 716. Tanker minimum standards.
Sec. 717. Self-propelled tank vessel minimum standards.
Sec. 718. Definition--abandonment of barges.
Sec. 719. Application--load lines.
Sec. 720. Licensing of individuals.
Sec. 721. Able seamen--limited.
Sec. 722. Able seamen--offshore supply vessels.
Sec. 723. Scale of employment--able seamen.
Sec. 724. General requirements--engine department.
Sec. 725. Complement of inspected vessels.
Sec. 726. Watchmen.
Sec. 727. Citizenship and naval reserve requirements.
Sec. 728. Watches.
Sec. 729. Minimum number of licensed individuals.
Sec. 730. Officers' competency certificates convention.
Sec. 731. Merchant mariners' documents required.
Sec. 732. Certain crew requirements.
Sec. 733. Freight vessels.
Sec. 734. Exemptions.
Sec. 735. United States registered pilot service.
Sec. 736. Definitions--merchant seamen protection.
Sec. 737. Application--foreign and intercoastal voyages.
Sec. 738. Application--coastwise voyages.
Sec. 739. Fishing agreements.
Sec. 740. Accommodations for seamen.
Sec. 741. Medicine chests.
Sec. 742. Logbook and entry requirements.
Sec. 743. Coastwise endorsements.
Sec. 744. Fishery endorsements.
Sec. 745. Convention tonnage for licenses, certificates, and documents.
Sec. 746. Technical corrections.
TITLE VIII--POLLUTION FROM SHIPS
Sec. 801. Prevention of pollution from ships.
Sec. 802. Marine plastic pollution research and control.
TITLE IX--LAW ENFORCEMENT ENHANCEMENT
Sec. 901. Sanctions for failure to land or to bring to; sanctions for
obstruction of boarding and providing false
information.
Sec. 902. FAA summary revocation authority.
Sec. 903. Coast Guard air interdiction authority.
Sec. 904. Coast Guard civil penalty provisions.
Sec. 905. Customs orders.
Sec. 906. Customs civil penalty provisions.
TITLE X--CONVEYANCES
Sec. 1001. Conveyance of property in Massachusetts.
Sec. 1002. Conveyance of certain lighthouses located in Maine.
Sec. 1003. Conveyance of Squirrel Point Light.
Sec. 1004. Conveyance of Montauk Light Station, New York.
Sec. 1005. Conveyance of Point Arena Light Station.
Sec. 1006. Conveyance of property in Ketchikan, Alaska.
Sec. 1007. Conveyance of property in Traverse City, Michigan.
Sec. 1008. Transfer of Coast Guard property in New Shoreham, Rhode
Island.
Sec. 1009. Conveyance of property in Santa Cruz, California.
Sec. 1010. Conveyance of vessel S/S RED OAK VICTORY.
Sec. 1011. Conveyance of equipment.
Sec. 1012. Property exchange.
TITLE XI--MISCELLANEOUS
Sec. 1101. Florida Avenue bridge.
Sec. 1102. Oil Spill Recovery Institute.
Sec. 1103. Limited double hull exemptions.
Sec. 1104. Oil spill response vessels.
Sec. 1105. Sense of the Congress regarding passengers aboard commercial
vessels.
Sec. 1106. California cruise industry revitalization.
Sec. 1107. Lower Columbia River marine fire and safety activities.
Sec. 1108. Oil pollution research and training.
Sec. 1109. Limitation on relocation of Houston and Galveston Marine
Safety Offices.
Sec. 1110. Uninspected fish-tender vessels.
Sec. 1111. Foreign passenger vessel user fees.
Sec. 1112. Coast Guard user fees.
Sec. 1113. Vessel financing.
Sec. 1114. Manning and watch requirements on towing vessels on the
Great Lakes.
Sec. 1115. Repeal of Great Lakes endorsements.
Sec. 1116. Relief from United States documentation requirements.
Sec. 1117. Use of Canadian oil spill response and recovery vessels.
Sec. 1118. Judicial sale of certain documented vessels to aliens.
Sec. 1119. Improved authority to sell recyclable material.
Sec. 1120. Documentation of certain vessels.
Sec. 1121. Vessel deemed to be a recreational vessel.
Sec. 1122. Small passenger vessel pilot inspection program with the
State of Minnesota.
Sec. 1123. Commonwealth of the Northern Mariana Islands fishing.
Sec. 1124. Availability of extrajudicial remedies for default on
preferred mortgage liens on vessels.
Sec. 1125. Offshore facility financial responsibility requirements.
Sec. 1126. Deauthorization of navigation project, Cohasset Harbor,
Massachusetts.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 1996.--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, rebuilding, 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), 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 bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program--
(A) $16,200,000, to remain available until
expended, of which up to $14,200,000 may be made
available under section 104(e) of title 49, United
States Code; and
(B) for fiscal year 1995, $12,880,000, which may be
made available under that section.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $25,000,000, to remain
available until expended.
(b) Amounts From the Discretionary Bridge Program.--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, 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. 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) Authorized Military Strength Level.--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) Authorized Level of Military Training.--The Coast Guard is
authorized average military training study loads for fiscal year 1996
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.
TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT
SEC. 201. PROVISION OF CHILD DEVELOPMENT SERVICES.
(a) In General.--Title 14, United States Code, is amended by
inserting after section 514 the following new section:
``Sec. 515. Child development services
``(a) The Commandant may make child development services available
for members and civilian employees of the Coast Guard, and thereafter
as space is available for members of the Armed Forces and Federal
civilian employees. Child development service benefits provided under
the authority of this section shall be in addition to benefits provided
under other laws.
``(b)(1) Except as provided in paragraph (2), the Commandant may
require that amounts received as fees for the provision of services
under this section at Coast Guard child development centers be used
only for compensation of employees at those centers who are directly
involved in providing child care.
``(2) If the Commandant determines that compliance with the
limitation in paragraph (1) would result in an uneconomical and
inefficient use of such fee receipts, the Commandant 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.
``(c) The Commandant shall provide for regular and unannounced
inspections of each child development center under this section and may
use Department of Defense or other training programs to ensure that all
child development center employees under this section meet minimum
standards of training with respect to early childhood development,
activities and disciplinary techniques appropriate to children of
different ages, child abuse prevention and detection,and appropriate
emergency medical procedures.
``(d) Of the amounts available to the Coast Guard each fiscal year
for operating expenses (and in addition to amounts received as fees),
the Secretary may use for child development services under this section
an amount not to exceed the total amount the Commandant estimates will
be received by the Coast Guard in the fiscal year as fees for the
provision of those services.
``(e) The Commandant 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.
``(f) The Secretary shall promulgate regulations to implement this
section. The regulations shall establish fees to be charged for child
development services provided under this section which take into
consideration total family income.
``(g) For purposes of this section, the term `child development
center' does not include a child care services facility for which space
is allotted under section 616 of the Act of December 22, 1987 (40
U.S.C. 490b).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 13 of title 14, United States Code, is amended by inserting
after the item related to section 514 the following:
``515. Child development services.''.
SEC. 202. HURRICANE ANDREW RELIEF.
Section 2856 of the National Defense Authorization Act for Fiscal
Year 1993 (Pub. L. 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. 203. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION BOARDS.
Section 289(f) of title 14, United States Code, is amended by
striking ``Upon approval by the President, the names of the officers
selected for continuation on active duty by the board shall be promptly
disseminated to the service at large.''.
SEC. 204. 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. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.
Section 283(b) of title 14, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by striking the last sentence; and
(3) by adding at the end the following:
``(2) Upon the completion of a term under paragraph (1), an officer
shall, unless selected for further continuation--
``(A) except as provided in subparagraph (B), be honorably
discharged with severance pay computed under section 286 of
this title;
``(B) in the case of an officer who has completed at least
18 years of active service on the date of discharge under
subparagraph (A), be retained on active duty and retired on the
last day of the month in which the officer completes 20 years
of active service, unless earlier removed under another
provision of law; or
``(C) if, on the date specified for the officer's discharge
under this section, the officer has completed at least 20 years
of active service or is eligible for retirement under any law,
be retired on that date.''.
SEC. 206. 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 this title.
``(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.
``(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, 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 for 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) The amendments made by this section shall take effect on the
date of enactment of this Act. Any personal services contract entered
into on behalf of the Coast Guard in reliance upon the authority of
section 1091 of title 10 before that date is confirmed and ratified and
shall remain in effect in accordance with the terms of the contract.
SEC. 207. RECRUITING.
(a) Campus Recruiting.--Section 558 of the National Defense
Authorization Act for Fiscal Year 1995 (108 Stat. 2776) is amended--
(1) by inserting ``or the Department of Transportation'' in
subsection (a)(1) after ``the Department of Defense'';
(2) by inserting ``or the Secretary of Transportation''
after ``the Secretary of Defense'' in subsection (a)(1); and
(3) by inserting ``and the Secretary of Transportation''
after ``the Secretary of Education'' in subsection (b).
(b) Funds for Recruiting.--The text of section 468 of title 14,
United States Code, is amended to read as follows:
``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.''.
(c) Special Recruiting Authority.--Section 93 of title 14, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph (t);
(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:
``(v) employ special recruiting programs, including,
subject to appropriations Acts, the provision of financial
assistance by grant, cooperative agreement, or contract to
public or private associations, organizations, and individuals
(including academic scholarships for individuals), to meet
identified personnel resource requirements.''.
SEC. 208. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON CERTAIN
COAST GUARD PERSONNEL.
(a) Amendment to Title 14.--Section 93 of title 14, United States
Code, as amended by section 203, 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 ``; and''; and
(3) by adding at the end the following new paragraph:
``(w) 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 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, be made available to the Commandant under section
30305(a) of title 49, may receive that information, and upon
receipt, shall make the information available to the
individual.''.
(b) Amendment to Title 49.--Section 30305(b) of title 49, United
States Code, is amended by redesignating paragraph (7) as paragraph (8)
and inserting after paragraph (6) the following new paragraph:
``(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 of any of the
foregoing and 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 of the Coast Guard. 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
3 years before the request, unless the information is about a
revocation or suspension still in effect on the date of the request.''.
SEC. 209. COAST GUARD HOUSING AUTHORITIES.
(a) In General.--Part I of title 14, United States Code, is amended
by inserting after chapter 17 the following new chapter:
``CHAPTER 18--COAST GUARD HOUSING AUTHORITIES
``subchapter a
``Section
``671. Definitions.
``672. General Authority.
``673. Direct loans and loan guarantees.
``674. Leasing of housing to be constructed.
``675. Investments in nongovernmental entities.
``676. Rental guarantees.
``677. Differential lease payments.
``678. Conveyance or lease of existing property and facilities.
``679. Interim leases.
``680. Unit size and type.
``681. Support facilities.
``682. Assignment of members of the armed forces to housing units.
``683. Coast Guard Housing Improvement Fund.
``684. Reports.
``685. Expiration of authority.
``subchapter b
``691. Conveyance of damaged or deteriorated military family housing;
use of proceeds.
``692. Limited partnerships with private developers of housing.
``SUBCHAPTER A
``Sec. 671. Definitions
``In this subchapter the term `support facilities' means facilities
relating to military housing units, including child care centers, day
care centers, community centers, housing offices, maintenance
complexes, dining facilities, unit offices, fitness centers, parks, and
other similar facilities for the support of military housing.
``Sec. 672. General authority
``In addition to any other authority provided for the acquisition,
construction, or improvement of military family housing or military
unaccompanied housing, the Secretary may exercise any authority or any
combination of authorities provided under this subchapter in order to
provide for the acquisition, construction, improvement or
rehabilitation by private persons of the following:
``(1) Family housing units on or near Coast Guard
installations within the United States and its territories and
possessions.
``(2) Unaccompanied housing units on or near such Coast
Guard installations.
``Sec. 673. Direct loans and loan guarantees
``(a) Direct Loans.--(1) Subject to subsection (c), the Secretary
may make direct loans to persons in the private sector in order to
provide funds to such persons for the acquisition, construction,
improvement, or rehabilitation of housing units that the Secretary
determines are suitable for use as military family housing or as
military unaccompanied housing.
``(2) The Secretary shall establish such terms and conditions with
respect to loans made under this subsection as the Secretary considers
appropriate to protect the interests of the United States, including
the period and frequency for repayment of such loans and the
obligations of the obligors on such loans upon default.
``(b) Loan Guarantees.--(1) Subject to subsection (c), the
Secretary may guarantee a loan made to any person in the private sector
if the proceeds of the loan are to be used by the person to acquire,
construct, improve, or rehabilitate housing units that the Secretary
determines are suitable for use as military family housing or as
military unaccompanied housing.
``(2) The amount of a guarantee on a loan that may be provided
under paragraph (1) may not exceed the amount equal to the lesser of--
``(A) the amount equal to 80 percent of the value of the
project; or
``(B) the amount of the outstanding principal of the loan.
``(3) The Secretary shall establish such terms and conditions with
respect to guarantees of loans under this subsection as the Secretary
considers appropriate to protect the interests of the United States,
including the rights and obligations of obligors of such loans and the
rights and obligations of the United States with respect to such
guarantees.
``(c) Limitation on Direct Loan and Guarantee Authority.--Direct
loans and loan guarantees may be made under this section only to the
extent that appropriations of budget authority to cover their cost (as
defined in section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5)) are made in advance, or authority is otherwise provided
in appropriations Acts. If such appropriation or other authority is
provided, there may be established a financing account (as defined in
section 502(7) of such Act (2 U.S.C. 661a(7)) which shall be available
for the disbursement of direct loans or payment of claims for payment
on loan guarantees under this section and for all other cash flows to
and from the Government as a result of direct loans and guarantees made
under this section.
``Sec. 674. Leasing of housing to be constructed
``(a) Build and Lease Authorized.--The Secretary may enter into
contracts for the lease of family housing units or unaccompanied
housing units to be constructed, improved, or rehabilitated under this
subchapter.
``(b) Lease Terms.--A contract under this section may be for any
period that the Secretary determines appropriate.
``Sec. 675. Investments in nongovernmental entities
``(a) Investments Authorized.--The Secretary may make investments
in nongovernmental entities carrying out projects for the acquisition,
construction, improvement, or rehabilitation of housing units suitable
for use as military family housing or as military unaccompanied
housing.
``(b) Forms of Investment.--An investment under this section may
take the form of a direct investment by the United States, an
acquisition of a limited partnership interest by the United States, a
purchase of stock or other equity instruments by the United States, a
purchase of bonds or other debt instruments by the United States, or
any combination of such forms of investment.
``(c) Limitation on Value of Investment.--(1) The cash amount of an
investment under this section in a nongovernmental entity may not
exceed an amount equal to 35 percent of the capital cost (as determined
by the Secretary) of the project or projects that the entity proposes
to carry out under this section with the investment.
``(2) If the Secretary conveys land or facilities to a
nongovernmental entity as all or part of an investment in the entity
under this section, the total value of the investment by the Secretary
under this section may not exceed an amount equal to 45 percent of the
capital cost (as determined by the Secretary) of the project or
projects that the entity proposes to carry out under this section with
the investment.
``(3) In this subsection, the term `capital cost', with respect to
a project for the acquisition, construction, improvement, or
rehabilitation of housing, means the total amount of the costs included
in the basis of the housing for Federal income tax purposes.
``(d) Collateral Incentive Agreements.--The Secretary may enter
into collateral incentive agreements with nongovernmental entities in
which the Secretary makes an investment under this section to ensure
that a suitable preference will be afforded members of the armed forces
in the lease or purchase, as the case may be, of a reasonable number of
the housing units covered by the investment.
``Sec. 676. Rental guarantees
``The Secretary may enter into agreements with private persons that
acquire, construct, improve, or rehabilitate family housing units or
unaccompanied housing units under this subchapter in order to assure--
``(1) the occupancy of such units at levels specified in
the agreements; or
``(2) rental income derived from rental of such units at
levels specified in the agreements.
``Sec. 677. Differential lease payments
``The Secretary, pursuant to an agreement entered into by the
Secretary and a private lessor of family housing or unaccompanied
housing to members of the armed forces, may pay the lessor an amount in
addition to the rental payments for the housing made by the members as
the Secretary determines appropriate to encourage the lessor to make
the housing available to members of the armed forces as family housing
or as unaccompanied housing.
``Sec. 678. Conveyance or lease of existing property and facilities
``(a) Conveyance or Lease Authorized.--The Secretary may convey or
lease property or facilities (including support facilities) to private
persons for purposes of using the proceeds of such conveyance or lease
to carry out activities under this subchapter.
``(b) Terms and Conditions.--(1) The conveyance or lease of
property or facilities under this section shall be for such
consideration and upon such terms and conditions as the Secretary
considers appropriate for the purposes of this subchapter and to
protect the interests of the United States.
``(2) As part or all of the consideration for a conveyance or lease
under this section, the purchaser or lessor (as the case may be) may
enter into an agreement with the Secretary to ensure that a suitable
preference will be afforded members of the armed forces in the lease or
sublease of a reasonable number of the housing units covered by the
conveyance or lease, as the case may be, or in the lease of other
suitable housing units made available by the purchaser or lessee.
``(c) Inapplicability of Certain Property Management Laws.--The
conveyance or lease of property or facilities under this section shall
not be subject to the following provisions of law:
``(1) The Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.).
``(2) Section 321 of the Act of June 30, 1932 (commonly
known as the Economy Act) (47 Stat. 412, chapter 314; 40 U.S.C.
303b).
``(3) The Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11301 et seq.).
``Sec. 679. Interim leases
``Pending completion of a project to acquire, construct, improve,
or rehabilitate family housing units or unaccompanied housing units
under this subchapter, the Secretary may provide for the interim lease
of such units of the project as are complete. The term of a lease under
this section may not extend beyond the date of the completion of the
project concerned.
``Sec. 680. Unit size and type
``The Secretary shall ensure that the room patterns and floor areas
of family housing units and unaccompanied housing units acquired,
constructed, improved, or rehabilitated under this subchapter are
generally comparable to the room patterns and floor areas of similar
housing units in the locality concerned.
``Sec. 681. Support facilities
``Any project for the acquisition, construction, improvement, or
rehabilitation of family housing units or unaccompanied housing units
under this subchapter may include the acquisition, construction, or
improvement of support facilities for the housing units concerned.
``Sec. 682. Assignment of members of the armed forces to housing units
``(a) In General.--The Secretary may assign members of the armed
forces to housing units acquired, constructed, improved, or
rehabilitated under this subchapter.
