[Congressional Record Volume 140, Number 109 (Tuesday, August 9, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SIMON:
  S. 2372. A bill to reauthorize for 3 years the Commission on Civil 
Rights, and for other purposes; to the Committee on the Judiciary.


          CIVIL RIGHTS COMMISSION REAUTHORIZATION ACT OF 1994

 Mr. SIMON. Mr. President, I introduce legislation to 
reauthorize the U.S. Commission on Civil Rights. The authorization for 
the Commission expires on September 30, 1994, and the Constitution 
Subcommittee, which I chair, has jurisdiction over reauthorization.
  Since 1957, when the U.S. Commission on Civil Rights was first 
established, our Nation has made considerable progress in fulfilling 
the promise of equal rights. But the problems of discrimination have 
hardly been solved; in many ways, they have just grown more complex. 
The Nation continues to need a Civil Rights Commission that is true to 
its original purpose as an independent, nonpartisan, factfinding 
agency.
  Mr. President, it is no secret that there have been some problems at 
the Commission over the years, particularly during the 1980's. Many who 
have worked tirelessly in the civil rights community for years, and who 
have observed and worked with the Commission during that time, continue 
to have some skepticism about the work of the Commission. Frankly, the 
Commission needs to do a better job of reaching out to the 
organizations and communities with which it has worked closely in the 
past.
  The U.S. Commission on Civil Rights should not just react to the 
civil rights issues of the day, but should provide leadership on these 
issues. It is my hope that the Commission can once again raise the 
consciousness of the Nation on civil rights matters. I believe that the 
Commission is now headed in that direction.
  The legislation I introduce today will reauthorize the Commission for 
a 3 year period through the end of fiscal year 1997. It retains the 
mission and organizational structure of the Commission but authorizes 
the preparation of public service announcements and advertising 
campaigns to discourage discrimination or the denial of equal 
protection of the laws based on color, race, religion, sex, age, 
disability, or national origin.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2372

       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 ``Civil Rights Commission 
     Reauthorization Act of 1994''.

     SEC. 2. COMMISSION ON CIVIL RIGHTS.

       Section 5(a) of the United States Commission on Civil 
     Rights Act of 1983 (42 U.S.C. 1975c(a)) is amended to read as 
     follows:
       ``(a) Investigatory and Other Duties.--The Commission 
     shall--
       ``(1) investigate allegations, in writing, under oath or 
     affirmation, relating to deprivations of civil rights based 
     on color, race, religion, sex, age, disability, or national 
     origin, or as a result of any pattern or practice or fraud, 
     or denial of the right to vote and have votes counted; and
       ``(2) study, collect, make appraisals of, serve as a 
     national clearinghouse for information on, and prepare public 
     service announcements and advertising campaigns to discourage 
     discrimination or the denial of equal protection of the laws, 
     including the administration of justice, based on color, 
     race, religion, sex, age, disability, or national origin.''.

     SEC. 3. REAUTHORIZATION.

       Section 7 of the United States Commission on Civil Rights 
     Act (42 U.S.C. 1975e) is amended to read as follows:

     ``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     Act $9,500,000 for fiscal year 1995.

     SEC. 4. TERMINATION.

       Section 8 of the United States Commission on Civil Rights 
     Act (42 U.S.C. 1973f) is amended by striking ``1994'' and 
     inserting ``1997''.
                                 ______

      By Mr. HOLLINGS (for himself, Mr. Kerry, Mr. Breaux, Mr. Stevens, 
        Mr. Lautenberg, and Mr. Gorton):
  S. 2373. A bill to authorize appropriations for fiscal year 1995 for 
the U.S. Coast Guard, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.


                 coast guard authorization act of 1994

 Mr. HOLLINGS. Mr. President, I introduce the Coast Guard 
Authorization Act of 1994. This bill provides the core authorization 
for the Coast Guard for fiscal year 1995. The legislation also contains 
several provisions which amend existing Coast Guard administrative 
statutes to improve personnel management. These provisions would 
authorize: First, an end-of-year military strength level of 39,000, as 
well as annual training levels; second, child development services for 
Coast Guard personnel; third, contracts for health care services; and 
fourth, special programs for recruiting women and minorities into the 
Coast Guard. Finally, the bill provides the Coast Guard with additional 
authority to address important marine safety and environmental issues 
such as recreational boating safety, towing vessel safety, and marine 
plastic pollution.
  The appropriations levels authorized are consistent with the 
administration's budget request of $3.8 billion for fiscal year 1995, 
and represent less than a 4-percent overall increase from the level 
appropriated in fiscal year 1994. Most of this increase would be used 
to fund growing acquisition costs for major projects, including coastal 
and seagoing buoy tender replacements, procurement of new motor 
lifeboats and small patrol boats, continued development of vessel 
traffic service systems for high-risk ports, and icebreaker-related 
costs. In addition, over $80 million is needed to fund built-in changes 
such as pay raises, cost-of-living allowances, and retired pay 
increases.
  As in previous years, the Coast Guard budget does not fully reflect 
the breadth and complexity of its missions. On any average day in 1993, 
the Coast Guard: Saved 15 lives; assisted 330 people; responded to 34 
oil or hazardous chemical spills; inspected 64 commercial vessels; 
seized 318 pounds of marijuana and 253 pounds of cocaine with a street 
value of $7.7 million; serviced 150 aids to navigation; and interdicted 
112 illegal aliens. The proposed funding levels in this bill are the 
minimum needed by the Coast Guard to carry out this impressive array of 
activities.
  On the issue of recreational boating safety, the bill amends the 
existing funding mechanism for the boat safety account of the aquatic 
resources trust fund to ensure the availability of grants for State 
programs to promote recreational boating safety. The legislation builds 
on provisions of the Clean Vessel Act of 1992 and would make the budget 
scoring comparable to other State grant programs supported by the trust 
fund. The bill also would improve recreational boating safety by: 
First, requiring children under the age of 6 to wear life jackets; 
second, allocating boating safety grants based on adoption of State 
laws regarding boating while intoxicated; third, calling for a plan to 
improve reporting of vessel accidents; and fourth, requiring negligent 
boaters to complete an approved boating safety course. These provisions 
respond to a study by the National Transportation Safety Board calling 
for aggressive action to reduce recreational boating accidents.
  With respect to towing vessel safety, the bill authorizes the Coast 
Guard action to deal with the tragic derailing in 1993 of an Amtrak 
passenger train near Mobile, AL, that caused the deaths of 47 people. 
The suspected cause of the accident was poor navigational training and 
equipment that led a towboat operator to veer off course, ram a 
railroad bridge, and push the tracks out of alignment. As a result, the 
Coast Guard and the Federal Railroad Administration initiated an action 
plan to minimize the risk of any similar tragedy in the future. The 
plan elements included in this legislation call for stronger licensing 
requirements for towboat operators, upgraded radar and navigational 
equipment, reduced accident reporting times, and increased penalties 
for failure to report accidents.
  Finally, the bill would further U.S. implementation of annex V of the 
International Convention for the Prevention of Pollution from Ships 
[MARPOL]. Annex V of MARPOL restricts the discharge of garbage from 
ships and bans at-sea disposal of plastic wastes. The bill before us 
today would amend existing U.S. statutes that implement MARPOL to 
strengthen Coast Guard enforcement capability, ensure adequate waste 
reception facilities at ports and terminals, and encourage public 
education and reporting programs.
  Mr. President, last week we celebrated the 204th birthday of the U.S. 
Coast Guard. Coast Guard men and women have served our Nation 
continuously since August 4, 1790, when Secretary of the Treasury 
Alexander Hamilton ordered the construction of revenue cutters to stop 
smuggling and enforce tariffs.
  Today, Coast Guard active duty, civilian, reserve, and auxiliary 
personnel perform many more missions than those with which the service 
was tasked in 1790. Over the past two centuries, the U.S. Coast Guard 
has built an enduring reputation throughout the world for its 
humanitarian and lifesaving efforts. We have all watched the valiant 
and often heroic work of Coast Guard seamen and officers as they rescue 
desperate Haitian refugees who have taken to the seas in crowded and 
makeshift boats. On a recent search-and-rescue mission near Humboldt 
Bay, CA, four Coast Guard helicopter crewmen made the ultimate 
sacrifice when they lost their lives in an attempt to save others. Even 
in the remote regions of the world the Coast Guard is present, actively 
engaged in the enforcement of U.N. embargoes against countries like the 
former Republic of Yugoslavia and Iraq.
  Whether it is search-and-rescue operations or drug interdiction, 
fisheries law enforcement or marine pollution prevention, the Coast 
Guard steps forward when called. The men and women of the Coast Guard 
respond with equal dedication during war and during peacetime. I ask my 
colleagues to recognize this service by joining me in supporting Coast 
Guard authorization legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2373

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Coast 
     Guard Authorization Act of 1994''.
       (b) Table of Contents.--

1. Short title; table of contents.

                           I. AUTHORIZATIONS

101. Authorization of Appropriations
102. Authorized Levels of Military Strength and Training

                  II. PERSONNEL MANAGEMENT IMPROVEMENT

201. Funds for Recruiting
202. Provision of Child Development Services
203. Hurricane Andrew Relief
204. Dissemination of Results of O-6 Continuation Boards
205. Exclude Certain Reserves from End-of-Year Strength
206. Officer Retention until Retirement Eligible
207. Special Recruiting Authority to Achieve Diversity
208. Contracts for health care services

          III. MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT

301. State Recreational Boating Safety Grants
302. Boating Access
303. Foreign Passenger Vessel User Fees
304. Increased Penalties for Documentation Violations
305. Outer Continental Shelf Civil Penalties
306. Amendments to Require EPIRBs in the Great Lakes
307. Inspection of Small Passenger Vessels
308. Penalties for Alteration of Marine Safety Equipment

                      IV. MISCELLANEOUS PROVISIONS

401. Thacher Island Lighthouse
402. Transfer of Coast Guard Property in Ketchikan, Alaska
403. Florida Avenue Bridge
404. Tuna Fishing Vessels

             V. RECREATIONAL BOATING SAFETY IMPROVEMENT ACT

501. Personal Flotation Devices Required for Children
502. Adoption of State Laws to Prevent Intoxicated Boaters
503. Marine Casualty Reporting
504. Recreational Boating Safety Course for Violators
505. Technical Corrections

                        VI. TOWING VESSEL SAFETY

601. Minimum Navigational Safety Equipment
602. Demonstration of Proficiency in Use of Safety Equipment
603. Reporting Marine Casualties
604. Manning and Licensing Report
605. Report on Satellite Navigation and Electronic Charts

          VII. ACT TO PREVENT POLLUTION FROM SHIPS AMENDMENTS

701. Definition of Operators
702. Prevention of Pollution from Ships
703. Marine Plastic Pollution Research and Control

                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) Funds are authorized to be appropriated for necessary 
     expenses of the Coast Guard for fiscal year 1995, as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $2,630,505,000, of which $25,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $439,200,000, to remain available until 
     expended, of which $32,500,000 shall be derived from the Oil 
     Spill Liability Trust Fund to carry out the purposes of 
     section 1012(a)(5) of the Oil Pollution Act of 1990.
       (3) For research, development, test, and evaluation of 
     technologies, materials, and human factors directly relating 
     to improving the performance of the Coast Guard's mission in 
     support of search and rescue, aids to navigation, marine 
     safety, marine environmental protection, enforcement of laws 
     and treaties, ice operations, oceanographic research, and 
     defense readiness, $20,310,000, to remain available until 
     expended, of which $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, $13,000,000, 
     to remain available until expended.
       (6) For environmental compliance and restoration at Coast 
     Guard facilities, $25,000,000, to remain available until 
     expended.
       (b) Section 104 of title 49, United States Code, is amended 
     by adding at the end thereof the following:
       ``(e) Notwithstanding the provisions of sections 101(d) and 
     144 of title 23, United States Code, highway bridges 
     determined to be unreasonable obstructions to navigation 
     under the Truman-Hobbs Act may be funded from amounts set 
     aside from the discretionary bridge program. Of the amount 
     authorized for each fiscal year for the discretionary bridge 
     program, not more than $12,880,000 in the case of fiscal year 
     1995, not more than $14,200,000 in the case of fiscal year 
     1996, and not more than $17,250,000 in the case of fiscal 
     year 1997 shall be available for such highway bridge 
     projects. The Secretary shall transfer these allocations and 
     the responsibility for administration of these funds to the 
     United States Coast Guard.''.

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

       (a) The Coast Guard is authorized an end-of-year strength 
     for active duty personnel of 39,000 as of September 30, 1995. 
     The authorized strength does not include members of the Ready 
     Reserve called to active duty for special or emergency 
     augmentation of regular Coast Guard forces for periods of 180 
     days or less.
       (b) For fiscal year 1995, the Coast Guard is authorized 
     average military training student loads as follows:
       (1) For recruit and special training, 2,000 student years.
       (2) For flight training, 133 student years.
       (3) For professional training in military and civilian 
     institutions, 344 student years.
       (4) For officer acquisition, 955 student years.

               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

     SEC. 201. 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--
       ``(1) to obtain recruits for the Service and cadet 
     applicants; and
       ``(2) to gain support of recruiting objectives from those 
     who may assist in the recruiting effort.''.

     SEC. 202. PROVISION OF CHILD DEVELOPMENT SERVICES.

       (a) Title 14, United States Code, is amended by inserting 
     after section 514 the following new section:

``Sec. 515. Child development services

       ``(a) The Commandant may make child development services 
     available for members of the armed forces and Federal 
     civilian employees. From funds appropriated to the department 
     in which the Coast Guard is operating, the Commandant may 
     spend such sums as necessary to carry out this program. Child 
     development service benefits provided under the authority of 
     this section shall be in addition to benefits provided under 
     existing programs.
       ``(b) For purposes of this section, the term `Coast Guard 
     child development center' includes a `military child 
     development center', as that term is defined by subsection 
     (b)(1) of the Military Child Care Act of 1989 (10 U.S.C. 113 
     note), but does not include contractor operated centers or 
     government/contractor cooperatives establishes under section 
     490b of title 40, United States Code.
       ``(c)(1) Except as provided in paragraph (2), the 
     Commandant may require child care receipts to be used only 
     for compensation of child development center employees who 
     are directly involved in providing child care.
       ``(2) If the Commandant determines that compliance with the 
     limitation in paragraph (1) would result in an uneconomical 
     and inefficient use of 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.
       ``(d)(1) The Commandant shall establish a training program 
     for child development center employees. Subject to paragraph 
     (2), satisfactory completion of the training program shall be 
     a condition of employment of any person as a child 
     development center employee.
       ``(2) The Commandant shall require that each child 
     development center employee complete the training program not 
     later than six months after the date on which the employee is 
     employed as a child development center employee (except that, 
     in the case of a child development center employee hired 
     before the date on which the training program is established, 
     the employee shall complete the program not later than six 
     months after that date).
       ``(3) The training program established under this 
     subsection shall cover, at a minimum, training in the 
     following:
       ``(A) Early childhood development;
       ``(B) Activities and disciplinary techniques appropriate to 
     children of different ages;
       ``(C) Child abuse prevention and detection; and
       ``(D) Cardiopulmonary resuscitation and other appropriate 
     emergency medical procedures.
       ``(e) The Commandant may use funds available to the Coast 
     Guard for operating expenses for Coast Guard child 
     development centers. Such funds shall not be less than the 
     amount of child care fee receipts that are estimated to be 
     received by the Coast Guard during the fiscal year.
       ``(f) 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.
       ``(g) The Commandant shall require that each Coast Guard 
     child development center be inspected not less often than 
     four times a year. Each such inspection shall be unannounced.
       ``(h) The Secretary shall promulgate regulations to 
     implement this section.''.
       (b) The table of sections at the beginning of chapter 13 of 
     title 14, United States Code, is amended by inserting after 
     the item related to section 514 the following:

``515. Child development services.''.

