[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                           OCEANS ACT OF 1994

  Mr. HUGHES. Mr. Speaker, I ask unanimous consent that the Committee 
on Merchant Marine and Fisheries be discharged from further 
consideration of the bill (H.R. 4852) to provide congressional approval 
of a governing international fishery agreement, and ask for its 
immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  Mr. FIELDS of Texas. Mr. Speaker, reserving the right to object, and 
I will not object, I take this reservation in order to give the 
distinguished gentleman from New Jersey [Mr. Hughes] an opportunity to 
explain the bill.
  Mr. Speaker, I yield to the gentleman from New Jersey.
  Mr. HUGHES. I thank the gentleman for yielding.
  Mr. Speaker, earlier today, in an effort to try and expedite Senate 
action on a number of Merchant Marine and Fisheries Committee bills 
pending before the other body, Chairman Studds sought unanimous consent 
for a package of legislation that could then be approved by the Senate 
and forwarded to the President for signature.
  This motion was objected to, but I am happy to now return on behalf 
of the committee with a package that has been worked out and should 
cause no Member to object.
  I will not repeat the explanation given by Chairman Studds as to the 
contents of this package but will tell Members that the concerns raised 
by the gentlemen from Louisiana and Pennsylvania have been 
accommodated.
  We have dropped from the towing safety title the language requiring 
merchant mariners documents for industry crew members. We have also 
dropped language dealing with the definition of offshore supply 
vessels, and language in the NOAA authorization title questioned by Mr. 
Walker.
  Mr. Speaker, adoption of the bill will make our waterways safer, 
protect the lives of young boaters, encourage scientific research, 
support the tremendous efforts of our U.S. Coast Guard, and continue 
and improve several important fisheries laws.
  Adoption of this bill right now is our only chance to make all of 
this happen. I urge its approval.
  Mr. FIELDS of Texas. Mr. Speaker, continuing my reservation, I yield 
to the gentlewoman from Maryland [Mrs. Bentley].
  Mrs. BENTLEY. I thank the gentleman from Texas for yielding to me.
  First of all, Mr. Speaker, I want to thank the gentleman from 
Louisiana [Mr. Tauzin], and others for working out a compromise on this 
legislation so that this very important bill concerning the Coast Guard 
and the freight forwarders industry is able to move through this body.
  Mr. Speaker, this freight forwarding section of the bill is very 
important to the ocean freight forwarder of this country who have been 
set aside and shut out for more than 10 years. We are taking the step 
now to give them the opportunity to share in collecting the fees, as 
have everybody else in the shipping industry.
  So the freight forwarder compensation language is so important that 
again I thank the gentleman from Louisiana [Mr. Tauzin] and others for 
this opportunity.
  Mr. FIELDS of Texas. Mr. Speaker, continuing my reservation of 
objection, I would just like to point out to my colleagues in the House 
that this may be one of the last speeches by the gentlewomen from 
Maryland [Mrs. Bentley] and I think it is highly appropriate that this 
speech occurs on this particular piece of legislation. There has not 
been a stronger advocate for the domestic maritime industry than the 
gentlewoman from Maryland, and she will be sorely missed by the 
Committee on Merchant Marine and Fisheries.
  Mrs. BENTLEY. Mr. Speaker. I thank the gentleman from Texas for his 
kind words. Let me say I am not going to let you be far away from me.
  Mr. FIELDS of Texas. Mr. Speaker, further reserving the right to 
object, I yield to the gentleman from Louisiana [Mr. Tauzin.].
  Mr. TAUZIN. I thank the gentleman for yielding.
  Let me also confirm indeed we have reached agreement on a package 
that we hope will be acceptable to the Senate now.
  Mr. Speaker, I point out to the Members of the House that one of the 
items that is contained in the bill is a very important section on 
towing vessels safety that is designed to increase the margins of 
safety in inland waterways of our country.
  Mr. Speaker, it was about a year ago that we had the awful Amtrak 
accident in Alabama which cost the lives of some of our citizens and 
called to our attention the need for drastic changes in the ways in 
which the inland waterways operate.
  The bill contains some very important steps in improving the safety 
of waterways, it contains some very important reform in the way the 
Coast Guard regulates the maritime industry. Indeed it allows for much 
more efficiency in self-regulation, and we want to again commend this 
package to the floor of the House and urge its adoption under this 
unanimous consent request.
  And I thank the gentleman from Texas [Mr. Fields] and the gentleman 
from New Jersey [Mr. Hughes]. In particular I want to thank my dear 
friend, Mr. Hughes, and wish him the best of luck in all his future 
endeavors. And I also thank the members of the committee and 
subcommittee.
  (Mr. FIELDS of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. FIELDS of Texas. Mr. Speaker, I rise in support of the H.R. 4852, 
the Oceans Act of 1994, as amended.
  Mr. Speaker, this is bipartisan legislation developed by the Merchant 
Marine and Fisheries Committee. It includes several important 
international fisheries provisions, which will allow the United States 
to remain a leader in conservation and management.
  We have included in this legislation provisions to: implement the 
recommendations of the U.N.'s Conference of the Food and Agriculture 
Organization to establish a licensing and reporting system for United 
States fishing vessels which engage in fishing operations on the high 
seas; implement the Convention on Future Multilateral Cooperation in 
the Northwest Atlantic Fisheries and allow the United States to 
participate in the Northwest Atlantic Fisheries Organization; approve 
the governing international fishery agreement between the United States 
and the Republic of Lithuania; require a report to Congress on the 
status of monitoring and research programs to support the conservation 
and management of Atlantic bluefin tuna and other highly migratory 
species; reauthorize and expand the ability of the Fishermen's 
Protective Act to reimburse fishermen for the loss of their vessels and 
catch if seized illegally by a foreign government or to reimburse them 
if they are forced to pay an illegal transit fee by a foreign 
government; and require that United States fishermen comply with 
international fishery agreements that govern fisheries management in 
the Central Sea of Okhotsk.
  Title VII of this bill authorizes funds for the Coast Guard for 
fiscal year 1995 at the level requested by the President, plus $13 
million to fund the bridge administration program, and an additional 
$21 million for drug interdiction activities. Titles VIII through X 
contain important provisions to improve vessel and navigation safety 
and improve Coast Guard personnel management.
  Title XI of this bill contains the text of H.R. 3786, the 
Recreational Boating Safety Improvement Act of 1994. This bill is one 
of my highest priorities, and I am pleased that the most important 
requirements of my bill, H.R. 2812, are incorporated into the bill. 
This legislation will save lives and reduce the number of injuries that 
occur on America's waterways each year.
  Title XII, the Coast Guard Regulatory Reform Act of 1993, is intended 
to simplify U.S. construction requirements to reduce the regulatory 
burden on the U.S. maritime industry without compromising safety. These 
provisions were developed by the Coast Guard, industry representatives, 
and the Merchant Marine and Fisheries Committee. They will streamline 
shipbuilding requirements for all the U.S. maritime industry and allow 
it to become more competitive internationally.
  Title XIII, the United States Passenger Vessel Development Act, is 
designed to promote the construction and operation of domestic 
passenger ships that will operate out of U.S. ports and cater to 
Americans.
  Title XIV contains the provisions of the Boating Improvement Act of 
1994, to establish a reasonable, stable funding method for the State 
boating safety program. The Boating Improvement Act is supported by all 
the affected groups, including the National Association of Boating Law 
Administrators, the American League of Anglers and Boaters, and the 
Boat Owners Association of the United States.
  I also support the remaining titles of this bill, which will improve 
towing vessel safety and offshore supply vessel shipbuilding 
opportunities, and address various miscellaneous problems. I am pleased 
that title XX of this bill contains my amendments to maintain the 
President's proposed level of Coast Guard drug interdiction and to 
require a complete cost accounting of Coast Guard expenses related to 
Haiti.
  Title XIX of this bill contains an authorization for the ocean and 
coastal programs of the National Oceanic and Atmospheric Administration 
[NOAA] for fiscal years 1995 and 1996. In addition to NOAA's National 
Ocean Service programs, ocean and Great Lakes research, selected 
fisheries programs, and general administrative support, the title also 
improves the Saltonstall-Kennedy program; encourages dual use of 
military oceanographic assets; amends the boundary of the Flower Garden 
Banks National Marine Sanctuary; improves congressional oversight of 
NOAA's fleet modernization activities; and authorizes the National 
Undersea Research Program.
  These programs contribute to America's understanding and wise use of 
the greatest resource of the Earth--our oceans. I note that through the 
outstanding leadership of Oceanography Subcommittee Chairman Solomon 
Ortiz that the Gulf of Mexico finally receives its due in this bill. 
The authorization of a National Undersea Research Program Center for 
the gulf, a study using satellites to help pinpoint sea turtles, and 
the consideration of an offshore platform as a research facility in the 
only gulf national marine sanctuary are all a result of his tireless 
work. Chairman Ortiz has also been extremely responsive to the views of 
all members of the Merchant Marine Committee on NOAA matters.
  I also want to commend Oceanography Subcommittee ranking Republican 
member Curt Weldon for his efforts on behalf of NOAA, especially his 
work on the use of military resources for civilian oceanographic 
research. This is a new but potentially fruitful avenue for the 
committee. Finally, committee Chairman Studds has helped steer our 
course to the floor to ensure NOAA's future.
  The Merchant Marine and Fisheries Committee has completed action in a 
fair, bipartisan manner, on matters that are extremely important to our 
maritime industry and to the safety of our citizens. Mr. Speaker, I 
urge my colleagues to overwhelmingly enact H.R. 4852 and express my 
highest compliments to our distinguished chairman, Gerry Studds, for 
his outstanding leadership on this important legislation.
  I urge my colleagues to support this legislation and I withdraw my 
reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey.
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 4852

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That 
     notwithstanding section 203 of the Magnuson Fishery 
     Conservation and Management Act (16 U.S.C. 1823), the 
     governing international fishery agreement between the 
     Government of the United States of America and the Government 
     of the Republic of Lithuania, as contained in the message to 
     Congress from the President of the United States dated July 
     18, 1994, is approved by the Congress as a governing 
     international fishery agreement for the purposes of such Act 
     and shall enter into force and effect with respect to the 
     United States on the date of enactment of this Act.


     amendment in the nature of a substitute offered by mr. hughes

  Mr. HUGHES. Mr. Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     Hughes:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Oceans Act of 1994''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:
                 TITLE I--HIGH SEAS FISHERIES LICENSING

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``High Seas Fisheries 
     Licensing Act of 1994''.

     SEC. 102. PURPOSE.

       It is the purpose of this Act--
       (1) to implement the Agreement to Promote Compliance with 
     International Conservation and Management Measures by Fishing 
     Vessels on the High Seas, adopted by the Conference of the 
     Food and Agriculture Organization of the United Nations on 
     November 24, 1993; and
       (2) to establish a system of licensing, reporting, and 
     regulation for vessels of the United States fishing on the 
     high seas.

     SEC. 103. DEFINITIONS.

       As used in this Act--
       (1) The term ``Agreement'' means the Agreement to Promote 
     Compliance with International Conservation and Management 
     Measures by Fishing Vessels on the High Seas, adopted by the 
     Conference of the Food and Agriculture Organization of the 
     United Nations on November 24, 1993.
       (2) The term ``FAO'' means the Food and Agriculture 
     Organization of the United Nations.
       (3) The term ``high seas'' means the waters beyond the 
     territorial sea or exclusive economic zone (or the 
     equivalent) of any nation, to the extent that such 
     territorial sea or exclusive economic zone (or the 
     equivalent) is recognized by the United States.
       (4) The term ``high seas fishing vessel'' means any vessel 
     of the United States used or intended for use --
       (A) on the high seas;
       (B) for the purpose of the commercial exploitation of 
     living marine resources; and
       (C) as a harvesting vessel, as a mother ship, or as any 
     other support vessel directly engaged in a fishing operation.
       (5) The term ``international conservation and management 
     measures'' means measures to conserve or manage one or more 
     species of living marine resources that are adopted and 
     applied in accordance with the relevant rules of 
     international law, as reflected in the 1982 United Nations 
     Convention on the Law of the Sea, and that are recognized by 
     the United States. Such measures may be adopted by global, 
     regional, or sub-regional fisheries organizations, subject to 
     the rights and obligations of their members, or by treaties 
     or other international agreements.
       (6) The term ``length'' means --
       (A) for any high seas fishing vessel built after July 18, 
     1982, 96 percent of the total length on a waterline at 85 
     percent of the least molded depth measured from the top of 
     the keel, or the length from the foreside of the stem to the 
     axis of the rudder stock on that waterline, if that is 
     greater. In ships designed with a rake of keel the waterline 
     on which this length is measured shall be parallel to the 
     designed waterline; and
       (B) for any high seas fishing vessel built before July 18, 
     1982, registered length as entered on the vessel's 
     documentation.
       (7) The term ``person'' means any individual (whether or 
     not a citizen of or national of the United States), any 
     corporation, partnership, association, or other entity 
     (whether or not organized or existing under the laws of any 
     State), and any Federal, State, local, or foreign government 
     or any entity of any such government.
       (8) The term ``Secretary'' means the Secretary of Commerce.
       (9) The term ``vessel of the United States'' means--
       (A) a vessel documented under chapter 121 of title 46, 
     United States Code, or numbered in accordance with chapter 
     123 of title 46, United States Code;
       (B) a vessel owned in whole or part by--
       (i) the United States or a territory, commonwealth, or 
     possession of the United States;
       (ii) a State or political subdivision thereof;
       (iii) a citizen or national of the United States; or
       (iv) a corporation created under the laws of the United 
     States or any State, the District of Columbia, or any 
     territory, commonwealth, or possession of the United States; 
     unless the vessel has been granted the nationality of a 
     foreign nation in accordance with article 92 of the 1982 
     United Nations Convention on the Law of the Sea and a claim 
     of nationality or registry for the vessel is made by the 
     master or individual in charge at the time of the enforcement 
     action by an officer or employee of the United States 
     authorized to enforce applicable provisions of the United 
     States law; and
       (C) a vessel that was once documented under the laws of the 
     United States and, in violation of the laws of the United 
     States, was either sold to a person not a citizen of the 
     United States or placed under foreign registry or a foreign 
     flag, whether or not the vessel has been granted the 
     nationality of a foreign nation.
       (10) The terms ``vessel subject to the jurisdiction of the 
     United States'' and ``vessel without nationality'' have the 
     same meaning as in section 1903(c) of title 46 United States 
     Code Appendix.

     SEC. 104. LICENSING.

       (a) In General.--No high seas fishing vessel shall engage 
     in harvesting operations on the high seas unless the vessel 
     has on board a valid license issued under this section.
       (b) Eligibility.--
       (1) Any vessel of the United States is eligible to receive 
     a license under this section, unless the vessel was 
     previously authorized to be used for fishing on the high seas 
     by a foreign nation, and
       (A) the foreign nation suspended such authorization because 
     the vessel undermined the effectiveness of international 
     conservation and management measures, and the suspension has 
     not expired; or
       (B) the foreign nation, within the last three years 
     preceding application for a license under this section, 
     withdrew such authorization because the vessel undermined the 
     effectiveness of international conservation and management 
     measures.
       (2) The restriction in paragraph (1) does not apply if 
     ownership of the vessel has changed since the vessel 
     undermined the effectiveness of international conservation 
     and management measures, and the new owner has provided 
     sufficient evidence to the Secretary demonstrating that the 
     previous owner or operator has no further legal, beneficial 
     or financial interest in, or control of, the vessel.
       (3) The restriction in paragraph (1) does not apply if the 
     Secretary makes a determination that issuing a license would 
     not subvert the purposes of the Agreement.
       (4) The Secretary may not issue a license to a vessel 
     unless the Secretary is satisfied that the United States will 
     be able to exercise effectively its responsibilities under 
     the Agreement with respect to that vessel.
       (c) Application.--
       (1) The owner or operator of a high seas fishing vessel may 
     apply for a license under this section by completing an 
     application form prescribed by the Secretary.
       (2) The application form shall contain--
       (A) the vessel's name, previous names (if known), official 
     numbers, and port of record;
       (B) the vessel's previous flags (if any);
       (C) the vessel's International Radio Call Sign (if any);
       (D) the names and addresses of the vessel's owners and 
     operators;
       (E) where and when the vessel was built;
       (F) the type of vessel;
       (G) the vessel's length; and
       (H) any other information the Secretary requires.
       (d) Conditions.--The Secretary shall establish such 
     conditions and restrictions on each license issued under this 
     section as are necessary and appropriate to carry out the 
     obligations of the United States under the Agreement, 
     including but not limited to the following:
       (1) The vessel shall be marked in accordance with the FAO 
     Standard Specifications for the Marking and Identification of 
     Fishing Vessels, or with regulations issued under section 305 
     of the Magnuson Fishery Conservation and Management Act (16 
     U.S.C. 1855); and
       (2) The license holder shall report such information as the 
     Secretary by regulation requires, including area of fishing 
     operations and catch statistics. The Secretary shall 
     promulgate regulations concerning conditions under which 
     information submitted under this paragraph may be released.
       (e) Fees.--
       (1) The Secretary may by regulation establish the level of 
     fees to be charged for licenses issued under this section. 
     The amount of any fee charged for a license issued under this 
     section may not exceed the administrative costs incurred in 
     issuing such licenses. The licensing fee shall be in addition 
     to any fee required under any regional licensing regime 
     applicable to high seas fishing vessels.
       (2) The fees authorized by paragraph (1) shall be collected 
     and credited to the Operations, Research and Facilities 
     account of the National Oceanic and Atmospheric 
     Administration. Fees collected under this subsection shall be 
     available for the necessary expenses of the National Oceanic 
     and Atmospheric Administration in implementing this Act, and 
     shall remain available until expended.
       (f) Duration.--A license issued under this section is valid 
     for the period specified in regulations issued under section 
     105(d). A license issued under this section is void in the 
     event the vessel is no longer eligible for U.S. 
     documentation, such documentation is revoked or denied, or 
     the vessel is deleted from such documentation.

     SEC. 105. RESPONSIBILITIES OF THE SECRETARY.

       (a) Record.--The Secretary shall maintain an automated file 
     or record of high seas fishing vessels issued licenses under 
     section 104, including all information submitted under 
     section 104(c)(2).
       (b) Information To FAO.--The Secretary, in cooperation with 
     the Secretary of State and the Secretary of the department in 
     which the Coast Guard is operating, shall--
       (1) make available to FAO information contained in the 
     record maintained under subsection (a);
       (2) promptly notify FAO of changes in such information;
       (3) promptly notify FAO of additions to or deletions from 
     the record, and the reason for any deletion;
       (4) convey to FAO information relating to any license 
     granted under section 104(b)(3), including the vessel's 
     identity, owner or operator, and factors relevant to the 
     Secretary's determination to issue the license;
       (5) report promptly to FAO all relevant information 
     regarding any activities of high seas fishing vessels that 
     undermine the effectiveness of international conservation and 
     management measures, including the identity of the vessels 
     and any sanctions imposed; and
       (6) provide the FAO a summary of evidence regarding any 
     activities of foreign vessels that undermine the 
     effectiveness of international conservation and management 
     measures.
       (c) Information to Flag Nations.--If the Secretary, in 
     cooperation with the Secretary of State and the Secretary of 
     the department in which the Coast Guard is operating, has 
     reasonable grounds to believe that a foreign vessel has 
     engaged in activities undermining the effectiveness of 
     international conservation and management measures, the 
     Secretary shall--
       (1) provide to the flag nation information, including 
     appropriate evidentiary material, relating to those 
     activities; and
       (2) when such foreign vessel is voluntarily in a United 
     States port, promptly notify the flag nation and, if 
     requested by the flag nation, make arrangements to undertake 
     such lawful investigatory measures as may be considered 
     necessary to establish whether the vessel has been used 
     contrary to the provisions of the Agreement.
       (d) Regulations.--The Secretary, after consultation with 
     the Secretary of State and the Secretary of the department in 
     which the Coast Guard is operating, may promulgate such 
     regulations, in accordance with section 553 of title 5, 
     United States Code, as may be necessary to carry out the 
     purposes of the Agreement and this title. The Secretary shall 
     coordinate such regulations with any other entities 
     regulating high seas fishing vessels, in order to minimize 
     duplication of license application and reporting 
     requirements. To the extent practicable, such regulations 
     shall also be consistent with regulations implementing 
     fishery management plans under the Magnuson Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.).
       (e) Notice of International Conservation and Management 
     Measures.--The Secretary, in consultation with the Secretary 
     of State, shall publish in the Federal Register, from time to 
     time, a notice listing international conservation and 
     management measures recognized by the United States.

     SEC. 106. UNLAWFUL ACTIVITIES.

       It is unlawful for any person subject to the jurisdiction 
     of the United States--
       (1) to use a high seas fishing vessel on the high seas in 
     contravention of international conservation and management 
     measures described in section 105(e);
       (2) to use a high seas fishing vessel on the high seas, 
     unless the vessel has on board a valid license issued under 
     section 104;
       (3) to use a high seas fishing vessel in violation of the 
     conditions or restrictions of a license issued under section 
     104;
       (4) to falsify any information required to be reported, 
     communicated, or recorded pursuant to this title or any 
     regulation issued under this title, or to fail to submit in a 
     timely fashion any required information, or to fail to report 
     to the Secretary immediately any change in circumstances that 
     has the effect of rendering any such information false, 
     incomplete, or misleading;
       (5) to refuse to permit an authorized officer to board a 
     high seas fishing vessel subject to such person's control for 
     purposes of conducting any search or inspection in connection 
     with the enforcement of this title or any regulation issued 
     under this title;
       (6) to forcibly assault, resist, oppose, impede, 
     intimidate, or interfere with an authorized officer in the 
     conduct of any search or inspection described in paragraph 
     (5);
       (7) to resist a lawful arrest or detention for any act 
     prohibited by this section;
       (8) to interfere with, delay, or prevent, by any means, the 
     apprehension, arrest, or detection of another person, knowing 
     that such person has committed any act prohibited by this 
     section;
       (9) to ship, transport, offer for sale, sell, purchase, 
     import, export, or have custody, control, or possession of, 
     any living marine resource taken or retained in violation of 
     this title or any regulation or license issued under this 
     title; or
       (10) to violate any provision of this title or any 
     regulation or license issued under this title.

     SEC. 107. ENFORCEMENT PROVISIONS.

       (a) Duties of Secretaries.--This title shall be enforced by 
     the Secretary of Commerce and the Secretary of the department 
     in which the Coast Guard is operating. Such Secretaries may 
     by agreement utilize, on a reimbursable basis or otherwise, 
     the personnel, services, equipment (including aircraft and 
     vessels), and facilities of any other Federal agency, or of 
     any State agency, in the performance of such duties. Such 
     Secretaries shall, and the head of any Federal or State 
     agency that has entered into an agreement with either such 
     Secretary under this section may (if the agreement so 
     provides), authorize officers to enforce the provisions of 
     this title or any regulation or license issued under this 
     title.
       (b) District Court Jurisdiction.--The district courts of 
     the United States shall have exclusive jurisdiction over any 
     case or controversy arising under the provisions of this 
     title. In the case of Guam, and any Commonwealth, territory, 
     or possession of the United States in the Pacific Ocean, the 
     appropriate court is the United States District Court for the 
     District of Guam, except that in the case of American Samoa, 
     the appropriate court is the United States District Court for 
     the District of Hawaii.
       (c) Powers of Enforcement Officers.--
       (1) Any officer who is authorized under subsection (a) to 
     enforce the provisions of this title may--
       (A) with or without a warrant or other process--
       (i) arrest any person, if the officer has reasonable cause 
     to believe that such person has committed an act prohibited 
     by paragraph (6), (7), (8), or (9) of section 106;
       (ii) board, and search or inspect, any high seas fishing 
     vessel;
       (iii) seize any high seas fishing vessel (together with its 
     fishing gear, furniture, appurtenances, stores, and cargo) 
     used or employed in, or with respect to which it reasonably 
     appears that such vessel was used or employed in, the 
     violation of any provision of this title or any regulation or 
     license issued under this title;
       (iv) seize any living marine resource (wherever found) 
     taken or retained, in any manner, in connection with or as a 
     result of the commission of any act prohibited by section 
     106;
       (v) seize any other evidence related to any violation of 
     any provision of this title or any regulation or license 
     issued under this title;
       (B) execute any warrant or other process issued by any 
     court of competent jurisdiction; and
       (C) exercise any other lawful authority.
       (2) Subject to the direction of the Secretary, a person 
     charged with law enforcement responsibilities by the 
     Secretary who is performing a duty related to enforcement of 
     a law regarding fisheries or other marine resources may make 
     an arrest without a warrant for an offense against the United 
     States committed in his presence, or for a felony cognizable 
     under the laws of the United States, if he has reasonable 
     grounds to believe that the person to be arrested has 
     committed or is committing a felony.
       (d) Issuance of Citations.--If any authorized officer finds 
     that a high seas fishing vessel is operating or has been 
     operated in violation of any provision of this title, such 
     officer may issue a citation to the owner or operator of such 
     vessel in lieu of proceeding under subsection (c). If a 
     permit has been issued pursuant to this title for such 
     vessel, such officer shall note the issuance of any citation 
     under this subsection, including the date thereof and the 
     reason therefor, on the permit. The Secretary shall maintain 
     a record of all citations issued pursuant to this subsection.

