[Congressional Record Volume 141, Number 183 (Friday, November 17, 1995)]
[Senate]
[Pages S17362-S17420]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       COAST GUARD AUTHORIZATION

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of calendar No. 210, S. 1004.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1004) to authorize appropriations for the United 
     States Coast Guard, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coast Guard Authorization 
     Act of 1995''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT
Sec. 201. Provision of child development services.
Sec. 202. Hurricane Andrew relief.
Sec. 203. Dissemination of results of 0-6 continuation boards.
Sec. 204. Exclude certain reserves from end-of-year strength.
Sec. 205. Officer retention until retirement eligible.
Sec. 206. Contracts for health care services.
Sec. 207. Recruiting.
TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT
Sec. 301. Increased penalties for documentation violations.
Sec. 302. Clerical amendment.
Sec. 303. Maritime Drug and Alcohol Testing Program Civil Penalty.
Sec. 304. Renewal of the Navigation Safety Advisory Council.
Sec. 305. Renewal of the Commercial Fishing Industry Vessel Advisory 
              Committee.
Sec. 306. Renewal of Towing Safety Advisory Committee.
Sec. 307. Electronic filing of commercial instruments.
Sec. 308. Civil penalties.
TITLE IV--COAST GUARD AUXILIARY AMENDMENTS
Sec. 401. Administration of the Coast Guard Auxiliary.
Sec. 402. Purpose of the Coast Guard Auxiliary.
Sec. 403. Members of the Auxiliary; Status.
Sec. 404. Assignment and Performance of Duties.
Sec. 405. Cooperation with other Agencies, States, Territories, and 
              Political Subdivisions.
Sec. 406. Vessel Deemed Public Vessel.
Sec. 407. Aircraft Deemed Public Aircraft.
Sec. 408. Disposal of Certain Material.
TITLE V--RECREATIONAL BOATING SAFETY IMPROVEMENT
Sec. 501. State recreational boating safety grants.
Sec. 502. Boating access.
TITLE VI--COAST GUARD REGULATORY REFORM
Sec. 601. Short title.
Sec. 602. Safety management.
Sec. 603. Use of reports, documents, records, and examinations of other 
              persons.
Sec. 604. Equipment approval.
Sec. 605. Frequency of inspection.
Sec. 606. Certificate of inspection.
Sec. 607. Delegation of authority of Secretary to classification 
              societies.
TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS.
Sec. 701. Amendment of inland navigation rules.
Sec. 702. Measurement of vessels.
Sec. 703. Longshore and harbor workers compensation.
Sec. 704. Radiotelephone requirements.
Sec. 705. Vessel operating requirements.
Sec. 706. Merchant Marine Act, 1920.
Sec. 707. Merchant Marine Act, 1956.
Sec. 708. Maritime education and training.
Sec. 709. General definitions.
Sec. 710. Authority to exempt certain vessels.
Sec. 711. Inspection of vessels.
Sec. 712. Regulations.
Sec. 713. Penalties--inspection of vessels.
Sec. 714. Application--tank vessels.
Sec. 715. Tank vessel construction standards.
Sec. 716. Tanker minimum standards.
Sec. 717. Self-propelled tank vessel minimum standards.
Sec. 718. Definition--abandonment of barges.
Sec. 719. Application--load lines.
Sec. 720. Licensing of individuals.
Sec. 721. Able seamen-limited.
Sec. 722. Able seamen--offshore supply vessels.
Sec. 723. Scale of employment--able seamen.
Sec. 724. General requirements--engine department.
Sec. 725. Complement of inspected vessels.
Sec. 726. Watchmen.
Sec. 727. Citizenship and naval reserve requirements.
Sec. 728. Watches.
Sec. 729. Minimum number of licensed individuals.
Sec. 730. Officers' competency certificates convention.
Sec. 731. Merchant mariners' documents required.
Sec. 732. Certain crew requirements.
Sec. 733. Freight vessels.
Sec. 734. Exemptions.
Sec. 735. United States registered pilot service.
Sec. 736. Definitions--merchant seamen protection.
Sec. 737. Application--foreign and intercoastal voyages.
Sec. 738. Application--coastwise voyages.
Sec. 739. Fishing agreements.
Sec. 740. Accomodations for seamen.
Sec. 741. Medicine chests.
Sec. 742. Logbook and entry requirements.
Sec. 743. Coastwise endorsements.
Sec. 744. Fishery endorsements.
Sec. 745. Convention tonnage for licenses, certificates, and documents.

                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 1995.--Funds are authorized to be 
     appropriated for necessary expenses of the Coast Guard for 
     fiscal year 1995, as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $2,630,505,000, of which $25,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $439,200,000, to re main available until 
     expended, of which $32,500,000 shall be derived from the 
     Oil Spill Liability Trust Fund to carry out the purposes 
     of section 1012(a)(5) of the Oil Pollution Act of 1990.
       (3) For research, development, test, and evaluation of 
     technologies, materials, and human factors directly relating 
     to improving the performance of the Coast Guard's mission in 
     support of search and rescue, aids to navigation, marine 
     safety, marine environmental protection, enforcement of laws 
     and treaties, ice operations, oceanographic research, and 
     defense readiness, $20,310,000, to remain available until 
     expended, of which $3,150,000 shall be derived from the Oil 
     Spill Liability Trust Fund.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, $562,585,000.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program, $12,880,000, 
     to remain available until expended, which may be made 
     available under section 104(e) of title 49, United States 
     Code.
       (6) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operations and maintenance), $25,000,000, to remain 
     available until expended.
       (b) Fiscal Year 1996.--Funds are authorized to be 
     appropriated for necessary expenses of the Coast Guard for 
     fiscal year 1996, as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $2,618,316,000, of which $25,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, 

[[Page S 17363]]
     shore and offshore facilities, vessels, and aircraft, including 
     equipment related thereto, $428,200,000, to remain available 
     until expended, of which $32,500,000 shall be derived from 
     the Oil Spill Liability Trust fund to carry out the purposes 
     of section 1012(a)(5) of the Oil Pollution Act of 1990.
       (3) For research, development, test, and evaluation of 
     technologies, materials, and human factors directly relating 
     to improving the performance of the Coast Guard's mission in 
     support of search and rescue, aids to navigation, marine 
     safety, marine environmental protection, enforcement of laws 
     and treaties, ice operations, oceanographic research, and 
     defense readiness, $22,500,000, to remain available until 
     expended, of which $3,150,000 shall be derived from the Oil 
     Spill Liability Trust Fund.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, $582,022,000.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program, $16,200,000, 
     to remain available until expended, of which up to 
     $14,200,000 may be made available under section 104(e) of 
     title 49, United States Code.
       (6) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operations and maintenance), $25,000,000, to remain 
     available until expended.
       (c) Amounts from the Discretionary Bridge Program.--Section 
     104 of title 49, United States Code, is amended by adding at 
     the end thereof the following:
       ``(e) Notwithstanding the provisions of sections 101(d) and 
     144 of title 23, highway bridges determined to be 
     unreasonable obstructions to navigation under the Truman-
     Hobbs Act may be funded from amounts set aside from the 
     discretionary bridge program. The Secretary shall transfer 
     these allocations and the responsibility for administration 
     of these funds to the United States Coast Guard.''.

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

       (a) Authorized Military Strength Level.--The Coast Guard is 
     authorized an end-of-year strength for active duty personnel 
     of--
       (1) 39,000 as of September 30, 1995.
       (2) 38,400 as of September 30, 1996.
     The authorized strength does not include members of the Ready 
     Reserve called to active duty for special or emergency 
     augmentation of regular Coast Guard forces for periods of 180 
     days or less.
       (b) Authorized Level of Military Training.--The Coast Guard 
     is authorized average military training student loads as 
     follows:
       (1) For recruit and special training--
       (A) 2,000 student years for fiscal year 1995; and
       (B) 1,604 student years for fiscal year 1996.
       (2) For flight training--
       (A) 133 student years for fiscal year 1995; and
       (B) 85 student years for fiscal year 1996.
       (3) For professional training in military and civilian 
     institutions--
       (A) 344 student years for fiscal year 1995; and
       (B) 330 student years for fiscal year 1996.
       (4) For officer acquisition--
       (A) 955 student years for fiscal year 1995; and
       (B) 874 student years for fiscal year 1996.
                TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

     SEC. 201. PROVISION OF CHILD DEVELOPMENT SERVICES.

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

       ``Sec. 515. Child development services

       ``(a) The Commandant may make child development services 
     available for members and civilian employees of the Coast 
     Guard, and thereafter as space is available for members of 
     the Armed Forces and Federal civilian employees. Child 
     development service benefits provided under the authority of 
     this section shall be in addition to benefits provided under 
     other laws.
       ``(b)(1) Except as provided in paragraph (2), the 
     Commandant may require that amounts received as fees for the 
     provision of services under this section at Coast Guard child 
     development centers be used only for compensation of 
     employees at those centers who are directly involved in 
     providing child care.
       ``(2) If the Commandant determines that compliance with the 
     limitation in paragraph (1) would result in an uneconomical 
     and inefficient use of such fee receipts, the Commandant may 
     (to the extent that such compliance would be uneconomical and 
     inefficient) use such receipts--
       ``(A) for the purchase of consumable or disposable items 
     for Coast Guard child development centers; and
       ``(B) if the requirements of such centers for consumable or 
     disposable items for a given fiscal year have been met, for 
     other expenses of those centers.
       ``(c) The Commandant shall provide for regular and 
     unannounced inspections of each child development center 
     under this section and may use Department of Defense or other 
     training programs to ensure that all child development center 
     employees under this section meet minimum standards of 
     training with respect to early childhood development, 
     activities and disciplinary techniques appropriate to 
     children of different ages, child abuse prevention and 
     detection,and appropriate emergency medical procedures.
       ``(d) Of the amounts available to the Coast Guard each 
     fiscal year for operating expenses (and in addition to 
     amounts received as fees), the Secretary shall use for child 
     development services under this section an amount equal to 
     the total amount the Commandant estimates will be received by 
     the Coast Guard in the fiscal year as fees for the provision 
     of those services.
       ``(e) The Commandant may use appropriated funds available 
     to the Coast Guard to provide assistance to family home day 
     care providers so that family home day care services can be 
     provided to uniformed service members and civilian employees 
     of the Coast Guard at a cost comparable to the cost of 
     services provided by Coast Guard child development centers.
       ``(f) The Secretary shall promulgate regulations to 
     implement this section. The regulations shall establish fees 
     to be charged for child development services provided under 
     this section which take into consideration total family 
     income.
       ``(g) For purposes of this section, the term `child 
     development center' does not include a child care services 
     facility for which space is allotted under section 616 of the 
     Act of December 22, 1987 (40 U.S.A. 490b).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 13 of title 14, United States Code, is 
     amended by inserting after the item related to section 514 
     the following:

``515. Child development services.''.

     SEC. 202. HURRICANE ANDREW RELIEF.

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

     SEC. 203. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION 
                   BOARDS.

       Section 289(f) of title 14, United States Code, is amended 
     by striking ``Upon approval by the President, the names of 
     the officers selected for continuation on active duty by the 
     board shall be promptly disseminated to the service at 
     large.''.

     SEC. 204. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.

       Section 712 of title 14, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d) Members ordered to active duty under this section 
     shall not be counted in computing authorized strength in 
     members on active duty or members in grade under this title 
     or under any other law.''.

     SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.

       Section 283(b) of title 14, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(b)'';
       (2) by striking the last sentence; and
       (3) by adding at the end the following:
       ``(2) Upon the completion of a term under paragraph (1), an 
     officer shall, unless selected for further continuation--
       ``(A) except as provided in subparagraph (B), be honorably 
     discharged with severance pay computed under section 286 of 
     this title;
       ``(B) in the case of an officer who has completed at least 
     18 years of active service on the date of discharge under 
     subparagraph (A), be retained on active duty and retired on 
     the last day of the month in which the officer completes 20 
     years of active service, unless earlier removed under another 
     provision of law; or
       ``(C) if eligible for retirement under any law, be 
     retired.''.

     SEC. 206. CONTRACTS FOR HEALTH CARE SERVICES.

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

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

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

[[Page S 17364]]

       ``(d) The procedures and exemptions provided under 
     subsection (c) shall not apply to personal services contracts 
     entered into under subsection (a) with entities other than 
     individuals or to any contract that is not an authorized 
     personal services contract under subsection (a).''.
       (b) The table of sections for chapter 17 of title 14, 
     United States Code, is amended by inserting after the item 
     relating to section 644 the following:

``644a. Contracts for health care services.''.
       (c) The amendments made by this section shall take effect 
     on the date of enactment of this Act. Any personal services 
     contract entered into on behalf of the Coast Guard in 
     reliance upon the authority of section 1091 of title 10 
     before that date is confirmed and ratified and shall remain 
     in effect in accordance with the terms of the contract.
       TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT

     SEC. 301. INCREASED PENALTIES FOR DOCUMENTATION VIOLATIONS.

       (a) Civil Penalty.-- Section 12122(a) of title 46, United 
     States Code, is amended by striking ``$500'' and inserting 
     ``$10,000.''
       (b) Seizure and Forfeiture.--
       (1) In general.-- Section 12122(b) of title 46, United 
     States Code, is amended to read as follows:
       ``(b) A vessel and its equipment are liable to seizure by 
     and forfeiture to the United States Government --
       ``(1) when the owner of a vessel or the representative or 
     agent of the owner knowingly falsifies or conceals a material 
     fact, or knowingly makes a false statement or representation 
     about the documentation or when applying for documentation of 
     the vessel;
       ``(2) when a certificate of documentation is knowingly and 
     fraudulently used for a vessel;
       ``(3) when a vessel is operated after its endorsement has 
     been denied or revoked under section 12123 of this title;
       ``(4) when a vessel is employed in a trade without an 
     appropriate trade endorsement;
       ``(5) when a documented vessel with only a recreational 
     endorsement is operated other than for pleasure; or
       ``(6) when a documented vessel, other than a vessel with 
     only a recreational endorsement operating within the 
     territorial waters of the United States, is placed under the 
     command of a person not a citizen of the United States.''.
       (2) Conforming amendment.--Section 12122(c) of title 46, 
     United States Code, is repealed.
       (c) Limitation on Operation of Vessel with Only 
     Recreational Endorsement.--Section 12110(c) of title 46, 
     United States Code, is amended to read as follows:
       ``(c) A vessel with only a recreational endorsement may not 
     be operated other than for pleasure.''.
       (d) Termination Of Restriction On Command Of Recreational 
     Vessels.--
       (1) Termination Of Restriction.--Subsection (d) of section 
     12110 of title 46, United States Code, is amended by 
     inserting ``, other than a vessel with only a recreational 
     endorsement operating within the territorial waters of the 
     United States,'' after ``A documented vessel''; and
       (2) Conforming Amendment.--Section 12111(a)(2) of title 46, 
     United States Code, is amended by inserting before the period 
     the following: ``in violation of section 12110(d) of this 
     title''.

     SEC. 302. CLERICAL AMENDMENT.

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

     SEC. 303. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL 
                   PENALTY.

       (a) In General.--Chapter 21 of title 46, United States 
     Code, is amended by adding at the end a new section 2115 to 
     read as follows:

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

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

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

     SEC. 304. RENEWAL OF THE NAVIGATION SAFETY ADVISORY COUNCIL.

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

     SEC. 305. RENEWAL OF THE COMMERCIAL FISHING INDUSTRY VESSEL 
                   ADVISORY COMMITTEE.

       Subsection (e)(1) of section 4508 of title 46, United 
     States Code, is amended by striking ``September 30, 1994'' 
     and inserting ``September 30, 2000''.

     SEC. 306. RENEWAL OF TOWING SAFETY ADVISORY COMMITTEE.

       Subsection (e) of the Act to Establish A Towing Safety 
     Advisory Committee in the Department of Transportation (33 
     U.S.C. 1231a(e) is amended by striking ``September 30, 1995'' 
     and inserting ``September 30, 2000''.

     SEC. 307. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS.

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

     SEC. 308. CIVIL PENALTIES.

       (a) Penalty for Failure to Report A Casualty.--Section 
     6103(a) of title 46, United States Code is amended by 
     striking ``$1,000'' and inserting ``not more than $25,000''.
       (b) Operation of Uninspected Towing Vessel in Violation of 
     Manning Requirements.--Section 8906 of title 46, United 
     States Code, is amended by striking ``$1,000'' and inserting 
     ``not more than $25,000''.
                    TITLE IV--COAST GUARD AUXILIARY

     SEC. 401. ADMINISTRATION OF THE COAST GUARD AUXILIARY.

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

     SEC. 402. PURPOSE OF THE COAST GUARD AUXILIARY.

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

     SEC. 403. MEMBERS OF THE AUXILIARY; STATUS.

       (a) Title 14, United States Code, is amended by inserting 
     after section 823 the following new section:

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

       ``(a) Except as otherwise provided in this chapter, a 
     member of the Coast Guard Auxiliary shall not be deemed to be 
     a Federal employee and shall not be subject to the provisions 
     of law relating to Federal employment, including those 
     relating to hours of work, rates of compensation, leave, 
     unemployment compensation, Federal employee benefits, ethics, 
     conflicts of interest, and other similar criminal or civil 
     statutes and regulations governing the conduct of Federal 
     employees. However, nothing in this subsection shall 
     constrain the Commandant from prescribing standards for the 
     conduct and behavior of members of the Auxiliary.
       ``(b) A member of the Auxiliary while assigned to duty 
     shall be deemed to be a Federal employee only for the 
     purposes of the following:
       ``(1) the Federal Tort Claims Act (28 U.S.C. 2671 et seq.), 
     the Military Claims Act (10 U.S.C. 2733), the Public Vessels 
     Act (46 U.S.C. App. 781-790), the Suits in Admiralty Act (46 
     U.S.C. App. 741-752), the Admiralty Extension Act (46 U.S.C. 
     App. 740), and for other noncontractual civil liability 
     purposes;
       ``(2) compensation for work injuries under chapter 81 of 
     title 5, United States Code; and

[[Page S 17365]]

       ``(3) the resolution of claims relating to damage to or 
     loss of personal property of the member incident to service 
     under the Military Personnel and Civilian Employees' Claims 
     Act of 1964 (31 U.S.C. 3721).
       ``(c) A member of the Auxiliary, while assigned to duty, 
     shall be deemed to be a person acting under an officer of the 
     United States or an agency thereof for purposes of section 
     1442(a)(1) of title 28, United States Code.''.
       (b) The table of sections for chapter 23 of title 14, 
     United States Code, is amended by inserting the following new 
     item after the item relating to section 823:

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

     SEC. 404. ASSIGNMENT AND PERFORMANCE OF DUTIES.

       Title 14, United States Code, is amended by striking 
     ``specific'' each place it appears in sections 830, 831, and 
     832.

     SEC. 405. COOPERATION WITH OTHER AGENCIES, STATES, 
                   TERRITORIES, AND POLITICAL SUBDIVISIONS.

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

     SEC. 406. VESSEL DEEMED PUBLIC VESSEL.

       The text of section 827 of title 14, United States Code, is 
     amended to read as follows:
       ``While assigned to authorized Coast Guard duty, any 
     motorboat or yacht shall be deemed to be a public vessel of 
     the United States and a vessel of the Coast Guard within the 
     meaning of sections 646 and 647 of this title and other 
     applicable provisions of law.''.

     SEC. 407. AIRCRAFT DEEMED PUBLIC AIRCRAFT.

       The text of section 828 of title 14, United States Code, is 
     amended to read as follows:
       ``While assigned to authorized Coast Guard duty, any 
     aircraft shall be deemed to be a Coast Guard aircraft, a 
     public vessel of the United States, and a vessel of the Coast 
     Guard within the meaning of sections 646 and 647 of this 
     title and other applicable provisions of law. Subject to the 
     provisions of sections 823a and 831 of this title, while 
     assigned to duty, qualified Auxiliary pilots shall be deemed 
     to be Coast Guard pilots.''.

     SEC. 408. DISPOSAL OF CERTAIN MATERIAL.

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

            TITLE V--RECREATIONAL BOATING SAFETY IMPROVEMENT

     SEC. 501. STATE RECREATIONAL BOATING SAFETY GRANTS.--

       (a) Transfer of Amounts for State Boating Safety 
     Programs.--
       (1) Transfers.--Section 4(b) of the Act of August 9, 1950 
     (16 U.S.C. 777c(b); commonly referred to as the ``Dingell-
     Johnson Sport Fish Restoration Act'') is amended to read as 
     follows:
       ``(b)(1) Of the balance of each annual appropriation 
     remaining after making the distribution under subsection (a), 
     an amount equal to $15,000,000 for fiscal year 1995, 
     $40,000,000 for fiscal year 1996, $55,000,000 for fiscal year 
     1997, and $69,000,000 for each of fiscal years 1998 and 1999, 
     shall, subject to paragraph (2), be used as follows:
       ``(A) A sum equal to $7,500,000 of the amount available for 
     fiscal year 1995, and a sum equal to $10,000,000 of the 
     amount available for each of fiscal years 1996 and 1997, 
     shall be available for use by the Secretary of the Interior 
     for grants under section 5604(c) of the Clean Vessel Act of 
     1992. Any portion of such a sum available for a fiscal year 
     that is not obligated for those grants before the end of the 
     following fiscal year shall be transferred to the Secretary 
     of Transportation and shall be expended by the Secretary of 
     Transportation for State recreational boating safety programs 
     under section 13106 of title 46, United States Code.
       ``(B) A sum equal to $7,500,000 of the amount available for 
     fiscal year 1995, $30,000,000 of the amount available for 
     fiscal year 1996, $45,000,000 of the amount available for 
     fiscal year 1997, and $59,000,000 of the amount available for 
     each of fiscal years 1998 and 1999, shall be transferred to 
     the Secretary of Transportation and shall be expended by the 
     Secretary of Transportation for recreational boating safety 
     programs under section 13106 of title 46, United States Code.
       ``(C) A sum equal to $10,000,000 of the amount available 
     for each of fiscal years 1998 and 1999 shall be available for 
     use by the Secretary of the Interior for--
       ``(i) grants under section 502(e) of the Coast Guard 
     Authorization Act of 1995; and
       ``(ii) grants under section 5604(c) of the Clean Vessel Act 
     of 1992.
     Any portion of such a sum available for a fiscal year that is 
     not obligated for those grants before the end of the 
     following fiscal year shall be transferred to the Secretary 
     of Transportation and shall be expended by the Secretary of 
     Transportation for State recreational boating safety programs 
     under section 13106 of title 46, United States Code.
       ``(2)(A) Beginning with fiscal year 1996, the amount 
     transferred under paragraph (1)(B) for a fiscal year shall be 
     reduced by the lesser of--
       ``(i) the amount appropriated for that fiscal year from the 
     Boat Safety Account in the Aquatic Resources Trust Fund 
     established under section 9504 of the Internal Revenue Code 
     of 1986 to carry out the purposes of section 13106 of title 
     46, United States Code; or
       ``(ii) $35,000,000.
       ``(iii) for fiscal year 1996 only, $30,000,000.
       ``(B) The amount of any reduction under subparagraph (A) 
     shall be apportioned among the several States under 
     subsection (d) of this section by the Secretary of the 
     Interior.''.
       (2) Conforming Amendment.--Section 5604(c)(1) of the Clean 
     Vessel Act of 1992 (33 U.S.C. 1322 note) is amended by 
     striking ``section 4(b)(2) of the Act of August 9, 1950 (16 
     U.S.C. 777c(b)(2), as amended by this Act)'' and inserting 
     ``section 4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 
     777c(b)(1))''.
       (b) Expenditure of Amounts for State Recreational Boating 
     SafetyPrograms.--Section 13106 of title 46, United States 
     Code, is amended--
       (1) by striking the first sentence of subsection (a)(1) and 
     inserting the following: ``Subject to paragraph (2), the 
     Secretary shall expend under contracts with States under this 
     chapter in each fiscal year for State recreational boating 
     safety programs an amount equal to the sum of the amount 
     appropriated from the Boat Safety Account for that fiscal 
     year plus the amount transferred to the Secretary under 
     section 4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 
     777c(b)(1)) for that fiscal year.''; and
       (2) by amending subsection (c) to read as follows:
       ``(c) For expenditure under this chapter for State 
     recreational boating safety programs there are authorized to 
     be appropriated to the Secretary of Transportation from the 
     Boat Safety Account established under section 9504 of the 
     Internal Revenue Code of 1986 (26 U.S.C. 9504) not more than 
     $35,000,000 each fiscal year.''.
       (c) Excess FY 1995 Boat Safety Account Funds Transfer.--
     Notwithstanding any other provision of law, $20,000,000 of 
     the annual appropriation from the Sport Fish Restoration 
     Account in fiscal year 1996 made in accordance with the 
     provisions of section 3 of the Act of August 9, 1950 (16 
     U.S.C. 777b) shall be excluded from the calculation of 
     amounts to be distributed under section 4(a) of such Act (16 
     U.S.C. 777c(a)).

     SEC. 502. BOATING ACCESS.

       (a) Findings.--The Congress makes the following findings:
       (1) Nontrailerable recreational motorboats contribute 15 
     percent of the gasoline taxes deposited in the Aquatic 
     Resources Trust Fund while constituting less than 5 percent 
     of the recreational vessels in the United States.
       (2) The majority of recreational vessel access facilities 
     constructed with Aquatic Resources Trust Fund moneys benefit 
     trailerable recreational vessels.
       (3) More Aquatic Resources Trust Fund moneys should be 
     spent on recreational vessel access facilities that benefit 
     recreational vessels that are nontrailerable vessels.
       (b) Purpose.--The purpose of this section is to provide 
     funds to States for the development of public facilities for 
     transient nontrailerable vessels.
       (c) Survey.--Within 18 months after the date of the 
     enactment of this Act, any State may complete and submit to 
     the Secretary of the Interior a survey which identifies--
       (1) the number and location in the State of all public 
     facilities for transient nontrailerable vessels; and
       (2) the number and areas of operation in the State of all 
     nontrailerable vessels that operate on navigable waters in 
     the State.
       (d) Plan.--Within 6 months after submitting a survey to the 
     Secretary of the Interior in accordance with subsection (c), 
     an eligible State may develop and submit to the Secretary of 
     the Interior a plan for the construction and renovation of 
     public facilities for transient nontrailerable vessels to 
     meet the needs of nontrailerable vessels operating on 
     navigable waters in the State.
       (e) Grant Program.--
       (1) Matching Grants.--The Secretary of the Interior shall 
     obligate not less than one-half of the amount made available 
     for each of fiscal years 1998 and 1999 under section 
     4(b)(1)(C) of the Act of August 9, 1950, as amended by 
     section 501(a)(1) of this Act, to make grants to any eligible 
     State to pay not more than 75 percent of the cost of 
     constructing or renovating public facilities for transient 
     nontrailerable vessels.
       (2) Priority.--
       (A) In General.--In awarding grants under this subsection, 
     the Secretary of the Interior shall give priority to projects 
     that consist of the construction or renovation of public 
     facilities for transient nontrailerable vessels in accordance 
     with a plan submitted by a State submitted under subsection 
     (b).
       (B) Within State.--In awarding grants under this subsection 
     for projects in a particular State, the Secretary of the 
     Interior shall give priority to projects that are likely to 
     serve the greatest number of nontrailerable vessels.
       (f) Definitions.--For the purpose of this section and 
     section 501 of this Act the term--
       (1) ``Act of August 9, 1950'' means the Act entitled ``An 
     Act to provide that the United States shall aid the States in 
     fish restoration and management projects, and for other 
     purposes'', approved August 9, 1950 (16 U.S.C. 777a et seq.);
       (2) ``nontrailerable vessel'' means a recreational vessel 
     greater than 26 feet in length;
       (3) ``public facilities for transient nontrailerable 
     vessels'' means mooring buoys, day-docks, seasonal slips or 
     similar structures located on navigable waters, that are 
     available 

[[Page S 17366]]
     to the general public and designed for temporary use by nontrailerable 
     vessels;
       (4) ``recreational vessel'' means a vessel--
       (A) operated primarily for pleasure; or
       (B) leased, rented, or chartered to another for the 
     latter's pleasure; and
       (5) ``State'' means each of the several States of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, Guam, American Samoa, the United States Virgin 
     Islands, and the Commonwealth of the Northern Marianas.

                TITLE VI--COAST GUARD REGULATORY REFORM

     SEC. 601. SHORT TITLE.

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

     SEC. 602. SAFETY MANAGEMENT.

       (a) Management of Vessels.--Title 46, United States Code, 
     is amended by adding after chapter 31 the following new 
     chapter:
  ``CHAPTER 32--MANAGEMENT OF VESSELS
``Sec.
``3201. Definitions.
``3202. Application.
``3203. Safety management system.
``3204. Implementation of safety management system.
``3205. Certification.

     ``Sec. 3201. Definitions

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

     ``Sec. 3202. Application

       ``(a) Mandatory Application.--This chapter applies to the 
     following vessels engaged on a foreign voyage:
       ``(1) Beginning July 1, 1998--
       ``(A) a vessel transporting more than 12 passengers 
     described in section 2101(21)(A) of this title; and
       ``(B) a tanker, bulk freight vessel, or 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 U.S.C. App. 91) of a vessel that is subject to this 
     chapter under section 3202(a) of this title or to the 
     International Safety Management Code, if the vessel does not 
     have on board a Safety Management Certificate and a copy of a 
     Document of Compliance for the vessel. Clearance may be 
     granted on filing a bond or other surety satisfactory to the 
     Secretary.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of subtitle II of title 46, United States Code, is 
     amended by inserting after the item relating to chapter 31 
     the following:

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

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

     SEC. 603. USE OF REPORTS, DOCUMENTS, RECORDS, AND 
                   EXAMINATIONS OF OTHER PERSONS.

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

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

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

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

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

     SEC. 604. EQUIPMENT APPROVAL.

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

[[Page S 17367]]
     amended by striking ``clauses (1)-(3)'' and inserting ``paragraphs (1), 
     (2), and (3)''.

     SEC. 605. FREQUENCY OF INSPECTION.

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

     SEC. 606. CERTIFICATE OF INSPECTION.

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

     SEC. 607. DELEGATION OF AUTHORITY OF SECRETARY TO 
                   CLASSIFICATION SOCIETIES.

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

     ``Sec. 3316. Classification societies''.

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

``3316. Classification societies.''.
             TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS

     SEC. 701. AMENDMENT OF INLAND NAVIGATION RULES.

       Section 2 of the Inland Navigational Rules Act of 1980 is 
     amended--
       (1) by amending Rule 9(e)(i) (33 U.S.C. 2009(e)(i)) to read 
     as follows:
       ``(i) In a narrow channel or fairway when overtaking, the 
     power-driven vessel intending to overtake another power-
     driven vessel shall indicate her intention by sounding the 
     appropriate signal prescribed in Rule 34(c) and take steps to 
     permit safe passing. The power-driven vessel being overtaken, 
     if in agreement, shall sound the same signal and may, if 
     specifically agreed to take steps to permit safe passing. If 
     in doubt she shall sound the danger signal prescribed in Rule 
     34(d).'';
       (2) in Rule 15(b) (33 U.S.C. 2015(b)) by inserting ``power-
     driven'' after ``Secretary, a'';
       (3) in Rule 23(a)(i) (33 U.S.C. 2023(a)(i)) after 
     ``masthead light forward''; by striking ``except that a 
     vessel of less than 20 meters in length need not exhibit this 
     light forward of amidships but shall exhibit it as far 
     forward as is practicable;'';
       (4) by amending Rule 24(f) (33 U.S.C. 2024(f)) to read as 
     follows:
       ``(f) Provided that any number of vessels being towed 
     alongside or pushed in a group shall be lighted as one 
     vessel, except as provided in paragraph (iii)--
       ``(i) a vessel being pushed ahead, not being part of a 
     composite unit, shall exhibit at the forward end, sidelights 
     and a special flashing light;
       ``(ii) a vessel being towed alongside shall exhibit a 
     sternlight and at the forward end, sidelights and a special 
     flashing light; and
       ``(iii) when vessels are towed alongside on both sides of 
     the towing vessels a stern light shall be exhibited on the 
     stern of the outboard vessel on each side of the towing 
     vessel, and a single set of sidelights as far forward and as 
     far outboard as is practicable, and a single special flashing 
     light.'';
       (5) in Rule 26 (33 U.S.C 2026)--
       (A) in each of subsections (b)(i) and (c)(i) by striking 
     ``a vessel of less than 20 meters in length may instead of 
     this shape exhibit a basket;''; and
       (B) by amending subsection (d) to read as follows:
       ``(d) The additional signals described in Annex II to these 
     Rules apply to a vessel engaged in fishing in close proximity 
     to other vessels engaged in fishing.''; and
       (6) by amending Rule 34(h) (33 U.S.C. 2034) to read as 
     follows:
       ``(h) A vessel that reaches agreement with another vessel 
     in a head-on, crossing, or overtaking situation, as for 
     example, by using the radiotelephone as prescribed by the 
     Vessel Bridge-to-Bridge Radiotelephone Act (85 Stat. 164; 33 
     U.S.C. 1201 et seq.), is not obliged to sound the whistle 
     signals prescribed by this rule, but may do so. If agreement 
     is not reached, then whistle signals shall be exchanged in a 
     timely manner and shall prevail.''.

     SEC. 702. MEASUREMENT OF VESSELS.

       Section 14104 of title 46, United States Code, is amended 
     by redesignating the existing text after the section heading 
     as subsection (a) and by adding at the end the following new 
     subsection:
       ``(b) If a statute allows for an alternate tonnage to be 
     prescribed under this section, the Secretary may prescribe it 
     by regulation. Until an alternate tonnage is prescribed, the 
     statutorily established tonnage shall apply to vessels 
     measured under chapter 143 or chapter 145 of this title.''.

     SEC. 703. LONGSHORE AND HARBOR WORKERS COMPENSATION.

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

     SEC. 704. RADIOTELEPHONE REQUIREMENTS.

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

     SEC. 705. VESSEL OPERATING REQUIREMENTS.

       Section 4(a)(3) of the Ports and Waterways Safety Act (33 
     U.S.C. 1223(a)(3)) is amended by inserting after ``300 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 706. MERCHANT MARINE ACT, 1920.

       Section 27A of the Merchant Marine Act, 1920 (46 U.S.C. 
     App. 883-1), is amended by inserting after ``five hundred 
     gross tons'' the following: ``as measured under section 14502 
     of title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title,''.

     SEC. 707. MERCHANT MARINE ACT, 1956.

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

     SEC. 708. MARITIME EDUCATION AND TRAINING.

       Section 1302(4)(A) of the Merchant Marine Act, 1936 (46 
     U.S.C. App. 1295a(4)(a)) is amended by inserting after 
     ``1,000 gross tons or more'' the following: ``as measured 
     under section 14502 of title 46, United States Code, or an 
     alternate tonnage measured under section 14302 of that title 
     as prescribed by the Secretary under section 14104 of that 
     title''.

     SEC. 709. GENERAL DEFINITIONS.

       Section 2101 of title 46, United States Code, is amended--
       (1) in paragraph (13), by inserting after ``15 gross tons'' 
     the following: ``as measured under section 14502 of title 46, 
     United States Code, or an alternate tonnage measured under 
     section 14302 of that title as prescribed by the Secretary 
     under section 14104 of that title'';
       (2) in paragraph (13a), by inserting after ``3,500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (3) in paragraph (19), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (4) in paragraph (22), by inserting after ``100 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (5) in paragraph (30)(A), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (6) in paragraph (32), by inserting after ``100 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (7) in paragraph (33), by inserting after ``300 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title'';
       (8) in paragraph (35), by inserting after ``100 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 

[[Page S 17368]]
     14302 of that title as prescribed by the Secretary under section 14104 
     of that title''; and
       (9) in paragraph (42), by inserting after ``100 gross 
     tons'' each place it appears, the following: ``as measured 
     under section 14502 of title 46, United States Code, or an 
     alternate tonnage measured under section 14302 of that title 
     as prescribed by the Secretary under section 14104 of that 
     title''.

     SEC. 710. AUTHORITY TO EXEMPT CERTAIN VESSELS.

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

     SEC. 711. INSPECTION OF VESSELS.

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

     SEC. 712. REGULATIONS.

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

     SEC. 713. PENALTIES--INSPECTION OF VESSELS.

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

     SEC. 714. APPLICATION--TANK VESSELS.

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

     SEC. 715. TANK VESSEL CONSTRUCTION STANDARDS.

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

     SEC. 716. TANKER MINIMUM STANDARDS.

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

     SEC. 717. SELF-PROPELLED TANK VESSEL MINIMUM STANDARDS.

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

     SEC. 718. DEFINITION--ABANDONMENT OF BARGES.

       Section 4701(1) of title 46, United States Code, is amended 
     by inserting after ``100 gross tons'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''.

     SEC. 719. APPLICATION--LOAD LINES.

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

     SEC. 720. LICENSING OF INDIVIDUALS.

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

     SEC. 721. ABLE SEAMEN--LIMITED.

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

     SEC. 722. ABLE SEAMEN--OFFSHORE SUPPLY VESSELS.

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

     SEC. 723. SCALE OF EMPLOYMENT--ABLE SEAMEN.

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

[[Page S 17369]]
     under section 14502 of title 46, United States Code, or an alternate 
     tonnage measured under section 14302 of that title as 
     prescribed by the Secretary under section 14104 of that 
     title''; and
       (5) in subsection (f)(2), by inserting after ``5,000 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 724. GENERAL REQUIREMENTS--ENGINE DEPARTMENT.

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

     SEC. 725. COMPLEMENT OF INSPECTED VESSELS.

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

     SEC. 726. WATCHMEN.

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

     SEC. 727. CITIZENSHIP AND NAVAL RESERVE REQUIREMENTS.

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

     SEC. 728. WATCHES.

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

     SEC. 729. MINIMUM NUMBER OF LICENSED INDIVIDUALS.

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

     SEC. 730. OFFICERS' COMPETENCY CERTIFICATES CONVENTION.

       Section 8304(b)(4) of title 46, United States Code, is 
     amended by inserting after ``200 gross tons'' the following: 
     ``as measured under section 14502 of title 46, United States 
     Code, or an alternate tonnage measured under section 14302 of 
     that title as prescribed by the Secretary under section 14104 
     of that title''.

     SEC. 731. MERCHANT MARINERS' DOCUMENTS REQUIRED.

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

     SEC. 732. CERTAIN CREW REQUIREMENTS.

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

     SEC. 733. FREIGHT VESSELS.

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

     SEC. 734. EXEMPTIONS.

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

     SEC. 735. UNITED STATES REGISTERED PILOT SERVICE.

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

     SEC. 736. DEFINITIONS--MERCHANT SEAMEN PROTECTION.

       Section 10101(4)(B) of title 46, United States Code, is 
     amended by inserting after ``1,600 gross tons'' the 
     following: ``as measured under section 14502 of title 46, 
     United States Code, or an alternate tonnage measured under 
     section 14302 of that title as prescribed by the Secretary 
     under section 14104 of that title''.

     SEC. 737. APPLICATION--FOREIGN AND INTERCOASTAL VOYAGES.

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

     SEC. 738. APPLICATION--COASTWISE VOYAGES.

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

     SEC. 739. FISHING AGREEMENTS.

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

     SEC. 740. ACCOMMODATIONS FOR SEAMEN.

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

     SEC. 741. MEDICINE CHESTS.

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

     SEC. 742. LOGBOOK AND ENTRY REQUIREMENTS.

       Section 11301(a)(2) of title 46, United States Code, is 
     amended by inserting after ``100 gross tons'' the following: 
     ``as measured under section 14502 of title 46, United States 
     Code, or an alternate tonnage measured under section 14302 of 
     that title as prescribed by the Secretary under section 14104 
     of that title''.

     SEC. 743. COASTWISE ENDORSEMENTS.

       Section 12106(c)(1) of title 46, United States Code, is 
     amended by striking ``two hundred gross tons'' and inserting 
     ``200 gross tons as measured under section 14502 of title 46, 
     United States Code, or an alternate tonnage measured under 
     section 14302 of that title as prescribed by the Secretary 
     under section 14104 of that title''.

     SEC. 744. FISHERY ENDORSEMENTS.

       Section 12108(c)(1) of title 46, United States Code, is 
     amended by striking ``two hundred gross tons'' and inserting 
     ``200 gross tons as measured under section 14502 of title 46, 
     United States Code, or an alternate tonnage measured under 
     section 14302 of that title as prescribed by the Secretary 
     under section 14104 of that title''.

     SEC. 745. CONVENTION TONNAGE FOR LICENSES, CERTIFICATES, AND 
                   DOCUMENTS.

       (a) Authority To Use Convention Tonnage.--Chapter 75 of 
     title 46, United States 

[[Page S 17370]]
     Code, is amended by adding at the end the following:

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

       ``Notwithstanding any provision of section 14302(c) or 
     14305 of this title, the Secretary may--
       ``(1) evaluate the service of an individual who is applying 
     for a license, a certificate of registry, or a merchant 
     mariner's document by using the tonnage as measured under 
     chapter 143 of this title for the vessels on which that 
     service was acquired, and
       ``(2) issue the license, certificate, or document based on 
     that service.''.
       (b) Clerical Amendment.--The analysis to chapter 75 of 
     title 46, United States Code, is amended by adding a new item 
     as follows:

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coast Guard Authorization 
     Act of 1995''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.

               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

Sec. 201. Provision of child development services.
Sec. 202. Hurricane Andrew relief.
Sec. 203. Dissemination of results of 0-6 continuation boards.
Sec. 204. Exclude certain reserves from end-of-year strength.
Sec. 205. Officer retention until retirement eligible.
Sec. 206. Contracts for health care services.
Sec. 207. Recruiting.

       TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT

Sec. 301. Increased penalties for documentation violations.
Sec. 302. Clerical amendment.
Sec. 303. Maritime drug and alcohol testing program civil penalty.
Sec. 304. Renewal of advisory groups.
Sec. 305. Electronic filing of commercial instruments.
Sec. 306. Civil penalties.
Sec. 307. Amendment to require EPIRBS on the Great Lakes.
Sec. 308. Report on Loran-C requirements.
Sec. 309. Restrictions on closure of small boat stations.
Sec. 310. Penalty for alteration of marine safety equipment.
Sec. 311. Prohibition on overhaul, repair, and maintenance of Coast 
              Guard vessels in foreign shipyards.

                    TITLE IV--COAST GUARD AUXILIARY

Sec. 401. Administration of the Coast Guard Auxiliary.
Sec. 402. Purpose of the Coast Guard Auxiliary.
Sec. 403. Members of the auxiliary; status.
Sec. 404. Assignment and performance of duties.
Sec. 405. Cooperation with other agencies, States, Territories, and 
              political subdivisions.
Sec. 406. Vessel deemed public vessel.
Sec. 407. Aircraft deemed public aircraft.
Sec. 408. Disposal of certain material.

            TITLE V--RECREATIONAL BOATING SAFETY IMPROVEMENT

Sec. 501. State recreational boating safety grants.
Sec. 502. Boating access.
Sec. 503. Personal flotation devices required for children.
Sec. 504. Marine Casualty Reporting.

                TITLE VI--COAST GUARD REGULATORY REFORM

Sec. 601. Short title.
Sec. 602. Safety management.
Sec. 603. Use of reports, documents, records, and examinations of other 
              persons.
Sec. 604. Equipment approval.
Sec. 605. Frequency of inspection.
Sec. 606. Certificate of inspection.
Sec. 607. Delegation of authority of Secretary to classification 
              societies.

            TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS.

Sec. 701. Amendment of inland navigation rules.
Sec. 702. Measurement of vessels.
Sec. 703. Longshore and harbor workers compensation.
Sec. 704. Radiotelephone requirements.
Sec. 705. Vessel operating requirements.
Sec. 706. Merchant Marine Act, 1920.
Sec. 707. Merchant Marine Act, 1956.
Sec. 708. Maritime education and training.
Sec. 709. General definitions.
Sec. 710. Authority to exempt certain vessels.
Sec. 711. Inspection of vessels.
Sec. 712. Regulations.
Sec. 713. Penalties--inspection of vessels.
Sec. 714. Application--tank vessels.
Sec. 715. Tank vessel construction standards.
Sec. 716. Tanker minimum standards.
Sec. 717. Self-propelled tank vessel minimum standards.
Sec. 718. Definition--abandonment of barges.
Sec. 719. Application--load lines.
Sec. 720. Licensing of individuals.
Sec. 721. Able seamen--limited.
Sec. 722. Able seamen--offshore supply vessels.
Sec. 723. Scale of employment--able seamen.
Sec. 724. General requirements--engine department.
Sec. 725. Complement of inspected vessels.
Sec. 726. Watchmen.
Sec. 727. Citizenship and naval reserve requirements.
Sec. 728. Watches.
Sec. 729. Minimum number of licensed individuals.
Sec. 730. Officers' competency certificates convention.
Sec. 731. Merchant mariners' documents required.
Sec. 732. Certain crew requirements.
Sec. 733. Freight vessels.
Sec. 734. Exemptions.
Sec. 735. United States registered pilot service.
Sec. 736. Definitions--merchant seamen protection.
Sec. 737. Application--foreign and intercoastal voyages.
Sec. 738. Application--coastwise voyages.
Sec. 739. Fishing agreements.
Sec. 740. Accommodations for seamen.
Sec. 741. Medicine chests.
Sec. 742. Logbook and entry requirements.
Sec. 743. Coastwise endorsements.
Sec. 744. Fishery endorsements.
Sec. 745. Convention tonnage for licenses, certificates, and documents.
Sec. 746. Technical corrections.

                    TITLE VIII--POLLUTION FROM SHIPS

Sec. 801. Prevention of pollution from ships.
Sec. 802. Marine plastic pollution research and control.

                 TITLE IX--LAW ENFORCEMENT ENHANCEMENT

Sec. 901. Sanctions for failure to land or to bring to; sanctions for 
              obstruction of boarding and providing false information.
Sec. 902. FAA summary revocation authority.
Sec. 903. Coast Guard air interdiction authority.
Sec. 904. Coast Guard civil penalty provisions.
Sec. 905. Customs orders.
Sec. 906. Customs civil penalty provisions.

                          TITLE X--CONVEYANCES

Sec. 1001. Conveyance of property in Massachusetts.
Sec. 1002. Conveyance of certain lighthouses located in Maine.
Sec. 1003. Conveyance of Squirrel Point Light.
Sec. 1004. Conveyance of Montauk Light Station, New York.
Sec. 1005. Conveyance of Point Arena Light Station.
Sec. 1006. Conveyance of property in Ketchikan, Alaska.
Sec. 1007. Conveyance of property in Traverse City, Michigan.
Sec. 1008. Conveyance of property in New Shoreham, Rhode Island.
Sec. 1009. Conveyance of property in Santa Cruz, California.
Sec. 1010. Conveyance of vessel S/S RED OAK VICTORY.

                        TITLE XI--MISCELLANEOUS

Sec. 1101. Florida Avenue bridge.
Sec. 1102. Oil Spill Recovery Institute.
Sec. 1103. Limited double hull exemptions.
Sec. 1104. Oil spill response vessels.
Sec. 1105. Sense of the Congress regarding passengers aboard commercial 
              vessels.
Sec. 1106. California cruise industry revitalization.
Sec. 1107. Lower Columbia River marine fire and safety activities.
Sec. 1108. Oil pollution research and training.
Sec. 1109. Limitation on consolidation or relocation of Houston and 
              Galveston Marine Safety Offices.
Sec. 1110. Uninspected fish-tender vessels.
Sec. 1111. Foreign passenger vessel user fees.
Sec. 1112. Coast Guard user fees.
Sec. 1113. Vessel financing.
Sec. 1114. Manning and watch requirements on towing vessels on the 
              Great Lakes.
Sec. 1115. Repeal of Great Lakes endorsements.
Sec. 1116. Relief from U.S. documentation requirements.
                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 1995.--Funds are authorized to be 
     appropriated for necessary expenses of the Coast Guard for 
     fiscal year 1995, as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $2,630,505,000, of which $25,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $439,200,000, to remain available until 
     expended, of which--
       (A) $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; and
       (B) $880,000 is authorized to carry out design and 
     engineering work on the John F. Limehouse Memorial Bridge.
       (3) For research, development, test, and evaluation of 
     technologies, materials, and human factors directly relating 
     to improving the performance of the Coast Guard's mission in 
     support of search and rescue, aids to navigation, marine 
     safety, marine environmental protection, enforcement of laws 
     and treaties, ice operations, oceanographic research, and 
     defense readiness, $20,310,000, to remain available until 
     expended, of which $3,150,000 shall be derived from the Oil 
     Spill Liability Trust Fund.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, $562,585,000.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the 

[[Page S 17371]]
     Bridge Alteration Program, $12,880,000, to remain available until 
     expended, which may be made available under section 104(e) of 
     title 49, United States Code.
       (6) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operations and maintenance), $25,000,000, to remain 
     available until expended.
       (b) Fiscal Year 1996.--Funds are authorized to be 
     appropriated for necessary expenses of the Coast Guard for 
     fiscal year 1996, as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $2,618,316,000, of which $25,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $428,200,000, to remain available until 
     expended, of which $32,500,000 shall be derived from the Oil 
     Spill Liability Trust fund to carry out the purposes of 
     section 1012(a)(5) of the Oil Pollution Act of 1990.
       (3) For research, development, test, and evaluation of 
     technologies, materials, and human factors directly relating 
     to improving the performance of the Coast Guard's mission in 
     support of search and rescue, aids to navigation, marine 
     safety, marine environmental protection, enforcement of laws 
     and treaties, ice operations, oceanographic research, and 
     defense readiness, $22,500,000, to remain available until 
     expended, of which $3,150,000 shall be derived from the Oil 
     Spill Liability Trust Fund.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, $582,022,000.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program, $16,200,000, 
     to remain available until expended, of which up to 
     $14,200,000 may be made available under section 104(e) of 
     title 49, United States Code.
       (6) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operations and maintenance), $25,000,000, to remain 
     available until expended.
       (c) Amounts From the Discretionary Bridge Program.--Section 
     104 of title 49, United States Code, is amended by adding at 
     the end thereof the following:
       ``(e) Notwithstanding the provisions of sections 101(d) and 
     144 of title 23, highway bridges determined to be 
     unreasonable obstructions to navigation under the Truman-
     Hobbs Act may be funded from amounts set aside from the 
     discretionary bridge program. The Secretary shall transfer 
     these allocations and the responsibility for administration 
     of these funds to the United States Coast Guard.''.

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

       (a) Authorized Military Strength Level.--The Coast Guard is 
     authorized an end-of-year strength for active duty personnel 
     of--
       (1) 39,000 as of September 30, 1995.
       (2) 38,400 as of September 30, 1996.
     The authorized strength does not include members of the Ready 
     Reserve called to active duty for special or emergency 
     augmentation of regular Coast Guard forces for periods of 180 
     days or less.
       (b) Authorized Level of Military Training.--The Coast Guard 
     is authorized average military training student loads as 
     follows:
       (1) For recruit and special training--
       (A) 2,000 student years for fiscal year 1995; and
       (B) 1,604 student years for fiscal year 1996.
       (2) For flight training--
       (A) 133 student years for fiscal year 1995; and
       (B) 85 student years for fiscal year 1996.
       (3) For professional training in military and civilian 
     institutions--
       (A) 344 student years for fiscal year 1995; and
       (B) 330 student years for fiscal year 1996.
       (4) For officer acquisition--
       (A) 955 student years for fiscal year 1995; and
       (B) 874 student years for fiscal year 1996.
                TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

     SEC. 201. PROVISION OF CHILD DEVELOPMENT SERVICES.

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

     ``Sec. 515. Child development services

       ``(a) The Commandant may make child development services 
     available for members and civilian employees of the Coast 
     Guard, and thereafter as space is available for members of 
     the Armed Forces and Federal civilian employees. Child 
     development service benefits provided under the authority of 
     this section shall be in addition to benefits provided under 
     other laws.
       ``(b)(1) Except as provided in paragraph (2), the 
     Commandant may require that amounts received as fees for the 
     provision of services under this section at Coast Guard child 
     development centers be used only for compensation of 
     employees at those centers who are directly involved in 
     providing child care.
       ``(2) If the Commandant determines that compliance with the 
     limitation in paragraph (1) would result in an uneconomical 
     and inefficient use of such fee receipts, the Commandant may 
     (to the extent that such compliance would be uneconomical and 
     inefficient) use such receipts--
       ``(A) for the purchase of consumable or disposable items 
     for Coast Guard child development centers; and
       ``(B) if the requirements of such centers for consumable or 
     disposable items for a given fiscal year have been met, for 
     other expenses of those centers.
       ``(c) The Commandant shall provide for regular and 
     unannounced inspections of each child development center 
     under this section and may use Department of Defense or other 
     training programs to ensure that all child development center 
     employees under this section meet minimum standards of 
     training with respect to early childhood development, 
     activities and disciplinary techniques appropriate to 
     children of different ages, child abuse prevention and 
     detection,and appropriate emergency medical procedures.
       ``(d) Of the amounts available to the Coast Guard each 
     fiscal year for operating expenses (and in addition to 
     amounts received as fees), the Secretary may use for child 
     development services under this section an amount not to 
     exceed the total amount the Commandant estimates will be 
     received by the Coast Guard in the fiscal year as fees for 
     the provision of those services.
       ``(e) The Commandant may use appropriated funds available 
     to the Coast Guard to provide assistance to family home day 
     care providers so that family home day care services can be 
     provided to uniformed service members and civilian employees 
     of the Coast Guard at a cost comparable to the cost of 
     services provided by Coast Guard child development centers.
       ``(f) The Secretary shall promulgate regulations to 
     implement this section. The regulations shall establish fees 
     to be charged for child development services provided under 
     this section which take into consideration total family 
     income.
       ``(g) For purposes of this section, the term `child 
     development center' does not include a child care services 
     facility for which space is allotted under section 616 of the 
     Act of December 22, 1987 (40 U.S.C. 490b).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 13 of title 14, United States Code, is 
     amended by inserting after the item related to section 514 
     the following:

``515. Child development services.''.

     SEC. 202. HURRICANE ANDREW RELIEF.

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

     SEC. 203. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION 
                   BOARDS.

       Section 289(f) of title 14, United States Code, is amended 
     by striking ``Upon approval by the President, the names of 
     the officers selected for continuation on active duty by the 
     board shall be promptly disseminated to the service at 
     large.''.

     SEC. 204. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.

       Section 712 of title 14, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d) Members ordered to active duty under this section 
     shall not be counted in computing authorized strength in 
     members on active duty or members in grade under this title 
     or under any other law.''.

     SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.

       Section 283(b) of title 14, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(b)'';
       (2) by striking the last sentence; and
       (3) by adding at the end the following:
       ``(2) Upon the completion of a term under paragraph (1), an 
     officer shall, unless selected for further continuation--
       ``(A) except as provided in subparagraph (B), be honorably 
     discharged with severance pay computed under section 286 of 
     this title;
       ``(B) in the case of an officer who has completed at least 
     18 years of active service on the date of discharge under 
     subparagraph (A), be retained on active duty and retired on 
     the last day of the month in which the officer completes 20 
     years of active service, unless earlier removed under another 
     provision of law; or
       ``(C) if, on the date specified for the officer's discharge 
     under this section, the officer has completed at least 20 
     years of active service or is eligible for retirement under 
     any law, be retired on that date.''.

     SEC. 206. CONTRACTS FOR HEALTH CARE SERVICES.

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

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

       ``(a) Subject to the availability of appropriations for 
     this purpose; the Commandant may enter into personal services 
     and other contracts to carry out health care responsibilities 
     pursuant to section 93 of this title and other applicable 
     provisions of law pertaining to the provision of health care 
     services to Coast Guard personnel and covered beneficiaries. 
     The authority provided in this subsection is in addition to 
     any other contract authorities of the Commandant provided by 
     law or as delegated to the Commandant from time to time by 
     the Secretary, including but not limited to authority 
     relating to the management of health care facilities and 
     furnishing of health care services pursuant to title 10 and 
     this title.
       ``(b) The total amount of compensation paid to an 
     individual in any year under a personal 

[[Page S 17372]]
     services contract entered into under subsection (a) shall not exceed 
     the amount of annual compensation (excluding allowances for 
     expenses) allowable for such contracts entered into by the 
     Secretary of Defense pursuant to section 1091 of title 10.
       ``(c)(1) The Secretary shall promulgate regulations to 
     assure--
       ``(A) the provision of adequate notice of contract 
     opportunities to individuals residing in the area of a 
     medical treatment facility involved; and
       ``(B) consideration of interested individuals solely on the 
     basis of the qualifications established for the contract and 
     the proposed contract price.
       ``(2) Upon establishment of the procedures under paragraph 
     (1), the Secretary may exempt personal services contracts 
     covered by this section from the competitive contracting 
     requirements specified in section 2304 of title 10, or any 
     other similar requirements of law.
       ``(d) The procedures and exemptions provided under 
     subsection (c) shall not apply to personal services contracts 
     entered into under subsection (a) with entities other than 
     individuals or to any contract that is not an authorized 
     personal services contract under subsection (a).''.
       (b) The table of sections for chapter 17 of title 14, 
     United States Code, is amended by inserting after the item 
     relating to section 644 the following:

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

       (c) The amendments made by this section shall take effect 
     on the date of enactment of this Act. Any personal services 
     contract entered into on behalf of the Coast Guard in 
     reliance upon the authority of section 1091 of title 10 
     before that date is confirmed and ratified and shall remain 
     in effect in accordance with the terms of the contract.

     SEC. 207. RECRUITING.

       (a) Campus Recruiting.--Section 558 of the National Defense 
     Authorization Act for Fiscal Year 1995 (108 Stat. 2776) is 
     amended--
       (1) by inserting ``or the Department of Transportation'' in 
     subsection (a)(1) after ``the Department of Defense'';
       (2) by inserting ``or the Secretary of Transportation'' 
     after ``the Secretary of Defense'' in subsection (a)(1); and
       (3) by inserting ``and the Secretary of Transportation'' 
     after ``the Secretary of Education'' in subsection (b).
       (b) Funds for Recruiting.--The text of section 468 of title 
     14, United States Code, is amended to read as follows:
       ``The Coast Guard may expend operating expense funds for 
     recruiting activities, including but not limited to 
     advertising and entertainment, in order to--
       ``(1) obtain recruits for the Service and cadet applicants; 
     and
       ``(2) gain support of recruiting objectives from those who 
     may assist in the recruiting effort.''.
       (c) Special Recruiting Authority.--Section 93 of title 14, 
     United States Code, is amended
       (1) by striking ``and'' at the end of paragraph (t);
       (2) by striking the period at the end of paragraph (u) and 
     inserting a semicolon and the word ``and''; and
       (3) by adding at the end the following:
       ``(v) employ special recruiting programs, including, 
     subject to appropriations Acts, the provision of financial 
     assistance by grant, cooperative agreement, or contract to 
     public or private associations, organizations, and 
     individuals (including academic scholarships for 
     individuals), to meet identified personnel resource 
     requirements.''.
       TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT

     SEC. 301. INCREASED PENALTIES FOR DOCUMENTATION VIOLATIONS.

       (a) Civil Penalty.-- Section 12122(a) of title 46, United 
     States Code, is amended by striking ``$500'' and inserting 
     ``$10,000.''
       (b) Seizure and Forfeiture.--
       (1) In general.-- Section 12122(b) of title 46, United 
     States Code, is amended to read as follows:
       ``(b) A vessel and its equipment are liable to seizure by 
     and forfeiture to the United States Government --
       ``(1) when the owner of a vessel or the representative or 
     agent of the owner knowingly falsifies or conceals a material 
     fact, or knowingly makes a false statement or representation 
     about the documentation or when applying for documentation of 
     the vessel;
       ``(2) when a certificate of documentation is knowingly and 
     fraudulently used for a vessel;
       ``(3) when a vessel is operated after its endorsement has 
     been denied or revoked under section 12123 of this title;
       ``(4) when a vessel is employed in a trade without an 
     appropriate trade endorsement;
       ``(5) when a documented vessel with only a recreational 
     endorsement is operated other than for pleasure; or
       ``(6) when a documented vessel, other than a vessel with 
     only a recreational endorsement operating within the 
     territorial waters of the United States, is placed under the 
     command of a person not a citizen of the United States.''.
       (2) Conforming amendment.--Section 12122(c) of title 46, 
     United States Code, is repealed.
       (c) Limitation on Operation of Vessel With Only 
     Recreational Endorsement.--Section 12110(c) of title 46, 
     United States Code, is amended to read as follows:
       ``(c) A vessel with only a recreational endorsement may not 
     be operated other than for pleasure.''.
       (d) Termination of Restriction on Command of Recreational 
     Vessels.--
       (1) Termination of restriction.--Subsection (d) of section 
     12110 of title 46, United States Code, is amended by 
     inserting ``, other than a vessel with only a recreational 
     endorsement operating within the territorial waters of the 
     United States,'' after ``A documented vessel''; and
       (2) Conforming amendment.--Section 12111(a)(2) of title 46, 
     United States Code, is amended by inserting before the period 
     the following: ``in violation of section 12110(d) of this 
     title''.

     SEC. 302. CLERICAL AMENDMENT.

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

     SEC. 303. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL 
                   PENALTY.

       (a) In General.--Chapter 21 of title 46, United States 
     Code, is amended by adding at the end a new section 2115 to 
     read as follows:

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

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

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

     SEC. 304. RENEWAL OF ADVISORY GROUPS.

       (a) Navigation Safety Advisory Council.--Section 5(d) of 
     the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is 
     amended by striking ``September 30, 1995'' and inserting 
     ``September 30, 2000''.
       (b) Commercial Fishing Industry Vessel Advisory 
     Committee.--Subsection (e)(1) of section 4508 of title 46, 
     United States Code, is amended by striking ``September 30, 
     1994'' and inserting ``September 30, 2000''.
       (c) Towing Safety Advisory Committee.--Subsection (e) of 
     the Act to Establish A Towing Safety Advisory Committee in 
     the Department of Transportation (33 U.S.C. 1231a(e)) is 
     amended by striking ``September 30, 1995'' and inserting 
     ``September 30, 2000''.
       (d) Houston-Galveston Navigation Safety Advisory 
     Committee.--The Coast Guard Authorization Act of 1991 (Public 
     Law 102-241, 105 Stat. 2208-2235) is amended by adding at the 
     end of section 18 the following:
       ``(h) The Committee shall terminate on September 30, 
     2000.''.
       (e) Lower Mississippi River Waterway Advisory Committee.--
     The Coast Guard Authorization Act of 1991 (Public Law 102-
     241, 105 Stat. 2208-2235) is amended by adding at the end of 
     section 19 the following:
       ``(g) The Committee shall terminate on September 30, 
     2000.''.

     SEC. 305. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS.

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

     SEC. 306. CIVIL PENALTIES.

       (a) Penalty for Failure to Report a Casualty.--Section 
     6103(a) of title 46, United States Code is amended by 
     striking ``$1,000'' and inserting ``not more than $25,000''.
       (b) Operation of Uninspected Towing Vessel in Violation of 
     Manning Requirements.--Section 8906 of title 46, United 
     States Code, is amended by striking ``$1,000'' and inserting 
     ``not more than $25,000''.

     SEC. 307. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT LAKES.

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

     SEC. 308. REPORT ON LORAN-C REQUIREMENTS.

       Not later than 6 months after the date of enactment of this 
     Act, the Secretary of Transportation, in cooperation with the 
     Secretary of Commerce, shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a plan prepared in consultation with users 
     of the LORAN-C radionavigation system defining the future use 
     of and funding for operations, maintenance, and upgrades of 
     the LORAN-C radionavigation system. The plan shall provide 
     for--
       (1) mechanisms to make full use of compatible satellite and 
     LORAN-C technology by all modes of transportation, the 
     telecommunications industry, and the National Weather 
     Service;
       (2) an appropriate timetable for transition from ground-
     based radionavigation technology after it is determined that 
     satellite-based technology is available as a sole means of 
     safe and efficient navigation and taking into consideration 
     the need to ensure that LORAN-C technology purchased by the 
     public before the year 2000 has a useful economic life; and
       (3) agencies in the Department of Transportation and other 
     relevant Federal agencies to share the Federal government's 
     costs related to LORAN-C technology.

[[Page S 17373]]


     SEC. 309. RESTRICTIONS ON CLOSURE OF SMALL BOAT STATIONS.

       (a) Certification.--The Secretary of Transportation shall 
     not close, consolidate, or reduce to seasonal status any 
     Coast Guard multi-mission small boat station unless the 
     Secretary has certified that such action will not result in 
     degradation of services that would cause significant 
     increased threat to life, property, environment, public 
     safety or national security. The certification shall 
     include--
       (1) a description of regional or local weather and marine 
     conditions that could affect the need for Coast Guard 
     Services including water temperature, prevailing weather 
     conditions, and unusual tide and current conditions;
       (2) an evaluation of the level and type of waterborne 
     activities, including activities involving recreational 
     boaters, commercial vessels, and commercial fishermen which 
     was considered in reaching the conclusion that such action 
     will not result in degradation of services that would cause a 
     significant increased threat to life, property, environment, 
     public safety, or national security;
       (3) a detailed comparison of the services provided within 
     the service area and the services to be provided after such 
     action, including but not limited to services related to 
     search and rescue, recreational boating safety, enforcement 
     of laws and treaties, marine environmental safety, port 
     safety and security, aids to navigation, and military 
     readiness; and
       (4) a transition plan, developed in consultation with State 
     and local officials and members of the public for the areas 
     affected by the closure to ensure that the Coast Guard 
     service needs of the area, and the two-hour standard of the 
     Coast Guard for responding to search and rescue requests, 
     continue to be met.
       (b) Public Review.--Each certification decision shall be 
     preceded by--
       (1) publication in the Federal Register of a proposed 
     certification; and
       (2) a 60-day period after such publication during which the 
     public may provide comments to the Secretary on the proposed 
     certification.
       (c) Final Decision.--If after consideration of the public 
     comment received under subsection (b) the Secretary decides 
     to close, consolidate, or reduce to seasonal status any such 
     small-boat station, the Secretary shall publish a final 
     certification in the Federal Register and submit the 
     certification to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.

     SEC. 310. PENALTY FOR ALTERATION OF MARINE SAFETY EQUIPMENT.

       Section 3318(b) of title 46, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``A person''; and
       (2) by adding at the end thereof the following:
       ``(2) A person that knowingly alters lifesaving, fire 
     safety, or any other equipment subject to this part, so that 
     the equipment altered is so defective as to be insufficient 
     to accomplish the purpose for which it is intended, commits a 
     class D felony.''.

     SEC. 311. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE OF 
                   COAST GUARD VESSELS IN FOREIGN SHIPYARDS.

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

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

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

``96. Prohibition on overhaul, repair, and maintenance of Coast Guard 
              vessels in foreign shipyards.''.
                    TITLE IV--COAST GUARD AUXILIARY

     SEC. 401. ADMINISTRATION OF THE COAST GUARD AUXILIARY.

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

     SEC. 402. PURPOSE OF THE COAST GUARD AUXILIARY.

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

     SEC. 403. MEMBERS OF THE AUXILIARY; STATUS.

       (a) Title 14, United States Code, is amended by inserting 
     after section 823 the following new section:

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

       ``(a) Except as otherwise provided in this chapter, a 
     member of the Coast Guard Auxiliary shall not be deemed to be 
     a Federal employee and shall not be subject to the provisions 
     of law relating to Federal employment, including those 
     relating to hours of work, rates of compensation, leave, 
     unemployment compensation, Federal employee benefits, ethics, 
     conflicts of interest, and other similar criminal or civil 
     statutes and regulations governing the conduct of Federal 
     employees. However, nothing in this subsection shall 
     constrain the Commandant from prescribing standards for the 
     conduct and behavior of members of the Auxiliary.
       ``(b) A member of the Auxiliary while assigned to duty 
     shall be deemed to be a Federal employee only for the 
     purposes of the following:
       ``(1) the Federal Tort Claims Act (28 U.S.C. 2671 et seq.), 
     the Military Claims Act (10 U.S.C. 2733), the Public Vessels 
     Act (46 U.S.C. App. 781-790), the Suits in Admiralty Act (46 
     U.S.C. App. 741-752), the Admiralty Extension Act (46 U.S.C. 
     App. 740), and for other noncontractual civil liability 
     purposes;
       ``(2) compensation for work injuries under chapter 81 of 
     title 5, United States Code; and
       ``(3) the resolution of claims relating to damage to or 
     loss of personal property of the member incident to service 
     under the Military Personnel and Civilian Employees' Claims 
     Act of 1964 (31 U.S.C. 3721).
       ``(c) A member of the Auxiliary, while assigned to duty, 
     shall be deemed to be a person acting under an officer of the 
     United States or an agency thereof for purposes of section 
     1442(a)(1) of title 28, United States Code.''.
       (b) The table of sections for chapter 23 of title 14, 
     United States Code, is amended by inserting the following new 
     item after the item relating to section 823:

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

     SEC. 404. ASSIGNMENT AND PERFORMANCE OF DUTIES.

       Title 14, United States Code, is amended by striking 
     ``specific'' each place it appears in sections 830, 831, and 
     832.

     SEC. 405. COOPERATION WITH OTHER AGENCIES, STATES, 
                   TERRITORIES, AND POLITICAL SUBDIVISIONS.

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

     SEC. 406. VESSEL DEEMED PUBLIC VESSEL.

       The text of section 827 of title 14, United States Code, is 
     amended to read as follows:
       ``While assigned to authorized Coast Guard duty, any 
     motorboat or yacht shall be deemed to be a public vessel of 
     the United States and a vessel of the Coast Guard within the 
     meaning of sections 646 and 647 of this title and other 
     applicable provisions of law.''.

     SEC. 407. AIRCRAFT DEEMED PUBLIC AIRCRAFT.

       The text of section 828 of title 14, United States Code, is 
     amended to read as follows:
       ``While assigned to authorized Coast Guard duty, any 
     aircraft shall be deemed to be a Coast Guard aircraft, a 
     public vessel of the United States, and a vessel of the Coast 
     Guard within the meaning of sections 646 and 647 of this 
     title and other applicable provisions of law. Subject to the 
     provisions of sections 823a and 831 of this title, while 
     assigned to duty, qualified Auxiliary pilots shall be deemed 
     to be Coast Guard pilots.''.

     SEC. 408. DISPOSAL OF CERTAIN MATERIAL.

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

[[Page S 17374]]

       (2) by striking ``to any incorporated unit of the Coast 
     Guard Auxiliary,'' after ``America,''.
            TITLE V--RECREATIONAL BOATING SAFETY IMPROVEMENT

     SEC. 501. STATE RECREATIONAL BOATING SAFETY GRANTS.

       (a) Transfer of Amounts for State Boating Safety 
     Programs.--
       (1) Transfers.--Section 4(b) of the Act of August 9, 1950 
     (16 U.S.C. 777c(b); commonly referred to as the ``Dingell-
     Johnson Sport Fish Restoration Act'') is amended to read as 
     follows:
       ``(b)(1) Of the balance of each annual appropriation 
     remaining after making the distribution under subsection (a), 
     an amount equal to $15,000,000 for fiscal year 1995, 
     $40,000,000 for fiscal year 1996, $55,000,000 for fiscal year 
     1997, and $69,000,000 for each of fiscal years 1998 and 1999, 
     shall, subject to paragraph (2), be used as follows:
       ``(A) A sum equal to $7,500,000 of the amount available for 
     fiscal year 1995, and a sum equal to $10,000,000 of the 
     amount available for each of fiscal years 1996 and 1997, 
     shall be available for use by the Secretary of the Interior 
     for grants under section 5604(c) of the Clean Vessel Act of 
     1992. Any portion of such a sum available for a fiscal year 
     that is not obligated for those grants before the end of the 
     following fiscal year shall be transferred to the Secretary 
     of Transportation and shall be expended by the Secretary of 
     Transportation for State recreational boating safety programs 
     under section 13106 of title 46, United States Code.
       ``(B) A sum equal to $7,500,000 of the amount available for 
     fiscal year 1995, $30,000,000 of the amount available for 
     fiscal year 1996, $45,000,000 of the amount available for 
     fiscal year 1997, and $59,000,000 of the amount available for 
     each of fiscal years 1998 and 1999, shall be transferred to 
     the Secretary of Transportation and shall be expended by the 
     Secretary of Transportation for recreational boating safety 
     programs under section 13106 of title 46, United States Code.
       ``(C) A sum equal to $10,000,000 of the amount available 
     for each of fiscal years 1998 and 1999 shall be available for 
     use by the Secretary of the Interior for--
       ``(i) grants under section 502(e) of the Coast Guard 
     Authorization Act of 1995; and
       ``(ii) grants under section 5604(c) of the Clean Vessel Act 
     of 1992.
     Any portion of such a sum available for a fiscal year that is 
     not obligated for those grants before the end of the 
     following fiscal year shall be transferred to the Secretary 
     of Transportation and shall be expended by the Secretary of 
     Transportation for State recreational boating safety programs 
     under section 13106 of title 46, United States Code.
       ``(2)(A) Beginning with fiscal year 1996, the amount 
     transferred under paragraph (1)(B) for a fiscal year shall be 
     reduced by the lesser of--
       ``(i) the amount appropriated for that fiscal year from the 
     Boat Safety Account in the Aquatic Resources Trust Fund 
     established under section 9504 of the Internal Revenue Code 
     of 1986 to carry out the purposes of section 13106 of title 
     46, United States Code; or
       ``(ii) $35,000,000.
       ``(iii) for fiscal year 1996 only, $30,000,000.
       ``(B) The amount of any reduction under subparagraph (A) 
     shall be apportioned among the several States under 
     subsection (d) of this section by the Secretary of the 
     Interior.''.
       (2) Conforming Amendment.--Section 5604(c)(1) of the Clean 
     Vessel Act of 1992 (33 U.S.C. 1322 note) is amended by 
     striking ``section 4(b)(2) of the Act of August 9, 1950 (16 
     U.S.C. 777c(b)(2), as amended by this Act)'' and inserting 
     ``section 4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 
     777c(b)(1))''.
       (b) Expenditure of Amounts for State Recreational Boating 
     Safety Programs.--Section 13106 of title 46, United States 
     Code, is amended--
       (1) by striking the first sentence of subsection (a)(1) and 
     inserting the following: ``Subject to paragraph (2), the 
     Secretary shall expend under contracts with States under this 
     chapter in each fiscal year for State recreational boating 
     safety programs an amount equal to the sum of the amount 
     appropriated from the Boat Safety Account for that fiscal 
     year plus the amount transferred to the Secretary under 
     section 4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 
     777c(b)(1)) for that fiscal year.''; and
       (2) by amending subsection (c) to read as follows:
       ``(c) For expenditure under this chapter for State 
     recreational boating safety programs there are authorized to 
     be appropriated to the Secretary of Transportation from the 
     Boat Safety Account established under section 9504 of the 
     Internal Revenue Code of 1986 (26 U.S.C. 9504) not more than 
     $35,000,000 each fiscal year.''.
       (c) Excess FY 1995 Boat Safety Account Funds Transfer.--
     Notwithstanding any other provision of law, $20,000,000 of 
     the annual appropriation from the Sport Fish Restoration 
     Account in fiscal year 1996 made in accordance with the 
     provisions of section 3 of the Act of August 9, 1950 (16 
     U.S.C. 777b) shall be excluded from the calculation of 
     amounts to be distributed under section 4(a) of such Act (16 
     U.S.C. 777c(a)).

     SEC. 502. BOATING ACCESS.

       (a) Findings.--The Congress makes the following findings:
       (1) Nontrailerable recreational motorboats contribute 15 
     percent of the gasoline taxes deposited in the Aquatic 
     Resources Trust Fund while constituting less than 5 
     percent of the recreational vessels in the United States.
       (2) The majority of recreational vessel access facilities 
     constructed with Aquatic Resources Trust Fund moneys benefit 
     trailerable recreational vessels.
       (3) More Aquatic Resources Trust Fund moneys should be 
     spent on recreational vessel access facilities that benefit 
     recreational vessels that are nontrailerable vessels.
       (b) Purpose.--The purpose of this section is to provide 
     funds to States for the development of public facilities for 
     transient nontrailerable vessels.
       (c) Survey.--Within 18 months after the date of the 
     enactment of this Act, any State may complete and submit to 
     the Secretary of the Interior a survey which identifies--
       (1) the number and location in the State of all public 
     facilities for transient nontrailerable vessels; and
       (2) the number and areas of operation in the State of all 
     nontrailerable vessels that operate on navigable waters in 
     the State.
       (d) Plan.--Within 6 months after submitting a survey to the 
     Secretary of the Interior in accordance with subsection (c), 
     an eligible State may develop and submit to the Secretary of 
     the Interior a plan for the construction and renovation of 
     public facilities for transient nontrailerable vessels to 
     meet the needs of nontrailerable vessels operating on 
     navigable waters in the State.
       (e) Grant Program.--
       (1) Matching grants.--The Secretary of the Interior shall 
     obligate not less than one-half of the amount made available 
     for each of fiscal years 1998 and 1999 under section 
     4(b)(1)(C) of the Act of August 9, 1950, as amended by 
     section 501(a)(1) of this Act, to make grants to any eligible 
     State to pay not more than 75 percent of the cost of 
     constructing or renovating public facilities for transient 
     nontrailerable vessels.
       (2) Priority.--
       (A) In general.--In awarding grants under this subsection, 
     the Secretary of the Interior shall give priority to projects 
     that consist of the construction or renovation of public 
     facilities for transient nontrailerable vessels in accordance 
     with a plan submitted by a State submitted under subsection 
     (b).
       (B) Within state.--In awarding grants under this subsection 
     for projects in a particular State, the Secretary of the 
     Interior shall give priority to projects that are likely to 
     serve the greatest number of nontrailerable vessels.
       (f) Definitions.--For the purpose of this section and 
     section 501 of this Act the term--
       (1) ``Act of August 9, 1950'' means the Act entitled ``An 
     Act to provide that the United States shall aid the States in 
     fish restoration and management projects, and for other 
     purposes'', approved August 9, 1950 (16 U.S.C. 777a et seq.);
       (2) ``nontrailerable vessel'' means a recreational vessel 
     greater than 26 feet in length;
       (3) ``public facilities for transient nontrailerable 
     vessels'' means mooring buoys, day-docks, seasonal slips or 
     similar structures located on navigable waters, that are 
     available to the general public and designed for temporary 
     use by nontrailerable vessels;
       (4) ``recreational vessel'' means a vessel--
       (A) operated primarily for pleasure; or
       (B) leased, rented, or chartered to another for the 
     latter's pleasure; and
       (5) ``State'' means each of the several States of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, Guam, American Samoa, the United States Virgin 
     Islands, and the Commonwealth of the Northern Marianas.

     SEC. 503. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN.

       (a) Prohibition.--Section 4307(a) of title 46, United 
     States Code, is amended--
       (1) by striking ``or'' after the semicolon in paragraph 
     (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting a semicolon and ``or''; and
       (3) by adding at the end the following:
       ``(4) operate a recreational vessel under 26 feet in length 
     unless each individual 6 years of age or younger wears a 
     Coast Guard approved personal flotation device when the 
     individual is on an open deck of the vessel.''.
       (b) State Authority Preserved.--Section 4307 of title 46, 
     United States Code, is amended by adding at the end thereof 
     the following:
       ``(c) Subsection (a)(4) shall not be construed to limit the 
     authority of a State to establish requirements relating to 
     the wearing of personal flotation devices on recreational 
     vessels that are more stringent than the requirements of that 
     subsection.''.
       (c) Penalty.--Section 4311 of title 46, United States Code, 
     is amended by adding at the end the following new subsection:
       ``(h) Notwithstanding any other provision of this section, 
     in the case of a person violating section 4307(a)(4) of this 
     title--
       ``(1) the maximum penalty assessable under subsection (a) 
     is a fine of $100 with no imprisonment; and
       ``(2) the maximum civil penalty assessable under subsection 
     (c) is $100.''.

     SEC. 504. MARINE CASUALTY REPORTING.

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

     SEC. 601. SHORT TITLE.

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

     SEC. 602. SAFETY MANAGEMENT.

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

  ``CHAPTER 32--MANAGEMENT OF VESSELS 

[[Page S 17375]]

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

     ``Sec. 3201. Definitions

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

     ``Sec. 3202. Application

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

     ``Sec. 3203. Safety management system

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

     ``Sec. 3204. Implementation of safety management system

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

     ``Sec. 3205. Certification

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

      ``32. Management of vessels..............................3201''. 
       (c) Study.--
       (1) In general.--The Secretary of the department in which 
     the Coast Guard is operating shall conduct, in cooperation 
     with the owners, charterers, and managing operators of 
     vessels documented under chapter 121 of title 46, United 
     States Code, and other interested persons, a study of the 
     methods that may be used to implement and enforce the 
     International Management Code for the Safe Operation of Ships 
     and for Pollution Prevention under chapter IX of the Annex to 
     the International Convention for the Safety of Life at Sea, 
     1974.
       (2) Report.--The Secretary shall submit to the Congress a 
     report of the results of the study required under paragraph 
     (1) before the earlier of--
       (A) the date that final regulations are prescribed under 
     section 3203 of title 46, United States Code (as enacted by 
     subsection (a); or
       (B) the date that is 1 year after the date of enactment of 
     this Act.

     SEC. 603. USE OF REPORTS, DOCUMENTS, RECORDS, AND 
                   EXAMINATIONS OF OTHER PERSONS.

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

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

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

``3103. Use of reports, documents, and records.''.
       (c) Examinations.--Section 3308 of title 46, United States 
     Code, is amended by inserting ``or have examined'' after 
     ``examine''.

     SEC. 604. EQUIPMENT APPROVAL.

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

     SEC. 605. FREQUENCY OF INSPECTION.

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

[[Page S 17376]]

       (b) Conforming Amendment.--Section 3710(b) of title 46, 
     United States Code, is amended by striking ``24 months'' and 
     inserting ``5 years''.

     SEC. 606. CERTIFICATE OF INSPECTION.

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

     SEC. 607. DELEGATION OF AUTHORITY OF SECRETARY TO 
                   CLASSIFICATION SOCIETIES.

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

     ``Sec. 3316. Classification societies''.

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

``3316. Classification societies.''.
             TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS

     SEC. 701. AMENDMENT OF INLAND NAVIGATION RULES.