``(b) Effect of Certain Assignments on Entitlement to Housing
Allowances.--(1) Except as provided in paragraph (2), housing referred
to in subsection (a) shall be considered as quarters of the United
States or a housing facility under the jurisdiction of a uniformed
service for purposes of section 403(b) of title 37.
``(2) A member of the armed forces who is assigned in accordance
with subsection (a) to a housing unit not owned or leased by the United
States shall be entitled to a basic allowance for quarters under
section 403 of title 37 and, if in a high housing cost area, a variable
housing allowance under section 403a of that title.
``(c) Lease Payments Through Pay Allotments.--The Secretary may
require members of the armed forces who lease housing in housing units
acquired, constructed, improved, or rehabilitated under this subchapter
to make lease payments for such housing pursuant to allotments of the
pay of such members under section 701 of title 37.
``Sec. 683. Coast Guard Housing Improvement Fund
``(a) Establishment.--There is hereby established on the books of
the Treasury an account to be known as the Coast Guard Housing
Improvement Fund (in this section referred to as the `Fund').
``(b) Credits to Fund.--There shall be credited to the Fund the
following:
``(1) Funds appropriated to the Fund.
``(2) Any funds that the Secretary may, to the extent
provided in appropriation Acts, transfer to the Fund from funds
appropriated to the Department of Transportation or Coast Guard
for family housing, except that such funds may be transferred
only after the Secretary transmits written notice of, and
justification for, such transfer to the appropriate committees
of Congress.
``(3) Any funds that the Secretary may, to the extent
provided in appropriations Acts, transfer to the Fund from
funds appropriated to the Department of Transportation or Coast
Guard for military unaccompanied housing or for the operation
and maintenance of military unaccompanied housing, except that
such funds may be transferred only after the Secretary
transmits written notice of, and justification for, such
transfer to the appropriate committees of Congress.
``(4) Proceeds from the conveyance or lease of property or
facilities under section 678 of this title.
``(5) Income from any activities under this subchapter,
including interest on loans made under section 673 of this
title, income and gains realized from investments under section
675 of this title, and any return of capital invested as part
of such investments.
``(c) Use of Funds.--(1) To the extent provided in appropriations
Acts and except as provided in paragraphs (2) and (3), the Secretary
may use amounts in the Fund to carry out activities under this
subchapter (including activities required in connection with the
planning, execution, and administration of contracts or agreements
entered into under the authority of this subchapter).
``(2)(A) Funds in the Fund that are derived from appropriations or
transfers of funds for military family housing, or from income from
activities under this subchapter with respect to such housing, may be
used in accordance with paragraph (1) only to carry out activities
under this subchapter with respect to military family housing.
``(B) Funds in the Fund that are derived from appropriations or
transfers of funds for military unaccompanied housing, or from income
from activities under this subchapter with respect to such housing, may
be used in accordance with paragraph (1) only to carry out activities
under this subchapter with respect to military unaccompanied housing.
``(3) The Secretary may not enter into a contract or agreement to
carry out activities under this subchapter unless the Fund contains
sufficient amounts, as of the time the contract or agreement is entered
into, to satisfy the total obligations to be incurred by the United
States under the contract or agreement.
``(d) Limitation on Amount of Budget Authority.--The total value in
budget authority of all contracts, agreements, and investments
undertaken using the authorities provided in this subchapter shall not
exceed $60,000,000.
``Sec. 684. Reports
The Secretary shall include each year in the materials the
Secretary submits to the Congress in support of the budget submitted by
the President pursuant to section 1105 of title 31, United States Code,
the following:
``(1) A report on the amount and nature of the deposits
into, and the expenditures from, the Coast Guard Housing
Improvement Fund established under section 683 of this title
during the preceding fiscal year.
``(2) A report on each contract or agreement for a project
for the acquisition, construction, improvement, or
rehabilitation of family housing units or unaccompanied housing
units that the Secretary proposes to solicit under this
subchapter, describing the project and the method of
participation of the United States in the project and providing
justification of such method of participation.
``(3) A methodology for evaluating the extent and
effectiveness of the use of the authorities under this
subchapter during such preceding fiscal year.
``(4) A description of the objectives of the Department of
Transportation for providing military family housing and
military unaccompanied housing for members of the Coast Guard.
``Sec. 685. Expiration of authority
``The authority to enter into a transaction under this subchapter
shall expire 5 years after the date of the enactment of the Coast Guard
Authorization Act of 1995.
``SUBCHAPTER B
``Sec. 691. Conveyance of damaged or deteriorated military family
housing; use of proceeds
``(a) Authority to Convey.--
``(1) Subject to paragraph (2), the Secretary may convey
any family housing facility that, due to damage or
deterioration, is in a condition that is uneconomical to
repair. Any conveyance of a family housing facility under this
section may include a conveyance of the real property
associated with the facility conveyed.
``(2) The aggregate total value of the family housing
facilities conveyed by the Secretary under the authority in
this subsection in any fiscal year may not exceed $5,000,000.
``(3) For purposes of this subsection, a family housing
facility is in a condition that is uneconomical to repair if
the cost of the necessary repairs for the facility would exceed
the amount equal to 70 percent of the cost of constructing a
family housing facility to replace such a facility.
``(b) Consideration.--
``(1) As consideration for the conveyance of a family
housing facility under subsection (a), the person to whom the
facility is conveyed shall pay the United States an amount
equal to the fair market value of the facility conveyed,
including any real property conveyed along with the facility.
``(2) The Secretary shall determine the fair market value
of any family housing facility and associated real property
that is conveyed under subsection (a). Such determinations
shall be final.
``(c) Notice and Wait Requirements.--The Secretary may not enter
into an agreement to convey a family housing facility under this
section until--
``(1) the Secretary submits to the appropriate committees
of Congress, in writing, a justification for the conveyance
under the agreement, including--
``(A) an estimate of the consideration to be
provided the United States under the agreement;
``(B) an estimate of the cost of repairing the
family housing facility to be conveyed; and
``(C) an estimate of the cost of replacing the
family housing facility to be conveyed; and
``(2) a period of 21 calendar days has elapsed after the
date on which the justification is received by the committees.
``(d) Inapplicability of Certain Property Disposal Laws.--The
following provisions of law do not apply to the conveyance of a family
housing facility under this section:
``(1) The provisions of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
``(2) The provisions of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11301 et seq.).
``(e) Use of Proceeds.--(1) The proceeds of any conveyance of a
family housing facility under this section shall be credited to the
Coast Guard Housing Improvement Fund (Fund) established under section
683 of this title and available for the purposes described in paragraph
(2).
``(2) The proceeds of a conveyance of a family housing facility
under this section may be used for the following purposes:
``(A) To construct family housing units to replace the
family housing facility conveyed under this section, but only
to the extent that the number of units constructed with such
proceeds does not exceed the number of units of military family
housing of the facility conveyed.
``(B) To repair or restore existing military family
housing.
``(C) To reimburse the Secretary for the costs incurred by
the Secretary in conveying the family housing facility.
``(3) Notwithstanding section 683(c) of this title, proceeds in the
account under this subsection shall be available under paragraph (1)
for purposes described in paragraph (2) without any further
appropriation.
``(f) Description of Property.--The exact acreage and legal
description of any family housing facility conveyed under this section,
including any real property associated with such facility, shall be
determined by such means as the Secretary considers satisfactory,
including by survey in the case of real property.
``(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
of family housing facilities under this section as the Secretary
considers appropriate to protect the interests of the United States.
``Sec. 692. Limited partnerships with private developers of housing
``(a) Limited Partnerships.--(1) In order to meet the housing
requirements of members of the Coast Guard, and the dependents of such
members, at a military installation described in paragraph (2), the
Secretary of Transportation may enter into a limited partnership with
one or more private developers to encourage the construction of housing
and accessory structures within commuting distance of the installation.
The Secretary may contribute not more than 35 percent of the
development costs under a limited partnership.
``(2) Paragraph (1) applies to a military installation under the
jurisdiction of the Secretary at which there is a shortage of suitable
housing to meet the requirements of members and dependents referred to
in such paragraph.
``(b) Collateral Incentive Agreements.--The Secretary may also
enter into collateral incentive agreements with private developers who
enter into a limited partnership under subsection (a) to ensure that,
where appropriate--
``(1) a suitable preference will be afforded members of the
Coast Guard in the lease or purchase, as the case may be, of a
reasonable number of the housing units covered by the limited
partnership; or
``(2) the rental rates or sale prices, as the case may be,
for some or all of such units will be affordable for such
members.
``(c) Selection of Investment Opportunities.--
``(1) The Secretary shall use publicly advertised,
competitively bid or competitively negotiated, contracting
procedures, as provided in chapter 137 of title 10, United
States Code, to enter into limited partnerships under
subsection (a).
``(2) When a decision is made to enter into a limited
partnership under subsection (a), the Secretary shall submit a
report in writing to the appropriate committees of Congress on
that decision. Each such report shall include the justification
for the limited partnership, the terms and conditions of the
limited partnership, a description of the development costs for
projects under the limited partnership, and a description of
the share of such costs to be incurred by the Secretary. The
Secretary may then enter into the limited partnership only
after the end of the 21-day period beginning on the date the
report is received by such committees.
``(d) Funds.--(1) Any proceeds received by the Secretary from the
repayment of investments or profits on investments of the Secretary
under subsection (a) shall be deposited into the Coast Guard Housing
Improvement Fund established under section 683 of this title.
``(2) From such amounts as is provided in advance in appropriation
Acts, funds in the Coast Guard Housing Improvement Fund shall be
available to the Secretary for contracts, investments, and expenses
necessary for the implementation of this section.
``(3) The Secretary may not enter into a contract in connection
with a limited partnership under subsection (a) or a collateral
incentive agreement under subsection (b) unless a sufficient amount of
the unobligated balance of the funds in the Coast Guard Housing
Improvement Fund is available to the Secretary, as of the time the
contract is entered into, to satisfy the total obligations to be
incurred by the United States under the contract.
``(e) Transfer of Lands Prohibited.--Nothing in this section shall
be construed to permit the Secretary, as part of a limited partnership
entered into under this section, to transfer the right, title, or
interest of the United States in any real property under the
jurisdiction of the Secretary.
``(f) Expiration and Termination of Authorities.--The authority to
enter into a transaction under this section shall expire 5 years after
the date of the enactment of the Coast Guard Authorization Act of
1995.''.
(b) Final Report.--Not later than March 1, 2000, the Secretary
shall submit to Congress a report on the use by the Secretary of the
authorities provided by subchapter A of chapter 18 of title 14, United
States Code, as added by subsection (a) of this section. The report
shall assess the effectiveness of such authority in providing for the
construction and improvement of military family housing and military
unaccompanied housing.
(c) Clerical Amendment.--The table of chapters at the beginning of
part I of title 14, is amended by inserting after the item relating to
chapter 17 the following:
``18. Coast Guard Housing Authorities.. 671.''.
SEC. 210. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE.
(a) Remedies Deemed Exhausted.--Ten months after a complete
application for correction of military records is received by the Board
for Correction of Military Records of the Coast Guard, administrative
remedies are deemed to have been exhausted, and--
(1) if the Board has rendered a recommended decision, its
recommendation shall be final agency action and not subject to
further review or approval within the Department of
Transportation; or
(2) if the Board has not rendered a recommended decision,
agency action is deemed to have been unreasonably delayed or
withheld and the applicant is entitled to--
(A) an order under section 706(1) of title 5,
United States Code, directing final action be taken
within 30 days from the date the order is entered; and
(B) from amounts appropriated to the Department of
Transportation, the costs of obtaining the order,
including a reasonable attorney's fee.
(b) Existing Deadline Mandatory.--The 10-month deadline established
in section 212 of the Coast Guard Authorization Act of 1989 (Public Law
101-225; 103 Stat. 1914) is mandatory.
(c) Special Right of Applications Under this Section.--This section
applies to any applicant who had an application filed with or pending
before the Board or the Secretary of Transportation on or after June
12, 1990, who files with the board an application for relief under this
section. If a recommended decision was modified or reversed on review
with final agency action occurring after expiration of the 10-month
deadline, an applicant who so requests shall have the order in the
final decision vacated and receive the relief granted in the
recommended decision if the Coast Guard has the legal authority to
grant such relief. The recommended decision shall otherwise have no
effect as precedent.
TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT
SEC. 301. INCREASED PENALTIES FOR DOCUMENTATION VIOLATIONS.
(a) Civil Penalty.-- Section 12122(a) of title 46, United States
Code, is amended by striking ``$500'' and inserting ``$10,000''.
(b) Seizure and Forfeiture.--
(1) In general.-- Section 12122(b) of title 46, United
States Code, is amended to read as follows:
``(b) A vessel and its equipment are liable to seizure by and
forfeiture to the United States Government--
``(1) when the owner of a vessel or the representative or
agent of the owner knowingly falsifies or conceals a material
fact, or knowingly 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, other than a vessel with
only a recreational endorsement operating within the
territorial waters of the United States, is placed under the
command of a person not a citizen of the United States.''.
(2) Conforming amendment.--Section 12122(c) of title 46,
United States Code, is repealed.
(c) Limitation on Operation of Vessel With Only Recreational
Endorsement.--Section 12110(c) of title 46, United States Code, is
amended to read as follows:
``(c) A vessel with only a recreational endorsement may not be
operated other than for pleasure.''.
(d) Termination of Restriction on Command of Recreational
Vessels.--
(1) Termination of restriction.--Subsection (d) of section
12110 of title 46, United States Code, is amended by inserting
``, other than a vessel with only a recreational endorsement
operating within the territorial waters of the United States,''
after ``A documented vessel''; and
(2) Conforming amendment.--Section 12111(a)(2) of title 46,
United States Code, is amended by inserting before the period
the following: ``in violation of section 12110(d) of this
title''.
SEC. 302. NONDISCLOSURE OF PORT SECURITY PLANS.
Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226),
is amended by adding at the end the following new subsection (c):
``(c) Nondisclosure of Port Security Plans.--Notwithstanding any
other provision of law, information related to security plans,
procedures, or programs for passenger vessels or passenger terminals
authorized under this Act is not required to be disclosed to the
public.''.
SEC. 303. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL PENALTY.
(a) In General.--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) Conforming Amendment.--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. 304. RENEWAL OF ADVISORY GROUPS.
(a) Navigation Safety Advisory Council.--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) 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 ``September
30, 2000''.
(c) Towing Safety Advisory Committee.--Subsection (e) of the Act to
Establish A Towing Safety Advisory Committee in the Department of
Transportation (33 U.S.C. 1231a(e)) is amended by striking ``September
30, 1995'' and inserting ``September 30, 2000''.
(d) Houston-Galveston Navigation Safety Advisory Committee.--The
Coast Guard Authorization Act of 1991 (Public Law 102-241, 105 Stat.
2208-2235) is amended by adding at the end of section 18 the following:
``(h) The Committee shall terminate on September 30, 2000.''.
(e) Lower Mississippi River Waterway Advisory Committee.--The Coast
Guard Authorization Act of 1991 (Public Law 102-241, 105 Stat. 2208-
2235) is amended by adding at the end of section 19 the following:
``(g) The Committee shall terminate on September 30, 2000.''.
SEC. 305. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS.
Section 31321(a) of title 46, United States Code, is amended by
adding at the end the following new paragraph:
``(4)(A) A bill of sale, conveyance, mortgage, assignment,
or related instrument may be filed electronically under
regulations prescribed by the Secretary.
``(B) A filing made electronically under subparagraph (A)
shall not be effective after the 10-day period beginning on the
date of the filing unless the original instrument is provided
to the Secretary within that 10-day period.''.
SEC. 306. 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 Towing Vessel in Violation of Manning
Requirements.--Section 8906 of title 46, United States Code, is amended
by striking ``$1,000'' and inserting ``not more than $25,000''.
SEC. 307. 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. 308. REPORT ON LORAN-C REQUIREMENTS.
Not later than 6 months after the date of enactment of this Act,
the Secretary of Transportation, in cooperation with the Secretary of
Commerce, shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a plan prepared in
consultation with users of the LORAN-C radionavigation system defining
the future use of and funding for operations, maintenance, and upgrades
of the LORAN-C radionavigation system. The plan shall provide for--
(1) mechanisms to make full use of compatible satellite and
LORAN-C technology by all modes of transportation, the
telecommunications industry, and the National Weather Service;
(2) an appropriate timetable for transition from ground-
based radionavigation technology after it is determined that
satellite-based technology is available as a sole means of safe
and efficient navigation and taking into consideration the need
to ensure that LORAN-C technology purchased by the public
before the year 2000 has a useful economic life; and
(3) agencies in the Department of Transportation and other
relevant Federal agencies to share the Federal government's
costs related to LORAN-C technology.
SEC. 309. RESTRICTIONS ON CLOSURE OF SMALL BOAT STATIONS.
(a) Prohibition.-- The Secretary of Transportation (hereinafter in
this section referred to as the ``Secretary'') shall not close any
Coast Guard multi-mission small boat station or subunit before October
1, 1996.
(b) Closure Requirements.--After October 1, 1996, the Secretary
shall not close any Coast Guard multi-mission small boat station or
subunit unless the following requirements have been met:
(1) The Secretary shall determine that--
(A) adequate search-and-rescue capabilities will
maintain the safety of the maritime public in the area
of the station or subunit; and
(B) the closure will not result in degradation of
services (including but not limited to search and
rescue, enforcement of fisheries and other laws and
treaties, recreational boating safety, port safety and
security, aids to navigation, and military readiness)
that would cause significant increased threat to life,
property, environment, public safety or national
security.
(2) In making the decision to close a station or subunit,
the Secretary shall assess--
(A) the benefit of the station or subunit in
deterring or preventing violations of applicable laws
and regulations;
(B) unique regional or local prevailing weather and
marine conditions including water temperature and
unusual tide and current conditions; and
(C) other Federal, State, and local government
capabilities which could fully or partially substitute
for services provided by such station or subunit.
(4) The Secretary shall develop a transition plan for the
area affected by the closure to ensure the Coast Guard service
needs of the area continue to be met.
(5) The Secretary shall implement a process to--
(A) notify the public of the intended closure;
(B) make available to the public information used
in making the determination and assessment under this
section; and
(C) provide an opportunity for public
participation, including public meetings and the
submission of and summary response to written comments,
with regard to the decision to close the station or
subunit and the development of a transition plan.