     SEC. 108. CIVIL PENALTIES AND LICENSE SANCTIONS.

       (a) Civil Penalties.--
       (1) Any person who is found by the Secretary, after notice 
     and opportunity for a hearing in accordance with section 554 
     of title 5, United States Code, to have committed an act 
     prohibited by section 106 shall be liable to the United 
     States for a civil penalty. The amount of the civil penalty 
     shall not exceed $100,000 for each violation. Each day of a 
     continuing violation shall constitute a separate offense. The 
     amount of such civil penalty shall be assessed by the 
     Secretary by written notice. In determining the amount of 
     such penalty, the Secretary shall take into account the 
     nature, circumstances, extent, and gravity of the prohibited 
     acts committed and, with respect to the violation, the degree 
     of culpability, any history of prior offenses, and such other 
     matters as justice may require.
       (2) The Secretary may compromise, modify, or remit, with or 
     without conditions, any civil penalty that is subject to 
     imposition or that has been imposed under this section.
       (b) License Sanctions.--
       (1) In any case in which--
       (A) a vessel of the United States has been used in the 
     commission of an act prohibited under section 106;
       (B) the owner or operator of a vessel or any other person 
     who has been issued or has applied for a license under 
     section 104 has acted in violation of section 106; or
       (C) any amount in settlement of a civil forfeiture imposed 
     on a high seas fishing vessel or other property, or any civil 
     penalty or criminal fine imposed on a high seas fishing 
     vessel or on an owner or operator of such a vessel or on any 
     other person who has been issued or has applied for a license 
     under any fishery resource statute enforced by the Secretary, 
     has not been paid and is overdue, the Secretary may--
       (i) revoke any license issued to or applied for by such 
     vessel or person under this title, with or without prejudice 
     to the issuance of subsequent licenses;
       (ii) suspend such license for a period of time considered 
     by the Secretary to be appropriate;
       (iii) deny such license; or
       (iv) impose additional conditions and restrictions on such 
     license.
       (2) In imposing a sanction under this subsection, the 
     Secretary shall take into account--
       (A) the nature, circumstances, extent, and gravity of the 
     prohibited acts for which the sanction is imposed; and
       (B) with respect to the violator, the degree of 
     culpability, any history of prior offenses, and such other 
     matters as justice may require.
       (3) Transfer of ownership of a high seas fishing vessel, by 
     sale or otherwise, shall not extinguish any license sanction 
     that is in effect or is pending at the time of transfer of 
     ownership. Before executing the transfer of ownership of a 
     vessel, by sale or otherwise, the owner shall disclose in 
     writing to the prospective transferee the existence of any 
     license sanction that will be in effect or pending with 
     respect to the vessel at the time of the transfer. The 
     Secretary may waive or compromise a sanction in the case of a 
     transfer pursuant to court order.
       (4) In the case of any license that is suspended under this 
     subsection for nonpayment of a civil penalty or criminal 
     fine, the Secretary shall reinstate the license upon payment 
     of the penalty or fine and interest thereon at the prevailing 
     rate.
       (5) No sanctions shall be imposed under this subsection 
     unless there has been prior opportunity for a hearing on the 
     facts underlying the violation for which the sanction is 
     imposed, either in conjunction with a civil penalty 
     proceeding under this section or otherwise.
       (c) Hearing.--For the purposes of conducting any hearing 
     under this section, the Secretary may issue subpoenas for the 
     attendance and testimony of witnesses and the production of 
     relevant papers, books, and documents, and may administer 
     oaths. Witnesses summoned shall be paid the same fees and 
     mileage that are paid to witnesses in the courts of the 
     United States. In case of contempt or refusal to obey a 
     subpoena served upon any person pursuant to this subsection, 
     the district court of the United States for any district in 
     which such person is found, resides, or transacts business, 
     upon application by the United States and after notice to 
     such person, shall have jurisdiction to issue an order 
     requiring such person to appear and give testimony before the 
     Secretary or to appear and produce documents before the 
     Secretary, or both, and any failure to obey such order of the 
     court may be punished by such court as a contempt thereof.
       (d) Judicial Review.--Any person against whom a civil 
     penalty is assessed under subsection (a) or against whose 
     vessel a license sanction is imposed under subsection (b) 
     (other than a license suspension for nonpayment of penalty or 
     fine) may obtain review thereof in the United States district 
     court for the appropriate district by filing a complaint 
     against the Secretary in such court within 30 days from the 
     date of such penalty or sanction. The Secretary shall 
     promptly file in such court a certified copy of the record 
     upon which such penalty or sanction was imposed, as provided 
     in section 2112 of title 28, United States Code. The findings 
     and order of the Secretary shall be set aside by such court 
     if they are not found to be supported by substantial 
     evidence, as provided in section 706(2) of title 5, United 
     States Code.
       (e) Collection.--
       (1) If any person fails to pay an assessment of a civil 
     penalty after it has become a final and unappealable order, 
     or after the appropriate court has entered final judgment in 
     favor of the Secretary, the matter shall be referred to the 
     Attorney General, who shall recover the amount assessed in 
     any appropriate district court of the United States. In such 
     action the validity and appropriateness of the final order 
     imposing the civil penalty shall not be subject to review.
       (2) A high seas fishing vessel (including its fishing gear, 
     furniture, appurtenances, stores, and cargo) used in the 
     commission of an act prohibited by section 106 shall be 
     liable in rem for any civil penalty assessed for such 
     violation under subsection (a) and may be proceeded against 
     in any district court of the United States having 
     jurisdiction thereof. Such penalty shall constitute a 
     maritime lien on such vessel that may be recovered in an 
     action in rem in the district court of the United States 
     having jurisdiction over the vessel.

     SEC. 109. CRIMINAL OFFENSES.

       (a) Offenses.--A person is guilty of an offense if the 
     person commits any act prohibited by paragraph (6), (7), (8), 
     or (9) of section 106.
       (b) Punishment.--Any offense described in subsection (a) is 
     a class A misdemeanor punishable by a fine under title 18, 
     United States Code, or imprisonment for not more than one 
     year, or both; except that if in the commission of any 
     offense the person uses a dangerous weapon, engages in 
     conduct that causes bodily injury to any authorized officer, 
     or places any such officer in fear of imminent bodily injury, 
     the offense is a felony punishable by a fine under title 18, 
     United States Code, or imprisonment for not more than 10 
     years, or both.

     SEC. 110. FORFEITURES.

       (a) In General.--Any high seas fishing vessel (including 
     its fishing gear, furniture, appurtenances, stores, and 
     cargo) used, and any living marine resources (or the fair 
     market value thereof) taken or retained, in any manner, in 
     connection with or as a result of the commission of any act 
     prohibited by section 106 (other than an act for which the 
     issuance of a citation under section 107 is a sufficient 
     sanction) shall be subject to forfeiture to the United 
     States. All or part of such vessel may, and all such living 
     marine resources (or the fair market value thereof) shall, be 
     forfeited to the United States pursuant to a civil proceeding 
     under this section.
       (b) Jurisdiction of District Courts.--Any district court of 
     the United States shall have jurisdiction, upon application 
     of the Attorney General on behalf of the United States, to 
     order any forfeiture authorized under subsection (a) and any 
     action provided for under subsection (d).
       (c) Judgment.--If a judgment is entered for the United 
     States in a civil forfeiture proceeding under this section, 
     the Attorney General may seize any property or other interest 
     declared forfeited to the United States, which has not 
     previously been seized pursuant to this title or for which 
     security has not previously been obtained. The provisions of 
     the customs laws relating to --
       (1) the seizure, forfeiture, and condemnation of property 
     for violation of the customs law;
       (2) the disposition of such property or the proceeds from 
     the sale thereof; and
       (3) the remission or mitigation of any such forfeiture;
     shall apply to seizures and forfeitures incurred, or alleged 
     to have been incurred, under the provisions of this title, 
     unless such provisions are inconsistent with the purposes, 
     policy, and provisions of this title.
       (d) Procedure.--
       (1) Any officer authorized to serve any process in rem that 
     is issued by a court under section 107(b) shall--
       (A) stay the execution of such process; or
       (B) discharge any living marine resources seized pursuant 
     to such process;
     upon receipt of a satisfactory bond or other security from 
     any person claiming such property. Such bond or other 
     security shall be conditioned upon such person delivering 
     such property to the appropriate court upon order thereof, 
     without any impairment of its value, or paying the monetary 
     value of such property pursuant to an order of such court. 
     Judgment shall be recoverable on such bond or other security 
     against both the principal and any sureties in the event that 
     any condition thereof is breached, as determined by such 
     court.
       (2) Any living marine resources seized pursuant to this 
     title may be sold, subject to the approval of the appropriate 
     court, for not less than the fair market value thereof. The 
     proceeds of any such sale shall be deposited with such court 
     pending the disposition of the matter involved.
       (e) Rebuttable Presumption.--For purposes of this section, 
     all living marine resources found on board a high seas 
     fishing vessel and which are seized in connection with an act 
     prohibited by section 106 are presumed to have been taken or 
     retained in violation of this title, but the presumption can 
     be rebutted by an appropriate showing of evidence to the 
     contrary.

     SEC. 111. EFFECTIVE DATE.

       This title shall take effect 120 days after the date of 
     enactment of this Act.
     TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL 
            COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Northwest Atlantic 
     Fisheries Convention Act of 1994''.

     SEC. 202. REPRESENTATION OF UNITED STATES UNDER CONVENTION.

       (a) Commissioners.--
       (1) Appointments, generally.--The Secretary shall appoint 
     not more than 3 individuals to serve as the representatives 
     of the United States on the General Council and the Fisheries 
     Commission, who shall each--
       (A) be known as a ``United States Commissioner to the 
     Northwest Atlantic Fisheries Organization''; and
       (B) serve at the pleasure of the Secretary.
       (2) Requirements for appointments.--
       (A) The Secretary shall ensure that of the individuals 
     serving as Commissioners--
       (i) at least 1 is appointed from among representatives of 
     the commercial fishing industry;
       (ii) 1 (but no more than 1) is an official of the 
     Government; and
       (iii) 1, other than the individual appointed under clause 
     (ii), is a voting member of the New England Fishery 
     Management Council.
       (B) The Secretary may not appoint as a Commissioner an 
     individual unless the individual is knowledgeable and 
     experienced concerning the fishery resources to which the 
     Convention applies.
       (3) Terms.--
       (A) The term of an individual appointed as a Commissioner--
       (i) shall be specified by the Secretary at the time of 
     appointment; and
       (ii) may not exceed 4 years.
       (B) An individual who is not a Government official may not 
     serve more than 2 consecutive terms as a Commissioner.
       (b) Alternate Commissioners.--
       (1) Appointment.--The Secretary may, for any anticipated 
     absence of a duly appointed Commissioner at a meeting of the 
     General Council or the Fisheries Commission, designate an 
     individual to serve as an Alternate Commissioner.
       (2) Functions.--An Alternate Commissioner may exercise all 
     powers and perform all duties of the Commissioner for whom 
     the Alternate Commissioner is designated, at any meeting of 
     the General Council or the Fisheries Commission for which the 
     Alternate Commissioner is designated.
       (c) Representatives.--
       (1) Appointment.--The Secretary shall appoint not more than 
     3 individuals to serve as the representatives of the United 
     States on the Scientific Council, who shall each be known as 
     a ``United States Representative to the Northwest Atlantic 
     Fisheries Organization Scientific Council''.
       (2) Eligibility for appointment.--
       (A) The Secretary may not appoint an individual as a 
     Representative unless the individual is knowledgeable and 
     experienced concerning the scientific issues dealt with by 
     the Scientific Council.
       (B) The Secretary shall appoint as a Representative at 
     least 1 individual who is an official of the Government.
       (3) Term.--An individual appointed as a Representative--
       (A) shall serve for a term of not to exceed 4 years, as 
     specified by the Secretary at the time of appointment;
       (B) may be reappointed; and
       (C) shall serve at the pleasure of the Secretary.
       (d) Alternate Representatives.--
       (1) Appointment.--The Secretary may, for any anticipated 
     absence of a duly appointed Representative at a meeting of 
     the Scientific Council, designate an individual to serve as 
     an Alternate Representative.
       (2) Functions.--An Alternate Representative may exercise 
     all powers and perform all duties of the Representative for 
     whom the Alternate Representative is designated, at any 
     meeting of the Scientific Council for which the Alternate 
     Representative is designated.
       (e) Experts and Advisers.--The Commissioners, Alternate 
     Commissioners, Representatives, and Alternate Representatives 
     may be accompanied at meetings of the Organization by experts 
     and advisers.
       (f) Coordination and Consultation.--
       (1) In general.--In carrying out their functions under the 
     Convention, Commissioners, Alternate Commissioners, 
     Representatives, and Alternate Representatives shall--
       (A) coordinate with the appropriate Regional Fishery 
     Management Councils established by section 302 of the 
     Magnuson Act (16 U.S.C. 1852); and
       (B) consult with the committee established under section 
     208.
       (2) Relationship to other law.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to coordination 
     and consultations under this subsection.

     SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE.

       (a) Restriction.--The Representatives may not make a 
     request or specification described in subsection (b)(1) or 
     (2), respectively, unless the Representatives have first--
       (1) consulted with the appropriate Regional Fishery 
     Management Councils; and
       (2) received the consent of the Commissioners for that 
     action.
       (b) Requests and Terms of Reference Described.--The 
     requests and specifications referred to in subsection (a) 
     are, respectively--
       (1) any request, under Article VII(1) of the Convention, 
     that the Scientific Council consider and report on a question 
     pertaining to the scientific basis for the management and 
     conservation of fishery resources in waters under the 
     jurisdiction of the United States within the Convention Area; 
     and
       (2) any specification, under Article VIII(2) of the 
     Convention, of the terms of reference for the consideration 
     of a question referred to the Scientific Council pursuant to 
     Article VII(1) of the Convention.

     SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO 
                   CONVENTION.

       The Secretary of State may, on behalf of the Government of 
     the United States--
       (1) receive and transmit reports, requests, 
     recommendations, proposals, and other communications of and 
     to the Organization and its subsidiary organs;
       (2) object, or withdraw an objection, to the proposal of 
     the Fisheries Commission;
       (3) give or withdraw notice of intent not to be bound by a 
     measure of the Fisheries Commission;
       (4) object or withdraw an objection to an amendment to the 
     Convention; and
       (5) act upon, or refer to any other appropriate authority, 
     any other communication referred to in paragraph (1).

     SEC. 205. INTERAGENCY COOPERATION.

       (a) Authorities of Secretary.--In carrying out the 
     provisions of the Convention and this title, the Secretary 
     may arrange for cooperation with other agencies of the United 
     States, the States, the New England and the Mid-Atlantic 
     Fishery Management Councils, and private institutions and 
     organizations.
       (b) Other Agencies.--The head of any Federal agency may--
       (1) cooperate in the conduct of scientific and other 
     programs, and furnish facilities and personnel, for the 
     purposes of assisting the Organization in carrying out its 
     duties under the Convention; and
       (2) accept reimbursement from the Organization for 
     providing such services, facilities, and personnel.

     SEC. 206. RULEMAKING.

       The Secretary shall promulgate regulations as may be 
     necessary to carry out the purposes and objectives of the 
     Convention and this title. Any such regulation may be made 
     applicable, as necessary, to all persons and all vessels 
     subject to the jurisdiction of the United States, wherever 
     located.

     SEC. 207. PROHIBITED ACTS AND PENALTIES.

       (a) Prohibition.--It is unlawful for any person or vessel 
     that is subject to the jurisdiction of the United States--
       (1) to violate any regulation issued under this title or 
     any measure that is legally binding on the United States 
     under the Convention;
       (2) to refuse to permit any authorized enforcement officer 
     to board a fishing vessel that is subject to the person's 
     control for purposes of conducting any search or inspection 
     in connection with the enforcement of this title, any 
     regulation issued under this title, or any measure that is 
     legally binding on the United States under the Convention;
       (3) forcibly to assault, resist, oppose, impede, 
     intimidate, or interfere with any authorized enforcement 
     officer in the conduct of any search or inspection described 
     in paragraph (2);
       (4) to resist a lawful arrest for any act prohibited by 
     this section;
       (5) to ship, transport, offer for sale, sell, purchase, 
     import, export, or have custody, control, or possession of, 
     any fish taken or retained in violation of this section; or
       (6) to interfere with, delay, or prevent, by any means, the 
     apprehension or arrest of another person, knowing that the 
     other person has committed an act prohibited by this section.
       (b) Civil Penalty.--Any person who commits any act that is 
     unlawful under subsection (a) shall be liable to the United 
     States for a civil penalty, or may be subject to a permit 
     sanction, under section 308 of the Magnuson Act (16 U.S.C. 
     1858).
       (c) Criminal Penalty.--Any person who commits an act that 
     is unlawful under paragraph (2), (3), (4), or (6) of 
     subsection (a) shall be guilty of an offense punishable under 
     section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)).
       (d) Civil Forfeiture.--
       (1) In general.--Any vessel (including its gear, furniture, 
     appurtenances, stores, and cargo) used in the commission of 
     an act that is unlawful under subsection (a), and any fish 
     (or the fair market value thereof) taken or retained, in any 
     manner, in connection with or as a result of the commission 
     of any act that is unlawful under subsection (a), shall be 
     subject to seizure and forfeiture as provided in section 310 
     of the Magnuson Act (16 U.S.C. 1860).
       (2) Disposal of fish.--Any fish seized pursuant to this 
     title may be disposed of pursuant to the order of a court of 
     competent jurisdiction or, if perishable, in a manner 
     prescribed by regulations issued by the Secretary.
       (e) Enforcement.--The Secretary and the Secretary of the 
     department in which the Coast Guard is operating shall 
     enforce the provisions of this title and shall have the 
     authority specified in sections 311(a), (b)(1), and (c) of 
     the Magnuson Act (16 U.S.C. 1861(a), (b)(1), and (c)) for 
     that purpose.
       (f) Jurisdiction of Courts.--The district courts of the 
     United States shall have exclusive jurisdiction over any case 
     or controversy arising under this section and may, at any 
     time--
       (1) enter restraining orders or prohibitions;
       (2) issue warrants, process in rem, or other process;
       (3) prescribe and accept satisfactory bonds or other 
     security; and
       (4) take such other actions as are in the interests of 
     justice.

     SEC. 208. CONSULTATIVE COMMITTEE.

       (a) Establishment.--The Secretary of State and the 
     Secretary, shall jointly establish a consultative committee 
     to advise the Secretaries on issues related to the 
     Convention.
       (b) Membership.--(1) The membership of the Committee shall 
     include representatives from the New England and Mid-Atlantic 
     Fishery Management Councils, the States represented on those 
     Councils, the Atlantic States Marine Fisheries Commission, 
     the fishing industry, the seafood processing industry, and 
     others knowledgeable and experienced in the conservation and 
     management of fisheries in the Northwest Atlantic Ocean.
       (2) Terms and Reappointment.--Each member of the 
     consultative committee shall serve for a term of two years 
     and shall be eligible for reappointment.
       (c) Duties of the Committee.--Members of the consultative 
     committee may attend--
       (1) all public meetings of the General Council or the 
     Fisheries Commission;
       (2) any other meetings to which they are invited by the 
     General Council or the Fisheries Commission; and
       (3) all nonexecutive meetings of the United States 
     Commissioners.
       (d) Relationship to Other Law.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     consultative committee established under this section.

     SEC. 209. ADMINISTRATIVE MATTERS.

       (a) Prohibition on Compensation.--A person shall not 
     receive any compensation from the Government by reason of any 
     service of the person as--
       (1) a Commissioner, Alternate Commissioner, Representative, 
     or Alternative Representative;
       (2) an expert or adviser authorized under section 202(e); 
     or
       (3) a member of the consultative committee established by 
     section 208.
       (b) Travel and Expenses.--The Secretary of State shall, 
     subject to the availability of appropriations, pay all 
     necessary travel and other expenses of persons described in 
     subsection (a)(1) and of not more than six experts and 
     advisers authorized under section 202(e) with respect to 
     their actual performance of their official duties pursuant to 
     this title, in accordance with the Federal Travel Regulations 
     and sections 5701, 5702, 5704 through 5708, and 5731 of title 
     5, United States Code.
       (c) Status as Federal Employees.--A person shall not be 
     considered to be a Federal employee by reason of any service 
     of the person in a capacity described in subsection (a), 
     except for purposes of injury compensation and tort claims 
     liability under chapter 81 of title 5, United States Code, 
     and chapter 17 of title 28, United States Code, respectively.

     SEC. 210. DEFINITIONS.

       In this title the following definitions apply:
       (1) Authorized enforcement officer.--The term ``authorized 
     enforcement officer'' means a person authorized to enforce 
     this title, any regulation issued under this title, or any 
     measure that is legally binding on the United States under 
     the Convention.
       (2) Commissioner.--The term ``Commissioner'' means a United 
     States Commissioner to the Northwest Atlantic Fisheries 
     Organization appointed under section 202(a).
       (3) Convention.--The term ``Convention'' means the 
     Convention on Future Multilateral Cooperation in the 
     Northwest Atlantic Fisheries, done at Ottawa on October 24, 
     1978.
       (4) Fisheries commission.--The term ``Fisheries 
     Commission'' means the Fisheries Commission provided for by 
     Articles II, XI, XII, XIII, and XIV of the Convention.
       (5) General council.--The term ``General Council'' means 
     the General Council provided for by Article II, III, IV, and 
     V of the Convention.
       (6) Magnuson Act.--The term ``Magnuson Act'' means the 
     Magnuson Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.).
       (7) Organization.--The term ``Organization'' means the 
     Northwest Atlantic Fisheries Organization provided for by 
     Article II of the Convention.
       (8) Person.--The term ``person'' means any individual 
     (whether or not a citizen or national of the United States), 
     and any corporation, partnership, association, or other 
     entity (whether or not organized or existing under the laws 
     of any State).
       (9) Representative.--The term ``Representative'' means a 
     United States Representative to the Northwest Atlantic 
     Fisheries Scientific Council appointed under section 202(c).
       (10) Scientific council.--The term ``Scientific Council'' 
     means the Scientific Council provided for by Articles II, VI, 
     VII, VIII, IX, and X of the Convention.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.

     SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title, including use for payment as the United States 
     contribution to the Organization as provided in Article XVI 
     of the Convention, $500,000 for each of the fiscal years 
     1994, 1995, 1996, 1997, and 1998.
          TITLE III--GOVERNING INTERNATIONAL FISHERY AGREEMENT

     SEC. 301. AGREEMENT WITH LITHUANIA.

       Notwithstanding section 203 of the Magnuson Fishery 
     Conservation and Management Act (16 U.S.C. 1823), the 
     governing international fishery agreement between the 
     Government of the United States of America and the government 
     of the Republic of Lithuania, as contained in the message to 
     Congress from the President of the United States dated July 
     18, 1994, is approved as a governing international fishery 
     agreement for the purposes of such Act and shall enter into 
     force and effect with respect to the United States on the 
     date of enactment of this Act.
                TITLE IV--ATLANTIC TUNAS CONVENTION ACT

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Atlantic Tunas Convention 
     Authorization Act of 1994''.

     SEC. 402. RESEARCH AND MONITORING ACTIVITIES.

       (a) Report to Congress.--The Secretary of Commerce shall, 
     within 90 days after the date of enactment of this Act, 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Merchant 
     Marine and Fisheries of the House of Representatives--
       (1) identifying current governmental and nongovernmental 
     research and monitoring activities on Atlantic bluefin tuna 
     and other highly migratory species;
       (2) describing the personnel and budgetary resources 
     allocated to such activities; and
       (3) explaining how each activity contributes to the 
     conservation and management of Atlantic bluefin tuna and 
     other highly migratory species.
       (b) Research and Monitoring Program.--Section 3 of the Act 
     of September 4, 1980 (16 U.S.C. 971i) is amended--
       (1) by amending the section heading to read as follows:

     ``SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.'';

       (2) by inserting ``(a) Biennial Report on Bluefin Tuna.--'' 
     before ``The Secretary of Commerce shall''; and
       (3) by adding at the end the following:
       ``(b) Highly Migratory Species Research and Monitoring.--
       ``(1) Within 6 months after the date of enactment of the 
     Atlantic Tunas Convention Authorization Act of 1994, the 
     Secretary of Commerce, in cooperation with the advisory 
     committee established under section 4 of the Atlantic Tunas 
     Convention Act of 1975 (16 U.S.C. 971b) and in consultation 
     with the United States Commissioners on the International 
     Commission for the Conservation of Atlantic Tunas (referred 
     to elsewhere in this section as the `Commission') and the 
     Secretary of State, shall develop and implement a 
     comprehensive research and monitoring program to support the 
     conservation and management of Atlantic bluefin tuna and 
     other highly migratory species that shall--
       ``(A) identify and define the range of stocks of highly 
     migratory species in the Atlantic Ocean, including Atlantic 
     bluefin tuna; and
       ``(B) provide for appropriate participation by nations 
     which are members of the Commission.
       ``(2) The program shall provide for, but not be limited 
     to--
       ``(A) statistically designed cooperative tagging studies;
       ``(B) genetic and biochemical stock analyses;
       ``(C) population censuses carried out through aerial 
     surveys of fishing grounds;
       ``(D) adequate observer coverage and port sampling of 
     commercial and recreational fishing activity;
       ``(E) collection of comparable real-time data on commercial 
     and recreational catches and landings through the use of 
     permits, logbooks, landing reports for charter operations and 
     fishing tournaments, and programs to provide reliable 
     reporting of the catch by private anglers;
       ``(F) studies of the life history parameters of Atlantic 
     bluefin tuna and other highly migratory species;
       ``(G) integration of data from all sources and the 
     preparation of data bases to support management decisions; 
     and
       ``(H) other research as necessary.
       ``(3) In developing a program under this section, the 
     Secretary shall provide for comparable monitoring of all 
     United States fishermen to which the Atlantic Tunas 
     Convention Act applies with respect to effort and species 
     composition of catch and discards. The Secretary through the 
     Secretary of State shall encourage other member nations to 
     adopt a similar program.''.

     SEC. 403. ADVISORY COMMITTEE PROCEDURES.

       Section 4 of the Atlantic Tunas Convention Act of 1975 (16 
     U.S.C. 971b) is amended--
       (1) by inserting ``(a)'' before ``There''; and
       (2) by adding at the end the following:
       ``(b)(1) A majority of the members of the advisory 
     committee shall constitute a quorum, but one or more such 
     members designated by the advisory committee may hold 
     meetings to provide for public participation and to discuss 
     measures relating to the United States implementation of 
     Commission recommendations.
       ``(2) The advisory committee shall elect a Chairman for a 
     2-year term from among its members.
       ``(3) The advisory committee shall meet at appropriate 
     times and places at least twice a year, at the call of the 
     Chairman or upon the request of the majority of its voting 
     members, the United States Commissioners, the Secretary, or 
     the Secretary of State.
       ``(4)(A) The Secretary shall provide to the advisory 
     committee in a timely manner such administrative and 
     technical support services as are necessary for the effective 
     functioning of the committee.
       ``(B) The Secretary and the Secretary of State shall 
     furnish the advisory committee with relevant information 
     concerning fisheries and international fishery agreements.
       ``(5) The advisory committee shall determine its 
     organization, and prescribe its practices and procedures for 
     carrying out its functions under this Act, the Magnuson 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.), and the Convention. The advisory committee shall 
     publish and make available to the public a statement of its 
     organization, practices, and procedures.
       ``(6) The Federal Advisory Committee Act (5 U.S.C. App.) 
     shall not apply to the advisory committee.''.

     SEC. 404. REGULATIONS.

       Section 6(c)(3) of the Atlantic Tunas Convention Act of 
     1975 (16 U.S.C. 971d(c)(3)) is amended by adding ``or fishery 
     mortality level'' after ``quota of fish'' in the last 
     sentence.

     SEC. 405. FINES AND PERMIT SANCTIONS.

       Section 7(e) of the Atlantic Tunas Convention Act of 1975 
     (16 U.S.C. 971(e)) is amended to read as follows:
       ``(e) The civil penalty and permit sanctions of section 308 
     of the Magnuson Fishery Conservation and Management Act (16 
     U.S.C. 1858) are hereby made applicable to violations of this 
     section as if they were violations of section 307 of that 
     Act.''.

     SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

       Section 10 of the Atlantic Tunas Convention Act of 1975 (16 
     U.S.C. 971h) is amended to read as follows:

       ``AUTHORIZATION OF APPROPRIATIONS.

       ``Sec. 10. There are authorized to be appropriated to carry 
     out this Act, including use for payment of the United States 
     share of the joint expenses of the Commission as provided in 
     article X of the Convention, the following sums:
       ``(1) For fiscal year 1994, $2,750,000, of which $50,000 
     are authorized in the aggregate for the advisory committee 
     established under section 4 and the species working groups 
     established under section 4A, and $1,500,000 are authorized 
     for research activities under this Act.
       ``(2) For fiscal year 1995, $4,000,000, of which $62,000 
     are authorized in the aggregate for such advisory committee 
     and such working groups, and $2,500,000 are authorized for 
     such research activities.
       ``(3) For fiscal year 1996, $4,000,000 of which $75,000 are 
     authorized in the aggregate for such advisory committee and 
     such working groups, and $2,500,000 are authorized for such 
     research activities.''.

     SEC. 407. REPORT AND CERTIFICATION.

       The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et 
     seq.) is amended by adding at the end thereof the following:

       ``ANNUAL REPORT.

       ``Sec. 11. Not later than April 1, 1995, and annually 
     thereafter, the Secretary shall prepare and transmit 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 report, that--
       ``(1) details for the previous 10-year period the catches 
     and exports to the United States of highly migratory species 
     (including tunas, swordfish, marlin and sharks) from nations 
     fishing on Atlantic stocks of such species that are subject 
     to management by the Commission;
       ``(2) identifies those fishing nations whose harvests are 
     inconsistent with conservation and management recommendations 
     of the Commission;
       ``(3) describes reporting requirements established by the 
     Secretary to ensure that imported fish products are in 
     compliance with all international management measures, 
     including minimum size requirements, established by the 
     Commission and other international fishery organizations to 
     which the United States is a party; and
       ``(4) describes actions taken by the Secretary under 
     section 12.

       ``CERTIFICATION

       ``Sec. 12. (a) If the Secretary determines that vessels of 
     any nation are harvesting fish which are subject to 
     regulation pursuant to a recommendation of the Commission and 
     which were taken from the convention area in a manner or 
     under circumstances which would tend to diminish the 
     effectiveness of the conservation recommendations of the 
     Commission, the Secretary shall certify such fact to the 
     President.
       ``(b) Such certification shall be deemed to be a 
     certification for the purposes of section 8 of the 
     Fishermen's Protective Act (22 U.S.C. 1978).
       ``(c) Upon certification under subsection (a), the 
     Secretary shall promulgate regulations under section 6(c)(4) 
     with respect to a nation so certified.''.

     SEC. 408. SENSE OF THE CONGRESS REGARDING CONSERVATION AND 
                   MANAGEMENT OF ATLANTIC BLUEFIN TUNA.

       (a) Finding.--The Congress finds the following:
       (1) Atlantic bluefin tuna are a valuable commercial and 
     recreational fishery of the United States.
       (2) Many other countries also harvest Atlantic bluefin tuna 
     in the Atlantic Ocean and the Mediterranean Sea.
       (3) The International Commission for the Conservation of 
     Atlantic Tunas (hereinafter in this section referred to as 
     the ``Commission''), was established in 1969 to develop 
     conservation and management recommendations for Atlantic 
     bluefin tuna and other highly migratory species in the 
     Atlantic Ocean and the Mediterranean Sea.
       (4) The Commission adopted conservation and management 
     recommendations in 1974 to ensure the recovery and 
     sustainability of Atlantic bluefin tuna throughout the 
     Atlantic Ocean and the Mediterranean Sea.
       (5) In 1981, the Commission adopted a management strategy 
     for Atlantic bluefin tuna predicated on a hypothesis that 2 
     stocks of the fish existed: a western stock found in the 
     Atlantic west of 45 degrees west longitude (hereinafter in 
     this section referred to as the ``45 degree line''), and an 
     eastern stock found in the Atlantic Ocean east of the 45 
     degree line and in the Mediterranean Sea.
       (6) Since 1981, the Commission has adopted additional, more 
     restrictive conservation and management recommendations for 
     Atlantic bluefin tuna for countries that harvest bluefin tuna 
     west of the 45 degree line, including a 25 percent quota 
     reduction since 1991 with an additional 40 percent quota 
     reduction scheduled for 1995.
       (7) The United States and other Commission members that 
     harvest bluefin tuna west of the 45 degree line have 
     implemented all conservation and management recommendations 
     adopted by the Commission for Atlantic bluefin tuna west of 
     the 45 degree line.
       (8) Many other Commission members do not comply with the 
     conservation and management recommendations adopted by the 
     Commission for Atlantic bluefin tuna east of the 45 degree 
     line.
       (9) A recent National Academy of Sciences review of the 
     scientific data used by the Commission concluded that the 
     available data is consistent with a 1-stock management 
     strategy for bluefin tuna in the North Atlantic.
       (10) The National Academy of Sciences review also found 
     that abundance of Atlantic bluefin tuna in the western 
     Atlantic has remained stable since 1988, in contrast to the 
     roughly 50 percent decline in abundance reported by the 
     Commission.
       (11) The continued unrestricted harvesting of Atlantic 
     bluefin tuna east of the 45 degree line and in the 
     Mediterranean Sea will undermine the conservation 
     recommendations being implemented west of the line to rebuild 
     Atlantic bluefin tuna.
       (12) In order to successfully rebuild the Atlantic bluefin 
     tuna stock, conservation and management recommendations must 
     be adopted and implemented throughout the Atlantic Ocean and 
     the Mediterranean Sea.
       (b) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) the United States and the Commission should continue to 
     promote the conservation and management of Atlantic bluefin 
     tuna throughout the Atlantic Ocean and Mediterranean Sea and 
     develop a program to rebuild Atlantic bluefin tuna that 
     requires the participation of all nations that harvest this 
     species;
       (2) the United States should ensure that the scientific 
     findings and recommendations of the National Academy of 
     Sciences Atlantic bluefin tuna review panel are made 
     available to and included in the considerations of the 
     Commission's scientific advisory panel;
       (3) the United States should oppose any further quota 
     reductions for nations harvesting Atlantic bluefin tuna west 
     of the 45 degree line and insist that all nations harvesting 
     Atlantic bluefin tuna west and east of the 45 degree line 
     implement comparable conservation and rebuilding programs for 
     the Atlantic bluefin tuna resource;
       (4) the continued harvesting by fishermen from any country 
     which is a member of the Commission and which does not comply 
     with the conservation and management recommendations of the 
     Commission will be considered by the Congress to diminish the 
     effectiveness of an international fishery conservation 
     program and, as such, will be considered by the Congress to 
     be subject to the embargo provision in section 6 of the 
     Atlantic Tunas Convention Act;
       (5) the United States should encourage other nations with 
     significant markets for Atlantic bluefin tuna to prohibit the 
     importation of that species from harvesting nations which do 
     not comply with the conservation and management 
     recommendations adopted by the Commission; and
       (6) the United States should encourage the Commission to 
     adopt recommendations encouraging the use of trade actions by 
     member nations as enforcement measures when the actions of a 
     nation are undermining the effectiveness of conservation and 
     management recommendations of the Commission.
                  TITLE V--FISHERMEN'S PROTECTIVE ACT

     SEC. 501. FINDINGS.

       The Congress finds that--
       (1) customary international law and the United Nations 
     Convention on the Law of the Sea guarantee the right of 
     passage, including innocent passage, to vessels through the 
     waters commonly referred to as the ``Inside Passage'' off the 
     Pacific Coast of Canada;
       (2) Canada recently required all commercial fishing vessels 
     of the United States to pay 1,500 Canadian dollars to obtain 
     a ``license which authorizes transit'' through the Inside 
     Passage;
       (3) this action was inconsistent with international law, 
     including the United Nations Convention on the Law of the 
     Sea, and, in particular, Article 26 of that Convention, which 
     specifically prohibits such fees, and threatened the safety 
     of United States commercial fishermen who sought to avoid the 
     fee by traveling in less protected waters;
       (4) the Fishermen's Protective Act of 1967 provides for the 
     reimbursement of vessel owners who are forced to pay a 
     license fee to secure the release of a vessel which has been 
     seized, but does not permit reimbursement of a fee paid by 
     the owner in advance in order to prevent a seizure;
       (5) Canada required that the license fee be paid in person 
     in 2 ports on the Pacific Coast of Canada, or in advance by 
     mail;
       (6) significant expense and delay was incurred by 
     commercial fishing vessels of the United States that had to 
     travel from the point of seizure back to one of those ports 
     in order to pay the license fee required by Canada, and the 
     costs of that travel and delay can not be reimbursed under 
     the Fishermen's Protective Act;
       (7) the Fishermen's Protective Act of 1967 should be 
     amended to permit vessel owners to be reimbursed for fees 
     required by a foreign government to be paid in advance in 
     order to navigate in the waters of that foreign country if 
     the United States considers that fee to be inconsistent with 
     international law;
       (8) the Secretary of State should seek to recover from 
     Canada any amounts paid by the United States to reimburse 
     vessel owners who paid the transit license fee;
       (9) the United States should review its current policy with 
     respect to anchorage by commercial fishing vessels of Canada 
     in waters of the United States off Alaska, including waters 
     in and near the Dixon Entrance, and should accord such 
     vessels the same treatment that commercial fishing vessels of 
     the United States are accorded for anchorage in the waters of 
     Canada off British Columbia;
       (10) the President should ensure that, consistent with 
     international law, the United States Coast Guard has 
     available adequate resources in the Pacific Northwest and 
     Alaska to provide for the safety of United States citizens, 
     the enforcement of United States law, and to protect the 
     rights of the United States and keep the peace among vessels 
     operating in disputed waters;
       (11) the President should continue to review all agreements 
     between the United States and Canada to identify other 
     actions that may be taken to convince Canada that any 
     reinstatement of the transit license fee would be against 
     Canada's long-term interests, and should immediately 
     implement any actions which the President deems appropriate 
     if Canada reinstates the fee;
       (12) the President should continue to convey to Canada in 
     the strongest terms that the United States will not now, nor 
     at any time in the future, tolerate any action by Canada 
     which would impede or otherwise restrict the right of passage 
     of vessels of the United States in a manner inconsistent with 
     international law; and
       (13) the United States should redouble its efforts to seek 
     expeditious agreement with Canada on appropriate fishery 
     conservation and management measures that can be implemented 
     through the Pacific Salmon Treaty to address issues of mutual 
     concern.

     SEC. 502. AMENDMENT TO THE FISHERMEN'S PROTECTIVE ACT OF 
                   1967.

       (a) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971 
     et seq.) is amended by adding at the end the following new 
     section:
       ``Sec. 11. (a) In any case on or after June 15, 1994, in 
     which a vessel of the United States exercising its right of 
     passage is charged a fee by the government of a foreign 
     country to engage in transit passage between points in the 
     United States (including a point in the exclusive economic 
     zone or in an area over which jurisdiction is in dispute), 
     and such fee is regarded by the United States as being 
     inconsistent with international law, the Secretary of State 
     shall reimburse the vessel owner for the amount of any such 
     fee paid under protest.
       ``(b) In seeking such reimbursement, the vessel owner shall 
     provide, together with such other information as the 
     Secretary of State may require--
       ``(1) a copy of the receipt for payment;
       ``(2) an affidavit attesting that the owner or the owner's 
     agent paid the fee under protest; and
       ``(3) a copy of the vessel's certificate of documentation.
       ``(c) Requests for reimbursement shall be made to the 
     Secretary of State within 120 days after the date of payment 
     of the fee, or within 90 days after the date of enactment of 
     this section, whichever is later.
       ``(d) Such funds as may be necessary to meet the 
     requirements of this section may be made available from the 
     unobligated balances of previously appropriated funds 
     remaining in the Fishermen's Guaranty Fund established under 
     section 7 and the Fishermen's Protective Fund established 
     under section 9. To the extent that requests for 
     reimbursement under this section exceed such funds, there are 
     authorized to be appropriated such sums as may be needed for 
     reimbursements authorized under subsection (a).
       ``(e) The Secretary of State shall take such action as the 
     Secretary deems appropriate to make and collect claims 
     against the foreign country imposing such fee for any amounts 
     reimbursed under this section.
       ``(f) For purposes of this section, the term `owner' 
     includes any charterer of a vessel of the United States.
       ``(g) This section shall remain in effect until October 1, 
     1995.''.
       (b) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971 
     et seq.) is further amended by adding at the end the 
     following:
       ``Sec. 12. (a) If the Secretary of State finds that the 
     government of any nation imposes conditions on the operation 
     or transit of United States fishing vessels which the United 
     States regards as being inconsistent with international law 
     or an international agreement, the Secretary of State shall 
     certify that fact to the President.
       ``(b) Upon receipt of a certification under subsection (a), 
     the President shall direct the heads of Federal agencies to 
     impose similar conditions on the operation or transit of 
     fishing vessels registered under the laws of the nation which 
     has imposed conditions on United States fishing vessels.
       ``(c) For the purposes of this section, the term `fishing 
     vessel' has the meaning given that term in section 2101(11a) 
     of title 46, United States Code.
       ``(d) It is the sense of the Congress that any action taken 
     by any Federal agency under subsection (b) should be 
     commensurate with any conditions certified by the Secretary 
     of State under subsection (a).''.

     SEC. 503. REAUTHORIZATION.

       (a) Section 7(c) of the Fishermen's Protective Act of 1967 
     (22 U.S.C. 1977(c)) is amended by striking the third 
     sentence.
       (b) Section 7(e) of the Fishermen's Protective Act of 1967 
     (22 U.S.C. 1977(e)) is amended by striking ``October 1, 
     1993'' and inserting ``October 1, 2000''.

     SEC. 504. TECHNICAL CORRECTIONS.

       (a)(1) Section 15(a) of Public Law 103-238 is amended by 
     striking ``April 1, 1994,'' and inserting ``May 1, 1994.''.
       (2) The amendment made by paragraph (1) shall be effective 
     on and after April 30, 1994.
       (b) Section 803(13)(C) of Public Law 102-567 (16 U.S.C. 
     5002(13)(C)) is amended to read as follows:
       ``(C) any vessel supporting a vessel described in 
     subparagraph (A) or (B).''.
       TITLE VI--FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Sea of Okhotsk Fisheries 
     Enforcement Act of 1994''.

     SEC. 602. FISHING PROHIBITION.

       The Central Bering Sea Fisheries Enforcement Act of 1992 
     (16 U.S.C. 1823 note) is amended--
       (1) in section 302, by inserting ``and the Central Sea of 
     Okhotsk'' after ``Central Bering Sea''; and
       (2) in section 306--
       (A) by redesignating paragraphs (2), (3), (4), (5), and (6) 
     in order as paragraphs (3), (4), (5), (6), and (7); and
       (B) by inserting after paragraph (1) the following:
       ``(2) Central Sea of Okhotsk.--The term `Central Sea of 
     Okhotsk' means the central Sea of Okhotsk area which is more 
     than two hundred nautical miles seaward of the baseline from 
     which the breadth of the territorial sea of the Russian 
     Federation is measured.''.
                 TITLE VII--COAST GUARD AUTHORIZATIONS

     SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

       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--
       (A) $3,150,000 shall be derived from the Oil Spill 
     Liability Trust Fund; and
       (B) $1,500,000 is authorized to conduct, in cooperation 
     with appropriate Federal and State agencies, local maritime 
     education organizations, and local marine industry 
     representatives, a demonstration project on the lower 
     Mississippi River and in the Houston Ship Channel to study 
     the effectiveness of currently available Electronic Chart 
     Display and Information Systems (ECDIS) and Electronic Chart 
     Systems (ECS) for use on commercial vessels.
       (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.

     SEC. 702. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
                   TRAINING.

       (a) Active Duty Strength.--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) Military Training Student Loads.--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.

     SEC. 703. DRUG INTERDICTION ACTIVITIES.

       In addition to amounts otherwise authorized by this Act, 
     there are authorized to be appropriated to the Secretary of 
     Transportation for operation and maintenance expenses of 
     Coast Guard drug interdiction activities $21,000,000 for 
     fiscal year 1995.
        TITLE VIII--COAST GUARD PERSONNEL MANAGEMENT IMPROVEMENT

     SEC. 801. HURRICANE ANDREW RELIEF.

       Section 2856 of the National Defense Authorization Act for 
     Fiscal Year 1993 (Public Law 102-484) applies to the military 
     personnel of the Coast Guard who were assigned to, or 
     employed at or in connection with, any Federal facility or 
     installation in the vicinity of Homestead Air Force Base, 
     Florida, including the areas of Broward, Collier, Dade, and 
     Monroe Counties, on or before August 24, 1992, except that--
       (1) funds available to the Coast Guard, not to exceed a 
     total of $25,000, shall be used; and
       (2) the Secretary of Transportation shall administer that 
     section with respect to such personnel.

     SEC. 802. 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. 803. 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:
       ``(d) Reserve members ordered to active duty under this 
     section shall not be counted in computing authorized strength 
     of members on active duty or members in grade under this 
     title or under any other law.''.

     SEC. 804. PROVISION OF CHILD DEVELOPMENT SERVICES.