       Section 2 of the Inland Navigational Rules Act of 1980 is 
     amended--
       (1) by amending Rule 9(e)(i) (33 U.S.C. 2009(e)(i)) to read 
     as follows:
       ``(i) In a narrow channel or fairway when overtaking, the 
     power-driven vessel intending to overtake another power-
     driven vessel shall indicate her intention by sounding the 
     appropriate signal prescribed in Rule 34(c) and take steps to 
     permit safe passing. The power-driven vessel being overtaken, 
     if in agreement, shall sound the same signal and may, if 
     specifically agreed to take steps to permit safe passing. If 
     in doubt she shall sound the danger signal prescribed in Rule 
     34(d).'';
       (2) in Rule 15(b) (33 U.S.C. 2015(b)) by inserting ``power-
     driven'' after ``Secretary, a'';
       (3) in Rule 23(a)(i) (33 U.S.C. 2023(a)(i)) after 
     ``masthead light forward''; by striking ``except that a 
     vessel of less than 20 meters in length need not exhibit this 
     light forward of amidships but shall exhibit it as far 
     forward as is practicable;'';
       (4) by amending Rule 24(f) (33 U.S.C. 2024(f)) to read as 
     follows:
       ``(f) Provided that any number of vessels being towed 
     alongside or pushed in a group shall be lighted as one 
     vessel, except as provided in paragraph (iii)--
       ``(i) a vessel being pushed ahead, not being part of a 
     composite unit, shall exhibit at the forward end, sidelights 
     and a special flashing light;
       ``(ii) a vessel being towed alongside shall exhibit a 
     sternlight and at the forward end, sidelights and a special 
     flashing light; and
       ``(iii) when vessels are towed alongside on both sides of 
     the towing vessels a stern light shall be exhibited on the 
     stern of the outboard vessel on each side of the towing 
     vessel, and a single set of sidelights as far forward and as 
     far outboard as is practicable, and a single special flashing 
     light.'';
       (5) in Rule 26 (33 U.S.C. 2026)--
       (A) in each of subsections (b)(i) and (c)(i) by striking 
     ``a vessel of less than 20 meters in length may instead of 
     this shape exhibit a basket;''; and
       (B) by amending subsection (d) to read as follows:
       ``(d) The additional signals described in Annex II to these 
     Rules apply to a vessel engaged in fishing in close proximity 
     to other vessels engaged in fishing.''; and
       (6) by amending Rule 34(h) (33 U.S.C. 2034) to read as 
     follows:
       ``(h) A vessel that reaches agreement with another vessel 
     in a head-on, crossing, or overtaking situation, as for 
     example, by using the radiotelephone as prescribed by the 
     Vessel Bridge-to-Bridge Radiotelephone Act (85 Stat. 164; 33 
     U.S.C. 1201 et seq.), is not obliged to sound the whistle 
     signals prescribed by this rule, but may do so. If agreement 
     is not reached, then whistle signals shall be exchanged in a 
     timely manner and shall prevail.''.

     SEC. 702. MEASUREMENT OF VESSELS.

       Section 14104 of title 46, United States Code, is amended 
     by redesignating the existing text after the section heading 
     as subsection (a) and by adding at the end the following new 
     subsection:
       ``(b) If a statute allows for an alternate tonnage to be 
     prescribed under this section, the Secretary may prescribe it 
     by regulation. Until an alternate tonnage is prescribed, the 
     statutorily established tonnage shall apply to vessels 
     measured under chapter 143 or chapter 145 of this title.''.

     SEC. 703. LONGSHORE AND HARBOR WORKERS COMPENSATION.

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

     SEC. 704. RADIOTELEPHONE REQUIREMENTS.

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

     SEC. 705. VESSEL OPERATING REQUIREMENTS.

       Section 4(a)(3) of the Ports and Waterways Safety Act (33 
     U.S.C. 1223(a)(3)) is amended by inserting after ``300 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 706. MERCHANT MARINE ACT, 1920.

       Section 27A of the Merchant Marine Act, 1920 (46 U.S.C. 
     App. 883-1), is amended by inserting after ``five hundred 
     gross tons'' the following: ``as measured under section 14502 
     of title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title,''.

     SEC. 707. MERCHANT MARINE ACT, 1956.

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

     SEC. 708. MARITIME EDUCATION AND TRAINING.

       Section 1302(4)(A) of the Merchant Marine Act, 1936 (46 
     U.S.C. App. 1295a(4)(a)) is amended by inserting after 
     ``1,000 gross tons or more'' the following: ``as measured 
     under section 14502 of title 46, United States Code, or an 
     alternate tonnage measured under section 14302 of that title 
     as prescribed by the Secretary under section 14104 of that 
     title''.

     SEC. 709. GENERAL DEFINITIONS.

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

     SEC. 710. AUTHORITY TO EXEMPT CERTAIN VESSELS.

       Section 2113 of title 46, United States Code, is amended--
       (1) in paragraph (4), by inserting after ``at least 100 
     gross tons but less than 300 gross tons'' the following: ``as 
     measured under section 14502 of this title, or an alternate 
     tonnage measured under section 14302 of this title as 
     prescribed by the Secretary under section 14104 of this 
     title''; and

[[Page S 17377]]

       (2) in paragraph (5), by inserting after ``at least 100 
     gross tons but less than 500 gross tons'' the following: ``as 
     measured under section 14502 of this title, or an alternate 
     tonnage measured under section 14302 of this title as 
     prescribed by the Secretary under section 14104 of this 
     title''.

     SEC. 711. INSPECTION OF VESSELS.

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

     SEC. 712. REGULATIONS.

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

     SEC. 713. PENALTIES--INSPECTION OF VESSELS.

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

     SEC. 714. APPLICATION--TANK VESSELS.

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

     SEC. 715. TANK VESSEL CONSTRUCTION STANDARDS.

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

     SEC. 716. TANKER MINIMUM STANDARDS.

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

     SEC. 717. SELF-PROPELLED TANK VESSEL MINIMUM STANDARDS.

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

     SEC. 718. DEFINITION--ABANDONMENT OF BARGES.

       Section 4701(1) of title 46, United States Code, is amended 
     by inserting after ``100 gross tons'' the following: ``as 
     measured under section 14502 of this title, or an alternate 
     tonnage measured under section 14302 of this title as 
     prescribed by the Secretary under section 14104 of this 
     title''.

     SEC. 719. APPLICATION--LOAD LINES.

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

     SEC. 720. LICENSING OF INDIVIDUALS.

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

     SEC. 721. ABLE SEAMEN--LIMITED.

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

     SEC. 722. ABLE SEAMEN--OFFSHORE SUPPLY VESSELS.

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

     SEC. 723. SCALE OF EMPLOYMENT--ABLE SEAMEN.

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

     SEC. 724. GENERAL REQUIREMENTS--ENGINE DEPARTMENT.

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

     SEC. 725. COMPLEMENT OF INSPECTED VESSELS.

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

[[Page S 17378]]


     SEC. 726. WATCHMEN.

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

     SEC. 727. CITIZENSHIP AND NAVAL RESERVE REQUIREMENTS.

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

     SEC. 728. WATCHES.

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

     SEC. 729. MINIMUM NUMBER OF LICENSED INDIVIDUALS.

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

     SEC. 730. OFFICERS' COMPETENCY CERTIFICATES CONVENTION.

       Section 8304(b)(4) of title 46, United States Code, is 
     amended by inserting after ``200 gross tons'' the following: 
     ``as measured under section 14502 of this title, or an 
     alternate tonnage measured under section 14302 of this title 
     as prescribed by the Secretary under section 14104 of this 
     title''.

     SEC. 731. MERCHANT MARINERS' DOCUMENTS REQUIRED.

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

     SEC. 732. CERTAIN CREW REQUIREMENTS.

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

     SEC. 733. FREIGHT VESSELS.

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

     SEC. 734. EXEMPTIONS.

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

     SEC. 735. UNITED STATES REGISTERED PILOT SERVICE.

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

     SEC. 736. DEFINITIONS--MERCHANT SEAMEN PROTECTION.

       Section 10101(4)(B) of title 46, United States Code, is 
     amended by inserting after ``1,600 gross tons'' the 
     following: ``as measured under section 14502 of this title, 
     or an alternate tonnage measured under section 14302 of this 
     title as prescribed by the Secretary under section 14104 of 
     this title''.

     SEC. 737. APPLICATION--FOREIGN AND INTERCOASTAL VOYAGES.

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

     SEC. 738. APPLICATION--COASTWISE VOYAGES.

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

     SEC. 739. FISHING AGREEMENTS.

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

     SEC. 740. ACCOMMODATIONS FOR SEAMEN.

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

     SEC. 741. MEDICINE CHESTS.

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

     SEC. 742. LOGBOOK AND ENTRY REQUIREMENTS.

       Section 11301(a)(2) of title 46, United States Code, is 
     amended by inserting after ``100 gross tons'' the following: 
     ``as measured under section 14502 of this title, or an 
     alternate tonnage measured under section 14302 of this title 
     as prescribed by the Secretary under section 14104 of this 
     title''.

     SEC. 743. COASTWISE ENDORSEMENTS.

       Section 12106(c)(1) of title 46, United States Code, is 
     amended by striking ``two hundred gross tons'' and inserting 
     ``200 gross tons as measured under section 14502 of this 
     title, or an alternate tonnage measured under section 14302 
     of this title as prescribed by the Secretary under section 
     14104 of this title''.

     SEC. 744. FISHERY ENDORSEMENTS.

       Section 12108(c)(1) of title 46, United States Code, is 
     amended by striking ``two hundred gross tons'' and inserting 
     ``200 gross tons as measured under section 14502 of this 
     title, or an alternate tonnage measured under section 14302 
     of this title as prescribed by the Secretary under section 
     14104 of this title''.

     SEC. 745. CONVENTION TONNAGE FOR LICENSES, CERTIFICATES, AND 
                   DOCUMENTS.

       (a) Authority To Use Convention Tonnage.--Chapter 75 of 
     title 46, United States Code, is amended by adding at the end 
     the following:

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

       ``Notwithstanding any provision of section 14302(c) or 
     14305 of this title, the Secretary may--
       ``(1) evaluate the service of an individual who is applying 
     for a license, a certificate of registry, or a merchant 
     mariner's document by using the tonnage as measured under 
     chapter 143 of this title for the vessels on which that 
     service was acquired, and
       ``(2) issue the license, certificate, or document based on 
     that service.''.
       (b) Clerical Amendment.--The analysis to chapter 75 of 
     title 46, United States Code, is amended by adding a new item 
     as follows:

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

     SEC. 746. TECHNICAL CORRECTIONS.

       (a) Title 46, United States Code, is amended--
       (1) by striking the first section 12123 in chapter 121;
       (2) by striking the first item relating to section 12123 in 
     the table of sections for such chapter 121;
       (3) by striking ``proceeding'' in section 13108(a)(1) and 
     inserting ``preceding''; and 

[[Page S 17379]]

       (4) by striking ``Secertary'' in section 13108(a)(1) and 
     inserting ``Secretary''.
       (b) Section 645 of title 14, United States Code, is amended 
     by redesignating the second subsection (d) and subsections 
     (e) through (h) as subsection (e) and subsections (f) through 
     (i), respectively.
                    TITLE VIII--POLLUTION FROM SHIPS

     SEC. 801. PREVENTION OF POLLUTION FROM SHIPS.

       (a) In General.--Section 6 of the Act to Prevent Pollution 
     From Ships (33 U.S.C. 1905) is amended--
       (1) by striking ``(2) If'' in subsection (c)(2) and 
     inserting ``(2)(A) Subject to subparagraph (B), if''; and
       (2) by adding at the end of subsection (c)(2) the 
     following:
       ``(B) The Secretary may not issue a certificate attesting 
     to the adequacy of reception facilities under this paragraph 
     unless, prior to the issuance of the certificate, the 
     Secretary conducts an inspection of the reception facilities 
     of the port or terminal that is the subject of the 
     certificate.
       ``(C) The Secretary may, with respect to certificates 
     issued under this paragraph prior to the date of enactment of 
     the Coast Guard Authorization Act of 1995, prescribe by 
     regulation differing periods of validity for such 
     certificates.'';
       (3) by striking subsection (c)(3)(A) and inserting the 
     following:
       ``(A) is valid for the 5-year period beginning on the date 
     of issuance of the certificate, except that if--
       ``(i) the charge for operation of the port or terminal is 
     transferred to a person or entity other than the person or 
     entity that is the operator on the date of issuance of the 
     certificate--

       ``(I) the certificate shall expire on the date that is 30 
     days after the date of the transfer; and
       ``(II) the new operator shall be required to submit an 
     application for a certificate before a certificate may be 
     issued for the port or terminal; or

       ``(ii) the certificate is suspended or revoked by the 
     Secretary, the certificate shall cease to be valid; and''; 
     and
       (4) by striking subsection (d) and inserting the following:
       ``(d)(1) The Secretary shall maintain a list of ports or 
     terminals with respect to which a certificate issued under 
     this section--
       ``(A) is in effect; or
       ``(B) has been revoked or suspended.
       ``(2) The Secretary shall make the list referred to in 
     paragraph (1) available to the general public.''
       (b) Reception Facility Placards.--Section 6(f) of the Act 
     to Prevent Pollution From Ships (33 U.S.C. 1905(f)) is 
     amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) Not later than 18 months after the date of 
     enactment of the Coast Guard Authorization Act of 1995, the 
     Secretary shall promulgate regulations that require the 
     operator of each port or terminal that is subject to any 
     requirement of the MARPOL Protocol relating to reception 
     facilities to post a placard in a location that can easily be 
     seen by port and terminal users. The placard shall state, at 
     a minimum, that a user of a reception facility of the port or 
     terminal should report to the Secretary any inadequacy of the 
     reception facility.''.

     SEC. 802. MARINE PLASTIC POLLUTION RESEARCH AND CONTROL.

       (a) Compliance Reports.--Section 2201(a) of the Marine 
     Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 
     1902 note) is amended--
       (1) by striking ``for a period of 6 years''; and
       (2) by inserting before the period at the end the 
     following: ``and, not later than 1 year after the date of 
     enactment of the Coast Guard Authorization Act of 1995, and 
     annually thereafter, shall publish in the Federal Register a 
     list of the enforcement actions taken against any domestic or 
     foreign ship (including any commercial or recreational ship) 
     pursuant to the Act to Prevent Pollution from Ships (33 
     U.S.C. 1901 et seq.)''.
       (b) Coordination.--Section 2203 of the Marine Protection, 
     Research, and Sanctuaries Act of 1972 (33 U.S.C. 2803) is 
     amended to read as follows:

     ``SEC. 2203. COORDINATION.

       ``(a) Establishment of Marine Debris Coordinating 
     Committee.--The Secretary of Commerce shall establish a 
     Marine Debris Coordinating Committee.
       ``(b) Membership.--The Committee shall include a senior 
     official from--
       ``(1) the National Oceanic and Atmospheric Administration, 
     who shall serve as the Chairperson of the Committee;
       ``(2) the Environmental Protection Agency,;
       ``(3) the United States Coast Guard;
       ``(4) the United States Navy; and
       ``(5) such other Federal agencies that have an interest in 
     ocean issues or water pollution prevention and control as the 
     Secretary of Commerce determines appropriate.
       ``(c) Meetings.--The Committee shall meet at least twice a 
     year to provide a forum to ensure the coordination of 
     national and international research, monitoring, education, 
     and regulatory actions addressing the persistent marine 
     debris problem.
       ``(d) Monitoring.--The Secretary of Commerce, acting 
     through the Administrator of the National Oceanic and 
     Atmospheric Administration, in cooperation with the 
     Administrator of the Environmental Protection Agency, shall 
     utilize the marine debris data derived under title V of the 
     Marine Protection, Research, and Sanctuaries Act of 1972 (33 
     U.S.C. 2801 et seq.) to assist--
       ``(1) the Committee in ensuring coordination of research, 
     monitoring, education and regulatory actions; and
       ``(2) the United States Coast Guard in assessing the 
     effectiveness of this Act and the Act to Prevent Pollution 
     from Ships in ensuring compliance under section 2201.''.
       (c) Public Outreach Program.--Section 2204(a) of the Marine 
     Plastic Pollution Research and Control Act (42 U.S.C. 6981 
     note) is amended--
       (1) by striking ``for a period of at least 3 years,'' in 
     the matter preceding paragraph (1)(A)--
       (2) by striking ``and'' at the end of paragraph (1)(C);
       (3) by striking the period at the end of subparagraph 
     (1)(D) and inserting ``; and'';
       (4) by adding at the end of paragraph (1) the following:
       ``(E) the requirements under this Act and the Act to 
     Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) with 
     respect to ships and ports, and the authority of citizens to 
     report violations of this Act and the Act to Prevent 
     Pollution from Ships (33 U.S.C. 1901 et seq.).''; and
       (5) by striking paragraph (2) and inserting the following:
       ``(2) Authorized activities.--
       ``(A) Public outreach program.--A public outreach program 
     under paragraph (1) may include--
       ``(i) developing and implementing a voluntary boaters' 
     pledge program;
       ``(ii) workshops with interested groups;
       ``(iii) public service announcements;
       ``(iv) distribution of leaflets and posters; and
       ``(v) any other means appropriate to educating the public.
       ``(B) Grants and cooperative agreements.--To carry out this 
     section, the Secretary of the department in which the Coast 
     Guard is operating, the Secretary of Commerce, and the 
     Administrator of the Environmental Protection Agency are 
     authorized to award grants, enter into cooperative agreements 
     with appropriate officials of other Federal agencies and 
     agencies of States and political subdivisions of States and 
     with public and private entities, and provide other financial 
     assistance to eligible recipients.
       ``(C) Consultation.--In developing outreach initiatives for 
     groups that are subject to the requirements of this title and 
     the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et 
     seq.), the Secretary of the department in which the Coast 
     Guard is operating, in consultation with the Secretary of 
     Commerce, acting through the Administrator of the National 
     Oceanic and Atmospheric Administration, and the Administrator 
     of the Environmental Protection Agency, shall consult with--
       ``(i) the heads of State agencies responsible for 
     implementing State boating laws; and
       ``(ii) the heads of other enforcement agencies that 
     regulate boaters or commercial fishermen.''.
                 TITLE IX--LAW ENFORCEMENT ENHANCEMENT

     SEC. 901. SANCTIONS FOR FAILURE TO LAND OR TO BRING TO; 
                   SANCTIONS FOR OBSTRUCTION OF BOARDING AND 
                   PROVIDING FALSE INFORMATION.

       (a) In General.--Chapter 109 of title 18, United States 
     Code, is amended by adding at the end new section 2237 to 
     read as follows:

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

       ``(a)(1) It shall be unlawful for the pilot, operator, or 
     person in charge of an aircraft which has crossed the border 
     of the United States, or an aircraft subject to the 
     jurisdiction of the United States operating outside the 
     United States, to fail to obey an order to land by an 
     authorized Federal law enforcement officer who is enforcing 
     the laws of the United States relating to controlled 
     substances, as that term is defined in section 102(6) of the 
     Controlled Substances Act (21 U.S.C. 802(6)), or relating to 
     money laundering (sections 1956-57 of this title).
       ``(2) The Administrator of the Federal Aviation 
     Administration, in consultation with the Commissioner of 
     Customs and the Attorney General, shall prescribe regulations 
     governing the means by which a Federal law enforcement 
     officer may communicate an order to land to a pilot, 
     operator, or person in charge of an aircraft.
       ``(b)(1) It shall be unlawful for the master, operator, or 
     person in charge of a vessel of the United States or a vessel 
     subject to the jurisdiction of the United States, to fail to 
     obey an order to bring to that vessel on being ordered to do 
     so by an authorized Federal law enforcement officer.
       ``(2) It shall be unlawful for any person on board a vessel 
     of the United States or a vessel subject to the jurisdiction 
     of the United States to--
       ``(A) fail to comply with an order of an authorized Federal 
     law enforcement officer in connection with the boarding of 
     the vessel;
       ``(B) impede or obstruct a boarding or arrest, or other law 
     enforcement action authorized by any Federal law; or
       ``(C) provide information to a Federal law enforcement 
     officer during a boarding of a vessel regarding the vessel's 
     destination, origin, ownership, registration, nationality, 
     cargo, or crew, which that person knows or has reason to know 
     is false.
       ``(c) This section does not limit in any way the 
     preexisting authority of a customs officer under section 581 
     of the Tariff Act of 1930 or any other provision of law 
     enforced or administered by the Customs Service, or the 
     preexisting authority of any Federal law enforcement officer 
     under any law of the United States to order an aircraft to 
     land or a vessel to bring to.
       ``(d) A foreign nation may consent or waive objection to 
     the enforcement of United States 

[[Page S 17380]]
     law by the United States under this section by radio, telephone, or 
     similar oral or electronic means. Consent or waiver may be 
     proven by certification of the Secretary of State or the 
     Secretary's designee.
       ``(e) For purposes of this section--
       ``(1) A `vessel of the United States' and a `vessel subject 
     to the jurisdiction of the United States' have the meaning 
     set forth for these terms in the Maritime Drug Law 
     Enforcement Act (46 App. U.S.C. 1903);
       ``(2) an aircraft `subject to the jurisdiction of the 
     United States' includes--
       ``(A) an aircraft located over the United States or the 
     customs waters of the United States;
       ``(B) an aircraft located in the airspace of a foreign 
     nation, where that nation consents to the enforcement of 
     United States law by the United States; and
       ``(C) over the high seas, an aircraft without nationality, 
     an aircraft of United States registry, or an aircraft 
     registered in a foreign nation that has consented or waived 
     objection to the enforcement of United States law by the 
     United States;
       ``(3) an aircraft `without nationality' includes--
       ``(A) an aircraft aboard which the pilot, operator, or 
     person in charge makes a claim of registry, which claim is 
     denied by the nation whose registry is claimed; and
       ``(B) an aircraft aboard which the pilot, operator, or 
     person in charge fails, upon request of an officer of the 
     United States empowered to enforce applicable provisions of 
     United States law, to make a claim of registry for that 
     aircraft.
       ``(4) the term `bring to' means to cause a vessel to slow 
     or come to a stop to facilitate a law enforcement boarding by 
     adjusting the course and speed of the vessel to account for 
     the weather conditions and sea state; and
       ``(5) the term `Federal law enforcement officer' has the 
     meaning set forth in section 115 of this title.
       ``(f) Any person who intentionally violates the provisions 
     of this section shall be subject to--
       ``(1) imprisonment for not more than 5 years; and
       ``(2) a fine as provided in this title.
       ``(g) An aircraft or vessel that is used in violation of 
     this section may be seized and forfeited. The laws relating 
     to the seizure, summary and judicial forfeiture, and 
     condemnation of property for violation of the customs laws, 
     the disposition of such property or the proceeds from the 
     sale thereof, the remission or mitigation of such 
     forfeitures, and the compromise of claims, shall apply to 
     seizures and forfeitures undertaken, or alleged to have been 
     undertaken, under any of the provisions of this section; 
     except that such duties as are imposed upon the customs 
     officer or any other person with respect to the seizure and 
     forfeiture of property under the customs laws shall be 
     performed with respect to seizures and forfeitures of 
     property under this section by such officers, agents, or 
     other persons as may be authorized or designated for that 
     purpose. A vessel or aircraft that is used in violation of 
     this section is also liable in rem for any fine or civil 
     penalty imposed under this section.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     chapter 109, title 18, United States Code, is amended by 
     inserting the following new item after the item for section 
     2236:

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

     SEC. 902. FAA SUMMARY REVOCATION AUTHORITY.

       (a) Title 49, United States Code, is amended by adding 
     after section 44106 the following new section:

     ``Sec. 44106a. Summary revocation of aircraft certificate

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

``44106a. Summary revocation of aircraft certificate.''
       (c) Title 49, United States Code, is amended by adding 
     after section 44710 the following new section:

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

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

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

     SEC. 903. COAST GUARD AIR INTERDICTION AUTHORITY.

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

     ``Sec. 96. Air interdiction authority

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

``96. Air interdiction authority.''.

     SEC. 904. COAST GUARD CIVIL PENALTY PROVISIONS.

       (a) In General.--Chapter 17 of title 14, United States 
     Code, is amended by adding at the end the following new 
     section:

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

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

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

     SEC. 905. CUSTOMS ORDERS.

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

     SEC. 906. CUSTOMS CIVIL PENALTY PROVISIONS.

       Part V of title IV of the Tariff Act of 1930 (19 U.S.C. 
     1581 et seq.) is amended by adding a new section 591 (19 
     U.S.C. 1591) as follows:

     ``SEC. 591. CIVIL PENALTY FOR FAILURE TO OBEY AN ORDER TO 
                   LAND.

       ``(a) The pilot, operator, or person in charge of an 
     aircraft who fails to comply with an order of an authorized 
     Federal law enforcement officer relating to the landing of an 
     aircraft issued under the authority of section 581 of this 
     Act, or section 2237 of title 18, United States Code, and 
     communicated according to regulations promulgated under 
     section 2237 of title 18, United States Code, or according to 
     any applicable, internationally recognized standards, or in 
     any other manner reasonably calculated to be received and 
     understood, shall be liable for a civil penalty of not more 
     than $15,000. For intentional violations of this section, a 
     civil penalty of not more than $25,000 shall be assessed.
       ``(b) An aircraft used to violate an order relating to the 
     landing of an aircraft issued under the authority of section 
     581 of this Act, or section 2237 of title 18, United States 
     Code, is also liable in rem and may be seized, forfeited, and 
     sold in accordance with Customs law, specifically section 
     1594 of Title 19, United States Code.''.

[[Page S 17381]]

                          TITLE X--CONVEYANCES

     SEC. 1001. CONVEYANCE OF PROPERTY IN MASSACHUSETTS.

       (a) Authority to Convey.--
       (1) In general.--The Secretary shall convey, by an 
     appropriate means of conveyance, all right, title, and 
     interest of the United States in and to the properties 
     described in paragraph (3) to the persons to whom each such 
     property is to be conveyed under that paragraph.
       (2) Identification of property.--The Secretary may 
     identify, describe, and determine each property to be 
     conveyed pursuant to this subsection.
       (3) Properties conveyed.--
       (A) Cape ann lighthouse.--The Secretary shall convey to the 
     town of Rockport, Massachusetts, by an appropriate means of 
     conveyance, all right, title, and interest of the United 
     States in and to the property comprising the Cape Ann 
     Lighthouse, located on Thacher Island, Massachusetts.
       (B) Coast guard property in gosnold, massachusetts.--The 
     Secretary may convey to the town of Gosnold, Massachusetts, 
     without reimbursement and by no later than 120 days after the 
     date of enactment of this Act, all right, title, and interest 
     of the United States in and to the property known as the 
     ``United States Coast Guard Cuttyhunk Boathouse and Wharf'' 
     located in the town of Gosnold, Massachusetts.
       (b) Terms of Conveyance.--
       (1) In general.--The conveyance of property pursuant to 
     this section shall be made--
       (A) without payment of consideration; and
       (B) subject to the conditions required by paragraphs (3), 
     (4), and (5) and other terms and conditions the Secretary may 
     consider appropriate.
       (2) Reversionary interest.--In addition to any term or 
     condition established pursuant to paragraph (1), the 
     conveyance of property pursuant to this section shall be 
     subject to the condition that all right, title, and interest 
     in the property conveyed shall immediately revert to the 
     United States if the property, or any part of the property
       (A) ceases to be maintained in a manner that ensures its 
     present or future use as a Coast Guard aid to navigation; or
       (B) ceases to be maintained in a manner consistent with the 
     provisions of the National Historic Preservation Act of 1966 
     (16 U.S.C. 470 et seq.).
       (3) Maintenance of navigation functions.--The conveyance of 
     property pursuant to this section shall be made subject to 
     the conditions that the Secretary considers to be necessary 
     to assure that--
       (A) the lights, antennas, and associated equipment located 
     on the property conveyed, which are active aids to 
     navigation, shall continue to be operated and maintained by 
     the United States;
       (B) the person to which the property is conveyed may not 
     interfere or allow interference in any manner with aids to 
     navigation without express written permission from the 
     Secretary;
       (C) there is reserved to the United States the right to 
     relocate, replace, or add any aid to navigation or make any 
     changes to the property conveyed as may be necessary for 
     navigational purposes;
       (D) the United States shall have the right, at any time, to 
     enter the property without notice for the purpose of 
     maintaining aids to navigation; and
       (E) the United States shall have an easement of access to 
     the property for the purpose of maintaining the aids to 
     navigation in use on the property.
       (4) Obligation limitation.--The person to which the 
     property is conveyed is not required to maintain any active 
     aid to navigation equipment on property conveyed pursuant to 
     this section.
       (5) Maintenance of property.--The person to which the 
     property is conveyed shall maintain the property in 
     accordance with the National Historic Preservation Act of 
     1966 (16 U.S.C. 470 et seq.), and other applicable laws.
       (c) Definitions.--For purposes of this section--
       (1) the term ``Cape Ann Lighthouse'' means the Coast Guard 
     property located on Thacher Island, Massachusetts, except any 
     historical artifact, including any lens or lantern, located 
     on the property at or before the time of the conveyance;
       (2) the term ``United States Coast Guard Cuttyhunk 
     Boathouse and Wharf'' means real property located in the town 
     of Gosnold, Massachusetts (including all buildings, 
     structures, equipment, and other improvements), as determined 
     by the Secretary of Transportation; and
       (3) the term ``Secretary'' means the Secretary of 
     Transportation.

     SEC. 1002. CONVEYANCE OF CERTAIN LIGHTHOUSES LOCATED IN 
                   MAINE.

       (a) Authority to Convey.--
       (1) In general.--The Secretary of Transportation (in this 
     section referred to as the ``Secretary'') may convey to the 
     Island Institute, Rockland, Maine, (in this section referred 
     to as the ``Institute''), by an appropriate means of 
     conveyance, all right, title, and interest of the United 
     States in and to any of the facilities and real property and 
     improvements described in paragraph (2).
       (2) Identification of properties.--Paragraph (1) applies to 
     lighthouses, together with any real property and other 
     improvements associated therewith, located in the State of 
     Maine as follows:
       (A) Whitehead Island Light.
       (B) Deer Island Thorofare (Mark Island) Light.
       (C) Burnt Island Light.
       (D) Rockland Harbor Breakwater Light.
       (E) Monhegan Island Light.
       (F) Eagle Island Light.
       (G) Curtis Island Light.
       (H) Moose Peak Light.
       (I) Great Duck Island Light.
       (J) Goose Rocks Light.
       (K) Isle au Haut Light.
       (L) Goat Island Light.
       (M) Wood Island Light.
       (N) Doubling Point Light.
       (O) Doubling Point Front Range Light.
       (P) Doubling Point Rear Range Light.
       (Q) Little River Light.
       (R) Spring Point Ledge Light.
       (S) Ram Island Light (Boothbay).
       (T) Seguin Island Light.
       (U) Marshall Point Light.
       (V) Fort Point Light.
       (W) West Quoddy Head Light.
       (X) Brown's Head Light.
       (Y) Cape Neddick Light.
       (Z) Halfway Rock Light.
       (AA) Ram Island Ledge Light.
       (BB) Mount Desert Rock Light.
       (CC) Whitlock's Mill Light.
       (3) 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.
       (4) Additional conveyances to united states fish and 
     wildlife service.--The Secretary may transfer, in accordance 
     with the terms and conditions of subsection (b), the 
     following lighthouses, together with any real property and 
     improvements associated therewith, directly to the United 
     States Fish and Wildlife Service:
       (A) Two Bush Island Light.
       (B) Egg Rock Light.
       (C) Libby Island Light.
       (D) Matinicus Rock Light.
       (b) Terms of Conveyance.--
       (1) In general.--The conveyance of property pursuant to 
     this section shall be made--
       (A) without payment of consideration; and
       (B) subject to the conditions required by paragraphs (2) 
     and (3) and other terms and conditions the Secretary may 
     consider appropriate.
       (2) Maintenance of navigation function.--The conveyance of 
     property pursuant to this section shall be made subject to 
     the conditions that the Secretary considers necessary to 
     assure that--
       (A) the lights, antennas, and associated equipment located 
     on the property conveyed, which are active aids to 
     navigation, shall continue to be operated and maintained by 
     the United States;
       (B) the Institute, the United States Fish and Wildlife 
     Service, and an entity to which property is conveyed under 
     this section may not interfere or allow interference in any 
     manner with aids to navigation without express written 
     permission from the Secretary;
       (C) there is reserved to the United States the right to 
     relocate, replace, or add any aid to navigation or make any 
     changes to property conveyed under this section as may be 
     necessary for navigational purposes;
       (D) the United States shall have the right, at any time, to 
     enter property conveyed under this section without notice for 
     the purpose of maintaining aids to navigation; and
       (E) the United States shall have an easement of access to 
     property conveyed under this section for the purpose of 
     maintaining the aids to navigation in use on the property.
       (3) Obligation limitation.--The Institute, or any entity to 
     which the Institute conveys a lighthouse under subsection 
     (d), is not required to maintain any active aid to navigation 
     equipment on a property conveyed under this section.
       (4) Reversionary interest.--In addition to any term or 
     condition established pursuant to paragraph (1), the 
     conveyance of property pursuant to this section shall be 
     subject to the condition that all right, title, and interest 
     in such property shall immediately revert to the United 
     States if--
       (A) such property or any part of such property ceases to be 
     used for educational, historic, recreational, cultural, and 
     wildlife conservation programs for the general public and for 
     such other uses as the Secretary determines to be not 
     inconsistent or incompatible with such uses;
       (B) such property or any part of such property ceases to be 
     maintained in a manner that ensures its present or future use 
     as a Coast Guard aid to navigation;
       (C) such property or any part of such property ceases to be 
     maintained in a manner consistent with the provisions of the 
     National Historic Preservation Act of 1966 (16 U.S.C. 470 et 
     seq.); or
       (D) the Secretary determines that--
       (i) the Institute is unable to identify an entity eligible 
     for the conveyance of the lighthouse under subsection (d) 
     within the 3-year period beginning on the date of the 
     conveyance of the lighthouse to the Institute under 
     subsection (a); or
       (ii) in the event that the Institute identifies an entity 
     eligible for the conveyance within that period--

       (I) the entity is unable or unwilling to accept the 
     conveyance and the Institute is unable to identify another 
     entity eligible for the conveyance within that period; or
       (II) the Maine Lighthouse Selection Committee established 
     under subsection (d)(3)(A) disapproves of the entity 
     identified by the Institute and the Institute is unable to 
     identify another entity eligible for the conveyance within 
     that period.

       (c) Inspection.--The State Historic Preservation Officer of 
     the State of Maine may inspect any lighthouse, and any real 
     property and improvements associated therewith, that is 
     conveyed under this section at any time, without notice, for 
     purposes of ensuring that the lighthouse is being maintained 
     in the manner required under subsection (b). The Institute, 
     and any subsequent conveyee of the Institute under subsection 
     (d), shall cooperate with the official referred to in the 
     preceding sentence in the inspections of that official under 
     this subsection.

[[Page S 17382]]

       (d) Subsequent Conveyance.--
       (1) Requirement.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Institute shall convey, without consideration, all right, 
     title, and interest of the Institute in and to the 
     lighthouses conveyed to the Institute under subsection (a), 
     together with any real property and improvements associated 
     therewith, to one or more entities identified under paragraph 
     (2) and approved by the committee established under paragraph 
     (3) in accordance with the provisions of such paragraph (3).
       (B) Exception.--The Institute, with the concurrence of the 
     Maine Lighthouse Selection Committee and in accordance with 
     the terms and conditions of subsection (b), may retain right, 
     title, and interest in and to the following lighthouses 
     conveyed to the Institute:
       (i) Whitehead Island Light.
       (ii) Deer Island Thorofare (Mark Island) Light.
       (2) Identification of eligible entities.--
       (A) In general.--Subject to subparagraph (B), the Institute 
     shall identify entities eligible for the conveyance of a 
     lighthouse under this subsection. Such entities shall include 
     any department or agency of the Federal Government, any 
     department or agency of the Government of the State of Maine, 
     any local government in that State, or any nonprofit 
     corporation, educational agency, or community development 
     organization that--
       (i) is financially able to maintain the lighthouse (and any 
     real property and improvements conveyed therewith) in 
     accordance with the conditions set forth in subsection (b);
       (ii) has agreed to permit the inspections referred to in 
     subsection (c); and
       (iii) has agreed to comply with the conditions set forth in 
     subsection (b); and to have such conditions recorded with the 
     deed of title to the lighthouse and any real property and 
     improvements that may be conveyed therewith.
       (B) Order of priority.--In identifying entities eligible 
     for the conveyance of a lighthouse under this paragraph, the 
     Institute shall give priority to entities in the following 
     order, which are also the exclusive entities eligible for the 
     conveyance of a lighthouse under this section:
       (i) Agencies of the Federal Government.
       (ii) Entities of the Government of the State of Maine.
       (iii) Entities of local governments in the State of Maine.
       (iv) Nonprofit corporations, educational agencies, and 
     community development organizations.
       (3) Selection of conveyees among eligible entities.--
       (A) Committee.--
       (i) In general.--There is hereby established a committee to 
     be known as the Maine Lighthouse Selection Committee (in this 
     paragraph referred to as the ``Committee'').
       (ii) Membership.--The Committee shall consist of five 
     members appointed by the Secretary as follows:

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

       (iii) Appointment deadline.--The Secretary shall appoint 
     the members of the Committee not later than 90 days after the 
     date of the enactment of this Act.
       (iv) Membership term.--

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

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

       (I) review the entities identified by the Institute under 
     paragraph (2) as entities eligible for the conveyance of a 
     lighthouse; and

       (II) approve one such entity, or disapprove all such 
     entities, as entities to which the Institute may make the 
     conveyance of the lighthouse under this subsection.

       (ii) Approval.--If the Committee approves an entity for the 
     conveyance of a lighthouse, the Committee shall notify the 
     Institute of such approval.
       (iii) Disapproval.--If the Committee disapproves of the 
     entities, the Committee shall notify the Institute and, 
     subject to subsection (b)(4)(D)(ii), the Institute shall 
     identify other entities eligible for the conveyance of the 
     lighthouse under paragraph (2). The Committee shall review 
     and approve or disapprove entities identified pursuant to the 
     preceding sentence in accordance with this subparagraph and 
     the criteria set forth in subsection (b).
       (C) Exemption from faca.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall not apply to the Committee, 
     however, all meetings of the Committee shall be open to the 
     public and preceded by appropriate public notice.
       (D) Termination.--The Committee shall terminate 8 years 
     from the date of the enactment of this Act.
       (4) Conveyance.--Upon notification under paragraph 
     (3)(B)(ii) of the approval of an identified entity for 
     conveyance of a lighthouse under this subsection, the 
     Institute shall, with the consent of the entity, convey the 
     lighthouse to the entity.
       (5) Responsibilities of conveyees.--Each entity to which 
     the Institute conveys a lighthouse under this subsection, or 
     any successor or assign of such entity in perpetuity, shall--
       (A) use and maintain the lighthouse in accordance with 
     subsection (b) and have such terms and conditions recorded 
     with the deed of title to the lighthouse and any real 
     property conveyed therewith; and
       (B) permit the inspections referred to in subsection (c).
       (e) Description of Property.--The 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. The Secretary shall 
     retain all right, title, and interest of the United States in 
     and to any historical artifact, including any lens or 
     lantern, that is associated with the lighthouses conveyed 
     under this subsection, whether located at the lighthouse or 
     elsewhere. The Secretary shall identify any equipment, 
     system, or object covered by this paragraph.
       (f) Report.--Not later than 1 year after the date of the 
     enactment of this Act, and annually thereafter for the next 7 
     years, the Secretary shall submit to Congress a report on the 
     conveyance of lighthouses under this section. The report 
     shall include a description of the implementation of the 
     provisions of this section, and the requirements arising 
     under such provisions, in--
       (1) providing for the use and maintenance of the 
     lighthouses conveyed under this section in accordance with 
     subsection (b);
       (2) providing for public access to such lighthouses; and
       (3) achieving the conveyance of lighthouses to appropriate 
     entities under subsection (d).

     SEC. 1003. CONVEYANCE OF SQUIRREL POINT LIGHT.

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

[[Page S 17383]]
     enable Squirrel Point Associates, Incorporated, to operate a non-profit 
     center for public benefit; and
       (2) except any historical artifact, including any lens or 
     lantern, located on the property at or before the time of the 
     conveyance.

     SEC. 1004. CONVEYANCE OF MONTAUK LIGHT STATION, NEW YORK.

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

     SEC. 1005. CONVEYANCE OF POINT ARENA LIGHT STATION.

       (a) Authority to Convey.--
       (1) In general.--At such time as the Secretary determines 
     the Point Arena Light Station to be excess to the needs of 
     the Coast Guard, the Secretary of Transportation shall convey 
     to the Point Arena Lighthouse Keepers, Inc., by an 
     appropriate means of conveyance, all right, title, and 
     interest of the United States in and to The Point Arena 
     Lighthouse, located in Mendocino County, California, except 
     that the Coast Guard shall retain all right, title, and 
     interest in any historical artifact, including any lens or 
     lantern, on the property conveyed pursuant to this section, 
     or belonging to the property, whether located on the property 
     or elsewhere, except that such lens must be retained within 
     the boundary of the State of California.
       (2) Identification of property.--The Secretary may 
     identify, describe, and determine the property to be conveyed 
     pursuant to this section.
       (b) Terms of Conveyance.--
       (1) In general.--A conveyance of property pursuant to this 
     section shall be made--
       (A) without the payment of consideration; and
       (B) subject to such terms and conditions as the Secretary 
     may consider appropriate.
       (2) Reversionary interest.--In addition to any term or 
     condition established pursuant to paragraph (1), any 
     conveyance of property comprising the Point Arena Light 
     Station pursuant to subsection (a) shall be subject to the 
     condition that all right, title, and interest in and to the 
     property so conveyed shall immediately revert to the United 
     States if the property, or any part thereof ceases to be 
     maintained as a nonprofit center for public benefit for the 
     interpretation and preservation of the maritime history of 
     Point Arena, California.
       (3) Maintenance of navigation functions.--Any conveyance of 
     property pursuant to this section shall be subject to such 
     conditions as the Secretary considers to be necessary to 
     assure that--
       (A) the light, antennas, sound signal, and associated 
     lighthouse equipment located on the property conveyed, which 
     are active aids to navigation, shall continue to be operated 
     and maintained by the United States for as long as they are 
     needed for this purpose;
       (B) the Point Arena Lighthouse Keepers, Inc., or any 
     successors or assigns, may not interfere or allow 
     interference in any manner with such aids to navigation 
     without express written permission from the United States;
       (C) there is reserved to the United States the right to 
     relocate, replace, or add any aids to navigation, or make any 
     changes to the Point Arena Light Station as may be necessary 
     for navigation purposes;
       (D) the United States shall have the right, at any time, to 
     enter the property conveyed without notice for the purpose of 
     maintaining navigation aids;
       (E) the United States shall have an easement of access to 
     such property for the purpose of maintaining the navigational 
     aids in use on the property; and
       (F) the Point Arena Light Station shall revert to the 
     United States at the end of the 30-day period beginning on 
     any date on which the Secretary of Transportation provides 
     written notice to the Point Arena Lighthouse Keepers, Inc., 
     that the Point Arena Light Station is needed for national 
     security purposes.
       (4) Maintenance of property.--Any conveyance of property 
     under this section shall be subject to the condition that the 
     Point Arena Lighthouse Keepers, Inc., shall maintain the 
     Point Arena Light Station in accordance with the provisions 
     of the National Historic Preservation Act (16 U.S.C. 470 et 
     seq.) and other applicable laws.
       (5) Obligation limitation.--The Point Arena Lighthouse 
     Keepers, Inc., or any successors or assigns, shall not have 
     any obligation to maintain any active aid to navigation 
     equipment on property conveyed pursuant to this section.
       (c) Maintenance Standard.--The Point Arena Lighthouse 
     Keepers, Inc., or any successor or assign, at its own cost 
     and expense, shall maintain, in a proper, substantial and 
     workmanlike manner, all properties conveyed.
       (d) Definitions.--For purposes of this section--
       (1) the term ``Point Arena Light Station'' means the Coast 
     Guard property and improvements located at Point Arena, 
     California, including the light tower building, fog signal 
     building, 2 small shelters, 4 residential quarters, and a 
     restroom facility; and
       (2) the term ``Secretary'' means the Secretary of the 
     department in which the Coast Guard is operating.