(c) Notification.--If, after the requirements of subsection (b) are
met and after consideration of public comment, the Secretary decides to
close a small-boat station or subunit, the Secretary shall provide
notification of that decision, at least 60 days before the closure is
effected, to the public, the Committee on Commerce, Science and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(d) Operational Flexibility.--Notwithstanding the requirements of
this section, the Secretary may implement any management efficiencies
within the small boat system, such as modifying the operational posture
of units or reallocating resources as necessary to ensure the safety of
the maritime public nationwide, provided that no stations or subunits
are closed.
SEC. 310. PENALTY FOR ALTERATION OF MARINE SAFETY EQUIPMENT.
Section 3318(b) of title 46, United States Code, is amended--
(1) by inserting ``(1)'' before ``A person''; and
(2) by adding at the end thereof the following:
``(2) A person that knowingly alters lifesaving, fire
safety, or any other equipment subject to this part, so that
the equipment altered is so defective as to be insufficient to
accomplish the purpose for which it is intended, commits a
class D felony.''.
SEC. 311. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE OF COAST
GUARD VESSELS IN FOREIGN SHIPYARDS.
(a) Prohibition.--Chapter 5 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 96. Prohibition on overhaul, repair, and maintenance of Coast
Guard vessels in foreign shipyards
``A Coast Guard vessel may not be overhauled, repaired, or
maintained in any shipyard located outside the United States, except
that this section does not apply to emergency repairs.''.
(b) Clerical Amendment.--The chapter analysis for chapter 5 of
title 14, United States Code, is amended by adding at the end the
following:
``96. Prohibition on overhaul, repair, and maintenance of Coast Guard
vessels in foreign shipyards.''.
SEC. 312. WITHHOLDING VESSEL CLEARANCE FOR VIOLATION OF CERTAIN ACTS.
(a) Title 49, United States Code.--Section 5122 of title 49, United
States Code, is amended by adding at the end the following new
subsection:
``(c) Withholding of Clearance.--(1) 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 any clearance
required by section 4197 of the Revised Statutes of the United States
(46 U.S.C. App. 91).
``(2) Clearance refused or revoked under this subsection may be
granted upon the filing of a bond or other surety satisfactory to the
Secretary.''.
(b) Port and Waterways Safety Act.--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.--(1) If any owner, operator, or
person in charge of a vessel is liable for a penalty or fine under this
section, or if reasonable cause exists to believe that the owner,
operator, or person in charge may be subject to a penalty or fine under
this section, the Secretary of the Treasury, upon the request of the
Secretary, shall with respect to such vessel refuse or revoke any
clearance required by section 4197 of the Revised Statutes of the
United States (46 U.S.C. App. 91).
``(2) Clearance refused or revoked under this subsection may be
granted upon filing of a bond or other surety satisfactory to the
Secretary.''.
(c) Inland Navigation Rules Act of 1980.--Section 4(d) of the
Inland Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) is amended to
read as follows:
``(d) Withholding of Clearance.--(1) If any owner, operator, or
person in charge of a vessel is liable for a penalty under this
section, or if reasonable cause exists to believe that the owner,
operator, or person in charge may be subject to a penalty under this
section, the Secretary of the Treasury, upon the request of the
Secretary, shall with respect to such vessel refuse or revoke any
clearance required by section 4197 of the Revised Statutes of the
United States (46 U.S.C. App. 91).
``(2) 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) Title 46, United States Code.--Section 3718(e) of title 46,
United States Code, is amended to read as follows:
``(e)(1) If any owner, operator, or person in charge of a vessel is
liable for any penalty or fine under 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 under this section, the Secretary
of the Treasury, upon the request of the Secretary, shall with respect
to such vessel refuse or revoke any clearance required by section 4197
of the Revised Statutes of the United States (46 U.S.C. App. 91).
``(2) 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.''.
TITLE IV--COAST GUARD AUXILIARY
SEC. 401. 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 U.S.C. App. 781-790), the Suits in Admiralty Act (46 U.S.C. App.
741-752), the Admiralty Extension Act (46 U.S.C. App. 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. 402. 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 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. 403. 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 purposes 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 U.S.C. App. 781-790), the Suits in Admiralty Act (46
U.S.C. App. 741-752), the Admiralty Extension Act (46 U.S.C.
App. 740), and for other noncontractual civil liability
purposes;
``(2) compensation for work injuries under chapter 81 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' Claims 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 section 1442(a)(1) of title 28,
United States Code.''.
(b) The table of sections for chapter 23 of title 14, United States
Code, is amended by inserting the following new item after the item
relating to section 823:
``823a. Members of the Auxiliary; status.''.
SEC. 404. ASSIGNMENT AND PERFORMANCE OF DUTIES.
Title 14, United States Code, is amended by striking ``specific''
each place it appears in sections 830, 831, and 832.
SEC. 405. COOPERATION WITH OTHER AGENCIES, STATES, TERRITORIES, AND
POLITICAL SUBDIVISIONS.
(a) Section 141 of title 14, United States Code, is amended --
(1) by striking ``General'' in the section caption and
inserting ``Cooperation with other agencies, States,
Territories, and political subdivisions'';
(2) by inserting ``(which include members of the Auxiliary
and facilities governed under chapter 23)'' after ``personnel
and facilities'' in the first sentence of subsection (a); and
(3) by adding at the end of subsection (a) the following:
``The Commandant may prescribe conditions, including
reimbursement, under which personnel and facilities may be
provided under this subsection.''.
(b) The table of sections for chapter 7 of title 14, United States
Code, is amended by striking ``General'' in the item relating to
section 141 and inserting ``Cooperation with other agencies, States,
Territories, and political subdivisions.''.
SEC. 406. VESSEL DEEMED PUBLIC VESSEL.
The text of section 827 of title 14, United States Code, is amended
to read as follows:
``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. 407. AIRCRAFT DEEMED PUBLIC AIRCRAFT.
The text of section 828 of title 14, United States Code, is amended
to read as follows:
``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. 408. DISPOSAL OF CERTAIN MATERIAL.
Section 641(a) of title 14, United States Code, is amended--
(1) by inserting ``to the Coast Guard Auxiliary, including
any incorporated unit thereof,'' after ``with or without
charge,''; and
(2) by striking ``to any incorporated unit of the Coast
Guard Auxiliary,'' after ``America,''.
TITLE V--RECREATIONAL BOATING SAFETY IMPROVEMENT
SEC. 501. STATE RECREATIONAL 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); commonly referred to as the ``Dingell-
Johnson Sport Fish Restoration Act'') is amended to read as
follows:
``(b)(1) Of the balance of each annual appropriation remaining
after making the distribution under subsection (a), an amount equal to
$15,000,000 for fiscal year 1995, $40,000,000 for fiscal year 1996,
$55,000,000 for fiscal year 1997, and $69,000,000 for each of fiscal
years 1998 and 1999, shall, subject to paragraph (2), be used as
follows:
``(A) A sum equal to $7,500,000 of the amount available for
fiscal year 1995, and a sum equal to $10,000,000 of the amount
available for each of fiscal years 1996 and 1997, shall be
available for use by the Secretary of the Interior for grants
under section 5604(c) of the Clean Vessel Act of 1992. Any
portion of such a sum available for a fiscal year that is not
obligated for those grants before the end of the following
fiscal year shall be transferred to the Secretary of
Transportation and shall be expended by the Secretary of
Transportation for State recreational boating safety programs
under section 13106 of title 46, United States Code.
``(B) A sum equal to $7,500,000 of the amount available for
fiscal year 1995, $30,000,000 of the amount available for
fiscal year 1996, $45,000,000 of the amount available for
fiscal year 1997, and $59,000,000 of the amount available for
each of fiscal years 1998 and 1999, shall be transferred to the
Secretary of Transportation and shall be expended by the
Secretary of Transportation for recreational boating safety
programs under section 13106 of title 46, United States Code.
``(C) A sum equal to $10,000,000 of the amount available
for each of fiscal years 1998 and 1999 shall be available for
use by the Secretary of the Interior for--
``(i) grants under section 502(e) of the Coast
Guard Authorization Act of 1995; and
``(ii) grants under section 5604(c) of the Clean
Vessel Act of 1992.
Any portion of such a sum available for a fiscal year that is not
obligated for those grants before the end of the following fiscal year
shall be transferred to the Secretary of Transportation and shall be
expended by the Secretary of Transportation for State recreational
boating safety programs under section 13106 of title 46, United States
Code.
``(2)(A) Beginning with fiscal year 1996, the amount transferred
under paragraph (1)(B) for a fiscal year shall be reduced by the lesser
of--
``(i) the amount appropriated for that fiscal year from the
Boat Safety Account in the Aquatic Resources Trust Fund
established under section 9504 of the Internal Revenue Code of
1986 to carry out the purposes of section 13106 of title 46,
United States Code; or
``(ii) $35,000,000.
``(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) of this
section 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))''.
(b) Expenditure of Amounts for State Recreational Boating Safety
Programs.--Section 13106 of title 46, United States Code, is amended--
(1) by striking the first sentence of subsection (a)(1) and
inserting the following: ``Subject to paragraph (2), the
Secretary shall expend under contracts with States under this
chapter in each fiscal year for State recreational boating
safety programs an amount equal to the sum of the amount
appropriated from the Boat Safety Account for that fiscal year
plus the amount transferred to the Secretary under section
4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1)) for
that fiscal year.''; and
(2) by amending subsection (c) to read as follows:
``(c) For expenditure under this chapter for State recreational
boating safety programs there are authorized to be appropriated to the
Secretary of Transportation from the Boat Safety Account established
under section 9504 of the Internal Revenue Code of 1986 (26 U.S.C.
9504) not more than $35,000,000 each fiscal year.''.
(c) Excess FY 1995 Boat Safety Account Funds Transfer.--
Notwithstanding any other provision of law, $20,000,000 of the annual
appropriation from the Sport Fish Restoration Account in fiscal year
1996 made in accordance with the provisions of section 3 of the Act of
August 9, 1950 (16 U.S.C. 777b) shall be excluded from the calculation
of amounts to be distributed under section 4(a) of such Act (16 U.S.C.
777c(a)).
SEC. 502. BOATING ACCESS.
(a) Findings.--The Congress makes the following findings:
(1) Nontrailerable recreational motorboats contribute 15
percent of the gasoline taxes deposited in the Aquatic
Resources Trust Fund while constituting less than 5 percent of
the recreational vessels in the United States.
(2) The majority of recreational vessel access facilities
constructed with Aquatic Resources Trust Fund moneys benefit
trailerable recreational vessels.
(3) More Aquatic Resources Trust Fund moneys should be
spent on recreational vessel access facilities that benefit
recreational vessels that are nontrailerable vessels.
(b) Purpose.--The purpose of this section is to provide funds to
States for the development of public facilities for transient
nontrailerable vessels.
(c) Survey.--Within 18 months after the date of the enactment of
this Act, any State may complete and submit to the Secretary of the
Interior a survey which identifies--
(1) the number and location in the State of all public
facilities for transient nontrailerable vessels; and
(2) the number and areas of operation in the State of all
nontrailerable vessels that operate on navigable waters in the
State.
(d) Plan.--Within 6 months after submitting a survey to the
Secretary of the Interior in accordance with subsection (c), an
eligible State may develop and submit to the Secretary of the Interior
a plan for the construction and renovation of public facilities for
transient nontrailerable vessels to meet the needs of nontrailerable
vessels operating on navigable waters in the State.
(e) Grant Program.--
(1) Matching grants.--The Secretary of the Interior shall
obligate not less than one-half of the amount made available
for each of fiscal years 1998 and 1999 under section 4(b)(1)(C)
of the Act of August 9, 1950, as amended by section 501(a)(1)
of this Act, to make grants to any eligible State to pay not
more than 75 percent of the cost of constructing or renovating
public facilities for transient nontrailerable vessels.
(2) Priority.--
(A) In general.--In awarding grants under this
subsection, the Secretary of the Interior shall give
priority to projects that consist of the construction
or renovation of public facilities for transient
nontrailerable vessels in accordance with a plan
submitted by a State submitted under subsection (d).
(B) Within state.--In awarding grants under this
subsection for projects in a particular State, the
Secretary of the Interior shall give priority to
projects that are likely to serve the greatest number
of nontrailerable vessels.
(f) Definitions.--For the purpose of this section and section 501
of this Act the term--
(1) ``Act of August 9, 1950'' means the Act entitled ``An
Act to provide that the United States shall aid the States in
fish restoration and management projects, and for other
purposes'', approved August 9, 1950 (16 U.S.C. 777a et seq.);
(2) ``nontrailerable vessel'' means a recreational vessel
greater than 26 feet in length;
(3) ``public facilities for transient nontrailerable
vessels'' means mooring buoys, day-docks, seasonal slips or
similar structures located on navigable waters, that are
available to the general public and designed for temporary use
by nontrailerable vessels;
(4) ``recreational vessel'' means a vessel--
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the
latter's pleasure; and
(5) ``State'' means each of the several States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Marianas.
SEC. 503. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN.
(a) Prohibition.--Section 4307(a) of title 46, United States Code,
is amended--
(1) by striking ``or'' after the semicolon in paragraph
(2);
(2) by striking the period at the end of paragraph (3) and
inserting a semicolon and ``or''; and
(3) by adding at the end the following:
``(4) operate a recreational vessel under 26 feet in length
unless each individual 6 years of age or younger wears a Coast
Guard approved personal flotation device when the individual is
on an open deck of the vessel.''.
(b) State Authority Preserved.--Section 4307 of title 46, United
States Code, is amended by adding at the end thereof the following:
``(c) Subsection (a)(4) shall not be construed to limit the
authority of a State to establish requirements relating to the wearing
of personal flotation devices on recreational vessels that are more
stringent than the requirements of that subsection.''.
(c) Penalty.--Section 4311 of title 46, United States Code, is
amended by adding at the end the following new subsection:
``(h) Notwithstanding any other provision of this section, in the
case of a person violating section 4307(a)(4) of this title--
``(1) the maximum penalty assessable under subsection (a)
is a fine of $100 with no imprisonment; and
``(2) the maximum civil penalty assessable under subsection
(c) is $100.''.
SEC. 504. MARINE CASUALTY REPORTING.
(a) Submission of Plan.--Not later than one year after enactment of
this Act, the Secretary of Transportation shall, in consultation with
appropriate State agencies, submit to the Committee on Resources of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a plan to increase reporting of vessel
accidents to appropriate State law enforcement officials.
(b) Penalties for Violating Reporting Requirements.--Section
6103(a) of title 46, United States Code, is amended by inserting ``or
6102'' after ``6101'' the second place it appears.
TITLE VI--COAST GUARD REGULATORY REFORM
SEC. 601. SHORT TITLE.
This title may be cited as the ``Coast Guard Regulatory Reform Act
of 1995''.
SEC. 602. SAFETY MANAGEMENT.
(a) Management of Vessels.--Title 46, United States Code, is
amended by adding after chapter 31 the following new chapter:
``Chapter 32--Management of Vessels
``Sec.
``3201. Definitions.
``3202. Application.
``3203. Safety management system.
``3204. Implementation of safety management system.
``3205. Certification.
``Sec. 3201. Definitions
``In this chapter--
``(1) `International Safety Management Code' has the same
meaning given that term in chapter IX of the Annex to the
International Convention for the Safety of Life at Sea, 1974;
``(2) `responsible person' means--
``(A) the owner of a vessel to which this chapter
applies; or
``(B) any other person that has--
``(i) assumed the responsibility for
operation of a vessel to which this chapter
applies from the owner; and
``(ii) agreed to assume with respect to the
vessel responsibility for complying with all
the requirements of this chapter and the
regulations prescribed under this chapter.
``(3) `vessel engaged on a foreign voyage' means a vessel
to which this chapter applies--
``(A) arriving at a place under the jurisdiction of
the United States from a place in a foreign country;
``(B) making a voyage between places outside the
United States; or
``(C) departing from a place under the jurisdiction
of the United States for a place in a foreign country.
``Sec. 3202. Application
``(a) Mandatory Application.--This chapter applies to the following
vessels engaged on a foreign voyage:
``(1) Beginning July 1, 1998--
``(A) a vessel transporting more than 12 passengers
described in section 2101(21)(A) of this title; and
``(B) a tanker, bulk freight vessel, or high-speed
freight vessel, of at least 500 gross tons.
``(2) Beginning July 1, 2002, a freight vessel and a self-
propelled mobile offshore drilling unit of at least 500 gross
tons.
``(b) Voluntary Application.--This chapter applies to a vessel not
described in subsection (a) of this section if the owner of the vessel
requests the Secretary to apply this chapter to the vessel.
``(c) Exception.--Except as provided in subsection (b) of this
section, this chapter does not apply to--
``(1) a barge;
``(2) a recreational vessel not engaged in commercial
service;
``(3) a fishing vessel;
``(4) a vessel operating on the Great Lakes or its
tributary and connecting waters; or
``(5) a public vessel.
``Sec. 3203. Safety management system
``(a) In General.--The Secretary shall prescribe regulations which
establish a safety management system for responsible persons and
vessels to which this chapter applies, including--
``(1) a safety and environmental protection policy;
``(2) instructions and procedures to ensure safe operation
of those vessels and protection of the environment in
compliance with international and United States law;
``(3) defined levels of authority and lines of
communications between, and among, personnel on shore and on
the vessel;
``(4) procedures for reporting accidents and
nonconformities with this chapter;
``(5) procedures for preparing for and responding to
emergency situations; and
``(6) procedures for internal audits and management reviews
of the system.
``(b) Compliance With Code.--Regulations prescribed under this
section shall be consistent with the International Safety Management
Code with respect to vessels engaged on a foreign voyage.
``Sec. 3204. Implementation of safety management system
``(a) Safety Management Plan.--Each responsible person shall
establish and submit to the Secretary for approval a safety management
plan describing how that person and vessels of the person to which this
chapter applies will comply with the regulations prescribed under
section 3203(a) of this title.
``(b) Approval.--Upon receipt of a safety management plan submitted
under subsection (a), the Secretary shall review the plan and approve
it if the Secretary determines that it is consistent with and will
assist in implementing the safety management system established under
section 3203.
``(c) Prohibition on Vessel Operation.--A vessel to which this
chapter applies under section 3202(a) may not be operated without
having on board a Safety Management Certificate and a copy of a
Document of Compliance issued for the vessel under section 3205 of this
title.
``Sec. 3205. Certification
``(a) Issuance of Certificate and Document.--After verifying that
the responsible person for a vessel to which this chapter applies and
the vessel comply with the applicable requirements under this chapter,
the Secretary shall issue for the vessel, on request of the responsible
person, a Safety Management Certificate and a Document of Compliance.