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

     ``Sec. 515. Child development services

       ``(a) The Commandant may make child development services 
     available for members and civilian employees of the Coast 
     Guard, and thereafter as space is available for members of 
     the Armed Forces and Federal civilian employees. Child 
     development services benefits provided under this section 
     shall be in addition to benefits provided under other laws.
       ``(b)(1) Except as provided in paragraph (2), the 
     Commandant may require that amounts received as fees for the 
     provision of child development services under this section at 
     Coast Guard child development centers be used only for 
     compensation of Coast Guard 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 amounts received as such fees, the 
     Commandant may (to the extent that such compliance would be 
     uneconomical and inefficient) use such amounts--
       ``(A) for the purchase of consumable or disposable items 
     for Coast Guard child development centers; and
       ``(B) if the requirements of such centers for consumable or 
     disposable items for a given fiscal year have been met, for 
     other expenses of those centers.
       ``(c) The Commandant may use Department of Defense or other 
     training programs to insure that all child development 
     services providers under this section meet minimum standards.
       ``(d) The Commandant may provide assistance to members and 
     civilian employees of the Coast Guard for obtaining services 
     of qualified family home child development services 
     providers. The cost per child to the Coast Guard of obtaining 
     those services may not exceed the average of the cost per 
     child incurred by the Coast Guard for child development 
     services provided at all Coast Guard child development 
     centers.
       ``(e)(1) Of the amounts available to the Coast Guard each 
     fiscal year for operating expenses (and in addition to 
     amounts received as fees), the Secretary shall use for child 
     development services under this section an amount equal to 
     the total amount the Commandant estimates will be received by 
     the Coast Guard in the fiscal year as fees for the provision 
     of those services.
       ``(2) The amount of funds used under paragraph (1) each 
     fiscal year shall not exceed $1,000,000.
       ``(f) For purposes of this section, the term `Coast Guard 
     child development center' does not include a child care 
     services facility for which space is allotted under section 
     616 of the Act of December 22, 1987 (40 U.S.C. 490b).
       ``(g) The Secretary shall promulgate regulations to 
     implement this section. The regulations shall establish fees 
     to be charged for child development services provided under 
     this section which are based on total family income.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 13 of title 14, United States Code, is 
     amended by inserting after the item related to section 514 
     the following:

``515. Child development services.''.
      TITLE IX--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT

     SEC. 901. FOREIGN PASSENGER VESSEL USER FEES.

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

     SEC. 902. DOCUMENTATION VIOLATIONS.

       (a) Civil Penalties.--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, if--
       ``(1) the owner of the vessel or a representative or agent 
     of the owner knowingly falsifies or conceals a material fact, 
     or makes a false statement or representation about the 
     documentation or in applying for documentation of the vessel;
       ``(2) a certificate of documentation is knowingly and 
     fraudulently used for the vessel;
       ``(3) the vessel is operated after its endorsement has been 
     denied or revoked under section 12123 of this title;
       ``(4) the vessel is employed in a trade without an 
     appropriate trade endorsement; or
       ``(5) in the case of a documented vessel with only a 
     recreational endorsement, the vessel is operated other than 
     for pleasure.''.
       (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 repealed.
       (d) Termination of Restriction on Command of Recreational 
     Vessels.--
       (1) Termination of restriction.--Subsection (d) of section 
     12110 of title 46, United States Code, is amended--
       (A) by inserting ``, other than a vessel with only a 
     recreational endorsement operating within the territorial 
     waters of the United States,'' after ``A documented vessel''; 
     and
       (B) by redesignating that subsection as subsection (c).
       (2) Conforming amendment.--Section 12111(a)(2) of title 46, 
     United States Code, is amended by inserting before the period 
     the following: ``in violation of section 12110(c) of this 
     title''.

     SEC. 903. CLERICAL AMENDMENT.

       Chapter 121 of title 46, United States Code, is amended--
       (1) by striking the first section 12123; and
       (2) in the table of sections at the beginning of the 
     chapter by striking the first item relating to section 12123.

     SEC. 904. RENEWAL OF HOUSTON-GALVESTON NAVIGATION SAFETY 
                   ADVISORY COMMITTEE AND LOWER MISSISSIPPI RIVER 
                   WATERWAY ADVISORY COMMITTEE.

       The Coast Guard Authorization Act of 1991 (Public Law 102-
     241, 105 Stat. 2208-2235) is amended--
       (1) in section 18 by adding at the end the following:
       ``(h) The Committee shall terminate on October 1, 1999.''; 
     and
       (2) in section 19 by adding at the end the following:
       ``(g) The Committee shall terminate on October 1, 1999.''.
                   TITLE X--MISCELLANEOUS PROVISIONS

     SEC. 1001. 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. 1002. CONTINUING OBLIGATION TO PROVIDE DOCUMENTATION 
                   INFORMATION AT EXISTING LOCATIONS.

       The Secretary of Transportation shall, until October 1, 
     1999, maintain an ability, at Coast Guard offices that are 
     located in the immediate vicinity of former regional vessel 
     documentation offices, to assist the public with information 
     on obtaining, altering, and renewing the documentation of a 
     vessel and on vessel documentation laws and regulations 
     generally.

     SEC. 1003. CONTINUATION OF THE COMMERCIAL FISHING INDUSTRY 
                   VESSEL ADVISORY COMMITTEE.

       Subsection (e)(1) of section 4508 of title 46, United 
     States Code, is amended by striking ``September 30, 1994'' 
     and inserting ``October 1, 1999''.

     SEC. 1004. PROHIBITION ON STATION CLOSURES.

       (a) Prohibition.--The Secretary of Transportation may not 
     close or consolidate any multimission small boat station in 
     fiscal year 1995 until the Secretary has submitted a list of 
     proposed station closures to the Committee on Merchant Marine 
     and Fisheries of the House of Representatives and to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.
       (b) Deadline for Submission.--The Secretary shall submit 
     such list at least 60 days prior to any such closure or 
     consolidation.

     SEC. 1005. RENEWAL OF THE NAVIGATION SAFETY ADVISORY COUNCIL.

       Section 5 of the Inland Navigational Rules Act of 1980 (33 
     U.S.C. 2073) is amended in subsection (d) by striking 
     ``September 30, 1995'' and inserting ``September 30, 2000''.

     SEC. 1006. COAST GUARD RESERVE PEACETIME REQUIREMENTS PLAN.

       No later than February 1, 1995, the Secretary of 
     Transportation shall 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 more fully utilize the Coast Guard Selected 
     Reserve to augment peacetime operations. As part of the plan, 
     the Secretary shall include--
       (1) methods to deliver more cost-effective Coast Guard 
     services by supplementing active duty personnel with Coast 
     Guard reservists while preserving the current level of 
     service to the public;
       (2) methods to more fully integrate the Coast Guard Reserve 
     in peacetime Coast Guard programs, including, but not limited 
     to, search and rescue, marine safety, and marine 
     environmental protection;
       (3) the most effective command structure for the Coast 
     Guard Reserve; and
       (4) a specific estimate of the number of reservists needed 
     to augment peacetime Coast Guard missions under the plan.

     SEC. 1007. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE 
                   OF COAST GUARD VESSELS IN FOREIGN SHIPYARDS.

       (a) Prohibition.--Chapter 5 of title 14, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 96. Prohibition on overhaul, repair, and maintenance 
       of Coast Guard vessels in foreign shipyards

       ``A Coast Guard vessel may not be overhauled, repaired, or 
     maintained in any shipyard located outside the United States, 
     except that this section does not apply to emergency 
     repairs.''.
       (b) Clerical Amendment.--Title 14, United States Code, is 
     amended in the analysis at the beginning of chapter 5 by 
     adding at the end the following:

``96. Prohibition on overhaul, repair, and maintenance of Coast Guard 
              vessels in foreign shipyards.''.

     SEC. 1008. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS.

       Section 31321(a) of title 46, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(4)(A) A bill of sale, conveyance, mortgage, assignment, 
     or related instrument may be filed electronically under 
     regulations prescribed by the Secretary.
       ``(B) A filing made electronically under subparagraph (A) 
     shall not be effective after the 10-day period beginning on 
     the date of the filing unless the original instrument is 
     provided to the Secretary within that 10-day period.''.

     SEC. 1009. SENSE OF THE CONGRESS REGARDING FUNDING FOR COAST 
                   GUARD.

       It is the sense of the Congress that in appropriating 
     amounts for the Coast Guard, the Congress should appropriate 
     amounts adequate to enable the Coast Guard to carry out all 
     extraordinary functions and duties the Coast Guard is 
     required to undertake in addition to its normal functions 
     established by law.

     SEC. 1010. CONTRACTS FOR HEALTH CARE SERVICES.

       (a) Chapter 17 of title 14, United States Code, is amended 
     by inserting after section 644 the following new section:

     ``Sec. 644a. Contracts for health care services

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

``644a. Contracts for health care services.''.

       (c) The amendments made by this section shall take effect 
     on 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.

     SEC. 1011. VESSEL FINANCING.

       (a) Elimination of Mortgagee Restrictions.--Section 
     31322(a) of title 46, United States Code, is amended to read 
     as follows:
       ``(a) A preferred mortgage is a mortgage, whenever made, 
     that--
       ``(1) includes the whole of the vessel;
       ``(2) is filed in substantial compliance with section 31321 
     of this title; and
       ``(3)(A) covers a documented vessel; or
       ``(B) covers a vessel for which an application for 
     documentation is filed that is in substantial compliance with 
     the requirements of chapter 121 of this title and the 
     regulations prescribed under that chapter.''.
       (b) Elimination of Trustee Restrictions.--
       (1) Repeal.--Section 31328 of title 46, United States Code, 
     is repealed.
       (2) Conforming amendment.--Section 31330(b) of title 46, 
     United States Code, is amended in paragraphs (1), (2), and 
     (3) by striking ``31328 or'' each place it appears.
       (c) Removal of Mortgage Restrictions.--Section 9 of the 
     Shipping Act, 1916 (46 App. U.S.C. 808) is amended--
       (1) in subsection (c)--
       (A) by striking ``31328'' and inserting ``12106(e)''; and
       (B) in paragraph (1) by striking ``mortgage,'' each place 
     it appears; and
       (2) in subsection (d)--
       (A) in paragraph (1) by striking ``transfer, or mortgage'' 
     and inserting ``or transfer'';
       (B) in paragraph (2) by striking ``transfers, or 
     mortgages'' and inserting ``or transfers'';
       (C) in paragraph (3)(B) by striking ``transfers, or 
     mortgages'' and inserting ``or transfers''; and
       (D) in paragraph (4) by striking ``transfers, or 
     mortgages'' and inserting ``or transfers''.
       (d) Public Law 74-835 (49 Stat. 1985 et seq.) is amended in 
     section 615 by striking ``, until September 30, 1983,''; by 
     inserting ``use'' after ``this title to''; by striking 
     ``tons'' and inserting ``regulatory tons built''; and by 
     repealing subsection (b).
       (e) Lease Financing.--Section 12106 of title 46, United 
     States Code, is amended by adding at the end the following 
     new subsections:
       ``(e)(1) A certificate of documentation for a vessel may be 
     endorsed with a coastwise endorsement if--
       ``(A) the vessel is eligible for documentation under 
     section 12102;
       ``(B) the vessel is otherwise qualified under this section 
     to be employed in the coastwise trade;
       ``(C) the person that owns the vessel, or any other person 
     that owns or controls the person that owns the vessel, is 
     primarily engaged in leasing or other financing transactions;
       ``(D) the vessel is under a demise charter to a person 
     qualifying as a citizen of the United States for engaging in 
     the coastwise trade under section 2 of the Shipping Act, 
     1916; and
       ``(E) the demise charter is for--
       ``(i) a period of at least 3 years; or
       ``(ii) such shorter period as may be prescribed by the 
     Secretary.
       ``(2) On termination of a demise charter required under 
     paragraph (1)(D), the coastwise endorsement may be continued 
     for a period not to exceed 6 months on any terms and 
     conditions that the Secretary of Transportation may 
     prescribe.
       ``(f) For purposes of the first proviso of section 27 of 
     the Merchant Marine Act, 1920, section 2 of the Shipping Act, 
     1916, and section 12102(a), a vessel meeting the criteria of 
     subsection (d) or (e) is deemed to be owned exclusively by 
     citizens of the United States.''.

     SEC. 1012. REPEAL OF GREAT LAKES ENDORSEMENTS.

       (a) Repeal.--Section 12107 of title 46, United States Code, 
     is repealed.
       (b) Conforming Amendments.--
       (1) The analysis at the beginning of chapter 121 of title 
     46, United States Code, is amended by striking the item 
     relating to section 12107.
       (2) Section 12101(b)(3) of title 46, United States Code, is 
     repealed.
       (3) Section 4370(a) of the Revised Statutes of the United 
     States (46 App. U.S.C. 316(a)) is amended by striking ``or 
     12107''.
       (4) Section 2793 of the Revised Statutes of the United 
     States (46 App. U.S.C. 111, 123; 19 U.S.C. 288) is amended by 
     striking ``coastwise, Great Lakes'' and inserting 
     ``registry''.
       (5) Section 441(6) of the Tariff Act of 1930 (19 U.S.C. 
     1441) is amended by striking ``with a Great Lakes endorsement 
     when towing vessels'' and inserting ``when towing vessels on 
     the Great Lakes or their tributary or connecting waters''.
       (6) Public Law 74-835 (49 Stat. 1985 et seq.) is amended in 
     section 805(a) by striking ``1935'' each place it appears and 
     inserting ``1993''; and by repealing sections 605(c) and 610.
                 TITLE XI--RECREATIONAL BOATING SAFETY

     SEC. 1101. SHORT TITLE.

       This title may be cited as the ``Recreational Boating 
     Safety Improvement Act of 1994''.

     SEC. 1102. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN.

       (a) Prohibition.--Section 4307(a) of title 46, United 
     States Code, is amended--
       (1) in paragraph (2) by striking ``or'' after the semicolon 
     at the end;
       (2) in paragraph (3) by striking the period and inserting 
     ``; 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 further amended by adding at the end 
     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. 1103. 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) in order 
     as subsections (b), (c), and (d);
       (2) by inserting before subsection (b) (as so redesignated) 
     the following new subsection:
       ``(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 States that--
       ``(i) 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 an individual is 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) in subsection (b) (as so redesignated) in the matter 
     preceding paragraph (1) by inserting ``the balance of 
     remaining'' after ``allocate''; 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. 1104. 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. 1105. 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. 1106. 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 XII--COAST GUARD REGULATORY REFORM

     SEC. 1201. SHORT TITLE.

       This title may be cited as the ``Coast Guard Regulatory 
     Reform Act of 1994''.

     SEC. 1202. SAFETY MANAGEMENT.

       (a) Management of Vessels.--Title 46, United States Code, 
     is amended by adding after chapter 31 the following new 
     chapter:

                  ``CHAPTER 32--MANAGEMENT OF VESSELS

``Sec.
``3201. Definitions.
``3202. Application.
``3203. Safety management system.
``3204. Implementation of safety management system.
``3205. Certification.

     ``Sec. 3201. Definitions

       ``In this chapter--
       ``(1) `International Safety Management Code' has the same 
     meaning given that term in chapter IX of the Annex to the 
     International Convention for the Safety of Life at Sea, 1974;
       ``(2) `responsible person' means--
       ``(A) the owner of a vessel to which this chapter applies; 
     or
       ``(B) any other person that has--
       ``(i) assumed the responsibility for operation of a vessel 
     to which this chapter applies from the owner; and
       ``(ii) agreed to assume with respect to the vessel 
     responsibility for complying with all the requirements of 
     this chapter and the regulations prescribed under this 
     chapter.
       ``(3) `vessel engaged on a foreign voyage' means a vessel 
     to which this chapter applies--
       ``(A) arriving at a place under the jurisdiction of the 
     United States from a place in a foreign country;
       ``(B) making a voyage between places outside the United 
     States; or
       ``(C) departing from a place under the jurisdiction of the 
     United States for a place in a foreign country.

     ``Sec. 3202. Application

       ``(a) Mandatory Application.--This chapter applies to the 
     following vessels engaged on a foreign voyage:
       ``(1) Beginning July 1, 1998--
       ``(A) a vessel transporting more than 12 passengers 
     described in section 2101(21)(A) of this title; and
       ``(B) a tanker, bulk freight vessel, or high-speed freight 
     vessel, of at least 500 gross tons.
       ``(2) Beginning July 1, 2002, a freight vessel and a mobile 
     offshore drilling unit of at least 500 gross tons.
       ``(b) Voluntary Application.--This chapter applies to a 
     vessel not described in subsection (a) of this section if the 
     owner of the vessel requests the Secretary to apply this 
     chapter to the vessel.
       ``(c) Exception.--Except as provided in subsection (b) of 
     this section, this chapter does not apply to--
       ``(1) a barge;
       ``(2) a recreational vessel not engaged in commercial 
     service;
       ``(3) a fishing vessel;
       ``(4) a vessel operating on the Great Lakes or its 
     tributary and connecting waters; or
       ``(5) a public vessel.

     ``Sec. 3203. Safety management system

       ``(a) In General.--The Secretary shall prescribe 
     regulations which establish a safety management system for 
     responsible persons and vessels to which this chapter 
     applies, including--
       ``(1) a safety and environmental protection policy;
       ``(2) instructions and procedures to ensure safe operation 
     of those vessels and protection of the environment in 
     compliance with international and United States law;
       ``(3) defined levels of authority and lines of 
     communications between, and among, personnel on shore and on 
     the vessel;
       ``(4) procedures for reporting accidents and 
     nonconformities with this chapter;
       ``(5) procedures for preparing for and responding to 
     emergency situations; and
       ``(6) procedures for internal audits and management reviews 
     of the system.
       ``(b) Compliance With Code.--Regulations prescribed under 
     this section shall be consistent with the International 
     Safety Management Code with respect to vessels engaged on a 
     foreign voyage.

     ``Sec. 3204. Implementation of safety management system

       ``(a) Safety Management Plan.--Each responsible person 
     shall establish and submit to the Secretary for approval a 
     safety management plan describing how that person and vessels 
     of the person to which this chapter applies will comply with 
     the regulations prescribed under section 3203(a) of this 
     title.
       ``(b) Approval.--Upon receipt of a safety management plan 
     submitted under subsection (a), the Secretary shall review 
     the plan and approve it if the Secretary determines that it 
     is consistent with and will assist in implementing the safety 
     management system established under section 3203.
       ``(c) Prohibition on Vessel Operation.--A vessel to which 
     this chapter applies under section 3202(a) may not be 
     operated without having on board a Safety Management 
     Certificate and a copy of a Document of Compliance issued for 
     the vessel under section 3205 of this title.

     ``Sec. 3205. Certification

       ``(a) Issuance of Certificate and Document.--After 
     verifying that the responsible person for a vessel to which 
     this chapter applies and the vessel comply with the 
     applicable requirements under this chapter, the Secretary 
     shall issue for the vessel, on request of the responsible 
     person, a Safety Management Certificate and a Document of 
     Compliance.
       ``(b) Maintenance of Certificate and Document.--A Safety 
     Management Certificate and a Document of Compliance issued 
     for a vessel under this section shall be maintained by the 
     responsible person for the vessel as required by the 
     Secretary.
       ``(c) Verification of Compliance.--The Secretary shall--
       ``(1) periodically review whether a responsible person 
     having a safety management plan approved under section 
     3204(b) and each vessel to which the plan applies is 
     complying with the plan; and
       ``(2) revoke the Secretary's approval of the plan and each 
     Safety Management Certificate and Document of Compliance 
     issued to the person for a vessel to which the plan applies, 
     if the Secretary determines that the person or a vessel to 
     which the plan applies has not complied with the plan.
       ``(d) Enforcement.--At the request of the Secretary, the 
     Secretary of the Treasury shall withhold or revoke the 
     clearance required by section 4197 of the Revised Statutes 
     (46 App. U.S.C. 91) of a vessel that is subject to this 
     chapter under section 3202(a) of this title or to the 
     International Safety Management Code, if the vessel does not 
     have on board a Safety Management Certificate and a copy of a 
     Document of Compliance for the vessel. Clearance may be 
     granted on filing a bond or other surety satisfactory to the 
     Secretary.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of subtitle II of title 46, United States Code, is 
     amended by inserting after the item relating to chapter 31 
     the following:

``32. Management of vessels.................................3201''.....

       (c) Study.--
       (1) Study.--The Secretary of the department in which the 
     Coast Guard is operating shall conduct, in cooperation with 
     the owners, charterers, and managing operators of vessels 
     documented under chapter 121 of title 46, United States Code, 
     and other interested persons, a study of the methods that may 
     be used to implement and enforce the International Management 
     Code for the Safe Operation of Ships and for Pollution 
     Prevention under chapter IX of the Annex to the International 
     Convention for the Safety of Life at Sea, 1974.
       (2) Report.--The Secretary shall submit to the Congress a 
     report of the results of the study required under paragraph 
     (1) before the earlier of--
       (A) the date that final regulations are prescribed under 
     section 3203 of title 46, United States Code (as enacted by 
     subsection (a); or
       (B) the date that is 1 year after the date of enactment of 
     this Act.

     SEC. 1203. USE OF REPORTS, DOCUMENTS, RECORDS, AND 
                   EXAMINATIONS OF OTHER PERSONS.

       (a) Reports, Documents, and Records.--Chapter 31 of title 
     46, United States Code, is amended by adding the following 
     new section:

     ``Sec. 3103. Use of reports, documents, and records

       ``The Secretary may rely, as evidence of compliance with 
     this subtitle, on--
       ``(1) reports, documents, and records of other persons who 
     have been determined by the Secretary to be reliable; and
       ``(2) other methods the Secretary has determined to be 
     reliable.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     31 of title 46, United States Code, is amended by adding at 
     the end the following:

``3103. Use of reports, documents, and records.''.

       (c) Examinations.--Section 3308 of title 46, United States 
     Code, is amended by inserting ``or have examined'' after 
     ``examine''.

     SEC. 1204. EQUIPMENT APPROVAL.

       (a) In General.--Section 3306(b) of title 46, United States 
     Code, is amended to read as follows:
       ``(b)(1) Equipment and material subject to regulation under 
     this section may not be used on any vessel without prior 
     approval of the Secretary.
       ``(2) Except with respect to use on a public vessel, the 
     Secretary may treat an approval of equipment or materials by 
     a foreign government as approval by the Secretary for 
     purposes of paragraph (1) if the Secretary determines that--
       ``(A) the design standards and testing procedures used by 
     that government meet the requirements of the International 
     Convention for the Safety of Life at Sea, 1974;
       ``(B) the approval of the equipment or material by the 
     foreign government will secure the safety of individuals and 
     property on board vessels subject to inspection; and
       ``(C) for lifesaving equipment, the foreign government--
       ``(i) has given equivalent treatment to approvals of 
     lifesaving equipment by the Secretary; and
       ``(ii) otherwise ensures that lifesaving equipment approved 
     by the Secretary may be used on vessels that are documented 
     and subject to inspection under the laws of that country.''.
       (b) Foreign Approvals.--The Secretary of Transportation, in 
     consultation with other interested Federal agencies, shall 
     work with foreign governments to have those governments 
     approve the use of the same equipment and materials on 
     vessels documented under the laws of those countries that the 
     Secretary requires on United States documented vessels.
       (c) Technical Amendment.--Section 3306(a)(4) of title 46, 
     United States Code, is amended by striking ``clauses (1)-
     (3)'' and inserting ``paragraphs (1), (2), and (3)''.

     SEC. 1205. FREQUENCY OF INSPECTION.

       (a) Frequency of Inspection, Generally.--Section 3307 of 
     title 46, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``nautical school vessel'' and inserting 
     ``, nautical school vessel, and small passenger vessel 
     allowed to carry more than 12 passengers on a foreign 
     voyage''; and
       (B) by adding ``and'' after the semicolon at the end;
       (2) by striking paragraph (2) and redesignating paragraph 
     (3) as paragraph (2); and
       (3) in paragraph (2) (as so redesignated), by striking ``2 
     years'' and inserting ``5 years''.
       (b) Conforming Amendment.--Section 3710(b) of title 46, 
     United States Code, is amended by striking ``24 months'' and 
     inserting ``5 years''.

     SEC. 1206. CERTIFICATE OF INSPECTION.

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

     SEC. 1207. DELEGATION OF AUTHORITY OF SECRETARY TO 
                   CLASSIFICATION SOCIETIES.