     SEC. 1006. CONVEYANCE OF PROPERTY IN KETCHIKAN, ALASKA.

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

     SEC. 1007. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, MICHIGAN.

       (a) Authority to Convey.--The Secretary of Transportation 
     (or any other official having control over the property 
     described in subsection (b)) shall expeditiously convey to 
     the Traverse 

[[Page S 17384]]
     City Area Public School District in Traverse City, Michigan, without 
     consideration, all right, title, and interest of the United 
     States in and to the property described in subsection (b), 
     subject to all easements and other interests in the property 
     held by any other person.
       (b) Identification of Property.--The 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) or (d), any 
     conveyance of property described in subsection (b) shall be 
     subject to the condition that all right, title, and interest 
     in and to the property so conveyed shall immediately revert 
     to the United States if the property, or any part thereof, 
     ceases to be used by the Traverse City Area Public School 
     District.
       (d) Terms of Conveyance.--The conveyance of property under 
     this section shall be subject to such conditions as the 
     Secretary considers to be necessary to assure that--
       (1) the pump room located on the property shall continue to 
     be operated and maintained by the United States for as long 
     as it is needed for this purpose;
       (2) the United States shall have an easement of access to 
     the property for the purpose of operating and maintaining the 
     pump room; and
       (3) the United States shall have the right, at any time, to 
     enter the property without notice for the purpose of 
     operating and maintaining the pump room.

     SEC. 1008. TRANSFER OF COAST GUARD PROPERTY IN NEW SHOREHAM, 
                   RHODE ISLAND.

       (a) Requirement.--The Secretary of Transportation (or any 
     other official having control over the property described in 
     subsection (b)) shall expeditiously convey to the town of New 
     Shoreham, Rhode Island, without consideration, all right, 
     title, and interest of the United States in and to the 
     property known as the United States Coast Guard Station Block 
     Island, as described in subsection (b), subject to all 
     easements and other interest in the property held by any 
     other person.
       (b) Property Described.--The property referred to in 
     subsection (a) is real property (including buildings and 
     improvements) located on the west side of Block Island, Rhode 
     Island, at the entrance to the Great Salt Pond and referred 
     to in the books of the Tax Assessor of the town of New 
     Shoreham, Rhode Island, as lots 10 and 12, comprising 
     approximately 10.7 acres.
       (c) Reversionary Interest.--In addition to any term or 
     condition established pursuant to subsection (a), any 
     conveyance of property under subsection (a) shall be subject 
     to the condition that all right, title, and interest in and 
     to the property so conveyed shall immediately revert to the 
     United States if the property, or any part thereof, ceases to 
     be used by the town of New Shoreham, Rhode Island.

     SEC. 1009. CONVEYANCE OF PROPERTY IN SANTA CRUZ, CALIFORNIA.

       (a) Authority to Convey.--
       (1) In general.--The Secretary may convey to the Santa Cruz 
     Port District by an appropriate means of conveyance, all 
     right, title, and interest of the United States in and to the 
     property described in paragraph (2).
       (2) Identification of property.--The Secretary may 
     identify, describe, and determine the property to be conveyed 
     pursuant to this section.
       (b) Consideration.--Any conveyance of property pursuant to 
     this section shall be made without payment of consideration.
       (c) Condition.--The conveyance provided for in subsection 
     (a) may be made contingent upon agreement by the Port 
     District that--
       (1) the utility systems, building spaces, and facilities or 
     any alternate, suitable facilities and buildings on the 
     harbor premises would be available for joint use by the Port 
     District and the Coast Guard when deemed necessary by the 
     Coast Guard; and
       (2) the Port District would be responsible for paying the 
     cost of maintaining, operating, and replacing (as necessary) 
     the utility systems and any buildings and facilities located 
     on the property as described in subsection (a) or on any 
     alternate, suitable property on the harbor premises set aside 
     for use by the Coast Guard.
       (d) Reversionary Interest.--Any conveyance of property 
     pursuant to this section shall be subject to the condition 
     that all right, title, and interest in Subunit Santa Cruz 
     shall immediately revert to the United States:
       (1) If Subunit Santa Cruz ceases to be maintained as a 
     nonprofit center for education, training, administration, and 
     other public service to include use by the Coast Guard;
       (2) at the end of the thirty day period beginning on any 
     date on which the Secretary provides written notice to the 
     Santa Cruz Port District that Subunit Santa Cruz is needed 
     for national security purposes.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (f) Definitions.--For purposes of this section--
       (1) ``Subunit Santa Cruz'' means the Coast Guard property 
     and improvements located at Santa Cruz, California;
       (2) ``Secretary'' means the Secretary of the department in 
     which the Coast Guard is operating; and
       (3) ``Port District'' means the Santa Cruz Port District, 
     or any successor or assign.

     SEC. 1010. CONVEYANCE OF VESSEL S/S RED OAK VICTORY.

       (a) In General.--Notwithstanding any other law, the 
     Secretary of Transportation may convey the right, title, and 
     interest of the United States Government in and to the vessel 
     S/S RED OAK VICTORY (Victory Ship VCS-AP2; United States Navy 
     Hull No. AK235) to the City of Richmond Museum Association, 
     Inc., located in Richmond, California (in this section 
     referred to as ``the recipient''), if--
       (1) the recipient agrees to use the vessel for the purposes 
     of a monument to the wartime accomplishments of the City of 
     Richmond;
       (2) the vessel is not used for commercial transportation 
     purposes;
       (3) the recipient agrees to make the vessel available to 
     the Government if the Secretary requires use of the vessel by 
     the Government for war or a national emergency;
       (4) the recipient agrees to hold the Government harmless 
     for any claims arising from exposure to asbestos after 
     conveyance of the vessel, except for claims arising from use 
     by the Government under paragraph (3); and
       (5) the recipient has available, for use to restore the 
     vessel, in the form of cash, liquid assets, or a written loan 
     commitment, financial resources of at least $100,000.
       (b) Delivery of Vessel.--If a conveyance is made under this 
     section, the Secretary shall deliver the vessel at the place 
     where the vessel is located on the date of enactment of this 
     Act, in its present condition, without cost to the 
     Government.
       (c) Other Unneeded Equipment.--The Secretary may convey to 
     the recipient any unneeded equipment from other vessels in 
     the National Defense Reserve Fleet for use to restore the S/S 
     RED OAK VICTORY to museum quality.
       (d) Retention of Vessel in NDRF.--The Secretary shall 
     retain in the National Defense Reserve Fleet the vessel 
     authorized to be conveyed under subsection (a), until the 
     earlier of--
       (1) 2 years after the date of the enactment of this Act; or
       (2) the date of conveyance of the vessel under subsection 
     (a).
                        TITLE XI--MISCELLANEOUS

     SEC. 1101. FLORIDA AVENUE BRIDGE.

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

     SEC. 1102. OIL SPILL RECOVERY INSTITUTE.

       (a) Advisory Board and Executive Committee.--Section 5001 
     of the Oil Pollution Act of 1990 (33 U.S.C. 2731) is 
     amended--
       (1) by striking ``to be administered by the Secretary of 
     Commerce'' in subsection (a);
       (2) by striking ``and located'' in subsection (a) and 
     inserting ``located'';
       (3) by striking ``the EXXON VALDEZ oil spill'' each place 
     it appears in subsection (b)(2) and inserting ``Arctic or 
     Subarctic oil spills'';
       (4) by striking ``18'' in subsection (c)(1) and inserting 
     ``14'';
       (5) by striking ``Game, and Environmental Conservation, 
     Natural Resources, and Commerce and Economic Development'' in 
     subsection (c)(1)(A) and inserting ``Game and Economic 
     Development'';
       (6) by striking subsection (c)(1) (B), (C), and (D);
       (7) by redesignating subparagraphs (E) and (F) of 
     subsection (c)(1) as subparagraphs (G) and (H), respectively;
       (8) by inserting after subparagraph (A) of subsection 
     (c)(1) the following:
       ``(B) One representative appointed by each of the 
     Secretaries of Commerce and Transportation, who shall be 
     Federal employees.
       ``(C) Two representatives from the fishing industry 
     appointed by the Governor of the State of Alaska from among 
     residents of communities in Alaska that were affected by the 
     EXXON VALDEZ oil spill, who shall serve terms of 2 years 
     each. Interested organizations from within the fishing 
     industry may submit the names of qualified individuals for 
     consideration by the Governor.
       ``(D) Two Alaska Natives who represent Native entities 
     affected by the EXXON VALDEZ oil spill, at least one of whom 
     represents an entity located in Prince William Sound, 
     appointed by the Governor of Alaska from a list of 4 
     qualified individuals submitted by the Alaska Federation of 
     Natives, who shall serve terms of 2 years each.
       ``(E) Two representatives from the oil and gas industry to 
     be appointed by the Governor of the State of Alaska who shall 
     serve terms of 2 years each. Interested organizations from 
     within the oil and gas industry may submit the names of 

[[Page S 17385]]
     qualified individuals for consideration by the Governor.
       ``(F) Two at-large representatives from among residents of 
     cummunities in Alaska that were affected by the EXXON VALDEZ 
     oil spill who are knowledgeable about the marine environment 
     and wildlife within Prince William Sound, and who shall serve 
     terms of 2 years each, appointed by the remaining members of 
     the Advisory Board. Interested parties may submit the names 
     of qualified individuals for consideration by the Advisory 
     Board.'';
       (9) adding at the end of subsection (c) the following:
       ``(4) Evaluation.--The Advisory Board will request a 
     scientific review of the research program every five years by 
     the National Academy of Sciences which will perform the 
     review as part of its responsibilities under Section 
     7001(b)(2).'';
       (10) by striking ``the EXXON VALDEZ oil spill'' in 
     subsection (d)(2) and inserting ``Arctic or Subarctic oil 
     spills'';
       (11) by striking ``Secretary of Commerce'' in subsection 
     (e) and inserting ``Advisory Board'';
       (12) by striking ``the Advisory Board,'' in subsection (e);
       (13) by striking ``Secretary's'' in subsection (e) and 
     inserting ``Advisory Board's'';
       (14) by inserting ``authorization in section 5006(b) 
     providing funding for the'' in subsection (i) after ``The'';
       (15) by striking ``this Act'' in subsection (i) and 
     inserting ``the Coast Guard Authorization Act of 1995''; and
       (16) by inserting ``The Advisory Board may compensate its 
     Federal representatives for their reasonable travel costs.'' 
     in subsection (j) after ``Institute.''.
       (b) Funding.--Section 5006 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2736) is amended by--
       (1) striking subsection (a), redesignating subsection (b) 
     as subsection ``(a)'';
       (2) striking ``5003'' in the caption of subsection (a), as 
     redesignated, and inserting ``5001, 5003,'';
       (3) inserting ``to carry out section 5001 in the amount as 
     determined in section 5006(b), and'' after ``limitation,'' in 
     the text of subsection (a), as redesignated; and
       (4) adding at the end thereof the following:
       ``(b) Use of Interest Only.--The amount of funding to be 
     made available annually to carry out section 5001 shall be 
     the interest produced by the Fund's investment of the 
     $22,500,000 remaining funding authorized for the Prince 
     William Sound Oil Spill Recovery Institute and currently 
     deposited in the Fund and invested by the Secretary of the 
     Treasury in income producing securities along with other 
     funds comprising the Fund.
       ``(c) Use for Section 1012.--Beginning with the eleventh 
     year following the date of enactment of the Coast Guard 
     Authorization Act of 1995, the funding authorized for the 
     Prince William Sound Oil Spill Recovery Institute and 
     deposited in the Fund shall thereafter be made available for 
     purposes of section 1012 in Alaska.''.
       (c) Conforming Amendments.--
       (1) Section 6002(b) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2752(b)) is amended by striking ``5006(b)'' and 
     inserting ``5006''.
       (2) Section 7001(c)(9) the Oil Pollution Act of 1990 (33 
     U.S.C. 2761(c)(9)) is amended by striking the period at the 
     end thereof and inserting ``until the authorization for 
     funding under section 5006(b) expires''.

     SEC. 1103. LIMITED DOUBLE HULL EXEMPTIONS.

       (a) In General.--The double hull construction requirements 
     of section 3703a of title 46, United States Code, do not 
     apply to--
       (1) a vessel equipped with a double hull before August 12, 
     1992; or
       (2) a barge of less than 1,200 gross tons carrying refined 
     petroleum product in bulk as cargo in or adjacent to waters 
     of the Bering Sea, Chukchi Sea, and Arctic Ocean and waters 
     tributary thereto and in the waters of the Aleutian Islands 
     and the Alaskan Peninsula west of 155 degrees west longitude.
       (b) Authority of the Secretary of Transportation.--
       (1) Operation of barges in other waters.--The operation of 
     barges described in subsection (a)(2) outside waters 
     described in that subsection shall be on such conditions as 
     the Secretary of Transportation may require.
       (2) No effect on other authority of the Secretary.--Except 
     as provided in subsection (a), nothing in this section 
     affects the authority of the Secretary of Transportation to 
     regulate the construction, operation, or manning of barges 
     and vessels in accordance with applicable laws and 
     regulations.
       (c) Barge Defined.--For purposes of this section, the term 
     ``barge'' has the meaning given that term in section 2101 of 
     title 46, United States Code.

     SEC. 1104. OIL SPILL RESPONSE VESSELS.

       (a) Description.--Section 2101 of title 46, United States 
     Code, is amended--
       (1) by redesignating paragraph (20a) as (20b); and
       (2) by inserting after paragraph (20) the following new 
     paragraph:
       ``(20a) `oil spill response vessel' means a vessel that is 
     designated in its certificate of inspection as such a vessel, 
     or that is adapted to respond to a discharge of oil or a 
     hazardous material.''.
       (b) Exemption From Liquid Bulk Carriage Requirements.--
     Section 3702 of title 46, United States Code, is amended by 
     adding at the end thereof the following:
       ``(f) This chapter does not apply to an oil spill response 
     vessel if--
       ``(1) the vessel is used only in response-related 
     activities; or
       ``(2) the vessel is--
       ``(A) not more than 500 gross tons;
       ``(B) designated in its certificate of inspection as an oil 
     spill response vessel; and
       ``(C) engaged in response-related activities.''.
       (c) Manning.--Section 8104(p) of title 46, United States 
     Code, is amended to read as follows:
       ``(p) The Secretary may prescribe the watchstanding and 
     work hours requirements for an oil spill response vessel.''.
       (d) Minimum Number of Licensed Individuals.--Section 
     8301(e) of title 46, United States Code, is amended to read 
     as follows:
       ``(e) The Secretary may prescribe the minimum number of 
     licensed individuals for an oil spill response vessel.''.
       (e) Merchant Mariner Document Requirements.--Section 
     8701(a) of title 46, United States Code, is amended--
       (1) by striking ``and'' after the semicolon at the end of 
     paragraph (7),
       (2) by striking the period at the end of paragraph (8) and 
     inserting a semicolon and ``and''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(9) the Secretary may prescribe the individuals required 
     to hold a merchant mariner's document serving onboard an oil 
     spill response vessel.''.
       (f) Exemption From Towing Vessel Requirement.--Section 8905 
     of title 46, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(c) Section 8904 of this title does not apply to an oil 
     spill response vessel while engaged in oil spill response or 
     training activities.''.
       (g) Inspection Requirement.--Section 3301 of title 46, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(14) oil spill response vessels.''.

     SEC. 1105. SENSE OF THE CONGRESS REGARDING PASSENGERS ABOARD 
                   COMMERCIAL VESSELS.

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

     SEC. 1106. CALIFORNIA CRUISE INDUSTRY REVITALIZATION.

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

     SEC. 1107. LOWER COLUMBIA RIVER MARINE FIRE AND SAFETY 
                   ACTIVITIES.

       The Secretary of Transportation is authorized to expend out 
     of the amounts appropriated for the Coast Guard for fiscal 
     year 1996 not more than $491,000 for lower Columbia River 
     marine, fire, oil, and toxic spill response communications, 
     training, equipment, and program administration activities 
     conducted by the Marine Fire and Safety Association.

     SEC. 1108. OIL POLLUTION RESEARCH TRAINING.

       Section 7001(c)(2)(D) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2761(c)(2)(D)) is amended by striking ``Texas;'' and 
     inserting ``Texas, and the Center for Marine Training and 
     Safety in Galveston, Texas;''.

     SEC. 1109. LIMITATION ON CONSOLIDATION OR RELOCATION OF 
                   HOUSTON AND GALVESTON MARINE SAFETY OFFICES.

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

     SEC. 1110. UNINSPECTED FISH TENDER VESSELS.

       Section 3302 of Title 46, United States Code, is amended in 
     subsection (c)(3)(A) by adding ``(including fishery-related 
     products)'' after the word ``cargo''.

     SEC. 1111. FOREIGN PASSENGER VESSEL USER FEES.

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

     SEC. 1112. COAST GUARD USER FEES.

       (a) Findings.--The Congress finds the following:
       (1) The Secretary of Transportation is authorized under 
     subsection 10401(g) of the Omnibus Budget Reconciliation Act 
     of 1990 (46 U.S.C. 2110(g)) to exempt persons from the 
     requirement to pay Coast Guard inspection user fees if it is 
     in the public interest to do so.
       (2) Publicly-owned ferries serve the public interest by 
     providing necessary, and in many cases, the only available, 
     transportation between locations divided by bodies of water.
       (3) Small passenger vessels serve the public interest by 
     providing vital small business opportunities in virtually 
     every coastal city of the United States and by providing 
     important passenger vessels services.
       (4) During the Coast Guard inspection user fee rulemaking 
     process, small passenger vessel operators informed the Coast 
     Guard that proposed user fees were excessive and would force 
     small passenger operators out of business, leaving many areas 
     without small passenger vessel services required by the 
     public.
       (5) The Secretary of Transportation failed to adequately 
     protect the public interest and failed to follow 
     Congressional intent by establishing Coast Guard inspection 
     user fees for small passenger vessels which exceed the 
     ability of these 

[[Page S 17386]]
     small businesses to pay the fees and by establishing Coast Guard 
     inspection user fees for publicly-owned ferries.
       (b) Limits on User Fees.--Section 10401(g) of the Omnibus 
     Budget Reconciliation Act of 1990 (46 U.S.C. 2110(a)(2)) is 
     amended by adding after ``annually.'' the following: ``The 
     Secretary may not establish a fee or charge under paragraph 
     (1) for inspection or examination of a small passenger vessel 
     under this title that is more than $300 annually for such 
     vessels under 65 feet in length, or more than $600 annually 
     for such vessels 65 feet in length and greater. The Secretary 
     may not establish a fee or charge under paragraph (1) for 
     inspection or examination under this title for any publicly-
     owned ferry.''.

     SEC. 1113. VESSEL FINANCING.

       (a) Documentation Citizen Eligible Mortgagee.--Section 
     31322(a)(1)(D) of title 46, United States Code, is amended--
       (1) by striking ``or'' at the end of clause (v);
       (2) by striking the period at the end of clause (vi) and 
     inserting ``or''; and
       (3) by adding at the end the following:
       ``(vii) a person eligible to own a documented vessel under 
     chapter 121 of this title.''.
       (b) Amendment to Trustee Restrictions.--Section 31328(a) of 
     title 46, United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``or''; and
       (3) by adding at the end the following:
       ``(5) is a person eligible to own a documented vessel under 
     chapter 121 of this title.''.
       (c) Leasing.--Section 12106 of title 46, United States 
     Code, is amended by adding at the end the following:
       ``(e)(1) A certificate of documentation for a vessel may be 
     endorsed with a coastwise endorsement if--
       ``(A) the vessel is eligible for documentation under 
     section 12102;
       ``(B) the person that owns the vessel, a parent entity of 
     that person, or a subsidiary of a parent entity of that 
     person, is engaged in leasing;
       ``(C) the vessel is under a demise charter to a person 
     qualifying as a citizen of the Untied States for engaging in 
     the coastwise trade under section 2 of the Shipping Act, 
     1916;
       ``(D) the demise charter is for--
       ``(i) a period of at least 3 years; or
       ``(ii) a shorter period as may be prescribed by the 
     Secretary; and
       ``(E) the vessel is otherwise qualified under this section 
     to be employed in the coastwise trade.
       ``(2) Upon default by a bareboat charterer of a demise 
     charter required under paragraph (1)(D), the coastwise 
     endorsement of the vessel may, in the sole discretion of the 
     Secretary, be continued after the termination for default of 
     the demise charter for a period not to exceed 6 months on 
     terms and conditions as the Secretary may prescribe.
       ``(3) For purposes of section 2 of the Shipping Act, 1916, 
     and section 12102(a) of this title, a vessel meeting the 
     criteria of subsection is deemed to be owned exclusively by 
     citizens of the United States.''.
       (d) Conforming Amendment.--Section 9(c) of the Shipping 
     Act, 1916, as amended (46 U.S.C. App. 808(c)) is amended by 
     striking ``sections 31322(a)(1)(D)'' and inserting ``sections 
     12106(e), 31322(a)(1)(D),''.

     SEC. 1114. MANNING AND WATCH REQUIREMENTS ON TOWING VESSELS 
                   ON THE GREAT LAKES.

       (a) Section 8104(c) of title 46, United States Code, is 
     amended--
       (1) by striking ``or permitted''; and
       (2) by inserting after ``day'' the following: ``or 
     permitted to work more than 15 hours in any 24-hour period, 
     or more than 36 hours in any 72-hour period''.
       (b) Section 8104(e) of title 46, United States Code, is 
     amended by striking ``subsections (c) and (d)'' and inserting 
     ``subsection (d)''.
       (c) Section 8104(g) of title 46, United States Code, is 
     amended by striking ``(except a vessel to which subsection 
     (c) of this section applies)''.

     SEC. 1115. REPEAL OF GREAT LAKES ENDORSEMENTS.

       (a) Repeal.--Section 12107 of title 46, United States Code, 
     is repealed.
       (b) Conforming Amendments.--
       (1) The analysis at the beginning of chapter 121 of title 
     46, United States Code, is amended by striking the item 
     relating to section 12107.
       (2) Section 12101(b)(3) of title 46, United States Code, is 
     repealed.
       (3) Section 4370(a) of the Revised Statutes of the United 
     States (46 App. U.S.C. 316(a)) is amended by striking ``or 
     12107''.
       (4) Section 2793 of the Revised Statutes of the United 
     States (46 App. U.S.C. 111, 123) is amended--
       (A) by striking ``coastwise, Great Lakes endorsement'' and 
     all that follows through ``foreign ports,'' and inserting 
     ``registry endorsement, engaged in foreign trade on the Great 
     Lakes or their tributary or connecting waters in trade with 
     Canada,''; and
       (B) by striking ``, as if from or to foreign ports''.
       (5) Section 9302(a)(1) of title 46, United States Code, is 
     amended by striking ``subsections (d) and (e)'' and inserting 
     ``subsections (d), (e) and (f)''.
       (6) Section 9302(e) of title 46, United States Code, is 
     amended by striking ``subsections (a) and (b)'' and inserting 
     ``subsection (a)''.
       (7) Section 9302 of title 46, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(f) A United States vessel operating between ports on the 
     Great Lakes or between ports on the Great Lakes and the St. 
     Lawrence River carrying no cargo obtained from a foreign port 
     outside of the Great Lakes or carrying no cargo bound for a 
     foreign port outside of the Great Lakes, is exempt from the 
     requirements of subsection (a) of this section.''.

     SEC. 1116. RELIEF FROM U.S. DOCUMENTATION REQUIREMENTS.

       (a) In General.--Notwithstanding any other law or any 
     agreement with the United States Government, a vessel 
     described in subsection (b) may be sold to a person that is 
     not a citizen of the United States and transferred to or 
     placed under a foreign registry.
       (b) Vessels Described.--The vessels referred to in 
     subsection (a) are the following:
       (1) RAINBOW HOPE (United States official number 622178).
       (2) IOWA TRADER (United States official number 642934).
       (3) KANSAS TRADER (United States official number 634621).
       (4) MV PLATTE (United States official number number 
     653210).
       (5) SOUTHERN (United States official number 591902).
       (6) ARZEW (United States official number 598727).

  Mr. STEVENS. Mr. President, the Coast Guard Authorization Act of 1995 
(S. 1004) is bipartisan legislation to reauthorize the activities of 
the U.S. Coast Guard for fiscal year 1996.
  On March 15, 1995, the Committee on Commerce, Science, and 
Transportation held a hearing to review the administration's request 
for this bill.
  Senators Pressler, Hollings, Kerry, and Breaux joined me as 
cosponsors of the legislation, which I introduced in June 1995.
  The Commerce Committee reported my bill on July 20, 1995 and filed 
its report on October 19, 1995.
  The manager's amendment I am offering improves on the reported bill 
and adds several new provisions that were requested by the Coast Guard 
or Members of the Senate, or that were included in the House-passed 
Coast Guard bill.
  Senators Pressler, Hollings, Kerry, Snowe, and Hutchison join me as 
cosponsors of the amendment.
  The bill authorizes a total of $3.69 billion for the Coast Guard in 
fiscal 1996, including $2.6 million for operations and maintenance, 
$428 million for acquisition and construction, and $582 million for 
retired pay.
  It authorizes an end-of-year military strength for Coast Guard active 
duty personnel at 38,400 for fiscal year 1996.
  I cannot emphasize enough how important the Coast Guard is in 
protecting the lives of Americans along the coasts.
  On the average day, the Coast Guard will save 14 lives in the United 
States alone, and assist 328 people.
  On the average day, the Coast Guard will save $2.5 million in 
property, and will seize almost 400 pounds of marijuana and cocaine.
  On the average day, the Coast Guard will interdict 176 illegal 
immigrants, and conduct 191 search and rescue missions.
  In 1 year--in Alaska alone--the Coast Guard will save approximately 
200 lives.
  I cannot emphasize enough how much the Coast Guard means to Alaskans 
and to Americans who work out on the ocean or use our waterways for 
recreation.
  I want like to take this opportunity to thank Admiral Kramek, the 
Commandant of the Coast Guard, and to specifically thank the Commander 
of the 17th District, Admiral Ernest Riutta, and all of the Coast Guard 
personnel in Alaska for their dedication to the protection of Alaskans.
  The Coast Guard is an integral part of our coastal communities in 
Alaska, and we are grateful for their presence.
  I also want to note that 2 days ago the President signed the 
Transportation appropriations bill we passed for the next fiscal year, 
so the Coast Guard was only temporarily affected by the current 
government shutdown.
  I am offering a separate amendment (cosponsored by Senators Chafee, 
Snowe, and Breaux) to fix a problem in the Oil Pollution Act of 1990 
[OPA] relating to financial responsibility requirements for offshore 
facilities.
  The section of OPA we are fixing is under the jurisdiction of the 
Environment and Public Works Committee. My summary contains an 
explanation of the changes we are making.
  An amendment Senator Kerry is offering would modify the existing 
coordinates of an Army Corps of Engineers dredging project in Cohasset 
Harbor.
  This provision, too, is under the jurisdiction of the Environment and 
Public Works Committee. 

[[Page S 17387]]

  I further request that my summary of the bill be printed in the 
Record.
  Before I conclude, I want to thank the Commerce Committee staff who 
helped us prepare this legislation: Tom Melius, Jim Sartucci, and 
Trevor McCabe on the majority side and Penny Dalton, Lila Helms and 
Carl Bentzel on the minority side.
  I also want to thank Admiral Kramek and the Coast Guard for their 
help with the bill. We've particularly appreciated the assistance of 
Coast Guard Congressional Liaison personnel: Captain Guy Goodwin (Chief 
of Congressional Affairs), Commander John Jaskot (Senate Liaison 
Officer), and Commander Larry Kiern (Counsel for Congressional 
Affairs).
  I know of no opposition to the bill or amendments we are offering 
today.
  There being no objection, the summary was ordered to be printed in 
the Record; as follows:

                           Summary of S. 1004

       The reported bill authorizes appropriations for the Coast 
     Guard in the amount of 3.69 billion dollars for fiscal year 
     1996. It authorizes end of year military strengths for active 
     duty personnel of 38,400 for fiscal year 1996 and authorizes 
     several personnel management improvements requested by the 
     Coast Guard.
       In the area of marine safety and waterway services 
     management, the bill imposes a new civil penalty for alcohol 
     and dangerous drug testing violations, increases existing 
     civil penalties for documentation, marine casualty reporting, 
     and uninspected vessel manning violations, and enables the 
     Coast Guard to collect foreign passenger vessel inspection 
     user fees.
       The bill renews several advisory committees that provide 
     the Coast Guard with key private sector input, authorizes the 
     electronic filing of certain vessel commercial instruments, 
     and establishes a new regulatory system for oil spill 
     response vessels. It amends certain document endorsement and 
     towing vessel manning requirements to improve the 
     competitiveness of Great Lakes vessels.
       The bill improves the management of the Coast Guard 
     Auxiliary, a 36,000 member volunteer organization that 
     provides the Coast Guard with low-cost assistance with its 
     boating safety mission. It defines the status of and provides 
     protection for Auxiliary members while performing official 
     Coast Guard duties. It also improves their ability to 
     cooperate with State authorities and obtain excess Coast 
     Guard resources.
       The bill improves recreational boating safety by 
     restructuring the process for providing states with 
     recreational boating safety grants, stimulating non-
     trailerable vessel facility construction, requiring young 
     children to wear a Coast Guard approved personal flotation 
     device under certain circumstances, and requiring a plan to 
     increase the reporting of vessel accidents.
       A key provision of the bill reduces the regulatory burden 
     on U.S. commercial vessel operators by shifting away from 
     excessive U.S. vessel standards towards accepted 
     international standards. This title also authorizes the use 
     of third party and self inspection programs as alternatives 
     to Coast Guard inspections and extends U.S. vessel inspection 
     intervals. These changes are supported by the Coast Guard, 
     and will enable Coast Guard inspectors to focus more on the 
     problem of substandard foreign vessels calling on U.S. ports. 
     The bill also includes numerous technical changes to 
     authorize the establishment of alternate international vessel 
     measurement system requirements for existing statutes that 
     contain U.S. vessel measurement thresholds. These alternate 
     tonnages will enable U.S. vessel designers and operators to 
     be competitive in the international vessel market.
       The bill strengthens statutes intended to reduce pollution 
     from ships, establishes a Marine Debris Coordinating 
     Committee to improve the effectiveness of marine pollution 
     statutes, and continues and improves an existing pollution 
     prevention public outreach program.
       The bill includes a number of provisions to strengthen the 
     Coast Guard's authority to combat drug smuggling by sea and 
     air, and to protect Coast Guard personnel during boardings at 
     sea.
       The bill provides for the conveyances of several pieces of 
     Coast Guard property which the Coast Guard no longer needs, 
     as well as several miscellaneous provisions.


                      Summary of Stevens Amendment

       The amendment makes a number of technical corrections to 
     the bill. Among its substantive provisions, the amendment: 
     (1) enhances the federal government's ability to collect 
     fines and penalties from owners and operators of foreign 
     vessels that call on U.S. ports; (2) authorizes the 
     conveyance of unneeded National Defense Reserve Fleet 
     equipment to museum ships; (3) provides new authority for the 
     Coast Guard, similar to the authority that has been included 
     in the Defense authorization bill for other branches, to 
     obtain family housing units, unaccompanied housing units and 
     support facilities; (4) authorizes the Coast Guard to 
     exchange its dock and facilities in downtown Juneau, Alaska 
     for other property it determines suitable; (5) establishes a 
     nonjudicial alternative to Federal court action for marine 
     lenders in cases of vessel defaults; (6) authorizes the use 
     of Canadian oil spill response and recovery vessels in the 
     U.S. waters adjacent to Canada at the Maine border in 
     emergencies when no suitable U.S. vessels are available; (7) 
     facilitates the sale by courts of recreational vessels to 
     non-U.S. citizens; (8) improves the Coast Guard's authority 
     to sell recyclable material; (9) authorizes waivers to the 
     Jones Act for several vessels; and (10) authorizes an 
     experimental vessel inspection program in the State of 
     Minnesota.
       The amendment also makes certain changes to section 1113 of 
     the reported bill to ensure that the section is not used to 
     circumvent U.S. coastwise laws. The purpose of the section is 
     to eliminate technical impediments to certain financing 
     techniques for vessels in the domestic trade.
       Section 1113 adds a new subsection (``(e)'') to section 
     12106 of title 46, United States Code, to permit coastwise 
     endorsements for vessels owned by non-U.S. citizens where: 1) 
     the owner is primarily engaged in the financing of the 
     vessel; and 2) where the owner has transferred, through a 
     bona fide demise charter of at least three years, full 
     possession, control and command of the vessel to a person 
     qualifying as a citizen of the United States, so that the 
     demise charterer is considered the owner pro hac vice during 
     the charter term. The amendment ensures that the demise 
     charter is bona fide by requiring a certification that no 
     other agreements, arrangements or understandings (other than 
     the demise charter) exist between the owner and charterer, 
     and a requirement that the charter hire not be significantly 
     greater than that prevailing in the commercial market. The 
     latter requirement is intended to ensure that the ``owner'' 
     under the demise charter is a bona fide lessor.
       The Secretary of Transportation establish the necessary 
     regulations to administer the new subsection, including 
     providing for the filing of demise charters and amendments to 
     such demise charters for vessels issued coastwise 
     endorsements under the new subsection, as part of the vessel 
     documentation procedures administered by the Coast Guard, or 
     its successor. Provisions will also be made so that 
     interested persons can register their concerns with respect 
     to any lease finance transaction which may not be bona fide. 
     Section 1113 prohibits vessels which receive documentation or 
     a coastwise endorsement under the new subsection 12106(e) 
     from receiving a fishery endorsement under section 12108 of 
     title 46, United States Code.


                  Summary of Stevens/Chafee Amendment

       Section 1016 of the Oil Pollution Act of 1990 (OPA) 
     requires a ``responsible party with respect to an offshore 
     facility'' to ``establish and maintain evidence of financial 
     responsibility in the amount of $150,000,000.'' ``Offshore 
     facility'' is defined in OPA as ``any facility of any kind 
     located in, on, or under the navigable waters of the United 
     States,'' and ``facility'' under OPA is defined to include 
     even motor vehicles. Further, the definition of ``navigable 
     waters'' under the Clean Water Act is quite broad, 
     encompassing wetlands and other areas. The Minerals 
     Management Service (MMS) has concluded that it cannot issue 
     regulations for this section of OPA because the $150 million 
     financial responsibility requirement would apply too broadly, 
     and the statute does not provide the agency with flexibility.
       The amendment limits the application of the financial 
     responsibility requirement to responsible parties with 
     respect to offshore facilities that are: 1) seaward of the 
     line of ordinary low water (i.e. seaward of the line of low 
     tide and actually in the ocean, including inland bays and 
     estuaries); 2) used for exploring for, drilling for, or 
     producing oil, or for transporting oil from facilities 
     engaged in exploration, drilling, or production; and 3) that 
     have a worst case discharge potential of 1,000 barrels of oil 
     or more. This narrows the broad meaning of section 1016 to 
     include only the offshore facilities Congress intended in 
     1990. The President would have the discretionary authority to 
     require evidence of financial responsibility for offshore 
     facilities with a worst case discharge of less than 1,000 
     barrels if the facility poses risks necessary to justify such 
     evidence.
       In addition, the language lowers the amount of financial 
     responsibility for responsible parties with respect to 
     offshore facilities from $150 million down to $35 million for 
     facilities outside of three miles, and to $10 million for 
     facilities inside the State three-mile limits. The provision 
     allows the President to increase the amount (back up to $150 
     million) if the facility is determined to pose a risk 
     requiring a higher amount, based on a risk assessment of a 
     number of variables. If a State has financial responsibility 
     requirements that are equal to or greater than the federal 
     requirements, the federal requirements will not apply. This 
     will help to eliminate duplicative reporting requirements for 
     responsible parties in demonstrating evidence of financial 
     responsibility for offshore facilities.
       The amendment eliminates the problem under OPA as passed 
     which would require even small and low-risk offshore 
     facilities to have evidence of $150 million in oil spill 
     liability coverage. The amendment will further prevent 
     responsible parties with respect to marinas and other 
     facilities which are not involved in exploration, drilling or 
     the production of oil from having to satisfy financial 
     responsibility requirements intended to apply to traditional 
     offshore facilities engaged in these activities. Nothing in 
     the provision affects the liability of responsible parties 
     for oil spills under OPA, just the amount 

[[Page S 17388]]
     of financial responsibility they must show with respect to offshore 
     facilities.
  Mr. PRESSLER. Mr. President, I am pleased that today the Senate is 
considering S. 1004, the Coast Guard Authorization Act of 1995, along 
with a manager's amendment to the bill.
  The Coast Guard has broad ranging responsibilities--from enforcing 
America's maritime laws to ensuring the safety of recreational boaters.
  Like other Federal agencies, the Coast Guard faces the challenge of 
continuing to provide better government at less cost. It is clear the 
American taxpayers are demanding a smaller, more accountable federal 
government. At the same time, the demand for certain government 
services, including those provided by the Coast Guard, continues to be 
great. The Commandant of the Coast Guard, Adm. Robert E. Kramek, 
recently announced his national plan for streamlining the Coast Guard, 
which will save, on a cumulative basis, nearly $1 billion by the year 
2005 and make available over $1 billion in property for other uses. 
Despite cuts of this magnitude, the Coast Guard will continue to 
perform all its current missions. I am pleased the Coast Guard is 
making a serious effort to improve it's efficiency while maintaining 
its effectiveness.
  The bill before us authorizes appropriations for the Coast Guard for 
fiscal year 1996 and authorizes several management improvements 
requested by the Coast Guard. Many members on both sides of the aisle 
have expressed interest in this bill and we have addressed their 
requests as best we could. The bill and amendment have broad bipartisan 
support.
  Mr. President, I would now like to make special mention of certain 
portions of the bill and amendment.
  The bill improves the management of the Coast Guard Auxiliary, a 
36,000 member volunteer organization that provides the Coast Guard with 
low-cost assistance with its boating safety mission. The bill also 
improves recreational boating safety by restructuring the process for 
providing States with recreational boating safety grants and 
stimulating nontrailerable vessel facility construction. These 
provisions will help ensure the safety of recreational boaters 
throughout the Nation, including places like Lewis and Clark Lake in my 
home State of South Dakota.
  Mr. President, I believe the Coast Guard is up to the challenge of 
maintaining its status as the world's premier maritime organization 
despite the intense budget pressure. It is my belief this authorization 
bill provides the Coast Guard with the support it needs to meet that 
challenge.
  Let me take this opportunity to thank the very capable Senator 
Stevens, who is Chairman of our Oceans and Fisheries Subcommittee, for 
his leadership in developing this bill and amendment.
  I would also like to recognize Senator Hollings, the ranking 
Democratic member on the full committee for his bipartisanship 
throughout this process.
  And finally, I wish to thank my colleagues for their contributions 
and support and I urge the adoption of the manager's amendment and 
passage of S. 1004.
  Mr. HOLLINGS. Mr. President, in recent weeks there have been numerous 
battles on the Senate floor over efforts to take a budgetary meat ax to 
the Federal Government, eliminating agencies and slashing funding. 
Today, I am pleased to join with my Commerce Committee colleagues in 
supporting legislation to authorize the activities of one Federal 
agency, the U.S. Coast Guard, which has been spared by the budget 
hackers. The reason for this success is simple--there is bipartisan 
recognition that the Coast Guard has an important job and does it well. 
Indeed, the widespread support for the Coast Guard budget reflects the 
breadth and complexity of its missions--from protecting our maritime 
boundaries and the safety of life at sea to preserving the ocean 
environment and enforcing maritime laws and treaties. On an average day 
in 1994, the Coast Guard saved 14 lives, assisted 328 people, responded 
to 34 oil or hazardous chemical spills, inspected 64 commercial 
vessels, seized 379 pounds of illegal drugs, serviced 150 aids to 
navigation, and interdicted 174 illegal aliens.
  Over the years, we have continued to ask the Coast Guard to do more 
with less. In typical fashion, the Coast Guard has responded with a 
streamlining plan that will trim $400 million from the budget by 1998 
and allow personnel reductions of 4,000 people. As an example of the 
pragmatic approach the Coast Guard has taken in this plan, next summer 
we will welcome the Coast Guard high endurance cutters, Dallas and 
Gallatin, to their new homeport at the Charleston Navy Base. By 
relocating Coast Guard assets from expensive locales like Governors 
Island to areas where the quality of life is high and the cost of 
living is reasonable, everyone benefits. Coast Guard is better able to 
meet both its budgetary bottom line and its personnel needs.
  Today, the Senate is considering S. 1004, the Coast Guard 
Authorization Act of 1995. The bill authorizes a Coast Guard budget of 
$3.7 billion in fiscal year 1996, covering six appropriations accounts: 
First, operating expenses; second, acquisition, construction, and 
improvement of equipment and facilities; third, research and 
development; fourth, retired pay; fifth, alteration and removal of 
bridges; and sixth, environmental compliance and restoration. The 
authorization levels are consistent with the administration's budget 
request for fiscal year 1996.
  S. 1004 also provides for end-of-year military strength and training 
loads and addresses a backlog of Coast Guard-related administrative and 
policy issues. Among such issues, the bill provides for: Personnel 
administrative reforms requested by the administration, marine safety 
and waterways management improvements, updated authority for the Coast 
Guard Auxiliary, funding for State recreational boating safety grants, 
regulatory reforms for the U.S. maritime industry, tougher controls to 
reduce marine plastic pollution, and law enforcement enhancements to 
reduce drug smuggling and money laundering. At this point, I would like 
to highlight some key provisions of the legislation.