``(b) Maintenance of Certificate and Document.--A Safety Management
Certificate and a Document of Compliance issued for a vessel under this
section shall be maintained by the responsible person for the vessel as
required by the Secretary.
``(c) Verification of Compliance.--The Secretary shall--
``(1) periodically review whether a responsible person
having a safety management plan approved under section 3204(b)
and each vessel to which the plan applies is complying with the
plan; and
``(2) revoke the Secretary's approval of the plan and each
Safety Management Certificate and Document of Compliance issued
to the person for a vessel to which the plan applies, if the
Secretary determines that the person or a vessel to which the
plan applies has not complied with the plan.
``(d) Enforcement.--At the request of the Secretary, the Secretary
of the Treasury shall withhold or revoke the clearance required by
section 4197 of the Revised Statutes (46 U.S.C. App. 91) of a vessel
that is subject to this chapter under section 3202(a) of this title or
to the International Safety Management Code, if the vessel does not
have on board a Safety Management Certificate and a copy of a Document
of Compliance for the vessel. Clearance may be granted on filing a bond
or other surety satisfactory to the Secretary.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle II of title 46, United States Code, is amended by inserting
after the item relating to chapter 31 the following:
``32. Management of vessels............ 3201''.
(c) Study.--
(1) In general.--The Secretary of the department in which
the Coast Guard is operating shall conduct, in cooperation with
the owners, charterers, and managing operators of vessels
documented under chapter 121 of title 46, United States Code,
and other interested persons, a study of the methods that may
be used to implement and enforce the International Management
Code for the Safe Operation of Ships and for Pollution
Prevention under chapter IX of the Annex to the International
Convention for the Safety of Life at Sea, 1974.
(2) Report.--The Secretary shall submit to the Congress a
report of the results of the study required under paragraph (1)
before the earlier of--
(A) the date that final regulations are prescribed
under section 3203 of title 46, United States Code (as
enacted by subsection (a); or
(B) the date that is 1 year after the date of
enactment of this Act.
SEC. 603. USE OF REPORTS, DOCUMENTS, RECORDS, AND EXAMINATIONS OF OTHER
PERSONS.
(a) Reports, Documents, and Records.--Chapter 31 of title 46,
United States Code, is amended by adding the following new section:
``Sec. 3103. Use of reports, documents, and records
``The Secretary may rely, as evidence of compliance with this
subtitle, on--
``(1) reports, documents, and records of other persons who
have been determined by the Secretary to be reliable; and
``(2) other methods the Secretary has determined to be
reliable.''.
(b) Clerical Amendment.--The table of sections for chapter 31 of
title 46, United States Code, is amended by adding at the end the
following:
``3103. Use of reports, documents, and records.''.
(c) Examinations.--Section 3308 of title 46, United States Code, is
amended by inserting ``or have examined'' after ``examine''.
SEC. 604. EQUIPMENT APPROVAL.
(a) In General.--Section 3306(b) of title 46, United States Code,
is amended to read as follows:
``(b)(1) Equipment and material subject to regulation under this
section may not be used on any vessel without prior approval of the
Secretary.
``(2) Except with respect to use on a public vessel, the Secretary
may treat an approval of equipment or materials by a foreign government
as approval by the Secretary for purposes of paragraph (1) if the
Secretary determines that--
``(A) the design standards and testing procedures used by
that government meet the requirements of the International
Convention for the Safety of Life at Sea, 1974;
``(B) the approval of the equipment or material by the
foreign government will secure the safety of individuals and
property on board vessels subject to inspection; and
``(C) for lifesaving equipment, the foreign government--
``(i) has given equivalent treatment to approvals
of lifesaving equipment by the Secretary; and
``(ii) otherwise ensures that lifesaving equipment
approved by the Secretary may be used on vessels that
are documented and subject to inspection under the laws
of that country.''.
(b) Foreign Approvals.--The Secretary of Transportation, in
consultation with other interested Federal agencies, shall work with
foreign governments to have those governments approve the use of the
same equipment and materials on vessels documented under the laws of
those countries that the Secretary requires on United States documented
vessels.
(c) Technical Amendment.--Section 3306(a)(4) of title 46, United
States Code, is amended by striking ``clauses (1)-(3)'' and inserting
``paragraphs (1), (2), and (3)''.
SEC. 605. FREQUENCY OF INSPECTION.
(a) Frequency of Inspection, Generally.--Section 3307 of title 46,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``nautical school vessel'' and
inserting ``, nautical school vessel, and small
passenger vessel allowed to carry more than 12
passengers on a foreign voyage''; and
(B) by adding ``and'' after the semicolon at the
end;
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(3) in paragraph (2) (as so redesignated), by striking ``2
years'' and inserting ``5 years''.
(b) Conforming Amendment.--Section 3710(b) of title 46, United
States Code, is amended by striking ``24 months'' and inserting ``5
years''.
SEC. 606. CERTIFICATE OF INSPECTION.
Section 3309(c) of title 46, United States Code, is amended by
striking ``(but not more than 60 days)''.
SEC. 607. DELEGATION OF AUTHORITY OF SECRETARY TO CLASSIFICATION
SOCIETIES.
(a) Authority to Delegate.--Section 3316 of title 46, United States
Code, is amended--
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(3) by striking ``Bureau'' in subsection (a), as
redesignated, and inserting ``American Bureau of Shipping'';
and
(4) in subsection (b), as so redesignated, by--
(A) redesignating paragraph (2) as paragraph (3);
and
(B) striking so much of the subsection as precedes
paragraph (3), as so redesignated, and inserting the
following:
``(b)(1) The Secretary may delegate to the American Bureau of
Shipping or another classification society recognized by the Secretary
as meeting acceptable standards for such a society, for a vessel
documented or to be documented under chapter 121 of this title, the
authority to--
``(A) review and approve plans required for issuing a
certificate of inspection required by this part;
``(B) conduct inspections and examinations; and
``(C) issue a certificate of inspection required by this
part and other related documents.
``(2) The Secretary may make a delegation under paragraph (1) to a
foreign classification society only--
``(A) to the extent that the government of the foreign
country in which the society is headquartered delegates
authority and provides access to the American Bureau of
Shipping to inspect, certify, and provide related services to
vessels documented in that country; and
``(B) if the foreign classification society has offices and
maintains records in the United States.''.
(b) Conforming Amendments.--
(1) The heading for section 3316 of title 46, United States
Code, is amended to read as follows:
``Sec. 3316. Classification societies''.
(2) The table of sections for chapter 33 of title 46,
United States Code, is amended by striking the item relating to
section 3316 and inserting the following:
``3316. Classification societies.''.
TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 701. AMENDMENT OF INLAND NAVIGATION RULES.
Section 2 of the Inland Navigational Rules Act of 1980 is 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) in Rule 15(b) (33 U.S.C. 2015(b)) by inserting ``power-
driven'' after ``Secretary, a'';
(3) in 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)) to read as
follows:
``(f) 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 vessels 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) in Rule 26 (33 U.S.C. 2026)--
(A) in each of 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) by amending subsection (d) to read as follows:
``(d) 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) 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. 702. MEASUREMENT OF VESSELS.
Section 14104 of title 46, United States Code, is amended by
redesignating the existing text after the section heading as subsection
(a) and by adding at the end the following new subsection:
``(b) If a statute allows for an alternate tonnage to be prescribed
under this section, the Secretary may prescribe it by regulation. Any
such regulation shall be considered to be an interpretive regulation
for purposes of section 553 of title 5. 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. 703. LONGSHORE AND HARBOR WORKERS COMPENSATION.
Section 3(d)(3)(B) of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 903(d)(3)(B)) is amended by inserting after
``1,600 tons gross'' the following: ``as measured under section 14502
of title 46, United States Code, or an alternate tonnage measured under
section 14302 of that title as prescribed by the Secretary under
section 14104 of that title''.
SEC. 704. 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 following ``as measured under section 14502 of title
46, United States Code, or an alternate tonnage measured under section
14302 of that title as prescribed by the Secretary under section 14104
of that title,''.
SEC. 705. VESSEL OPERATING REQUIREMENTS.
Section 4(a)(3) of the Ports and Waterways Safety Act (33 U.S.C.
1223(a)(3)) is amended by inserting after ``300 gross tons'' the
following: ``as measured under section 14502 of title 46, United States
Code, or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of that
title''.
SEC. 706. MERCHANT MARINE ACT, 1920.
Section 27A of the Merchant Marine Act, 1920 (46 U.S.C. App. 883-
1), is amended by inserting after ``five hundred gross tons'' the
following: ``as measured under section 14502 of title 46, United States
Code, or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of that
title,''.
SEC. 707. MERCHANT MARINE ACT, 1956.
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 following:
``as measured under section 14502 of title 46, United States Code, or
an alternate tonnage measured under section 14302 of that title as
prescribed by the Secretary under section 14104 of that title''.
SEC. 708. MARITIME EDUCATION AND TRAINING.
Section 1302(4)(A) of the Merchant Marine Act, 1936 (46 U.S.C. App.
1295a(4)(a)) is amended by inserting after ``1,000 gross tons or more''
the following: ``as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under section 14104 of that
title''.
SEC. 709. GENERAL DEFINITIONS.
Section 2101 of title 46, United States Code, is amended--
(1) in paragraph (13), by inserting after ``15 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of
this title'';
(2) in paragraph (13a), by inserting after ``3,500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(3) in paragraph (19), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(4) in paragraph (22), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(5) in paragraph (30)(A), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(6) in paragraph (32), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(7) in paragraph (33), by inserting after ``300 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(8) in paragraph (35), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''; and
(9) in paragraph (42), by inserting after ``100 gross
tons'' each place it appears, the following: ``as measured
under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title''.
SEC. 710. AUTHORITY TO EXEMPT 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 following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''; and
(2) in paragraph (5), by inserting after ``at least 100
gross tons but less than 500 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''.
SEC. 711. 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 following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(2) in subsection (c)(2), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(3) in subsection (c)(3), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(4) in subsection (c)(4)(A), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(5) in subsection (d)(1), by inserting after ``150 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(6) in subsection (i)(1)(A), by inserting after ``300 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''; and
(7) in subsection (j), by inserting after ``15 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of
this title''.
SEC. 712. 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 following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''; and
(2) in subsection (i), by inserting after ``at least 100
gross tons but less than 500 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''.
SEC. 713. 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 following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''; and
(2) in subsection (j)(1), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''.
SEC. 714. 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 following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(2) in subsection (c), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''; and
(3) in subsection (d), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''.
SEC. 715. 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 following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(2) in subsection (c)(2), by inserting after ``5,000 gross
tons'' each place it appears the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title'';
(3) in subsection (c)(3)(A), by inserting after ``15,000
gross tons'' the following: ``as measured under section 14502
of this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(4) in subsection (c)(3)(B), by inserting after ``30,000
gross tons'' the following: ``as measured under section 14502
of this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''; and
(5) in subsection (c)(3)(C), by inserting after ``30,000
gross tons'' the following: ``as measured under section 14502
of this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 716. 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 following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''; and
(2) in subsection (b), by inserting after ``10,000 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''.
SEC. 717. SELF-PROPELLED TANK VESSEL MINIMUM STANDARDS.
Section 3708 of title 46, United States Code, is amended by
inserting after ``10,000 gross tons'' the following: ``as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 718. DEFINITION--ABANDONMENT OF BARGES.
Section 4701(1) of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 719. 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 following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(2) in paragraph (5), by inserting after ``500 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of
this title''; and
(3) in paragraph (10), by inserting after ``150 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''.
SEC. 720. LICENSING OF INDIVIDUALS.
Section 7101(e)(3) of title 46, United States Code, is amended by
inserting after ``1,600 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 721. ABLE SEAMEN--LIMITED.
Section 7308 of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 722. ABLE SEAMEN--OFFSHORE SUPPLY VESSELS.
Section 7310 of title 46, United States Code, is amended by
inserting after ``500 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 723. 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 following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(2) in subsection (c)(1), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(3) in subsection (d), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(4) in subsection (f)(1), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''; and
(5) in subsection (f)(2), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''.
SEC. 724. GENERAL REQUIREMENTS--ENGINE DEPARTMENT.
Section 7313(a) of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 725. COMPLEMENT OF INSPECTED VESSELS.
Section 8101(h) of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 726. WATCHMEN.
Section 8102(b) of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 727. 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 following: ``as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 728. WATCHES.
Section 8104 of title 46, United States Code, is amended--
(1) in subsection (b), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(2) in subsection (d), by inserting after ``100 gross
tons'' and after ``5,000 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title'';
(3) in subsection (l)(1), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(4) in subsection (m)(1), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(5) in subsection (o)(1), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''; and
(6) in subsection (o)(2), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''.
SEC. 729. 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 following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(2) in subsection (a)(3), by inserting after ``at least 200
gross tons but less than 1,000 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title'';
(3) in subsection (a)(4), by inserting after ``at least 100
gross tons but less than 200 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title'';
(4) in subsection (a)(5), by inserting after ``300 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'';
(5) in subsection (b), by inserting after ``200 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''; and
(6) by inserting ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title'' after ``200 gross tons'' in subsection (e)(3).
SEC. 730. OFFICERS' COMPETENCY CERTIFICATES CONVENTION.
Section 8304(b)(4) of title 46, United States Code, is amended by
inserting after ``200 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 731. 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 following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''; and
(2) in subsection (a)(6), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''.
SEC. 732. CERTAIN CREW REQUIREMENTS.
Section 8702 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''; and
(2) in subsection (a)(6), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''.
SEC. 733. FREIGHT VESSELS.
Section 8901 of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 734. EXEMPTIONS.
Section 8905(b) of title 46, United States Code, is amended by
inserting after ``200 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 735. 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 following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 736. DEFINITIONS--MERCHANT SEAMEN PROTECTION.
Section 10101(4)(B) of title 46, United States Code, is amended by
inserting after ``1,600 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 737. APPLICATION--FOREIGN AND INTERCOASTAL VOYAGES.
Section 10301(a)(2) of title 46, United States Code, is amended by
inserting after ``75 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 738. APPLICATION--COASTWISE VOYAGES.
Section 10501(a) of title 46, United States Code, is amended by
inserting after ``50 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 739. FISHING AGREEMENTS.
Section 10601(a)(1) of title 46, United States Code, is amended by
inserting after ``20 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 740. ACCOMMODATIONS FOR SEAMEN.
Section 11101(a) of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 741. MEDICINE CHESTS.
Section 11102(a) of title 46, United States Code, is amended by
inserting after ``75 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 742. LOGBOOK AND ENTRY REQUIREMENTS.
Section 11301(a)(2) of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 743. COASTWISE ENDORSEMENTS.
Section 12106(c)(1) of title 46, United States Code, is amended by
striking ``two hundred gross tons'' and inserting ``200 gross tons as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title''.
SEC. 744. FISHERY ENDORSEMENTS.
Section 12108(c)(1) of title 46, United States Code, is amended by
striking ``two hundred gross tons'' and inserting ``200 gross tons as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title''.
SEC. 745. CONVENTION TONNAGE FOR LICENSES, CERTIFICATES, AND DOCUMENTS.
(a) Authority To Use Convention Tonnage.--Chapter 75 of title 46,
United States Code, is amended by adding at the end the following:
``Sec. 7506. Convention tonnage for licenses, certificates, and
documents
``Notwithstanding any provision of section 14302(c) or 14305 of
this title, the Secretary may--
``(1) 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
``(2) issue the license, certificate, or document based on
that service.''.
(b) Clerical Amendment.--The analysis to chapter 75 of title 46,
United States Code, is amended by adding a new item as follows:
``7506. Convention tonnage for licenses, certificates, and
documents.''.
SEC. 746. TECHNICAL CORRECTIONS.
(a) Title 46, United States Code, is amended--
(1) by striking the first section 12123 in chapter 121;
(2) by striking the first item relating to section 12123 in
the table of sections for such chapter 121;
(3) by striking ``proceeding'' in section 13108(a)(1) and
inserting ``preceding''; and
(4) by striking ``Secertary'' in section 13108(a)(1) and
inserting ``Secretary''.
(b) Section 645 of title 14, United States Code, is amended by
redesignating the second subsection (d) and subsections (e) through (h)
as subsection (e) and subsections (f) through (i), respectively.
TITLE VIII--POLLUTION FROM SHIPS
SEC. 801. PREVENTION OF POLLUTION FROM SHIPS.
(a) In General.--Section 6 of the Act to Prevent Pollution From
Ships (33 U.S.C. 1905) is amended--
(1) by striking ``(2) If'' in subsection (c)(2) and
inserting ``(2)(A) Subject to subparagraph (B), if''; and
(2) by adding at the end of subsection (c)(2) the
following:
``(B) The Secretary may not issue a certificate
attesting to the adequacy of reception facilities under
this paragraph unless, prior to the issuance of the
certificate, the Secretary conducts an inspection of
the reception facilities of the port or terminal that
is the subject of the certificate.
``(C) The Secretary may, with respect to
certificates issued under this paragraph prior to the
date of enactment of the Coast Guard Authorization Act
of 1995, prescribe by regulation differing periods of
validity for such certificates.'';
(3) by striking subsection (c)(3)(A) and inserting the
following:
``(A) is valid for the 5-year period beginning on
the date of issuance of the certificate, except that
if--
``(i) the charge for operation of the port
or terminal is transferred to a person or
entity other than the person or entity that is
the operator on the date of issuance of the
certificate--
``(I) the certificate shall expire
on the date that is 30 days after the
date of the transfer; and
``(II) the new operator shall be
required to submit an application for a
certificate before a certificate may be
issued for the port or terminal; or
``(ii) the certificate is suspended or
revoked by the Secretary, the certificate shall
cease to be valid; and''; and
(4) by striking subsection (d) and inserting the following:
``(d)(1) The Secretary shall maintain a list of ports or terminals
with respect to which a certificate issued under this section--
``(A) is in effect; or
``(B) has been revoked or suspended.
``(2) The Secretary shall make the list referred to in paragraph
(1) available to the general public.''.
(b) Reception Facility Placards.--Section 6(f) of the Act to
Prevent Pollution From Ships (33 U.S.C. 1905(f)) is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Not later than 18 months after the date of
enactment of the Coast Guard Authorization Act of 1995, the
Secretary shall promulgate regulations that require the
operator of each port or terminal that is subject to any
requirement of the MARPOL Protocol relating to reception
facilities to post a placard in a location that can easily be
seen by port and terminal users. The placard shall state, at a
minimum, that a user of a reception facility of the port or
terminal should report to the Secretary any inadequacy of the
reception facility.''.