       (a) Authority To Delegate.--Section 3316 of title 46, 
     United States Code, is amended--
       (1) by striking subsections (a) and (d);
       (2) by redesignating subsections (b) and (c) as subsections 
     (a) and (b), respectively; and
       (3) in subsection (b), as so redesignated, by--
       (A) redesignating paragraph (2) as paragraph (3); and
       (B) striking so much of the subsection as precedes 
     paragraph (3), as so redesignated, and inserting the 
     following:
       ``(b)(1) The Secretary may delegate to the American Bureau 
     of Shipping or another classification society recognized by 
     the Secretary as meeting acceptable standards for such a 
     society, for a vessel documented or to be documented under 
     chapter 121 of this title, the authority to--
       ``(A) review and approve plans required for issuing a 
     certificate of inspection required by this part;
       ``(B) conduct inspections and examinations; and
       ``(C) issue a certificate of inspection required by this 
     part and other related documents.
       ``(2) The Secretary may make a delegation under paragraph 
     (1) to a foreign classification society only--
       ``(A) to the extent that the government of the foreign 
     country in which the society is headquartered delegates 
     authority and provides access to the American Bureau of 
     Shipping to inspect, certify, and provide related services to 
     vessels documented in that country; and
       ``(B) if the foreign classification society has offices and 
     maintains records in the United States.''.
       (b) Conforming Amendments.--(1) The heading for section 
     3316 of title 46, United States Code, is amended to read as 
     follows:

     ``Sec. 3316. Classification societies''.

       (2) The table of sections for chapter 33 of title 46, 
     United States Code, is amended by striking the item relating 
     to section 3316 and inserting the following:

``3316. Classification societies.''.

     SEC. 1208. STUDY OF MARINE CASUALTY REPORTING REQUIREMENTS.

       The Coast Guard shall, within 9 months after the effective 
     date of this title, conduct a study of current regulatory 
     requirements regarding the reporting of marine casualties 
     under section 6101 of title 46, United States Code, to 
     determine whether--
       (1) marine casualties should be classified according to the 
     seriousness of nonfatal casualties;
       (2) further regulations pertaining to the necessity for 
     alcohol and drug testing for each classification need to be 
     proposed;
       (3) the regulations may exclude certain non-serious 
     casualties from the requirement that drug or alcohol testing 
     be performed; and
       (4) the reporting of certain marine casualties that may be 
     classified as minor may be done on a quarterly basis.
          TITLE XIII--UNITED STATES CRUISE VESSEL DEVELOPMENT

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``United States Cruise 
     Vessel Development Act''.

     SEC. 1302. PURPOSE.

       The purpose of this title is to promote construction and 
     operation of United States flag cruise vessels in the United 
     States.

     SEC. 1303. COASTWISE TRANSPORTATION OF PASSENGERS.

       Section 8 of the Act entitled ``An Act to abolish certain 
     fees for official services to American vessels, and to amend 
     the laws relating to shipping commissioners, seamen, and 
     owners of vessels, and for other purposes'', approved June 
     19, 1886 (46 App. U.S.C. 289), is amended to read as follows:

     ``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.

       ``(a) In General.--Except as otherwise provided by law, a 
     vessel may transport passengers in coastwise trade only if--
       ``(1) the vessel is owned by a person that is--
       ``(A) an individual who is a citizen of the United States; 
     or
       ``(B) a corporation, partnership, or association that is a 
     citizen of the United States under section 2(a) of the 
     Shipping Act, 1916;
       ``(2) the vessel meets the requirements of section 27 of 
     the Merchant Marine Act, 1920; and
       ``(3) for a vessel that is at least 5 net tons, the vessel 
     is issued a certificate of documentation under chapter 121 of 
     title 46, United States Code, with a coastwise endorsement.
       ``(b) Exception for Vessel Under Demise Charter.--
       ``(1) In general.--Subsection (a)(1) does not apply to a 
     cruise vessel operating under a demise charter that--
       ``(A) has a term of at least 18 months; and
       ``(B) is to a person described in subsection (a)(1).
       ``(2) Extension of period for operation.--A cruise vessel 
     authorized to operate in coastwise trade under paragraph (1) 
     based on a demise charter described in paragraph (1) may 
     operate in that coastwise trade during a period following the 
     termination of the charter of not more than 6 months, if the 
     operation--
       ``(A) is approved by the Secretary; and
       ``(B) in accordance with such terms as may be prescribed by 
     the Secretary for that approval.
       ``(c) Exception for Vessel To Be Reflagged.--
       ``(1) Exception.--Subsection (a)(2) and section 
     12106(a)(2)(A) of title 46, United States Code, do not apply 
     to a cruise vessel if--
       ``(A) the vessel--
       ``(i) is not documented under chapter 121 of title 46, 
     United States Code, on the date of enactment of the United 
     States Cruise Vessel Development Act; and
       ``(ii) is not less than 5 years old and not more than 15 
     years old on the first date that the vessel is documented 
     under that chapter after that date of enactment; and
       ``(B) the owner or charterer of the vessel has entered into 
     a contract for the construction in the United States of 
     another cruise vessel that has a total berth or stateroom 
     capacity that is at least 80 percent of the capacity of the 
     cruise vessel.
       ``(2) Termination of authority to operate.--Paragraph (1) 
     does not apply to a vessel after the date that is 18 months 
     after the date on which a certificate of documentation with a 
     coastwise endorsement is first issued for the vessel after 
     the date of enactment of the United States Cruise Vessel 
     Development Act if, before the end of that 18-month period, 
     the keel of another vessel has not been laid, or another 
     vessel is not at a similar stage of construction, under a 
     contract required for the vessel under paragraph (1)(B).
       ``(3) Extension of period before termination.--The 
     Secretary of Transportation may extend the period under 
     paragraph (2) for not more than 6 months for good cause 
     shown.
       ``(d) Limitation on Operations.--A person (including a 
     related person with respect to that person) that owns or 
     charters a cruise vessel operating in coastwise trade under 
     subsection (b) or (c) under a coastwise endorsement may not 
     operate any vessel between--
       ``(1) any 2 ports served by another cruise vessel that 
     transports passengers in coastwise trade under subsection (a) 
     on the date the Secretary issues the coastwise endorsement; 
     or
       ``(2) the islands of Hawaii.
       ``(e) Penalties.--
       ``(1) Civil penalty.--A person operating a vessel in 
     violation of this section is liable to the United States 
     Government for a civil penalty of $1,000 for each passenger 
     transported in violation of this section.
       ``(2) Forfeiture.--A vessel operated in knowing violation 
     of this section, and its equipment, are liable to seizure by 
     and forfeiture to the United States Government.
       ``(3) Disqualification from coastwise trade.--A person that 
     is required to enter into a construction contract under 
     subsection (c)(1)(B) with respect to a cruise vessel 
     (including any related person with respect to that person) 
     may not own or operate any vessel in coastwise trade after 
     the period applicable under subsection (c)(2) with respect to 
     the cruise vessel, if before the end of that period a keel is 
     not laid and a similar stage of construction is not reached 
     under such a contract.
       ``(f) Definitions.--In this section--
       ``(1) the term `coastwise trade' includes transportation of 
     a passenger between points in the United States, either 
     directly or by way of a foreign port;
       ``(2) the term `cruise vessel' means a vessel that--
       ``(A) is at least 10,000 gross tons (as measured under 
     chapter 143 of title 46, United States Code);
       ``(B) has berth or stateroom accommodations for at least 
     200 passengers; and
       ``(C) is not a ferry; and
       ``(3) the term `related person' means, with respect to a 
     person--
       ``(A) a holding company, subsidiary, affiliate, or 
     association of the person; and
       ``(B) an officer, director, or agent of the person or of an 
     entity referred to in subparagraph (A).''.

     SEC. 1304. CONSTRUCTION STANDARDS.

       Section 3309 of title 46, United States Code, is amended by 
     adding at the end the following:
       ``(d)(1) A vessel described in paragraph (3) is deemed to 
     comply with parts B and C of this subtitle.
       ``(2) The Secretary shall issue a certificate of inspection 
     under subsection (a) to a vessel described in paragraph (3).
       ``(3) A vessel is described in this paragraph if--
       ``(A) it meets the standards and conditions for the 
     issuance of a control verification certificate to a foreign 
     vessel embarking passengers in the United States;
       ``(B) a coastwise endorsement is issued for the vessel 
     under section 12106 of this title after the date of enactment 
     of the United States Cruise Vessel Development Act; and
       ``(C) the vessel is authorized to engage in coastwise trade 
     by reason of section 8(c) of the Act entitled `An Act to 
     abolish certain fees for official services to American 
     vessels, and to amend the laws relating to shipping 
     commissioners, seamen, and owners of vessels, and for other 
     purposes', approved June 19, 1886.''.

     SEC. 1305. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION.

       Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), 
     is amended--
       (1) in subsection (a) by inserting ``other than primarily 
     in the transport of passengers,'' after ``the coastwise 
     trade''; and
       (2) by adding at the end the following:
       ``(e) For purposes of determining citizenship under 
     subsection (a) with respect to operation of a vessel 
     primarily in the transport of passengers in coastwise trade, 
     the controlling interest in a partnership or association that 
     owns the vessel shall not be deemed to be owned by citizens 
     of the United States unless a majority interest in the 
     partnership or association is owned by citizens of the United 
     States free from any trust or fiduciary obligation in favor 
     of any person that is not a citizen of the United States.''.

     SEC. 1306. LOAN GUARANTEES.

       Title XI of the Act of June 29, 1936 (46 App. U.S.C. 1271 
     et seq.), is amended--
       (1) in section 1101(b), by striking ``passenger cargo'' and 
     inserting ``passenger, cargo,''; and by striking ``owned by 
     citizens of the United States'';
       (2) in section 1104B(a), in the material preceding 
     paragraph (1), by striking ``owned by citizens of the United 
     States'';
       (3) in section 1110(a), by striking ``owned by citizens of 
     the United States''; and
       (4) in section 1103, by adding at the end the following:
       ``(g) Notwithstanding any other law, the cost of a loan 
     guarantee commitment entered into under this title shall be 
     calculated using only the projected cost of that individual 
     guarantee.''.

     SEC. 1307. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL 
                   PARK SYSTEM.

       (a) Priority.--Notwithstanding any other provision of law, 
     the Secretary of the Interior may not permit a person to 
     operate a vessel in any unit of the National Park System 
     except in accordance with the following priority:
       (1) First, any person that--
       (A) will operate a vessel that is documented under the laws 
     of, and the home port of which is located in, the United 
     States; or
       (B) holds rights to provide visitor services under section 
     1307(a) of the Alaska National Interest Lands Conservation 
     Act (16 U.S.C. 3197(A)).
       (2) Second, any person that will operate a vessel that--
       (A) is documented under the laws of a foreign country, and
       (B) on the date of the enactment of this Act is permitted 
     to be operated by the person in the unit.
       (3) Third, any person that will operate a vessel other than 
     a vessel described in paragraph (1) or (2).
       (b) Revocation of Permits for Foreign-Documented Vessels.--
     The Secretary of the Interior shall revoke or refuse to renew 
     permission granted by the Secretary for the operation of a 
     vessel documented under the laws of a foreign country in a 
     unit of the National Park System, if--
       (1) a person requests permission to operate a vessel 
     documented under the laws of the United States in that unit; 
     and
       (2) the permission may not be granted because of a limit on 
     the number of permits that may be issued for that operation.
       (c) Restrictions on Revocation of Permits.--The Secretary 
     of the Interior may not revoke or refuse to renew permission 
     under subsection (b) for any person holding rights to provide 
     visitor services under section 1307(a) of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3197(a)).
       (d) Return of Permits.--Any person whose permission to 
     provide visitors services in a unit of the National Park 
     System has been revoked or not renewed under subsection (b) 
     shall have the right of first refusal to a permit to provide 
     visitors services in that unit of the National Park System 
     that becomes available when the conditions described in 
     subsection (b) no longer apply. Such right shall be limited 
     to the number of permits which are revoked or not renewed.
                     TITLE XIV--BOATING IMPROVEMENT

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``Boating Improvement Act of 
     1994''.

     SEC. 1402. BOATING SAFETY GRANTS.

       (a) Transfer of Amounts for State Boating Safety 
     Programs.--
       (1) Transfers.--Section 4(b) of the Act of August 9, 1950 
     (16 U.S.C. 777c(b)), is amended to read as follows:
       ``(b)(1) Of the balance of each annual appropriation 
     remaining after making the distribution under subsection (a), 
     an amount equal to $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 State 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 1403(e) of the Boating 
     Improvement Act of 1994; and
       ``(ii) grants under section 5604(c) of the Clean Vessel Act 
     of 1992.
     Any portion of such a sum available for a fiscal year that is 
     not obligated for those grants before the end of the 
     following fiscal year shall be transferred to the Secretary 
     of Transportation and shall be expended by the Secretary of 
     Transportation for State recreational boating safety programs 
     under section 13106 of title 46, United States Code.
       ``(2)(A) Beginning with fiscal year 1996, the amount 
     transferred under paragraph (1)(B) for a fiscal year shall be 
     reduced by the lesser of--
       ``(i) the amount appropriated to the Secretary of 
     Transportation for that fiscal year to carry out the purposes 
     of section 13106 of title 46, United States Code, from the 
     Boat Safety Account in the Aquatic Resources Trust Fund 
     established under section 9504 of the Internal Revenue Code 
     of 1986; or
       ``(ii) $35,000,000; or
       ``(iii) for fiscal year 1996 only, $30,000,000.
       ``(B) The amount of any reduction under subparagraph (A) 
     shall be apportioned among the several States under 
     subsection (d) by the Secretary of the Interior.''.
       (2) Conforming amendment.--Section 5604(c)(1) of the Clean 
     Vessel Act of 1992 (33 U.S.C. 1322 note) is amended by 
     striking ``section 4(b)(2) of the Act of August 9, 1950 (16 
     U.S.C. 777c(b)(2), as amended by this Act)'' and inserting 
     ``section 4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 
     777c(b)(1))''.
       (3) Excess fy 1995 boat safety account funds transfer.--
     Notwithstanding any other provision of law, $20,000,000 of 
     the annual appropriation from the Sport Fish Restoration 
     Account in fiscal year 1996 made in accordance with the 
     provisions of section 3 of the Act of August 9, 1950 (16 
     U.S.C. 777b), shall be excluded from the calculation of 
     amounts to be distributed under section 4(a) of such Act (16 
     U.S.C. 777c(a)).
       (b) Expenditure of Amounts for State Recreational Boating 
     Safety Programs.--Section 13106 of title 46, United States 
     Code, is amended--
       (1) in subsection (a)(1) by striking the first sentence and 
     inserting the following: ``Subject to paragraph (2), the 
     Secretary shall expend under contracts with States under this 
     chapter in each fiscal year for State recreational boating 
     safety programs an amount equal to the sum of the amount 
     appropriated from the Boat Safety Account for that fiscal 
     year plus the amount transferred to the Secretary under 
     section 4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 
     777c(b)(1)) for that fiscal year.''; and
       (2) by amending subsection (c) to read as follows:
       ``(c) For expenditure under this chapter for State 
     recreational boating safety programs there are authorized to 
     be appropriated to the Secretary of Transportation from the 
     Boat Safety Account established under section 9503(c)(4) of 
     the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4)) not 
     more than $35,000,000 each fiscal year.''.

     SEC. 1403. BOATING ACCESS.

       (a) Findings.--The Congress makes the following findings:
       (1) Nontrailerable recreational motorboats contribute 15 
     percent of the gasoline taxes deposited in the Aquatic 
     Resources Trust Fund while constituting less than 5 percent 
     of the recreational vessels in the United States.
       (2) The majority of recreational vessel access facilities 
     constructed with Aquatic Resources Trust Fund moneys benefit 
     trailerable recreational vessels.
       (3) More Aquatic Resources Trust Fund moneys should be 
     spent on recreational vessel access facilities that benefit 
     recreational vessels that are nontrailerable vessels.
       (b) Purpose.--The purpose of this section is to provide 
     funds to States for the development of public facilities for 
     transient nontrailerable vessels.
       (c) Survey.--Within 18 months after the date of the 
     enactment of this Act, any State may complete and submit to 
     the Secretary of the Interior a survey which identifies--
       (1) the number and location in the State of all public 
     facilities for transient nontrailerable vessels; and
       (2) the number and areas of operation in the State of all 
     nontrailerable vessels that operate on navigable waters in 
     the State.
       (d) Plan.--Within 6 months after submitting a survey to the 
     Secretary of the Interior in accordance with subsection (c), 
     a State may develop and submit to the Secretary of the 
     Interior a plan for the construction and renovation of public 
     facilities for transient nontrailerable vessels to meet the 
     needs of nontrailerable vessels operating on navigable waters 
     in the State.
       (e) Grant Program.--
       (1) Matching grants.--The Secretary of the Interior 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 
     1402(a)(1) of this title, to make grants to any State to pay 
     not more than 75 percent of the cost of constructing or 
     renovating public facilities for transient nontrailerable 
     vessels.
       (2) Priorities.--
       (A) In general.--In awarding grants under this subsection, 
     the Secretary of the Interior shall give priority to projects 
     that consist of the construction or renovation of public 
     facilities for transient nontrailerable vessels in accordance 
     with a plan submitted by a State submitted under subsection 
     (b).
       (B) Within state.--In awarding grants under this subsection 
     for projects in a particular State, the Secretary of the 
     Interior shall give priority to projects that are likely to 
     serve the greatest number of nontrailerable vessels.

     SEC. 1404. DEFINITIONS.

       For the purpose of this title the term--
       (1) ``Act of August 9, 1950'' means the Act entitled ``An 
     Act to provide that the United States shall aid the States in 
     fish restoration and management projects, and for other 
     purposes'', approved August 9, 1950 (16 U.S.C. 777a et seq.);
       (2) ``nontrailerable vessel'' means a recreational vessel 
     greater than 26 feet in length;
       (3) ``public facilities for transient nontrailerable 
     vessels'' means mooring buoys, day-docks, seasonal slips or 
     similar structures located on navigable waters, that are 
     available to the general public and designed for temporary 
     use by nontrailerable vessels;
       (4) ``recreational vessel'' means a vessel--
       (A) operated primarily for pleasure; or
       (B) leased, rented, or chartered to another for the 
     latter's pleasure; and
       (5) ``State'' means each of the several States of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, Guam, American Samoa, the United States Virgin 
     Islands, and the Commonwealth of the Northern Mariana 
     Islands.
              TITLE XV--TOWING VESSEL NAVIGATIONAL SAFETY

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``Towing Vessel Navigational 
     Safety Act of 1994''.

     SEC. 1502. 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 shall--
       ``(A) consider the characteristics, methods of operation, 
     and nature of the service of towing vessels;
       ``(B) consult with the Towing Safety Advisory Committee; 
     and
       ``(C) require, to the extent appropriate, the installation, 
     maintenance, and use of and familiarity with 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) An electronic position-fixing device.
       ``(iii) A sonic depth finder.
       ``(iv) A compass or swing meter.
       ``(v) Adequate towing wire and associated equipment.
       ``(vi) Up-to-date navigational charts and publications for 
     the areas normally transited by the vessel.
       ``(vii) Other safety equipment the Secretary determines to 
     be necessary.
       ``(2) The Secretary shall establish in regulations under 
     this chapter requirements that--
       ``(A) any equipment required on a towing vessel under 
     paragraph (1) shall be maintained in effective operating 
     condition; and
       ``(B) if such equipment on a vessel ceases to operate, the 
     master 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) 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. 1503. 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''.

     SEC. 1504. REPORT ON FEASIBILITY OF ESTABLISHING A 
                   DIFFERENTIAL GLOBAL POSITIONING SATELLITE 
                   NAVIGATION 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.

     SEC. 1505. PROTECTION OF SEAMEN AGAINST DISCRIMINATION.

       Section 2114 of title 46, United States Code, is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) An owner, charterer, managing operator, agent, 
     master, or individual in charge of a vessel may not discharge 
     or in any manner discriminate against a seaman because the 
     seaman--
       ``(1) in good faith has reported or is about to report to 
     the Coast Guard that the seaman believes that a violation of 
     this subtitle, or a regulation issued under this subtitle, 
     has occurred; or
       ``(2) refuses to violate this subtitle or a regulation 
     issued under this subtitle.''; and
       (2) in subsection (b)--
       (A) in paragraph (1) by striking ``and'' after the 
     semicolon;
       (B) in paragraph (2) by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(3) an award of costs and reasonable attorney's fees to 
     the prevailing plaintiff.''.

     SEC. 1506. MANNING AND LICENSING REQUIREMENTS FOR TOWING 
                   VESSELS.

       (a) Manning Requirements.--Section 8904 of title 46, United 
     States Code, is amended by adding at the end the following:
       ``(c) A towing vessel that is at least 26 feet in length, 
     other than a vessel referred to in subsection (b), shall--
       ``(1) while being operated, have on board an individual 
     licensed by the Secretary as a master of that type of towing 
     vessel; and
       ``(2) be operated by an individual licensed by the 
     Secretary to operate that type of towing vessel.''.
       (b) Regulations Establishing Licenses for Masters and 
     Operators.--Section 7101 of title 46, United States Code, is 
     amended by adding at the end the following:
       ``(j)(1) The Secretary shall prescribe regulations which 
     establish licenses for masters and mates of towing vessels.
       ``(2) Regulations under this subsection shall provide that 
     an individual may be issued a license as a master or mate of 
     a towing vessel only if the individual--
       ``(A) demonstrates proficiency in the use of the equipment 
     required pursuant to section 4102(f)(1)(C) of this title; and
       ``(B) demonstrates proficiency in operating a towing 
     vessel.
       ``(3) Regulations under this subsection may establish 
     standards and procedures under which the Secretary may 
     delegate, to individuals who have experience in the operation 
     of towing vessels and to other qualified persons, the 
     authority to conduct examinations required for the issuance 
     of a license as a master or mate of a towing vessel.''.
       (c) Existing Uninspected Towing Vessel Operator License 
     Holders.--An uninspected towing vessel operator license that 
     is valid on the effective date of this section shall be valid 
     as a master or mate license required by section 8904 of title 
     46, United States Code, as amended by this section, until 
     otherwise required to be renewed. The Secretary shall require 
     that an individual applying for a first renewal of such a 
     license as a master or mate license under that section 
     demonstrate proficiency under the requirements of section 
     7101(j) of title 46, United States Code, as added by this 
     section.
       (d) Effective Date.--The amendments made by this section, 
     other than the amendments made by subsection (e), shall take 
     effect 2 years after the date of the enactment of this Act.
       (e) Deadline for Regulations.--The Secretary of the 
     department in which the Coast Guard is operating shall issue 
     regulations under the amendments made by this section by not 
     later than 1 year after the date of the enactment of this 
     Act.

     SEC. 1507. CIVIL PENALTIES.

       (a) Prohibited Operation of Uninspected Towing Vessel, 
     Generally.--Section 4106 of title 46, United States Code, is 
     amended by striking ``$5,000'' and inserting ``$25,000''.
       (b) Operation of Uninspected Towing Vessel in Violation of 
     Manning Requirements.--Section 8906 of title 46, United 
     States Code, is amended by striking ``$1,000'' and inserting 
     ``not more than $25,000''.

     SEC. 1508. MODEL TOWING VESSEL COMPANY INSPECTION PROGRAM.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating, in consultation with the 
     Towing Safety Advisory Committee, shall--
       (1) develop a model towing vessel company inspection 
     program, including a Coast Guard boarding program to 
     determine compliance with the model program; and
       (2) submit to the Congress for its approval the model 
     program and a description of the statutory changes necessary 
     to implement the model program.
       (b) Savings.--The requirement to submit a model program 
     under subsection (a) shall not be construed to supersede or 
     modify the authority of the Coast Guard to inspect vessels 
     under title 46, United States Code.
                  TITLE XVI--MERCHANT MARINER BENEFITS

     SEC. 1601. MERCHANT MARINER BENEFITS.