     SEC. 203. 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. 204. 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. 205. 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. 206. 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. 207. SPECIAL RECRUITING AUTHORITY TO ACHIEVE DIVERSITY.

       (a) Findings.--The Congress makes the following findings:
       (1) The ability of the United States Coast Guard to perform 
     its functions and duties will be enhanced if the 
     representation of women and minorities in its workforce is 
     increased.
       (2) Women and minorities have historically been 
     underrepresented or under utilized in the Coast Guard officer 
     corps.
       (3) The number of women and minorities occupying leadership 
     positions in the United States Coast Guard should reflect the 
     proportion of women and minorities in the total workforce.
       (4) Women and minorities have historically been 
     underrepresented at the United States Coast Guard Academy.
       (5) Notwithstanding intensive application of traditional 
     recruiting programs, the Coast Guard has not been able to 
     rectify the historic underrepresentation or underutilization 
     of women and minorities in the Service and at the Academy and 
     advance beyond the current minority and women recruitment 
     plateau.
       (6) Cultural bias in standardized testing or grading 
     procedures may adversely impact on the ability of minorities 
     to compete successfully for admission to the United States 
     Coast Guard Academy.
       (7) The education and professional training provided at the 
     United States Coast Guard Academy will be enhanced by the 
     benefits that flow from a diverse student body.
       (8) Women and minorities in the United States Coast Guard 
     should be assigned to positions of responsibility that fully 
     utilize their technical, professional and leadership skills.
       (9) Because traditional recruiting methods have failed to 
     rectify the historical underrepresentation and under 
     utilization of women and minorities in the United States 
     Coast Guard, it is necessary and appropriate to authorize the 
     use of the special programs for recruiting women and 
     minorities into the United States Coast Guard.
       (b) New authority.--Section 93 of title 14, United States 
     Code, is amended--
       (1) by striking ``and'' after the semicolon at the end of 
     paragraph (t)(2);
       (2) by striking the period at the end of paragraph (u) and 
     inserting a semicolon and the word ``and''; and
       (3) by adding at the end the following:
       ``(v) obtain research on Coast Guard personnel resource and 
     training needs; and employ special programs for recruiting 
     women and minorities, to include providing financial 
     assistance by grant, cooperative agreement, contract, or 
     otherwise not specifically prohibited by law or regulation, 
     to public or private associations, organizations, or 
     individuals to implement national or local outreach programs 
     intended to rectify underrepresentation or underutilization 
     of women and minorities in the Coast Guard and to meet 
     identified personnel resource requirements and training 
     needs.''.

     SEC. 208. 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) 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 an addition to 
     any other contract authorities of the Commandant provided by 
     law or as delegated to the Commandant from time to time by 
     the Secretary, including but not limited to authority 
     relating to the management of health care facilities and 
     furnishing of health care services pursuant to title 10 and 
     title 14, United States Code.
       ``(b) The total amount of compensation paid to an 
     individual in any year under a personal services contract 
     entered into under subsection (a) shall not exceed the amount 
     of annual compensation (excluding allowances for expenses) 
     allowable for such contracts entered into by the Secretary of 
     Defense pursuant to section 1091 of title 10, United States 
     Code.
       ``(c)(1) The Secretary shall promulgate regulations to 
     assure--
       ``(A) the provision of adequate notice of contract 
     opportunities to individuals residing in the area of a 
     medical treatment facility involved; and
       ``(B) consideration of interested individuals solely on the 
     basis of the qualifications established for the contract and 
     the proposed contract price.
       ``(2) Upon establishment of the procedures under paragraph 
     (1), the Secretary may exempt personal services contracts 
     covered by this section from the competitive contracting 
     requirements specified in section 2304 of title 10, United 
     States Code, or any other similar requirements of law.
       ``(d) The procedures and exemptions provided under 
     subsection (c) shall not apply to personal services contracts 
     entered into under subsection (a) with entities other than 
     individuals or to any contract that is not an authorized 
     personal services contract under subsection (a).''.
       (b) The table of sections 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 October 1, 1994. Any personal services contract entered 
     into on behalf of the Coast Guard in reliance upon the 
     authority of section 1091 of title 10, United States Code, 
     before that date is confirmed and ratified and shall remain 
     in effect in accordance with the terms of the contract.''.

     TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT

     SEC. 301. STATE RECREATIONAL BOATING SAFETY GRANTS.--

       (a) Transfer of Amounts for State boating Safety 
     Programs.--
       (1) Tansfers.--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 3(e) of the Boating Improvement 
     Act of 1994; and
       ``(ii) grants under section 5604(c) of the Clean Vessel Act 
     of 1992.
       ``(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 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.
       ``(B) The amount of any reduction under subparagraph (A) 
     shall be apportioned among the several States under 
     subsection (d) by the Secretary of the Interior.''.
       (2) Conforming amendment.--Section 5604(c)(1) of the Clean 
     Vessel Act of 1992 (33 U.S.C. 1322 note) is amended by 
     striking ``section 4(b)(2) of the Act of August 9, 1950 (16 
     U.S.C. 777c(b)(2), as amended by this Act)'' and inserting 
     ``section 5(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.--
       (1) Section 13106 of title 46, United States Code, is 
     amended--
       (A) by striking the first sentence of subsection (a) and 
     inserting the following: ``An amount equal to one-half of the 
     amount transferred for each fiscal year to the Boat Safety 
     Account under section 9503(c)(4) of the Internal Revenue Code 
     of 1986 (26 U.S.C. 9503(c)(4)) is available for appropriation 
     for State recreational boating safety programs authorized 
     under the chapter. Subject to paragraph (2), the Secretary 
     shall expend in each fiscal year an amount equal to the total 
     of the amount appropriated from the Boat Safety Account for 
     State recreational boating safety programs for that fiscal 
     year and the amount transferred to the Secretary under 
     secretary 4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 
     777c(b)(1) in that fiscal year.''; and
       (B) by striking subsection (c).
       (2) Conforming amendment.--Section 3710(b) of title 46, 
     United States Code, is amended by striking ``24 months'' and 
     inserting ``5 years''.
       (c) Excess FY 1995 Boat Safety Account Funds Transfer.--
     Notwithstanding any other provision of law, amounts received 
     by the Highway Trust Fund attributable to motorboat fuel 
     taxes received after September 30, 1995, and after October 1, 
     1996, that are not transferred to the Boat Safety Account or 
     to the land and water conservation fund provided for in title 
     I of the Land and Water Conservation Fund Act of 1965 shall 
     be made available for use by the Secretary of Transportation 
     for State recreational boating safety programs under section 
     13106 of title 46, United States Code, fiscal year 1996 
     rather than being transferred into the Sport Fish Restoration 
     Account in the Aquatic Resources Trust Fund.

     SEC. 302. 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 money 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.
       (c) Grant Programs--
       (1) Matching grants.--The Secretary of the Interior may 
     obligate not less than \1/2\ of the amount made available for 
     each of fiscal years 1998 and 1999 under section 4(b)(1)(C) 
     of the Act of August 9, 1950, as amended by section 2(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.--In awarding grants under this subsection, 
     the Secretary of the Interior shall give priority to projects 
     that--
       (A) are likely to serve the largest number of 
     nontrailerable vessels; and
       (B) consist of the construction or renovation of public 
     facilities for transient nontrailerable vessels in accordance 
     with a plan submitted by an eligible State submitted under 
     subsection (b).
       (f) Definitions.--For the purpose of this section the 
     term--
       (1) ``eligible State'' means a State that--
       (A) completes and submits to the Secretary of the Interior 
     a survey in accordance with subsection (c); and
       (B) develops and submits to the Secretary of the Interior a 
     plan in accordance with subsection (d);
       (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. 303. FOREIGN PASSENGER VESSEL USER FEES.

       Section 3303 of title 46, United States Code, is amended--
       (1) by striking ``(a) Except as'' in subsection (a) and 
     inserting ``Except as''; and
       (2) by striking subsection (b).

     SEC. 304. INCREASED PENALTIES FOR DOCUMENTATION VIOLATIONS.

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

     SEC. 305. OUTER CONTINENTAL SHELF CIVIL PENALTIES.

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

     SEC. 306. 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. 307. INSPECTION OF SMALL PASSENGER VESSELS.

       Section 3307 of title 46, United States Code, is amended--
       (1) by striking ``and nautical school vessel'' in paragraph 
     (1) and inserting ``, nautical school vessel, and small 
     passenger vessel carrying more than 12 passengers on an 
     international voyage'',
       (2) by inserting ``and'' after the semicolon in paragraph 
     (1), and
       (3) by striking paragraph (2) and redesignating paragraph 
     (3) as (2), and
       (4) by striking ``2 years'' in paragraph (2) (as 
     redesignated) and inserting ``5 years''.

     SEC. 308. PENALTIES DEFECTIVE SERVICING OR ALTERATION OF 
                   MAINE SAFETY EQUIPMENT.

       Section 3318(b) of title 46, United States Code, is 
     amended--
       (1) by inserting ``(1) before ``A person''; and
       (2) 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.''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

     SEC. 401. THACHER ISLAND LIGHTHOUSE.

       (a) Authority to Convey.--
       (1) In general.--The Secretary of Transportation may 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 property comprising Thacher Island, 
     except that the Coast Guard shall retain all right, title, or 
     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.
       (2) Identification of property.--The Secretary may 
     identify, describe, and determine the property to be conveyed 
     pursuant to this section.
       (b) Terms and Conditions.--
       (1) In general.--A conveyance of property pursuant to this 
     section shall be made--
       (A) without 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 pursuant to this section shall be 
     subject to the condition that all right, title, and interest 
     in Thacher Island shall immediately revert to the General 
     Services Administration of the United States of American if 
     Thacher Island ceases to be maintained and used as a 
     nonprofit center for public benefit for the interpretation 
     and preservation of the material culture of the United States 
     Coast Guard and the maritime history of Thacher Island, 
     Massachusetts. In connection therewith, the property may be 
     used for educational, historic, recreational, and cultural 
     programs open to and for the benefit of the general public. 
     Other uses not inconsistent with the foregoing uses are 
     permitted unless the Secretary shall reasonably determine 
     that such uses are incompatible with the historic nature of 
     this property or with other provisions of this section.
       (3) Maintenance of navigation function.--Any conveyance of 
     property pursuant to this section shall be made subject to 
     such conditions as the Secretary considers to be necessary to 
     assure that--
       (A) the light, antennas, sound signal, and associated 
     lighthouse equipment, and any electronic navigation 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 Town of Rockport 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 on any portion of such property as may be necessary 
     for navigation purposes;
       (D) the United States shall have the right, at any time, to 
     enter such property without notice for the purpose of 
     maintaining aids to navigation; and
       (E) the United States shall have an easement of access to 
     such property for the purpose of maintaining the aids to 
     navigation in use on the property, and an easement for an arc 
     of visibility.
       (c) Property To Be Maintained in Accordance With Certain 
     Laws.--The Town of Rockport shall maintain Thacher Island in 
     accordance with the provisions of the National Historic 
     Preservation Act of 1966 (16 U.S.C. 470 et seq.) and other 
     applicable laws.
       (d) Definitions.--For purposes of this section--
       (1) The term ``Thacher Island'' means the Coast Guard 
     property located on Thacher Island, Massachusetts, which is 
     located off the coast of Cape Ann, Massachusetts, within the 
     boundaries of the Town of Rockport, Massachusetts, including 
     the light tower, sound signal building, any other ancillary 
     buildings, and such land as may be necessary to enable to 
     Town of Rockport operate a non-profit center for public 
     benefit.
       (2) The term ``Secretary'' means the Secretary of the 
     department in which the Coast Guard is operating.

     SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN KETCHIKAN, 
                   ALASKA.

       (a) Conveyance Requirement.--The Secretary of 
     Transportation shall convey to the Ketchikan Indian 
     Corporation in Ketchikan, Alaska, without reimbursement and 
     by no later than 120 days after the date of enactment of this 
     Act, all right, title, and interest of the United States in 
     and to the property known as the ``Former Marine Safety 
     Detachment'' as identified in Report of Excess Number CG-689 
     (GSA Control Number 9-U-AK-0747) and described in subsection 
     (b).
       (b) Property Described.--The property referred to in 
     subsection (a) is real property located in the city of 
     Ketchikan, township 75 south, range 90 east, Copper River 
     Meridian, First Judicial District, State of Alaska, and 
     commencing at corner numbered 10, United States Survey 
     numbered 1079, the true point of beginning for this 
     description: Thence north 24 degrees 04 minutes east, along 
     the 10-11 line of said survey a distance of 89.76 feet to 
     corner numbered 1 of lot 5B; thence south 65 degrees 56 
     minutes east a distance of 345.18 feet to corner numbered 2 
     of lot 5B; thence south 24 degrees 04 minutes west a distance 
     of 101.64 feet to corner numbered 3 of lot 5B; thence north 
     64 degrees 01 minute west a distance of 346.47 feet to corner 
     numbered 10 of said survey, to the true point of beginning, 
     consisting of 0.76 acres (more or less), and all improvements 
     located on that property, including buildings, structures, 
     and equipment.
       (c) Reversionary Interest.--In addition to any term or 
     condition established pursuant to subsection (a), any 
     conveyance of property described in subsection (b) shall be 
     subject to the condition that all right, title, and interest 
     in and to the property so conveyed shall immediately revert 
     to the United States if the property, or any part thereof, 
     ceases to be used by the Ketchikan Indian Corporation as a 
     Native health clinic.

     SEC. 403. FLORIDA AVENUE BRIDGE.

       For purposes of the alteration of the Florida Avenue Bridge 
     (located approximately 1.63 miles east of the Mississippi 
     River on the Gulf Intracoastal Waterway in Orleans Parish, 
     Louisiana) ordered by the Secretary of Transportation under 
     the Act of June 21, 1940 (33 U.S.C. 511 et seq.; popularly 
     known as the Truman-Hobbs Act), the Secretary shall treat the 
     drainage siphon that is adjacent to the bridge as an 
     appurtenance of the bridge, including with respect to 
     apportionment and payment of costs for the removal of the 
     drainage siphon in accordance with that Act.

     SEC. 404. TUNA FISHING VESSELS.

       (a) In General.--Transferring to foreign registry any tuna 
     fishing vessel which is an agreement vessel documented under 
     the laws of the United States shall not be treated, for 
     purposes of section 607 of the Merchant Marine Act, 1936, (46 
     App. U.S.C. 1177), or for purpose of the Internal Revenue 
     Code of 1986 or any other law of the United States, as--
       (1) the disposition of an agreement vessel, or
       (2) a failure to meet any substantial obligation under an 
     agreement entered into between the owner or operator of the 
     vessel and the Secretary if--
       (A) the vessel, before registry transfer, either regularly 
     fished for tuna in the Eastern Pacific Ocean or regularly 
     fished in the Pacific Ocean but did not regularly have a 
     license to fish tuna in the Western Pacific Ocean;
       (B) the vessel will, after registry transfer, continue to 
     be controlled directly or indirectly by the last agreement 
     holder of record, as of the time of registry transfer, under 
     section 607 of the Merchant Marine Act, 1936, (46 App. U.S.C. 
     1177); and
       (C) the vessel will, after registry transfer, continue to 
     be operated in compliance with section 307 of the Marine 
     Mammal Protection Act of 1972 (46 App. U.S.C. 1417) and 
     subjected to continuous observer coverage under the 
     arrangements provided by the Inter-American Tropical Tuna 
     Commission or under any such other international arrangements 
     as may be approved by the Secretary.
       (b) Non-Compliance.--Noncompliance with any of the 
     provisions above will, for purposes of section 607 of the 
     Merchant Marine Act, 1936 (46 App. U.S.C. 1177), be treated 
     as the disposition of an agreement vessel and a failure to 
     meet a substantial obligation under any agreement entered 
     into between the owner or operator of the vessel and the 
     Secretary as if this section had not applied and as if the 
     vessel's registry had not been transferred.
       (c) Definitions.--Any term defined in section 607(k) of the 
     Merchant Marine Act, 1936 (46 App. U.S.C. 1177(k)), that is 
     used in this section shall have the meaning given that term 
     in that section.
       (d) Treatment of Income and Expenses.--All vessel income 
     and expense (including pass-throughs to shareholders and 
     partners, if any) will, after registry transfer, continue to 
     be fully subject to the Internal Revenue Code of 1986 and 
     reported as income and taxed in the United States as if the 
     vessel's registry had not been transferred.
       (c) Effective Date.--This section shall apply to any 
     registry transfer effected before January 1, 1997.