SEC. 802. MARINE PLASTIC POLLUTION RESEARCH AND CONTROL.
(a) Compliance Reports.--Section 2201(a) of the Marine Plastic
Pollution Research and Control Act of 1987 (33 U.S.C. 1902 note) is
amended--
(1) by striking ``for a period of 6 years''; and
(2) by inserting before the period at the end the
following: ``and, not later than 1 year after the date of
enactment of the Coast Guard Authorization Act of 1995, and
annually thereafter, shall publish in the Federal Register a
list of the enforcement actions taken against any domestic or
foreign ship (including any commercial or recreational ship)
pursuant to the Act to Prevent Pollution from Ships (33 U.S.C.
1901 et seq.)''.
(b) Coordination.--Section 2203 of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 2803) is amended to read as
follows:
``SEC. 2203. COORDINATION.
``(a) Establishment of Marine Debris Coordinating Committee.--The
Secretary of Commerce shall establish a Marine Debris Coordinating
Committee.
``(b) Membership.--The Committee shall include a senior official
from--
``(1) the National Oceanic and Atmospheric Administration,
who shall serve as the Chairperson of the Committee;
``(2) the Environmental Protection Agency;
``(3) the United States Coast Guard;
``(4) the United States Navy; and
``(5) such other Federal agencies that have an interest in
ocean issues or water pollution prevention and control as the
Secretary of Commerce determines appropriate.
``(c) Meetings.--The Committee shall meet at least twice a year to
provide a forum to ensure the coordination of national and
international research, monitoring, education, and regulatory actions
addressing the persistent marine debris problem.
``(d) Monitoring.--The Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric Administration,
in cooperation with the Administrator of the Environmental Protection
Agency, shall utilize the marine debris data derived under title V of
the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
2801 et seq.) to assist--
``(1) the Committee in ensuring coordination of research,
monitoring, education and regulatory actions; and
``(2) the United States Coast Guard in assessing the
effectiveness of this Act and the Act to Prevent Pollution from
Ships in ensuring compliance under section 2201.''.
(c) Public Outreach Program.--Section 2204(a) of the Marine Plastic
Pollution Research and Control Act (42 U.S.C. 6981 note) is amended--
(1) by striking ``for a period of at least 3 years,'' in
the matter preceding paragraph (1)(A)--
(2) by striking ``and'' at the end of paragraph (1)(C);
(3) by striking the period at the end of subparagraph
(1)(D) and inserting ``; and'';
(4) by adding at the end of paragraph (1) the following:
``(E) the requirements under this Act and the Act
to Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.) with respect to ships and ports, and the
authority of citizens to report violations of this Act
and the Act to Prevent Pollution from Ships (33 U.S.C.
1901 et seq.).''; and
(5) by striking paragraph (2) and inserting the following:
``(2) Authorized activities.--
``(A) Public outreach program.--A public outreach
program under paragraph (1) may include--
``(i) developing and implementing a
voluntary boaters' pledge program;
``(ii) workshops with interested groups;
``(iii) public service announcements;
``(iv) distribution of leaflets and
posters; and
``(v) any other means appropriate to
educating the public.
``(B) Grants and cooperative agreements.--To carry
out this section, the Secretary of the department in
which the Coast Guard is operating, the Secretary of
Commerce, and the Administrator of the Environmental
Protection Agency are authorized to award grants, enter
into cooperative agreements with appropriate officials
of other Federal agencies and agencies of States and
political subdivisions of States and with public and
private entities, and provide other financial
assistance to eligible recipients.
``(C) Consultation.--In developing outreach
initiatives for groups that are subject to the
requirements of this title and the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.), the
Secretary of the department in which the Coast Guard is
operating, in consultation with the Secretary of
Commerce, acting through the Administrator of the
National Oceanic and Atmospheric Administration, and
the Administrator of the Environmental Protection
Agency, shall consult with--
``(i) the heads of State agencies
responsible for implementing State boating
laws; and
``(ii) the heads of other enforcement
agencies that regulate boaters or commercial
fishermen.''.
TITLE IX--LAW ENFORCEMENT ENHANCEMENT
SEC. 901. 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 knowingly 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, and circumstances
under which a Federal law enforcement officer may communicate an order
to land to a pilot, operator, or person in charge of an aircraft. Such
regulations shall ensure that any such order is clearly communicated in
accordance with applicable international standards. Further, such
regulations shall establish guidelines based on observed conduct, prior
information, or other circumstances for determining when an officer may
use the authority granted under paragraph (1).
``(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 knowingly 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) forcibly assault, resist, oppose, prevent, impede,
intimidate, or interfere with a boarding or other law
enforcement action authorized by any Federal law, or to resist
a lawful arrest; or
``(B) 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 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' includes--
``(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 1 year; and
``(2) a fine as provided in this title.
``(g) An aircraft that is used in violation of this section may be
seized and forfeited. A vessel that is used in violation of subsection
(b)(1) or subsection (b)(2)(A) 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
claims, 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. 902. 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 knowing 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 knowingly 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) such person knew 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. 903. 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 in accordance with 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 the
following new item:
``96. Air interdiction authority.''.
SEC. 904. 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 knowingly fails
to comply with an order of a Coast Guard commissioned officer, warrant
officer, or petty officer 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, in the case of a vessel, according to any
applicable, internationally recognized standards, or other manner
reasonably calculated to be received and understood, shall be liable
for a civil penalty of not more than $15,000.
``(b) A vessel or aircraft used to knowingly 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 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. 905. 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. 906. 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
knowingly 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, shall
be liable for a civil penalty of not more than $15,000.
``(b) An aircraft used to knowingly 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.''.
TITLE X--CONVEYANCES
SEC. 1001. CONVEYANCE OF PROPERTY IN MASSACHUSETTS.
(a) Authority to Convey.--
(1) In general.--The Secretary shall convey, by an
appropriate means of conveyance, all right, title, and interest
of the United States in and to the properties described in
paragraph (3) to the persons to whom each such property is to
be conveyed under that paragraph.
(2) Identification of property.--The Secretary may
identify, describe, and determine each property to be conveyed
pursuant to this subsection.
(3) Properties conveyed.--
(A) Cape ann lighthouse.--The Secretary shall
convey to the town of Rockport, Massachusetts, by an
appropriate means of conveyance, all right, title, and
interest of the United States in and to the property
comprising the Cape Ann Lighthouse, located on Thacher
Island, Massachusetts.
(B) Coast guard property in gosnold,
massachusetts.--The Secretary may convey to the town of
Gosnold, Massachusetts, without reimbursement and by no
later than 120 days after the date of enactment of this
Act, all right, title, and interest of the United
States in and to the property known as the ``United
States Coast Guard Cuttyhunk Boathouse and Wharf''
located in the town of Gosnold, Massachusetts.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property pursuant to
this section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by
paragraphs (3), (4), and (5) and other terms and
conditions the Secretary may consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), the conveyance
of property pursuant to this section shall be subject to the
condition that all right, title, and interest in the property
conveyed shall immediately revert to the United States if the
property, or any part of the property
(A) ceases to be maintained in a manner that
ensures its present or future use as a Coast Guard aid
to navigation; or
(B) ceases to be maintained in a manner consistent
with the provisions of the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.).
(3) Maintenance of navigation functions.--The conveyance of
property pursuant to this section shall be made subject to the
conditions that the Secretary considers to be necessary to
assure that--
(A) the lights, antennas, and associated equipment
located on the property conveyed, which are active aids
to navigation, shall continue to be operated and
maintained by the United States;
(B) the person to which the property is conveyed
may not interfere or allow interference in any manner
with aids to navigation without express written
permission from the Secretary;
(C) there is reserved to the United States the
right to relocate, replace, or add any aid to
navigation or make any changes to the property conveyed
as may be necessary for navigational purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice for the
purpose of maintaining aids to navigation; and
(E) the United States shall have an easement of
access to the property for the purpose of maintaining
the aids to navigation in use on the property.
(4) Obligation limitation.--The person to which the
property is conveyed is not required to maintain any active aid
to navigation equipment on property conveyed pursuant to this
section.
(5) Maintenance of property.--The person to which the
property is conveyed shall maintain the property in accordance
with the National Historic Preservation Act of 1966 (16 U.S.C.
470 et seq.), and other applicable laws.
(c) Definitions.--For purposes of this section--
(1) the term ``Cape Ann Lighthouse'' means the Coast Guard
property located on Thacher Island, Massachusetts, except any
historical artifact, including any lens or lantern, located on
the property at or before the time of the conveyance;
(2) the term ``United States Coast Guard Cuttyhunk
Boathouse and Wharf'' means real property located in the town
of Gosnold, Massachusetts (including all buildings, structures,
equipment, and other improvements), as determined by the
Secretary of Transportation; and
(3) the term ``Secretary'' means the Secretary of
Transportation.
SEC. 1002. CONVEYANCE OF CERTAIN LIGHTHOUSES LOCATED IN MAINE.
(a) Authority to Convey.--
(1) In general.--The Secretary of Transportation (in this
section referred to as the ``Secretary'') may convey to the
Island Institute, Rockland, Maine, (in this section referred to
as the ``Institute''), by an appropriate means of conveyance,
all right, title, and interest of the United States in and to
any of the facilities and real property and improvements
described in paragraph (2).
(2) Identification of properties.--Paragraph (1) applies to
lighthouses, together with any real property and other
improvements associated therewith, located in the State of
Maine as follows:
(A) Whitehead Island Light.
(B) Deer Island Thorofare (Mark Island) Light.
(C) Burnt Island Light.
(D) Rockland Harbor Breakwater Light.
(E) Monhegan Island Light.
(F) Eagle Island Light.
(G) Curtis Island Light.
(H) Moose Peak Light.
(I) Great Duck Island Light.
(J) Goose Rocks Light.
(K) Isle au Haut Light.
(L) Goat Island Light.
(M) Wood Island Light.
(N) Doubling Point Light.
(O) Doubling Point Front Range Light.
(P) Doubling Point Rear Range Light.
(Q) Little River Light.
(R) Spring Point Ledge Light.
(S) Ram Island Light (Boothbay).
(T) Seguin Island Light.
(U) Marshall Point Light.
(V) Fort Point Light.
(W) West Quoddy Head Light.
(X) Brown's Head Light.
(Y) Cape Neddick Light.
(Z) Halfway Rock Light.
(AA) Ram Island Ledge Light.
(BB) Mount Desert Rock Light.
(CC) Whitlock's Mill Light.
(DD) Nash Island Light.
(EE) Manana Island Fog Signal Station.
(3) Deadline for conveyance.--The conveyances authorized by
this subsection shall take place not later than 5 years after
the date of the enactment of this Act.
(4) Additional conveyances to united states fish and
wildlife service.--The Secretary may transfer, in accordance
with the terms and conditions of subsection (b), the following
lighthouses, together with any real property and improvements
associated therewith, directly to the United States Fish and
Wildlife Service:
(A) Two Bush Island Light.
(B) Egg Rock Light.
(C) Libby Island Light.
(D) Matinicus Rock Light.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property pursuant to
this section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by
paragraphs (2) and (3) and other terms and conditions
the Secretary may consider appropriate.
(2) Maintenance of navigation function.--The conveyance of
property pursuant to this section shall be made subject to the
conditions that the Secretary considers necessary to assure
that--
(A) the lights, antennas, and associated equipment
located on the property conveyed, which are active aids
to navigation, shall continue to be operated and
maintained by the United States;
(B) the Institute, the United States Fish and
Wildlife Service, and an entity to which property is
conveyed under this section may not interfere or allow
interference in any manner with aids to navigation
without express written permission from the Secretary;
(C) there is reserved to the United States the
right to relocate, replace, or add any aid to
navigation or make any changes to property conveyed
under this section as may be necessary for navigational
purposes;
(D) the United States shall have the right, at any
time, to enter property conveyed under this section
without notice for the purpose of maintaining aids to
navigation; and
(E) the United States shall have an easement of
access to property conveyed under this section for the
purpose of maintaining the aids to navigation in use on
the property.
(3) Obligation limitation.--The Institute, or any entity to
which the Institute conveys a lighthouse under subsection (d),
is not required to maintain any active aid to navigation
equipment on a property conveyed under this section.
(4) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), the conveyance
of property pursuant to this section shall be subject to the
condition that all right, title, and interest in such property
shall immediately revert to the United States if--
(A) such property or any part of such property
ceases to be used for educational, historic,
recreational, cultural, and wildlife conservation
programs for the general public and for such other uses
as the Secretary determines to be not inconsistent or
incompatible with such uses;
(B) such property or any part of such property
ceases to be maintained in a manner that ensures its
present or future use as a Coast Guard aid to
navigation;
(C) such property or any part of such property
ceases to be maintained in a manner consistent with the
provisions of the National Historic Preservation Act of
1966 (16 U.S.C. 470 et seq.); or
(D) the Secretary determines that--
(i) the Institute is unable to identify an
entity eligible for the conveyance of the
lighthouse under subsection (d) within the 3-
year period beginning on the date of the
conveyance of the lighthouse to the Institute
under subsection (a); or
(ii) in the event that the Institute
identifies an entity eligible for the
conveyance within that period--
(I) the entity is unable or
unwilling to accept the conveyance and
the Institute is unable to identify
another entity eligible for the
conveyance within that period; or
(II) the Maine Lighthouse Selection
Committee established under subsection
(d)(3)(A) disapproves of the entity
identified by the Institute and the
Institute is unable to identify another
entity eligible for the conveyance
within that period.
(c) Inspection.--The State Historic Preservation Officer of the
State of Maine may inspect any lighthouse, and any real property and
improvements associated therewith, that is conveyed under this section
at any time, without notice, for purposes of ensuring that the
lighthouse is being maintained in the manner required under subsection
(b). The Institute, and any subsequent conveyee of the Institute under
subsection (d), shall cooperate with the official referred to in the
preceding sentence in the inspections of that official under this
subsection.
(d) Subsequent Conveyance.--
(1) Requirement.--
(A) In general.--Except as provided in subparagraph
(B), the Institute shall convey, without consideration,
all right, title, and interest of the Institute in and
to the lighthouses conveyed to the Institute under
subsection (a), together with any real property and
improvements associated therewith, to one or more
entities identified under paragraph (2) and approved by
the committee established under paragraph (3) in
accordance with the provisions of such paragraph (3).
(B) Exception.--The Institute, with the concurrence
of the Maine Lighthouse Selection Committee and in
accordance with the terms and conditions of subsection
(b), may retain right, title, and interest in and to
the following lighthouses conveyed to the Institute:
(i) Whitehead Island Light.
(ii) Deer Island Thorofare (Mark Island)
Light.
(2) Identification of eligible entities.--
(A) In general.--Subject to subparagraph (B), the
Institute shall identify entities eligible for the
conveyance of a lighthouse under this subsection. Such
entities shall include any department or agency of the
Federal Government, any department or agency of the
Government of the State of Maine, any local government
in that State, or any nonprofit corporation,
educational agency, or community development
organization that--
(i) is financially able to maintain the
lighthouse (and any real property and
improvements conveyed therewith) in accordance
with the conditions set forth in subsection
(b);
(ii) has agreed to permit the inspections
referred to in subsection (c); and
(iii) has agreed to comply with the
conditions set forth in subsection (b); and to
have such conditions recorded with the deed of
title to the lighthouse and any real property
and improvements that may be conveyed
therewith.
(B) Order of priority.--In identifying entities
eligible for the conveyance of a lighthouse under this
paragraph, the Institute shall give priority to
entities in the following order, which are also the
exclusive entities eligible for the conveyance of a
lighthouse under this section:
(i) Agencies of the Federal Government.
(ii) Entities of the Government of the
State of Maine.
(iii) Entities of local governments in the
State of Maine.
(iv) Nonprofit corporations, educational
agencies, and community development
organizations.
(3) Selection of conveyees among eligible entities.--
(A) Committee.--
(i) In general.--There is hereby
established a committee to be known as the
Maine Lighthouse Selection Committee (in this
paragraph referred to as the ``Committee'').
(ii) Membership.--The Committee shall
consist of five members appointed by the
Secretary as follows:
(I) One member, who shall serve as
the Chairman of the Committee, shall be
appointed from among individuals
recommended by the Governor of the
State of Maine.
(II) One member shall be the State
Historic Preservation Officer of the
State of Maine, with the consent of
that official, or a designee of that
official.
(III) One member shall be appointed
from among individuals recommended by
State and local organizations in the
State of Maine that are concerned with
lighthouse preservation or maritime
heritage matters.
(IV) One member shall be appointed
from among individuals recommended by
officials of local governments of the
municipalities in which the lighthouses
are located.
(V) One member shall be appointed
from among individuals recommended by
the Secretary of the Interior.
(iii) Appointment deadline.--The Secretary
shall appoint the members of the Committee not
later than 90 days after the date of the
enactment of this Act.
(iv) Membership term.--
(I) Members of the Committee shall
serve for such terms not longer than 3
years as the Secretary shall provide.
The Secretary may stagger the terms of
initial members of the Committee in
order to ensure continuous activity by
the Committee.
(II) Any member of the Committee
may serve after the expiration of the
term of the member until a successor to
the member is appointed. A vacancy in
the Committee shall be filled in the
same manner in which the original
appointment was made.
(v) Voting.--The Committee shall act by an
affirmative vote of a majority of the members
of the Committee.
(B) Responsibilities.--
(i) In general.--The Committee shall--
(I) review the entities identified
by the Institute under paragraph (2) as
entities eligible for the conveyance of
a lighthouse; and
(II) approve one such entity, or
disapprove all such entities, as
entities to which the Institute may
make the conveyance of the lighthouse
under this subsection.
(ii) Approval.--If the Committee approves
an entity for the conveyance of a lighthouse,
the Committee shall notify the Institute of
such approval.
(iii) Disapproval.--If the Committee
disapproves of the entities, the Committee
shall notify the Institute and, subject to
subsection (b)(4)(D)(ii), the Institute shall
identify other entities eligible for the
conveyance of the lighthouse under paragraph
(2). The Committee shall review and approve or
disapprove entities identified pursuant to the
preceding sentence in accordance with this
subparagraph and the criteria set forth in
subsection (b).
(C) Exemption from faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Committee, however, all meetings of the Committee shall
be open to the public and preceded by appropriate
public notice.