       (a) Part G of subtitle II, title 46, United States Code, is 
     amended by adding the following new chapter:

                ``Chapter 112--MERCHANT MARINER BENEFITS

``Sec.
``11201. Qualified service.
``11202. Qualified service benefits.

     ``Sec. 11201. Qualified service

       ``An individual who was in training for, or who served as a 
     member of, the United States merchant marine during World War 
     II, including the Army Transport Service and the Naval 
     Transportation Service, or who received a notice of 
     induction, before September 2, 1945, is deemed to have been 
     engaged in qualified service for purposes of this chapter.

     ``Sec. 11202. Qualified service benefits

       ``(a) An individual who believes that individual performed 
     qualified service under section 11201 of this chapter may 
     apply to the Secretary. Not later than 180 days after the 
     Secretary receives an application under this section, the 
     Secretary shall determine whether the individual performed 
     qualified service.
       ``(b) The Secretary shall issue an honorable discharge to 
     an individual who performed qualified service as determined 
     by the Secretary under subsection (a). The Secretary shall 
     issue the discharge subject to the standards that apply to 
     honorable discharges issued under section 401(a)(1)(b) of the 
     GI Bill Improvement Act of 1977 (38 U.S.C. 106 note).
       ``(c) The qualified service of an individual who--
       ``(1) receives an honorable discharge under subsection (b); 
     and
       ``(2) is not eligible for benefits under a law administered 
     by the Secretary of Veterans Affairs--
     shall be treated as active duty in the armed forces during a 
     period of war for purposes of eligibility for benefits under 
     chapters 23 and 24 of title 38, United States Code.
       ``(d) The Secretary shall reimburse the Secretary of 
     Veterans Affairs for the value of benefits provided to an 
     individual by reason of eligibility under this chapter.
       ``(e) An individual is not entitled to, and may not 
     receive, benefits under this chapter for any period before 
     the date of enactment of this chapter.''.
       (b) The analysis at the beginning of subtitle II of title 
     46, United States Code, is amended by inserting after the 
     item relating to chapter 111 the following:

``112. Merchant mariners benefits.........................11201.''.....

         TITLE XVII--LIGHTHOUSE AND OTHER PROPERTY CONVEYANCES

     SEC. 1701. CONVEYANCE OF COAST GUARD PROPERTY IN TRAVERSE 
                   CITY, MICHIGAN.

       (a) Requirement.--The Secretary of Transportation (or any 
     other official having control over the property described in 
     subsection (b)) shall expeditiously convey to the Traverse 
     City Area Public School District in Traverse City, Michigan, 
     without consideration, all right, title, and interest of the 
     United States in and to the property described in subsection 
     (b), subject to all easements and other interests in the 
     property held by any other person.
       (b) Property Described.--The property referred to in 
     subsection (a) is real property located in the city of 
     Traverse City, Grand Traverse County, Michigan, and 
     consisting of that part of the southeast \1/4\ of Section 12, 
     Township 27 North, Range 11 West, described as: Commencing at 
     the southeast \1/4\ corner of said Section 12, thence north 
     03 degrees 05 minutes 25 seconds east along the East line of 
     said Section, 1074.04 feet, thence north 86 degrees 36 
     minutes 50 seconds west 207.66 feet, thence north 03 degrees 
     06 minutes 00 seconds east 572.83 feet to the point of 
     beginning, thence north 86 degrees 54 minutes 00 seconds west 
     1,751.04 feet, thence north 03 degrees 02 minutes 38 seconds 
     east 330.09 feet, thence north 24 degrees 04 minutes 40 
     seconds east 439.86 feet, thence south 86 degrees 56 minutes 
     15 seconds east 116.62 feet, thence north 03 degrees 08 
     minutes 45 seconds east 200.00 feet, thence south 87 degrees 
     08 minutes 20 seconds east 68.52 feet, to the southerly 
     right-of-way of the C & O Railroad, thence south 65 degrees 
     54 minutes 20 seconds east along said right-of-way 1508.75 
     feet, thence south 03 degrees 06 minutes 00 seconds west 
     400.61 to the point of beginning, consisting of 27.10 acres 
     of land, 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 Traverse City School District.

     SEC. 1702. TRANSFER OF COAST GUARD PROPERTY IN KETCHIKAN, 
                   ALASKA.

       (a) Conveyance Requirement.--The Secretary of 
     Transportation, in cooperation with the Administrator of 
     General Services, shall convey to the Ketchikan Indian 
     Corporation in Ketchikan, Alaska, without reimbursement and 
     by no later than 120 days after the date of enactment of this 
     Act, all right, title, and interest of the United States in 
     and to the property known as the ``Former Marine Safety 
     Detachment'' as identified in Report of Excess Number CG-689 
     (GSA Control Number 9-U-AK-0747) and described in subsection 
     (b), for use by the Ketchikan Indian Corporation as a health 
     or social services facility.
       (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 
     health or social services facility.

     SEC. 1703. CONVEYANCE OF LIGHT STATION MONTAUK POINT, NEW 
                   YORK.

       (a) Conveyance Requirement.--
       (1) Requirement.--The Secretary of Transportation shall 
     convey to the Montauk Historical Association in Montauk, New 
     York, by an appropriate means of conveyance, all right, 
     title, and interest of the United States in and to property 
     comprising Light Station Montauk Point, located at Montauk, 
     New York.
       (2) Determination of property.--The Secretary may identify, 
     describe, and determine the property to be conveyed pursuant 
     to this section.
       (b) Terms of Conveyance.--
       (1) In general.--A conveyance of property pursuant to this 
     section shall be made--
       (A) without the payment of consideration; and
       (B) subject to the conditions required by paragraphs (3) 
     and (4) and such other terms and conditions as the Secretary 
     may consider appropriate.
       (2) Reversionary interest.--In addition to any term or 
     condition established pursuant to paragraph (1), any 
     conveyance of property comprising the Montauk Light Station 
     pursuant to subsection (a) shall be subject to the condition 
     that all right, title, and interest in and to the property so 
     conveyed shall immediately revert to the United States if the 
     property, or any part thereof--
       (A) ceases to be maintained as a nonprofit center for 
     public benefit for the interpretation and preservation of the 
     material culture of the United States Coast Guard, the 
     maritime history of Montauk, New York, and Native American 
     and colonial history;
       (B) ceases to be maintained in a manner that ensures its 
     present or future use as a Coast Guard aid to navigation; or
       (C) ceases to be maintained in a manner consistent with the 
     provisions of the National Historic Preservation Act (16 
     U.S.C. 470 et seq.).
       (3) Maintenance of navigation and functions.--Any 
     conveyance of property pursuant to this section shall be 
     subject to such conditions as the Secretary considers to be 
     necessary to assure that--
       (A) the light, antennas, sound signal, and associated 
     lighthouse equipment located on the property conveyed, which 
     are active aids to navigation, shall continue to be operated 
     and maintained by the United States for as long as they are 
     needed for this purpose;
       (B) the Montauk Historical Association may not interfere or 
     allow interference in any manner with such aids to navigation 
     without express written permission from the United States;
       (C) there is reserved to the United States the right to 
     replace, or add any aids to navigation, or make any changes 
     to the Montauk Lighthouse as may be necessary for navigation 
     purposes;
       (D) the United States shall have the right, at any time, to 
     enter the property conveyed without notice for the purpose of 
     maintaining navigation aids;
       (E) the United States shall have an easement of access to 
     such property for the purpose of maintaining the navigational 
     aids in use on the property; and
       (F) the Montauk Light Station shall revert to the United 
     States at the end of the 30-day period beginning on any date 
     on which the Secretary of Transportation provides written 
     notice to the Montauk Historical Association that the Montauk 
     Light Station is needed for national security purposes.
       (4) Maintenance of light station.--Any conveyance of 
     property under this section shall be subject to the condition 
     that the Montauk Historical Association shall maintain the 
     Montauk Light Station in accordance with the provisions of 
     the National Historic Preservation Act (16 U.S.C. 470 et 
     seq.) and other applicable laws.
       (5) Limitation on obligations of montauk historical 
     association.--The Montauk Historical Association shall not 
     have any obligation to maintain any active aid to navigation 
     equipment on property conveyed pursuant to this section.
       (c) For purposes of this section--
       (1) the term ``Montauk Light Station'' means the Coast 
     Guard light station known as Light Station Montauk Point, 
     located at Montauk, New York, including the keeper's 
     dwellings, adjacent Coast Guard rights of way, the World War 
     II submarine spotting tower, the lighthouse tower, and the 
     paint locker; and
       (2) the term ``Montauk Lighthouse'' means the Coast Guard 
     lighthouse located at the Montauk Light Station.

     SEC. 1704. CONVEYANCE OF CAPE ANN LIGHTHOUSE.

       (a) Authority To Convey.--
       (1) In general.--The Secretary of Transportation shall 
     convey to the town of Rockport, Massachusetts, by an 
     appropriate means of conveyance, all right, title, and 
     interest of the United States in and to the property 
     comprising the Cape Ann Lighthouse, located on Thachers 
     Island, Massachusetts.
       (2) Identification of property.--The Secretary may 
     identify, describe, and determine the property to be conveyed 
     pursuant to this subsection.
       (b) Terms of Conveyance.--
       (1) In general.--The conveyance of property pursuant to 
     this section shall be made--
       (A) without payment of consideration; and
       (B) subject to the conditions required by paragraphs (3) 
     and (4) and other terms and conditions the Secretary may 
     consider appropriate.
       (2) Reversionary interest.--In addition to any term or 
     condition established pursuant to paragraph (1), the 
     conveyance of property pursuant to this section shall be 
     subject to the condition that all right, title, and interest 
     in the Cape Ann Lighthouse shall immediately revert to the 
     United States if the Cape Ann Lighthouse, or any part of the 
     property--
       (A) ceases to be used as a nonprofit center for the 
     interpretation and preservation of maritime history;
       (B) ceases to be maintained in a manner that ensures its 
     present or future use as a Coast Guard aid to navigation; or
       (C) ceases to be maintained in a manner consistent with the 
     provisions of the National Historic Preservation Act of 1966 
     (16 U.S.C. 470 et seq.).
       (3) Maintenance and navigation functions.--The conveyance 
     of property pursuant to this section shall be made subject to 
     the conditions that the Secretary considers to be necessary 
     to assure that--
       (A) the lights, antennas, and associated equipment located 
     on the property conveyed, which are active aids to 
     navigation, shall continue to be operated and maintained by 
     the United States;
       (B) the town of Rockport may not interfere or allow 
     interference in any manner with aids to navigation without 
     express written permission from the Secretary of 
     Transportation;
       (C) there is reserved to the United States the right to 
     relocate, replace, or add any aid to navigation or make any 
     changes to the Cape Ann Lighthouse as may be necessary for 
     navigational purposes;
       (D) the United States shall have the right, at any time, to 
     enter the property without notice for the purpose of 
     maintaining aids to navigation; and
       (E) the United States shall have an easement of access to 
     the property for the purpose of maintaining the aids to 
     navigation in use on the property.
       (4) Obligation limitation.--The town of Rockport is not 
     required to maintain any active aid to navigation equipment 
     on property conveyed pursuant to this section.
       (5) Property to be maintained in accordance with certain 
     laws.--The town of Rockport shall maintain the Cape Ann 
     Lighthouse in accordance with the National Historic 
     Preservation Act of 1966 (16 U.S.C. 470 et seq.), and other 
     applicable laws.
       (c) Definitions.--For purposes of this section, the term 
     ``Cape Ann Lighthouse'' means the Coast Guard property 
     located on Thachers Island, Massachusetts, except any 
     historical artifact, including any lens or lantern, located 
     on the property at or before the time of the conveyance.

     SEC. 1705. TRANSFER OF OCRACOKE LIGHT STATION TO SECRETARY OF 
                   THE INTERIOR.

       The Secretary of Transportation shall transfer 
     administrative jurisdiction over the Federal property, 
     consisting of approximately 2 acres, known as the Ocracoke 
     Light Station, to the Secretary of the Interior, subject to 
     such reservations, terms, and conditions as may be necessary 
     for Coast Guard purposes. All property so transferred shall 
     be included in and administered as part of the Cape Hatteras 
     National Seashore.

     SEC. 1706. SQUIRREL POINT LIGHTHOUSE.

       (a) Conveyance Authorization.--
       (1) Authorization.--The Secretary of Transportation may 
     convey to Squirrel Point Associates, Inc., by an appropriate 
     means of conveyance, all right, title, and interest of the 
     United States in and to property comprising Squirrel Point 
     Lighthouse, located in the town of Arrowsic, Maine.
       (2) Identification of property.--The Secretary may 
     identify, describe, and determine the property to be conveyed 
     pursuant to this subsection.
       (b) Terms of Conveyance.--
       (1) In general.--A conveyance of property pursuant to this 
     section shall be made--
       (A) without payment of consideration; and
       (B) subject to the conditions required by paragraphs (3) 
     and (4) and such other terms and conditions as the Secretary 
     may consider appropriate.
       (2) Reversionary interest.--In addition to any term or 
     condition established pursuant to paragraph (1), any 
     conveyance of property comprising the Squirrel Point 
     Lighthouse pursuant to subsection (a) shall be subject to the 
     condition that all right, title, and interest in and to the 
     property so conveyed shall immediately revert to the United 
     States if the property, or any part thereof--
       (A) ceases to be maintained as a nonprofit center for 
     public benefit for the interpretation and preservation of the 
     material culture of the United States Coast Guard and the 
     maritime history of Maine;
       (B) ceases to be maintained in a manner that ensures its 
     present or future use as a Coast Guard aid to navigation; or
       (C) ceases to be maintained in a manner consistent with the 
     provisions of the National Historic Preservation Act (16 
     U.S.C. 470 et seq.).
       (3) Maintenance of navigation and functions.--Any 
     conveyance of property pursuant to this section shall be 
     subject to such conditions as the Secretary considers to be 
     necessary to assure that--
       (A) the light, antennas, sound signal, and associated 
     lighthouse equipment located on the property conveyed, which 
     are active aids to navigation, shall continue to be operated 
     and maintained by the United States for as long as they are 
     needed for this purpose;
       (B) the Squirrel Point Associates, Inc., may not interfere 
     or allow interference in any manner with such aids to 
     navigation without express written permission from the United 
     States;
       (C) there is reserved to the United States the right to 
     replace, or add any aids to navigation, or make any changes 
     to the Squirrel Point Lighthouse as may be necessary for 
     navigation purposes;
       (D) the United States shall have the right, at any time, to 
     enter the property conveyed without notice for the purpose of 
     maintaining navigation aids; and
       (E) the United States shall have an easement of access to 
     such property for the purpose of maintaining the navigational 
     aids in use on the property.
       (4) Maintenance of lighthouse.--Any conveyance of property 
     under this section shall be subject to the condition that the 
     Squirrel Point Associates shall maintain the Eastern Point 
     Lighthouse in accordance with the provisions of the National 
     Historic Preservation Act (16 U.S.C. 470 et seq.) and other 
     applicable laws.
       (5) Obligation limitation.--The Squirrel Point Associates, 
     Inc., shall not have any obligation to maintain any active 
     aid to navigation equipment on the property conveyed pursuant 
     to this section.
       (c) Definitions.--For purposes of this section, the term 
     ``Squirrel Point Lighthouse'' means the Coast Guard property 
     located in the town of Arrowsic, County of Sagadahoc, Maine, 
     including the light tower, dwelling, boathouse, oil house, 
     barn, any other ancillary buildings, and such land as may be 
     necessary to enable Squirrel Point Associates, Inc., to 
     operate a nonprofit center for public benefit, except any 
     historical artifact, including any lens or lantern, located 
     on the property at or before the time of the conveyance.

     SEC. 1707. CONVEYANCE OF CERTAIN LIGHTHOUSES LOCATED IN 
                   MAINE.

       (a) Authority To Convey.--
       (1) In general.--Subject to paragraphs (3) and (4), the 
     Secretary of Transportation may convey, without 
     consideration, to the Island Institute, Rockland, Maine (in 
     this section referred to as the ``Institute''), all right, 
     title, and interest of the United States in and to any of the 
     facilities and real property and improvements described in 
     paragraph (2).
       (2) Covered facilities.--Paragraph (1) applies to 
     lighthouses, together with any real property and other 
     improvements associated therewith, located in the State of 
     Maine as follows:
       (A) Whitehead Island Light.
       (B) Deer Island Thorofare (Mark Island) Light.
       (C) Burnt Island Light.
       (D) Rockland Harbor Breakwater Light.
       (E) Monhegan Island Light.
       (F) Eagle Island Light.
       (G) Curtis Island Light.
       (H) Moose Peak Light.
       (I) Great Duck Island Light.
       (J) Goose Rocks Light.
       (K) Isle au Haut Light.
       (L) Goat Island Light.
       (M) Wood Island Light.
       (N) Doubling Point Light.
       (O) Doubling Point Front Range Light.
       (P) Doubling Point Rear Range Light.
       (Q) Little River Light.
       (R) Spring Point Ledge Light.
       (S) Ram Island Light (Boothbay).
       (T) Seguin Island Light.
       (U) Marshall Point Light.
       (V) Fort Point Light.
       (W) West Quoddy Head Light.
       (X) Brown's Head Light.
       (Y) Cape Neddick Light.
       (Z) Halfway Rock Light.
       (AA) Ram Island Ledge Light.
       (BB) Mount Desert Rock Light.
       (CC) Whitlock's Mill Light.
       (3) Limitation on conveyance.--The Secretary shall retain 
     all right, title, and interest of the United States in and to 
     any historical artifact, including any lens or lantern, that 
     is associated with the lighthouses conveyed under this 
     subsection, whether located at the lighthouse or elsewhere. 
     The Secretary shall identify any equipment, system, or object 
     covered by this paragraph.
       (4) Deadline for conveyance.--The conveyances authorized by 
     this subsection shall take place, if at all, not later than 5 
     years after the date of the enactment of this Act.
       (5) Additional conveyances to united states fish and 
     wildlife service.--The Secretary may transfer, in accordance 
     with the terms and conditions of subsection (b), the 
     following lighthouses, together with any real property and 
     improvements associated therewith, directly to the United 
     States Fish and Wildlife Service:
       (A) Two Bush Island Light.
       (B) Egg Rock Light.
       (C) Libby Island Light.
       (D) Matinicus Rock Light.
       (b) Conditions of Conveyance.--The conveyance of a 
     lighthouse, and any real property and improvements associated 
     therewith, under subsection (a) shall be subject to the 
     following conditions:
       (1) That the lighthouse and any such property and 
     improvements be used for educational, historic, recreational, 
     cultural, and wildlife conservation programs for the general 
     public and for such other uses as the Secretary determines to 
     be not inconsistent or incompatible with such uses.
       (2) That the lighthouse and any such property and 
     improvements be maintained at no cost to the United States in 
     a manner that ensures the use of the lighthouse by the Coast 
     Guard as an aid to navigation.
       (3) That the use of the lighthouse and any such property 
     and improvements by the Coast Guard as an aid to navigation 
     not be interfered with, except with the written permission of 
     the Secretary.
       (4) That the lighthouse and any such property and 
     improvements be maintained in a manner consistent with the 
     provisions of the National Historic Preservation Act (16 
     U.S.C. 470 et seq.).
       (5) That public access to the lighthouse and any such 
     property and improvements be ensured.
       (c) Reservations.--In the conveyance of a lighthouse under 
     subsection (a), the Secretary shall reserve to the United 
     States the following:
       (1) The right to enter the lighthouse, and any real 
     property and improvements conveyed therewith, at any time, 
     without notice, for purposes of maintaining any aid to 
     navigation at the lighthouse, including any light, antennae, 
     sound signal, and associated equipment located at the 
     lighthouse, and any electronic navigation equipment or system 
     located at the lighthouse.
       (2) The right to enter the lighthouse and any such property 
     and improvements at any time, without notice, for purposes of 
     relocating, replacing, or improving any such aid to 
     navigation, or to carry out any other activity necessary in 
     aid of navigation.
       (3) An easement of ingress and egress onto the real 
     property conveyed for the purposes referred to in paragraphs 
     (1) and (2).
       (4) An easement over such portion of such property as the 
     Secretary considers appropriate in order to ensure the 
     visibility of the lighthouse for navigation purposes.
       (5) The right to obtain and remove any historical artifact, 
     including any lens or lantern that the Secretary has 
     identified pursuant to paragraph (3) of subsection (a).
       (d) Maintenance of Aids to Navigation.--The Secretary may 
     not impose upon the Institute, or upon any entity to which 
     the Institute conveys a lighthouse under subsection (g), an 
     obligation to maintain any aid to navigation at a lighthouse 
     conveyed under this section.
       (e) Reversionary Interest.--All right, title, and interest 
     in and to a lighthouse and any real property and improvements 
     associated therewith shall revert to the United States and 
     the United States shall have the right of immediate entry 
     thereon if--
       (1) the Secretary determines at any time that the 
     lighthouse, and any property and improvements associated 
     therewith, conveyed to the Institute or to the United States 
     Fish and Wildlife Service under subsection (a) or conveyed by 
     the Institute under subsection (g), as the case may be, is 
     not being utilized or maintained in accordance with 
     subsection (b); or
       (2) the Secretary determines that--
       (A) the Institute is unable to identify an entity eligible 
     for the conveyance of the lighthouse under subsection (g) 
     within the 3-year period beginning on the date of the 
     conveyance of the lighthouse to the Institute under 
     subsection (a); or
       (B) in the event that the Institute identifies an entity 
     eligible for the conveyance within that period--
       (i) the entity is unable or unwilling to accept the 
     conveyance and the Institute is unable to identify another 
     entity eligible for the conveyance within that period; or
       (ii) the Maine Lighthouse Selection Committee established 
     under subsection (g)(3)(A) disapproves of the entity 
     identified by the Institute and the Institute is unable to 
     identify another entity eligible for the conveyance within 
     that period.
       (f) Inspection.--The State Historic Preservation Officer of 
     the State of Maine may inspect any lighthouse, and any real 
     property and improvements associated therewith, that is 
     conveyed under this subsection at any time, without notice, 
     for purposes of ensuring that the lighthouse is being 
     maintained in the manner required under subsections (b)(4) 
     and (b)(5). The Institute, and any subsequent conveyee of the 
     Institute under subsection (g), shall cooperate with the 
     official referred to in the preceding sentence in the 
     inspections of that official under this subsection.
       (g) Subsequent Conveyance.--
       (1) Requirement.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Institute shall convey, without consideration, all right, 
     title, and interest of the Institute in and to the 
     lighthouses conveyed to the Institute under subsection (a), 
     together with any real property and improvements associated 
     therewith, to one or more entities identified under paragraph 
     (2) and approved by the committee established under paragraph 
     (3) in accordance with the provisions of such paragraph (3).
       (B) Exception.--The Institute, with the concurrence of the 
     Maine Lighthouse Selection Committee and in accordance with 
     the terms and conditions of subsection (b), may retain right, 
     title, and interest in and to the following lighthouses 
     conveyed to the Institute:
       (i) Whitehead Island Light.
       (ii) Deer Island Thorofare (Mark Island) Light.
       (2) Identification of eligible entities.--
       (A) In general.--Subject to subparagraph (B), the Institute 
     shall identify entities eligible for the conveyance of a 
     lighthouse under this subsection. Such entities shall include 
     any department or agency of the Federal Government, any 
     department or agency of the Government of the State of Maine, 
     any local government in that State, or any nonprofit 
     corporation, educational agency, or community development 
     organization that--
       (i) is financially able to maintain the lighthouse (and any 
     real property and improvements conveyed therewith) in 
     accordance with the conditions set forth in subsection (b);
       (ii) has agreed to permit the inspections referred to in 
     subsection (f); and
       (iii) has agreed to comply with the conditions set forth in 
     subsection (b) and to have such conditions recorded with the 
     deed of title to the lighthouse and any real property and 
     improvements that may be conveyed therewith.
       (B) Order of priority.--In identifying entities eligible 
     for the conveyance of a lighthouse under this paragraph, the 
     Institute shall give priority to entities in the following 
     order, which are also the exclusive entities eligible for the 
     conveyance of a lighthouse under this section:
       (i) Agencies of the Federal Government.
       (ii) Entities of the Government of the State of Maine.
       (iii) Entities of local governments in the State of Maine.
       (iv) Nonprofit corporations, educational agencies, and 
     community development organizations.
       (3) Selection of conveyees among eligible entities.--
       (A) Committee.--
       (i) In general.--There is hereby established a committee to 
     be known as the Maine Lighthouse Selection Committee (in this 
     paragraph referred to as the ``Committee'').
       (ii) Membership.--The Committee shall consist of five 
     members appointed by the Secretary as follows:

       (I) One member, who shall serve as the Chairman of the 
     Committee, shall be appointed from among individuals 
     recommended by the Governor of the State of Maine.
       (II) One member shall be the State Historic Preservation 
     Officer of the State of Maine, with the consent of that 
     official, or a designee of that official.
       (III) One member shall be appointed from among individuals 
     recommended by State and local organizations in the State of 
     Maine that are concerned with lighthouse preservation or 
     maritime heritage matters.
       (IV) One member shall be appointed from among individuals 
     recommended by officials of local governments of the 
     municipalities in which the lighthouses are located.
       (V) One member shall be appointed from among individuals 
     recommended by the Secretary of the Interior.