                         alteration of bridges

  Under the Truman-Hobbs Bridge Act, the Federal Government shares with 
the States the cost of altering publicly owned bridges that obstruct 
the free movement of marine traffic. The administration requested no 
funding for this account in fiscal year 1995, initiating a new policy 
under which the Coast Guard no longer will seek direct funding for 
alteration of highway bridges. Instead, the administration proposes 
that the Federal share of such projects be financed from the 
discretionary bridge program funds of the Federal Highway 
Administration, under the continuing program direction of the Coast 
Guard. This new policy would not apply to railroad bridges. S. 1004 
provides the Secretary of Transportation--Secretary--with the 
discretionary authority to implement the administration policy.


                          Boat Safety Account

  Similar to legislation approved by the committee last Congress, S. 
1004 would ensure that States receive financial assistance for the 
development and implementation of a coordinated national recreational 
boating safety program. The State grants are not funded from general 
revenues, but rather from motorboat fuel tax revenues that are 
deposited in the Boat Safety Account of the Aquatic Resources Trust 
Fund--Wallop-Breaux Fund. The Wallop-Breaux Fund also supports State 
grant programs administered by the Department of the Interior [DOI]. 
Unlike the DOI programs, however, the Coast Guard grant program is 
scored against agency operating expenses and competes directly with 
other Coast Guard missions for funding priority. S. 1004 would continue 
State boating safety grants and allow the budget scoring to be 
patterned after DOI programs under the Wallop-Breaux fund by increasing 
the funding available under the Clean Vessel Act of 1992. Under the 
bill, authorized funding for State boating programs would increase from 
$45 million in fiscal year 1995 to $59 million by fiscal year 1999. S. 
1004 also would improve recreational boating safety by requiring 
children age 6 and younger to wear lifejackets and calling for plans to 
be developed to improve reporting of vessel accidents.


                     coast guard regulatory reform.

  Last year, Coast Guard worked with the maritime industry in 
developing a package of amendments to existing marine safety laws that 
would allow their implementation in a more cost-

[[Page S 17389]]
effective and efficient manner, reduce the regulatory burden on the 
industry, and provide greater flexibility in making safety decisions. 
The amendments contained in the bill before us today specifically 
would: Implement the International Safety Management Code for U.S. 
vessels engaged in foreign commerce; allow qualified third parties such 
as the American Bureau of Shipping to conduct vessel safety 
inspections; allow greater use of foreign manufactured safety 
equipment; and extend the validity of Coast Guard certificates of 
inspection from 2 to 5 years, allowing earlier scheduling of annual 
inspections. The changes will help U.S.-flag vessels to become more 
competitive in international trade and reflect the Cost Guard's 
commitment to harmonize U.S. regulations with international 
requirements.


                         population from ships

  S. 1004 also includes a provision developed in cooperation with 
Senator Lautenberg that would amend the act to prevent pollution from 
ships [APPS] to strengthen requirements that ports maintain reception 
facilities to off load plastic wastes generated by vessels at sea. The 
bill calls for the Secretary to inspect and maintain a list of such 
facilities and for port operators to post placards encouraging 
reporting of any inadequacies. S. 1004 also amends the Marine Plastic 
Pollution Research and Control Act to: Continue the Secretary's 
biannual reporting to Congress on compliance with APPS; add a 
requirement to publish an annual list of APPS violators; establish a 
Marine Debris Coordinating Committee; and continue and expand the 
Federal Public Outreach Program to include the use of grants.


                      law enforcement enhancement

  In 1970, Secretary of the Treasury Alexander Hamilton ordered the 
construction of revenue cutters to stop smuggling and enforce tariffs. 
Today, the Coast Guard continues that mission, facing and increasingly 
sophisticated threat from illegal drug smugglers. Proving new authority 
to deal with an old problem, S. 1004 contains administration-requested 
measures to enhance law enforcement. These measures establish 
sanctions--including seizure and forefeiture--for failure to land an 
aircraft at the order of a Federal officer enforcing drug or money-
laundering laws, and for obstructing boarding of a vessel by a Federal 
law enforcement officer. These measurers provide for Federal Aviation 
Administration [FAA] revocation of aircraft or airman certificates for 
such a violation, establish Coast Guard and Customs Service air 
interdiction authority, and set civil penalties of $15,000 for 
violations of that authority. In addition, the managers' amendment 
would revise these provisions to require that FAA establish conditions, 
based on observed conduct or prior information, for ordering a plan to 
land. These provisions are not intended to restrict or affect in any 
way the Federal Government's current broad authority to conduct boarder 
searches. I am optimistic that the bill strikes an appropriate balance 
with the need to assure innocent citizens that they will not be forced 
to land.


                        cruise ship tort reform

  Before closing, Mr. President, there is one matter I would like to 
address regarding the House-passed Coast Guard authorization bill. The 
House bill, H.R. 1361, contains tort reform proposals regarding foreign 
cruiseline companies. The provisions, which I strongly oppose, would 
alter U.S. tort law in three significant areas: First, medical 
malpractice claims by passengers on U.S. cruiselines; second, emotional 
distress claims by U.S. passengers; and third, physical injury suits by 
foreign cruise ship employees.
  First, in medical malpractice suits against foreign cruise shiplines 
brought by American passengers, the legislation would permit the 
cruiselines arbitrarily to select the State law that governs the 
action. This right of selection would apply regardless of the State 
where the plaintiff resides, or where the suit is brought. The 
legislation would, for the first time under American tort law, permit 
the law of one State to govern actions in another State, merely at the 
self-interested discretion of foreign companies.

  Second, with respect to limitations on pain and suffering damages, 
the legislation would allow foreign companies to use the fine print of 
ticket sales to absolve themselves of liability for pain and suffering 
damages. Foreign cruiselines would be permitted to limit their 
liability for such damages to cases involving substantial physical 
injury. The legislation would allow the companies to use the fine print 
on tickets to determine what constitutes a substantial physical injury. 
This is unfair, particularly considering that most passengers often are 
unaware of such limitations when purchasing tickets.
  Third, the House-passed bill would ban suits in U.S. courts by 
foreign cruise ship workers for injuries or death, if the employee 
purportedly is part of a collective-bargaining agreement providing for 
a dispute forum, or redress is available in their home countries. The 
provision would be applicable even if there is evidence that such 
cruiselines substantially use U.S. ports and resources or transport 
U.S. passengers. I am concerned that this provision will permit foreign 
cruiselines to exploit foreign employees, who often have no adequate 
redress available in their country of origin. The provision also will 
encourage the hiring of foreign workers as cheap and exploitable labor, 
at the expense of U.S. workers.
  Mr. President, I am pleased that the bill we are considering today 
does not include these questionable provisions. They have not had the 
benefit of hearings or other close scrutiny by the Senate Commerce 
Committee and are inappropriate for inclusion within a bill to 
authorize appropriations for the U.S. Coast Guard.
  Over the past two centuries, the U.S. Coast Guard has built an 
enduring reputation throughout the world for its maritime safety, 
environmental protection, humanitarian, and lifesaving efforts. We have 
all watched the valiant and often heroic work of Coast Guard seamen and 
officers as they rescue desperate refugees who have taken to the seas 
in crowded and makeshift boats. Even in the remote regions of the 
world, the Coast Guard is present, actively engaged in the enforcement 
of United Nations' embargoes against countries like the former Republic 
of Yugoslavia and Iraq. The men and women of the Coast Guard respond 
with equal dedication during times of war and peace. I ask my 
colleagues to recognize this service by joining me in supporting S. 
1004.
  Mr. KERRY: Mr. President, I am pleased to join my distinguished 
colleagues, Senators Stevens, Hollings, Pressler, and Breaux in 
cosponsoring the bill before us today to authorize the programs and 
activities of the U.S. Coast Guard for fiscal year 1996.
  In this time of draconian budget cuts and dramatic changes in our 
society and our Government, it is unusual to find an agency which 
everyone agrees is a good investment. But that is true of the U.S. 
Coast Guard.
  Mr. President, Massachusetts with its hundreds of miles of coastline, 
unforgiving storms, active maritime and fishing industries, and 
thriving recreational boating population, needs the Coast Guard at full 
strength. So does the rest of the nation.
  The Coast Guard is essential to the safety and well-being of citizens 
in every coastal State and in every State with navigable waters. Today, 
over 50 percent of the U.S. population lives within coastal areas and 
directly benefits from the services the Coast Guard provides.
  But, indirectly, the Coast Guard, in the performance of its mission, 
protects every American. In fact, more than two-thirds of the total 
budget for the Coast Guard goes to operating expenses to protect public 
safety and the marine environment, to enforce fishery and other laws 
and treaties, maintain aids to navigation, prevent illegal drug 
trafficking and illegal immigration, and preserve defense readiness.
  The Coast Guard is the oldest continuous seagoing service. As a 
military service it has fought in almost every war since the 
Constitution became the law of the land in 1789, and it has performed 
its myriad of peacetime missions during the intervening years. It has 
proven that it is a multi-mission service flexible enough to adjust to 
the needs of the nation in peacetime as well as wartime.
  Since its origins as the Revenue Cutter Service, enforcing tariff 
laws of the young nation for Treasury Secretary Alexander Hamilton the 
Coast Guard has expanded its missions to include saving lives, 
enforcing U.S. laws and treaties, ensuring maritime safety and 

[[Page S 17390]]
defense, maintaining safe navigation and protecting the environment. 
Given this legacy of service and the degree to which Americans depend 
on it for their vital services, I believe it is our responsibility to 
ensure that the Coast Guard has adequate resources for its missions as 
it prepares for the next century. Our actions should ensure that the 
Coast Guard is capable of meeting its existing mandates and recognize 
the Coast Guard's ever-expanding role and missions in our coastal 
waters and beyond.
  The Commonwealth of Massachusetts has a long and storied involvement 
with the sea and the Coast Guard. One of Alexander Hamilton's ten 
original revenue cutters was built in the City of Newburyport and was 
named the Massachusetts. The successors of the Massachusetts--today's 
Coast Guard cutters--are stationed in the ports of Boston, Gloucester, 
Woods Hole and New Bedford. The first lighthouse built in the United 
States was Boston Light in 1716. Today, Boston Light stands as the only 
manned lighthouse still in operation in the United States. The people 
of Massachusetts love the ocean. Over 145,000 recreational boats are 
registered in Massachusetts. Many rely on the sea for their livelihood. 
The men and women of the Coast Guard keep watch over the fishing 
fleets, the maritime industry, and recreational boaters. While 
Massachusetts has a long and close relationship with the Coast Guard, 
many other States can demonstrate similar ties.
  We all know that the Coast Guard's mission does not end at our shore. 
It protects our interests throughout the world in times of war and 
peace. From supporting U.S. peacekeepers in Haiti, to responding to oil 
spills in the Persian Gulf, to supporting drug interdiction efforts in 
South and Central America the Coast Guard has been there.
  Its work has been exemplary, but it seems that we continually ask the 
Coast Guard to do more with less and have been doing this for a long 
time. The Coast Guard is now in the process of a 4-year downsizing and 
streamlining which ultimately will reduce the service by 4,000 people 
and $400 million--a 12 percent reduction. We must eventually 
acknowledge the finite limitations on Coast Guard capabilities and 
resources and I am concerned about some of the choices it will be 
forced to make.
  The bill before us today assists the Coast Guard in facing these 
dilemmas, allowing it to do its job more effectively and efficiently. 
I'll describe some of the ways it will do this.
  The bill includes provisions that would ensure continued funding for 
state boating safety grants by changing the funding mechanisms--
expanding the existing boating safety grant program that was 
established by the Clean Vessel Act of 1992 and ensuring access to 
funds from the Boat Safety Account of the Aquatic Resources Trust Fund, 
or the Wallop Breaux fund as it is known.
  Long awaited by the maritime industry, the Coast Guard regulatory 
reform provisions of the bill will eliminate unnecessary and burdensome 
regulations on American shipping companies in order to make them more 
competitive in the world market. These reforms will save precious 
resources while also removing an unnecessary burden from a struggling 
industry.
  The bill enhances protection of the ocean and coastal environment by 
amending the act to prevent pollution from ships, strengthening Coast 
Guard capability to enforce regulations to minimize pollution from 
plastics. It includes provisions to ensure that adequate waste 
reception facilities for plastics are available at ports and terminals 
and to encourage development and implementation of public education 
programs about the harm of plastics in the environment.
  To increase the weapons in our arsenal for the war on drugs, the bill 
adds new authority for federal law enforcement officials by providing 
sanctions for aircraft and vessel operators suspected of smuggling 
drugs or laundering money, who intentionally disobey the orders of a 
Federal law enforcement officer to land or halt their aircraft or 
vessel. These operators will face criminal and civil penalties of 
imprisonment of up to a year, fines up to $15,000, seizure of the 
aircraft or vessel and forfeiture of the aircraft's registration.
  The bill instructs the Coast Guard to develop a plan for making the 
transition from the current ground-based radionavigation system [LORAN-
C] to a satellite-based technology--global positioning system or GPS--
after it is determined that GPS is ready to serve as the sole means of 
safe and efficient navigation. The plan must take into consideration 
the need to ensure that LORAN-C technology purchased by the public 
before the year 2000 has a useful economic life.
  As part of the response to the Exxon Valdez oil spill, the Oil 
Pollution Act of 1990 (or OPA 90), required that offshore facilities 
demonstrate the ability to pay certain costs of oil cleanup and damages 
up to $150 million that could result from an oil spill. The Minerals 
Management Service of the Department of the Interior recently 
determined that the present language of the law extends the financial 
responsibility requirement over an unnecessarily large group of 
facilities that includes traditional inshore facilities such as marinas 
and oil terminals, some of which may be located far inland. There 
appears to be consensus that the intent of the law was to require 
demonstration of financial responsibility for offshore drilling rigs 
and production platforms, not inshore facilities. Applying these same 
financial requirements to the thousands of inshore facilities in 
Massachusetts and throughout the country which pose a much smaller oil 
spill risk, would impose potentially severe financial burdens. 
Therefore, amendment to the bill will be offered to clarify the 
statutory requirements for financial responsibility as they apply to 
facilities traditionally located in inshore areas and facilities 
traditionally located in offshore areas. The bill also amends the 
financial responsibility requirements so that responsibility is 
proportional to the oil spill risk posed by the facility. Although I 
generally do not support letting potential oil polluters off the hook 
financially, these provisions allow us to maintain protection of the 
marine environment and prevent requiring unreasonable levels of 
financial responsibility requirements for facilities that do not pose a 
substantial risk of a oil spill risk.
  I would also like to mention another and highly controversial 
provision relating to OPA that is contained in the House-passed Coast 
Guard authorization bill but which has been omitted--properly--from the 
Senate bill. The House provision would eliminate ``direct action'' 
authority which has been in U.S. law since 1970 relating to clean-ups 
and damage claims from oil spills. ``Direct action'' entitles a 
claimant to proceed directly against the responsible party's financial 
responsibility provider, usually an insurer, in order to obtain 
compensation for loss associated with a pollution incident.
  Direct action enhances prompt payment by a spiller by assuring that 
governments and other claimants do not get caught in the middle of 
arguments concerning reasons why insurers do not have to pay those they 
insure. Direct action in connection with oil spill liability is not an 
OPA creation. Direct action is a key component of the ``polluter pays'' 
mandate of Congress which makes potential spillers act more responsibly 
and has been an underpinning of oil pollution financial responsibility 
laws, both national and international, for 25 years.
  The oil industry has voiced a concern that no insurer will provide 
insurance guarantees under the OPA regime, with its direct action 
component. Apparently some insurers fear they will be exposed to 
unlimited liability because the courts will circumvent OPA's explicit 
provisions limiting a guarantor's liability. I believe this fear is 
without practical basis, however, because insurers currently provide 
direct action guarantees for facilities located on the outer 
continental shelf under a regime that is almost identical to that 
established under OPA. Furthermore, I am deeply concerned about the 
precedent that rolling back the direct action provisions applying to 
offshore facilities will have. I believe that these provisions would 
undermine an important tenet in marine environmental protection, and I 
therefore strongly oppose their inclusion in the final legislation.
  Given the fiscal constraints being imposed on the Coast Guard as the 
Congress moves to balance the federal 

[[Page S 17391]]
budget, the service's efforts to downsize and streamline have 
been demonstrated admirable seriousness. In general, I support the 
Coast Guard's goals of streamlining and consolidating operations where 
possible. I applaud its recently announced plans to streamline without 
closing or consolidating any frontline operating units while reducing 
personnel slots by 1,000 and overhead expenses by $100 million. 
However, I am very concerned by the administration's budget proposal to 
close 23 Coast Guard small boat stations as a cost-cutting effort to 
save $6 million.

  I have looked closely at the criteria used by the Coast Guard to 
develop the closure and station modification lists and was surprised to 
find absent from the criteria any consideration of local and regional 
factors, including water temperature and unusual tidal or current 
conditions. The Coast Guard uses a one size fits all approach to 
determining response time for their small boat stations. I do not 
believe this is appropriate because severe weather and ocean patterns 
in some regions can slow down the average response time and colder 
water temperatures necessitate a quicker response to prevent death and 
serious physical injury.
  Alexander Hamilton, the Secretary of the Treasury and Coast Guard 
founding father, was the first to acknowledge such differences when he 
allowed additional funding in 1789 for the construction of two larger 
revenue cutters in order to handle the harsh winters off the New 
England coast. These conditions have not changed and still require that 
special local and regional needs be addressed in any Coast Guard 
decision process. This is not a parochial Massachusetts issue. Similar 
conditions exist in throughout the country--in the Great Lakes and the 
Northwest Pacific.
  The Coast Guard criteria also appear to exclude consideration of 
vital Coast Guard missions besides search and rescue--including marine 
environmental protection, boating safety, and enforcement of drug, 
illegal alien, and fisheries laws. In the consideration of whether or 
not to close a station, I believe all the services provided by the 
station should be taken into account.
  When, after consideration, the Coast Guard concludes a station should 
be closed, it must take steps to ensure that necessary services will 
continue to be available in the station's area.
  The provisions in the bill establish a more detailed and public 
process that addresses these issues and those voiced by the Senate 
Appropriations Subcommittee on Transportation and Infrastructure and 
set forth in the conference report on the Transportation appropriations 
bill.
  The conference committee in resolving the differences between the 
House and Senate versions of the Transportation appropriations bill 
voted to preclude the Coast Guard from closing any small boat stations 
during Fiscal year 1996. The authorization bill incorporates the 
appropriators' prohibition against closure of any small boat stations 
in fiscal year 1996 and sets forth more detailed criteria for making 
such decisions in subsequent years. Such criteria would include unique 
weather conditions as I have noted, a station's deterrent effect on 
crime, and its role in protecting life, property, the environment, 
public safety or national security. Coastal communities most impacted 
by the closure of a station will be able to submit comments on their 
concerns before that final decision is made.
  While we take these steps to increase the probability that 
significant damage will not result from station closures, I realize 
that the process may make station closures more cumbersome, 
consequently, the bill allows the Secretary of Transportation to 
implement management efficiencies within the small boat system, such as 
modifying the operational posture of units or reallocating resources as 
necessary to ensure the safety of the maritime public nationwide.
  I believe that this provision gives the Coast Guard the flexibility 
to make the operational changes needed to make for streamlining 
services but ensures that coastal communities and the environment are 
not put at undue risk by closing of a station.
  In closing, I also want to express my concerns about three highly 
controversial provisions relating to foreign cruise ship liability that 
are contained in the House version of the Coast Guard authorization 
bill. No hearings have been held in either house on this matter, and 
the issue of the liability of foreign-flag cruise vessels is not 
germane to the legislation before us. I am pleased none of these 
provisions has been included in the Senate bill.
  The House provisions in question appear solely to benefit the 
foreign-flag cruise line industry. If enacted, they would jeopardize 
the health and safety of American passengers traveling on foreign 
cruise ships, and would deal a tremendous blow to the economic well-
being of American workers and American businesses which are in 
competition for American tourist dollars with the foreign-flag cruise 
line industry.
  The first provision would allow foreign cruise ship owners to use the 
fine print on the back of tickets to deny liability for emotional 
distress claims brought by passengers, unless the passengers also 
suffered substantial physical injuries. A number of women's groups and 
organizations across the country, including the Women's Legal Defense 
Fund, the Women's Law Center, and the NOW Legal Defense Fund, have 
expressed strong opposition to this provision. They are rightfully 
concerned that it could make it more difficult for victims of rape on 
foreign-flag cruise vessels, who suffer tremendous emotional scars but 
sometimes only minor physical injuries, to bring civil lawsuits against 
the cruise lines that bear responsibility for their trauma. I am in 
agreement with their concern and would strongly oppose inclusion of 
this provision as drafted by the House in the final bill.

  The second provision would allow foreign cruise vessel owners to take 
advantage of any statutory limitation on liability for medical 
malpractice available to any doctor or medical facility wherever a 
foreign cruise ship passenger is taken ashore for treatment. This 
language should send chills through anyone who is thinking about taking 
a cruise. A very broad measure, it all but sets the stage for U.S. 
citizens to lose their right to sue for medical malpractice if they are 
taken for medical treatment to a remote foreign island where doctors or 
hospitals are not held accountable for malpractice. I would not want to 
place U.S. citizens in such jeopardy.
  Finally, the most egregious provision relates to foreign seamen's 
rights. This provision would undermine the competitiveness of U.S. 
maritime labor and further disadvantage U.S. businesses that compete 
with the foreign-flag cruise line industry. It would overturn centuries 
of maritime law by taking away the basic right of seamen--without 
regard to nationality--to maintain cases against their cruise line 
employers in U.S. courts for wages and necessary medical care, so long 
as current ``long-arm'' jurisdiction exists. The U.S. Supreme Court, as 
well as our treaties with foreign nations, have long provided that such 
suits are proper if there exists a sufficient ``nexus'' with this 
country, and that such suits are necessary to maintain a competitive 
balance between foreign and U.S. labor, because U.S. seamen have such 
rights. Foreign interests should not be granted a special ``exception'' 
from the established long-arm jurisdiction of the U.S. justice system, 
nor should we be granting foreign-flag vessels additional economic 
advantage over the interests of American workers and businesses. 
American maritime labor is certainly justified in its strong opposition 
to this provision.
  Mr. President, these provisions would directly benefit the narrow 
interests of foreign cruise line owners while threatening the health 
and safety of American passengers. They have no place in the Coast 
Guard authorization legislation, and I will strongly oppose their 
inclusion in the final legislation.
  This bill is the culmination of almost two years of effort, and I 
would like to thank the Chairman of the Subcommittee, Senator Stevens, 
the Chairman of the Commerce Committee, Senator Pressler, and the 
Committee's ranking Democrat, Senator Hollings for their hard work in 
preparing this bipartisan bill and bringing it to the floor.
  I also would like to acknowledge the hard work and long hours 
invested by staff on both sides, including Penny Dalton and Lila Helms 
on the Commerce Committee minority staff and on the majority side, Tom 
Melius, Trevor McCabe, and Jim Sartucci. I 

[[Page S 17392]]
would like to acknowledge the work of Kate English and Carole Grunberg 
of my staff and Steve Metruck, a congressional fellow in my office. I 
urge my colleagues to support this bill.
  Mr. LAUTENBERG. Mr. President, I rise today in support of the Coast 
Guard authorization bill. The Coast Guard plays a critical role in 
protecting lives, property and the environment, and it deserves the 
strong support and admiration of this Congress.
  In addition to funding the mission of the Coast Guard, Mr. President, 
this bill will help keep plastics and other garbage off our beaches by 
improving implementation of the 1987 Marine Plastic Pollution Research 
and Control Act. I have been pursuing these improvements for the last 3 
years and it is gratifying to see those efforts come to fruition in 
this bill.
  Mr. President, our marine waters are an essential national resource. 
They perform important ecological functions by providing habitat, 
nursery grounds and a source for a great diversity of plants, and fish, 
birds and other species. The resources in these waters support 
commercial and recreational fishing, tourism, recreation, and related 
opportunities. They result in annual expenditures of tens of billions 
of dollars and unquantifiable enjoyment for our citizens.
  In New Jersey, the lure of the Shore is a major element of the 
State's $18 billion tourism sector, our second largest revenue-
producing industry. In 1991, 8.8 million people stayed overnight at the 
Shore and an additional 59 million made day trips to New Jersey's 
beaches. Furthermore, 353,000 people serviced these visitors in some 
capacity, making the tourism industry the number one employer in the 
State.
  Mr. President, this critical industry is jeopardized every time a 
person visits the beach and finds it littered with bottles, cans and 
other garbage. And so it is essential that our beaches are kept free 
from waste. I have participated in nationally sponsored beach cleanup 
events in New Jersey, and with other volunteers, have collected the 
trash that washes up on our shores.
  Mr. President, during their 1991 beach cleanup, the Center for Marine 
Conservation found nearly 90,000 pieces of plastic rope, 40,000 plastic 
trash bags, 33,000 plastic gallon jugs, and many other plastic items 
which originate aboard commercial vessels. There is likely to be far 
more ship-generated waste that is not documented because it is 
impossible to determine the origins of most beach trash.
  Furthermore, not all of the plastic that is discharged by vessels 
ever reaches the beach. Often, plastic fishing lines and other 
materials are ingested by marine mammals, which mistake them for food. 
Sometimes marine organisms wash up on the shore entangled in plastic.
  In 1987, I sponsored legislation that prohibited ships from 
discharging plastic and restricted other types of waste discharge into 
the sea. There has been substantial improvement as a result of my 
legislation. More, however, remains to be done.
  The Environmental Protection Agency's 1990 National Water Quality 
Inventory revealed that more than 8,500 square miles of the Nation's 
estuarine waters fail to meet water quality standards. In New Jersey 
alone, 141 square miles of estuarine waters are failing to meet water 
quality standards.
  The Office of Technology Assessment, in a 1987 report, concluded that 
the overall health of our coastal waters is ``declining or 
threatened,'' and that in ``the absence of additional measures, new or 
continued degradation will occur in many estuaries and some coastal 
waters around the country.'' OTA also determined that contamination of 
the marine environment has a wide range of adverse effects on birds and 
manuals, finfish and shellfish, aquatic vegetation and other organisms. 
In addition, OTA concluded that existing programs, even if fully 
implemented, are not adequate to maintain and improve our coastal 
waters.
  Since the Marine Plastic Pollution Research and Control Act was 
passed in 1987, I have worked with the Coast Guard to monitor and 
improve the law's enforcement. As past Chairman of the Transportation 
Appropriations Committee, I saw to it that the Coast Guard received 
more resources to implement this Act than it requested. Yet an 
oversight hearing that I conducted highlighted numerous deficiencies in 
the Coast Guard's enforcement of this Act.
  To address these deficiencies I introduced the Marine Plastic 
Pollution Research and Control Act Amendments of 1993 which has been 
included in the Coast Guard Reauthorization Act of 1995. This addition 
will provide the Coast Guard with additional authority and impose 
stricter requirements on it, all aimed at improving enforcement of 
waste disposal practices aboard vessels and at ports.
  One of the most difficult enforcement problems associated with Annex 
V of the international MARPOL Convention, which the 1987 legislation 
ratified, is determining whether garbage or plastics were dumped at 
sea.
  The MARPOL section of the bill before us today addresses the ocean 
dumping problem by requiring adequate waste reception facilities at all 
ports and terminals. It provides that adequacy can only be determined 
through on-site inspections by the Coast Guard, at which time a 
certificate can be issued. In order to insure that facilities are 
maintained, the certificate must be renewed every 5 years, or sooner if 
there is a transfer of ownership or responsibility for operation.
  At a Transportation Appropriations Subcommittee hearing I chaired 
about 2 years ago on the Coast Guard Budget, I questioned then-Admiral 
Kime about my proposals. Admiral Kime expressed strong support for this 
legislation, indicating that it is badly needed and goes a long way 
toward overcoming problems in inadequate enforcement.
  Mr. President, I encourage my colleagues to support the Coast Guard 
Reauthorization Act of 1995 that supports the Coast Guard and improves 
enforcement of waste disposal practices aboard vessels and at ports. 
This bill takes a significant step toward ensuring that oceangoing 
vessels take responsibility for properly disposing of their waste, 
instead of putting their trash onto our beaches or into the bellies of 
marine life.
  Mr. WELLSTONE. Mr. President, I support this bill. It contains a 
number of improvements in Coast Guard policy, and I commend the 
Committee for its work.
  I appreciate that the managers were able to include in their 
amendment a provision that is important to my state. And I am very 
pleased that the provision is in the bill. The provision will allow the 
State of Minnesota and the Coast Guard to cooperate in conducting a 
pilot project that will allow the State in some cases to undertake the 
safety inspection of small commercial vessels on certain navigable 
waters of the U.S.
  There is no more important mission of the Coast Guard than to protect 
the safety of citizens on U.S. waters. I certainly hope we in Congress 
will not act to diminish that mission or the Coast Guard's ability to 
perform it. I believe the provision which the managers have included to 
allow a pilot project in Minnesota can help demonstrate an innovative 
way under some circumstances to fulfill that mission completely, 
efficiently, cost-effectively and consistent with common sense.
  The provision allows the Secretary of the Department in which the 
Coast Guard is operating to enter into an agreement with the State of 
Minnesota. Under the agreement, the State may inspect small commercial 
passenger vessels 40 feet in length or less operating in some navigable 
waters in Minnesota. Minnesota, through its Department of Labor and 
Industry, already operates a safety inspection program for such boats 
on thousands of non-Federal bodies of water. The State has fully 
demonstrated its competence in this program and its ability to protect 
the public. Indeed the State's program is closely modeled already after 
the Coast Guard's inspection program.
  Under the provision, the State would be required to perform 
inspections that will ensure the safety and operation of the vessels in 
accord with standards that would apply if the Coast Guard itself were 
conducting the inspections. And it would require the State to report 
annually to the Secretary on the inspection program. The provision also 
allows the Secretary to adjust or waive the user fee which Congress has 
required the Coast Guard to collect from owners of inspected vessels 
when the State takes over their inspection. 

[[Page S 17393]]

  It is my hope that the success of this model of limited 
decentralization over the course of a 3-year pilot project can show the 
way for an appropriate sharing of responsibilities between Federal and 
State authorities in this area of public policy. At the same time, the 
provision in no way is meant to allow any erosion or circumvention of 
safety standards in Minnesota or in any other State. There may be other 
areas in the country where it will make sense and be completely 
consistent with the public interest for additional States to undertake 
similar responsibilities. I expect that this pilot project can 
demonstrate that possibility. But this provision itself implies no 
future expansion of the sharing of authority. It certainly should not 
be interpreted to mean that consistent, uniform standards of safety and 
operation on navigable waters are unnecessary. It is necessary to have 
consistent and uniform standards. As the provision makes explicit, all 
vessels will continue to be required to be inspected, and those 
inspections will be in accord with standards that would apply if the 
Coast Guard were conducting the inspections.
  Mr. President, with the Omnibus Budget Reconciliation Act of 1990, 
Congress began to require that the Coast Guard collect fees from owners 
of vessels it inspects to offset the government cost of those 
inspections. That made sense. Unfortunately, however, the fees 
established have seemed very high to many who are being asked to pay 
them, even onerous. That is why I support the cap on such fees which 
this bill establishes for the inspection of small commercial vessels. A 
$300 fee-cap is reasonable for small vessels.
  Additionally, though, the collection of fees revealed a certain 
inefficiency in the current inspection program--a method of operating 
which does not make common sense. There are certain lakes in the 
interior of Minnesota, for example, which are designated navigable 
waters of the U.S. because the Mississippi River, in its formative 
stage, runs through it. One of the lakes most affected by this issue is 
Lake Winnibigoshish. At the Northwest end of Lake Winnibigoshish, where 
the Mississippi River enters the lake, the river is very narrow. I 
believe a number of Senators could very easily swim across it at that 
point. There is a dam at the other end of the lake, where the river 
leaves it, so there is no river traffic or commerce that uses the lake 
for transport.
  Lake Winnibigoshish, incidentally, Mr. President, is a large lake in 
Northern Minnesota. It is located in the beautiful Chippewa National 
Forest, and also on the Leech Lake Indian Reservation. It is an 
excellent lake for catching walleye, our state fish, although some also 
fish there for Northern Pike and even for Muskies. In the winter a 
number of people drag small houses out onto the lake behind their cars 
or snowmobiles, and usually leave them there through the season, so 
they can fish through the ice. I mention these things to give Senators 
a flavor of the area of Minnesota I am discussing. Neither the cars nor 
the fish-houses are subject to Coast Guard authority out on the ice.
  During summer months on Lake Winnibigoshish, to continue that 
example, there are a number of small businesses which operate what the 
federal government considers small commercial passenger vessels. These 
in most cases are resort owners who operate fishing-guide businesses 
that take anglers out on the lake on boats which are generally under 30 
feet long.
  Until last year, Coast Guard inspectors drove once each year from 
Duluth, about 100 miles away, and inspected these boats for free. 
Obviously, that was no problem for the owners. But suddenly last year, 
the Coast Guard informed the boat owners that it would cost $545 or 
$670 per boat for the inspections, depending on the boats' length. This 
would be an annual fee for the inspection of these small boats that are 
used for an open-water fishing season which is effectively only four or 
five months long.
  Now, the resort owners have acknowledged that collection of a fee is 
appropriate. They understand the value and importance of the 
inspections. But they object that the fees now being assessed are 
burdensome and out of line. Some of the resorts reportedly have stopped 
offering their fishing-guide services for groups of more than six 
passengers. The requirement does not apply when there are fewer 
passengers. But this means that they are foregoing business, which is 
not fair and is not convenient for the visitors. Furthermore, it is 
highly irritating to some of the resort owners, who point out that the 
State of Minnesota is conducting equivalent inspections of virtually 
identical boats on neighboring lakes for under $100.
  Mr. President, that is the type of situation that this provision is 
meant to address. We want to protect the public and uphold safety 
standards in every way. The State of Minnesota is fully capable of 
doing that and I am sure will demonstrate so through this pilot 
project. And these small businesses will not suffer unnecessarily 
burdensome fees. It is an example of how we can make appropriate 
regulation work in common-sense fashion by adjusting the current 
cookie-cutter, one-size-fits-all federal approach.
  I point out that it is my understanding that the State of Minnesota 
is not interested in taking over any Coast Guard inspection duties on 
bodies of water such as Lake Superior or the Mississippi, which carry 
substantial interstate commerce. And I repeat that the State will 
inspect only small commercial vessels under 40 feet in length on bodies 
of water agreed upon by the State and by the Secretary.
  I thank the managers for including the provision. And I thank the 
State of Minnesota and the Coast Guard for their cooperation during the 
drafting process. Mr. President, I ask unanimous consent that a letter 
of support for the provision signed by Minnesota's Commissioner of 
Labor and Industry be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                         Minneapolis Department of


                                           Labor and Industry,

                                                 November 8, 1995.
     Hon. Paul Wellstone,
     U.S. Senate,
     Washington, DC.
       Dear Senator Wellstone: I write in support of the Small 
     Passenger Vessel Pilot Inspection program as included in S. 
     1004, the Coast Guard Reauthorization Act of 1995. As 
     Commissioner of the Minnesota Department of Labor and 
     Industry, I oversee the state boat inspection program. I look 
     forward to working with the United States Coast Guard to 
     expand on the efficiency of the state boat inspection safety 
     program in order to better meet the needs of the citizens of 
     Minnesota.
       Thank you for your efforts in developing this pilot 
     project.
           Yours truly,
                                                  Gary W. Bastian,
                                                     Commissioner.


                           Amendment No. 3058

(Purpose: To make technical minor changes in the bill as reported, and 
                          for other purposes)

  Mr. LOTT. Mr. President, I send an amendment to the desk on behalf of 
Senator Stevens.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Mississippi [Mr. Lott], for Mr. Stevens, 
     for himself, Mr. Pressler, Mr. Hollings, Mr. Kerry, Ms. 
     Snowe, Mrs. Hutchison, and Mr. Breaux proposes an amendment 
     numbered 3058.

  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Ms. SNOWE. Mr. President, I rise as a cosponsor of the Stevens 
manager's amendment, and I urge my colleagues to support this 
amendment, along with the Chafee amendment and the underlying bill, S. 
1004.
  S. 1004 renews the authorization for the U.S. Coast Guard--an agency 
of special importance to a State like Maine which has over 3,000 miles 
of coastline and many commercial and sport fishermen, sailing 
enthusiasts, and merchant mariners. The Commerce Committee has reported 
a good, bipartisan bill, and I believe that it deserves unanimous 
approval in the Senate.
  Among the provisions contained in this bill and in the manager's 
amendment are several that I had the pleasure to author or coauthor 
with other Senators, and that I wanted to mention here on the floor.
  One of the longest lasting legacies of this bill will be the 
preservation of 35 lighthouses on the coast of Maine. I introduced this 
provision as a stand-alone bill earlier in the year, S. 685, and I am 
very pleased that we were able to include it in the Commerce 
Committee's version of S. 1004.

[[Page S 17394]]

  This provision will create the Maine lights program to transfer these 
historically and environmentally important lighthouses to new owners 
who will agree to maintain them, preserve their historic character, 
preserve ecological resources on adjacent property like seabird nesting 
habitat, and provide access to the public. In short, this legislation 
provides a way to protect these lighthouses well into the future at no 
cost to the Federal Government. Long after this bill passes, Mr. 
President, when our grandchildren or their children visit the Maine 
coast and admire the lighthouses, they will have this Congress to thank 
for its vision and its commitment to preserving such a valuable piece 
of the Nation's coastal heritage.
  Lighthouses no longer play the crucial role in ensuring maritime 
safety that they once did, and, in fact, the original designers of the 
lighthouses could never have imagined the impressive array of 
technological resources that today's Coast Guard brings to the critical 
job of protecting the maritime public. But despite the new hardware and 
technology, the heart of the Coast Guard's mission is still the human 
emergency response, the rescues at sea. It is critical that the Coast 
Guard maintain this capability to respond promptly and professionally 
to all accidents in American waters, even while we are engaged in the 
necessary process to balance the budget and protect the fiscal health 
of the Nation.
  Senator Kerry and I authored an amendment in the Commerce Committee 
that will prevent the Coast Guard from closing any of its boat stations 
unless the Secretary first certifies that the closure will not result 
in a degradation of services that threatens life, property, the 
environment, or public safety. Language that I included in this 
amendment provides, in particular, that a proposed station closure will 
not hamper the Coast Guard's ability to meet its 2-hour standard for 
responding to search-and-rescue requests.
  Both of these provisions have been included in S. 1004, and they 
enjoy broad bipartisan support.
  Mr. President, while S. 1004 is a good bill and deserves this body's 
support, the manager's amendment offered by Senator Stevens makes a 
number of constructive changes to S. 1004 that will improve it further. 
Among these is a provision that I sponsored to facilitate a timely and 
effective response in the event of an oil spill in Passamaquoddy Bay on 
Maine's border with Canada.
  Passamaquoddy Bay is a large, virtually pristine bay and estuary 
system that is internationally recognized as a staging area for 
migratory waterfowl and shorebirds. In addition, the bay area has 
substantial economic value, hosting major aquaculture and commercial 
fishing operations, a vibrant tourism industry that depends on the 
health of the bay, and one of Maine's three major cargo ports.
  Unfortunately, this important resource would be relatively 
unprotected in the event of a major oil spill. The State of Maine does 
not have an adequate number and type of oil spill response vessels in 
the vicinity of Passamaquoddy Bay. There are some Canadian-registered 
vessels north of the bay that could do the job, but current Federal law 
prevents these vessels from operating in U.S. waters.
  To address this problem, I drafted a provision that has been included 
in the manager's amendment which will allow Canadian-registered vessels 
to be used in U.S. waters near the Maine-Canada border in the event of 
an oil spill. The authority only applies on a temporary and emergency 
basis, however, and it only applies as long as U.S.-documented 
response-and-recovery vessels are not available to respond in a timely 
manner. This provision will help to ensure that Passamaquoddy Bay 
receives the maximum amount of protection from an oil spill, while 
giving U.S. recovery vessels priority consideration for doing the work 
if they are available.
  Finally, I wanted to reference Senator Chafee's amendment on 
financial responsibility under the Oil Pollution Act. I offered an 
amendment in the Commerce Committee that addressed the aspect of this 
issue dealing with marinas and onshore fuel terminals. Under some 
current interpretations of OPA, these facilities could have been 
subjected to the act's extremely expensive financial responsibility 
requirements, even though the act was intended to cover offshore 
drilling platforms and other large production facilities that could be 
involved in large oil spills.
  Mr. President, the language in the Chafee amendment reflects a 
compromise that Senators on the Commerce and EPW Committees were able 
to reach on this issue. Among other things, it simply clarifies that 
marinas and onshore fuel terminals are not subject to OPA's financial 
responsibility requirements. This legislation will benefit many small 
businesses, boaters, commercial fishermen, oil distributors, and fuel 
consumers across the country without jeopardizing important 
environmental protections.
  These amendments will strengthen an already good bill, and I hope 
that my colleagues will support them, and support S. 1004 on final 
passage.
  Mr. LOTT. Mr. President, I ask unanimous consent that the amendment 
be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the amendment (No. 3058) was agreed to.