(D) Termination.--The Committee shall terminate 8
years from the date of the enactment of this Act.
(4) Conveyance.--Upon notification under paragraph
(3)(B)(ii) of the approval of an identified entity for
conveyance of a lighthouse under this subsection, the Institute
shall, with the consent of the entity, convey the lighthouse to
the entity.
(5) Responsibilities of conveyees.--Each entity to which
the Institute conveys a lighthouse under this subsection, or
any successor or assign of such entity in perpetuity, shall--
(A) use and maintain the lighthouse in accordance
with subsection (b) and have such terms and conditions
recorded with the deed of title to the lighthouse and
any real property conveyed therewith; and
(B) permit the inspections referred to in
subsection (c).
(e) Description of Property.--The legal description of any
lighthouse, and any real property and improvements associated
therewith, conveyed under subsection (a) shall be determined by the
Secretary. The Secretary shall retain all right, title, and interest of
the United States in and to any historical artifact, including any lens
or lantern, that is associated with the lighthouses conveyed under this
subsection, whether located at the lighthouse or elsewhere. The
Secretary shall identify any equipment, system, or object covered by
this paragraph.
(f) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for the next 7 years, the
Secretary shall submit to Congress a report on the conveyance of
lighthouses under this section. The report shall include a description
of the implementation of the provisions of this section, and the
requirements arising under such provisions, in--
(1) providing for the use and maintenance of the
lighthouses conveyed under this section in accordance with
subsection (b);
(2) providing for public access to such lighthouses; and
(3) achieving the conveyance of lighthouses to appropriate
entities under subsection (d).
SEC. 1003. CONVEYANCE OF SQUIRREL POINT LIGHT.
(a) Authority to Convey.--
(1) In general.--The Secretary of Transportation (in this
section referred to as the ``Secretary'') shall convey to
Squirrel Point Associates, Incorporated, by an appropriate
means of conveyance, all right, title, and interest of the
United States in and to the property comprising the Squirrel
Point Light, located in the town of Arrowsic, Maine.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
pursuant to this subsection.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property pursuant to
this section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by
paragraphs (3) and (4) and other terms and conditions
the Secretary may consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), the conveyance
of property pursuant to this section shall be subject to the
condition that all right, title, and interest in the Squirrel
Point Light shall immediately revert to the United States if
the Squirrel Point Light, or any part of the property--
(A) ceases to be used as a nonprofit center for the
interpretation and preservation of maritime history;
(B) ceases to be maintained in a manner that
ensures its present or future use as a Coast Guard aid
to navigation; or
(C) ceases to be maintained in a manner consistent
with the provisions of the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.).
(3) Maintenance of navigation function.--The conveyance of
property pursuant to this section shall be made subject to the
conditions that the Secretary considers to be necessary to
assure that--
(A) the lights, antennas, and associated equipment
located on the property conveyed, which are active aids
to navigation, shall continue to be operated and
maintained by the United States;
(B) Squirrel Point Associates, Incorporated, or any
successor or assign, may not interfere or allow
interference in any manner with aids to navigation
without express written permission from the Secretary;
(C) there is reserved to the United States the
right to relocate, replace, or add any aid to
navigation or make any changes to the Squirrel Point
Light as may be necessary for navigational purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice for the
purpose of maintaining aids to navigation; and
(E) the United States shall have an easement of
access to the property for the purpose of maintaining
the aids to navigation in use on the property.
(4) Obligation limitation.--The Squirrel Point Associates,
Incorporated, or any successor or assign, is not required to
maintain any active aid to navigation equipment on property
conveyed pursuant to this section.
(5) Maintenance of property.--The Squirrel Point
Associates, Incorporated, or any successor or assign, shall
maintain the Squirrel Point Light in accordance with the
National Historic Preservation Act of 1966 (16 U.S.C. 470 et
seq.), and other applicable laws.
(c) Definitions.--For purposes of this section, the term ``Squirrel
Point Light'' means the Coast Guard light station located in the town
of Arrowsic, Sagadahoc County, Maine--
(1) including the light tower, dwelling, boat house, oil
house, barn, any other ancillary buildings and such land as may
be necessary to enable Squirrel Point Associates, Incorporated,
or any successor or assign, to operate a non-profit center for
public benefit; and
(2) except any historical artifact, including any lens or
lantern, located on the property at or before the time of the
conveyance.
SEC. 1004. CONVEYANCE OF MONTAUK LIGHT STATION, NEW YORK.
(a) Authority to Convey.--
(1) In general.--The Secretary of Transportation (in this
section referred to as the ``Secretary'') shall convey to the
Montauk Historical Association in Montauk, New York, by an
appropriate means of conveyance, all right, title, and interest
of the United States in and to property comprising Montauk
Light Station, located at Montauk, New York.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
pursuant to this section.
(b) Terms of Conveyance.--
(1) In general.--A conveyance of property pursuant to this
section shall be made--
(A) without the payment of consideration; and
(B) subject to the conditions required by
paragraphs (3) and (4) and such other terms and
conditions as the Secretary may consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), any conveyance
of property comprising the Montauk Light Station pursuant to
subsection (a) shall be subject to the condition that all
right, title, and interest in and to the property so conveyed
shall immediately revert to the United States if the property,
or any part thereof--
(A) ceases to be maintained as a nonprofit center
for public benefit for the interpretation and
preservation of the material culture of the United
States Coast Guard, the maritime history of Montauk,
New York, and Native American and colonial history;
(B) ceases to be maintained in a manner that
ensures its present or future use as a Coast Guard aid
to navigation; or
(C) ceases to be maintained in a manner consistent
with the provisions of the National Historic
Preservation Act (16 U.S.C. 470 et seq.).
(3) Maintenance of navigation functions.--Any conveyance of
property pursuant to this section shall be subject to such
conditions as the Secretary considers to be necessary to assure
that--
(A) the light, antennas, sound signal, electronic
navigation equipment, and associated lighthouse
equipment located on the property conveyed, which are
active aids to navigation, shall continue to be
operated and maintained by the United States for as
long as they are needed for this purpose;
(B) the Montauk Historical Association, or any
successor or assign, may not interfere or allow
interference in any manner with such aids to navigation
without express written permission from the United
States;
(C) there is reserved to the United States the
right to replace, or add any aids to navigation, or
make any changes to the Montauk Light Station as may be
necessary for navigation purposes;
(D) the United States shall have the right, at any
time, to enter the property conveyed without notice for
the purpose of maintaining navigation aids;
(E) the United States shall have an easement of
access to such property for the purpose of maintaining
the navigational aids in use on the property; and
(F) the Montauk Light Station shall revert to the
United States at the end of the 30-day period beginning
on any date on which the Secretary of Transportation
provides written notice to the Montauk Historical
Association, or any successor or assign, that the
Montauk Light Station is needed for national security
purposes.
(4) Maintenance of property.--Any conveyance of property
under this section shall be subject to the condition that the
Montauk Historical Association, or any successor or assign,
shall maintain the Montauk Light Station in accordance with the
provisions of the National Historic Preservation Act (16 U.S.C.
470 et seq.) and other applicable laws.
(5) Obligation limitation.--The Montauk Historical
Association, or any successor or assign, shall not have any
obligation to maintain any active aid to navigation equipment
on property conveyed pursuant to this section.
(c) Montauk Light Station Defined.--For purposes of this section,
the term ``Montauk Light Station'' means the Coast Guard light station
known as Light Station Montauk Point, located at Montauk, New York,
including the lighthouse, the keeper's dwellings, adjacent Coast Guard
rights of way, the World War II submarine spotting tower, the
lighthouse tower, and the paint locker, except any historical artifact,
including any lens or lantern, located on the property at or before the
time of conveyance.
SEC. 1005. CONVEYANCE OF POINT ARENA LIGHT STATION.
(a) Authority to Convey.--
(1) In general.--At such time as the Secretary of
Transportation (referred to in this section as the
``Secretary'') determines the Point Arena Light Station to be
excess to the needs of the Coast Guard, the Secretary shall
convey to the Point Arena Lighthouse Keepers, Inc., by an
appropriate means of conveyance, all right, title, and interest
of the United States in and to The Point Arena Lighthouse,
located in Mendocino County, California, except that the Coast
Guard shall retain all right, title, and interest in any
historical artifact, including any lens or lantern, on the
property conveyed pursuant to this section, or belonging to the
property, whether located on the property or elsewhere, except
that such lens must be retained within the boundary of the
State of California.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
pursuant to this section.
(b) Terms of Conveyance.--
(1) In general.--A conveyance of property pursuant to this
section shall be made--
(A) without the payment of consideration; and
(B) subject to such terms and conditions as the
Secretary may consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), any conveyance
of property comprising the Point Arena Light Station pursuant
to subsection (a) shall be subject to the condition that all
right, title, and interest in and to the property so conveyed
shall immediately revert to the United States if the property,
or any part thereof ceases to be maintained as a nonprofit
center for public benefit for the interpretation and
preservation of the maritime history of Point Arena,
California.
(3) Maintenance of navigation functions.--Any conveyance of
property pursuant to this section shall be subject to such
conditions as the Secretary considers to be necessary to assure
that--
(A) the light, antennas, sound signal, and
associated lighthouse equipment located on the property
conveyed, which are active aids to navigation, shall
continue to be operated and maintained by the United
States for as long as they are needed for this purpose;
(B) the Point Arena Lighthouse Keepers, Inc., or
any successors or assigns, may not interfere or allow
interference in any manner with such aids to navigation
without express written permission from the United
States;
(C) there is reserved to the United States the
right to relocate, replace, or add any aids to
navigation, or make any changes to the Point Arena
Light Station as may be necessary for navigation
purposes;
(D) the United States shall have the right, at any
time, to enter the property conveyed without notice for
the purpose of maintaining navigation aids;
(E) the United States shall have an easement of
access to such property for the purpose of maintaining
the navigational aids in use on the property; and
(F) the Point Arena Light Station shall revert to
the United States at the end of the 30-day period
beginning on any date on which the Secretary of
Transportation provides written notice to the Point
Arena Lighthouse Keepers, Inc., or any successor or
assign, that the Point Arena Light Station is needed
for national security purposes.
(4) Maintenance of property.--Any conveyance of property
under this section shall be subject to the condition that the
Point Arena Lighthouse Keepers, Inc., or any successor or
assign, shall maintain the Point Arena Light Station in
accordance with the provisions of the National Historic
Preservation Act (16 U.S.C. 470 et seq.) and other applicable
laws.
(5) Obligation limitation.--The Point Arena Lighthouse
Keepers, Inc., or any successors or assigns, shall not have any
obligation to maintain any active aid to navigation equipment
on property conveyed pursuant to this section.
(c) Maintenance Standard.--The Point Arena Lighthouse Keepers,
Inc., or any successor or assign, at its own cost and expense, shall
maintain, in a proper, substantial and workmanlike manner, all
properties conveyed.
(d) Point Arena Light Station Defined.--For purposes of this
section, the term ``Point Arena Light Station'' means the Coast Guard
property and improvements located at Point Arena, California, including
the light tower building, fog signal building, 2 small shelters, 4
residential quarters, and a restroom facility.
SEC. 1006. CONVEYANCE OF PROPERTY IN KETCHIKAN, ALASKA.
(a) Authority to Convey.--The Secretary of Transportation (referred
to in this section as the ``Secretary''), in cooperation with the
Administrator of the General Services Administration, shall convey to
the Ketchikan Indian Corporation in Ketchikan, Alaska, without
reimbursement and by no later than 120 days after the date of enactment
of this Act, all right, title, and interest of the United States in and
to the property known as the ``Former Marine Safety Detachment'' as
identified in Report of Excess Number CG-689 (GSA Control Number 9-U-
AK-0747) and described in subsection (b), for use as a health or social
services facility.
(b) Identification of Property.--The Secretary shall identify,
describe, and determine the property to be conveyed pursuant to this
section.
(c) Reversionary Interest.--The conveyance of property described in
subsection (b) shall be subject to the condition that such property,
and all right, title and interest in such property, shall transfer to
the City of Ketchikan if, within 18 months of the date of enactment of
this Act, the Ketchikan Indian Corporation has not completed design and
construction plans for a health and social services facility and
received approval from the City of Ketchikan for such plans or the
written consent of the City to exceed this period.
(d) In the event that the property described in subsection (b) is
transferred to the City of Ketchikan under subsection (c), the transfer
shall be subject to the condition that all right, title, and interest
in and to the property shall immediately revert to the United States if
the property ceases to be used by the City of Ketchikan.
SEC. 1007. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, MICHIGAN.
(a) Authority to Convey.--The Secretary of Transportation (or any
other official having control over the property described in subsection
(b)) shall expeditiously convey to the Traverse City Area Public School
District in Traverse City, Michigan, without consideration, all right,
title, and interest of the United States in and to the property
described in subsection (b), subject to all easements and other
interests in the property held by any other person.
(b) Identification of Property.--The Secretary shall identify,
describe, and determine the property to be conveyed pursuant to this
section.
(c) Reversionary Interest.--In addition to any term or condition
established pursuant to subsection (a) or (d), any conveyance of
property described in subsection (b) shall be subject to the condition
that all right, title, and interest in and to the property so conveyed
shall immediately revert to the United States if the property, or any
part thereof, ceases to be used by the Traverse City Area Public School
District.
(d) Terms of Conveyance.--The conveyance of property under this
section shall be subject to such conditions as the Secretary considers
to be necessary to assure that--
(1) the pump room located on the property shall continue to
be operated and maintained by the United States for as long as
it is needed for this purpose;
(2) the United States shall have an easement of access to
the property for the purpose of operating and maintaining the
pump room; and
(3) the United States shall have the right, at any time, to
enter the property without notice for the purpose of operating
and maintaining the pump room.
SEC. 1008. TRANSFER OF COAST GUARD PROPERTY IN NEW SHOREHAM, RHODE
ISLAND.
(a) Requirement.--The Secretary of Transportation (or any other
official having control over the property described in subsection (b))
may convey to the town of New Shoreham, Rhode Island, without
consideration, all right, title, and interest of the United States in
and to the property known as the United States Coast Guard Station
Block Island, as described in subsection (b), subject to all easements
and other interest in the property held by any other person.
(b) Property Described.--The property referred to in subsection (a)
is real property (including buildings and improvements) located on the
west side of Block Island, Rhode Island, at the entrance to the Great
Salt Pond and referred to in the books of the Tax Assessor of the town
of New Shoreham, Rhode Island, as lots 10 and 12, comprising
approximately 10.7 acres.
(c) Reversionary Interest.--In addition to any term or condition
established pursuant to subsection (a), any conveyance of property
under subsection (a) shall be subject to the condition that all right,
title, and interest in and to the property so conveyed shall
immediately revert to the United States if the property, or any part
thereof, ceases to be used by the town of New Shoreham, Rhode Island.
SEC. 1009. CONVEYANCE OF PROPERTY IN SANTA CRUZ, CALIFORNIA.
(a) Authority to Convey.--
(1) In general.--The Secretary of Transportation (referred
to in this section as the ``Secretary'') may convey to the
Santa Cruz Port District by an appropriate means of conveyance,
all right, title, and interest of the United States in and to
the property described in paragraph (2).
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
pursuant to this section.
(b) Consideration.--Any conveyance of property pursuant to this
section shall be made without payment of consideration.
(c) Condition.--The conveyance provided for in subsection (a) may
be made contingent upon agreement by the Port District that--
(1) the utility systems, building spaces, and facilities or
any alternate, suitable facilities and buildings on the harbor
premises would be available for joint use by the Port District
and the Coast Guard when deemed necessary by the Coast Guard;
and
(2) the Port District would be responsible for paying the
cost of maintaining, operating, and replacing (as necessary)
the utility systems and any buildings and facilities located on
the property as described in subsection (a) or on any
alternate, suitable property on the harbor premises set aside
for use by the Coast Guard.
(d) Reversionary Interest.--Any conveyance of property pursuant to
this section shall be subject to the condition that all right, title,
and interest in Subunit Santa Cruz shall immediately revert to the
United States--
(1) if Subunit Santa Cruz ceases to be maintained as a
nonprofit center for education, training, administration, and
other public service to include use by the Coast Guard; or
(2) at the end of the thirty day period beginning on any
date on which the Secretary provides written notice to the
Santa Cruz Port District that Subunit Santa Cruz is needed for
national security purposes.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
(f) Definitions.--For purposes of this section--
(1) ``Subunit Santa Cruz'' means the Coast Guard property
and improvements located at Santa Cruz, California;
(2) ``Secretary'' means the Secretary of the department in
which the Coast Guard is operating; and
(3) ``Port District'' means the Santa Cruz Port District,
or any successor or assign.
SEC. 1010. CONVEYANCE OF VESSEL S/S RED OAK VICTORY.
(a) In General.--Notwithstanding any other law, the Secretary of
Transportation (referred to in this section as the ``Secretary'') may
convey the right, title, and interest of the United States Government
in and to the vessel S/S RED OAK VICTORY (Victory Ship VCS-AP2; United
States Navy Hull No. AK235) to the City of Richmond Museum Association,
Inc., located in Richmond, California (in this section referred to as
``the recipient''), if--
(1) the recipient agrees to use the vessel for the purposes
of a monument to the wartime accomplishments of the City of
Richmond;
(2) the vessel is not used for commercial transportation
purposes;
(3) the recipient agrees to make the vessel available to
the Government if the Secretary requires use of the vessel by
the Government for war or a national emergency;
(4) the recipient agrees to hold the Government harmless
for any claims arising from exposure to asbestos after
conveyance of the vessel, except for claims arising from use by
the Government under paragraph (3); and
(5) the recipient has available, for use to restore the
vessel, in the form of cash, liquid assets, or a written loan
commitment, financial resources of at least $100,000.
(b) Delivery of Vessel.--If a conveyance is made under this
section, the Secretary shall deliver the vessel at the place where the
vessel is located on the date of enactment of this Act, in its present
condition, without cost to the Government.
(c) Other Unneeded Equipment.--The Secretary may convey to the
recipient any unneeded equipment from other vessels in the National
Defense Reserve Fleet for use to restore the S/S RED OAK VICTORY to
museum quality.
(d) Retention of Vessel in NDRF.--The Secretary shall retain in the
National Defense Reserve Fleet the vessel authorized to be conveyed
under subsection (a), until the earlier of--
(1) 2 years after the date of the enactment of this Act; or
(2) the date of conveyance of the vessel under subsection
(a).