       (iii) Appointment deadline.--The Secretary shall appoint 
     the members of the Committee not later than 180 days after 
     the date of the enactment of this Act.
       (iv) Membership term.--

       (I) Members of the Committee shall serve for such terms not 
     longer than 3 years as the Secretary shall provide. The 
     Secretary may stagger the terms of initial members of the 
     Committee in order to ensure continuous activity by the 
     Committee.
       (II) Any member of the Committee may serve after the 
     expiration of the term of the member until a successor to the 
     member is appointed. A vacancy in the Committee shall be 
     filled in the same manner in which the original appointment 
     was made.

       (v) Voting.--The Committee shall act by an affirmative vote 
     of a majority of the members of the Committee.
       (B) Responsibilities.--
       (i) In general.--The Committee shall--

       (I) review the entities identified by the Institute under 
     paragraph (2) as entities eligible for the conveyance of a 
     lighthouse; and
       (II) approve one such entity, or disapprove all such 
     entities, as entities to which the Institute may make the 
     conveyance of the lighthouse under this subsection.

       (ii) Approval.--If the Committee approves an entity for the 
     conveyance of a lighthouse, the Committee shall notify the 
     Institute of such approval.
       (iii) Disapproval.--If the Committee disapproves of the 
     entities, the Committee shall notify the Institute and, 
     subject to subsection (e)(2)(B), the Institute shall identify 
     other entities eligible for the conveyance of the lighthouse 
     under paragraph (2). The Committee shall review and approve 
     or disapprove of entities identified pursuant to the 
     preceding sentence in accordance with this subparagraph and 
     the criteria set forth in subsection (b).
       (C) Exemption from faca.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall not apply to the Committee, 
     however, all meetings of the Committee shall be open to the 
     public and preceded by appropriate public notice.
       (D) Termination.--The Committee shall terminate 8 years 
     from the date of the enactment of this Act.
       (4) Conveyance.--Upon notification under paragraph 
     (3)(B)(ii) of the approval of an identified entity for 
     conveyance of a lighthouse under this subsection, the 
     Institute shall, with the consent of the entity, convey the 
     lighthouse to the entity.
       (5) Responsibilities of conveyees.--Each entity to which 
     the Institute conveys a lighthouse under this subsection, or 
     any successor or assign of such entity in perpetuity, shall--
       (A) use and maintain the lighthouse in accordance with 
     subsection (b) and have such terms and conditions recorded 
     with the deed of title to the lighthouse and any real 
     property conveyed therewith; and
       (B) permit the inspections referred to in subsection (f).
       (h) Description of Property.--The exact acreage and legal 
     description of any lighthouse, and any real property and 
     improvements associated therewith, conveyed under subsection 
     (a) shall be determined by the Secretary.
       (i) Report.--Not later than 1 year after the date of the 
     enactment of this Act, and annually thereafter for the next 7 
     years, the Secretary shall submit to Congress a report on the 
     conveyance of lighthouses under this section. The report 
     shall include a description of the implementation of the 
     provisions of this section, and the requirements arising 
     under such provisions, in--
       (1) providing for the use and maintenance of the 
     lighthouses conveyed under this section in accordance with 
     subsection (b);
       (2) providing for public access to such lighthouses; and
       (3) achieving the conveyance of lighthouses to appropriate 
     entities under subsection (g).
       (j) Additional Terms and Conditions.--The Secretary may 
     require any additional terms and conditions in connection 
     with a conveyance under subsection (a) that the Secretary 
     considers appropriate in order to protect the interests of 
     the United States.
                 TITLE XVIII--BALLAST WATER MANAGEMENT

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Ballast Water Management 
     Act''.

     SEC. 1802. EVALUATION.

       (a) Subsection 1102(a) of Public Law 101-646 (16 U.S.C. 
     4712(a)) is amended by adding the following new paragraph at 
     the end:
       ``(4) National ballast water management evaluation.--
       ``(A) Subject to the availability of appropriations, the 
     Task Force shall contract with the Marine Board of the 
     National Research Council to identify and evaluate ballast 
     water management technologies and practices that prevent the 
     introduction and spread of nonindigenous species through 
     ballast water discharged into United States waters.
       ``(B) In conducting the evaluation, the Marine Board shall 
     consider, at a minimum, ballast water management technologies 
     and practices identified in the study prepared under 
     paragraph (3).
       ``(C) In conducting the evaluation, the Marine Board shall 
     identify, at a minimum, ballast water management technologies 
     and practices that--
       ``(i) may be retrofitted on existing vessels or 
     incorporated in new vessel designs;
       ``(ii) are operationally practical;
       ``(iii) are safe for vessel and crew;
       ``(iv) are environmentally sound;
       ``(v) are cost effective;
       ``(vi) the vessel operator can monitor; and
       ``(vii) are effective against a broad range of nuisance 
     organisms.''.
       (b) Subsection 1102(c) of Public Law 101-646 (16 U.S.C. 
     4712(c)) is amended by adding the following new paragraph at 
     the end:
       ``(3) National ballast water management evaluation 
     report.--Not later than 1 year after the date of enactment of 
     the Ballast Water Management Act, the Task Force shall submit 
     to the appropriate Committees a report on the results of the 
     evaluation conducted under paragraph (4) of subsection 
     (a).''.

     SEC. 1803. NATIONAL BALLAST WATER MANAGEMENT DEMONSTRATION 
                   PROGRAM.

       (a) Section 1202 of Public Law 101-646 (16 U.S.C. 4722) is 
     amended by--
       (1) redesignating subsection (k) as subsection (l); and
       (2) inserting after subsection (j) the following:
       ``(k) National Ballast Water Management Demonstration 
     Program.--
       ``(1) Authorization.--Following the submission of the 
     evaluation authorized under section 1102(a)(4) and subject to 
     the availability of appropriations under section 1301(e), the 
     Secretary of Transportation, in consultation with the Task 
     Force, shall conduct a national ballast water management 
     demonstration program to test and evaluate ballast water 
     management technologies and practices, including those 
     identified in the evaluation authorized under paragraph 
     1102(a)(4), to prevent the introduction and spread of 
     nonindigenous species through ballast water discharged into 
     United States waters.
       ``(2) Criteria.--In carrying out the demonstration program 
     authorized under this subsection, the Secretary of 
     Transportation shall use vessels that are documented under 
     chapter 121 of title 46, United States Code, including 
     vessels operating on the Great Lakes. Any necessary ballast 
     water management technology installation or construction on a 
     vessel used in the demonstration program shall be performed 
     by a United States shipyard or ship repair facility.
       ``(3) Authorities.--In conducting the demonstration program 
     under this subsection, the Task Force and the Secretary of 
     Transportation may accept donations of property and 
     services.''.
       (b) Subsection 1202(l), as redesignated by this Act, is 
     amended by adding the following new paragraph at the end:
       ``(3) Not later than 1 year after the submission of the 
     evaluation authorized under section 1102(a)(4) and 
     periodically as necessary to report new findings, the 
     Secretary of Transportation, in consultation with the Task 
     Force, shall submit to the appropriate Committees a report on 
     the results of the demonstration program conducted under 
     subsection (k).''.

     SEC. 1804. AUTHORIZATION OF APPROPRIATIONS.

       Section 1301 of Public Law 101-646 (16 U.S.C. 4741) is 
     amended by adding the following new subsection at the end:
       ``(e) National Ballast Water Management Evaluation and 
     Demonstration Program.--There are authorized to be 
     appropriated to the Director and the Under Secretary $150,000 
     for fiscal year 1995 and to the Secretary of Transportation 
     $1,850,000 for fiscal year 1996, to remain available until 
     expended, to carry out the evaluation authorized under 
     section 1102(a)(4) and the demonstration program authorized 
     under section 1202(k).''.
             TITLE XX--ADDITIONAL MISCELLANEOUS PROVISIONS

     SEC. 2001. 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 3 nautical miles 
     from the coastline of the Great Lakes'' after ``high seas''.

     SEC. 2002. IMPLEMENTATION OF OIL POLLUTION REQUIREMENTS WITH 
                   RESPECT TO VEGETABLE OIL.

       In implementing the Oil Pollution Act of 1990 (Public Law 
     101-380), the Coast Guard and other agencies shall 
     differentiate between animal fats or oils of vegetable origin 
     and other oils, including petroleum oils, on the basis of 
     their physical, chemical, biological, and other properties, 
     and their environmental effects.

     SEC. 2003. DUAL PURPOSE VESSEL.

       Subject to the availability of appropriations, the 
     Secretary of Transportation is authorized to expend up to 
     $10,000,000 in fiscal year 1996 for the design and 
     construction of a passenger ferry to be owned and operated by 
     the State of Alaska, provided that--
       (1) any amounts expended under this provision by the 
     Secretary for such ferry are matched by an equal or greater 
     amount from the State of Alaska or other sources;
       (2) such ferry shall, when completed, be used by the State 
     of Alaska as part of the National Contingency Plan in 
     accordance with section 311(d)(2)(H) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1321(d)(2)(H)), in the event 
     of a worst case discharge of crude oil off Alaska;
       (3) the State of Alaska shall agree to use such ferry in 
     cooperation with the Federal On-Scene Coordinator in the 
     event of a worst case discharge of crude oil off Alaska; and
       (4) such ferry shall be made available by the State of 
     Alaska to be included on the list of equipment available in 
     an Area Contingency Plan off Alaska under section 
     311(j)(4)(C)(iv) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1321(j)(4)(C)(iv)).

     SEC. 2004. EQUITABLE TREATMENT OF UNITED STATES OCEAN FREIGHT 
                   FORWARDERS BY OCEAN CARRIER CONFERENCES.

       (a) Independent Action.--Section 5(b) of the Shipping Act 
     of 1984 (46 U.S.C. App. 1704(b)) is amended by striking 
     paragraph (8) and inserting the following:
       ``(8) provide that--
       ``(A) any member of the conference may take independent 
     action on any rate, service item, or level of ocean freight 
     forwarder compensation required to be filed in a tariff under 
     section 8(a) upon not more than 10 calendar days notice to 
     the conference; and
       ``(B) the conference will include the new rate, service 
     item, or level of ocean freight forwarder compensation in its 
     tariff for use by that member, effective no later than 10 
     calendar days after receipt of the notice, and by any other 
     member that notifies the conference that it elects to adopt 
     the independent rate, service item, or level of ocean freight 
     forwarder compensation on or after its effective date, in 
     lieu of the existing conference tariff provision for that 
     rate, service item, or level of ocean freight forwarder 
     compensation;''.
       (b) Prohibition on Denying Compensation.--Section 10(c) of 
     the Shipping Act of 1984 (46 U.S.C. App. 1709(c)), is amended 
     by striking paragraph (5) and inserting the following:
       ``(5) deny in the export foreign commerce of the United 
     States compensation to an ocean freight forwarder, or limit 
     that compensation to less than 1.25 percent of the aggregate 
     of all of the rates and charges applicable under the tariff 
     assessed against the cargo on which the forwarding services 
     are provided; or''.

     SEC. 2005. 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. 2006. LIMITATION ON CONSOLIDATION OF HOUSTON AND 
                   GALVESTON MARINE SAFETY OFFICES.

       The Secretary of Transportation may not consolidate the 
     Coast Guard Marine Safety Offices in Galveston, Texas, and 
     Houston, Texas.

     SEC. 2007. BUY AMERICAN REQUIREMENT FOR SURFACE SEARCH RADAR 
                   SYSTEMS AND MULTIBEAM SONAR.

       Notwithstanding any other law, at least 51 percent of the 
     components of surface search radar systems and multibeam 
     sonar systems for Coast Guard vessels shall be manufactured 
     in the United States, provided the United States manufacturer 
     offers the Coast Guard a competitive price.

     SEC. 2008. SPECIAL RECRUITING AUTHORITY TO ACHIEVE DIVERSITY.

       (a) Findings.--The Congress makes the following findings:

       (1) Women and minorities have historically been 
     underrepresented in the Coast Guard officer corps and at the 
     United States Coast Guard Academy.
       (2) Notwithstanding application of traditional recruiting 
     programs, the Coast Guard has not been able to rectify the 
     historic underrepresentation of women and minorities in the 
     service and at the Academy.
       (3) 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.
       (b) New Authority.--Section 93 of title 14, United States 
     Code, is amended--
       (1) in paragraph (t)(2) by striking ``and'' after the 
     semicolon;
       (2) in paragraph (u) by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(v) for the purposes of rectifying underrepresentation or 
     underutilization of women and minorities in the Coast Guard 
     and meeting identified personnel resource requirements and 
     training needs--
       ``(1) conduct studies and analyses on Coast Guard personnel 
     resource and training needs; and
       ``(2) employ special programs for recruiting women and 
     minorities, including, subject to appropriations, provision 
     of financial assistance by grant, cooperative agreement, 
     contract, or otherwise, to public or private associations, 
     organizations, or individuals to implement national or local 
     outreach programs.''.

     SEC. 2009. RECOMMENDATIONS ON ACTIONS FOR THE PROTECTION OF 
                   THE NORTH ATLANTIC RIGHT WHALE.

       (a) Recommendations.--Not later than 6 months after the 
     date of enactment of this Act, the Secretary of 
     Transportation shall recommend to the Secretary of Commerce 
     actions that could be undertaken by the Coast Guard and the 
     International Maritime Organization to prevent mortalities of 
     the northern right whale from vessel collisions in the Great 
     South Channel off Cape Cod, Massachusetts. Such 
     recommendations may include--
       (1) the designation of 1 or more areas to be avoided;
       (2) the shifting of the traffic separation scheme in the 
     Great South Channel; or
       (3) other measures the Secretary considers appropriate.
       (b) International Maritime Organization.--The Secretary of 
     Transportation, in consultation with the Secretary of 
     Commerce, shall submit the appropriate recommendations under 
     subsection (a) to the International Maritime Organization for 
     consideration.
       (c) Report.--The Secretary of Commerce shall report in 
     accordance with section 103(f) of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1373(f)) on any actions 
     taken by the Secretary of Commerce and the Secretary of 
     Transportation pursuant to this section.

     SEC. 2010. PROHIBITION ON DIVERSION OF DRUG INTERDICTION 
                   FUNDS.

       The Secretary of Transportation may not reduce the level of 
     Coast Guard drug interdiction activities during fiscal year 
     1995 below the level proposed by the President in the fiscal 
     year 1995 budget.

     SEC. 2011. LIMITATION ON AUTHORITY OF STATES TO REGULATE 
                   GAMBLING DEVICES ON VESSELS.

       Section 5(b)(2) of the Act of January 2, 1951 (15 U.S.C. 
     1175(b)(2)), commonly referred to as the ``Johnson Act'', is 
     amended by adding at the end the following:
       ``(C) Exclusion of certain voyages and segments.--Except 
     for a voyage or segment of a voyage that occurs within the 
     boundaries of the State of Hawaii or the State of Alaska, a 
     voyage or segment of a voyage is not described in 
     subparagraph (B) if it includes or consists of a segment--
       ``(i) that begins and ends in the same State;
       ``(ii) that is part of a voyage to another State or to a 
     foreign country; and
       ``(iii) in which the vessel reaches the other State or 
     foreign country within 3 days after leaving the State in 
     which it begins.''.

     SEC. 2012. POLLUTION FROM SHIPS.

       (a) Prevention of Pollution From Ships.--Section 6 of the 
     Act to Prevent Pollution from Ships (33 U.S.C. 1905) is 
     amended--
       (1) in subsection (c)--
       (A) in paragraph (2)--
       (i) by striking ``(2) If'' and inserting the following: 
     ``(2)(A) Subject to subparagraph (B), if''; and
       (ii) by adding at the end the following new subparagraphs:
       ``(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.
       ``(C) The Secretary may, with respect to certificates 
     issued under this paragraph prior to the date of enactment of 
     the Oceans Act of 1994, prescribe by regulation differing 
     periods of validity for such certificates.''; and
       (B) in paragraph (3), by striking subparagraph (A) and 
     inserting the following new subparagraph:
       ``(A) is valid for the 5-year period beginning on the date 
     of issuance of the certificate, except that if--
       ``(i) the charge for operation of the port or terminal is 
     transferred to a person or entity other than the person or 
     entity that is the operator on the date of issuance of the 
     certificate--
       ``(I) the certificate shall expire on the date that is 30 
     days after the date of the transfer; and
       ``(II) the new operator shall be required to submit an 
     application for a certificate before a certificate may be 
     issued for the port or terminal; or
       ``(ii) the certificate is suspended or revoked by the 
     Secretary, the certificate shall cease to be valid; and''; 
     and
       (2) by striking subsection (d) and inserting the following 
     new subsection:
       ``(d)(1) The Secretary shall maintain a list of ports or 
     terminals with respect to which a certificate issued under 
     this section--
       ``(A) is in effect; or
       ``(B) has been revoked or suspended.
       ``(2) The Secretary shall make the list referred to in 
     paragraph (1) available to the general public.''.
       (b) Reception Facility Placards.--Section 6(f) of the Act 
     to Prevent Pollution from Ships (33 U.S.C. 1905(f)) is 
     amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) Not later than 18 months after the date of 
     enactment of this paragraph, 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.''.
       (c) Compliance Reports.--Section 2201(a) of the Marine 
     Plastic Pollution Research and Control Act of 1987 (Public 
     Law 100-220; 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 Oceans 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.)''.
       (d) Marine Plastic Pollution Research and Control Public 
     Outreach Program.--Section 2204(a) of the Marine Plastic 
     Pollution Research and Control Act of 1987 (Public Law 100-
     220; 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) 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 
     provide other financial assistance to eligible recipients.
       ``(C) 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 and the 
     Administrator of the Environmental Protection Agency, shall 
     consult with--
       ``(i) the heads of State agencies responsible for 
     implementing State boating laws; and
       ``(ii) the heads of other enforcement agencies that 
     regulate boaters or commercial fishermen.''.
       (e) Coordination.--
       (1) Establishment of marine debris coordinating 
     committee.--The Secretary of Commerce shall establish a 
     Marine Debris Coordinating Committee (referred to in this 
     section as the ``Committee'').
       (2) Membership.--The Committee shall include a senior 
     official from--
       (A) the National Oceanic and Atmospheric Administration, 
     who shall serve as the Chairperson of the Committee;
       (B) the Environmental Protection Agency;
       (C) the United States Coast Guard;
       (D) the United States Navy; and
       (E) such other Federal agencies that have an interest in 
     ocean issues or water pollution prevention and control as the 
     Secretary of Commerce determines appropriate.
       (3) 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.
       (f) Monitoring.--The Secretary of Commerce, in cooperation 
     with the Administrator of the Environmental Protection 
     Agency, shall utilize the marine debris data derived under 
     title V of the Marine Protection, Research, and Sanctuaries 
     Act of 1972 (33 U.S.C. 2801 et seq.) to assist the United 
     States Coast Guard in assessing the effectiveness of this 
     section.

     SEC. 2013. COST ACCOUNTING FOR HAITIAN OPERATIONS.

       (a) No later than 30 days after the enactment of this Act, 
     the Secretary of Transportation shall submit a full 
     accounting of all Coast Guard costs related to Haiti during 
     fiscal year 1994 to the Committee on Merchant Marine and 
     Fisheries in the House of Representatives and to the 
     Committee on Commerce, Science, and Transportation in the 
     Senate. This accounting shall include numbers of Coast Guard 
     personnel involved, the numbers of Coast Guard vessels 
     involved, and the amount of funds diverted from other Coast 
     Guard missions.
       (b) Until all United States military operations in Haiti 
     cease, the Secretary of Transportation shall submit monthly 
     reports on all Coast Guard costs related to Haiti to the 
     Committee on Merchant Marine and Fisheries in the House of 
     Representatives and to the Committee on Commerce, Science, 
     and Transportation in the Senate.

     SEC. 2014. PLAN FOR RESCUE OF PASSENGERS ON THE CHESAPEAKE 
                   BAY.

       (a) The Secretary of the department in which the Coast 
     Guard is operating, in consultation with officials of the 
     States of Maryland and Virginia, and other interested 
     persons, shall develop and submit to Congress by March 30, 
     1995, a plan for the rescue of persons transported on 
     passenger vessels or small passenger vessels on the 
     Chesapeake Bay.
       (b) The plan developed in subsection (a) shall include--
       (1) a protocol for command, control, and communications 
     among Federal, State, and local authorities;
       (2) a protocol for training exercises to prepare for an 
     emergency rescue on the Chesapeake Bay;
       (3) an identification of emergency medical personnel that 
     would be available for an emergency rescue on the Chesapeake 
     Bay; and
       (4) an identification of procedures to be followed and 
     equipment that would be needed in the event of weather that 
     could result in hypothermia of the passengers.

     SEC. 2015. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE.

       (a) Ten months after a complete application for correction 
     of military records is received by the Board for Correction 
     of Military Records of the Coast Guard, administrative 
     remedies are deemed to have been exhausted, and--
       (1) if the Board has rendered a recommended decision, its 
     recommendation shall be final agency action and not subject 
     to further review or approval within the Department of 
     Transportation; or
       (2) if the Board has not rendered a recommended decision, 
     agency action is deemed to have been unreasonably delayed or 
     withheld and the applicant is entitled to--
       (A) an order under section 706(1) of title 5, United States 
     Code, directing final action be taken within 30 days from the 
     date the order is entered; and
       (B) from amounts appropriated to the Department of 
     Transportation, the costs of obtaining the order, including a 
     reasonable attorney's fee.
       (b) The 10-month deadline established in section 212 of the 
     Coast Guard Authorization Act of 1989 (Public Law 101-225, 
     103 Stat. 1914) is mandatory, and applies to any application 
     pending before the Board or the Secretary of Transportation 
     on June 12, 1990.

     SEC. 2016. SENSE OF THE CONGRESS REGARDING PASSENGERS ABOARD 
                   COMMERCIAL VESSELS.

       It is the sense of the Congress that section 521(a)(1) of 
     Public Law 103-182 (19 U.S.C. 58c(a)(5)) was intended to 
     require the collection and remission of a fee from each 
     passenger only one time in the course of a single voyage 
     aboard a commercial vessel.
         TITLE XXI--MARINE BIOTECHNOLOGY INVESTMENT ACT OF 1993

     SEC. 2101. SHORT TITLE.