                           Amendment No. 3059

    (Purpose: To amend the Oil Pollution Act of 1990 to clarify the 
     financial responsibility requirements for offshore facilities)

  Mr. LOTT. Mr. President, I send a second amendment to the desk on 
behalf of Senator Stevens.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Mississippi [Mr. Lott], for Mr. Stevens, 
     for himself, Mr. Chafee, Mr. Breaux, and Ms. Snowe, proposes 
     an amendment numbered 3059.

  Mr. LOTT. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.   . OFFSHORE FACILITY FINANCIAL RESPONSIBILITY 
                   REQUIREMENTS.

       (a) Amount of Financial Responsibility.--Section 1016(c)(1) 
     of the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is 
     amended to read as follows:
       ``(1) In general.--
       ``(A) Evidence of financial responsibility required.--
     Except as provided in paragraph (2), a responsible party with 
     respect to an offshore facility that--
       ``(i)(I) is located seaward of the line of ordinary low 
     water along that portion of the coast that is in direct 
     contact with the open sea and the line marking the seaward 
     limit of inland waters; or
       ``(II) is located in inland waters, such as coastal bays or 
     estuaries, seaward of the line of ordinary low water along 
     that portion of the coast that is not in direct contact with 
     the open sea;
       ``(ii) is used for exploring for, drilling for, or 
     producing oil, or for transporting oil from facilities 
     engaged in oil exploration, drilling, or production; and
       ``(iii) has a worst-case oil spill discharge potential of 
     more than 1,000 barrels of oil (or a lesser amount if the 
     President determines that the risks posed by such facility 
     justify it),

     shall establish and maintain evidence of financial 
     responsibility in the amount required under subparagraph (B) 
     or (C), as applicable.
       ``(B) Amount required generally.--Except as provided in 
     subparagraph (C), the amount of financial responsibility for 
     offshore facilities that meet the criteria in subparagraph 
     (A) is--
       ``(i) $35,000,000 for offshore facilities located seaward 
     of the seaward boundary of a State; or
       ``(ii) $10,000,000 for offshore facilities located landward 
     of the seaward boundary of a State.
       ``(C) Greater amount.--If the President determines that an 
     amount of financial responsibility for a responsible party 
     greater than the amount required by subparagraphs (B) and (D) 
     is justified by the relative operational, environmental, 
     human health, and other risks posed by the quantity or 
     quality of oil that is explored for, drilled for, produced, 
     stored, handled, transferred, processed or transported by the 
     responsible party, the evidence of financial responsibility 
     required shall be for an amount determined by the President 
     not exceeding $150,000,000.
       ``(D) Multiple facilities.--In the case in which a person 
     is a responsible party for more than one facility subject to 
     this subsection, evidence of financial responsibility need be 
     established only to meet the amount applicable to the 
     facility having the greatest financial responsibility 
     requirement under this subsection.
       ``(E) State jurisdiction.--The requirements of this 
     paragraph shall not apply if an offshore facility located 
     landward of the seaward boundary of a State is required by 
     such State to establish and maintain evidence of financial 
     responsibility in a manner comparable to, and in an amount 
     equal to or 

[[Page S 17395]]
     greater than, the requirements of this paragraph.
       ``(F) Definition.--For the purpose of this paragraph, the 
     phrase ``seaward boundary of a state'' shall mean the 
     boundaries described in section 2(b) of the Submerged Lands 
     Act (43 U.S.C. 1301(b)).''.


                 regarding opa-90 amendment to S. 1004

  Mr. Chafee. Mr. President, I rise as a cosponsor in support of the 
pending amendment to the Coast Guard reauthorization bill, S. 1004. The 
amendment would modify the financial responsibility requirements for 
offshore facilities under the Oil Pollution Act of 1990.
  These requirements mandate that offshore oil-related facilities 
demonstrate evidence of access to resources sufficient to cover the 
likely costs of clean-up and damages arising from an oilspill. The 
important purpose served by these requirements is to ensure that the 
polluter--not the United States taxpayer--bears the financial burdens 
resulting from oil pollution.
  The Environment and Public Works Committee, of which I am chairman, 
has jurisdiction over the issues addressed in the pending amendment. In 
recognition that jurisdiction, the primary sponsor of the amendment and 
manager of the bill, Senator Stevens, and the Chairman Pressler of the 
Commerce Committee, which reported S. 1004, asked for my assistance in 
crafting the amendment.
  I am pleased to report that we were able to work together to fashion 
an amendment that will bring the financial responsibility requirements 
of the Act more into line with common sense and the original intent of 
Congress. It will allow us to avoid imposing undue and unintended 
economic burdens while also ensuring that the act's important 
environmental purposes will continue to be served.
  In particular, the amendment would do three things.
  First, it would correct an unjustifiably broad interpretation of the 
act by the Department of the Interior. The interpretation would apply 
the financial responsibility requirements for offshore facilities to 
traditional onshore facilities like land-based oil terminals and 
marinas.
  We have many such onshore facilities in my State of Rhode Island. 
They were never intended to be subject to the Act's financial 
responsibility requirements for offshore facilities, even if they have 
certain appurtenances that extend onto submerged land. This amendment 
serves to make our original intent unmistakably clear.
  Second, the amendment would exempt from financial responsibilities 
requirements small offshore operators who, even under a worst-case 
scenario, lack the capacity to cause a major oil spill. This de minimis 
exemption removes the potential for imposing an unjustifiably heavy 
financial burden on small businesses that pose only minimal 
environmental risk.
  Importantly, however, the amendment does not affect the liability of 
a facility that actually engages in a spill. Moreover, the President 
retains the discretion to require even a small offshore facility to 
demonstrate evidence of financial responsibility if the risk justifies 
doing so.
  Third, the amendment would allow for some flexibility in the amount 
of financial responsibility to be required of non de minimis offshore 
facilities. The Act currently directs the promulgation of regulations 
that would require all offshore facilities to meet financial 
responsibility requirements at a $150 million level.
  The amendment, on the other hand, calls for use of the current $35 
million requirement in the Outer Continental Shelf Lands Act for 
facilities in Federal waters, while giving the President discretion to 
increase the requirement on the basis of risk. A similar approach is 
taken with respect to offshore facilities in State waters, except that 
the minimum financial responsibility requirement is $10 million given 
that many Coastal States impose their own such requirements.
  In sum, this amendment will remove the potential for unnecessary and 
inefficient economic burdens while preserving the act's fundamental 
purpose of ensuring that oilspill polluters pay for their pollution. It 
also preserves the act's important safeguards and deterrents against 
oil pollution in the first instance.
  This amendment reflects a thoughtful and carefully tailored approach 
to specific issues of concern about operation of an environmental 
statute. I want to tank Senators Stevens and Pressler gain for their 
cooperation and fine work on the amendment.
  Mr. BREAUX. Mr. President, I want to start by thanking the 
distinguished managers of the bill, the Senator from Alaska, Senator 
Stevens, and the Senator from South Carolina, Senator Hollings, and the 
Senator from Rhode Island, Senator Chafee, the distinguished chair of 
the Environment and Public Works Committee, for all the work they have 
put into helping to craft this amendment. It retains many of the 
features of S. 33, which I introduced in January of this year. I 
believe that it is an amendment that all of our colleagues should 
support.
  This amendment addresses a serious concern--the shutting down of 
onshore and offshore oil and gas producers because they cannot meet 
onerous Federal financial responsibility standards mandated by the Oil 
Pollution Act of 1990. This amendment gives the Secretary of the 
Interior the flexibility to adjust Federal financial responsibility 
requirements to reflect the risks actually posed. Unless, this 
flexibility is provided for offshore facilities, the Oil Pollution 
Act's financial requirements will freeze out small and independent 
companies that drill most of the wells offshore.
  Congress passed the Oil Pollution Act of 1990 in response to the 
Exxon Valdez oilspill. It was designed to prevent oilspills and if 
oilspills do occur to make sure sufficient financial resources are 
available to clean up those spills. The statute establishes liability 
limits and requirements of financial responsibility to meet those 
limits. However, recent interpretation of the statute by the Department 
of the Interior indicates that legislative changes are needed to meet 
congressional intent concerning financial responsibility for onshore 
facilities and to correct the overly burensome financial responsibility 
requirements for offshore facilities that threaten the viability of 
many offshore producers.
  When the Congress adopted the Oil Pollution Act, it clearly intended 
that onshore facilities would not have to show evidence of financial 
responsibility. However, a recent Interior Department solicitor's 
opinion indicates that due to the interrelationship of several 
definitions in the act, that they interpret the statute to require 
financial responsibility be shown by onshore facilities. Mr. President, 
clearly, Congress did not and does not want to require small marina 
operators or other onshore facilities to show $150 million of financial 
responsibility. This legislation clarifies the congressional intent on 
the law with respect to financial responsibility for onshore 
facilities.
  Also, this amendment gives the Minerals Management Service the 
authority to require evidence of financial responsibility between $35 
and $150 million based on the environmental risk posed by the facility. 
Current law is inflexible on this point, all offshore facilities must 
provide evidence of $150 million regardless of how much oil they 
handle, their history of oilspills, or other factors that would 
determine the true risk of an oilspill. In addition, this amendment 
provides that any producer that handles less than 1,000 barrels of oil 
at any one time would be exempt from the financial responsibility 
requirement. Both the $35 million financial responsibility level and 
the 1,000 barrels were included in prior law--the Outer Continental 
Shelf Lands Act.
  This approach preserves OPA's oilspill prevention, response and 
environmental safeguards and liability standards, while setting 
reasonable financial responsibility requirements for offshore 
facilities. It also recognizes the low level of risk of oilspills 
associated with the offshore industry generally, and the fact that no 
spill on the Federal Gulf of Mexico offshore has exceeded the $35 
million of financial responsibility in force before OPA. I look forward 
to working to further revise this legislation. This legislation is one 
step that can be accomplished now to help maintain a viable domestic 
energy industry.
  We know that oil imports continue to rise, while the domestic energy 
industry continues to decline.
  In 1973--at the time of the Arab oil embargo--domestic U.S. crude oil 
production was 9.2 million barrels per day 

[[Page S 17396]]
(mbd). By 1977, that figure had fallen to 8.1 mdb, before increasing as 
Alaska production flowed through the Trans-Alaska Pipeline System. By 
1985, domestic crude production had climbed to a post-embargo high of 
9.0 mbd. Now, 10 years later, domestic crude oil output runs at 6.6 
mbd.
  In 1973, the U.S. imported about 35 percent of its daily oil 
consumption. Now, we import almost half our total oil needs--8.1 mbd 
out of a daily consumption of about 18 mbd.
  This nation would never allow us to import more than 50 percent of 
our food supply--Is our energy supply any less important? Let us not 
forget the oil shocks of the seventies and let us not forget that just 
a few years ago we sent young Americans to the Persian Gulf to protect 
our strategic interest in the oil there.
  Thousands of oil industry workers have been laid off and it looks 
like many more may become unemployed in the future. More than 400,000 
jobs have been lost in the oil and gas industry in the last 10 years. 
By some estimates, 40,000 to 50,000 may have been lost in 1992 alone.

  The jobs in the oil industry today are very different from those of 
yesterday. The reserves that are fast and easy to recover through 
simple hard labor are no more. Increasingly, extraction of oil and gas 
requires very sophisticated technology that requires a highly-skilled, 
highly educated work force. The energy industry of today creates the 
kinds of jobs we want for tomorrow--high technology, high paying jobs.
  Our national security depends on access to dependable domestic energy 
reserves. Unfortunately, our domestic oil and gas industry cannot turn 
on a dime. No magic spigot can be turned on when the need for secure 
domestic oil reserves become acute. The expertise needed to develop oil 
and gas is highly-specialized, particularly now that the remaining 
domestic reserves are increasingly difficult to recover.
  This is not just an oil and gas state interest--this is a national 
interest. Energy fuels our cars, heats our homes, runs our factories in 
every part of the country. Also, let us not forget the thousands of 
jobs created in non-energy related sectors to service the energy 
industry: computers, metals, transportation, financial and other 
service industries. When domestic oil and gas producing increases so do 
the jobs created in all these sectors.
  Unless we take steps to help preserve a viable domestic industry, the 
next energy crisis may be chronic and very damaging to our economy. 
Unless we act to preserve a core of talent and capital in the United 
States, the domestic industry may not be able to deploy the necessary 
capital investment and trained labor necessary to quickly add large 
increments to our overall domestic supply of oil and petroleum 
products.
  We can change politics as usual--the politics of crisis management--
and we can work now to avert an energy crisis in the future. Mr. 
President, I believe that this amendment is a good starting point. It 
does not address some issues that I believe need to be addressed, but I 
look forward to continuing to work with my colleagues to make changes 
to the Oil Pollution Act that I believe are necessary to maintain our 
domestic energy security.
  Again, I thank Senator Stevens, Senator Hollings and Senator Chafee, 
for their involvement, their assistance and their encouragement in this 
effort. And, I urge my colleagues to join me in supporting this 
important legislation.


   An amendment to s. 1004, the coast guard authorization act of 1995

  Mr. CHAFEE. The pending amendment to the Coast Guard reauthorization 
bill clarifies the financial responsibility requirements for offshore 
facilities under the Oil Pollution Act of 1990, or ``OPA-90.'' Issues 
related to such requirements lie within the exclusive jurisdiction of 
the Senate Committee on Environment and Public Works. As Chairman of 
that Committee, I join Senator Stevens as a co-sponsor of the 
amendment. I also want to take a moment to provide the background of 
the amendment and to explain the understanding on which it is based.
  Earlier this year Senator Breaux introduced a bill, S. 33, that 
addresses the matters contained in this amendment and was referred to 
the Committee on Environment and Public Works.
  Although we did not hold a formal hearing on the bill, efforts to 
amend OPA-90 to clarify its offshore facility financial responsibility 
requirements have been ongoing for several months. The House included 
such an amendment in its version of the Coast Guard reauthorization 
bill, H.R. 1361.
  Upon being received in the Senate, H.R. 1361 was referred to the 
Committee on Commerce, Science, and Transportation. Recognizing and 
respecting the fact that OPA-90's financial responsibility requirements 
are within the jurisdiction of the Environment and Public Works 
Committee, the Committee on Commerce, Science, and Transportation 
declined to include an amendment to such requirements in the Coast 
Guard reauthorization bill it reported, S. 1004.

  Instead, the chairman of the full Committee, Senator Pressler, and 
the Chairman of the Subcommittee on Oceans and Fisheries, Senator 
Stevens, wrote to ask for my cooperation and assistance in crafting an 
offshore OPA-90 amendment that could be offered upon consideration of 
S. 1004 on the Senate floor. Seventeen Senators, including four members 
of the Environment and Public Works Committee, also sent me a letter 
urging me to work with the Committee on Commerce, Science, and 
Transportation to achieve the same result.
  In response, I agreed to work with the leadership of the Committee on 
Commerce, Science, and Transportation in an effort to forge an 
amendment that would accommodate the request of my colleagues. All work 
was done in consultation with the ranking member of the Committee on 
Environment and Public Works, Senator Baucus. The product of that 
cooperative labor is the amendment before the Senate at this time.
  Also resulting from our negotiations with the Committee on Commerce, 
Science, and Transportation is an agreement that will ensure continued 
recognition of the jurisdiction of the Committee on Environment and 
Public Works as S. 1004 and H.R. 1361 move forward. It is especially 
important given the abbreviated process that I have agreed to follow 
with respect to the OPA-90 amendment.
  Our agreement provides that, upon passage of S. 1004 and H.R. 1361 by 
the Senate, the Committee on Environment and Public Works will conduct 
any negotiations or discussions with the House of Representatives on 
any OPA-90 issues within the Committee's jurisdiction, including all 
issues addressed in the pending Senate amendment. If these negotiations 
or discussions fail to resolve any differences that may exist between 
the two Chambers on such issues, the Committee on Environment and 
Public Works will be the source of conferees on all OPA-90 issues under 
the Committee's jurisdiction, including all issues addressed in the 
pending Senate amendment. In the spirit in which the pending amendment 
was developed, members of the Committee on Environment and Public Works 
engaged in any such negotiations or conference will consult with 
members of the Committee on Commerce, Science, and Transportation.
  In conclusion, I simply would ask my good friend, the chairman of the 
Committee on Commerce, Science, and Transportation, if what I have just 
stated comports with his understanding of our agreement.
  Mr. PRESSLER. Yes, it does in all respects. As chairman of the 
Committee on Commerce, Science, and Transportation, I recognize that 
the issues addressed in the OPA-90 amendment clearly fall under the 
jurisdiction of the Committee on Environment and Public Works. I have 
appreciated the willingness of the chairman of that Committee to work 
with the Committee on Commerce, Science, and Transportation so this 
amendment could be added to the Coast Guard reauthorization bill.
  Mr. CHAFEE. I thank the chairman of the Committee on Commerce, 
Science, and Transportation. Let me add that I have appreciated the 
cooperative manner in which we have been able to work together on this 
amendment and I commend him, as well as Senator Stevens, for their fine 
work on the amendment.
  Mr. LOTT. Mr. President, I ask unanimous consent that the amendment 
be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered. 

[[Page S 17397]]

  So the amendment (No. 3059) was agreed to.


                           Amendment No. 3060

(Purpose: To provide for the deauthorization of a navigation project in 
                          Cohasset Harbor, MA)

  Mr. LOTT. Mr. President, I now send an amendment to the desk on 
behalf of Senator Kerry of Massachusetts.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Mississippi [Mr. Lott], for Mr. Kerry, 
     proposes an amendment numbered 3060.

  Mr. LOTT. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place insert the following:

     SEC.  . DEAUTHORIZATION OF NAVIGATION PROJECT, COHASSET 
                   HARBOR, MASSACHUSETTS.

       The following portions of the project for navigation, 
     Cohasset Harbor, Massachusetts, authorized by section 2 of 
     the Act entitled ``An Act authorizing the construction, 
     repair, and preservation of certain public works on rivers 
     and harbors, and for other purposes'', approved March 2, 1945 
     (59 Stat. 12), or carried out pursuant to section 107 of the 
     River and Harbor Act of 1960 (33 U.S.C. 577), are 
     deauthorized: A 7-foot deep anchorage and a 6-foot deep 
     anchorage; beginning at site 1, starting at a point 
     N45310.15, E792664.63, thence running south 53 degrees 07 
     minutes 05.4 seconds west 307.00 feet to a point N453325.90, 
     E792419.07, thence running north 57 degrees 56 minutes 36.8 
     seconds west 201.00 feet to a point N453432.58, E792248.72, 
     thence running south 88 degrees 57 minutes 25.6 seconds west 
     50.00 feet to a point N453431.67, E792198.73, thence running 
     north 01 degree 02 minutes 52.3 seconds west 66.71 feet to a 
     point N453498.37, E792197.51, thence running north 69 degrees 
     12 minutes 52.3 seconds east 332.32 feet to a point 
     N453616.30, E 792508.20, thence running south 55 degrees 50 
     minutes 24.1 seconds east 189.05 feet to point of origin; 
     then site 2, starting at a point, N452886.64, E791287.83, 
     thence running south 00 degrees 00 minutes 00.0 seconds west 
     56.04 feet to a point, N452830.60, E791287.83, thence running 
     north 90 degrees 00 minutes 00.0 seconds west 101.92 feet to 
     a point, N452830.60, E791185.91, thence running north 52 
     degrees 12 minutes 49.7 seconds east 89.42 feet to a point, 
     N452885.39, E791256.58, thence running north 87 degrees 42 
     minutes 33.8 seconds east 31.28 feet to point of origin; and 
     site 3, starting at a point, N452261.08, E792040.24, thence 
     running north 89 degrees 07 minutes 19.5 seconds east 118.78 
     feet to a point, N452262.90, E792159.01, thence running south 
     43 degrees 39 minutes 06.8 seconds west 40.27 feet to a 
     point, N452233.76, E792131.21, thence running north 74 
     degrees 33 minutes 29.1 seconds west 94.42 feet to a point, 
     N452258.90, E792040.20, thence running north 01 degree 03 
     minutes 04.3 seconds east 2.18 feet to point of origin.
       Amend the table of sections by inserting at the appropriate 
     place the following:

Sec.  . Deauthorization of navigation project, Cohasset Harbor, 
              Massachusetts.


                       cohasset dredging project

  Mr. KERRY. Mr. President, I wish to engage the distinguished Chairman 
of the Committee on Environment and Public Works, Senator Chafee, in a 
colloquy. The colloquy relates to a freestanding amendment that I have 
offered which would deauthorize portions of a navigation project at 
Cohasset Harbor, MA. This deauthorization provision is clearly and 
wholly within the jurisdiction of the Committee on Environment and 
Public Works. I recognize that it would most appropriately be dealt 
with as an amendment to the 1995 Water Resources Development Act. 
However, this deauthorization is a purely technical action which 
requires no expenditure of funds. In addition, I have recently been 
informed that the necessary dredging of Cohasset Harbor, which cannot 
proceed without this deauthorization, will lose an existing 
appropriation of funds if this technical action is not approved by the 
Congress expeditiously. The amendment simply provides for a 
modification to the existing coordinates of the U.S. Army Corps of 
Engineers' Cohasset Harbor dredging project.
  Mr. CHAFEE. I have carefully reviewed the proposed amendment and 
concur that it is a purely technical project deauthorization which 
involves no expenditure of funds. As such, I give my consent to the 
request of the Senator from Massachusetts [Mr. Kerry]. I would ask, 
however, that if any changes are made to this amendment, I be consulted 
before any final action is taken in a conference with the House.
  Mr. STEVENS. As the manager of the Coast Guard authorization bill, I 
concur with the views expressed here by my colleagues.
  Mr. LOTT. Mr. President, I ask unanimous consent that the amendment 
be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the amendment (No. 3060) was agreed to.
  Mr. LOTT. Mr. President, I further ask unanimous consent that the 
committee amendment be agreed to, as amended; that the bill be 
considered read for a third time and passed; that the motion to 
reconsider be laid upon the table; and that a number of colloquies and 
statements appear at the appropriate place in the Record as if read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the committee amendment, as amended, was agreed.
  So the bill (S. 1004), as amended, was deemed read the third time and 
passed.
  The bill, as passed, is as follows:

                                S. 1004

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coast Guard Authorization 
     Act of 1995''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.

               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

Sec. 201. Provision of child development services.
Sec. 202. Hurricane Andrew relief.
Sec. 203. Dissemination of results of 0-6 continuation boards.
Sec. 204. Exclude certain reserves from end-of-year strength.
Sec. 205. Officer retention until retirement eligible.
Sec. 206. Contracts for health care services.
Sec. 207. Recruiting.
Sec. 208. Access to National Driver Register information on certain 
              Coast Guard personnel.
Sec. 209. Coast Guard housing authorities.
Sec. 210. Board for correction of military records deadline.

       TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT

Sec. 301. Increased penalties for documentation violations.
Sec. 302. Nondisclosure of port security plans.
Sec. 303. Maritime drug and alcohol testing program civil penalty.
Sec. 304. Renewal of advisory groups.
Sec. 305. Electronic filing of commercial instruments.
Sec. 306. Civil penalties.
Sec. 307. Amendment to require EPIRBS on the Great Lakes.
Sec. 308. Report on Loran-C requirements.
Sec. 309. Restrictions on closure of small boat stations.
Sec. 310. Penalty for alteration of marine safety equipment.
Sec. 311. Prohibition on overhaul, repair, and maintenance of Coast 
              Guard vessels in foreign shipyards.
Sec. 312. Withholding vessel clearance for violation of certain Acts.

                    TITLE IV--COAST GUARD AUXILIARY

Sec. 401. Administration of the Coast Guard Auxiliary.
Sec. 402. Purpose of the Coast Guard Auxiliary.
Sec. 403. Members of the auxiliary; status.
Sec. 404. Assignment and performance of duties.
Sec. 405. Cooperation with other agencies, States, Territories, and 
              political subdivisions.
Sec. 406. Vessel deemed public vessel.
Sec. 407. Aircraft deemed public aircraft.
Sec. 408. Disposal of certain material.

            TITLE V--RECREATIONAL BOATING SAFETY IMPROVEMENT

Sec. 501. State recreational boating safety grants.
Sec. 502. Boating access.
Sec. 503. Personal flotation devices required for children.
Sec. 504. Marine Casualty Reporting.

                TITLE VI--COAST GUARD REGULATORY REFORM

Sec. 601. Short title.
Sec. 602. Safety management.
Sec. 603. Use of reports, documents, records, and examinations of other 
              persons.
Sec. 604. Equipment approval.
Sec. 605. Frequency of inspection.
Sec. 606. Certificate of inspection.
Sec. 607. Delegation of authority of Secretary to classification 
              societies.

             TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS

Sec. 701. Amendment of inland navigation rules.

[[Page S 17398]]

Sec. 702. Measurement of vessels.
Sec. 703. Longshore and harbor workers compensation.
Sec. 704. Radiotelephone requirements.
Sec. 705. Vessel operating requirements.
Sec. 706. Merchant Marine Act, 1920.
Sec. 707. Merchant Marine Act, 1956.
Sec. 708. Maritime education and training.
Sec. 709. General definitions.
Sec. 710. Authority to exempt certain vessels.
Sec. 711. Inspection of vessels.
Sec. 712. Regulations.
Sec. 713. Penalties--inspection of vessels.
Sec. 714. Application--tank vessels.
Sec. 715. Tank vessel construction standards.
Sec. 716. Tanker minimum standards.
Sec. 717. Self-propelled tank vessel minimum standards.
Sec. 718. Definition--abandonment of barges.
Sec. 719. Application--load lines.
Sec. 720. Licensing of individuals.
Sec. 721. Able seamen--limited.
Sec. 722. Able seamen--offshore supply vessels.
Sec. 723. Scale of employment--able seamen.
Sec. 724. General requirements--engine department.
Sec. 725. Complement of inspected vessels.
Sec. 726. Watchmen.
Sec. 727. Citizenship and naval reserve requirements.
Sec. 728. Watches.
Sec. 729. Minimum number of licensed individuals.
Sec. 730. Officers' competency certificates convention.
Sec. 731. Merchant mariners' documents required.
Sec. 732. Certain crew requirements.
Sec. 733. Freight vessels.
Sec. 734. Exemptions.
Sec. 735. United States registered pilot service.
Sec. 736. Definitions--merchant seamen protection.
Sec. 737. Application--foreign and intercoastal voyages.
Sec. 738. Application--coastwise voyages.
Sec. 739. Fishing agreements.
Sec. 740. Accommodations for seamen.
Sec. 741. Medicine chests.
Sec. 742. Logbook and entry requirements.
Sec. 743. Coastwise endorsements.
Sec. 744. Fishery endorsements.
Sec. 745. Convention tonnage for licenses, certificates, and documents.
Sec. 746. Technical corrections.

                    TITLE VIII--POLLUTION FROM SHIPS

Sec. 801. Prevention of pollution from ships.
Sec. 802. Marine plastic pollution research and control.

                 TITLE IX--LAW ENFORCEMENT ENHANCEMENT

Sec. 901. Sanctions for failure to land or to bring to; sanctions for 
              obstruction of boarding and providing false information.
Sec. 902. FAA summary revocation authority.
Sec. 903. Coast Guard air interdiction authority.
Sec. 904. Coast Guard civil penalty provisions.
Sec. 905. Customs orders.
Sec. 906. Customs civil penalty provisions.

                          TITLE X--CONVEYANCES

Sec. 1001. Conveyance of property in Massachusetts.
Sec. 1002. Conveyance of certain lighthouses located in Maine.
Sec. 1003. Conveyance of Squirrel Point Light.
Sec. 1004. Conveyance of Montauk Light Station, New York.
Sec. 1005. Conveyance of Point Arena Light Station.
Sec. 1006. Conveyance of property in Ketchikan, Alaska.
Sec. 1007. Conveyance of property in Traverse City, Michigan.
Sec. 1008. Transfer of Coast Guard property in New Shoreham, Rhode 
              Island.
Sec. 1009. Conveyance of property in Santa Cruz, California.
Sec. 1010. Conveyance of vessel S/S RED OAK VICTORY.
Sec. 1011. Conveyance of equipment.
Sec. 1012. Property exchange.

                        TITLE XI--MISCELLANEOUS

Sec. 1101. Florida Avenue bridge.
Sec. 1102. Oil Spill Recovery Institute.
Sec. 1103. Limited double hull exemptions.
Sec. 1104. Oil spill response vessels.
Sec. 1105. Sense of the Congress regarding passengers aboard commercial 
              vessels.
Sec. 1106. California cruise industry revitalization.
Sec. 1107. Lower Columbia River marine fire and safety activities.
Sec. 1108. Oil pollution research and training.
Sec. 1109. Limitation on relocation of Houston and Galveston Marine 
              Safety Offices.
Sec. 1110. Uninspected fish-tender vessels.
Sec. 1111. Foreign passenger vessel user fees.
Sec. 1112. Coast Guard user fees.
Sec. 1113. Vessel financing.
Sec. 1114. Manning and watch requirements on towing vessels on the 
              Great Lakes.
Sec. 1115. Repeal of Great Lakes endorsements.
Sec. 1116. Relief from United States documentation requirements.
Sec. 1117. Use of Canadian oil spill response and recovery vessels.
Sec. 1118. Judicial sale of certain documented vessels to aliens.
Sec. 1119. Improved authority to sell recyclable material.
Sec. 1120. Documentation of certain vessels.
Sec. 1121. Vessel deemed to be a recreational vessel.
Sec. 1122. Small passenger vessel pilot inspection program with the 
              State of Minnesota.
Sec. 1123. Commonwealth of the Northern Mariana Islands fishing.
Sec. 1124. Availability of extrajudicial remedies for default on 
              preferred mortgage liens on vessels.
Sec. 1125. Offshore facility financial responsibility requirements.
Sec. 1126. Deauthorization of navigation project, Cohasset Harbor, 
              Massachusetts.
                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 1996.--Funds are authorized to be 
     appropriated for necessary expenses of the Coast Guard for 
     fiscal year 1996, as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $2,618,316,000, of which $25,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $428,200,000, to remain available until 
     expended, of which $32,500,000 shall be derived from the Oil 
     Spill Liability Trust fund to carry out the purposes of 
     section 1012(a)(5) of the Oil Pollution Act of 1990.
       (3) For research, development, test, and evaluation of 
     technologies, materials, and human factors directly relating 
     to improving the performance of the Coast Guard's mission in 
     support of search and rescue, aids to navigation, marine 
     safety, marine environmental protection, enforcement of laws 
     and treaties, ice operations, oceanographic research, and 
     defense readiness, $22,500,000, to remain available until 
     expended, of which $3,150,000 shall be derived from the Oil 
     Spill Liability Trust Fund.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, $582,022,000.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program--
       (A) $16,200,000, to remain available until expended, of 
     which up to $14,200,000 may be made available under section 
     104(e) of title 49, United States Code; and
       (B) for fiscal year 1995, $12,880,000, which may be made 
     available under that section.
       (6) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operations and maintenance), $25,000,000, to remain 
     available until expended.
       (b) Amounts From the Discretionary Bridge Program.--Section 
     104 of title 49, United States Code, is amended by adding at 
     the end thereof the following:
       ``(e) Notwithstanding the provisions of sections 101(d) and 
     144 of title 23, highway bridges determined to be 
     unreasonable obstructions to navigation under the Truman-
     Hobbs Act may be funded from amounts set aside from the 
     discretionary bridge program. The Secretary shall transfer 
     these allocations and the responsibility for administration 
     of these funds to the United States Coast Guard.''.

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

       (a) Authorized Military Strength Level.--The Coast Guard is 
     authorized an end-of-year strength for active duty personnel 
     of 38,400 as of September 30, 1996. The authorized strength 
     does not include members of the Ready Reserve called to 
     active duty for special or emergency augmentation of regular 
     Coast Guard forces for periods of 180 days or less.
       (b) Authorized Level of Military Training.--The Coast Guard 
     is authorized average military training study loads for 
     fiscal year 1996 as follows:
       (1) For recruit and special training, 1,604 student years.
       (2) For flight training, 85 student years.
       (3) For professional training in military and civilian 
     institutions, 330 student years.
       (4) For officer acquisition, 874 student years.
               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

     SEC. 201. PROVISION OF CHILD DEVELOPMENT SERVICES.

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

     ``Sec. 515. Child development services

       ``(a) The Commandant may make child development services 
     available for members and civilian employees of the Coast 
     Guard, and thereafter as space is available for members of 
     the Armed Forces and Federal civilian employees. Child 
     development service benefits provided under the authority of 
     this section shall be in addition to benefits provided under 
     other laws.
       ``(b)(1) Except as provided in paragraph (2), the 
     Commandant may require that amounts 

[[Page S 17399]]
     received as fees for the provision of services under this section at 
     Coast Guard child development centers be used only for 
     compensation of employees at those centers who are directly 
     involved in providing child care.
       ``(2) If the Commandant determines that compliance with the 
     limitation in paragraph (1) would result in an uneconomical 
     and inefficient use of such fee receipts, the Commandant may 
     (to the extent that such compliance would be uneconomical and 
     inefficient) use such receipts--
       ``(A) for the purchase of consumable or disposable items 
     for Coast Guard child development centers; and
       ``(B) if the requirements of such centers for consumable or 
     disposable items for a given fiscal year have been met, for 
     other expenses of those centers.
       ``(c) The Commandant shall provide for regular and 
     unannounced inspections of each child development center 
     under this section and may use Department of Defense or other 
     training programs to ensure that all child development center 
     employees under this section meet minimum standards of 
     training with respect to early childhood development, 
     activities and disciplinary techniques appropriate to 
     children of different ages, child abuse prevention and 
     detection,and appropriate emergency medical procedures.
       ``(d) Of the amounts available to the Coast Guard each 
     fiscal year for operating expenses (and in addition to 
     amounts received as fees), the Secretary may use for child 
     development services under this section an amount not to 
     exceed the total amount the Commandant estimates will be 
     received by the Coast Guard in the fiscal year as fees for 
     the provision of those services.
       ``(e) The Commandant may use appropriated funds available 
     to the Coast Guard to provide assistance to family home day 
     care providers so that family home day care services can be 
     provided to uniformed service members and civilian employees 
     of the Coast Guard at a cost comparable to the cost of 
     services provided by Coast Guard child development centers.
       ``(f) The Secretary shall promulgate regulations to 
     implement this section. The regulations shall establish fees 
     to be charged for child development services provided under 
     this section which take into consideration total family 
     income.
       ``(g) For purposes of this section, the term `child 
     development center' does not include a child care services 
     facility for which space is allotted under section 616 of the 
     Act of December 22, 1987 (40 U.S.C. 490b).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 13 of title 14, United States Code, is 
     amended by inserting after the item related to section 514 
     the following:

``515. Child development services.''.

     SEC. 202. HURRICANE ANDREW RELIEF.

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

     SEC. 203. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION 
                   BOARDS.

       Section 289(f) of title 14, United States Code, is amended 
     by striking ``Upon approval by the President, the names of 
     the officers selected for continuation on active duty by the 
     board shall be promptly disseminated to the service at 
     large.''.

     SEC. 204. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.

       Section 712 of title 14, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d) Members ordered to active duty under this section 
     shall not be counted in computing authorized strength in 
     members on active duty or members in grade under this title 
     or under any other law.''.

     SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.

       Section 283(b) of title 14, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(b)'';
       (2) by striking the last sentence; and
       (3) by adding at the end the following:
       ``(2) Upon the completion of a term under paragraph (1), an 
     officer shall, unless selected for further continuation--
       ``(A) except as provided in subparagraph (B), be honorably 
     discharged with severance pay computed under section 286 of 
     this title;
       ``(B) in the case of an officer who has completed at least 
     18 years of active service on the date of discharge under 
     subparagraph (A), be retained on active duty and retired on 
     the last day of the month in which the officer completes 20 
     years of active service, unless earlier removed under another 
     provision of law; or
       ``(C) if, on the date specified for the officer's discharge 
     under this section, the officer has completed at least 20 
     years of active service or is eligible for retirement under 
     any law, be retired on that date.''.

     SEC. 206. CONTRACTS FOR HEALTH CARE SERVICES.

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

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

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

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

       (c) The amendments made by this section shall take effect 
     on the date of enactment of this Act. Any personal services 
     contract entered into on behalf of the Coast Guard in 
     reliance upon the authority of section 1091 of title 10 
     before that date is confirmed and ratified and shall remain 
     in effect in accordance with the terms of the contract.

     SEC. 207. RECRUITING.

       (a) Campus Recruiting.--Section 558 of the National Defense 
     Authorization Act for Fiscal Year 1995 (108 Stat. 2776) is 
     amended--
       (1) by inserting ``or the Department of Transportation'' in 
     subsection (a)(1) after ``the Department of Defense'';
       (2) by inserting ``or the Secretary of Transportation'' 
     after ``the Secretary of Defense'' in subsection (a)(1); and
       (3) by inserting ``and the Secretary of Transportation'' 
     after ``the Secretary of Education'' in subsection (b).
       (b) Funds for Recruiting.--The text of section 468 of title 
     14, United States Code, is amended to read as follows:
       ``The Coast Guard may expend operating expense funds for 
     recruiting activities, including but not limited to 
     advertising and entertainment, in order to--
       ``(1) obtain recruits for the Service and cadet applicants; 
     and
       ``(2) gain support of recruiting objectives from those who 
     may assist in the recruiting effort.''.
       (c) Special Recruiting Authority.--Section 93 of title 14, 
     United States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (t);
       (2) by striking the period at the end of paragraph (u) and 
     inserting a semicolon and the word ``and''; and
       (3) by adding at the end the following:
       ``(v) employ special recruiting programs, including, 
     subject to appropriations Acts, the provision of financial 
     assistance by grant, cooperative agreement, or contract to 
     public or private associations, organizations, and 
     individuals (including academic scholarships for 
     individuals), to meet identified personnel resource 
     requirements.''.

     SEC. 208. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON 
                   CERTAIN COAST GUARD PERSONNEL.

       (a) Amendment to Title 14.--Section 93 of title 14, United 
     States Code, as amended by section 203, is further amended--
       (1) by striking ``and'' after the semicolon at the end of 
     paragraph (u);
       (2) by striking the period at the end of paragraph (v) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(w) require that any officer, chief warrant officer, or 
     enlisted member of the Coast Guard or Coast Guard Reserve 
     (including a cadet or an applicant for appointment or 
     enlistment to any of the foregoing and any member of a 
     uniformed service who is assigned to the Coast Guard) request 
     that all information contained in the National Driver 
     Register pertaining to the individual, as described in 
     section 30304(a) of title 49, be made available to the 
     Commandant under section 30305(a) of title 49, may receive 
     that information, and upon receipt, shall make the 
     information available to the individual.''.

[[Page S 17400]]

       (b) Amendment to Title 49.--Section 30305(b) of title 49, 
     United States Code, is amended by redesignating paragraph (7) 
     as paragraph (8) and inserting after paragraph (6) the 
     following new paragraph:
       ``(7) An individual who is an officer, chief warrant 
     officer, or enlisted member of the Coast Guard or Coast Guard 
     Reserve (including a cadet or an applicant for appointment or 
     enlistment of any of the foregoing and any member of a 
     uniformed service who is assigned to the Coast Guard) may 
     request the chief driver licensing official of a State to 
     provide information about the individual under subsection (a) 
     of this section to the Commandant of the Coast Guard. The 
     Commandant may receive the information and shall make the 
     information available to the individual. Information may not 
     be obtained from the Register under this paragraph if the 
     information was entered in the Register more than 3 years 
     before the request, unless the information is about a 
     revocation or suspension still in effect on the date of the 
     request.''.

     SEC. 209. COAST GUARD HOUSING AUTHORITIES.

       (a) In General.--Part I of title 14, United States Code, is 
     amended by inserting after chapter 17 the following new 
     chapter:

             ``CHAPTER 18--COAST GUARD HOUSING AUTHORITIES

                             ``subchapter a

``Section
``671. Definitions.
``672. General Authority.
``673. Direct loans and loan guarantees.
``674. Leasing of housing to be constructed.
``675. Investments in nongovernmental entities.
``676. Rental guarantees.
``677. Differential lease payments.
``678. Conveyance or lease of existing property and facilities.
``679. Interim leases.
``680. Unit size and type.
``681. Support facilities.
``682. Assignment of members of the armed forces to housing units.
``683. Coast Guard Housing Improvement Fund.
``684. Reports.
``685. Expiration of authority.

                             ``subchapter b

``691. Conveyance of damaged or deteriorated military family housing; 
              use of proceeds.
``692. Limited partnerships with private developers of housing.

                             ``SUBCHAPTER A

     ``Sec. 671. Definitions

       ``In this subchapter the term `support facilities' means 
     facilities relating to military housing units, including 
     child care centers, day care centers, community centers, 
     housing offices, maintenance complexes, dining facilities, 
     unit offices, fitness centers, parks, and other similar 
     facilities for the support of military housing.

     ``Sec. 672. General authority

       ``In addition to any other authority provided for the 
     acquisition, construction, or improvement of military family 
     housing or military unaccompanied housing, the Secretary may 
     exercise any authority or any combination of authorities 
     provided under this subchapter in order to provide for the 
     acquisition, construction, improvement or rehabilitation by 
     private persons of the following:
       ``(1) Family housing units on or near Coast Guard 
     installations within the United States and its territories 
     and possessions.
       ``(2) Unaccompanied housing units on or near such Coast 
     Guard installations.