SEC. 1011. CONVEYANCE OF EQUIPMENT.
The Secretary of Transportation may convey any unneeded equipment
from other vessels in the National Defense Reserve Fleet to the JOHN W.
BROWN and other qualified United States memorial ships in order to
maintain their operating condition.
SEC. 1012. PROPERTY EXCHANGE.
(a) Property Acquisition.--The Secretary may, by means of an
exchange of property, acceptance as a gift, or other means that does
not require the use of appropriated funds, acquire all right, title,
and interest in and to a parcel or parcels of real property and any
improvements thereto located within the limits of the City and Borough
of Juneau, Alaska.
(b) Acquisition through Exchange.--For the purposes of acquiring
property under subsection (a) by means of an exchange, the Secretary
may convey all right, title, and interest of the United States in and
to a parcel or parcels of real property and any improvements thereto
located within the limits of the City and Borough of Juneau, Alaska and
in the control of the Coast Guard if the Secretary determines that the
exchange is in the best interest of the Coast Guard.
(c) Terms and Conditions.--The Secretary may require such terms and
conditions under this section as the Secretary considers appropriate to
protect the interests of the United States.
TITLE XI--MISCELLANEOUS
SEC. 1101. FLORIDA AVENUE BRIDGE.
For purposes of the alteration of the Florida Avenue Bridge
(located approximately 1.63 miles east of the Mississippi River on the
Gulf Intracoastal Waterway in Orleans Parish, Louisiana) ordered by the
Secretary of Transportation under the Act of June 21, 1940 (33 U.S.C.
511 et seq.), the Secretary shall treat the drainage siphon that is
adjacent to the bridge as an appurtenance of the bridge, including with
respect to apportionment and payment of costs for the removal of the
drainage siphon in accordance with that Act.
SEC. 1102. OIL SPILL RECOVERY INSTITUTE.
(a) Advisory Board and Executive Committee.--Section 5001 of the
Oil Pollution Act of 1990 (33 U.S.C. 2731) is amended--
(1) by striking ``to be administered by the Secretary of
Commerce'' in subsection (a);
(2) by striking ``and located'' in subsection (a) and
inserting ``located'';
(3) by striking ``the EXXON VALDEZ oil spill'' each place
it appears in subsection (b)(2) and inserting ``Arctic or
Subarctic oil spills'';
(4) by striking ``18'' in subsection (c)(1) and inserting
``16'';
(5) by striking ``, Natural Resources, and Commerce and
Economic Development'' in subsection (c)(2)(A) and inserting a
comma and ``and Natural Resources'';
(6) by striking subsection (c)(1) (B), (C), and (D);
(7) by redesignating subparagraphs (E) and (F) of
subsection (c)(1) as subparagraphs (G) and (H), respectively;
(8) by inserting after subparagraph (A) of subsection
(c)(1) the following:
``(B) One representative appointed by each of the
Secretaries of Commerce, the Interior, and
Transportation, who shall be Federal employees.
``(C) Two representatives from the fishing industry
appointed by the Governor of the State of Alaska from
among residents of communities in Alaska that were
affected by the EXXON VALDEZ oil spill, who shall serve
terms of 2 years each. Interested organizations from
within the fishing industry may submit the names of
qualified individuals for consideration by the
Governor.
``(D) Two Alaska Natives who represent Native
entities affected by the EXXON VALDEZ oil spill, at
least one of whom represents an entity located in
Prince William Sound, appointed by the Governor of
Alaska from a list of 4 qualified individuals submitted
by the Alaska Federation of Natives, who shall serve
terms of 2 years each.
``(E) Two representatives from the oil and gas
industry to be appointed by the Governor of the State
of Alaska who shall serve terms of 2 years each.
Interested organizations from within the oil and gas
industry may submit the names of qualified individuals
for consideration by the Governor.
``(F) Two at-large representatives from among
residents of communities in Alaska that were affected
by the EXXON VALDEZ oil spill who are knowledgeable
about the marine environment and wildlife within Prince
William Sound, and who shall serve terms of 2 years
each, appointed by the remaining members of the
Advisory Board. Interested parties may submit the names
of qualified individuals for consideration by the
Advisory Board.'';
(9) adding at the end of subsection (c) the following:
``(4) Scientific review.--The Advisory Board may request a
scientific review of the research program every five years by
the National Academy of Sciences which shall perform the
review, if requested, as part of its responsibilities under
section 7001(b)(2).'';
(10) by striking ``the EXXON VALDEZ oil spill'' in
subsection (d)(2) and inserting ``Arctic or Subarctic oil
spills'';
(11) by striking ``Secretary of Commerce'' in subsection
(e) and inserting ``Advisory Board'';
(12) by striking ``, the Advisory Board,'' in the second
sentence of subsection (e);
(13) by striking ``Secretary's'' in subsection (e) and
inserting ``Advisory Board's'';
(14) by inserting ``authorization in section 5006(b)
providing funding for the'' in subsection (i) after ``The'';
(15) by striking ``this Act'' in subsection (i) and
inserting ``the Coast Guard Authorization Act of 1995''; and
(16) by inserting ``The Advisory Board may compensate its
Federal representatives for their reasonable travel costs.'' in
subsection (j) after ``Institute.''.
(b) Funding.--Section 5006 of the Oil Pollution Act of 1990 (33
U.S.C. 2736) is amended by--
(1) striking subsection (a), redesignating subsection (b)
as subsection ``(a)'';
(2) striking ``5003'' in the caption of subsection (a), as
redesignated, and inserting ``5001, 5003,'';
(3) inserting ``to carry out section 5001 in the amount as
determined in section 5006(b), and'' after ``limitation,'' in
the text of subsection (a), as redesignated; and
(4) adding at the end thereof the following:
``(b) Use of Interest Only.--The amount of funding to be made
available annually to carry out section 5001 shall be the interest
produced by the Fund's investment of the $22,500,000 remaining funding
authorized for the Prince William Sound Oil Spill Recovery Institute
and currently deposited in the Fund and invested by the Secretary of
the Treasury in income producing securities along with other funds
comprising the Fund.
``(c) Use for Section 1012.--Beginning with the eleventh year
following the date of enactment of the Coast Guard Authorization Act of
1995, the funding authorized for the Prince William Sound Oil Spill
Recovery Institute and deposited in the Fund shall thereafter be made
available for purposes of section 1012 in Alaska.''.
(c) Conforming Amendments.--
(1) Section 6002(b) of the Oil Pollution Act of 1990 (33
U.S.C. 2752(b)) is amended by striking ``5006(b)'' and
inserting ``5006''.
(2) Section 7001(c)(9) the Oil Pollution Act of 1990 (33
U.S.C. 2761(c)(9)) is amended by striking the period at the end
thereof and inserting ``until the authorization for funding
under section 5006(b) expires''.
SEC. 1103. LIMITED DOUBLE HULL EXEMPTIONS.
(a) In General.--The double hull construction requirements of
section 3703a of title 46, United States Code, do not apply to--
(1) a vessel documented under chapter 121 of title 46,
United States Code, that was equipped with a double hull before
August 12, 1992;
(2) a barge of less than 1,500 gross tons carrying refined
petroleum product in bulk as cargo in or adjacent to waters of
the Bering Sea, Chukchi Sea, and Arctic Ocean and waters
tributary thereto and in the waters of the Aleutian Islands and
the Alaskan Peninsula west of 155 degrees west longitude; or
(3) a vessel in the National Defense Reserve Fleet pursuant
to section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C.
App. 1744).
(b) Authority of the Secretary of Transportation.--
(1) Operation of barges in other waters.--The operation of
barges described in subsection (a)(2) outside waters described
in that subsection shall be on such conditions as the Secretary
of Transportation may require.
(2) No effect on other authority of the Secretary.--Except
as provided in subsection (a), nothing in this section affects
the authority of the Secretary of Transportation to regulate
the construction, operation, or manning of barges and vessels
in accordance with applicable laws and regulations.
(c) Barge Defined.--For purposes of this section, the term
``barge'' has the meaning given that term in section 2101 of title 46,
United States Code.
SEC. 1104. OIL SPILL RESPONSE VESSELS.
(a) Description.--Section 2101 of title 46, United States Code, is
amended--
(1) by redesignating paragraph (20a) as (20b); and
(2) by inserting after paragraph (20) the following new
paragraph:
``(20a) `oil spill response vessel' means a vessel that is
designated in its certificate of inspection as such a vessel,
or that is adapted to respond to a discharge of oil or a
hazardous material.''.
(b) Exemption From Liquid Bulk Carriage Requirements.--Section 3702
of title 46, United States Code, is amended by adding at the end
thereof the following:
``(f) This chapter does not apply to an oil spill response vessel
if--
``(1) the vessel is used only in response-related
activities; or
``(2) the vessel is--
``(A) not more than 500 gross tons;
``(B) designated in its certificate of inspection
as an oil spill response vessel; and
``(C) engaged in response-related activities.''.
(c) Manning.--Section 8104(p) of title 46, United States Code, is
amended to read as follows:
``(p) The Secretary may prescribe the watchstanding and work hours
requirements for an oil spill response vessel.''.
(d) Minimum Number of Licensed Individuals.--Section 8301(e) of
title 46, United States Code, is amended to read as follows:
``(e) The Secretary may prescribe the minimum number of licensed
individuals for an oil spill response vessel.''.
(e) Merchant Mariner Document Requirements.--Section 8701(a) of
title 46, United States Code, is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (7),
(2) by striking the period at the end of paragraph (8) and
inserting a semicolon and ``and''; and
(3) by adding at the end thereof the following new
paragraph:
``(9) the Secretary may prescribe the individuals required
to hold a merchant mariner's document serving onboard an oil
spill response vessel.''.
(f) Exemption From Towing Vessel Requirement.--Section 8905 of
title 46, United States Code, is amended by adding at the end the
following new subsection:
``(c) Section 8904 of this title does not apply to an oil spill
response vessel while engaged in oil spill response or training
activities.''.
(g) Inspection Requirement.--Section 3301 of title 46, United
States Code, is amended by adding at the end the following new
paragraph:
``(14) oil spill response vessels.''.
SEC. 1105. SENSE OF THE CONGRESS REGARDING PASSENGERS ABOARD COMMERCIAL
VESSELS.
It is the sense of the Congress that section 521(a)(1) of Public
Law 103-182 (19 U.S.C. 58c(a)(5)) was intended to require the
collection and remission of a fee from each passenger only one time in
the course of a single voyage aboard a commercial vessel.
SEC. 1106. CALIFORNIA CRUISE INDUSTRY REVITALIZATION.
Section 5(b)(2) of the Act of January 2, 1951 (15 U.S.C.
1175(b)(2)), commonly referred to as the ``Johnson Act'', is amended by
adding at the end thereof the following:
``(C) Exclusion of certain voyages and segments.--
Except for a voyage or segment of a voyage that occurs
within the boundaries of the State of Hawaii, a voyage
or segment of a voyage is not described in subparagraph
(B) if it includes or consists of a segment--
``(i) that begins and ends in the same
State;
``(ii) that is part of a voyage to another
State or to a foreign country; and
``(iii) in which the vessel reaches the
other State or foreign country within 3 days
after leaving the State in which it begins.''.
SEC. 1107. LOWER COLUMBIA RIVER MARINE FIRE AND SAFETY ACTIVITIES.
The Secretary of Transportation is authorized to expend out of the
amounts appropriated for the Coast Guard for fiscal year 1996 not more
than $491,000 for lower Columbia River marine, fire, oil, and toxic
spill response communications, training, equipment, and program
administration activities conducted by the Marine Fire and Safety
Association.
SEC. 1108. OIL POLLUTION RESEARCH TRAINING.
Section 7001(c)(2)(D) of the Oil Pollution Act of 1990 (33 U.S.C.
2761(c)(2)(D)) is amended by striking ``Texas;'' and inserting ``Texas,
and the Center for Marine Training and Safety in Galveston, Texas;''.
SEC. 1109. LIMITATION ON RELOCATION OF HOUSTON AND GALVESTON MARINE
SAFETY OFFICES.
The Secretary of Transportation may not relocate the Coast Guard
Marine Safety Offices in Galveston, Texas, and Houston, Texas. Nothing
in this section prevents the consolidation of management functions of
these Coast Guard authorities.
SEC. 1110. UNINSPECTED FISH TENDER VESSELS.
Section 3302 of Title 46, United States Code, is amended in
subsection (c)(3)(A) by adding ``(including fishery-related products)''
after the word ``cargo''.
SEC. 1111. FOREIGN PASSENGER VESSEL USER FEES.
Section 3303 of title 46, United States Code, is amended--
(1) by striking ``(a)'' in subsection (a); and
(2) by striking subsection (b).
SEC. 1112. COAST GUARD USER FEES.
(a) Findings.--The Congress finds the following:
(1) The Secretary of Transportation is authorized under
subsection 10401(g) of the Omnibus Budget Reconciliation Act of
1990 (46 U.S.C. 2110(g)) to exempt persons from the requirement
to pay Coast Guard inspection user fees if it is in the public
interest to do so.
(2) Publicly-owned ferries serve the public interest by
providing necessary, and in many cases, the only available,
transportation between locations divided by bodies of water.
(3) Small passenger vessels serve the public interest by
providing vital small business opportunities in virtually every
coastal city of the United States and by providing important
passenger vessels services.
(4) During the Coast Guard inspection user fee rulemaking
process, small passenger vessel operators informed the Coast
Guard that proposed user fees were excessive and would force
small passenger operators out of business, leaving many areas
without small passenger vessel services required by the public.
(5) The Secretary of Transportation failed to adequately
protect the public interest and failed to follow Congressional
intent by establishing Coast Guard inspection user fees for
small passenger vessels which exceed the ability of these small
businesses to pay the fees and by establishing Coast Guard
inspection user fees for publicly-owned ferries.
(b) Limits on User Fees.--Section 10401(g) of the Omnibus Budget
Reconciliation Act of 1990 (46 U.S.C. 2110(a)(2)) is amended by adding
after ``annually.'' the following: ``The Secretary may not establish a
fee or charge under paragraph (1) for inspection or examination of a
small passenger vessel under this title that is more than $300 annually
for such vessels under 65 feet in length, or more than $600 annually
for such vessels 65 feet in length and greater. The Secretary may not
establish a fee or charge under paragraph (1) for inspection or
examination under this title for any publicly-owned ferry.''.
SEC. 1113. VESSEL FINANCING.
(a) Documentation Citizen Eligible Mortgagee.--Section
31322(a)(1)(D) of title 46, United States Code, is amended--
(1) by striking ``or'' at the end of clause (v);
(2) by striking the period at the end of clause (vi) and
inserting ``; or''; and
(3) by adding at the end the following:
``(vii) a person eligible to own a documented
vessel under chapter 121 of this title.''.
(b) Amendment to Trustee Restrictions.--Section 31328(a) of title
46, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) is a person eligible to own a documented vessel under
chapter 121 of this title.''.
(c) Leasing.--Section 12106 of title 46, United States Code, is
amended by adding at the end the following:
``(e)(1) A certificate of documentation for a vessel may be
endorsed with a coastwise endorsement if--
``(A) the person that owns the vessel, a parent entity of
that person, or a subsidiary of a parent entity of that person,
is primarily engaged in leasing or other financing
transactions;
``(B) the vessel is under a demise charter to a person
qualifying as a citizen of the United States for engaging in
the coastwise trade under section 2 of the Shipping Act, 1916,
and it is certified that there are no other agreements,
arrangements, or understandings between the vessel owner and
the demise charterer with respect to the operation or
management of the vessel;
``(C) the demise charter--
``(i) is for a period of at least 3 years or a
shorter period as may be prescribed by the Secretary;
and
``(ii) charter hire is not significantly greater
than that prevailing in the commercial market; and
``(D) the vessel is otherwise eligible for documentation
under section 12102.
``(2) The demise charter and any amendments to that charter shall
be filed with the certificate required by this subsection, or within 10
days following the filing of an amendment to the charter, and such
charter and amendments shall be made available to the public.
``(3) Upon default by a demise charterer required under paragraph
(1)(C), the coastwise endorsement of the vessel may, in the sole
discretion of the Secretary, be continued after the termination for
default of the demise charter for a period not to exceed 6 months on
such terms and conditions as the Secretary may prescribe.
``(4) For purposes of section 2 of the Shipping Act, 1916, and
section 12102(a) of this title, a vessel meeting the criteria of this
subsection is deemed to be owned exclusively by citizens of the United
States.
``(5) A vessel eligible for documentation or to be endorsed with a
coastwise endorsement under this subsection is not eligible for a
fishery endorsement under section 12108.''.
(d) Conforming Amendment.--Section 9(c) of the Shipping Act, 1916,
as amended (46 U.S.C. App. 808(c)) is amended by striking ``sections
31322(a)(1)(D)'' and inserting ``sections 12106(e), 31322(a)(1)(D),''.
SEC. 1114. MANNING AND WATCH REQUIREMENTS ON TOWING VESSELS ON THE
GREAT LAKES.
(a) Section 8104(c) of title 46, United States Code, is amended--
(1) by striking ``or permitted''; and
(2) by inserting after ``day'' the following: ``or
permitted to work more than 15 hours in any 24-hour period, or
more than 36 hours in any 72-hour period''.
(b) Section 8104(e) of title 46, United States Code, is amended by
striking ``subsections (c) and (d)'' and inserting ``subsection (d)''.
(c) Section 8104(g) of title 46, United States Code, is amended by
striking ``(except a vessel to which subsection (c) of this section
applies)''.
SEC. 1115. REPEAL OF GREAT LAKES ENDORSEMENTS.
(a) Repeal.--Section 12107 of title 46, United States Code, is
repealed.
(b) Conforming Amendments.--
(1) The analysis at the beginning of chapter 121 of title
46, United States Code, is amended by striking the item
relating to section 12107.
(2) Section 12101(b)(3) of title 46, United States Code, is
repealed.
(3) Section 4370(a) of the Revised Statutes of the United
States (46 App. U.S.C. 316(a)) is amended by striking ``or
12107''.
(4) Section 2793 of the Revised Statutes of the United
States (46 App. U.S.C. 111, 123) is amended--
(A) by striking ``coastwise, Great Lakes
endorsement'' and all that follows through ``foreign
ports,'' and inserting ``registry endorsement, engaged
in foreign trade on the Great Lakes or their tributary
or connecting waters in trade with Canada,''; and
(B) by striking ``, as if from or to foreign
ports''.