            TITLE V--RECREATIONAL BOATING SAFETY IMPROVEMENT

     SEC. 501. 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 that subsection.''.

     SEC. 502. ALLOCATION OF FUNDS BASED ON STATE ADOPTION OF LAWS 
                   REGARDING BOATING WHILE INTOXICATED.

       Section 13103 of title 46, United States Code, is amended--
       (1) by redesignating subsections (a), (b), and (c) as (b), 
     (c), and (d), respectively.
       (2) by inserting before subsection (b) (as redesignated) 
     the following:
       ``(a)(1) Beginning in fiscal year 1998, of the amounts 
     transferred to the Secretary each fiscal year pursuant to 
     section 4(b) of the Act of August 9, 1950 (16 U.S.C. 
     777c(b)), the Secretary shall allocate for State recreational 
     boating safety programs, $10,000,000 as follows:
       ``(A) One-half shall be allocated in accordance with 
     paragraph (2) among eligible States that--
       ``(i) prohibit operation of a recreational vessel by an 
     individual who is under the influence of alcohol or drugs; 
     and
       ``(ii) establish a blood alcohol concentration limit of .10 
     percent or less.
       ``(B) One-half shall be allocated in accordance with 
     paragraph (2) among eligible Stated that--
       ``(1) prohibit operation of a recreational vessel by an 
     individual who is under the influence of alcohol or drugs; 
     and
       ``(ii) establish an implied consent requirement that 
     specifies that individuals are deemed to have given their 
     consent to evidentiary testing for their blood alcohol 
     concentration or presence of other intoxicating substances.
       ``(2) Of the amount allocated under subparagraph (A) or (B) 
     of paragraph (1) each fiscal year--
       ``(A) one-half shall be allocated equally among all 
     eligible States receiving an allocation under that 
     subparagraph for the fiscal year; and
       ``(B) one-half shall be allocated among those eligible 
     States so that each such State receives an amount bearing the 
     same ratio to the total amount allocated under that 
     subparagraph for the fiscal year as the number of vessels 
     numbered in that State under a system approved under chapter 
     123 of this title bears to the total number of vessels 
     numbered under approved systems of all States receiving an 
     allocation under that subparagraph for the fiscal year.'';
       (3) by inserting ``the balance of remaining'' after 
     ``allocate'' in subsection (v) as redesignated; and
       (4) by adding at the end the following new subsection:
       ``(e) A State shall not be ineligible for an allocation 
     under subsection (a) because of the adoption by the State of 
     any requirement relating to the operation of a recreational 
     vessel while under the influence of alcohol or drugs that is 
     more stringent than the requirements for receiving the 
     allocation.''.

     SEC. 503. MARINE CASUALTY REPORTING.

       (a) Submission of Plan.--Not later than one year after 
     enactment of this Act, the Secretary of Transportation shall, 
     in consultation with appropriate State agencies, submit to 
     the Committee on Merchant Marine and Fisheries of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a plan to increase reporting 
     of vessel accidents to appropriate State law enforcement 
     officials.
       (b) Penalties for Violating Reporting Requirements.--
     Section 6103 (a) of title 46, United States Code, is amended 
     by inserting ``or 6102'' after ``6101'' the second place it 
     appears.

     SEC. 504. REQUIRING VIOLATORS TO TAKE RECREATIONAL BOATING 
                   SAFETY COURSE.

       (a) Negligent Operation.--Section 2302 of title 46, United 
     States Code, is amended by adding at the end the following:
       ``(e) An individual operating a recreational vessel in 
     violation of this section shall complete a boating safety 
     course approved by the Secretary.''.
       (b) Other Violations.--Section 4311 of title 46, United 
     States Code, is amended by adding at the end the following:
       ``(h) A person who operates a recreational vessel in 
     violation of this chapter or a regulation prescribed under 
     this chapter may be ordered to complete a recreational 
     boating safety course approved by the Secretary.''.

     SEC. 505. TECHNICAL CORRECTIONS.

       Section 13108(a)(1) of title 46, United States Code, is 
     amended by--
       (1) striking ``proceeding'' and inserting ``preceding''; 
     and
       (2) striking ``Secertary'' and inserting ``Secretary''.

                     TITLE VI--TOWING VESSEL SAFETY

     SEC. 601. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT FOR TOWING 
                   VESSELS.

       (a) In General.--Section 4102 of title 46, United states 
     Code, is amended by adding at the end the following:
       ``(f)(1) In prescribing regulations for towing vessels, the 
     Secretary--
       ``(A) shall consider the characteristics, methods of 
     operation, and nature of the service of towing vessels;
       ``(B) shall consult with the Towing Safety Advisory 
     Committee; and
       ``(C) may require, to the extent appropriate, the 
     installation, maintenance, and use of the following equipment 
     on each towing vessel, other than a towing vessel that is 
     used only for towing disabled vessels;
       ``(i) A radar system.
       ``(ii) A sonic depth finder.
       ``(iii) A compass or swing meter.
       ``(iv) Adequate towing wire and associated equipment.
       ``(v) Up-to-date navigational charts and publications for 
     the areas normally transited by the vessel.
       ``(vi) Other safety equipment the Secretary determines to 
     be necessary.
       ``(2)(A) The Secretary shall establish in regulations under 
     this chapter requirements that--
       ``(i) any equipment required on a towing vessel under 
     paragraph (1) shall be maintained in effective operating 
     condition; and
       ``(ii) if such equipment on a vessel ceases to operate, the 
     operator of the vessel shall exercise due diligence to 
     restore the equipment to effective operating condition, or 
     cause it to be restored to that condition, at the earliest 
     practicable date.
       ``(B) The failure of equipment required on a towing vessel 
     under paragraph (1) shall not, by itself, constitute a 
     violation of this chapter.''.
       (b) Regulations.--The Secretary of Transportation shall 
     issue regulations by not later than 12 months after the date 
     of the enactment of this Act, prescribing navigational 
     publication and equipment requirements under subsection (f) 
     of section 4102 of title 46, United States Code, as added by 
     subsection (a) of this section.

     SEC. 602. DEMONSTRATION OF PROFICIENCY IN USE OF NAVIGATIONAL 
                   SAFETY EQUIPMENT REQUIRED.

       Section 7101 of title 46, United States Code, is amended by 
     adding at the end the following:
       ``(j) The Secretary shall require an individual who applies 
     for issuance or renewal of a towing vessel operators license 
     to demonstrate proficiency in the use of navigational safety 
     equipment.''.

     SEC. 603. REPORTING MARINE CASUALTIES.

       (a) Expedited Reporting Required.--Section 6101(b) of title 
     46, United States Code, is amended by striking ``within 5 
     days'' and inserting ``by as soon as practicable, but in no 
     case later than within 5 days,''.
       (b) Penalty for Failure To Report a Casualty.--Section 
     6103(a) of title 46, United States Code is amended by 
     striking ``$1,000'' and inserting ``not more than $25,000''.
       (c) Regulations.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall prescribe 
     regulations implementing the amendment made by subsection 
     (a).

     SEC. 604. REPORT ON ADEQUACY AND EFFECTIVENESS OF MANNING AND 
                   PROGRESS IMPROVING LICENSING REQUIREMENTS FOR 
                   OPERATION OF TOWING VESSELS.

       Not later than 6 months after the date of the enactment of 
     this Act, the Secretary of Transportation shall submit a 
     report to the Congress on--
       (1) the adequacy and effectiveness of manning of towing 
     vessels; and
       (2) progress made in implementing improvements in towing 
     vessel operator licensing requirements.

     SEC. 605. REPORT ON FEASIBILITY OF ESTABLISHING A 
                   DIFFERENTIAL GLOBAL POSITIONING SATELLITE 
                   NAVIGATIONAL SYSTEM AND ELECTRONIC CHARTS FOR 
                   INLAND WATERWAYS.

       Not later than 6 months after the date of the enactment of 
     this Act, the Secretary of Transportation shall submit a 
     report to the Congress on the feasibility of establishing a 
     differential global positioning satellite navigation system 
     and creating electronic charts for the inland waterways of 
     the United States.

       TITLE VII--ACT TO PREVENT POLLUTION FROM SHIPS AMENDMENTS

     SEC. 701. DEFINITION OF OPERATOR.

       (a) In General.--Subparagraph (b) of section 2(a)(5) of the 
     Act to Prevent Pollution from Ships (33 U.S.C. 1901(a)(5)(b)) 
     is amended to read as follows: ``(b) in the case of a 
     terminal, any person who by law, lease, contract, or other 
     arrangement, provides a berth at a port or terminal or other 
     mooring arrangement for the ship to transfer cargo to or from 
     shore;''.
       (b) Technical Amendments.--Section 6 of such Act (33 U.S.C. 
     1905) is amended--
       (1) by striking ``a person in charge'' and inserting ``an 
     operator''; and
       (2) by striking ``Persons in charge'' in subsection (a)(2) 
     and inserting ``Operators''; and
       (3) in subsection (c)(2), by striking ``person in charge'' 
     in subsection (c)(2) and inserting ``operator''.

     SEC. 702. PREVENTION OF POLLUTION FROM SHIPS.

       (a) In General.--Section 6 of such Act (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'';
       (2) by adding at the end of subsection (c)(2) the 
     following:
       ``(B) The Secretary may issue a certificate attesting to 
     the adequacy of reception facilities under this paragraph 
     only if, prior to the issuance of the certificate, the 
     Secretary conducts an inspection of the reception facilities 
     of the port or terminal that is the subject of the 
     certificate.''; and
       (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'';
       (4) by amending subsection (d) to read as follows:
       ``(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 (l) available to the general public.'';
       (5) in subsection (e)--
       (A) by striking ``Except in the case'' in paragraph (1) and 
     inserting ``Except as provided in paragraph (3) and in the 
     case'';
       (B) by striking ``The Secretary'' in paragraph (2) and 
     inserting ``Except as provided in paragraph (3), the 
     Secretary''; and
       (C) by adding at the end the following new paragraph:
       ``(3)(A) Not later than 18 months after the date of 
     enactment of the Coast Guard Authorization Act of 1994, the 
     Secretary shall, by regulation, establish a procedure by 
     which the Secretary may assess a civil penalty against the 
     operator of a port or terminal in lieu of denying the entry 
     of a ship to the port or terminal pursuant to paragraph (1) 
     or (2).
       ``(B) The amount of a penalty referred to in subparagraph 
     (A) shall not exceed the maximum amount allowable per day of 
     violation that the Secretary may assess under this Act.
       ``(C) If a port or terminal remains in violation of an 
     applicable requirement of a regulation referred to in 
     paragraph (1) or (2) on the date that is 30 days after the 
     date on which the Secretary initially determines that the 
     port or terminal is in violation of an applicable requirement 
     of a regulation, the Secretary shall, pursuant to regulations 
     promulgated under subparagraph (D) of this paragraph, revoke 
     the certificate of the port or terminal.
       ``(D) In addition to carrying out the duties specified in 
     subparagraphs (A) through (C), not later than 18 months after 
     the date of enactment of this paragraph, the Secretary shall 
     develop, and issue regulations for, revocation and 
     reinstatement procedures that the Secretary shall apply in 
     carrying out this paragraph.'';
       (6) in subsection (f)--
       (A) by inserting ``(1)'' before ``The Secretary''; and
       (B) by adding at the end of the following new paragraph:
       ``(2)(A) Not later than 18 months after the date of 
     enactment, 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.
       ``(B) The Secretary shall promulgate regulations to carry 
     out this paragraph, including specifications for the placards 
     referred to in subparagraph (A).
       ``(C) The Secretary shall make available to the general 
     public any report received by the Secretary under this 
     paragraph.''; and
       (7) by adding at the end the following new subsection:
       ``(g) The Secretary Shall--
       ``(1) establish a program to ensure that the owner, 
     operator, or person in charge of each port or terminal that 
     is not required to apply for a certificate under this section 
     makes available a reception facility that meets the 
     requirements for reception facilities under the regulations 
     promulgated under subsection (a)(2); and
       ``(2) not later than 2 years after the date of enactment of 
     this subsection, and every 2 years thereafter, submit a 
     report to Congress on Coast Guard activities regarding the 
     ports and terminals described in paragraph (1).''.
       (b) Refuse Record Books; Waste Management Plans; 
     Notification of Crew and Passengers.--Section 4(b) of such 
     Act (33 U.S.C. 1903(B)) is amended--
       (1) amending subparagraph (A) of paragraph (2) to read as 
     follows:
       ``(A) not later than 1 year after the date of enactment of 
     the Water Pollution Prevention and Control Act of 1994, issue 
     regulations that require each ship to--
       ``(i) maintain refuse records (either as part of the log 
     book of the ship or in a separate record book):
       ``(ii) establish shipboard waste management plans; and
       ``(iii) display a placard and conduct a briefing that 
     notifies the crew and passengers of the ship of the 
     requirements of Annex V of the Convention;''; and
       (2) by adding at the end the following new paragraph:
       ``(3)(A) The Secretary of Agriculture, acting through the 
     Administrator of the Animal and Plant Health Inspection 
     Service, shall assist the Secretary in carrying out the 
     enforcement of this Act, to the extent that the assistance 
     provided under this subparagraph does not impede the ability 
     of the Secretary of Agriclture, acting through the 
     Administrator of the Animal and Plant Health Inspection 
     Service, to carry out the functions of the Animal and Plant 
     Health Inspection Service.
       ``(B) The Secretary of Agriculture, in coordination with 
     the Secretary, shall review and revise boarding procedures of 
     the Animal and Plant Health Inspection Service to improve the 
     enforcement of this Act.
       ``(C) The review and revision of the boarding procedures 
     referred to in subparagraph (B) shall include--
       ``(i) a revision of any boarding forms used by the 
     Secretary (including adding questions) to provide information 
     in sufficient detail to enable the Secretary to adequately 
     enforce this Act;
       ``(ii) the coordination of efforts of inspectors of the 
     Animal and Plant Health Inspection Service to facilitate the 
     tracking of ships suspected to be in violation of this Act 
     from port to port;
       ``(iii) the coordination of the inspection activities of 
     the Animal and Plant Health Inspection Service with the 
     inspection activities of the Coast Guard, to ensure that any 
     violation of this Act may be easily determined, and that an 
     appropriate penalty is assessed for the violation; and
       ``(iv) methods for using inspectors of the Animal and Plant 
     Health Inspection Service to determine compliance with the 
     regulations promulgated under section 6(a)(2).''.
       (c) Size and Use.--Section 3(a) of such Act (33 U.S.C. 
     1902(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``;and''; and
       (3) by adding at the end the following new paragraph: ``(5) 
     with respect to section 4(b)(2)(A)--
       ``(A) to--
       ``(i) a manned oceangoing United States ship of 40 feet or 
     more in length that is engaged in commerce and is documented 
     under the laws of the United States or numbered by a State; 
     and
       ``(ii) a manned fixed or floating platform subject to the 
     jurisdiction of the United States, or operated under the 
     authority of the United States, wherever located; and
       ``(B) to any other ship of a size and use specified by the 
     Secretary not later than 18 months after the date of 
     enactment of the Coast Guard Authorization Act of 1994.''.
       (d) Penalities for Violations.--Section 9 of such Act (33 
     U.S.C. 1908) is amended--
       (1) by redesignating subsection (c) through (f) as (d) 
     through (g), respectively;
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c)(1) Any person authorized by the Secretary for the 
     purposes of this subsection may, where reasonable cause 
     exists to believe that an owner, operator, or person in 
     charge of a ship--
       ``(A) has disposed of garbage in violation of Annex V of 
     MARPOL or regulations issued under this Act; or
       ``(B) has violated any regulation promulgated under section 
     4(b)(2)(A) of this Act--

