[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1004 Introduced in Senate (IS)]
1st Session
S. 1004
To authorize appropriations for the United States Coast Guard, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 29 (legislative day, June 19), 1995
Mr. Stevens (for himself, Mr. Pressler, Mr. Hollings, and Mr. Kerry)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To authorize appropriations for 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:
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.
TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT
Sec. 301. Increased penalties for documentation violations.
Sec. 302. Clerical amendment.
Sec. 303. Maritime Drug and Alcohol Testing Program civil penalty.
Sec. 304. Renewal of the Navigation Safety Advisory Council.
Sec. 305. Renewal of the Commercial Fishing Industry Vessel Advisory
Committee.
Sec. 306. Renewal of Towing Safety Advisory Committee.
Sec. 307. Electronic filing of commercial instruments.
Sec. 308. Civil penalties.
TITLE IV--COAST GUARD AUXILIARY AMENDMENTS
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.
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.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 1995.--Funds are authorized to be appropriated for
necessary expenses of the Coast Guard for fiscal year 1995, as follows:
(1) For the operation and maintenance of the Coast Guard,
$2,630,505,000, of which $25,000,000 shall be derived from the
Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $439,200,000, to remain available until expended, of
which $32,500,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
environmental protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense readiness,
$20,310,000, 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, $562,585,000.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $12,880,000, to
remain available until expended, which may be made available
under section 104(e) of title 49, United States Code.
(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) 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, $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.
(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.
(c) 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--
(1) 39,000 as of September 30, 1995.
(2) 38,400 as of September 30, 1996.
The authorized strength does not include members of the Ready Reserve
called to action 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 student loads as follows:
(1) For recruit and special training--
(A) 2,000 student years for fiscal year 1995; and
(B) 1,604 student years for fiscal year 1996.
(2) For flight training--
(A) 133 student years for fiscal year 1995; and
(B) 85 student years for fiscal year 1996.
(3) For professional training in military and civilian
institutions--
(A) 344 student years for fiscal year 1995; and
(B) 330 student years for fiscal year 1996.
(4) For officer acquisition--
(A) 955 student years for fiscal year 1995; and
(B) 874 student years for fiscal year 1996.
TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT
SEC. 201. PROVISION OF CHILD DEVELOPMENT SERVICES.
(A) In General.--Title 24, 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 shall use for child development services under this
section an amount equal to the total amount the Commandant estimates
will be received by the Coast Guard in the fiscal year as fees for the
provision of those services.
``(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 (P.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 eligible for retirement under any law, be
retired.''.
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.
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. CLERICAL AMENDMENT.
Chapter 121 of title 46, United States Code, is amended--
(1) by striking the first section 12123; and
(2) in the table of sections at the beginning of the
chapter by striking the first item relating to section 12123.
SEC. 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 THE NAVIGATION SAFETY ADVISORY COUNCIL.
Section 5(d) of the Inland Navigational Rules Acts of 1980 (33
U.S.C. 2073) is amended by striking ``September 30, 1995'' and
inserting ``September 30, 2000''.
SEC. 305. RENEWAL OF THE COMMERCIAL FISHING INDUSTRY 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''.
SEC. 306. RENEWAL OF 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''.
SEC. 307. 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. 308. 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''.
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.
``(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 Fiscal Year 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 notrailerable 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 (b).
(B) Within state.--In awarding grants under this
subsection for projects in a particular State, the
Secretary of the Interior shall give priority to
projects that are likely to serve the greatest number
of nontrailerable vessels.
(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.
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 highspeed
freight vessel, of at least 500 gross tons.
``(2) Beginning July 1, 2002, a freight vessel and a mobile
offshore drilling unit of at least 500 gross tons.
``(b) Voluntary Application.--This chapter applies to a vessel not
described in subsection (a) of this section if the owner of the vessel
requests the Secretary to apply this chapter to the vessel.
``(c) Exception.--Except as provided in subsection (b) of this
section, this chapter does not apply to--
``(1) a barge;
``(2) a recreational vessel not engaged in commercial
service;
``(3) a fishing vessel;
``(4) a vessel operating on the Great Lakes or its
tributary and connecting waters; or
``(5) a public vessel.
``Sec. 3203. Safety management system
``(a) In General.--The Secretary shall prescribe regulations which
establish a safety management system for responsible persons and
vessels to which this chapter applies, including--
``(1) a safety and environmental protection policy;
``(2) instructions and procedures to ensure safe operation
of those vessels and protection of the environment in
compliance with international and United States law;
``(3) defined levels of authority and lines of
communications between, and among, personnel on shore and on
the vessel;
``(4) procedures for reporting accidents and
nonconformities with this chapter;
``(5) procedures for preparing for and responding to
emergency situations; and
``(6) procedures for internal audits and management reviews
of the system.
``(b) Compliance With Code.--Regulations prescribed under this
section shall be consistent with the International Safety Management
Code with respect to vessels engaged on a foreign voyage.
Sec. 3204. Implementation of safety management system
``(a) Safety Management Plan.--Each responsible person shall
establish and submit to the Secretary for approval a safety management
plan describing how that person and vessels of the person to which this
chapter applies will comply with the regulations prescribed under
section 3203(a) of this title.