     ``Sec. 673. Direct loans and loan guarantees

       ``(a) Direct Loans.--(1) Subject to subsection (c), the 
     Secretary may make direct loans to persons in the private 
     sector in order to provide funds to such persons for the 
     acquisition, construction, improvement, or rehabilitation of 
     housing units that the Secretary determines are suitable for 
     use as military family housing or as military unaccompanied 
     housing.
       ``(2) The Secretary shall establish such terms and 
     conditions with respect to loans made under this subsection 
     as the Secretary considers appropriate to protect the 
     interests of the United States, including the period and 
     frequency for repayment of such loans and the obligations of 
     the obligors on such loans upon default.
       ``(b) Loan Guarantees.--(1) Subject to subsection (c), the 
     Secretary may guarantee a loan made to any person in the 
     private sector if the proceeds of the loan are to be used by 
     the person to acquire, construct, improve, or rehabilitate 
     housing units that the Secretary determines are suitable for 
     use as military family housing or as military unaccompanied 
     housing.
       ``(2) The amount of a guarantee on a loan that may be 
     provided under paragraph (1) may not exceed the amount equal 
     to the lesser of--
       ``(A) the amount equal to 80 percent of the value of the 
     project; or
       ``(B) the amount of the outstanding principal of the loan.
       ``(3) The Secretary shall establish such terms and 
     conditions with respect to guarantees of loans under this 
     subsection as the Secretary considers appropriate to protect 
     the interests of the United States, including the rights and 
     obligations of obligors of such loans and the rights and 
     obligations of the United States with respect to such 
     guarantees.
       ``(c) Limitation on Direct Loan and Guarantee Authority.--
     Direct loans and loan guarantees may be made under this 
     section only to the extent that appropriations of budget 
     authority to cover their cost (as defined in section 502(5) 
     of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) 
     are made in advance, or authority is otherwise provided in 
     appropriations Acts. If such appropriation or other authority 
     is provided, there may be established a financing account (as 
     defined in section 502(7) of such Act (2 U.S.C. 661a(7)) 
     which shall be available for the disbursement of direct loans 
     or payment of claims for payment on loan guarantees under 
     this section and for all other cash flows to and from the 
     Government as a result of direct loans and guarantees made 
     under this section.

     ``Sec. 674. Leasing of housing to be constructed

       ``(a) Build and Lease Authorized.--The Secretary may enter 
     into contracts for the lease of family housing units or 
     unaccompanied housing units to be constructed, improved, or 
     rehabilitated under this subchapter.
       ``(b) Lease Terms.--A contract under this section may be 
     for any period that the Secretary determines appropriate.

     ``Sec. 675. Investments in nongovernmental entities

       ``(a) Investments Authorized.--The Secretary may make 
     investments in nongovernmental entities carrying out projects 
     for the acquisition, construction, improvement, or 
     rehabilitation of housing units suitable for use as military 
     family housing or as military unaccompanied housing.
       ``(b) Forms of Investment.--An investment under this 
     section may take the form of a direct investment by the 
     United States, an acquisition of a limited partnership 
     interest by the United States, a purchase of stock or other 
     equity instruments by the United States, a purchase of bonds 
     or other debt instruments by the United States, or any 
     combination of such forms of investment.
       ``(c) Limitation on Value of Investment.--(1) The cash 
     amount of an investment under this section in a 
     nongovernmental entity may not exceed an amount equal to 35 
     percent of the capital cost (as determined by the Secretary) 
     of the project or projects that the entity proposes to carry 
     out under this section with the investment.
       ``(2) If the Secretary conveys land or facilities to a 
     nongovernmental entity as all or part of an investment in the 
     entity under this section, the total value of the investment 
     by the Secretary under this section may not exceed an amount 
     equal to 45 percent of the capital cost (as determined by the 
     Secretary) of the project or projects that the entity 
     proposes to carry out under this section with the investment.
       ``(3) In this subsection, the term `capital cost', with 
     respect to a project for the acquisition, construction, 
     improvement, or rehabilitation of housing, means the total 
     amount of the costs included in the basis of the housing for 
     Federal income tax purposes.
       ``(d) Collateral Incentive Agreements.--The Secretary may 
     enter into collateral incentive agreements with 
     nongovernmental entities in which the Secretary makes an 
     investment under this section to ensure that a suitable 
     preference will be afforded members of the armed forces in 
     the lease or purchase, as the case may be, of a reasonable 
     number of the housing units covered by the investment.

     ``Sec. 676. Rental guarantees

       ``The Secretary may enter into agreements with private 
     persons that acquire, construct, improve, or rehabilitate 
     family housing units or unaccompanied housing units under 
     this subchapter in order to assure--
       ``(1) the occupancy of such units at levels specified in 
     the agreements; or
       ``(2) rental income derived from rental of such units at 
     levels specified in the agreements.

     ``Sec. 677. Differential lease payments

       ``The Secretary, pursuant to an agreement entered into by 
     the Secretary and a private lessor of family housing or 
     unaccompanied housing to members of the armed forces, may pay 
     the lessor an amount in addition to the rental payments for 
     the housing made by the members as the Secretary determines 
     appropriate to encourage the lessor to make the housing 
     available to members of the armed forces as family housing or 
     as unaccompanied housing.

     ``Sec. 678. Conveyance or lease of existing property and 
       facilities

       ``(a) Conveyance or Lease Authorized.--The Secretary may 
     convey or lease property or facilities (including support 
     facilities) to private persons for purposes of using the 
     proceeds of such conveyance or lease to carry out activities 
     under this subchapter.
       ``(b) Terms and Conditions.--(1) The conveyance or lease of 
     property or facilities under this section shall be for such 
     consideration and upon such terms and conditions as the 
     Secretary considers appropriate for the purposes of this 
     subchapter and to protect the interests of the United States.
       ``(2) As part or all of the consideration for a conveyance 
     or lease under this section, the purchaser or lessor (as the 
     case may be) may enter into an agreement with the Secretary 
     to ensure that a suitable preference will be afforded members 
     of the armed forces in the lease or sublease of a reasonable 
     number of the housing units covered by the conveyance or 
     lease, as the case may be, or in the lease of other suitable 
     housing units made available by the purchaser or lessee.
       ``(c) Inapplicability of Certain Property Management 
     Laws.--The conveyance or 

[[Page S 17401]]
     lease of property or facilities under this section shall not be subject 
     to the following provisions of law:
       ``(1) The Federal Property and Administrative Services Act 
     of 1949 (40 U.S.C. 471 et seq.).
       ``(2) Section 321 of the Act of June 30, 1932 (commonly 
     known as the Economy Act) (47 Stat. 412, chapter 314; 40 
     U.S.C. 303b).
       ``(3) The Stewart B. McKinney Homeless Assistance Act (42 
     U.S.C. 11301 et seq.).

     ``Sec. 679. Interim leases

       ``Pending completion of a project to acquire, construct, 
     improve, or rehabilitate family housing units or 
     unaccompanied housing units under this subchapter, the 
     Secretary may provide for the interim lease of such units of 
     the project as are complete. The term of a lease under this 
     section may not extend beyond the date of the completion of 
     the project concerned.

     ``Sec. 680. Unit size and type

       ``The Secretary shall ensure that the room patterns and 
     floor areas of family housing units and unaccompanied housing 
     units acquired, constructed, improved, or rehabilitated under 
     this subchapter are generally comparable to the room patterns 
     and floor areas of similar housing units in the locality 
     concerned.

     ``Sec. 681. Support facilities

       ``Any project for the acquisition, construction, 
     improvement, or rehabilitation of family housing units or 
     unaccompanied housing units under this subchapter may include 
     the acquisition, construction, or improvement of support 
     facilities for the housing units concerned.

     ``Sec. 682. Assignment of members of the armed forces to 
       housing units

       ``(a) In General.--The Secretary may assign members of the 
     armed forces to housing units acquired, constructed, 
     improved, or rehabilitated under this subchapter.
       ``(b) Effect of Certain Assignments on Entitlement to 
     Housing Allowances.--(1) Except as provided in paragraph (2), 
     housing referred to in subsection (a) shall be considered as 
     quarters of the United States or a housing facility under the 
     jurisdiction of a uniformed service for purposes of section 
     403(b) of title 37.
       ``(2) A member of the armed forces who is assigned in 
     accordance with subsection (a) to a housing unit not owned or 
     leased by the United States shall be entitled to a basic 
     allowance for quarters under section 403 of title 37 and, if 
     in a high housing cost area, a variable housing allowance 
     under section 403a of that title.
       ``(c) Lease Payments Through Pay Allotments.--The Secretary 
     may require members of the armed forces who lease housing in 
     housing units acquired, constructed, improved, or 
     rehabilitated under this subchapter to make lease payments 
     for such housing pursuant to allotments of the pay of such 
     members under section 701 of title 37.

     ``Sec. 683. Coast Guard Housing Improvement Fund

       ``(a) Establishment.--There is hereby established on the 
     books of the Treasury an account to be known as the Coast 
     Guard Housing Improvement Fund (in this section referred to 
     as the `Fund').
       ``(b) Credits to Fund.--There shall be credited to the Fund 
     the following:
       ``(1) Funds appropriated to the Fund.
       ``(2) Any funds that the Secretary may, to the extent 
     provided in appropriation Acts, transfer to the Fund from 
     funds appropriated to the Department of Transportation or 
     Coast Guard for family housing, except that such funds may be 
     transferred only after the Secretary transmits written notice 
     of, and justification for, such transfer to the appropriate 
     committees of Congress.
       ``(3) Any funds that the Secretary may, to the extent 
     provided in appropriations Acts, transfer to the Fund from 
     funds appropriated to the Department of Transportation or 
     Coast Guard for military unaccompanied housing or for the 
     operation and maintenance of military unaccompanied housing, 
     except that such funds may be transferred only after the 
     Secretary transmits written notice of, and justification for, 
     such transfer to the appropriate committees of Congress.
       ``(4) Proceeds from the conveyance or lease of property or 
     facilities under section 678 of this title.
       ``(5) Income from any activities under this subchapter, 
     including interest on loans made under section 673 of this 
     title, income and gains realized from investments under 
     section 675 of this title, and any return of capital invested 
     as part of such investments.
       ``(c) Use of Funds.--(1) To the extent provided in 
     appropriations Acts and except as provided in paragraphs (2) 
     and (3), the Secretary may use amounts in the Fund to carry 
     out activities under this subchapter (including activities 
     required in connection with the planning, execution, and 
     administration of contracts or agreements entered into under 
     the authority of this subchapter).
       ``(2)(A) Funds in the Fund that are derived from 
     appropriations or transfers of funds for military family 
     housing, or from income from activities under this subchapter 
     with respect to such housing, may be used in accordance with 
     paragraph (1) only to carry out activities under this 
     subchapter with respect to military family housing.
       ``(B) Funds in the Fund that are derived from 
     appropriations or transfers of funds for military 
     unaccompanied housing, or from income from activities under 
     this subchapter with respect to such housing, may be used in 
     accordance with paragraph (1) only to carry out activities 
     under this subchapter with respect to military unaccompanied 
     housing.
       ``(3) The Secretary may not enter into a contract or 
     agreement to carry out activities under this subchapter 
     unless the Fund contains sufficient amounts, as of the time 
     the contract or agreement is entered into, to satisfy the 
     total obligations to be incurred by the United States under 
     the contract or agreement.
       ``(d) Limitation on Amount of Budget Authority.--The total 
     value in budget authority of all contracts, agreements, and 
     investments undertaken using the authorities provided in this 
     subchapter shall not exceed $60,000,000.

     ``Sec. 684. Reports

       The Secretary shall include each year in the materials the 
     Secretary submits to the Congress in support of the budget 
     submitted by the President pursuant to section 1105 of title 
     31, United States Code, the following:
       ``(1) A report on the amount and nature of the deposits 
     into, and the expenditures from, the Coast Guard Housing 
     Improvement Fund established under section 683 of this title 
     during the preceding fiscal year.
       ``(2) A report on each contract or agreement for a project 
     for the acquisition, construction, improvement, or 
     rehabilitation of family housing units or unaccompanied 
     housing units that the Secretary proposes to solicit under 
     this subchapter, describing the project and the method of 
     participation of the United States in the project and 
     providing justification of such method of participation.
       ``(3) A methodology for evaluating the extent and 
     effectiveness of the use of the authorities under this 
     subchapter during such preceding fiscal year.
       ``(4) A description of the objectives of the Department of 
     Transportation for providing military family housing and 
     military unaccompanied housing for members of the Coast 
     Guard.

     ``Sec. 685. Expiration of authority

       ``The authority to enter into a transaction under this 
     subchapter shall expire 5 years after the date of the 
     enactment of the Coast Guard Authorization Act of 1995.

                             ``SUBCHAPTER B

     ``Sec. 691. Conveyance of damaged or deteriorated military 
       family housing; use of proceeds

       ``(a) Authority to Convey.--
       ``(1) Subject to paragraph (2), the Secretary may convey 
     any family housing facility that, due to damage or 
     deterioration, is in a condition that is uneconomical to 
     repair. Any conveyance of a family housing facility under 
     this section may include a conveyance of the real property 
     associated with the facility conveyed.
       ``(2) The aggregate total value of the family housing 
     facilities conveyed by the Secretary under the authority in 
     this subsection in any fiscal year may not exceed $5,000,000.
       ``(3) For purposes of this subsection, a family housing 
     facility is in a condition that is uneconomical to repair if 
     the cost of the necessary repairs for the facility would 
     exceed the amount equal to 70 percent of the cost of 
     constructing a family housing facility to replace such a 
     facility.
       ``(b) Consideration.--
       ``(1) As consideration for the conveyance of a family 
     housing facility under subsection (a), the person to whom the 
     facility is conveyed shall pay the United States an amount 
     equal to the fair market value of the facility conveyed, 
     including any real property conveyed along with the facility.
       ``(2) The Secretary shall determine the fair market value 
     of any family housing facility and associated real property 
     that is conveyed under subsection (a). Such determinations 
     shall be final.
       ``(c) Notice and Wait Requirements.--The Secretary may not 
     enter into an agreement to convey a family housing facility 
     under this section until--
       ``(1) the Secretary submits to the appropriate committees 
     of Congress, in writing, a justification for the conveyance 
     under the agreement, including--
       ``(A) an estimate of the consideration to be provided the 
     United States under the agreement;
       ``(B) an estimate of the cost of repairing the family 
     housing facility to be conveyed; and
       ``(C) an estimate of the cost of replacing the family 
     housing facility to be conveyed; and
       ``(2) a period of 21 calendar days has elapsed after the 
     date on which the justification is received by the 
     committees.
       ``(d) Inapplicability of Certain Property Disposal Laws.--
     The following provisions of law do not apply to the 
     conveyance of a family housing facility under this section:
       ``(1) The provisions of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
       ``(2) The provisions of the Stewart B. McKinney Homeless 
     Assistance Act (42 U.S.C. 11301 et seq.).
       ``(e) Use of Proceeds.--(1) The proceeds of any conveyance 
     of a family housing facility under this section shall be 
     credited to the Coast Guard Housing Improvement Fund (Fund) 
     established under section 683 of this title and available for 
     the purposes described in paragraph (2).
       ``(2) The proceeds of a conveyance of a family housing 
     facility under this section may be used for the following 
     purposes:
       ``(A) To construct family housing units to replace the 
     family housing facility conveyed 

[[Page S 17402]]
     under this section, but only to the extent that the number of units 
     constructed with such proceeds does not exceed the number of 
     units of military family housing of the facility conveyed.
       ``(B) To repair or restore existing military family 
     housing.
       ``(C) To reimburse the Secretary for the costs incurred by 
     the Secretary in conveying the family housing facility.
       ``(3) Notwithstanding section 683(c) of this title, 
     proceeds in the account under this subsection shall be 
     available under paragraph (1) for purposes described in 
     paragraph (2) without any further appropriation.
       ``(f) Description of Property.--The exact acreage and legal 
     description of any family housing facility conveyed under 
     this section, including any real property associated with 
     such facility, shall be determined by such means as the 
     Secretary considers satisfactory, including by survey in the 
     case of real property.
       ``(g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance of family housing facilities under this 
     section as the Secretary considers appropriate to protect the 
     interests of the United States.

     ``Sec. 692. Limited partnerships with private developers of 
       housing

       ``(a) Limited Partnerships.--(1) In order to meet the 
     housing requirements of members of the Coast Guard, and the 
     dependents of such members, at a military installation 
     described in paragraph (2), the Secretary of Transportation 
     may enter into a limited partnership with one or more private 
     developers to encourage the construction of housing and 
     accessory structures within commuting distance of the 
     installation. The Secretary may contribute not more than 35 
     percent of the development costs under a limited partnership.
       ``(2) Paragraph (1) applies to a military installation 
     under the jurisdiction of the Secretary at which there is a 
     shortage of suitable housing to meet the requirements of 
     members and dependents referred to in such paragraph.
       ``(b) Collateral Incentive Agreements.--The Secretary may 
     also enter into collateral incentive agreements with private 
     developers who enter into a limited partnership under 
     subsection (a) to ensure that, where appropriate--
       ``(1) a suitable preference will be afforded members of the 
     Coast Guard in the lease or purchase, as the case may be, of 
     a reasonable number of the housing units covered by the 
     limited partnership; or
       ``(2) the rental rates or sale prices, as the case may be, 
     for some or all of such units will be affordable for such 
     members.
       ``(c) Selection of Investment Opportunities.--
       ``(1) The Secretary shall use publicly advertised, 
     competitively bid or competitively negotiated, contracting 
     procedures, as provided in chapter 137 of title 10, United 
     States Code, to enter into limited partnerships under 
     subsection (a).
       ``(2) When a decision is made to enter into a limited 
     partnership under subsection (a), the Secretary shall submit 
     a report in writing to the appropriate committees of Congress 
     on that decision. Each such report shall include the 
     justification for the limited partnership, the terms and 
     conditions of the limited partnership, a description of the 
     development costs for projects under the limited partnership, 
     and a description of the share of such costs to be incurred 
     by the Secretary. The Secretary may then enter into the 
     limited partnership only after the end of the 21-day period 
     beginning on the date the report is received by such 
     committees.
       ``(d) Funds.--(1) Any proceeds received by the Secretary 
     from the repayment of investments or profits on investments 
     of the Secretary under subsection (a) shall be deposited into 
     the Coast Guard Housing Improvement Fund established under 
     section 683 of this title.
       ``(2) From such amounts as is provided in advance in 
     appropriation Acts, funds in the Coast Guard Housing 
     Improvement Fund shall be available to the Secretary for 
     contracts, investments, and expenses necessary for the 
     implementation of this section.
       ``(3) The Secretary may not enter into a contract in 
     connection with a limited partnership under subsection (a) or 
     a collateral incentive agreement under subsection (b) unless 
     a sufficient amount of the unobligated balance of the funds 
     in the Coast Guard Housing Improvement Fund is available to 
     the Secretary, as of the time the contract is entered into, 
     to satisfy the total obligations to be incurred by the United 
     States under the contract.
       ``(e) Transfer of Lands Prohibited.--Nothing in this 
     section shall be construed to permit the Secretary, as part 
     of a limited partnership entered into under this section, to 
     transfer the right, title, or interest of the United States 
     in any real property under the jurisdiction of the Secretary.
       ``(f) Expiration and Termination of Authorities.--The 
     authority to enter into a transaction under this section 
     shall expire 5 years after the date of the enactment of the 
     Coast Guard Authorization Act of 1995.''.
       (b) Final Report.--Not later than March 1, 2000, the 
     Secretary shall submit to Congress a report on the use by the 
     Secretary of the authorities provided by subchapter A of 
     chapter 18 of title 14, United States Code, as added by 
     subsection (a) of this section. The report shall assess the 
     effectiveness of such authority in providing for the 
     construction and improvement of military family housing and 
     military unaccompanied housing.
       (c) Clerical Amendment.--The table of chapters at the 
     beginning of part I of title 14, is amended by inserting 
     after the item relating to chapter 17 the following:

      ``18. Coast Guard Housing Authorities.....................671.''.

     SEC. 210. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE.

       (a) Remedies Deemed Exhausted.--Ten months after a complete 
     application for correction of military records is received by 
     the Board for Correction of Military Records of the Coast 
     Guard, administrative remedies are deemed to have been 
     exhausted, and--
       (1) if the Board has rendered a recommended decision, its 
     recommendation shall be final agency action and not subject 
     to further review or approval within the Department of 
     Transportation; or
       (2) if the Board has not rendered a recommended decision, 
     agency action is deemed to have been unreasonably delayed or 
     withheld and the applicant is entitled to--
       (A) an order under section 706(1) of title 5, United States 
     Code, directing final action be taken within 30 days from the 
     date the order is entered; and
       (B) from amounts appropriated to the Department of 
     Transportation, the costs of obtaining the order, including a 
     reasonable attorney's fee.
       (b) Existing Deadline Mandatory.--The 10-month deadline 
     established in section 212 of the Coast Guard Authorization 
     Act of 1989 (Public Law 101-225; 103 Stat. 1914) is 
     mandatory.
       (c) Special Right of Applications Under this Section.--This 
     section applies to any applicant who had an application filed 
     with or pending before the Board or the Secretary of 
     Transportation on or after June 12, 1990, who files with the 
     board an application for relief under this section. If a 
     recommended decision was modified or reversed on review with 
     final agency action occurring after expiration of the 10-
     month deadline, an applicant who so requests shall have the 
     order in the final decision vacated and receive the relief 
     granted in the recommended decision if the Coast Guard has 
     the legal authority to grant such relief. The recommended 
     decision shall otherwise have no effect as precedent.
       TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT

     SEC. 301. INCREASED PENALTIES FOR DOCUMENTATION VIOLATIONS.

       (a) Civil Penalty.-- Section 12122(a) of title 46, United 
     States Code, is amended by striking ``$500'' and inserting 
     ``$10,000''.
       (b) Seizure and Forfeiture.--
       (1) In general.-- Section 12122(b) of title 46, United 
     States Code, is amended to read as follows:
       ``(b) A vessel and its equipment are liable to seizure by 
     and forfeiture to the United States Government--
       ``(1) when the owner of a vessel or the representative or 
     agent of the owner knowingly falsifies or conceals a material 
     fact, or knowingly makes a false statement or representation 
     about the documentation or when applying for documentation of 
     the vessel;
       ``(2) when a certificate of documentation is knowingly and 
     fraudulently used for a vessel;
       ``(3) when a vessel is operated after its endorsement has 
     been denied or revoked under section 12123 of this title;
       ``(4) when a vessel is employed in a trade without an 
     appropriate trade endorsement;
       ``(5) when a documented vessel with only a recreational 
     endorsement is operated other than for pleasure; or
       ``(6) when a documented vessel, other than a vessel with 
     only a recreational endorsement operating within the 
     territorial waters of the United States, is placed under the 
     command of a person not a citizen of the United States.''.
       (2) Conforming amendment.--Section 12122(c) of title 46, 
     United States Code, is repealed.
       (c) Limitation on Operation of Vessel With Only 
     Recreational Endorsement.--Section 12110(c) of title 46, 
     United States Code, is amended to read as follows:
       ``(c) A vessel with only a recreational endorsement may not 
     be operated other than for pleasure.''.
       (d) Termination of Restriction on Command of Recreational 
     Vessels.--
       (1) Termination of restriction.--Subsection (d) of section 
     12110 of title 46, United States Code, is amended by 
     inserting ``, other than a vessel with only a recreational 
     endorsement operating within the territorial waters of the 
     United States,'' after ``A documented vessel''; and
       (2) Conforming amendment.--Section 12111(a)(2) of title 46, 
     United States Code, is amended by inserting before the period 
     the following: ``in violation of section 12110(d) of this 
     title''.

     SEC. 302. NONDISCLOSURE OF PORT SECURITY PLANS.

       Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 
     1226), is amended by adding at the end the following new 
     subsection (c):
       ``(c) Nondisclosure of Port Security Plans.--
     Notwithstanding any other provision of law, information 
     related to security plans, procedures, or programs for 
     passenger vessels or passenger terminals authorized under 
     this Act is not required to be disclosed to the public.''.

[[Page S 17403]]


     SEC. 303. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL 
                   PENALTY.

       (a) In General.--Chapter 21 of title 46, United States 
     Code, is amended by adding at the end a new section 2115 to 
     read as follows:

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

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

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

     SEC. 304. RENEWAL OF ADVISORY GROUPS.

       (a) Navigation Safety Advisory Council.--Section 5(d) of 
     the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is 
     amended by striking ``September 30, 1995'' and inserting 
     ``September 30, 2000''.
       (b) Commercial Fishing Industry Vessel Advisory 
     Committee.--Subsection (e)(1) of section 4508 of title 46, 
     United States Code, is amended by striking ``September 30, 
     1994'' and inserting ``September 30, 2000''.
       (c) Towing Safety Advisory Committee.--Subsection (e) of 
     the Act to Establish A Towing Safety Advisory Committee in 
     the Department of Transportation (33 U.S.C. 1231a(e)) is 
     amended by striking ``September 30, 1995'' and inserting 
     ``September 30, 2000''.
       (d) Houston-Galveston Navigation Safety Advisory 
     Committee.--The Coast Guard Authorization Act of 1991 (Public 
     Law 102-241, 105 Stat. 2208-2235) is amended by adding at the 
     end of section 18 the following:
       ``(h) The Committee shall terminate on September 30, 
     2000.''.
       (e) Lower Mississippi River Waterway Advisory Committee.--
     The Coast Guard Authorization Act of 1991 (Public Law 102-
     241, 105 Stat. 2208-2235) is amended by adding at the end of 
     section 19 the following:
       ``(g) The Committee shall terminate on September 30, 
     2000.''.

     SEC. 305. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS.

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

     SEC. 306. CIVIL PENALTIES.

       (a) Penalty for Failure To Report a Casualty.--Section 
     6103(a) of title 46, United States Code is amended by 
     striking ``$1,000'' and inserting ``not more than $25,000''.
       (b) Operation of Uninspected Towing Vessel in Violation of 
     Manning Requirements.--Section 8906 of title 46, United 
     States Code, is amended by striking ``$1,000'' and inserting 
     ``not more than $25,000''.

     SEC. 307. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT LAKES.

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

     SEC. 308. REPORT ON LORAN-C REQUIREMENTS.

       Not later than 6 months after the date of enactment of this 
     Act, the Secretary of Transportation, in cooperation with the 
     Secretary of Commerce, shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a plan prepared in consultation with users 
     of the LORAN-C radionavigation system defining the future use 
     of and funding for operations, maintenance, and upgrades of 
     the LORAN-C radionavigation system. The plan shall provide 
     for--
       (1) mechanisms to make full use of compatible satellite and 
     LORAN-C technology by all modes of transportation, the 
     telecommunications industry, and the National Weather 
     Service;
       (2) an appropriate timetable for transition from ground-
     based radionavigation technology after it is determined that 
     satellite-based technology is available as a sole means of 
     safe and efficient navigation and taking into consideration 
     the need to ensure that LORAN-C technology purchased by the 
     public before the year 2000 has a useful economic life; and
       (3) agencies in the Department of Transportation and other 
     relevant Federal agencies to share the Federal government's 
     costs related to LORAN-C technology.

     SEC. 309. RESTRICTIONS ON CLOSURE OF SMALL BOAT STATIONS.

       (a) Prohibition.-- The Secretary of Transportation 
     (hereinafter in this section referred to as the 
     ``Secretary'') shall not close any Coast Guard multi-mission 
     small boat station or subunit before October 1, 1996.
       (b) Closure Requirements.--After October 1, 1996, the 
     Secretary shall not close any Coast Guard multi-mission small 
     boat station or subunit unless the following requirements 
     have been met:
       (1) The Secretary shall determine that--
       (A) adequate search-and-rescue capabilities will maintain 
     the safety of the maritime public in the area of the station 
     or subunit; and
       (B) the closure will not result in degradation of services 
     (including but not limited to search and rescue, enforcement 
     of fisheries and other laws and treaties, recreational 
     boating safety, port safety and security, aids to navigation, 
     and military readiness) that would cause significant 
     increased threat to life, property, environment, public 
     safety or national security.
       (2) In making the decision to close a station or subunit, 
     the Secretary shall assess--
       (A) the benefit of the station or subunit in deterring or 
     preventing violations of applicable laws and regulations;
       (B) unique regional or local prevailing weather and marine 
     conditions including water temperature and unusual tide and 
     current conditions; and
       (C) other Federal, State, and local government capabilities 
     which could fully or partially substitute for services 
     provided by such station or subunit.
       (4) The Secretary shall develop a transition plan for the 
     area affected by the closure to ensure the Coast Guard 
     service needs of the area continue to be met.
       (5) The Secretary shall implement a process to--
       (A) notify the public of the intended closure;
       (B) make available to the public information used in making 
     the determination and assessment under this section; and
       (C) provide an opportunity for public participation, 
     including public meetings and the submission of and summary 
     response to written comments, with regard to the decision to 
     close the station or subunit and the development of a 
     transition plan.
       (c) Notification.--If, after the requirements of subsection 
     (b) are met and after consideration of public comment, the 
     Secretary decides to close a small-boat station or subunit, 
     the Secretary shall provide notification of that decision, at 
     least 60 days before the closure is effected, to the public, 
     the Committee on Commerce, Science and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.
       (d) Operational Flexibility.--Notwithstanding the 
     requirements of this section, the Secretary may implement any 
     management efficiencies within the small boat system, such as 
     modifying the operational posture of units or reallocating 
     resources as necessary to ensure the safety of the maritime 
     public nationwide, provided that no stations or subunits are 
     closed.

     SEC. 310. PENALTY FOR ALTERATION OF MARINE SAFETY EQUIPMENT.

       Section 3318(b) of title 46, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``A person''; and
       (2) by adding at the end thereof the following:
       ``(2) A person that knowingly alters lifesaving, fire 
     safety, or any other equipment subject to this part, so that 
     the equipment altered is so defective as to be insufficient 
     to accomplish the purpose for which it is intended, commits a 
     class D felony.''.

     SEC. 311. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE OF 
                   COAST GUARD VESSELS IN FOREIGN SHIPYARDS.

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

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

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

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

     SEC. 312. WITHHOLDING VESSEL CLEARANCE FOR VIOLATION OF 
                   CERTAIN ACTS.

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

[[Page S 17404]]

       ``(f) Withholding of Clearance.--(1) If any owner, 
     operator, or person in charge of a vessel is liable for a 
     penalty or fine under this section, or if reasonable cause 
     exists to believe that the owner, operator, or person in 
     charge may be subject to a penalty or fine under this 
     section, the Secretary of the Treasury, upon the request of 
     the Secretary, shall with respect to such vessel refuse or 
     revoke any clearance required by section 4197 of the Revised 
     Statutes of the United States (46 U.S.C. App. 91).
       ``(2) Clearance refused or revoked under this subsection 
     may be granted upon filing of a bond or other surety 
     satisfactory to the Secretary.''.
       (c) Inland Navigation Rules Act of 1980.--Section 4(d) of 
     the Inland Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) 
     is amended to read as follows:
       ``(d) Withholding of Clearance.--(1) If any owner, 
     operator, or person in charge of a vessel is liable for a 
     penalty under this section, or if reasonable cause exists to 
     believe that the owner, operator, or person in charge may be 
     subject to a penalty under this section, the Secretary of the 
     Treasury, upon the request of the Secretary, shall with 
     respect to such vessel refuse or revoke any clearance 
     required by section 4197 of the Revised Statutes of the 
     United States (46 U.S.C. App. 91).
       ``(2) Clearance or a permit refused or revoked under this 
     subsection may be granted upon filing of a bond or other 
     surety satisfactory to the Secretary.''.
       (d) Title 46, United States Code.--Section 3718(e) of title 
     46, United States Code, is amended to read as follows:
       ``(e)(1) If any owner, operator, or person in charge of a 
     vessel is liable for any penalty or fine under this section, 
     or if reasonable cause exists to believe that the owner, 
     operator, or person in charge may be subject to any penalty 
     or fine under this section, the Secretary of the Treasury, 
     upon the request of the Secretary, shall with respect to such 
     vessel refuse or revoke any clearance required by section 
     4197 of the Revised Statutes of the United States (46 U.S.C. 
     App. 91).
       ``(2) Clearance or a permit refused or revoked under this 
     subsection may be granted upon filing of a bond or other 
     surety satisfactory to the Secretary.''.
                    TITLE IV--COAST GUARD AUXILIARY

     SEC. 401. ADMINISTRATION OF THE COAST GUARD AUXILIARY.

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

     SEC. 402. PURPOSE OF THE COAST GUARD AUXILIARY.

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

     SEC. 403. MEMBERS OF THE AUXILIARY; STATUS.

       (a) Title 14, United States Code, is amended by inserting 
     after section 823 the following new section:

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

       ``(a) Except as otherwise provided in this chapter, a 
     member of the Coast Guard Auxiliary shall not be deemed to be 
     a Federal employee and shall not be subject to the provisions 
     of law relating to Federal employment, including those 
     relating to hours of work, rates of compensation, leave, 
     unemployment compensation, Federal employee benefits, ethics, 
     conflicts of interest, and other similar criminal or civil 
     statutes and regulations governing the conduct of Federal 
     employees. However, nothing in this subsection shall 
     constrain the Commandant from prescribing standards for the 
     conduct and behavior of members of the Auxiliary.
       ``(b) A member of the Auxiliary while assigned to duty 
     shall be deemed to be a Federal employee only for the 
     purposes of the following:
       ``(1) the Federal Tort Claims Act (28 U.S.C. 2671 et seq.), 
     the Military Claims Act (10 U.S.C. 2733), the Public Vessels 
     Act (46 U.S.C. App. 781-790), the Suits in Admiralty Act (46 
     U.S.C. App. 741-752), the Admiralty Extension Act (46 U.S.C. 
     App. 740), and for other noncontractual civil liability 
     purposes;
       ``(2) compensation for work injuries under chapter 81 of 
     title 5, United States Code; and
       ``(3) the resolution of claims relating to damage to or 
     loss of personal property of the member incident to service 
     under the Military Personnel and Civilian Employees' Claims 
     Act of 1964 (31 U.S.C. 3721).
       ``(c) A member of the Auxiliary, while assigned to duty, 
     shall be deemed to be a person acting under an officer of the 
     United States or an agency thereof for purposes of section 
     1442(a)(1) of title 28, United States Code.''.
       (b) The table of sections for chapter 23 of title 14, 
     United States Code, is amended by inserting the following new 
     item after the item relating to section 823:

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

     SEC. 404. ASSIGNMENT AND PERFORMANCE OF DUTIES.

       Title 14, United States Code, is amended by striking 
     ``specific'' each place it appears in sections 830, 831, and 
     832.

     SEC. 405. COOPERATION WITH OTHER AGENCIES, STATES, 
                   TERRITORIES, AND POLITICAL SUBDIVISIONS.

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

     SEC. 406. VESSEL DEEMED PUBLIC VESSEL.

       The text of section 827 of title 14, United States Code, is 
     amended to read as follows:
       ``While assigned to authorized Coast Guard duty, any 
     motorboat or yacht shall be deemed to be a public vessel of 
     the United States and a vessel of the Coast Guard within the 
     meaning of sections 646 and 647 of this title and other 
     applicable provisions of law.''.

     SEC. 407. AIRCRAFT DEEMED PUBLIC AIRCRAFT.

       The text of section 828 of title 14, United States Code, is 
     amended to read as follows:
       ``While assigned to authorized Coast Guard duty, any 
     aircraft shall be deemed to be a Coast Guard aircraft, a 
     public vessel of the United States, and a vessel of the Coast 
     Guard within the meaning of sections 646 and 647 of this 
     title and other applicable provisions of law. Subject to the 
     provisions of sections 823a and 831 of this title, while 
     assigned to duty, qualified Auxiliary pilots shall be deemed 
     to be Coast Guard pilots.''.

     SEC. 408. DISPOSAL OF CERTAIN MATERIAL.

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

     SEC. 501. STATE RECREATIONAL BOATING SAFETY GRANTS.

       (a) Transfer of Amounts for State Boating Safety 
     Programs.--
       (1) Transfers.--Section 4(b) of the Act of August 9, 1950 
     (16 U.S.C. 777c(b); commonly referred to as the ``Dingell-
     Johnson Sport Fish Restoration Act'') is amended to read as 
     follows:
       ``(b)(1) Of the balance of each annual appropriation 
     remaining after making the distribution under subsection (a), 
     an amount equal to $15,000,000 for fiscal year 1995, 
     $40,000,000 for fiscal year 1996, $55,000,000 for fiscal year 
     1997, and $69,000,000 for each of fiscal years 1998 and 1999, 
     shall, subject to paragraph (2), be used as follows:
       ``(A) A sum equal to $7,500,000 of the amount available for 
     fiscal year 1995, and a 

[[Page S 17405]]
     sum equal to $10,000,000 of the amount available for each of fiscal 
     years 1996 and 1997, shall be available for use by the 
     Secretary of the Interior for grants under section 5604(c) of 
     the Clean Vessel Act of 1992. Any portion of such a sum 
     available for a fiscal year that is not obligated for those 
     grants before the end of the following fiscal year shall be 
     transferred to the Secretary of Transportation and shall be 
     expended by the Secretary of Transportation for State 
     recreational boating safety programs under section 13106 of 
     title 46, United States Code.
       ``(B) A sum equal to $7,500,000 of the amount available for 
     fiscal year 1995, $30,000,000 of the amount available for 
     fiscal year 1996, $45,000,000 of the amount available for 
     fiscal year 1997, and $59,000,000 of the amount available for 
     each of fiscal years 1998 and 1999, shall be transferred to 
     the Secretary of Transportation and shall be expended by the 
     Secretary of Transportation for recreational boating safety 
     programs under section 13106 of title 46, United States Code.
       ``(C) A sum equal to $10,000,000 of the amount available 
     for each of fiscal years 1998 and 1999 shall be available for 
     use by the Secretary of the Interior for--
       ``(i) grants under section 502(e) of the Coast Guard 
     Authorization Act of 1995; and
       ``(ii) grants under section 5604(c) of the Clean Vessel Act 
     of 1992.

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

     SEC. 502. BOATING ACCESS.

       (a) Findings.--The Congress makes the following findings:
       (1) Nontrailerable recreational motorboats contribute 15 
     percent of the gasoline taxes deposited in the Aquatic 
     Resources Trust Fund while constituting less than 5 percent 
     of the recreational vessels in the United States.
       (2) The majority of recreational vessel access facilities 
     constructed with Aquatic Resources Trust Fund moneys benefit 
     trailerable recreational vessels.
       (3) More Aquatic Resources Trust Fund moneys should be 
     spent on recreational vessel access facilities that benefit 
     recreational vessels that are nontrailerable vessels.
       (b) Purpose.--The purpose of this section is to provide 
     funds to States for the development of public facilities for 
     transient nontrailerable vessels.
       (c) Survey.--Within 18 months after the date of the 
     enactment of this Act, any State may complete and submit to 
     the Secretary of the Interior a survey which identifies--
       (1) the number and location in the State of all public 
     facilities for transient nontrailerable vessels; and
       (2) the number and areas of operation in the State of all 
     nontrailerable vessels that operate on navigable waters in 
     the State.
       (d) Plan.--Within 6 months after submitting a survey to the 
     Secretary of the Interior in accordance with subsection (c), 
     an eligible State may develop and submit to the Secretary of 
     the Interior a plan for the construction and renovation of 
     public facilities for transient nontrailerable vessels to 
     meet the needs of nontrailerable vessels operating on 
     navigable waters in the State.
       (e) Grant Program.--
       (1) Matching grants.--The Secretary of the Interior shall 
     obligate not less than one-half of the amount made available 
     for each of fiscal years 1998 and 1999 under section 
     4(b)(1)(C) of the Act of August 9, 1950, as amended by 
     section 501(a)(1) of this Act, to make grants to any eligible 
     State to pay not more than 75 percent of the cost of 
     constructing or renovating public facilities for transient 
     nontrailerable vessels.
       (2) Priority.--
       (A) In general.--In awarding grants under this subsection, 
     the Secretary of the Interior shall give priority to projects 
     that consist of the construction or renovation of public 
     facilities for transient nontrailerable vessels in accordance 
     with a plan submitted by a State submitted under subsection 
     (d).
       (B) Within state.--In awarding grants under this subsection 
     for projects in a particular State, the Secretary of the 
     Interior shall give priority to projects that are likely to 
     serve the greatest number of nontrailerable vessels.
       (f) Definitions.--For the purpose of this section and 
     section 501 of this Act the term--
       (1) ``Act of August 9, 1950'' means the Act entitled ``An 
     Act to provide that the United States shall aid the States in 
     fish restoration and management projects, and for other 
     purposes'', approved August 9, 1950 (16 U.S.C. 777a et seq.);
       (2) ``nontrailerable vessel'' means a recreational vessel 
     greater than 26 feet in length;
       (3) ``public facilities for transient nontrailerable 
     vessels'' means mooring buoys, day-docks, seasonal slips or 
     similar structures located on navigable waters, that are 
     available to the general public and designed for temporary 
     use by nontrailerable vessels;
       (4) ``recreational vessel'' means a vessel--
       (A) operated primarily for pleasure; or
       (B) leased, rented, or chartered to another for the 
     latter's pleasure; and
       (5) ``State'' means each of the several States of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, Guam, American Samoa, the United States Virgin 
     Islands, and the Commonwealth of the Northern Marianas.

     SEC. 503. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN.

       (a) Prohibition.--Section 4307(a) of title 46, United 
     States Code, is amended--
       (1) by striking ``or'' after the semicolon in paragraph 
     (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting a semicolon and ``or''; and
       (3) by adding at the end the following:
       ``(4) operate a recreational vessel under 26 feet in length 
     unless each individual 6 years of age or younger wears a 
     Coast Guard approved personal flotation device when the 
     individual is on an open deck of the vessel.''.
       (b) State Authority Preserved.--Section 4307 of title 46, 
     United States Code, is amended by adding at the end thereof 
     the following:
       ``(c) Subsection (a)(4) shall not be construed to limit the 
     authority of a State to establish requirements relating to 
     the wearing of personal flotation devices on recreational 
     vessels that are more stringent than the requirements of that 
     subsection.''.
       (c) Penalty.--Section 4311 of title 46, United States Code, 
     is amended by adding at the end the following new subsection:
       ``(h) Notwithstanding any other provision of this section, 
     in the case of a person violating section 4307(a)(4) of this 
     title--
       ``(1) the maximum penalty assessable under subsection (a) 
     is a fine of $100 with no imprisonment; and
       ``(2) the maximum civil penalty assessable under subsection 
     (c) is $100.''.

     SEC. 504. MARINE CASUALTY REPORTING.

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

     SEC. 601. SHORT TITLE.

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

     SEC. 602. SAFETY MANAGEMENT.