       This Title may be cited as the ``Marine Biotechnology 
     Investment Act of 1993''.

     SEC. 2102. FINDINGS.

       Congress finds and declares the following:
       (1) Throughout human history, the oceans and Great Lakes 
     have been an important source of food and a wealth of other 
     natural products.
       (2) Marine biotechnology holds tremendous promise for 
     expanding the range and increasing the utility of products 
     from the oceans, understanding and treating human illness, 
     and enhancing the quality and quantity of seafood.
       (3) Marine biotechnology offers opportunities to improve 
     the stewardship of marine resources through the development 
     and application of effective methods to restore and protect 
     marine ecosystems, to manage fisheries, to promote the 
     economic growth of coastal economies (particularly those 
     which rely substantially on income from traditional 
     fisheries), and to monitor marine biological and geochemical 
     processes.
       (4) The United States currently is a world leader in marine 
     biotechnology, a position with the potential for contributing 
     to business and manufacturing innovations, creation of new 
     jobs, and stimulation of private sector investment.
       (5) Maintaining national leadership in the face of growing 
     foreign competition will require federal investment in a 
     well-defined and coordinated national program of research, 
     development and private sector partnership, based on the 
     existing responsibilities and expertise of the National 
     Oceanic and Atmospheric Administration and other federal 
     agencies.
       (6) In particular, the National Sea Grant College Program 
     should play a leading role in the development of marine 
     biotechnology in the United States, building on proven 
     capabilities in research, technology transfer, and education.

     SEC. 2103. DEFINITIONS.

       As used in this Title--
       (1) The term ``Council'' means the Federal Coordinating 
     Council on Science, Engineering, and Technology or any 
     successor organization responsible for the coordination of 
     scientific research among federal agencies and departments.
       (2) The term ``Director'' means the Director of the Office 
     of Science and Technology Policy.
       (3) The term ``marine biotechnology'' means the application 
     of molecular and cellular techniques to marine or other 
     aquatic organisms for the purposes of--
       (A) identifying, isolating, developing, and enhancing 
     products that are derived from the aquatic environment;
       (B) developing new techniques and processes that may be 
     applied to marine and coastal resources; and
       (C) monitoring human health and treating disease.
       (4) The term ``release of organisms'' means--
       (A) the intentional release; or
       (B) the accidental release from a contained research 
     facility;
     into the surrounding environment, of a living marine or other 
     aquatic organism in which the genetic material has been 
     purposely altered at the molecular or cellular level in a way 
     that could not result from the natural reproductive process 
     of that species.
       (5) The term ``Sea Grant director'' means director of a 
     college, program, or regional consortium designated under the 
     National Sea Grant College Program Act (33 U.S.C. 1121 et 
     seq.).
       (6) The term ``Secretary'' means the Secretary of Commerce.
       (7) The term ``Strategy'' means the National Marine 
     Biotechnology Strategy developed under section 2104, or any 
     revision thereof.

     SEC. 2104. NATIONAL MARINE BIOTECHNOLOGY STRATEGY.

       (a) In General.--The Director shall develop a National 
     Marine Biotechnology Strategy for the establishment and 
     implementation of a comprehensive research and development 
     effort to assist the nation in understanding and using marine 
     biotechnology. The Director shall submit the Strategy to the 
     President and Congress within one year after the date of 
     enactment of this Title and shall submit a revised Strategy 
     at least once every three years thereafter.
       (b) Elements of the Strategy.--The Strategy shall--
       (1) establish, for the five-year period beginning in the 
     year the Strategy is submitted, goals and priorities for a 
     coordinated federal effort in marine biotechnology;
       (2) describe specific activities to achieve such goals and 
     priorities, including--
       (A) basic and applied research initiatives;
       (B) essential infrastructure development;
       (C) education and training programs;
       (D) development of partnerships among government agencies, 
     industry, and academia to translate research findings into 
     practical use;
       (E) applications of marine biotechnology which can be used 
     to contribute to the economic stability and vitality of 
     economies based on traditional fisheries.
       (3) set forth the role of each participation federal agency 
     and department, identifying and addressing (consistent with 
     the responsibilities established in this Title) relevant 
     programs and activities of such agencies and departments that 
     would contribute to the effort;
       (4) estimate, to the extent practicable, funding 
     requirements for the federal marine biotechnology effort 
     described in the Strategy; and
       (5) provide for, which respect to federally funded 
     activities that may involve release of organisms, coordinated 
     oversight by federal departments and agencies, including 
     development of--
       (A) guidelines and performance standards that are necessary 
     for the safe conduct of such activities and for preventing 
     significant environmental risk; and
       (B) procedures to ensure compliance with such guidelines 
     and performance standards.
       (c) Consultation.--In developing and revising the Strategy, 
     the Director--
       (1) shall consult with federal, State, academic, 
     commercial, and environmental entities involved in marine 
     biotechnology; and
       (2) may convene meetings and workshops, in consultation 
     with the National Academy of Sciences and the Sea Grant 
     directors.

     SEC. 2105. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

       (a) In General.--The Secretary, in consultation with the 
     council, shall, within the National Oceanic and Atmospheric 
     Administration, maintain a balanced program of marine 
     biotechnology activities, comprised of--
       (1) the program established by section 206 of the National 
     Sea Grant College Program Act (33 U.S.C. 1121 et seq.), as 
     added by section 2106 of this Title;
       (2) research conducted under agreements with academic 
     institutions for the purposes of developing and applying 
     marine biotechnology to the management, conservation, and use 
     of living marine resources; and
       (3) marine forensics, biotoxins, and microbiological 
     research on new methods for ensuring the safety of seafood, 
     implementing and enforcing marine environmental statutes, and 
     addressing coastal pollution.
       (b) Restriction Relating to Release of Organisms.--
       (1) In general.--The Secretary shall not conduct activities 
     (either directly or through the award of a grant or contract) 
     that may involve release of organisms, unless such 
     activities--
       (A) have been reviewed and approved under other applicable 
     federal law; or
       (B) are found by the Secretary, based on the Secretary's 
     written assessment, to pose no significant environmental 
     risk.
       (2) Conditions for making a finding.--The Secretary may 
     make a finding under subparagraph (1)(B)--
       (A) in the case of an intentional release of organisms, 
     only after providing notice and an opportunity for public 
     comment;
       (B) within 18 months after the date of the enactment of 
     this Title only, if the Secretary includes with the finding a 
     brief but complete description of the basis for that finding; 
     and
       (C) after 18 months after the date of the enactment of this 
     Title, only after guidelines, performance standards, and 
     procedures necessary for the safe conduct of activities by 
     the Department of Commerce that may involve the release of 
     organisms have been developed.
       (c) Termination of Award.--The Secretary shall promptly 
     withdraw any award made under this Title if the Secretary 
     determines that the grantee or contractee in question has 
     failed to abide by the applicable guidelines, performance 
     standards, and procedures referred to in this section or 
     section 2104 of this Title.
       (d) Restriction on Pacific Salmon.--The Secretary shall 
     only conduct research or award a grant or contract for marine 
     biotechnology applications intended to promote or enhance 
     farming, ranching, or other forms of captive cultivation 
     (other than stock identification or hatchery enhancement of 
     wild stocks) of any species of Pacific salmon upon making a 
     written finding that such award, grant, or contract will not 
     be detrimental to the economic stability and responsible 
     development of traditional coastal economies which rely 
     substantially on the harvest of wild stocks of Pacific salmon 
     for a significant portion of their livelihood.
       (e) Authorization of Appropriations.--In addition to the 
     sums authorized to be appropriated under section 212 of the 
     National Sea Grant College Program Act (33 U.S.C. 1131), 
     there are authorized to be appropriated to the Secretary, to 
     enable the National Oceanic and Atmospheric Administration to 
     carry out this Title, $12,000,000 for each of fiscal years 
     1994, 1995, 1996, and 1997.

     SEC. 2106. SEA GRANT MARINE BIOTECHNOLOGY PROGRAM.

       (a) Establishment.--The National Sea Grant College Program 
     Act (33 U.S.C. 1121 et seq.) is amended by inserting 
     immediately after section 205 the following new section:

     ``SECTION 206. MARINE BIOTECHNOLOGY PROGRAM.

        ``(a) Marine Biotechnology Program.--Subject to the 
     availability of appropriations under section 212(c), the 
     national sea grant college program provided for under section 
     204 shall include a marine biotechnology program under which 
     the Secretary, acting through the Director, shall--
       ``(1) make grants and enter into contracts in accordance 
     with this section; and
       ``(2) engage in other activities authorized under this Act; 
     to further research, development, education, technology 
     transfer, and risk assessment in marine biotechnology.
       ``(b) Administration.--In carrying out the marine 
     biotechnology program, the Secretary shall--
       ``(1) coordinate the relevant activities of the directors 
     of the sea grant colleges and the Marine Biotechnology Review 
     Panel established under subsection (d); and
       ``(2) provide general oversight of the review process under 
     subsection (d)(1) to ensure that the marine biotechnology 
     program produces the highest quality research, development, 
     education, and technology transfer.
       ``(c) Grants and Contracts.--
       ``(1) Applications.--Applications for grants and contracts 
     under this section shall be--
       ``(A) made in such form and manner, and include such 
     content and submissions, as the Secretary shall by advance 
     notice prescribe;
       ``(B) forwarded by the appropriate directors of sea grant 
     colleges, along with an evaluation by those directors of 
     merit and programmatic relevance, to the National Sea Grant 
     Office; and
       ``(C) reviewed by the Marine Biotechnology Review Panel in 
     accordance with subsection (d).
       ``(2) Terms and conditions.--Any reference in subsection 
     (d) of section 205 or in the last sentence of subsection (a) 
     of section 205 to grants and contracts provided for under 
     that section shall be treated, as the context requires, as 
     including any grant applied for or made, or contract applied 
     for or entered into, under this section.
       ``(3) Awarding of grants and contracts.--The Secretary 
     shall award grants and contracts under this section on the 
     basis of the recommendations for award made by the Marine 
     Biotechnology Review Panel under subsection (d).
       ``(d) Marine Biotechnology Review Panel.--
       ``(1) Establishment and duties.--Subject to the 
     availability of appropriations under section 212(c), the 
     Director, in consultation with the directors of the sea grant 
     colleges, shall convene a panel, to be known as the Marine 
     Biotechnology Review Panel, that shall--
       ``(A) review, on a competitive basis, the applications made 
     under this section for grants and contracts to determine 
     their respective scientific, technical, educational, and 
     commercial merits and likely contributions toward achieving 
     the purposes of this section; and
       ``(B) on the basis of the review under subparagraph (A), 
     and with due regard for the overall balance and coordination 
     of the marine biotechnology program, make recommendations to 
     the Secretary regarding the awarding of grants and contracts 
     under this section.
       ``(2) Membership.--The Marine Biotechnology Review Panel 
     shall--
       ``(A) consist of not more than 15 individuals with 
     scientific or technical expertise in marine biotechnology or 
     relevant related fields, including at least two qualified 
     individuals with expertise in marine or freshwater ecological 
     risk assessment;
       ``(B) reflect a balance among areas of expertise consistent 
     with the purposes of this section;
       ``(C) include not more than two federal employees, none of 
     which may be employees of the National Oceanic and 
     Atmospheric Administration;
       ``(D) not include directors of sea grant colleges; and
       ``(E) reflect geographic balance, consistent with the 
     primary objectives of a high level of expertise and balance 
     among areas of expertise.
       ``(3) Allowances.--Each member of the Marine Biotechnology 
     Review panel shall receive travel expenses, including per 
     diem in lieu of subsistence, in accordance with sections 5702 
     and 5703 of title 5, United States Code.''.
       (b) Definitions.--(1) Section 203 of the National Sea Grant 
     College Program Act (33 U.S.C. 1122) is amended by 
     redesignating paragraphs (6) through (15) as paragraphs (7) 
     through (16), respectively, and by inserting after paragraph 
     (5) the following new paragraph:
       ``(6) The term `marine biotechnology' means the application 
     of molecular and cellular techniques to marine and other 
     aquatic organisms for the purposes of--
       ``(A) identifying, isolating, developing and enhancing 
     products that are derived from the aquatic environment;
       ``(B) developing new techniques and processes that may be 
     applied to marine and coastal resources; and
       ``(C) monitoring human health and treating diseases.''.
       (2) Section 203(4) of the National Sea Grant College 
     Program Act (33 U.S.C. 1122(4) is amended by inserting 
     ``marine biotechnology,'' immediately after ``marine 
     technology,''.
       (c) Authorization of Appropriations.--Section 212 of the 
     National Sea Grant College Program Act (33 U.S.C. 1131) is 
     amended--
       (1) in subsection (b), by inserting ``but not including 
     section 206'' immediately after ``section 209'';
       (2) by redesignating subsections (c), (d), and (e) as 
     subsection (d), (e) and (f) respectively; and
       (3) by inserting immediately after subsection (b) the 
     following new subsection:
       ``(c) Marine Biotechnology Program.--
       ``(1) Grants and contracts.--There is authorized to be 
     appropriated to carry out the provisions of section 206 
     (other than for administration) an amount --
       ``(A) for each of fiscal years 1994 and 1995, not to exceed 
     $20,000,000; and
       ``(B) for each of fiscal years 1996 and 1997, not to exceed 
     $25,000,000.
       ``(2) Administration.--There is authorized to be 
     appropriated for the administration of section 206, an 
     amount--
       ``(A) for each of fiscal years 1994 and 1995, not to exceed 
     $200,000; and
       ``(B) for each of fiscal years 1996 and 1997, not to exceed 
     $250,000.''.
                  TITLE XXII--DOCUMENTATION OF VESSELS

     SEC. 2201. AUTHORIZATION OF DOCUMENTATION FOR VARIOUS 
                   VESSELS.

       (a) In General.--Notwithstanding section 27 of the Merchant 
     Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 
     1886 (46 App. U.S.C. 289), the Act of May 28, 1906 (46 App. 
     U.S.C. 292), and sections 12106, 12107, and 12108 of title 
     46, United States Code, the Secretary of the department in 
     which the Coast Guard is operating may issue a certificate of 
     documentation with appropriate endorsements for the vessels 
     listed in subsection (b).
       (b) Vessels Described.--The vessels referred to in 
     subsection (a) are the following:
       (1) ABORIGINAL (United States official number 942118).
       (2) ALPHA TANGO (United States official number 945782)
       (3) ANNAPOLIS (United States official number 999008).
       (4) ARTHUR ATKINSON (former United States official number 
     214656).
       (5) ATTITUDE (North Carolina registration number NC3607AN).
       (6) BAGGER (Hawaii registration number HI1809E).
       (7) BIG DAD (United States official number 565022).
       (8) BIG GUY (United States official number 939310).
       (9) BROKEN PROMISE (United States official number 904435).
       (10) CHESAPEAKE (United States official number 999010).
       (11) CHRISSY (Maine registration number ME4778B).
       (12) CONSORT (United States official number 999005).
       (13) CURTIS BAY (United States official number 999007).
       (14) EAGLE MAR (United States official number 575349).
       (15) EMERALD AYES (United States official number 986099).
       (16) EMPRESS (United States official number 975018).
       (17) ENDEAVOR (United States official number 947869).
       (18) FIFTY ONE (United States official number 1020419).
       (19) FIREBIRD (United States official number 253656).
       (20) GIBRALTAR (United States official number 668634).
       (21) HAMPTON ROADS (United States official number 999009).
       (22) INTREPID (United States official number 508185).
       (23) ISABELLE (United States official number 600655).
       (24) JAMESTOWN (United States official number 999006).
       (25) JOAN MARIE (North Carolina official number NC2319AV).
       (26) KLIPPER (New York registration number NY8166AN).
       (27) L.R. BEATTIE (United States official number 904161).
       (28) LADY ANGELA (United States official number 933045).
       (29) LADY HAWK (United States official number 961095).
       (30) LADY HELEN (United States official number 527746).
       (31) MANDIRAN (United States official number 939915).
       (32) MEMORY MAKER (Maryland registration number MD8867AW, 
     hull number 3151059).
       (33) OLD HAT (United States official number 508299).
       (34) ORCA (United States official number 504279).
       (35) REEL TOY (United States official number 698383).
       (36) RENDEZVOUS (United States official number 924140).
       (37) SALLIE D (Maryland registration number MD2655A).
       (38) SEAHAWK (United States official number 673537).
       (39) SEAHAWK III (United States official number 996375).
       (40) SEA MISTRESS (United States official number 696806).
       (41) SERENITY (United States official number 1021393).
       (42) SHAMROCK V (United States official number 900936).
       (43) SILENT WINGS (United States official number 969182).
       (44) SUNSHINE (United States official number 974320).
       (45) TECUMSEH (United States official number 668633).
       (46) VIKING (former United States official number 224430).
       (47) WHY KNOT (United States official number 688570).
       (48) WOLF GANG II (United States official number 984934).
       (49) A hopper barge owned by Foley & Foley Marine 
     Contractors, Inc. (United States official number 264959).
       (50) Each of 2 barges owned by Roen Salvage Co., numbered 
     103 and 203.
       (51) Each of 3 spud barges owned by Dan's Excavating, Inc., 
     as follows:
       (A) Spud barge 102 (United States official number 1021958).
       (B) Spud barge 103 (United States official number 1021960).
       (C) Spud barge 968 (United States official number 1021959).
       (52) Each of 3 barges owned by Harbor Marine Corporation of 
     Rhode Island, as follows:
       (A) HARBOR 223 (approximately 110 feet in length).
       (B) GENE ELIZABETH (approximately 200 feet in length).
       (C) HARBOR 221 (approximately 90 feet in length).
       (53) SMALLEY 6808 Amphibious Dredge (Florida registration 
     number FL1855FF).
       (54) TOO MUCH FUN (United States official number 936565).

     SEC. 2202. AUTHORIZATION OF DOCUMENTATION FOR THE ATLANTIS 
                   III.

       Notwithstanding section 27 of the Merchant Marine Act, 1920 
     (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App. 
     U.S.C. 289), and section 12106 of title 46, United States 
     Code, the Secretary of the department in which the Coast 
     Guard is operating may issue a certificate of documentation 
     with appropriate coastwise endorsement for employment in the 
     coastwise trade in Alaska during the period beginning May 1, 
     1995, and ending October 31, 1996, for the vessel ATLANTIS 
     III (Coast Guard MSIS number CG006455).

     SEC. 2203. VESSEL DOCUMENTATION FOR CHARITY CRUISES.

       (a) Authority To Document Vessels.--
       (1) In general.--Notwithstanding section 27 of the Merchant 
     Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 
     1886 (46 App. U.S.C. 289), and section 12106 of title 46, 
     United States Code, and subject to paragraph (2), the 
     Secretary of the department in which the Coast Guard is 
     operating may issue a certificate of documentation with a 
     coastwise endorsement for each of the vessels--
       (A) GALLANT LADY (Feadship hull number 645, approximately 
     130 feet in length); and
       (B) GALLANT LADY (Feadship hull number 651, approximately 
     172 feet in length).
       (2) Limitation on operation.--Coastwise trade authorized 
     under a certificate of documentation issued for a vessel 
     under this section shall be limited to carriage of passengers 
     in association with contributions to charitable organizations 
     no portion of which is received, directly or indirectly, by 
     the owner of the vessel.
       (3) Condition.--The Secretary may not issue any certificate 
     of documentation under paragraph (1) unless the owner of the 
     vessel referred to in paragraph (1)(A) (in this section 
     referred to as the ``owner''), within 90 days after the date 
     of the enactment of this Act, submits to the Secretary a 
     letter expressing the intent of the owner to enter into a 
     contract before October 1, 1996, for construction in the 
     United States of a passenger vessel of at least 130 feet in 
     length.
       (4) Effective date of certificates.--A certificate of 
     documentation issued under paragraph (1)--
       (A) for the vessel referred to in paragraph (1)(A), shall 
     take effect on the date of issuance of the certificate; and
       (B) for the vessel referred to in paragraph (1)(B), shall 
     take effect on the date of delivery of the vessel to the 
     owner.
       (b) Termination of Effectiveness of Certificates.--A 
     certificate of documentation issued for a vessel under 
     subsection (a)(1) shall expire--
       (1) on the date of the sale of the vessel by the owner;
       (2) on October 1, 1996, if the owner has not entered into a 
     contract for construction of a vessel in accordance with the 
     letter of intent submitted to the Secretary under subsection 
     (a)(3); and
       (3) on any date on which such a contract is breached, 
     rescinded, or terminated (other than for completion of 
     performance of the contract) by the owner.

     SEC. 2204. EXTENSION OF DEADLINE FOR THE M/V TWIN DRILL.

       Section 601(d) of Public Law 103-206 is amended by striking 
     ``June 30'' in subpart (3) and inserting ``December 31'' and 
     by striking ``12'' in subpart (4) and inserting ``18''.

     SEC. 2205. COASTWISE TRADE AUTHORIZATION FOR HOVERCRAFT.

       Notwithstanding section 27 of the Merchant Marine Act, 1920 
     (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App. 
     U.S.C. 289), and sections 12106 and 12107 of title 46, United 
     States Code, the Secretary of Transportation may issue a 
     certificate of documentation with a coastwise endorsement for 
     each of the vessels IDUN VIKING (Danish Registration number 
     A433), LIV VIKING (Danish Registration number A394), and 
     FREJA VIKING (Danish Registration number A395) if--
       (1) all repair and alteration work on the vessels necessary 
     to their operation under this section is performed in the 
     United States;
       (2) a binding contract for the construction in the United 
     States of at least 3 similar vessels for the coastwise trade 
     is executed by the owner of the vessels within 6 months after 
     the date of enactment of this Act; and
       (3) the vessels constructed under the contract entered into 
     under paragraph (1) are to be delivered within 3 years after 
     the date of entering into that contract.

     SEC. 2206. WRECKED VESSEL.

       The M/V SPIRIT OF THE PACIFIC NORTHWEST (Bahamian official 
     number 725338) shall be considered to have met the 
     requirements of the section 4136 of the Revised Statutes of 
     the United States (46 App. U.S.C. 14), if the Secretary of 
     Transportation determines--
       (1) that the vessel was purchased or salvaged by a United 
     States corporation and subsequently repaired in a shipyard in 
     the United States; and
       (2) that repairs to the vessel were equal to or greater 
     than three times the appraised salved value of the vessel.

     SEC. 2207. AUTHORIZATION FOR R/V ROSS SEAL TO BE DOCUMENTED 
                   UNDER THE LAWS OF A FOREIGN COUNTRY.

       Notwithstanding any other law--
       (1) during the period beginning March 1, 1995, and ending 
     March 1, 1998, the vessel R/V ROSS SEAL United States 
     official number 582641 may be documented under the laws of a 
     foreign country;
       (2) that vessel shall not be prohibited from or otherwise 
     ineligible to engage in coastwise trade, by reason of having 
     been documented under the laws of a foreign country in that 
     period; and
       (3) the Secretary of Transportation may not, by reason of 
     that vessel having been documented under the laws of a 
     foreign country in the period, withhold documentation for 
     that vessel under chapter 121 of title 46, United States 
     Code, .
  Mr. HUGHES (during the reading). Mr. Speaker, I ask unanimous consent 
that the amendment in the nature of a substitute be considered as read 
and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  The SPEAKER pro tempore. The question is on the amendment in the 
nature of a substitute offered by the gentleman from New Jersey [Mr. 
Hughes].
  The amendment in the nature of a substitute was agreed to.


                 title amendment offered by mr. hughes

  Mr. HUGHES. Mr. Speaker, I offer an amendment to the title.
  The Clerk read as follows:

       Title amendment offered by Mr. Hughes: Amend the title of 
     the bill so as to read: ``A bill to provide congressional 
     approval of a governing international fishery agreement, to 
     authorize appropriations for the Coast Guard for fiscal year 
     1995, and for other purposes.''.

  The title amendment was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________