     issue a citation to such owner, operator, or person in 
     charge. Such citation shall specify the regulation violated 
     and the applicable penalty amount for such violation, as 
     prescribed by the Secretary in regulations.
       ``(2) On the thirtieth day following issuance of the 
     citation, such amount shall constitute a final assessment for 
     the purposes of this section and shall be due and payable to 
     the United States, unless prior to that date the owner, 
     operator, or person in charge of the ship submits a written 
     request for a hearing to the Secretary. Subsection (b) of 
     this section shall apply to any case in which such a written 
     request has been submitted.
       ``(3) For the purposes of paragraph (1) of this subsection, 
     reasonable cause exists to believe that an owner, operator, 
     or person in charge of a ship has disposed of garbage in 
     violation of Annex V or regulations issued under this Act 
     where, inter alia--
       ``(A) the person in charge refuses, fails, or is unable to 
     produce to the person authorized by the Secretary any 
     recently issued documents demonstrating a recent lawful 
     disposal of ship's garbage or, where a ship's incinerator has 
     been installed, plastic residue from such incinerator, and
       ``(B) the quantity of plastic waste materials on board the 
     ship is less than the amount of such waste estimated, in 
     accordance with regulations issued by the Secretary, to have 
     been generated on board the ship subsequently to the last 
     lawful disposal which is demonstrated to the person 
     authorized by the Secretary.
       ``(4) A citation for a violation that requires a civil 
     penalty may be issued by the appropriate Coast Guard official 
     if, on the inspection of a ship, an appropriate official of 
     the Coast Guard determines that--
       ``(A) the person in charge of the ship has no receipts 
     documenting--
       ``(i) the disposal of garbage; or
       ``(ii) in any case in which an incinerator is on board the 
     ship, the disposal of plastic residue, if any, from the 
     incinerator;
       ``(B) there is no incinerator on board the ship; or
       ``(C) the quantity of plastic waste materials on board the 
     ship is too small with respect to the quantity of plastic 
     waste materials estimated to have been generated on board the 
     ship (on the basis of documentation from the last legal 
     disposal of plastic waste materials from the ship).
       ``(5) Not later than 30 days after the issuance of a 
     citation pursuant to paragraph (2), the recipient of the 
     citation shall either--
       ``(A) pay the amount of the civil penalty; or
       ``(B) submit a written request for a hearing on the 
     assessment of the civil penalty.
       ``(6) The Secretary, in consultation with the Secretary of 
     Agriculture, shall issue regulations which ensure that the 
     record in a log book of the disposal of garbage alone does 
     not constitute proof of lawful disposal of garbage.''; and
       (3) in subsection (g), as redesignated by paragraph (1)--
       (A) by inserting ``(1)'' before ``Notwithstanding'';
       (B) by striking ``or (d)'' and inserting ``or (e)''; and
       (C) by adding at the end the following new paragraphs:
       ``(2) If the secretary--
       ``(A) conducts an investigation and refers a matter 
     pursuant to paragraph (1) to the appropriate official of a 
     foreign country that is a party to the MARPOL Protocol 
     relating to a violation or suspected violation by an owner, 
     operator, or person in charge of a ship that is registered in 
     the foreign country of a requirement of the MARPOL Protocol; 
     and
       ``(B) the official of the foreign country does not provide 
     a response that the Secretary determines appropriate; 
     paragraph (3) shall apply.
       ``(3) If the conditions referred to in subparagraphs (A) 
     and (B) of paragraph (2) are met, the Secretary of the 
     Treasury, on the request of the Secretary, may, with respect 
     to the ship referred to in paragraph (2), refuse or revoke--
       ``(A) a permit to proceed under section 4367 of the Revised 
     Statutes (46 U.S.C. App. 313); or
       ``(B) a permit to depart (as required under section 443 of 
     the Tariff Act of 1930 (19 U.S.C. 1443));

     whichever is applicable.
       ``(4) The Secretary shall, not later than 1 year after the 
     date of enactment of this paragraph, and annually thereafter, 
     publish a list of any referral described in paragraph (1) 
     including, with respect to each referral--
       ``(A) the date of transmittal; and
       ``(B) the date and nature of any response by the 
     appropriate official of the foreign country to whom the 
     referral is sent.''.
       (e) Ship Inspections; Reports to Secretary.--Section 8(c) 
     of such Act (33 U.S.C. 1807(c)) is amended by adding at the 
     end the following new paragraphs:
       ``(3)(A) The Secretary shall make available to the public a 
     toll-free telephone number for reporting violations of the 
     MARPOL Protocol and this Act.
       ``(B) In carrying out this paragraph, the Secretary may--
       ``(i) enter into a cooperative agreement with the 
     appropriate official of the National Response Center to use 
     the telephone reporting service of the Center to provide for 
     the reporting of the violations referred to in subparagraph 
     (A) under the telephone reporting service; or
       ``(ii) establish a separate telephone reporting system.
       ``(C) The Secretary shall report to Congress annually on 
     the effectiveness of the toll-free telephone reporting 
     system. Each report shall include--
       ``(i) the number and types of referral calls related to 
     Annex V of the MARPOL Protocol received; and
       ``(ii) information regarding any investigations conducted 
     and enforcement actions taken in response to a call described 
     in clause (i).
       ``(4) On receipt of a report from an appropriate official 
     of the Animal and Plant Health Inspection Service of the 
     Department of Agriculture of a ship in violation of this Act, 
     the Secretary shall take such action as is necessary to 
     ensure a follow-up inspection of the ship.''.
       (f) Conforming Amendment.--Section 11(a)(3) of such Act (33 
     U.S.C. 1910(a)(3)) is amended by striking ``section 9(e)'' 
     and inserting ``section 9(f)''.

     SEC. 703. MARINE PLASTIC POLLUTION RESEARCH AND CONTROL.

       (a) Compliance Reports.--Section 2201(a) of the Marine 
     Plastic Pollution Research and Control Act of 1987 (Public 
     Law 100-9220(?); 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 Water Pollution Prevention and Control Act 
     of 1994, and annually thereafter, shall publish in the 
     Federal Register a list of the enforcement actions taken 
     against any domestic or foreign ship (including any 
     commercial or recreational ship) pursuant to the Act to 
     Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)''.
       (b) Public Outreach Program.--Section 2204(a) of such Act 
     (Public Law 100-09220(?); 42 U.S.C. 6981 note) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``for a period of at least 3 years,'';
       (B) in subparagraph (C), by striking ``and'' at the end;
       (C) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following new subparagraph:
       ``(E) the requirements under this Act and the Act to 
     Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) with 
     respect to ships and ports, and the authority of citizens to 
     report violations of this Act and the Act to Prevent 
     Pollution from Ships (33 U.S.C. 1901 et seq.).''; and
       (2) by striking paragraph (2) and inserting the following 
     new paragraph:
       ``(2) Authorized activities.--
       ``(A) Public outreach program.--A public outreach program 
     under paragraph (1) may include--
       ``(i) developing and implementing a voluntary boaters' 
     pledge program;
       ``(ii) workshops with interested groups;
       ``(iii) public service announcements;
       ``(iv) distribution of leaflets and posters; and
       ``(v) any other means appropriate to educating the public.
       ``(B) Consultation.--In developing outreach initiatives 
     targeted at the interested groups that are subject to the 
     requirements of this title and the Act to Prevent Pollution 
     from Ships (33 U.S.C. 1901 et seq.), the Secretary of the 
     department in which the Coast Guard is operating, in 
     consultation with the Secretary of Commerce, acting through 
     the Administrator of the National Oceanic and Atmospheric 
     Administration, and the Administrator of the Environmental 
     Protection Agency, shall consult with--
       ``(i) the heads of State agencies responsible for 
     implementing State boating laws; and
       ``(ii) the heads of other enforcement agencies that 
     regulate boaters of commercial fishermen.
       ``(C) 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) Miscellaneous Provisions.--
       (1) In general.--The Marine Plastic Pollution Research and 
     Control Act of 1987 (33 U.S.C. 1901 et seq.) is amended by 
     adding at the end the following new subtitle:

                 ``Subtitle D--Miscellaneous Provisions

     ``SEC. 2401. APPLICABILITY OF WHISTLE BLOWER PROVISIONS.

       ``Section 2302 of title 5, United States Code, shall apply 
     to any employee of the Department of Transportation, the 
     Department of Defense, or the Department of Agriculture, as 
     described in subsection (a)(2)(B) of such section, who 
     carries out any requirement of this Act or the Act to Prevent 
     Pollution from Ships (33 U.S.C. 1901 et seq.).

     ``SEC. 2402. REPORTS TO CONGRESS.

       ``If the Secretary of the department in which the Coast 
     Guard is operating fails to meet a deadline specified in this 
     Act or the Act to Prevent Pollution from Ships (33 U.S.C. 
     1901 et seq.), the Secretary shall submit a written report to 
     Congress that explains the reasons for the failure.

     ``SEC. 2403. WASTE MANAGEMENT STUDY.

       ``Not later than 2 years after the date of enactment of the 
     Coast Guard Authorization Act of 1994, the Secretary of the 
     department in which the Coast Guard is operating, in 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall submit to Congress a written report 
     that identifies potential improvements of the waste 
     management practices at port facilities. The study shall--
       ``(1) characterize wastes as a function of the type, size, 
     number of crew and passengers, and length of voyage of ships;
       ``(2) identify incentives to promote onboard waste 
     management practices on ships, including the use of source 
     reduction, reuse and recycling strategies, incinerators, 
     compactors, pulpers, and shredders;
       ``(3) recommend organizational and business processes 
     required to establish effective and efficient waste 
     management programs, including the design of the roles and 
     responsibilities of all entities involved (including ports 
     and terminals) that would improve the management of shipborne 
     waste; and
       ``(4) investigate positive incentives to including the use 
     of port reception facilities, including potentially 
     prohibiting separate fees for waste disposal.

     ``SEC. 2404. SENSE OF CONGRESS REGARDING INSURANCE.

       ``It is the sense of Congress that--
       ``(1) certain insurance policies or rules of protection and 
     indemnity clubs that provide insurance for shippers should 
     not provide for the payment of a penalty under the Act to 
     Prevent Pollution from Ships (33 U.S.C. 1901 et seq.); and
       ``(2) the Secretary of the department in which the Coast 
     Guard is operating, acting through the Commandant of the 
     Coast Guard, should consult with the International Maritime 
     Organization to seek to establish international standards 
     prohibiting the issuance of a contract of insurance for the 
     sale of a policy that would provide for the payment of any 
     penalty under the MARPOL Protocol (as defined in section 2(a) 
     of the Act to Prevent Pollution from Ships (33 U.S.C. 
     1901(a))) to carry out the MARPOL Protocol.

     ``SEC. 2405. NOTICE OF ARRIVAL.

       ``The owner, master, agent, or person in charge of a vessel 
     shall include in the notice of arrival required to be 
     submitted to the Captain of the Port of the port or place of 
     destination pursuant to the Ports and Waterways Safety Act 
     (33 U.S.C. 1221 et seq.) information concerning the intention 
     of the owner, master, or person in charge of the vessel with 
     respect to the disposal of onboard waste at the port or place 
     of destination.

     ``SEC. 2406. COORDINATION.

       ``(a) Establishment of Marine Debris Coordinating 
     Committee.--The Administrator of the Environmental Protection 
     Agency shall establish a Marine Debris Coordinating Committee 
     (referred to in this section as the `Committee').
       ``(b) Membership.--The Committee shall include a senior 
     official form--
       ``(1) the Environmental Protection Agency, who shall serve 
     as the Chairperson of the Committee;
       ``(2) the National Oceanic and Atmospheric Administration;
       ``(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 
     Administrator of the Environmental Protection Agency 
     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.

     ``SEC. 2407. MONITORING.

       ``The Administrator of the Environmental Protection Agency, 
     in cooperation with the Secretary of Commerce, acting through 
     the Administrator of the National Oceanic and Atmospheric 
     Administration, shall utilize the marine debris data derived 
     under title V of the Marine Protection, Research, and 
     Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.) to assist 
     the United States Coast Guard in assessing the effectiveness 
     of this Act.''.
       ``(2) Amendments to table of contents.--The table of 
     contents in section 2 of the United States-Japan Fishery 
     Agreement Approval Act of 1987 (101 Stat. 1458) is amended by 
     adding at the end of the items relating to title II of such 
     Act the following new items:

                 ``Subtitle D--Miscellaneous Provisions

``Sec. 2401. Applicability of whistle blower provisions.
``Sec. 2402. Reports to Congress.
``Sec. 2403. Waste management study.
``Sec. 2404. Sense of Congress regarding insurance.
``Sec. 2405. Notice of arrival.
``Sec. 2406. Coordination.
``Sec. 2407. Monitoring.''.