(5) Section 9302(a)(1) of title 46, United States Code, is
amended by striking ``subsections (d) and (e)'' and inserting
``subsections (d), (e) and (f)''.
(6) Section 9302(e) of title 46, United States Code, is
amended by striking ``subsections (a) and (b)'' and inserting
``subsection (a)''.
(7) Section 9302 of title 46, United States Code, is
amended by adding at the end the following new subsection:
``(f) A United States vessel operating between ports on the Great
Lakes or between ports on the Great Lakes and the St. Lawrence River
carrying no cargo obtained from a foreign port outside of the Great
Lakes or carrying no cargo bound for a foreign port outside of the
Great Lakes, is exempt from the requirements of subsection (a) of this
section.''.
SEC. 1116. RELIEF FROM UNITED STATES DOCUMENTATION REQUIREMENTS.
(a) In General.--Notwithstanding any other law or any agreement
with the United States Government, a vessel described in subsection (b)
may be transferred to or placed under a foreign registry or sold to a
person that is not a citizen of the United States and transferred to or
placed under a foreign registry.
(b) Vessels Described.--The vessels referred to in subsection (a)
are the following:
(1) RAINBOW HOPE (United States official number 622178).
(2) IOWA TRADER (United States official number 642934).
(3) KANSAS TRADER (United States official number 634621).
(4) MV PLATTE (United States official number number
653210).
(5) SOUTHERN (United States official number 591902).
(6) ARZEW (United States official number 598727).
(7) LAKE CHARLES (United States official number 619531).
(8) LOUISIANA (United States official number 619532).
(9) GAMMA (United States official number 598730).
SEC. 1117. USE OF CANADIAN OIL SPILL RESPONSE AND RECOVERY VESSELS.
Notwithstanding any other provision of law, oil spill response and
recovery vessels of Canadian registry may operate in waters of the
United States adjacent to the border between Canada and the State of
Maine, on an emergency and temporary basis, for the purpose of
recovering, transporting, and unloading in a United States port oil
discharged as a result of an oil spill in or near such waters, if an
adequate number and type of oil spill response and recovery vessels
documented under the laws of the United States cannot be engaged to
recover oil from an oil spill in or near those waters in a timely
manner, as determined by the Federal On-Scene Coordinator for a
discharge or threat of a discharge of oil.
SEC. 1118. JUDICIAL SALE OF CERTAIN DOCUMENTED VESSELS TO ALIENS.
Section 31329 of title 46, United States Code, is amended by adding
at the end the following new subsection:
``(f) This section does not apply to a documented vessel that has
been operated only for pleasure.''.
SEC. 1119. IMPROVED AUTHORITY TO SELL RECYCLABLE MATERIAL.
Section 641(c)(2) of title 14, United States Code, is amended by
inserting before the period the following: ``, except that the
Commandant may conduct sales of materials for which the proceeds of
sale will not exceed $5,000 under regulations prescribed by the
Commandant''.
SEC. 1120. DOCUMENTATION OF CERTAIN VESSELS.
(a) General Certificates.--Notwithstanding sections 12106, 12107,
and 12108 of title 46, United States Code, and section 27 of the
Merchant Marine Act, 1920 (46 U.S.C. App. 883), as applicable on the
date of enactment of this Act, the Secretary of Transportation may
issue a certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the following vessels:
(1) ALPHA TANGO (United States official number 945782).
(2) AURA (United States official number 1027807).
(3) BABS (United States official number 1030028).
(4) BAGGER (State of Hawaii registration number HA1809E).
(5) BILLY BUCK (United States official number 939064).
(6) CAPTAIN DARYL (United States official number 580125).
(7) CHRISSY (State of Maine registration number 4778B).
(8) CONSORTIUM (United States official number 303328).
(9) DRAGONESSA (United States official number 646512).
(10) EMERALD AYES (United States official number 986099).
(11) ENDEAVOUR (United States official number 947869).
(12) EVENING STAR (Hull identification number HA2833700774
and State of Hawaii registration number HA8337D).
(13) EXPLORER (United States official number 918080).
(14) FOCUS (United States official number 909293).
(15) FREJA VIKING (Danish registration number A395).
(16) GLEAM (United States official number 921594).
(17) GOD'S GRACE II (State of Alaska registration number
AK5916B).
(18) HALCYON (United States official number 690219).
(19) IDUN VIKING (Danish registration number A433).
(20) INTREPID (United States official number 508185).
(21) ISABELLE (United States official number 600655).
(22) JAJO (Hull identification number R1Z200207H280 and
State of Rhode Island registration number 388133).
(23) LADY HAWK (United States official number 961095).
(24) LIV VIKING (Danish registration number A394).
(25) MAGIC CARPET (United States official number 278971).
(26) MARANTHA (United States official number 638787).
(27) OLD HAT (United States official number 508299).
(28) ONRUST (United States official number 515058).
(29) PERSEVERANCE (Serial number 77NS8901).
(30) PRIME TIME (United States official number 660944).
(31) QUIETLY (United States official number 658315).
(32) RESOLUTION (Serial number 77NS8701).
(33) ROYAL AFFAIRE (United States official number 649292).
(34) SARAH-CHRISTEN (United States official number 542195).
(35) SEA MISTRESS (United States official number 696806).
(36) SERENITY (United States official number 1021393).
(37) SHAMROCK V (United States official number 900936).
(38) SHOOTER (United States official number 623333).
(39) SISU (United States official number 293648).
(40) SUNRISE (United States official number 950381).
(41) TOO MUCH FUN (United States official number 936565).
(42) TRIAD (United States official number 988602).
(43) WEST FJORD (Hull identification number X-53-109).
(44) WHY NOT (United States official number 688570).
(45) WOLF GANG II (United States official number 984934).
(46) YES DEAR (United States official number 578550).
(47) 14 former United States Army hovercraft with serial
numbers LACV-30-04, LACV-30-05, LACV 30-07, LACV-30-09, LACV-
30-10, LACV-30-13, LACV-30-14, LACV-30-15, LACV-30-16, LACV-30-
22, LACV-30-23, LACV-30-24, LACV-30-25, and LACV-30-26.
(b) M/V Twin Drill.--Section 601(d) of the Coast Guard
Authorization Act of 1993 (Public Law 103-206, 107 Stat. 2445) is
amended--
(1) by striking ``June 30, 1995'' in paragraph (3) and
inserting ``June 30, 1996''; and
(2) by striking ``12 months'' in paragraph (4) and
inserting ``24 months''.
(c) Certificates of Documentation for Gallant Lady.--
(1) In general.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of
June 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App. 289),
and section 12106 of title 46, United States Code, and subject
to paragraph (2), the Secretary of Transportation may issue a
certificate of documentation with an appropriate endorsement
for employment in coastwise trade for each of the following
vessels:
(A) GALLANT LADY (Feadship hull number 645,
approximately 130 feet in length).
(B) GALLANT LADY (Feadship hull number 651,
approximately 172 feet in length).
(2) Limitation on operation.--Coastwise trade authorized
under a certificate of documentation issued for a vessel under
this section shall be limited to the carriage of passengers in
association with contributions to charitable organizations no
portion of which is received, directly or indirectly, by the
owner of the vessel.
(3) Condition.--The Secretary may not issue a certificate
of documentation for a vessel under paragraph (1) unless, not
later than 90 days after the date of enactment of this Act, the
owner of the vessel referred to in paragraph (1)(B) submits to
the Secretary a letter expressing the intent of the owner to,
before April 1, 1997,enter into a contract for the construction
in the United States of a passenger vessel of at least 130 feet
in length.
(4) Effective date of certificates.--A certificate of
documentation issued under paragraph (1) shall take effect--
(A) for the vessel referred to in paragraph (1)(A),
on the date of the issuance of the certificate; and
(B) for the vessel referred to in paragraph (1)(B),
on the date of delivery of the vessel to the owner.
(5) Termination of effectiveness of certificates.--A
certificate of documentation issued for a vessel under
paragraph (1) shall expire--
(A) on the date of the sale of the vessel by the
owner;
(B) on April 1, 1997, if the owner of the vessel
referred to in paragraph (1)(B) has not entered into a
contract for construction of a vessel in accordance
with the letter of intent submitted to the Secretary
under paragraph (3); or
(C) on such date as a contract referred to in
paragraph (2) is breached, rescinded, or terminated
(other than for completion of performance of the
contract) by the owner of the vessel referred to in
paragraph (1)(B).
(d) Certificates of Documentation for Enchanted Isle and Enchanted
Seas.--Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
U.S.C. App. 883), the Act of June 19, 1886 (46 U.S.C. App. 289),
section 12106 of title 46, United States Code, section 506 of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1156), and any agreement with
the United States Government, the Secretary of Transportation may issue
certificates of documentation with a coastwise endorsement for the
vessels ENCHANTED ISLES (Panamanian official number 14087-84B) and
ENCHANTED SEAS (Panamanian official number 14064-84D), except that the
vessels may not operate between or among islands in the State of
Hawaii.
SEC. 1121. VESSEL DEEMED TO BE A RECREATIONAL VESSEL.
The vessel, an approximately 96 meter twin screw motor yacht for
which construction commenced in October, 1993, and which has been
assigned the builder's number 13583 (to be named the LIMITLESS), is
deemed for all purposes, including title 46, United States Code, and
all regulations thereunder, to be a recreational vessel of less than
300 gross tons if it does not--
(1) carry cargo or passengers for hire; or
(2) engage in commercial fisheries or oceanographic
research.
SEC. 1122. SMALL PASSENGER VESSEL PILOT INSPECTION PROGRAM WITH THE
STATE OF MINNESOTA.
(a) In General.--The Secretary may enter into an agreement with the
State under which the State may inspect small passenger vessels
operating in waters of that State designated by the Secretary, if--
(1) the State plan for the inspection of small passenger
vessels meets such requirements as the Secretary may require to
ensure the safety and operation of such vessels in accordance
with the standards that would apply if the Coast Guard were
inspecting such vessels; and
(2) the State will provide such information obtained
through the inspection program to the Secretary annually in
such form and in such detail as the Secretary may require.
(b) Fees.--The Secretary may adjust or waive the user fee imposed
under section 3317 of title 46, United States Code, for the inspection
of small passenger vessels inspected under the State program.
(c) Termination.--The authority provided by subsection (a)
terminates on December 31, 1998.
(d) Definitions.--For purposes of this section--
(1) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
(2) State.--The term ``State'' means the State of
Minnesota.
(3) Small passenger vessel.--The term ``small passenger
vessel'' means a small passenger vessel (as defined in section
2101(35) of title 46, United States Code) of not more than 40
feet overall in length.
SEC. 1123. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS FISHING.
Section 8103(i)(1) of title 46, United States Code, is amended--
(1) by striking ``or'' in subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting a semicolon and ``or''; and
(3) by adding at the end thereof the following:
``(D) an alien allowed to be employed under the immigration
laws of the Commonwealth of the Northern Mariana Islands if the
vessel is permanently stationed at a port within the
Commonwealth and the vessel is engaged in the fisheries within
the exclusive economic zone surrounding the Commonwealth or
another United States territory or possession.
SEC. 1124. AVAILABILITY OF EXTRAJUDICIAL REMEDIES FOR DEFAULT ON
PREFERRED MORTGAGE LIENS ON VESSELS.
(a) Availability of Extrajudicial Remedies.--Section 31325(b) of
title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``mortgage may'' and inserting ``mortgagee may'';
(2) in paragraph (1) by--
(A) striking ``perferred'' and inserting
``preferred''; and
(B) striking ``; and'' and inserting a semicolon;
and
(3) by adding at the end the following:
``(3) enforce the preferred mortgage lien or a claim for
the outstanding indebtedness secured by the mortgaged vessel,
or both, by exercising any other remedy (including an
extrajudicial remedy) against a documented vessel, a vessel for
which an application for documentation is filed under chapter
121 of this title, a foreign vessel, or a mortgagor, maker,
comaker, or guarantor for the amount of the outstanding
indebtedness or any deficiency in full payment of that
indebtedness, if--
``(A) the remedy is allowed under applicable law;
and
``(B) the exercise of the remedy will not result in
a violation of section 9 or 37 of the Shipping Act,
1916 (46 U.S.C. App. 808, 835).''.
(b) Notice.--Section 31325 of title 46, United States Code, is
further amended by adding at the end the following:
``(f)(1) Before title to the documented vessel or vessel for which
an application for documentation is filed under chapter 121 is
transferred by an extrajudicial remedy, the person exercising the
remedy shall give notice of the proposed transfer to the Secretary, to
the mortgagee of any mortgage on the vessel filed in substantial
compliance with section 31321 of this title before notice of the
proposed transfer is given to the Secretary, and to any person that
recorded a notice of a claim of an undischarged lien on the vessel
under section 31343(a) or (d) of this title before notice of the
proposed transfer is given to the Secretary.
``(2) Failure to give notice as required by this subsection shall
not affect the transfer of title to a vessel. However, the rights of
any holder of a maritime lien or a preferred mortgage on the vessel
shall not be affected by a transfer of title by an extrajudicial remedy
exercised under this section, regardless of whether notice is required
by this subsection or given.
``(3) The Secretary shall prescribe regulations establishing the
time and manner for providing notice under this subsection.''.
(c) Rule of Construction.--The amendments made by subsections (a)
and (b) may not be construed to imply that remedies other than judicial
remedies were not available before the date of enactment of this
section to enforce claims for outstanding indebtedness secured by
mortgaged vessels.
SEC. 1125. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS.
(a) Amount of Financial Responsibility.--Section 1016(c)(1) of the
Oil Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is amended to read as
follows:
``(1) In general.--
``(A) Evidence of financial responsibility
required.--Except as provided in paragraph (2), a
responsible party with respect to an offshore facility
that--
``(i)(I) is located seaward of the line of
ordinary low water along that portion of the
coast that is in direct contact with the open
sea and the line marking the seaward limit of
inland waters; or
``(II) is located in inland waters, such as
coastal bays or estuaries, seaward of the line
of ordinary low water along that portion of the
coast that is not in direct contact with the
open sea;
``(ii) is used for exploring for, drilling
for, or producing oil, or for transporting oil
from facilities engaged in oil exploration,
drilling, or production; and
``(iii) has a worst-case oil spill
discharge potential of more than 1,000 barrels
of oil (or a lesser amount if the President
determines that the risks posed by such
facility justify it),
shall establish and maintain evidence of financial
responsibility in the amount required under
subparagraph (B) or (C), as applicable.
``(B) Amount required generally.--Except as
provided in subparagraph (C), the amount of financial
responsibility for offshore facilities that meet the
criteria in subparagraph (A) is--
``(i) $35,000,000 for offshore facilities
located seaward of the seaward boundary of a
State; or
``(ii) $10,000,000 for offshore facilities
located landward of the seaward boundary of a
State.
``(C) Greater amount.--If the President determines
that an amount of financial responsibility for a
responsible party greater than the amount required by
subparagraphs (B) and (D) is justified by the relative
operational, environmental, human health, and other
risks posed by the quantity or quality of oil that is
explored for, drilled for, produced, stored, handled,
transferred, processed or transported by the
responsible party, the evidence of financial
responsibility required shall be for an amount
determined by the President not exceeding $150,000,000.
``(D) Multiple facilities.--In the case in which a
person is a responsible party for more than one
facility subject to this subsection, evidence of
financial responsibility need be established only to
meet the amount applicable to the facility having the
greatest financial responsibility requirement under
this subsection.
``(E) State jurisdiction.--The requirements of this
paragraph shall not apply if an offshore facility
located landward of the seaward boundary of a State is
required by such State to establish and maintain
evidence of financial responsibility in a manner
comparable to, and in an amount equal to or greater
than, the requirements of this paragraph.
``(F) Definition.--For the purpose of this
paragraph, the phrase ``seaward boundary of a State''
shall mean the boundaries described in section 2(b) of
the Submerged Lands Act (43 U.S.C. 1301(b)).''.
SEC. 1126. DEAUTHORIZATION OF NAVIGATION PROJECT, COHASSET HARBOR,
MASSACHUSETTS.
The following portions of the project for navigation, Cohasset
Harbor, Massachusetts, authorized by section 2 of the Act entitled ``An
Act authorizing the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes'', approved
March 2, 1945 (59 Stat. 12), or carried out pursuant to section 107 of
the River and Harbor Act of 1960 (33 U.S.C. 577), are deauthorized: A
7-foot deep anchorage and a 6-foot deep anchorage; beginning at site 1,
starting at a point N453510.15, E792664.63, thence running south 53
degrees 07 minutes 05.4 seconds west 307.00 feet to a point N453325.90,
E792419.07, thence running north 57 degrees 56 minutes 36.8 seconds
west 201.00 feet to a point N453432.58, E792248.72, thence running
south 88 degrees 57 minutes 25.6 seconds west 50.00 feet to a point
N453431.67, E792198.73, thence running north 01 degree 02 minutes 52.3
seconds west 66.71 feet to a point N453498.37, E792197.51, thence
running north 69 degrees 12 minutes 52.3 seconds east 332.32 feet to a
point N453616.30, E792508.20, thence running south 55 degrees 50
minutes 24.1 seconds east 189.05 feet to point of origin; then site 2,
starting at a point, N452886.64, E791287.83, thence running south 00
degrees 00 minutes 00.0 seconds west 56.04 feet to a point, N452830.60,
E791287.83, thence running north 90 degrees 00 minutes 00.0 seconds
west 101.92 feet to a point, N452830.60, E791185.91, thence running
north 52 degrees 12 minutes 49.7 seconds east 89.42 feet to a point,
N452885.39, E791256.58, thence running north 87 degrees 42 minutes 33.8
seconds east 31.28 feet to point of origin; and site 3, starting at a
point, N452261.08, E792040.24, thence running north 89 degrees 07
minutes 19.5 seconds east 118.78 feet to a point, N452262.90,
E792159.01, thence running south 43 degrees 39 minutes 06.8 seconds
west 40.27 feet to a point, N452233.76, E792131.21, thence running
north 74 degrees 33 minutes 29.1 seconds west 94.42 feet to a point,
N452258.90, E792040.20, thence running north 01 degree 03 minutes 04.3
seconds east 2.18 feet to point of origin.
Passed the Senate November 17 (legislative day, November
16), 1995.
Attest:
Secretary.
104th CONGRESS
1st Session
S. 1004
_______________________________________________________________________
AN ACT
To authorize appropriations for the United States Coast Guard, and for
other purposes.
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