``(b) Approval.--Upon receipt of a safety management plan submitted
under subsection (a), the Secretary shall review the plan and approve
it if the Secretary determines that it is consistent with and will
assist in implementing the safety management system established under
section 3203.
``(c) Prohibition on Vessel Operation.--A vessel to which this
chapter applies under section 3202(a) may not be operated without
having on board a Safety Management Certificate and a copy of a
Document of Compliance issued for the vessel under section 3205 of this
title.
Sec. 3205. Certification
``(a) Issuance of Certificate and Document.--After verifying that
the responsible person for a vessel to which this chapter applies and
the vessel comply with the applicable requirements under this chapter,
the Secretary shall issue for the vessel, on request of the responsible
person, a Safety Management Certificate and a Document of Compliance.
``(b) Maintenance of Certificate and Document.--A Safety Management
Certificate and a Document of Compliance issued for a vessel under this
section shall be maintained by the responsible person for the vessel as
required by the Secretary.
``(c) Verification of Compliance.--The Secretary shall--
``(1) periodically review whether a responsible person
having a safety management plan approved under section 3204(b)
and each vessel to which the plan applies is complying with the
plan; and
``(2) revoke the Secretary's approval of the plan and each
Safety Management Certificate and Document of Compliance issued
to the person for a vessel to which the plan applies, if the
Secretary determines that the person or a vessel to which the
plan applies has not complied with the plan.
``(d) Enforcement.--At the request of the Secretary, the Secretary
of the Treasury shall withhold or revoke the clearance required by
section 4197 of the Revised Statutes (46 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; and
(3) in subsection (b), as so redesignated, by--
(A) redesignating paragraph (2) as paragraph (3);
and
(B) striking so much of the subsection as precedes
paragraph (3), as so redesignated, and inserting the
following:
``(b)(1) The Secretary may delegate to the American Bureau of
Shipping or another classification society recognized by the Secretary
as meeting acceptable standards for such a society, for a vessel
documented or to be documented under chapter 121 of this title, the
authority to--
``(A) review and approve plans required for issuing a
certificate of inspection required by this part;
``(B) conduct inspections and examinations; and
``(C) issue a certificate of inspection required by this
part and other related comments.
``(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. 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 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'';
(2) in paragraph (13a), by inserting after ``3,500 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'';
(3) in paragraph (19), by inserting after ``500 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'';
(4) in paragraph (22), by inserting after ``100 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'';
(5) in paragraph (30)(A), by inserting after ``500 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'';
(6) in paragraph (32), by inserting after ``100 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'';
(7) in paragraph (33), 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'';
(8) in paragraph (35), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage measured
under section 14032 of that title as prescribed by the
Secretary under section 14104 of that title''; and
(9) in paragraph (42), by inserting after ``100 gross
tons'' each place it appears, 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. 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 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''; 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 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. 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
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'';
(2) in subsection (c)(2), by inserting after ``500 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'';
(3) in subsection (c)(3), by inserting after ``500 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'';
(4) in subsection (c)(4)(A), by inserting after ``500 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'';
(5) in subsection (d)(1), by inserting after ``150 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'';
(6) in subsection (i)(1)(A), 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''; and
(7) in subsection (j), by inserting after ``15 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. 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 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''; 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 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. 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
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''; and
(2) in subsection (j)(1), by inserting after ``1,600 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. 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
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'';
(2) in subsection (c), by inserting after ``500 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''; and
(3) in subsection (d), by inserting after ``5,000 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. 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
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'';
(2) in subsection (c)(2), by inserting after ``5,000 gross
tons'' each place it appears 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'';
(3) in subsection (c)(3)(A), by inserting after ``15,000
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'';
(4) in subsection (c)(3)(B), by inserting after ``30,000
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''; and
(5) in subsection (c)(3)(C), by inserting after ``30,000
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. 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
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''; and
(2) in subsection (b), by inserting after ``10,000 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. 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 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. 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 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. 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
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'';
(2) in paragraph (5), by inserting after ``500 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''; and
(3) in paragraph (10), by inserting after ``150 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. 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 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. 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 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. 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 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. 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
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'';
(2) in subsection (c)(1), by inserting after ``500 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'';
(3) in subsection (d), by inserting after ``500 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'';
(4) in subsection (f)(1), by inserting after ``5,000 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''; and
(5) in subsection (f)(2), by inserting after ``5,000 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. 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 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. 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 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. 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 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. 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 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. 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
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'';
(2) in subsection (d), by inserting after ``100 gross
tons'' and after ``5,000 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'';
(3) in subsection (l)(1), by inserting after ``1,600 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'';
(4) in subsection (m)(1), by inserting after ``1,600 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'';
(5) in subsection (o)(1), by inserting after ``500 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''; and
(6) in subsection (o)(2), by inserting after ``500 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. 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
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'';
(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 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'';
(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 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'';
(4) in subsection (a)(5), 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''; and
(5) in subsection (b), inserting after ``200 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. 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 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. 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
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''; and
(2) in subsection (a)(6), by inserting after ``1,600 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. 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
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''; and
(2) in subsection (a)(6), by inserting after ``1,600 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. 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 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. 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 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. 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 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. 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 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. 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 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. 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 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. 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 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. 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 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. 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 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. 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 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. 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 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. 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 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. 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.''.
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