 Mr. KERRY. Mr. President, as the vice chairman of the Senate's 
National Ocean Policy Study, I am pleased to cosponsor legislation 
introduced today by the distinguished chairman of the Commerce 
Committee and chairman of the National Ocean Policy Study, Senator 
Hollings and Senator Stevens, the ranking minority member of the 
National Ocean Policy Study which authorizes funding for the Coast 
Guard for fiscal year 1995.
  The Coast Guard is a vital asset to my State of Massachusetts, all 
coastal States and, indeed, every State with navigable waters. It is 
important for the United States to focus on issues pertaining to our 
navigable rivers, our coastal bays and harbors, and, looking seaward, 
our 200-mile exclusive economic zone [EEZ] and beyond. We must be aware 
of the programs the Coast Guard administers which affect us locally and 
nationally. More than two-thirds of the total Coast Guard budget funds 
activities to protect the public safety and the marine environment, 
enforce laws and treaties, maintain aids to navigation, prevent illegal 
drug trafficking and alien migration, and preserve defense readiness. 
With over 50 percent of the U.S. population living within the coastal 
zone and directly benefiting from the services of the Coast Guard, and 
with the rest of the Nation affected even if only indirectly by the 
service's missions it is our responsibility to ensure the Coast Guard 
has the resources to achieve its existing mandates and recognize the 
expanding role the Coast Guard is being asked to play in our navigable 
waters and beyond. We need to adequately invest in the Coast Guard 
missions of marine safety, maritime law enforcement, aids to 
navigation, and environmental protection in order to prevent negative 
effects on vital coastal and ocean activities and on our economy.
  This year's reauthorization bill includes several key provisions of 
national importance including stronger pollution prevention and boating 
safety requirements and improved personnel and recruiting measures. To 
increase the quality of life of Coast Guard personnel, the bill allows 
the Commandant to make child development services available to its 
uniformed and civilian employees and provides relief for those in the 
Coast Guard who suffered losses at the hands of Hurricane Andrew. To 
rectify their underrepresentation or underutilization in the service, 
the bill authorizes the Coast Guard to use special recruiting programs 
for women and minorities. In addition, the bill also allows the 
Secretary of Transportation to convey the Thacher Island Lighthouse to 
the Town of Rockport, MA, to be used as a nonprofit center to preserve 
the Coast Guard and maritime history of Thacher Island.
  To increase boating safety for children, the bill requires that 
children under 7 years of age on a recreational vessel under 26 feet 
must wear a Coast Guard-approved personal flotation device when they 
are on an open deck of such a vessel. To further encourage safety, the 
bill allocates funding to States that adopt boating-while-intoxicated 
laws and requires an individual found guilty of negligent operation of 
a recreational vessel to complete an approved boating safety course. To 
increase the safety of commercial vessels, the bill establishes minimum 
navigational safety equipment for towing vessels. Also included in this 
bill are various provisions that strengthen the Coast Guard's programs 
to prevent pollution of the marine environment with debris from 
vessels, especially plastics.
  Mr. President, there are several provisions concerning enhancing the 
Coast Guard's law enforcement capabilities in which I have a strong 
interest but which are not included in the committee bill. These 
provisions would enhance the Coast Guard's ability to interdict vessels 
smuggling contraband by addressing gaps in current U.S. drug 
interdiction law. They would do so by increasing the authority of 
federal law enforcement officers over the movement of vessels and 
aircraft. The measures would provide for criminal penalties for 
intentional failure to obey the order of a Federal law enforcement 
officer to halt a vessel or land an aircraft. Sanctions also would be 
imposed against persons on board vessels who intentionally fail to 
comply with an order in connection with the boarding of a vessel, 
impede or obstruct a boarding, or provide certain false information 
during a boarding. In addition, since many drug-trafficking aircraft 
are of foreign registry, the aviation interdiction law provisions would 
serve as an initiative to facilitate the establishment of agreements 
between the United States and foreign governments authorizing the 
United States to exercise jurisdiction over aircraft of those 
countries. While there are some outstanding issues regarding which 
committees have jurisdiction over these provisions I hope to work with 
the appropriate committees; their chairmen and ranking members; and 
with the administration to resolve any concerns they may have 
concerning these provisions and to draft an amendment to address them 
when the bill goes to the floor.
  Mr. President, I hope my colleagues will look favorably on this 
legislation which I believe increases the Coast Guard's effectiveness 
and overall efficiency and, in turn, benefits the safety and economic 
well-being of the country. I compliment Chairman Hollings for his 
leadership in introducing it today and am proud to be a 
cosponsor.
  Mr. STEVENS. Mr. President, I am pleased to cosponsor this bill with 
Chairman Hollings to authorize funding for the Coast Guard in fiscal 
year 1995.
  The Coast Guard is celebrating its 204th birthday this year, and I 
can't emphasize how important its activities are in my State, which has 
half the coastline of the United States.
  To illustrate the Coast Guard's importance in Alaska, I will tell of 
some of the recent activities in Alaska:
  Coast Guard personnel from Sitka rescued three State Troopers from a 
plane crash on March 21;
  At the end of April, a Coast Guard helicopter helped save lives by 
medivacing two people from Klawock to a bigger hospital in Ketchikan;
  The Coast Guard in Kodiak rescued two fishermen from a life raft on 
May 17;
  Coast Guard cutters seized two Canadian fishing vessels caught 
fishing in United States waters near the Dixon entrance in July; and
  Just 2 weeks ago, the Coast Guard rescued 132 crew members from a 
burning fish processor in Alaska.
  These are just some of the ways the Coast Guard has helped to save 
lives in Alaska and to enforce laws in the exclusive economic zone in 
recent months.
  The bill we are introducing today authorizes the continuation of 
funding for important Coast Guard programs, and provides new authority 
for a number of initiatives.
  I will defer to Chairman Hollings' summary, but would like to point 
out that the bill allows for the transfer of property in Ketchikan, AK 
from the Coast Guard to the Ketchikan Indian Corporation for use as a 
Native health clinic.
  The Coast Guard no longer needs the Ketchikan property, and the 
Native health clinic in Ketchikan, which is currently located in an 
inadequate and aging building, really could use this property.
  A thanks to Senator Hollings for assisting me in including this 
provision.
  In addition to authorizing Coast Guard funding, the bill includes 
important new provisions to improve marine safety, recreational boating 
safety, towing vessel safety, and to help prevent pollution from ships.
  The bill would also increase documentation violations on fishing 
vessels which are being illegally operated by skippers who are not U.S. 
citizens.
  I hope that we can pass this bill in the Senate before the 
adjournment of Congress, and look forward to working with my colleagues 
to accomplish this goal.
  While on the subject of the Coast Guard authorization bill, I would 
also like to mention that we Alaskans are pleased with the new 
Commandant, Adm. Robert Kramek, who took over for Admiral Kime on June 
1, 1994.
  Admiral Kramek served as Chief of Naval Engineering for the 17th 
District in Juneau, receiving a masters degree from the University of 
Alaska, and later served as Commanding Officer aboard a high endurance 
cutter on enforcement missions in the North Pacific and Bering Sea.
  We look forward to working with Admiral Kramek, and are glad that he 
brings Alaska experience to his new job.
  Thank you.
                                 ______

      By Mr. LEAHY:
  S. 2375. A bill to amend title 18, United States Code, to make clear 
a telecommunications carrier's duty to cooperate in the interception of 
communications for law enforcement purposes, and for other purposes; to 
the Committee on Commerce, Science, and Transportation.


                   the digital telephone act of 1994

  Mr. LEAHY. Mr. President, there was a time when law enforcement, if 
they wanted to listen in to what criminals were saying, the local 
sheriff could drive down the road, climb on the top of his car, plug a 
couple alligator clips on to a telephone wire, put on the earphones and 
know what was being said.

  A lot has changed since that time. One of the things that changed, of 
course, is that we passed legislation laying out who could eavesdrop, 
when they could listen in and who could be eavesdropped on. We made it 
very clear: You had to apply to a court and get a warrant. We set good 
standards to protect your privacy, my privacy, the privacy of everybody 
in this country. So the standards are there, but the alligator clips 
have changed.
  Now, with digital transmissions, if you were to go down and listen in 
on a phone line, you probably would just hear a loud buzz. A drug 
dealer in Boston, MA, who wants to talk with a supplier in Dade County, 
FL, may pick up a cellular phone that may send out a digital signal, 
which is nothing more than ones and zeros. This conversation may go 
through a half-dozen different linkages. It may go any way but a 
straight line from Boston to Florida, and a lot of it could be over 
fiber optic cables. And even if you could find the right cable, even if 
you could find the one conversation out of several thousand 
conversations carried over the same cable that was the one the court 
order allowed you to tap, you might hear nothing but a buzz. That is 
not going to help much to catch that drug kingpin or to stop that 
kidnapping or to stop a planned assassination or stop any other serious 
felony.
  Because of this loss of ability to keep up with technology, Louis 
Freeh, the FBI Director, said, ``The number one law enforcement, public 
safety, and national security issue facing us today'' is preserving the 
ability to conduct wiretaps.
  So what I am doing is introducing a bill that will give our law 
enforcement agencies back the confidence that when they get a wiretap 
order, they will be able to do their jobs and carry out the order. This 
will allow wiretaps under court orders to be able to be used even with 
the new digital technology and other emerging telecommunications 
technologies. This bill will not impede new technologies but ensure 
they will not confound legitimate law enforcement needs.
  Now when this was first proposed--first in the last administration 
and early on in this administration--I opposed the idea, because it 
appeared to me that not only were there inadequate safeguards to 
protect the individual privacy of all of us, but I was very concerned 
that it was going to set up the Justice Department as some kind of a 
traffic cop on new technologies.
  One of the things that allows us to compete with the rest of the 
world, especially in our ability to export, is the genius of our 
technology and our ability to fashion new technology. I was concerned 
that we would no longer be able to do so and that the Justice 
Department could say, ``Hold it, we don't want you to put in speed 
dial, we don't want you to put in call forwarding or anything else 
because it doesn't fit what we want.''
  This worried me, because, unfortunately, the Federal Government has 
adamantly and steadfastly stayed 10 to 15 years behind most emerging 
technologies. We have seen it here in the Senate, where we have had to 
use antiquated computer systems. We have seen it at the Department of 
Defense, where they have communications systems that look like they are 
something out of World War II and not out of the Star Wars they talk 
about.
  Private industry has gone way ahead of the Federal Government in 
technology and computers and telecommunications, and I did not want it 
held back.
  So what we have done now is put together a bill--Congressman Edwards, 
in the House, and myself--that will help law enforcement. But it also 
contains important expansions of privacy protection for transactional 
information, mobile phone communications, certain radio-based 
communications, and will not impede technology.
  Regarding the issue of digital telephony, it should be noted we came 
an enormous way after countless meetings and literally hundreds of 
hours of work by people in the private sector, law enforcement, FBI 
Director Freeh, Members of the House and Senate and staff. But 
throughout all of this, the person who worked tirelessly and was 
involved in every single part of it was, and is, attorney Beryl Howell 
of the Judiciary Committee staff assigned to my Subcommittee on 
Technology and the Law.
  Beryl Howell is a former prosecutor from the U.S. attorneys office in 
New York. She is a tremendous litigator, brilliant lawyer, and I think 
it is safe to say that without her work and her dedication, we would 
not be introducing this bill today.
  Now that the crime conference is concluded, we expect to be 
considering the conference report shortly. The crime bill does not 
confront what Louis Freeh, the FBI Director, has identified as ``the 
number one law enforcement, public safety, and national security issue 
facing us today.''
  That issue is wiretaps, and law enforcement's losing battle to keep 
up with new technologies that undermine its capability to use this 
powerful tool in its crime-fighting arsenal.
  There is no doubt that wiretaps can produce powerful evidence against 
our most dangerous criminals. Instead of making deals with other 
criminals, or putting innocent bystanders at risk in order to have 
witnesses who can testify about a defendant's crimes, the police use 
wiretaps to catch and convict criminals with secretly taped words from 
their own mouths.
  But the FBI and other law enforcement agencies have told Congress 
that their ability to use this tool is being undercut by new 
communications features and services that were designed with no thought 
as to how they might affect law enforcement.
  Over the past few months, I have worked closely with Representative 
Don Edwards, chairman of the House Judiciary Subcommittee on Civil and 
Constitutional Rights, to write the bill I introduce today that 
addresses the No. 1 problem facing law enforcement today. Industry 
groups, privacy and civil liberties experts, and the FBI have worked 
diligently with us in this effort, and I applaud them for undertaking 
this difficult task. I look forward to hearing from these groups at a 
joint hearing with Don Edwards' Subcommittee this Thursday, with a view 
to making this bill even better.
  My goal in this legislation is to assist legitimate law enforcement 
needs without jeopardizing privacy rights or frustrating the 
development of new communications technologies or the competitiveness 
of America's high-technology industry. I believe this bill achieves 
that goal.
  This is not the first time that Congress has had to take a close look 
at the wiretap statute to take into account developments in 
communications technology and the structure of the telecommunications 
industry. We last did so in 1986 when we passed the Electronic 
Communications Privacy Act.
  This law extended the reach of the Federal wiretap law, and its 
privacy protections, to electronic mail and computer-to-computer 
communications.
  In February, FBI Director Freeh came to me and other Members of 
Congress to consult about a proposal to revise our wiretap law anew in 
the face of the increasing pace of advances in telecommunications 
technology and impediments to execution of court-ordered wiretaps. The 
Clinton administration followed up last March by sending Congress 
proposed legislation that made significant improvements to an earlier 
Bush administration draft proposal. We have built on those improvements 
to address the significant concerns that remained.
  First, to ensure law enforcement's continued ability to conduct 
court-authorized wiretaps in light of new and emerging digital 
technologies, the bill sets forth four wiretap capability requirements 
that telecommunications carriers would be required to meet. This means 
that when the phone companies set about designing and deploying new 
services or features, they must consider law enforcement's needs among 
the numerous other factors that go into such designs.
  Just as phone companies make sure that when they plug-in new 
services, the phone system is not shorted-out, so too we do not want to 
shortchange the American people's need for effective law enforcement.
  Second, on the privacy front, the bill expands privacy and security 
protections for our telephone and computer communications in ways that 
were first recommended to me by a privacy and technology task force I 
organized in 1991. The protections of the Electronic Communications 
Privacy Act are extended to cordless phones and certain data 
communications transmitted by radio.
  In addition, this bill increases the protection for transactional 
data on electronic communications services by requiring law enforcement 
to get a court order for access to those records.
  The bill further protects privacy by requiring telecommunications 
systems to protect communications not authorized to be intercepted and 
by restricting the ability of law enforcement to use pen register 
devices for tracking purposes or for obtaining transactional 
information. Finally, the bill improves the privacy of mobile phones by 
expanding criminal penalties for stealing the service from legitimate 
users.
  Third, to encourage innovation in telecommunications services, the 
bill states expressly that law enforcement agencies may not require the 
specific design of telecommunications systems or features, nor prohibit 
adoption of any such design, by any telecommunications provider.
  The bill sets up a mechanism for ensuring law enforcement's wiretap 
capability needs while at the same time deferring to industry to decide 
how best to meet law enforcement's wiretap needs. No Government 
official will be put in charge of the future of our telecommunications 
industry.
  This legislation leaves it to industry in the first instance.
  But I also do not want industry and law enforcement representatives 
to get together in some back room and figure out how to wiretap 
America. It is important that this process be subject to public 
scrutiny, oversight, and accountability. This bill accomplishes this by 
requiring any standards or technical requirements that industry adopts 
to ensure wiretap capability be publicly available.
  Furthermore, this bill avoids putting industry in the position of 
guaranteeing wiretap capability, with failure punished by stopping a 
service or feature that consumers want. If industry is ready to deploy 
a new phone feature or service, but cannot yet figure out how to give 
law enforcement access for lawful wiretaps, a court must take that into 
consideration and may not stop deployment of the service. On the other 
hand, if industry can fix the service to assist law enforcement, it 
must do so.
  This bill preserves a legitimate law enforcement tool without 
jeopardizing privacy rights or frustrating innovation and the 
development of new technologies or undercutting the competitiveness of 
America's high-technology industries.
  Mr. President, I ask unanimous consent that the legislation and a 
section-by-section analysis be inserted in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2375

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by inserting after chapter 119 the following new 
     chapter:

 ``CHAPTER 120--TELECOMMUNICATIONS CARRIER ASSISTANCE TO THE GOVERNMENT

``Sec.
``2601. Definitions.
``2602. Assistance capability requirements.
``2603. Notices of capacity requirements.
``2604. Systems security and integrity.
``2605. Cooperation of equipment manufacturers and providers of 
              telecommunications support services.
``2606. Technical requirements and standards; extension of compliance 
              date.
``2607. Enforcement orders.
``2608. Reimbursement of telecommunications carriers.

     ``Sec. 2601. Definitions

       ``(a) Definitions.--In this chapter--
       ``the terms defined in section 2510 have, respectively, the 
     meanings stated in that section.
       ```call-identifying information'--
       ``(A) means all dialing or signalling information 
     associated with the origin, direction, destination, or 
     termination of each communication generated or received by 
     the subscriber equipment, facility, or service of a 
     telecommunications carrier that is the subject of a court 
     order or lawful authorization; but
       ``(B) does not include any information that may disclose 
     the physical location of the subscriber (except to the extent 
     that the location may be determined from the telephone 
     number).
       ```Commission' means the Federal Communications Commission.
       ```government' means the government of the United States 
     and any agency or instrumentality thereof, the District of 
     Columbia, any commonwealth, territory, or possession of the 
     United States, and any State or political subdivision thereof 
     authorized by law to conduct electronic surveillance.
       ```information services'--
       ``(A) means the offering of a capability for generating, 
     acquiring, storing, transforming, processing, retrieving, 
     utilizing, or making available information via 
     telecommunications; and
       ``(B) includes electronic publishing and messaging 
     services; but
       ``(C) does not include any use of any such capability for 
     the management, control, or operation of a telecommunications 
     system or the management of a telecommunications service.
       ```provider of telecommunications support services' means a 
     person or entity that provides a product, software, or 
     service to a telecommunications carrier that is integral to 
     such carrier's switching or transmission of wire or 
     electronic communications.
       ```telecommunications carrier'--
       ``(A) means a person or entity engaged in the transmission 
     or switching of wire or electronic communications as a common 
     carrier for hire (within the meaning of section 3(h) of the 
     Communications Act of 1934 (47 U.S.C. 153(h))); and
       ``(B) includes--
       ``(i) a person or entity engaged in providing commercial 
     mobile service (as defined in section 332(d) of the 
     Communications Act of 1934 (47 U.S.C. 332(d))); and
       ``(ii) a person or entity engaged in providing wire or 
     electronic communication switching or transmission service to 
     the extent that the Commission finds that such service is a 
     replacement for a substantial portion of the local telephone 
     exchange service and that it is in the public interest to 
     deem such a person or entity to be a telecommunications 
     carrier for purposes of this chapter; but
       ``(C) does not include persons or entities insofar as they 
     are engaged in providing information services.

     ``Sec. 2602. Assistance capability requirements

       ``(a) Capability Requirements.--Except as provided in 
     subsections (b), (c), and (d) of this section, and subject to 
     section 2607(c), a telecommunications carrier shall ensure 
     that its services or facilities that provide a customer or 
     subscriber with the ability to originate, terminate, or 
     direct communications are capable of--
       ``(1) expeditiously isolating and enabling the government 
     to intercept, to the exclusion of any other communications, 
     all wire and electronic communications carried by the carrier 
     within a service area to or from equipment, facilities, or 
     services of a subscriber of such carrier concurrently with 
     their transmission to or from the subscriber's service, 
     facility, or equipment or at such later time as may be 
     acceptable to the government;
       ``(2) expeditiously isolating and enabling the government 
     to access call-identifying information that is reasonably 
     available to the carrier--
       ``(A) before, during, or immediately after the transmission 
     of a wire or electronic communication (or at such later time 
     as may be acceptable to the government); and
       ``(B) in a manner that allows it to be associated with the 
     communication to which it pertains,

     except that, with regard to information acquired solely 
     pursuant to the authority for pen registers and trap and 
     trace devices (as defined in section 3127), such call-
     identifying information shall not include any information 
     that may disclose the physical location of the subscriber 
     (except to the extent that the location may be determined 
     from the telephone number);
       ``(3) delivering intercepted communications and call-
     identifying information to the government in a format such 
     that they may be transmitted by means of facilities or 
     services procured by the government to a location other than 
     the premises of the carrier; and
       ``(4) facilitating authorized communications interceptions 
     and access to call-identifying information unobtrusively and 
     with a minimum of interference with any subscriber's 
     telecommunications service and in a manner that protects--
       ``(A) the privacy and security of communications and call-
     identifying information not authorized to be intercepted; and
       ``(B) information regarding the government's interception 
     of communications and access to call-identifying information.
       ``(b) Limitations.--
       ``(1) Design of features and systems configurations.--This 
     chapter does not authorize any law enforcement agency or 
     officer--
       ``(A) to require any specific design of features or system 
     configurations to be adopted by providers of wire or 
     electronic communication service, manufacturers of 
     telecommunications equipment, or providers of 
     telecommunications support services; or
       ``(B) to prohibit the adoption of any feature or service by 
     providers of wire or electronic communication service, 
     manufacturers of telecommunications equipment, or providers 
     of telecommunications support services.
       ``(2) Information services and interconnection services and 
     facilities.--The requirements of subsection (a) do not apply 
     to--
       ``(A) information services; or
       ``(B) services or facilities that support the transport or 
     switching of communications for the sole purpose of 
     interconnecting telecommunications carriers or private 
     networks.
       ``(3) Encryption.--A telecommunications carrier shall not 
     be responsible for decrypting, or ensuring the government's 
     ability to decrypt, any communication encrypted by a 
     subscriber or customer, unless the encryption was provided by 
     the carrier and the carrier possesses the information 
     necessary to decrypt the communication.
       ``(c) Emergency or Exigent Circumstances.--In emergency or 
     exigent circumstances (including those described in sections 
     2518 (7) or (11)(b) and 3125 of this title and section 
     1805(e) of title 50), a carrier may fulfill its 
     responsibilities under subsection (a)(3) by allowing 
     monitoring at its premises if that is the only means of 
     accomplishing the interception or access.
       ``(d) Mobile Service Assistance Requirements.--A 
     telecommunications carrier offering a feature or service that 
     allows subscribers to redirect, hand off, or assign their 
     wire or electronic communications to another service area or 
     another service provider or to utilize facilities in another 
     service area or of another service provider shall ensure 
     that, when the carrier that had been providing assistance for 
     the interception of wire or electronic communications or 
     access to call-identifying information pursuant to a court 
     order or lawful authorization no longer has access to the 
     content of such communications or call-identifying 
     information within the service area in which interception has 
     been occurring as a result of the subscriber's use of such a 
     feature or service, information is available to the 
     government (before, during, or immediately after the transfer 
     of such communications) identifying the provider of wire or 
     electronic communication service that has acquired access to 
     the communications.

     ``Sec. 2603. Notices of capacity requirements

       ``(a) Notices of Maximum and Initial Capacity 
     Requirements.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this chapter, and after consulting with State 
     and local law enforcement agencies, telecommunications 
     carriers, providers of telecommunications support services, 
     and manufacturers of telecommunications equipment, the 
     Attorney General shall publish in the Federal Register and 
     provide to appropriate telecommunications carrier 
     associations, standard-setting organizations, and for a--
       ``(A) notice of the maximum capacity required to 
     accommodate all of the communication interceptions, pen 
     registers, and trap and trace devices that the Attorney 
     General estimates that government agencies authorized to 
     conduct electronic surveillance may conduct and use 
     simultaneously; and
       ``(B) notice of the number of communication interceptions, 
     pen registers, and trap and trace devices, representing a 
     portion of the maximum capacity set forth under subparagraph 
     (A), that the Attorney General estimates that government 
     agencies authorized to conduct electronic surveillance may 
     conduct and use simultaneously after the date that is 4 years 
     after the date of enactment of this chapter.
       ``(2) Basis of notices.--The notices issued under paragraph 
     (1) may be based upon the type of equipment, type of service, 
     number of subscribers, geographic location, or other measure.
       ``(b) Compliance With Capacity Notices.--
       ``(1) Initial capacity.--Within 3 years after the 
     publication by the Attorney General of a notice of capacity 
     requirements or within 4 years after the date of enactment of 
     this chapter, whichever is longer, a telecommunications 
     carrier shall ensure that its systems are capable of--
       ``(A) expanding to the maximum capacity set forth in the 
     notice under paragraph (1)(A); and
       ``(B) accommodating simultaneously the number of 
     interceptions, pen registers, and trap and trace devices set 
     forth in the notice under paragraph (1)(B).
       ``(2) Permanent capacity.--After the date described in 
     paragraph (1), a telecommunications carrier shall ensure that 
     it can accommodate expeditiously any increase in the number 
     of communication interceptions, pen registers, and trap and 
     trace devices that authorized agencies may seek to conduct 
     and use, up to the maximum capacity requirement set forth in 
     the notice under paragraph (1)(A).
       ``(c) Notices of Increased Maximum Capacity Requirements.--
       ``(1) The Attorney General shall periodically provide to 
     telecommunications carriers written notice of any necessary 
     increases in the maximum capacity requirement set forth in 
     the notice under subsection (b)(1).
       ``(2) Within 3 years after receiving written notice of 
     increased capacity requirements under paragraph (1), or 
     within such longer time period as the Attorney General may 
     specify, a telecommunications carrier shall ensure that its 
     systems are capable of expanding to the increased maximum 
     capacity set forth in the notice.

     ``Sec. 2604. Systems security and integrity

       ``A telecommunications carrier shall ensure that any court 
     ordered or lawfully authorized interception of communications 
     or access to call-identifying information effected within its 
     switching premises can be activated only with the affirmative 
     intervention of an individual officer or employee of the 
     carrier.

     ``Sec. 2605. Cooperation of equipment manufacturers and 
       providers of telecommunications support services

       ``(a) Consultation.--A telecommunications carrier shall 
     consult, as necessary, in a timely fashion with manufacturers 
     of its telecommunications transmission and switching 
     equipment and its providers of telecommunications support 
     services for the purpose of identifying any service or 
     equipment, including hardware and software, that may require 
     modification so as to permit compliance with this chapter.
       ``(b) Modification of Equipment and Services.--Subject to 
     section 2607(c), a manufacturer of telecommunications 
     transmission or switching equipment and a provider of 
     telecommunications support services shall, on a reasonably 
     timely basis and at a reasonable charge, make available to 
     the telecommunications carriers using its equipment or 
     services such modifications as are necessary to permit such 
     carriers to comply with this chapter.

     ``Sec. 2606. Technical requirements and standards; extension 
       of compliance date

       ``(a) Safe Harbor.--
       ``(1) Consultation.--To ensure the efficient and industry-
     wide implementation of the assistance capability requirements 
     under section 2602, the Attorney General, in coordination 
     with other Federal, State, and local law enforcement 
     agencies, shall consult with appropriate associations and 
     standard-setting organizations of the telecommunications 
     industry.
       ``(2) Compliance under accepted standards.--A 
     telecommunications carrier shall be found to be in compliance 
     with the assistance capability requirements under section 
     2602, and a manufacturer of telecommunications transmission 
     or switching equipment or a provider of telecommunications 
     support services shall be found to be in compliance with 
     section 2605, if the carrier, manufacturer, or support 
     service provider is in compliance with publicly available 
     technical requirements or standards are adopted by an 
     industry association or standard-setting organization or by 
     the Commission under subsection (b) to meet the requirements 
     of section 2602.
       ``(3) Absence of standards.--The absence of technical 
     requirements or standards for implementing the assistance 
     capability requirements of section 2602 shall not--
       ``(A) preclude a carrier, manufacturer, or services 
     provider from deploying a technology or service; or
       ``(B) relieve a carrier, manufacturer, or service provider 
     of the obligations imposed by section 2602 or 2605, as 
     applicable.
       ``(b) FCC Authority.--
       ``(1) In general.--If industry associations or standard-
     setting organizations fail to issue technical requirements or 
     standards or if a government agency or any other person 
     believes that such requirements or standards are deficient, 
     the agency or person may petition the Commission to 
     establish, by notice and comment rulemaking or such other 
     proceedings as the Commission may be authorized to conduct, 
     technical requirements or standards that--
       ``(A) meet the assistance capability requirements of 
     section 2602;
       ``(B) protect the privacy and security of communications 
     not authorized to be intercepted; and
       ``(C) serve the policy of the United States to encourage 
     the provision of new technologies and services to the public.
       ``(2) Transition period.--If an industry technical 
     requirement or standard is set aside or supplanted as a 
     result of Commission action under this section, the 
     Commission, after consultation with the Attorney General, 
     shall establish a reasonable time and conditions for 
     compliance with and the transition to any new standard, 
     including defining the obligations of telecommunications 
     carriers under section 2602 during any transition period.
       ``(c) Extension of Compliance Date for Features and 
     Services.--
       ``(1) Petition.--A telecommunications carrier proposing to 
     deploy, or having deployed, a feature or service within 4 
     years after the date of enactment of this chapter may 
     petition the Commission for 1 or more extensions of the 
     deadline for complying with the assistance capability 
     requirements under section 2602.
       ``(2) Ground for extension.--The Commission may, after 
     affording a full opportunity for hearing and after 
     consultation with the Attorney General, grant an extension 
     under this paragraph, if the Commission determines that 
     compliance with the assistance capability requirements under 
     section 2602 is not reasonably achievable through application 
     of technology available within the compliance period.
       ``(3) Length of extension.--An extension under this 
     paragraph shall extend for no longer than the earlier of--
       ``(A) the date determined by the Commission as necessary 
     for the carrier to comply with the assistance capability 
     requirements under section 2602; or
       ``(B) the date that is 2 years after the date on which the 
     extension is granted.
       ``(4) Applicability of extension.--An extension under this 
     subsection shall apply to only that part of the carrier's 
     business on which the new feature or service is used.

     ``Sec. 2607. Enforcement orders

       ``(a) Enforcement by Court Issuing Surveillance Order.--If 
     a court authorizing an interception under chapter 119, a 
     State statute, or the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1801 et seq.) or authorizing use of a pen 
     register or a trap and trace device under chapter 206 or a 
     State statute finds that a telecommunications carrier has 
     failed to comply with the requirements in this chapter, the 
     court may direct that the carrier comply forthwith and may 
     direct that a provider of support services to the carrier or 
     the manufacturer of the carrier's transmission or switching 
     equipment furnish forthwith modifications necessary for the 
     carrier to comply.
       ``(b) Enforcement Upon Application by Attorney General.--
     The Attorney General may apply to the appropriate United 
     States district court for, and the United States district 
     courts shall have jurisdiction to issue, an order directing 
     that a telecommunications carrier, a manufacturer of 
     telecommunications transmission or switching equipment, or a 
     provider of telecommunications support services comply with 
     this chapter.
       ``(c) Grounds for Issuance.--A court shall issue an order 
     under subsections (a) or (b) only if the court finds that--
       ``(1) alternative technologies or capabilities or the 
     facilities of another carrier are not reasonably available to 
     law enforcement for implementing the interception of 
     communications or access to call-identifying information; and
       ``(2) compliance with the requirements of this chapter is 
     reasonably achievable through the application of available 
     technology to the feature or service at issue or would have 
     been reasonably achievable if timely action had been taken.
       ``(d) Time for Compliance.--Upon issuance of an enforcement 
     order under this section, the court shall specify a 
     reasonable time and conditions for complying with its order, 
     considering the good faith efforts to comply in a timely 
     manner, any effect on the carrier's, manufacturer's, or 
     service provider's ability to continue to do business, the 
     degree of culpability or delay in undertaking efforts to 
     comply, and such other matters as justice may require.
       ``(e) Limitation.--An order under this section may not 
     require a telecommunications carrier to meet the government's 
     demand for interception of communications and acquisition of 
     call-identifying information to any extent in excess of the 
     capacity for which notice has been provided under section 
     2603.
       ``(f) Civil Penalty.--
       ``(1) In general.--A court issuing an order under this 
     section against a telecommunications carrier, a manufacturer 
     of telecommunications transmission or switching equipment, or 
     a provider of telecommunications support services may impose 
     a civil penalty of up to $10,000 per day for each day in 
     violation after the issuance of the order or after such 
     future date as the court may specify.
       ``(2) Considerations.--In determining whether to impose a 
     fine and in determining its amount, the court shall take into 
     account--
       ``(A) the nature, circumstances, and extent of the 
     violation;
       ``(B) the violator's ability to pay, the violator's good 
     faith efforts to comply in a timely manner, any effect on the 
     violator's ability to continue to do business, the degree of 
     culpability, and the length of any delay in undertaking 
     efforts to comply; and
       ``(C) such other matters as justice may require.
       ``(3) Civil action.--The Attorney General may file a civil 
     action in the appropriate United States district court to 
     collect, and the United States district courts shall have 
     jurisdiction to impose, such fines.

     ``Sec. 2608. Reimbursement of telecommunications carriers

       ``(a) In General.--The Attorney General shall, subject to 
     the availability of appropriations, reimburse 
     telecommunications carriers for all reasonable costs directly 
     associated with--
       ``(1) the modifications performed by carriers prior to the 
     effective date of section 2602 or prior to the expiration of 
     any extension granted under section 2606(c) to establish the 
     capabilities necessary to comply with section 2602;
       ``(2) meeting the maximum capacity requirements set forth 
     in the notice under section 2603(a)(1)(A); and
       ``(3) expanding existing facilities to accommodate 
     simultaneously the number of interceptions, pen registers and 
     trap and trace devices for which notice has been provided 
     under section 2603(a)(1)(B).
       ``(b) Procedures and Regulations.--Notwithstanding any 
     other law, the Attorney General may establish any procedures 
     and regulations deemed necessary to effectuate timely and 
     cost-efficient reimbursement to telecommunications carriers 
     for reimbursable costs incurred under this chapter, under 
     chapters 119 and 121, and under the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
       ``(c) Dispute Resolution.--If there is a dispute between 
     the Attorney General and a telecommunications carrier 
     regarding the amount of reasonable costs to be reimbursed 
     under subsection (b), the dispute shall be resolved and the 
     amount determined in a proceeding initiated at the Commission 
     under section 2606(b) or by the court from which an 
     enforcement order is sought under section 2607.
       ``(d) Lack of Appropriated Funds.--The lack of appropriated 
     funds sufficient to reimburse telecommunications carriers for 
     modifications under subsection (a) shall be considered by the 
     Commission or a court in determining whether compliance is 
     reasonable under section 2607(c).''.
       (b) Technical Amendment.--The part analysis for part I of 
     title 18, United States Code, is amended by inserting after 
     the item relating to chapter 119 the following new item:

``120. Telecommunications carrier assistance to the Governme2601''.....

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out 
     section 2608 of title 18, United States Code, as added by 
     section 1--
       (1) a total of $500,000,000 for fiscal years 1995, 1996, 
     1997, and 1998; and
       (2) such sums as are necessary for each fiscal year 
     thereafter.

     SEC. 3. EFFECTIVE DATE.

       (a) In General.--Except as provided in paragraph (2), 
     chapter 120 of title 18, United States Code, as added by 
     section 1, shall take effect on the date of enactment of this 
     Act.
       (b) Assistance Capability and Systems Security and 
     Integrity Requirements.--Sections 2602 and 2604 of title 18, 
     United States Code, as added by section 1, shall take effect 
     on the date that is 4 years after the date of enactment of 
     this Act.

     SEC. 4. REPORTS.

       (a)  Reports by the Attorney General.--
       (1) In general.--On or before November 30, 1995, and on or 
     before November 30 of each year for 5 years thereafter, the 
     Attorney General shall submit to the Congress a report on the 
     amounts paid during the preceding fiscal year in 
     reimbursement to telecommunications carriers under section 
     2608 of title 18, United States Code, as added by section 1.
       (2) Contents.--A report under paragraph (1) shall include--
       (A) a detailed accounting of the amounts paid to each 
     carrier and the technology, feature or service for which the 
     amounts were paid; and
       (B) projections of the amounts expected to be paid in the 
     current fiscal year, the carriers to which reimbursement is 
     expected to be paid, and the technologies, services, or 
     features for which reimbursement is expected to be paid.
       (b) Reports by the Comptroller General.--
       (1) In general.--On or before April 1, 1996, and April 1, 
     1998, the Comptroller General of the United States, after 
     consultation with the Attorney General and the 
     telecommunications industry, shall submit to the Congress a 
     report reflecting its audit of the sums paid by the Attorney 
     General to carriers in reimbursement.
       (2) Contents.--A report under paragraph (1) shall include 
     the findings and conclusions of the Comptroller General on 
     the costs to be incurred after the compliance date, including 
     projections of the amounts expected to be incurred and the 
     technologies, services, or features for which expenses are 
     expected to be incurred.

     SEC. 5. CORDLESS TELEPHONES.

       (a) Definitions.--Section 2510 of title 18, United States 
     Code, is amended--
       (1) in paragraph (1) by striking ``but such term does not 
     include'' and all that follows through ``base unit''; and
       (2) in paragraph (12) by striking subparagraph (A) and 
     redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (A), (B), and (C), respectively.
       (b) Penalty.--Section 2511 of title 18, United States Code, 
     is amended--
       (1) in subsection (4)(b)(i) by inserting ``a cordless 
     telephone communication that is transmitted between the 
     cordless telephone handset and the base unit,'' after 
     ``cellular telephone communication,''; and
       (2) in subsection (4)(b)(ii) by inserting ``a cordless 
     telephone communication that is transmitted between the 
     cordless telephone handset and the base unit,'' after 
     ``cellular telephone communication,''.

     SEC. 6. RADIO-BASED DATA COMMUNICATIONS.

       Section 2510(16) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of subparagraph (D);
       (2) by inserting ``or'' at the end of subparagraph (E); and
       (3) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) an electronic communication;''

     SEC. 7. PENALTIES FOR MONITORING RADIO COMMUNICATIONS THAT 
                   ARE TRANSMITTED USING MODULATION TECHNIQUES 
                   WITH NONPUBLIC PARAMETERS.

       Section 2511(4)(b) of title 18, United States Code, is 
     amended by striking ``or encrypted, then'' and inserting ``, 
     encrypted, or transmitted using modulation techniques the 
     essential parameters of which have been withheld from the 
     public with the intention of preserving the privacy of such 
     communication''.

     SEC. 8. TECHNICAL CORRECTION.

       Section 2511(2)(a)(i) of title 18, United States Code, is 
     amended by striking ``used in the transmission of a wire 
     communication'' and inserting ``used in the transmission of a 
     wire or electronic communication''.

     SEC. 9. FRAUDULENT ALTERATION OF COMMERCIAL MOBILE RADIO 
                   INSTRUMENTS.

       (a) Offense.--Section 1029(a) of title 18, United States 
     Code, is amended--
       (1) by striking ``or'' at the end of paragraph (3); and
       (2) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) knowingly and with intent to defraud uses, produces, 
     traffics in, has control or custody of, or possesses a 
     telecommunications instrument that has been modified or 
     altered to obtain unauthorized use of telecommunications 
     services; or
       ``(6) knowingly and with intent to defraud uses, produces, 
     traffics in, has control or custody of, or possesses--
       ``(A) a scanning receiver; or
       ``(B) hardware or software used for altering or modifying 
     telecommunications instruments to obtain unauthorized access 
     to telecommunications services,''.
       (b) Penalty.--Section 1029(c)(2) of title 18, United States 
     Code, is amended by striking ``(a)(1) or (a)(4)'' and 
     inserting ``(a) (1), (4), (5), or (6)''.
       (c) Definitions.--Section 1029(e) of title 18, United 
     States Code, is amended--
       (1) in paragraph (1) by inserting ``electronic serial 
     number, mobile identification number, personal identification 
     number, or other telecommunications service, equipment, or 
     instrument identifier,'' after ``account number,'';
       (2) by striking ``and'' at the end of paragraph (5);
       (3) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (4) by adding at the end the following new paragraph:
       ``(7) the term `scanning receiver' means a device or 
     apparatus that can be used to intercept a wire or electronic 
     communication in violation of chapter 119.''.

     SEC. 10. TRANSACTIONAL DATA.

       (a) Disclosure of Records.--Section 2703 of title 18, 
     United States Code, is amended--
       (1) in subsection (c)--
       (A) in subparagraph (B)--
       (i) by striking clause (i); and
       (ii) by redesignating clauses (ii), (iii), (iv) as clauses 
     (i), (ii), and (iii), respectively; and
       (B) by adding at the end the following new subparagraph:
       ``(C) A provider of electronic communication service or 
     remote computing service shall disclose to a governmental 
     entity the name, billing address, and length of service of a 
     subscriber to or customer of such service and the types of 
     services the subscriber or customer utilized, when the 
     governmental entity uses an administrative subpoena 
     authorized by a Federal or State statute or a Federal or 
     State grand jury or trial subpoena or any means available 
     under subparagraph (B).''; and
       (2) by amending the first sentence of subsection (d) to 
     read as follows: ``A court order for disclosure under 
     subsection (b) or (c) may be issued by any court that is a 
     court of competent jurisdiction described in section 
     3126(2)(A) and shall issue only if the governmental entity 
     offers specific and articulable facts showing that there are 
     reasonable grounds to believe that the contents of a wire or 
     electronic communication, or the records or other information 
     sought, are relevant and material to an ongoing criminal 
     investigation.''.
       (b) Pen Registers and Trap and Trace Devices.--Section 3121 
     of title 18, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Limitation.--A government agency authorized to 
     install and use a pen register under this chapter or under 
     State law, shall use technology reasonably available to it 
     that restricts the recording or decoding of electronic or 
     other impulses to the dialing and signalling information 
     utilized in call processing.''.
                                  ____


                           Sectional Summary

       The bill consists of the following ten sections:
       Sections 1 through 4 deal with law enforcement's wiretap 
     capability and capacity needs.
       Sections 5 through 7 expands the privacy protection of the 
     Electronic Communications Privacy Act to cover cordless 
     phones and certain radio-based communications, and Section 8 
     makes a technical correction to that law.
       Section 9 improves the privacy and security of 
     communications over cellular telephones by prohibiting the 
     fraudulent alteration of such telephones for the purpose of 
     stealing service.
       Section 10 protects the privacy of electronic 
     communications by requiring a court order for the disclosure 
     of transactional data and by limiting the use of pen 
     registers that intercept information other than dialing or 
     signalling information.
       Section 1. Interception of digital and other 
     communications. This section adds a new chapter 120 to title 
     18, United States Code, to define more precisely the 
     assistance that telecommunications carriers are required to 
     provide in connection with court orders for wire and 
     electronic interceptions, pen registers and trap and trace 
     devices. This new chapter contains eight sections numbered 
     2601 through 2608.
       Section 2601 provides definitions for ``call-identifying 
     information,'' ``information services,'' ``government,'' 
     ``providers of telecommunication support services,'' 
     ``telecommunications carrier.''
       A ``Telecommunications carrier'' is defined as any person 
     or entity engaged in the transmission or switching of wire or 
     electronic communications as a common carrier for hire, as 
     defined by section 3(h) of the Communications Act of 1934, 
     and includes a commercial mobile service, as defined in 
     section 332(d) of the Communications Act. This definition 
     encompasses such service providers as local exchange 
     carriers, interexchange carriers, competitive access 
     providers (CAPS), cellular carriers, providers of personal 
     communications services (PCS), satellite-based service 
     providers, and any other common carrier who offers wireline 
     or wireless service for hire to the public. It does not 
     include persons or entities to the extent engaged in 
     providing information services, such as electronic mail 
     providers, on-line services providers, such as Compuserve, 
     Prodigy, America On line or Mead Data, or commercial Internet 
     providers. It also does not include ``enhanced services'' as 
     defined by the FCC at the time of this Act. Such ``enhanced 
     services'' do not include call forwarding, speed dialing, or 
     the call forwarding portion of a voice mail service.
       In addition, for purposes of this Act, the FCC is 
     authorized to deem other persons and entities to be 
     telecommunications carriers subject to the assistance 
     requirements in section 2602 to the extent that such person 
     or entity serves as a replacement for the local telephone 
     service to a substantial portion of the public within a 
     state. Such an entity would satisfy the criteria for a 
     ``local exchange carrier'' under section 101(b)(jj) H.R. 
     3626, passed by the U.S. House of Representatives on June 28, 
     1994. As part of its determination whether the public 
     interest is served by deeming a person or entity a 
     telecommunications carrier for the purposes of this Act, the 
     Commission shall consider whether such determination would 
     promote competition, encourage the development of new 
     technologies, and protect public safety and national 
     security.
       The term ``call-identifying information'' means the dialing 
     or signalling information generated which identifies the 
     origin and destination or a wire or electronic communication 
     placed to, or received by, the facility or service that is 
     the subject of the court order or lawful authorization. For 
     voice communications, this information is typically the 
     electronic pulses, audio tones, or signalling messages that 
     identify the numbers dialed or otherwise transmitted. In pen 
     register investigations, these pulses, tones, or messages 
     identify the numbers dialed from the facility that is the 
     subject of the court order authorization. In trap and trace 
     investigations, these are the incoming pulses, tones, or 
     messages which identify the originating number of the 
     facility from which the call was placed and which are 
     captured when directed to the facility that is the subject of 
     the court order or authorization.
       The term ``government'' means the government of the United 
     States and any agency or instrumentality thereof, the 
     District of Columbia, any commonwealth, territory, or 
     possession of the United States, and any state or political 
     subdivision thereof authorized by law to conduct electronic 
     surveillance.
       The term ``provider of telecommunications support 
     services'' means any person or entity that provides products, 
     software or services to a common carrier that are integral to 
     the switching of transmissions for wire or electronic 
     communications. There are currently over one hundred such 
     support service providers that provide common carriers with 
     specialized support services.
       Section 2602, entitled ``Assistance capability 
     requirements,'' consists of four subsections. Subsection (a) 
     sets forth four ``Capability Requirements,'' which every 
     telecommunications carrier is required to meet in connection 
     with those services or facilities that allow customers to 
     originate, terminate or direct communications. The first 
     requirement is expeditiously to isolate and enable the 
     government to intercept all messages in the carrier's 
     control to or from the equipment, facilities or services 
     of a subscriber, concurrently with the messages' 
     transmission, or at any later time acceptable to the 
     government.
       The second requirement is expeditiously to isolate and 
     enable to government to access reasonably available call 
     identifying information about the origin and destination of 
     communications. Access must be provided in such a manner that 
     the information may be associated with the communication to 
     which it pertains and is provided to the government before, 
     during or immediately after the message's transmission to or 
     from the subscriber, or at any later time acceptable to the 
     government. Call identifying information obtained by pen 
     register and trap and trace devices may not include 
     information disclosing the physical location of the 
     subscriber sending or receiving the message, except to the 
     extent that location is indicated by the phone number.
       The third requirement is to make intercepted messages and 
     call identifying information available to government so they 
     may be transmitted over lines or facilities leased or 
     procured by law enforcement to a location away from the 
     carrier's premises.
       The final requirement is to meet these requirements with a 
     minimum of interference with the subscriber's service and in 
     such a way that protects the privacy or messages and call 
     identifying information that are not targeted by electronic 
     surveillance orders, and that maintains the confidentiality 
     of the government's wiretaps.
       Subsection (b) limits the scope of the assistance 
     requirements in several important ways. First, law 
     enforcement agencies are not permitted to require the 
     specific design of systems or features, nor prohibit adoption 
     of any such design, by wire or electronic communication 
     service providers or equipment manufacturers. The legislation 
     leaves it to industry to decide how to comply. A carrier need 
     not insure that each individual component of its network or 
     system complies with the requirements so long as each 
     communications session can be intercepted at some point.
       Second, the capability requirements only apply to those 
     services or facilities that enable a subscriber to make, 
     receive or direct calls. They do not apply to information 
     services, such an electronic mail providers, on-line services 
     providers, such as Compuserve, Prodigy, America On line or 
     Mead Data, or commercial Internet providers. Nor do they 
     apply to services merely supporting the transport or 
     switching of communications for the sole purposes of 
     interconnecting carriers or private networks. Thus, a carrier 
     providing a customer with a service or facility that allows 
     the customer to obtain access to a publicly switched network 
     is responsible for complying with the capability 
     requirements. On the other hand, for communications handled 
     by multiple carriers, a carrier that does not originate or 
     terminate the message, but merely interconnects two other 
     carriers, are not subject to the requirements for the 
     interconnection part of its facilities.
       Finally, telecommunications carriers have no responsibility 
     to decrypt encrypted communications that are the subject of 
     court-ordered wiretaps, unless the carrier provided the 
     encryption and can decrypt it. This obligation is consistent 
     with the obligation to furnish all necessary assistance under 
     18 U.S.C. Section 2518(4). Nothing in this paragraph would 
     prohibit a carrier from deploying an encryption service for 
     which it does not retain the ability to decrypt 
     communications for law enforcement access.
       Subsection (c) allows a carrier, in emergency or exigent 
     circumstances, to fulfill its obligation to deliver 
     communications to law enforcement under the third capability 
     requirement by allowing monitoring on the carrier's premises.
       Subsection (d), entitled ``Mobile Service Assistance 
     Requirement,'' addresses the responsibility of the carrier 
     who can no longer deliver a message or call identifying 
     information to law enforcement because the subscriber, the 
     message and the call identifying information have left the 
     carrier's service area. In such a case, the carrier that had 
     the assistance responsibility is not required to continue 
     providing the government with the message content of call 
     identifying information, but must notify the government which 
     carrier or service provider has subsequently picked up the 
     message or call identifying information and begun serving the 
     subscriber, subject to limitations on disclosing location 
     information as described in section 2602(a).
       Section 2603, entitled ``Notice of capacity requirements,'' 
     places the burden on the government to estimate its capacity 
     needs and to do so in a cost-conscious manner, while also 
     providing carriers with a ``safe harbor'' for capacity. 
     Subsection (a) requires the Attorney General, within one year 
     of enactment, to publish in the Federal Register and provide 
     to appropriate industry associations and standards bodies 
     notices of both the maximum capacity and the initial capacity 
     required to accommodate all intercepts, pen registers, and 
     trap and trace devices the government (including federal, 
     state and local law enforcement) expects to operate 
     simultaneously.
       The maximum capacity relates to the greatest number of 
     intercepts a particular switch or system must be capable 
     of implementing simultaneously. The initial capacity 
     relates to the number of intercepts the government will 
     need to operate upon the date that is four years after 
     enactment.
       The Attorney General is directed to develop the notice 
     after consultation with local and state law enforcement 
     authorities and the carriers, equipment manufacturers and 
     providers of support services. The Attorney General is given 
     flexibility in determining the form of the notice. For 
     example, the notice may be in the form of a specific number 
     for a particular geographic area, or a generally applicable 
     formula based on the number of subscribers served by a 
     carrier.
       Subsection (b) provides that telecommunications carriers 
     must ensure that, within three years after publication of the 
     notice, or within four years after enactment, whichever is 
     longer, they have the maximum capacity and the initial 
     capacity to execute all electronic surveillance orders. If 
     the Attorney General publishes the first capacity notices 
     before the statutory time of one year has elapsed, compliance 
     by carriers must be achieved at the same time as the 
     effective date in Section 2 of this Act. In the event the 
     Attorney General publishes the notices after the statutory 
     time limit, carriers will have three years thereafter to 
     comply, which time period will fall after the effective date 
     in Section 2 of this Act.
       Subsection (c) requires the Attorney General periodically 
     to give telecommunications carriers notice of any necessary 
     increases in maximum capacity. Carriers will have at least 
     three years, and up to any amount of time beyond three years 
     agreed to by the Attorney General, to comply with the 
     increased maximum capacity requirements.
       Section 2604 protects systems security and integrity by 
     requiring that any electronic surveillance effected within a 
     carrier's switching premises be activated only with 
     intervention by an employee of the carrier. The switching 
     premises include central offices and mobile telephone 
     switching offices (MTSOs).
       This makes clear that government agencies do not have the 
     authority to activate remotely interceptions within the 
     premises of a telecommunications carrier. All executions of 
     court orders or authorizations requiring access to the 
     switching facilities will be made through individuals 
     authorized and designated by the telecommunications carrier. 
     Activation of interception orders or authorizations 
     originating in local loop wiring or cabling can be effected 
     by government personnel or by individuals designated by the 
     telecommunications carrier, depending upon the amount of 
     assistance the government requires.
       Section 2605 requires a telecommunications carrier to 
     consult with its own equipment manufacturers and support 
     service providers to identify those services or equipment to 
     which modifications must be made for the carriers to comply 
     with the capability requirements. Manufacturers and support 
     services providers are required to make available to their 
     customers who are telecommunications carriers the necessary 
     modifications on a reasonably timely basis and at a 
     reasonable charge.
       These responsibilities of the manufacturers and support 
     services providers make clear that they have a critical role 
     in ensuring that lawful interceptions are not thwarted. 
     Without their assistance, telecommunications carriers likely 
     could not comply with the capability requirements.
       Section 2606 establishes a mechanism for implementation of 
     the capability requirements that defers, in the first 
     instance, to industry standards organizations. Subsection (a) 
     directs the Attorney General and other law enforcement 
     agencies to consult with associations and standard-setting 
     bodies of the telecommunications industry. Carriers, 
     manufacturers and support service providers will have a 
     ``safe harbor'' and be considered in compliance with the 
     capability requirements if they comply with publicly 
     available technical requirements or standards designed in 
     good faith to implement the assistance requirements.
       This section states affirmatively that the absence of 
     standards will not preclude carriers, manufacturers or 
     support service providers from deploying a technology or 
     service, but they must still comply with the assistance 
     requirements.
       Subsection (b) provides a forum at the Federal 
     Communications Commission in the event a dispute arises over 
     the technical requirements or standards. Anyone can petition 
     the FCC to establish technical requirements or standards, if 
     none exist, or challenge any such requirements or standards 
     issued by industry associations or bodies under this section. 
     In taking any action under this section, the FCC is directed 
     to protect privacy and security of communications that are 
     not the targets of court-ordered electronic surveillance and 
     to serve the policy of the United States to encourage the 
     provision of new technologies and services to the public.
       If an industry technical requirement or standard is set 
     aside or supplanted by the FCC, the FCC is required to 
     consult with the Attorney General and establish a reasonable 
     time and conditions for compliance with and the transition to 
     any new standard. The FCC may also define the assistance 
     obligations of the telecommunications carriers during this 
     transition period.
       Subsection (c) gives telecommunications carriers an 
     additional two years to achieve compliance with the 
     Capability Requirements beyond the four years provided in 
     Section 2 of the Act, if they petition for, and the FCC 
     grants, an extension. The FCC may grant a petition for relief 
     from compliance with the Capability Requirements for up to 
     two years in circumstances where the carrier can show that 
     compliance with those requirements is not reasonably 
     achievable through application of technology available 
     within the four year compliance period. The Attorney 
     General will reimburse the carrier for any necessary 
     modifications made during the extension period.
       Any extension granted under this subsection applies only to 
     that part of the carrier's business on which the feature or 
     service at issue is used.
       Section 2607 provides for enforcement of the Act by the 
     courts. Subsection (a) provides that a court may order 
     telecommunications carriers, equipment manufacturers and 
     support service providers to comply forthwith with the 
     requirements of the Act in circumstances where an electronic 
     surveillance order or authorization has been issued but 
     cannot be effected because a carrier has failed to comply 
     with the requirements of the Act. This provision compliments 
     the existing requirement in 18 U.S.C. Sec. 2518(4) that an 
     order authorizing electronic surveillance may direct that 
     providers of wire or electronic communications services or 
     any ``other person . . . furnish . . . forthwith all 
     information, facilities, and technical assistance necessary 
     to accomplish the interception.''
       Subsection (b) authorizes the Attorney General, in the 
     absence of a particular electronic surveillance order or 
     authorization, to apply to an appropriate United States Court 
     for an enforcement order directing a telecommunications 
     carriers, equipment manufacturers and support services 
     provider to comply with the Act. In order to avoid disparate 
     enforcement actions throughout the country which could be 
     burdensome for telecommunications carriers, this authority is 
     vested in the Attorney General of the United States through 
     the Department of Justice and the Offices of the various 
     United States Attorneys.
       Subsection (c) places limitations on the court's authority 
     to issue enforcement orders. First, the court must find that 
     law enforcement has no alternatives reasonably available for 
     implementing the order through use of other technologies or 
     by serving the order on another carrier or service provider. 
     Essentially, the court must find that law enforcement is 
     seeking to conduct its interception at the best, or most 
     reasonable, place for such interception.
       Second, the court must find that compliance with the 
     requirements of the Act are reasonably achievable through 
     application of available technology, or would have been 
     reasonably achievable if timely action had been taken. Of 
     necessity, a determination of ``reasonably achievable'' will 
     involve a consideration of economic factors. This limitation 
     is intended to excuse a failure to comply with the Capability 
     Requirements or capacity notices where the total cost of 
     compliance is wholly out of proportion to the usefulness of 
     achieving compliance for a particular type or category of 
     services or features. This subsection recognizes that, in 
     certain circumstances, telecommunications carriers may deploy 
     features or services even though they are not in compliance 
     with the requirements of this Act.
       In the event that either of these standards is not met, the 
     court may not issue an enforcement order and the carrier may 
     proceed with deployment, or with continued offering to the 
     public, of the feature or service at issue.
       Subsection (d) requires a court upon issuance of an 
     enforcement order to set a reasonable time and conditions for 
     complying with the order. In determining what is reasonable, 
     the court may consider as to each party before it a number of 
     enumerated factors.
       Subsection (e) provides that an order may not be issued 
     requiring a carrier to exceed the capacity set forth in the 
     Attorney General's notices under section 2603.
       Subsection (f) provides for a civil penalty up to $10,000 
     per day for any carrier, equipment manufacturer or support 
     service who wilfully violates the section. In setting the 
     appropriate amount of the fine, a court may consider a number 
     of enumerated factors, including the nature, circumstances, 
     and extent of the violation, and, with respect to the 
     violator, ability to pay, good faith efforts to comply in a 
     timely manner, effect on ability to continue to do business, 
     the degree of culpability or delay in undertaking efforts to 
     comply, and such other matters as justice may require.
       Section 2608, entitled ``Reimbursement of 
     Telecommunications Carriers'' provides, in subsection (a), 
     that the Attorney General is required to pay all reasonable 
     costs directly associated with modifications required to 
     comply with the Capability Requirements, either during the 
     period of four years after enactment or during any extension 
     period granted by the FCC. In addition, the Attorney General 
     is required to pay such costs for expanding the carrier's 
     facilities in the event such expansion is necessary to comply 
     with the notices issued under section 2603 of maximum and 
     initial capacity needed by law enforcement.
       Subsection (b) authorizes the Attorney General to establish 
     necessary regulations and procedures to reimburse carriers.
       Subsection (c) provides that any dispute over costs is to 
     be resolved by the FCC or the court from which an enforcement 
     order is sought.
       Subsection (d) provides that if appropriated funds are 
     insufficient to satisfy the Attorney General's obligation 
     under subsection (a) to reimburse carriers for the 
     modifications required under section 2602 and for the 
     capacity required under section 2603, the court may take this 
     into account in determining whether compliance is reasonably 
     achievable before issuing any enforcement order. The FCC may 
     take this into account in determining whether compliance is 
     reasonably achievable during a proceeding to extend the 
     deadline for compliance with the Capability Requirements.
       Section 2. Authorization of appropriations. This section 
     authorizes $500,000,000 to be appropriated for 1995 through 
     1998, which encompasses the four years after enactment, and 
     thereafter any additional amounts that may be necessary to 
     carry out the purposes of the Act.
       Section 3. Effective date. This section sets the effective 
     date for compliance with the Capability Requirements in 
     section 2602 and the Systems Security and Integrity 
     requirement in section 2604 as four years after the 
     enactment. All other provisions take effect upon date of 
     enactment.
       Section 4. Reports. The Attorney General is required to 
     report annually to Congress periodically for the five years 
     after enactment on the monies expended under the Act. In 
     addition, the General Accounting Office is required to report 
     in 1996 and 1998 on costs of compliance with this Act.
       Section 5. Cordless telephones. The Electronic 
     Communications Privacy Act (ECPA), which amended the wiretap 
     statute in 1986, exempted from the protection of the Act 
     ``the radio portion of a cordless telephone that is 
     transmitted between the cordless telephone handset and the 
     base unit.'' 18 U.S.C. Sec. 2510 (1) & (12). In view of the 
     current ubiquitous use of such phones and the expectation 
     that such calls are protected just like other calls, Sen. 
     Leahy's 1991 Privacy and Technology Task Force Report (``Task 
     Force'') recommended that privacy protection be extended to 
     cordless phones, provided an exception for unintentional or 
     accidental party interception was preserved.
       Consistent with the Task Force's recommendations and the 
     Administration's digital telephony proposal, the bill would 
     delete the exceptions for cordless phones and impose a 
     penalty of up to $500 for intentionally intercepting such 
     communications.
       Sections 6 & 7. Radio-based communications. ECPA does not 
     protect communications that are ``readily accessible to the 
     general public,'' which includes radio communications, unless 
     they fit into one of the five specified categories. These 
     excepted categories enjoy protection because they usually are 
     not susceptible to interception by the general public.
       Consistent with the Task Force's recommendations and the 
     Administration's digital telephony proposal, the bill would 
     add ``electronic communication'' as a category of radio 
     communication covered by the wiretap statute. This would 
     provide protection for all forms of electronic 
     communications, including data, even when they may be 
     transmitted by radio.
       The bill also amends the penalty provision to treat 
     communications using modulation techniques in the same 
     fashion as those where encryption has been employed to secure 
     communications privacy. This paragraph refers to spread 
     spectrum radio communications, which usually involve the 
     transmission of a signal on different frequencies where the 
     receiving station must possess the necessary algorithm in 
     order to reassemble the signal.
       Section 8. Technical correction. The wiretap law permits 
     interception of wire communications by a wire or electronic 
     service provider in the normal course of business to render 
     services or protect rights or property. The bill would make a 
     technical correction and expand the exception to include 
     electronic communications.
       Section 9. Clone phones. This section amends the 
     Counterfeit Access Device law to criminalize the use of 
     cellular phones that are altered, or ``cloned,'' to allow 
     free riding on the cellular phone system. Specifically, this 
     section prohibits the use of an altered telecommunications 
     instrument, or a scanning receiver, hardware or software, to 
     obtain unauthorized access to telecommunications services. A 
     scanning receiver is defined as a device used to intercept 
     illegally wire, oral or electronic communications. The 
     penalty for violating this new section is imprisonment for up 
     to fifteen years and a fine of the greater of $50,000 or 
     twice the value obtained by the offense.
       Section 10. Transactional data. Recognizing that 
     transactional records from on-line communication systems 
     reveal more than telephone toll records or mail covers, 
     subsection (a) eliminates the use of a subpoena by law 
     enforcement to obtain from a provider or electronic 
     communication services the addresses on electronic messages. 
     In order for law enforcement to obtain such information, a 
     court order is required.
       This section imposes an intermediate standard to protect 
     on-line transactional records. It is a standard higher than a 
     subpoena, but not a probable cause warrant. The intent of 
     raising the standard for access to transactional data is to 
     guard against ``fishing expeditions'' by law enforcement. 
     Under the intermediate standard, law enforcement must show 
     facts which establish why such records are relevant and 
     material to an ongoing criminal investigation.
       Law enforcement could still use a subpoena to obtain the 
     name, billing address, and length of service of a subscriber 
     to or customer of such service and the type of services the 
     subscriber or customer utilized.
       Subsection (b) requires government agencies installing and 
     using pen register devices to use, when reasonably available, 
     technology that restricts the information captured by such 
     device to the dialling or signaling information necessary to 
     direct or process a call, excluding any further 
     communications conducted through the use of dialled digits 
     that would otherwise be captured.

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