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

                  ``Chapter 32--Management of Vessels

``Sec.
``3201. Definitions.
``3202. Application.
``3203. Safety management system.

[[Page S 17406]]

``3204. Implementation of safety management system.
``3205. Certification.

     ``Sec. 3201. Definitions

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

     ``Sec. 3202. Application

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

     ``Sec. 3203. Safety management system

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

     ``Sec. 3204. Implementation of safety management system

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

     ``Sec. 3205. Certification

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

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

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

     SEC. 603. USE OF REPORTS, DOCUMENTS, RECORDS, AND 
                   EXAMINATIONS OF OTHER PERSONS.

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

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

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

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

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

     SEC. 604. EQUIPMENT APPROVAL.

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

     SEC. 605. FREQUENCY OF INSPECTION.

       (a) Frequency of Inspection, Generally.--Section 3307 of 
     title 46, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``nautical school vessel'' and inserting 
     ``, nautical school vessel, and 

[[Page S 17407]]
     small passenger vessel allowed to carry more than 12 passengers on a 
     foreign voyage''; and
       (B) by adding ``and'' after the semicolon at the end;
       (2) by striking paragraph (2) and redesignating paragraph 
     (3) as paragraph (2); and
       (3) in paragraph (2) (as so redesignated), by striking ``2 
     years'' and inserting ``5 years''.
       (b) Conforming Amendment.--Section 3710(b) of title 46, 
     United States Code, is amended by striking ``24 months'' and 
     inserting ``5 years''.

     SEC. 606. CERTIFICATE OF INSPECTION.

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

     SEC. 607. DELEGATION OF AUTHORITY OF SECRETARY TO 
                   CLASSIFICATION SOCIETIES.

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

     ``Sec. 3316. Classification societies''.

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

``3316. Classification societies.''.
             TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS

     SEC. 701. AMENDMENT OF INLAND NAVIGATION RULES.

       Section 2 of the Inland Navigational Rules Act of 1980 is 
     amended--
       (1) by amending Rule 9(e)(i) (33 U.S.C. 2009(e)(i)) to read 
     as follows:
       ``(i) In a narrow channel or fairway when overtaking, the 
     power-driven vessel intending to overtake another power-
     driven vessel shall indicate her intention by sounding the 
     appropriate signal prescribed in Rule 34(c) and take steps to 
     permit safe passing. The power-driven vessel being overtaken, 
     if in agreement, shall sound the same signal and may, if 
     specifically agreed to take steps to permit safe passing. If 
     in doubt she shall sound the danger signal prescribed in Rule 
     34(d).'';
       (2) in Rule 15(b) (33 U.S.C. 2015(b)) by inserting ``power-
     driven'' after ``Secretary, a'';
       (3) in Rule 23(a)(i) (33 U.S.C. 2023(a)(i)) after 
     ``masthead light forward''; by striking ``except that a 
     vessel of less than 20 meters in length need not exhibit this 
     light forward of amidships but shall exhibit it as far 
     forward as is practicable;'';
       (4) by amending Rule 24(f) (33 U.S.C. 2024(f)) to read as 
     follows:
       ``(f) Provided that any number of vessels being towed 
     alongside or pushed in a group shall be lighted as one 
     vessel, except as provided in paragraph (iii)--
       ``(i) a vessel being pushed ahead, not being part of a 
     composite unit, shall exhibit at the forward end, sidelights 
     and a special flashing light;
       ``(ii) a vessel being towed alongside shall exhibit a 
     sternlight and at the forward end, sidelights and a special 
     flashing light; and
       ``(iii) when vessels are towed alongside on both sides of 
     the towing vessels a stern light shall be exhibited on the 
     stern of the outboard vessel on each side of the towing 
     vessel, and a single set of sidelights as far forward and as 
     far outboard as is practicable, and a single special flashing 
     light.'';
       (5) in Rule 26 (33 U.S.C. 2026)--
       (A) in each of subsections (b)(i) and (c)(i) by striking 
     ``a vessel of less than 20 meters in length may instead of 
     this shape exhibit a basket;''; and
       (B) by amending subsection (d) to read as follows:
       ``(d) The additional signals described in Annex II to these 
     Rules apply to a vessel engaged in fishing in close proximity 
     to other vessels engaged in fishing.''; and
       (6) by amending Rule 34(h) (33 U.S.C. 2034) to read as 
     follows:
       ``(h) A vessel that reaches agreement with another vessel 
     in a head-on, crossing, or overtaking situation, as for 
     example, by using the radiotelephone as prescribed by the 
     Vessel Bridge-to-Bridge Radiotelephone Act (85 Stat. 164; 33 
     U.S.C. 1201 et seq.), is not obliged to sound the whistle 
     signals prescribed by this rule, but may do so. If agreement 
     is not reached, then whistle signals shall be exchanged in a 
     timely manner and shall prevail.''.

     SEC. 702. MEASUREMENT OF VESSELS.

       Section 14104 of title 46, United States Code, is amended 
     by redesignating the existing text after the section heading 
     as subsection (a) and by adding at the end the following new 
     subsection:
       ``(b) If a statute allows for an alternate tonnage to be 
     prescribed under this section, the Secretary may prescribe it 
     by regulation. Any such regulation shall be considered to be 
     an interpretive regulation for purposes of section 553 of 
     title 5. Until an alternate tonnage is prescribed, the 
     statutorily established tonnage shall apply to vessels 
     measured under chapter 143 or chapter 145 of this title.''.

     SEC. 703. LONGSHORE AND HARBOR WORKERS COMPENSATION.

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

     SEC. 704. RADIOTELEPHONE REQUIREMENTS.

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

     SEC. 705. VESSEL OPERATING REQUIREMENTS.

       Section 4(a)(3) of the Ports and Waterways Safety Act (33 
     U.S.C. 1223(a)(3)) is amended by inserting after ``300 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 706. MERCHANT MARINE ACT, 1920.

       Section 27A of the Merchant Marine Act, 1920 (46 U.S.C. 
     App. 883-1), is amended by inserting after ``five hundred 
     gross tons'' the following: ``as measured under section 14502 
     of title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title,''.

     SEC. 707. MERCHANT MARINE ACT, 1956.

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

     SEC. 708. MARITIME EDUCATION AND TRAINING.

       Section 1302(4)(A) of the Merchant Marine Act, 1936 (46 
     U.S.C. App. 1295a(4)(a)) is amended by inserting after 
     ``1,000 gross tons or more'' the following: ``as measured 
     under section 14502 of title 46, United States Code, or an 
     alternate tonnage measured under section 14302 of that title 
     as prescribed by the Secretary under section 14104 of that 
     title''.

     SEC. 709. GENERAL DEFINITIONS.

       Section 2101 of title 46, United States Code, is amended--
       (1) in paragraph (13), by inserting after ``15 gross tons'' 
     the following: ``as measured under section 14502 of this 
     title, or an alternate tonnage measured under section 14302 
     of this title as prescribed by the Secretary under section 
     14104 of this title'';
       (2) in paragraph (13a), by inserting after ``3,500 gross 
     tons'' the following: ``as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this title as prescribed by the Secretary under 
     section 14104 of this title'';
       (3) in paragraph (19), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this title as prescribed by the Secretary under 
     section 14104 of this title'';
       (4) in paragraph (22), by inserting after ``100 gross 
     tons'' the following: ``as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this title as prescribed by the Secretary under 
     section 14104 of this title'';
       (5) in paragraph (30)(A), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this title as prescribed by the Secretary under 
     section 14104 of this title'';
       (6) in paragraph (32), by inserting after ``100 gross 
     tons'' the following: ``as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this title as prescribed by the Secretary under 
     section 14104 of this title'';
       (7) in paragraph (33), by inserting after ``300 gross 
     tons'' the following: ``as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of 

[[Page S 17408]]
     this title as prescribed by the Secretary under section 14104 of this 
     title'';
       (8) in paragraph (35), by inserting after ``100 gross 
     tons'' the following: ``as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this title as prescribed by the Secretary under 
     section 14104 of this title''; and
       (9) in paragraph (42), by inserting after ``100 gross 
     tons'' each place it appears, the following: ``as measured 
     under section 14502 of this title, or an alternate tonnage 
     measured under section 14302 of this title as prescribed by 
     the Secretary under section 14104 of this title''.

     SEC. 710. AUTHORITY TO EXEMPT CERTAIN VESSELS.

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

     SEC. 711. INSPECTION OF VESSELS.

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

     SEC. 712. REGULATIONS.

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

     SEC. 713. PENALTIES--INSPECTION OF VESSELS.

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

     SEC. 714. APPLICATION--TANK VESSELS.

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

     SEC. 715. TANK VESSEL CONSTRUCTION STANDARDS.

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

     SEC. 716. TANKER MINIMUM STANDARDS.

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

     SEC. 717. SELF-PROPELLED TANK VESSEL MINIMUM STANDARDS.

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

     SEC. 718. DEFINITION--ABANDONMENT OF BARGES.

       Section 4701(1) of title 46, United States Code, is amended 
     by inserting after ``100 gross tons'' the following: ``as 
     measured under section 14502 of this title, or an alternate 
     tonnage measured under section 14302 of this title as 
     prescribed by the Secretary under section 14104 of this 
     title''.

     SEC. 719. APPLICATION--LOAD LINES.

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

     SEC. 720. LICENSING OF INDIVIDUALS.

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

     SEC. 721. ABLE SEAMEN--LIMITED.

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

     SEC. 722. ABLE SEAMEN--OFFSHORE SUPPLY VESSELS.

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

     SEC. 723. SCALE OF EMPLOYMENT--ABLE SEAMEN.

       Section 7312 of title 46, United States Code, is amended--
       (1) in subsection (b), by inserting after ``1,600 gross 
     tons'' the following: ``as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this title as prescribed by the Secretary under 
     section 14104 of this title'';
       (2) in subsection (c)(1), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this title as prescribed by the Secretary under 
     section 14104 of this title'';

[[Page S 17409]]

       (3) in subsection (d), by inserting after ``500 gross 
     tons'' the following: ``as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this title as prescribed by the Secretary under 
     section 14104 of this title'';
       (4) in subsection (f)(1), by inserting after ``5,000 gross 
     tons'' the following: ``as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this title as prescribed by the Secretary under 
     section 14104 of this title''; and
       (5) in subsection (f)(2), by inserting after ``5,000 gross 
     tons'' the following: ``as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this title as prescribed by the Secretary under 
     section 14104 of this title''.

     SEC. 724. GENERAL REQUIREMENTS--ENGINE DEPARTMENT.

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

     SEC. 725. COMPLEMENT OF INSPECTED VESSELS.

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

     SEC. 726. WATCHMEN.

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

     SEC. 727. CITIZENSHIP AND NAVAL RESERVE REQUIREMENTS.

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

     SEC. 728. WATCHES.

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

     SEC. 729. MINIMUM NUMBER OF LICENSED INDIVIDUALS.

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

     SEC. 730. OFFICERS' COMPETENCY CERTIFICATES CONVENTION.

       Section 8304(b)(4) of title 46, United States Code, is 
     amended by inserting after ``200 gross tons'' the following: 
     ``as measured under section 14502 of this title, or an 
     alternate tonnage measured under section 14302 of this title 
     as prescribed by the Secretary under section 14104 of this 
     title''.

     SEC. 731. MERCHANT MARINERS' DOCUMENTS REQUIRED.

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

     SEC. 732. CERTAIN CREW REQUIREMENTS.

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

     SEC. 733. FREIGHT VESSELS.

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

     SEC. 734. EXEMPTIONS.

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

     SEC. 735. UNITED STATES REGISTERED PILOT SERVICE.

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

     SEC. 736. DEFINITIONS--MERCHANT SEAMEN PROTECTION.

       Section 10101(4)(B) of title 46, United States Code, is 
     amended by inserting after ``1,600 gross tons'' the 
     following: ``as measured under section 14502 of this title, 
     or an alternate tonnage measured under section 14302 of this 
     title as prescribed by the Secretary under section 14104 of 
     this title''.

     SEC. 737. APPLICATION--FOREIGN AND INTERCOASTAL VOYAGES.

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

     SEC. 738. APPLICATION--COASTWISE VOYAGES.

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

     SEC. 739. FISHING AGREEMENTS.

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

     SEC. 740. ACCOMMODATIONS FOR SEAMEN.

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

     SEC. 741. MEDICINE CHESTS.

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

     SEC. 742. LOGBOOK AND ENTRY REQUIREMENTS.

       Section 11301(a)(2) of title 46, United States Code, is 
     amended by inserting after ``100 gross tons'' the following: 
     ``as measured under section 14502 of this title, or an 
     alternate tonnage measured under section 14302 of this title 
     as prescribed by the Secretary under section 14104 of this 
     title''.

     SEC. 743. COASTWISE ENDORSEMENTS.

       Section 12106(c)(1) of title 46, United States Code, is 
     amended by striking ``two hundred 

[[Page S 17410]]
     gross tons'' and inserting ``200 gross tons as measured under section 
     14502 of this title, or an alternate tonnage measured under 
     section 14302 of this title as prescribed by the Secretary 
     under section 14104 of this title''.

     SEC. 744. FISHERY ENDORSEMENTS.

       Section 12108(c)(1) of title 46, United States Code, is 
     amended by striking ``two hundred gross tons'' and inserting 
     ``200 gross tons as measured under section 14502 of this 
     title, or an alternate tonnage measured under section 14302 
     of this title as prescribed by the Secretary under section 
     14104 of this title''.

     SEC. 745. CONVENTION TONNAGE FOR LICENSES, CERTIFICATES, AND 
                   DOCUMENTS.

       (a) Authority To Use Convention Tonnage.--Chapter 75 of 
     title 46, United States Code, is amended by adding at the end 
     the following:

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

       ``Notwithstanding any provision of section 14302(c) or 
     14305 of this title, the Secretary may--
       ``(1) evaluate the service of an individual who is applying 
     for a license, a certificate of registry, or a merchant 
     mariner's document by using the tonnage as measured under 
     chapter 143 of this title for the vessels on which that 
     service was acquired, and
       ``(2) issue the license, certificate, or document based on 
     that service.''.
       (b) Clerical Amendment.--The analysis to chapter 75 of 
     title 46, United States Code, is amended by adding a new item 
     as follows:

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

     SEC. 746. TECHNICAL CORRECTIONS.

       (a) Title 46, United States Code, is amended--
       (1) by striking the first section 12123 in chapter 121;
       (2) by striking the first item relating to section 12123 in 
     the table of sections for such chapter 121;
       (3) by striking ``proceeding'' in section 13108(a)(1) and 
     inserting ``preceding''; and
       (4) by striking ``Secertary'' in section 13108(a)(1) and 
     inserting ``Secretary''.
       (b) Section 645 of title 14, United States Code, is amended 
     by redesignating the second subsection (d) and subsections 
     (e) through (h) as subsection (e) and subsections (f) through 
     (i), respectively.
                    TITLE VIII--POLLUTION FROM SHIPS

     SEC. 801. PREVENTION OF POLLUTION FROM SHIPS.

       (a) In General.--Section 6 of the Act to Prevent Pollution 
     From Ships (33 U.S.C. 1905) is amended--
       (1) by striking ``(2) If'' in subsection (c)(2) and 
     inserting ``(2)(A) Subject to subparagraph (B), if''; and
       (2) by adding at the end of subsection (c)(2) the 
     following:
       ``(B) The Secretary may not issue a certificate attesting 
     to the adequacy of reception facilities under this paragraph 
     unless, prior to the issuance of the certificate, the 
     Secretary conducts an inspection of the reception facilities 
     of the port or terminal that is the subject of the 
     certificate.
       ``(C) The Secretary may, with respect to certificates 
     issued under this paragraph prior to the date of enactment of 
     the Coast Guard Authorization Act of 1995, prescribe by 
     regulation differing periods of validity for such 
     certificates.'';
       (3) by striking subsection (c)(3)(A) and inserting the 
     following:
       ``(A) is valid for the 5-year period beginning on the date 
     of issuance of the certificate, except that if--
       ``(i) the charge for operation of the port or terminal is 
     transferred to a person or entity other than the person or 
     entity that is the operator on the date of issuance of the 
     certificate--

       ``(I) the certificate shall expire on the date that is 30 
     days after the date of the transfer; and
       ``(II) the new operator shall be required to submit an 
     application for a certificate before a certificate may be 
     issued for the port or terminal; or

       ``(ii) the certificate is suspended or revoked by the 
     Secretary, the certificate shall cease to be valid; and''; 
     and
       (4) by striking subsection (d) and inserting the following:
       ``(d)(1) The Secretary shall maintain a list of ports or 
     terminals with respect to which a certificate issued under 
     this section--
       ``(A) is in effect; or
       ``(B) has been revoked or suspended.
       ``(2) The Secretary shall make the list referred to in 
     paragraph (1) available to the general public.''.
       (b) Reception Facility Placards.--Section 6(f) of the Act 
     to Prevent Pollution From Ships (33 U.S.C. 1905(f)) is 
     amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) Not later than 18 months after the date of 
     enactment of the Coast Guard Authorization Act of 1995, the 
     Secretary shall promulgate regulations that require the 
     operator of each port or terminal that is subject to any 
     requirement of the MARPOL Protocol relating to reception 
     facilities to post a placard in a location that can easily be 
     seen by port and terminal users. The placard shall state, at 
     a minimum, that a user of a reception facility of the port or 
     terminal should report to the Secretary any inadequacy of the 
     reception facility.''.

     SEC. 802. MARINE PLASTIC POLLUTION RESEARCH AND CONTROL.

       (a) Compliance Reports.--Section 2201(a) of the Marine 
     Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 
     1902 note) is amended--
       (1) by striking ``for a period of 6 years''; and
       (2) by inserting before the period at the end the 
     following: ``and, not later than 1 year after the date of 
     enactment of the Coast Guard Authorization Act of 1995, and 
     annually thereafter, shall publish in the Federal Register a 
     list of the enforcement actions taken against any domestic or 
     foreign ship (including any commercial or recreational ship) 
     pursuant to the Act to Prevent Pollution from Ships (33 
     U.S.C. 1901 et seq.)''.
       (b) Coordination.--Section 2203 of the Marine Protection, 
     Research, and Sanctuaries Act of 1972 (33 U.S.C. 2803) is 
     amended to read as follows:

     ``SEC. 2203. COORDINATION.

       ``(a) Establishment of Marine Debris Coordinating 
     Committee.--The Secretary of Commerce shall establish a 
     Marine Debris Coordinating Committee.
       ``(b) Membership.--The Committee shall include a senior 
     official from--
       ``(1) the National Oceanic and Atmospheric Administration, 
     who shall serve as the Chairperson of the Committee;
       ``(2) the Environmental Protection Agency;
       ``(3) the United States Coast Guard;
       ``(4) the United States Navy; and
       ``(5) such other Federal agencies that have an interest in 
     ocean issues or water pollution prevention and control as the 
     Secretary of Commerce determines appropriate.
       ``(c) Meetings.--The Committee shall meet at least twice a 
     year to provide a forum to ensure the coordination of 
     national and international research, monitoring, education, 
     and regulatory actions addressing the persistent marine 
     debris problem.
       ``(d) Monitoring.--The Secretary of Commerce, acting 
     through the Administrator of the National Oceanic and 
     Atmospheric Administration, in cooperation with the 
     Administrator of the Environmental Protection Agency, shall 
     utilize the marine debris data derived under title V of the 
     Marine Protection, Research, and Sanctuaries Act of 1972 (33 
     U.S.C. 2801 et seq.) to assist--
       ``(1) the Committee in ensuring coordination of research, 
     monitoring, education and regulatory actions; and
       ``(2) the United States Coast Guard in assessing the 
     effectiveness of this Act and the Act to Prevent Pollution 
     from Ships in ensuring compliance under section 2201.''.
       (c) Public Outreach Program.--Section 2204(a) of the Marine 
     Plastic Pollution Research and Control Act (42 U.S.C. 6981 
     note) is amended--
       (1) by striking ``for a period of at least 3 years,'' in 
     the matter preceding paragraph (1)(A)--
       (2) by striking ``and'' at the end of paragraph (1)(C);
       (3) by striking the period at the end of subparagraph 
     (1)(D) and inserting ``; and'';
       (4) by adding at the end of paragraph (1) the following:
       ``(E) the requirements under this Act and the Act to 
     Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) with 
     respect to ships and ports, and the authority of citizens to 
     report violations of this Act and the Act to Prevent 
     Pollution from Ships (33 U.S.C. 1901 et seq.).''; and
       (5) by striking paragraph (2) and inserting the following:
       ``(2) Authorized activities.--
       ``(A) Public outreach program.--A public outreach program 
     under paragraph (1) may include--
       ``(i) developing and implementing a voluntary boaters' 
     pledge program;
       ``(ii) workshops with interested groups;
       ``(iii) public service announcements;
       ``(iv) distribution of leaflets and posters; and
       ``(v) any other means appropriate to educating the public.
       ``(B) Grants and cooperative agreements.--To carry out this 
     section, the Secretary of the department in which the Coast 
     Guard is operating, the Secretary of Commerce, and the 
     Administrator of the Environmental Protection Agency are 
     authorized to award grants, enter into cooperative agreements 
     with appropriate officials of other Federal agencies and 
     agencies of States and political subdivisions of States and 
     with public and private entities, and provide other financial 
     assistance to eligible recipients.
       ``(C) Consultation.--In developing outreach initiatives for 
     groups that are subject to the requirements of this title and 
     the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et 
     seq.), the Secretary of the department in which the Coast 
     Guard is operating, in consultation with the Secretary of 
     Commerce, acting through the Administrator of the National 
     Oceanic and Atmospheric Administration, and the Administrator 
     of the Environmental Protection Agency, shall consult with--
       ``(i) the heads of State agencies responsible for 
     implementing State boating laws; and
       ``(ii) the heads of other enforcement agencies that 
     regulate boaters or commercial fishermen.''.

[[Page S 17411]]

                 TITLE IX--LAW ENFORCEMENT ENHANCEMENT

     SEC. 901. SANCTIONS FOR FAILURE TO LAND OR TO BRING TO; 
                   SANCTIONS FOR OBSTRUCTION OF BOARDING AND 
                   PROVIDING FALSE INFORMATION.

       (a) In General.--Chapter 109 of title 18, United States 
     Code, is amended by adding at the end new section 2237 to 
     read as follows:

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

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

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

     SEC. 902. FAA SUMMARY REVOCATION AUTHORITY.

       (a) Title 49, United States Code, is amended by adding 
     after section 44106 the following new section:

     ``Sec. 44106a. Summary revocation of aircraft certificate

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

``44106a. Summary revocation of aircraft certificate.''.

       (c) Title 49, United States Code, is amended by adding 
     after section 44710 the following new section:

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

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

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

     SEC. 903. COAST GUARD AIR INTERDICTION AUTHORITY.

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

     ``Sec. 96. Air interdiction authority

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

``96. Air interdiction authority.''.

     SEC. 904. COAST GUARD CIVIL PENALTY PROVISIONS.

       (a) In General.--Chapter 17 of title 14, United States 
     Code, is amended by adding at the end the following new 
     section:

[[Page S 17412]]


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

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

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

     SEC. 905. CUSTOMS ORDERS.

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

     SEC. 906. CUSTOMS CIVIL PENALTY PROVISIONS.

       Part V of title IV of the Tariff Act of 1930 (19 U.S.C. 
     1581 et seq.) is amended by adding a new section 591 (19 
     U.S.C. 1591) as follows:

     ``SEC. 591. CIVIL PENALTY FOR FAILURE TO OBEY AN ORDER TO 
                   LAND.

       ``(a) The pilot, operator, or person in charge of an 
     aircraft who knowingly fails to comply with an order of an 
     authorized Federal law enforcement officer relating to the 
     landing of an aircraft issued under the authority of section 
     581 of this Act, or section 2237 of title 18, United States 
     Code, and communicated according to regulations promulgated 
     under section 2237 of title 18, United States Code, shall be 
     liable for a civil penalty of not more than $15,000.
       ``(b) An aircraft used to knowingly violate an order 
     relating to the landing of an aircraft issued under the 
     authority of section 581 of this Act, or section 2237 of 
     title 18, United States Code, is also liable in rem and may 
     be seized, forfeited, and sold in accordance with Customs 
     law, specifically section 1594 of Title 19, United States 
     Code.''.
                          TITLE X--CONVEYANCES

     SEC. 1001. CONVEYANCE OF PROPERTY IN MASSACHUSETTS.

       (a) Authority to Convey.--
       (1) In general.--The Secretary shall convey, by an 
     appropriate means of conveyance, all right, title, and 
     interest of the United States in and to the properties 
     described in paragraph (3) to the persons to whom each such 
     property is to be conveyed under that paragraph.
       (2) Identification of property.--The Secretary may 
     identify, describe, and determine each property to be 
     conveyed pursuant to this subsection.
       (3) Properties conveyed.--
       (A) Cape ann lighthouse.--The Secretary shall convey to the 
     town of Rockport, Massachusetts, by an appropriate means of 
     conveyance, all right, title, and interest of the United 
     States in and to the property comprising the Cape Ann 
     Lighthouse, located on Thacher Island, Massachusetts.
       (B) Coast guard property in gosnold, massachusetts.--The 
     Secretary may convey to the town of Gosnold, Massachusetts, 
     without reimbursement and by no later than 120 days after the 
     date of enactment of this Act, all right, title, and interest 
     of the United States in and to the property known as the 
     ``United States Coast Guard Cuttyhunk Boathouse and Wharf'' 
     located in the town of Gosnold, Massachusetts.
       (b) Terms of Conveyance.--
       (1) In general.--The conveyance of property pursuant to 
     this section shall be made--
       (A) without payment of consideration; and
       (B) subject to the conditions required by paragraphs (3), 
     (4), and (5) and other terms and conditions the Secretary may 
     consider appropriate.
       (2) Reversionary interest.--In addition to any term or 
     condition established pursuant to paragraph (1), the 
     conveyance of property pursuant to this section shall be 
     subject to the condition that all right, title, and interest 
     in the property conveyed shall immediately revert to the 
     United States if the property, or any part of the property
       (A) ceases to be maintained in a manner that ensures its 
     present or future use as a Coast Guard aid to navigation; or
       (B) ceases to be maintained in a manner consistent with the 
     provisions of the National Historic Preservation Act of 1966 
     (16 U.S.C. 470 et seq.).
       (3) Maintenance of navigation functions.--The conveyance of 
     property pursuant to this section shall be made subject to 
     the conditions that the Secretary considers to be necessary 
     to assure that--
       (A) the lights, antennas, and associated equipment located 
     on the property conveyed, which are active aids to 
     navigation, shall continue to be operated and maintained by 
     the United States;
       (B) the person to which the property is conveyed may not 
     interfere or allow interference in any manner with aids to 
     navigation without express written permission from the 
     Secretary;
       (C) there is reserved to the United States the right to 
     relocate, replace, or add any aid to navigation or make any 
     changes to the property conveyed as may be necessary for 
     navigational purposes;
       (D) the United States shall have the right, at any time, to 
     enter the property without notice for the purpose of 
     maintaining aids to navigation; and
       (E) the United States shall have an easement of access to 
     the property for the purpose of maintaining the aids to 
     navigation in use on the property.
       (4) Obligation limitation.--The person to which the 
     property is conveyed is not required to maintain any active 
     aid to navigation equipment on property conveyed pursuant to 
     this section.
       (5) Maintenance of property.--The person to which the 
     property is conveyed shall maintain the property in 
     accordance with the National Historic Preservation Act of 
     1966 (16 U.S.C. 470 et seq.), and other applicable laws.
       (c) Definitions.--For purposes of this section--
       (1) the term ``Cape Ann Lighthouse'' means the Coast Guard 
     property located on Thacher Island, Massachusetts, except any 
     historical artifact, including any lens or lantern, located 
     on the property at or before the time of the conveyance;
       (2) the term ``United States Coast Guard Cuttyhunk 
     Boathouse and Wharf'' means real property located in the town 
     of Gosnold, Massachusetts (including all buildings, 
     structures, equipment, and other improvements), as determined 
     by the Secretary of Transportation; and
       (3) the term ``Secretary'' means the Secretary of 
     Transportation.

     SEC. 1002. CONVEYANCE OF CERTAIN LIGHTHOUSES LOCATED IN 
                   MAINE.

       (a) Authority to Convey.--
       (1) In general.--The Secretary of Transportation (in this 
     section referred to as the ``Secretary'') may convey to the 
     Island Institute, Rockland, Maine, (in this section referred 
     to as the ``Institute''), by an appropriate means of 
     conveyance, all right, title, and interest of the United 
     States in and to any of the facilities and real property and 
     improvements described in paragraph (2).
       (2) Identification of properties.--Paragraph (1) applies to 
     lighthouses, together with any real property and other 
     improvements associated therewith, located in the State of 
     Maine as follows:
       (A) Whitehead Island Light.
       (B) Deer Island Thorofare (Mark Island) Light.
       (C) Burnt Island Light.
       (D) Rockland Harbor Breakwater Light.
       (E) Monhegan Island Light.
       (F) Eagle Island Light.
       (G) Curtis Island Light.
       (H) Moose Peak Light.
       (I) Great Duck Island Light.
       (J) Goose Rocks Light.
       (K) Isle au Haut Light.
       (L) Goat Island Light.
       (M) Wood Island Light.
       (N) Doubling Point Light.
       (O) Doubling Point Front Range Light.
       (P) Doubling Point Rear Range Light.
       (Q) Little River Light.
       (R) Spring Point Ledge Light.
       (S) Ram Island Light (Boothbay).
       (T) Seguin Island Light.
       (U) Marshall Point Light.
       (V) Fort Point Light.
       (W) West Quoddy Head Light.
       (X) Brown's Head Light.
       (Y) Cape Neddick Light.
       (Z) Halfway Rock Light.
       (AA) Ram Island Ledge Light.
       (BB) Mount Desert Rock Light.
       (CC) Whitlock's Mill Light.
       (DD) Nash Island Light.
       (EE) Manana Island Fog Signal Station.
       (3) Deadline for conveyance.--The conveyances authorized by 
     this subsection shall take place not later than 5 years after 
     the date of the enactment of this Act.
       (4) Additional conveyances to united states fish and 
     wildlife service.--The Secretary may transfer, in accordance 
     with the terms and conditions of subsection (b), the 
     following lighthouses, together with any real property and 
     improvements associated therewith, directly to the United 
     States Fish and Wildlife Service:
       (A) Two Bush Island Light.
       (B) Egg Rock Light.
       (C) Libby Island Light.
       (D) Matinicus Rock Light.
       (b) Terms of Conveyance.--
       (1) In general.--The conveyance of property pursuant to 
     this section shall be made--
       (A) without payment of consideration; and 

[[Page S 17413]]

       (B) subject to the conditions required by paragraphs (2) 
     and (3) and other terms and conditions the Secretary may 
     consider appropriate.
       (2) Maintenance of navigation function.--The conveyance of 
     property pursuant to this section shall be made subject to 
     the conditions that the Secretary considers necessary to 
     assure that--
       (A) the lights, antennas, and associated equipment located 
     on the property conveyed, which are active aids to 
     navigation, shall continue to be operated and maintained by 
     the United States;
       (B) the Institute, the United States Fish and Wildlife 
     Service, and an entity to which property is conveyed under 
     this section may not interfere or allow interference in any 
     manner with aids to navigation without express written 
     permission from the Secretary;
       (C) there is reserved to the United States the right to 
     relocate, replace, or add any aid to navigation or make any 
     changes to property conveyed under this section as may be 
     necessary for navigational purposes;
       (D) the United States shall have the right, at any time, to 
     enter property conveyed under this section without notice for 
     the purpose of maintaining aids to navigation; and
       (E) the United States shall have an easement of access to 
     property conveyed under this section for the purpose of 
     maintaining the aids to navigation in use on the property.
       (3) Obligation limitation.--The Institute, or any entity to 
     which the Institute conveys a lighthouse under subsection 
     (d), is not required to maintain any active aid to navigation 
     equipment on a property conveyed under this section.
       (4) Reversionary interest.--In addition to any term or 
     condition established pursuant to paragraph (1), the 
     conveyance of property pursuant to this section shall be 
     subject to the condition that all right, title, and interest 
     in such property shall immediately revert to the United 
     States if--
       (A) such property or any part of such property ceases to be 
     used for educational, historic, recreational, cultural, and 
     wildlife conservation programs for the general public and for 
     such other uses as the Secretary determines to be not 
     inconsistent or incompatible with such uses;
       (B) such property or any part of such property ceases to be 
     maintained in a manner that ensures its present or future use 
     as a Coast Guard aid to navigation;
       (C) such property or any part of such property ceases to be 
     maintained in a manner consistent with the provisions of the 
     National Historic Preservation Act of 1966 (16 U.S.C. 470 et 
     seq.); or
       (D) the Secretary determines that--
       (i) the Institute is unable to identify an entity eligible 
     for the conveyance of the lighthouse under subsection (d) 
     within the 3-year period beginning on the date of the 
     conveyance of the lighthouse to the Institute under 
     subsection (a); or
       (ii) in the event that the Institute identifies an entity 
     eligible for the conveyance within that period--

       (I) the entity is unable or unwilling to accept the 
     conveyance and the Institute is unable to identify another 
     entity eligible for the conveyance within that period; or
       (II) the Maine Lighthouse Selection Committee established 
     under subsection (d)(3)(A) disapproves of the entity 
     identified by the Institute and the Institute is unable to 
     identify another entity eligible for the conveyance within 
     that period.

       (c) Inspection.--The State Historic Preservation Officer of 
     the State of Maine may inspect any lighthouse, and any real 
     property and improvements associated therewith, that is 
     conveyed under this section at any time, without notice, for 
     purposes of ensuring that the lighthouse is being maintained 
     in the manner required under subsection (b). The Institute, 
     and any subsequent conveyee of the Institute under subsection 
     (d), shall cooperate with the official referred to in the 
     preceding sentence in the inspections of that official under 
     this subsection.
       (d) Subsequent Conveyance.--
       (1) Requirement.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Institute shall convey, without consideration, all right, 
     title, and interest of the Institute in and to the 
     lighthouses conveyed to the Institute under subsection (a), 
     together with any real property and improvements associated 
     therewith, to one or more entities identified under paragraph 
     (2) and approved by the committee established under paragraph 
     (3) in accordance with the provisions of such paragraph (3).
       (B) Exception.--The Institute, with the concurrence of the 
     Maine Lighthouse Selection Committee and in accordance with 
     the terms and conditions of subsection (b), may retain right, 
     title, and interest in and to the following lighthouses 
     conveyed to the Institute:
       (i) Whitehead Island Light.
       (ii) Deer Island Thorofare (Mark Island) Light.
       (2) Identification of eligible entities.--
       (A) In general.--Subject to subparagraph (B), the Institute 
     shall identify entities eligible for the conveyance of a 
     lighthouse under this subsection. Such entities shall include 
     any department or agency of the Federal Government, any 
     department or agency of the Government of the State of Maine, 
     any local government in that State, or any nonprofit 
     corporation, educational agency, or community development 
     organization that--
       (i) is financially able to maintain the lighthouse (and any 
     real property and improvements conveyed therewith) in 
     accordance with the conditions set forth in subsection (b);
       (ii) has agreed to permit the inspections referred to in 
     subsection (c); and
       (iii) has agreed to comply with the conditions set forth in 
     subsection (b); and to have such conditions recorded with the 
     deed of title to the lighthouse and any real property and 
     improvements that may be conveyed therewith.
       (B) Order of priority.--In identifying entities eligible 
     for the conveyance of a lighthouse under this paragraph, the 
     Institute shall give priority to entities in the following 
     order, which are also the exclusive entities eligible for the 
     conveyance of a lighthouse under this section:
       (i) Agencies of the Federal Government.
       (ii) Entities of the Government of the State of Maine.
       (iii) Entities of local governments in the State of Maine.
       (iv) Nonprofit corporations, educational agencies, and 
     community development organizations.
       (3) Selection of conveyees among eligible entities.--
       (A) Committee.--
       (i) In general.--There is hereby established a committee to 
     be known as the Maine Lighthouse Selection Committee (in this 
     paragraph referred to as the ``Committee'').
       (ii) Membership.--The Committee shall consist of five 
     members appointed by the Secretary as follows:

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

       (iii) Appointment deadline.--The Secretary shall appoint 
     the members of the Committee not later than 90 days after the 
     date of the enactment of this Act.
       (iv) Membership term.--

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

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

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

       (ii) Approval.--If the Committee approves an entity for the 
     conveyance of a lighthouse, the Committee shall notify the 
     Institute of such approval.
       (iii) Disapproval.--If the Committee disapproves of the 
     entities, the Committee shall notify the Institute and, 
     subject to subsection (b)(4)(D)(ii), the Institute shall 
     identify other entities eligible for the conveyance of the 
     lighthouse under paragraph (2). The Committee shall review 
     and approve or disapprove entities identified pursuant to the 
     preceding sentence in accordance with this subparagraph and 
     the criteria set forth in subsection (b).
       (C) Exemption from faca.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall not apply to the Committee, 
     however, all meetings of the Committee shall be open to the 
     public and preceded by appropriate public notice.
       (D) Termination.--The Committee shall terminate 8 years 
     from the date of the enactment of this Act.
       (4) Conveyance.--Upon notification under paragraph 
     (3)(B)(ii) of the approval of an identified entity for 
     conveyance of a lighthouse under this subsection, the 
     Institute shall, with the consent of the entity, convey the 
     lighthouse to the entity.
       (5) Responsibilities of conveyees.--Each entity to which 
     the Institute conveys a lighthouse under this subsection, or 
     any successor or assign of such entity in perpetuity, shall--
       (A) use and maintain the lighthouse in accordance with 
     subsection (b) and have such terms and conditions recorded 
     with the deed of title to the lighthouse and any real 
     property conveyed therewith; and
       (B) permit the inspections referred to in subsection (c).
       (e) Description of Property.--The legal description of any 
     lighthouse, and any real property and improvements associated 


[[Page S 17414]]
     therewith, conveyed under subsection (a) shall be determined by the 
     Secretary. The Secretary shall retain all right, title, and 
     interest of the United States in and to any historical 
     artifact, including any lens or lantern, that is associated 
     with the lighthouses conveyed under this subsection, whether 
     located at the lighthouse or elsewhere. The Secretary shall 
     identify any equipment, system, or object covered by this 
     paragraph.
       (f) Report.--Not later than 1 year after the date of the 
     enactment of this Act, and annually thereafter for the next 7 
     years, the Secretary shall submit to Congress a report on the 
     conveyance of lighthouses under this section. The report 
     shall include a description of the implementation of the 
     provisions of this section, and the requirements arising 
     under such provisions, in--
       (1) providing for the use and maintenance of the 
     lighthouses conveyed under this section in accordance with 
     subsection (b);
       (2) providing for public access to such lighthouses; and
       (3) achieving the conveyance of lighthouses to appropriate 
     entities under subsection (d).

     SEC. 1003. CONVEYANCE OF SQUIRREL POINT LIGHT.

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

     SEC. 1004. CONVEYANCE OF MONTAUK LIGHT STATION, NEW YORK.

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

     SEC. 1005. CONVEYANCE OF POINT ARENA LIGHT STATION.

       (a) Authority to Convey.--
       (1) In general.--At such time as the Secretary of 
     Transportation (referred to in this section as the 
     ``Secretary'') determines the Point Arena Light Station to be 
     excess to the needs of the Coast Guard, the Secretary shall 
     convey to the Point Arena Lighthouse Keepers, Inc., by an 
     appropriate means of conveyance, all right, title, and 
     interest of the United States in and to The Point Arena 
     Lighthouse, located in Mendocino County, California, except 
     that the Coast Guard shall retain all right, title, and 
     interest in any historical artifact, including any lens or 
     lantern, on the property conveyed pursuant to this section, 
     or belonging to the property, whether located on the property 
     or elsewhere, except that such lens must be retained within 
     the boundary of the State of California.
       (2) Identification of property.--The Secretary may 
     identify, describe, and determine the property to be conveyed 
     pursuant to this section.
       (b) Terms of Conveyance.-- 

[[Page S 17415]]

       (1) In general.--A conveyance of property pursuant to this 
     section shall be made--
       (A) without the payment of consideration; and
       (B) subject to such terms and conditions as the Secretary 
     may consider appropriate.
       (2) Reversionary interest.--In addition to any term or 
     condition established pursuant to paragraph (1), any 
     conveyance of property comprising the Point Arena Light 
     Station pursuant to subsection (a) shall be subject to the 
     condition that all right, title, and interest in and to the 
     property so conveyed shall immediately revert to the United 
     States if the property, or any part thereof ceases to be 
     maintained as a nonprofit center for public benefit for the 
     interpretation and preservation of the maritime history of 
     Point Arena, California.
       (3) Maintenance of navigation functions.--Any conveyance of 
     property pursuant to this section shall be subject to such 
     conditions as the Secretary considers to be necessary to 
     assure that--
       (A) the light, antennas, sound signal, and associated 
     lighthouse equipment located on the property conveyed, which 
     are active aids to navigation, shall continue to be operated 
     and maintained by the United States for as long as they are 
     needed for this purpose;
       (B) the Point Arena Lighthouse Keepers, Inc., or any 
     successors or assigns, may not interfere or allow 
     interference in any manner with such aids to navigation 
     without express written permission from the United States;
       (C) there is reserved to the United States the right to 
     relocate, replace, or add any aids to navigation, or make any 
     changes to the Point Arena Light Station as may be necessary 
     for navigation purposes;
       (D) the United States shall have the right, at any time, to 
     enter the property conveyed without notice for the purpose of 
     maintaining navigation aids;
       (E) the United States shall have an easement of access to 
     such property for the purpose of maintaining the navigational 
     aids in use on the property; and
       (F) the Point Arena Light Station shall revert to the 
     United States at the end of the 30-day period beginning on 
     any date on which the Secretary of Transportation provides 
     written notice to the Point Arena Lighthouse Keepers, Inc., 
     or any successor or assign, that the Point Arena Light 
     Station is needed for national security purposes.
       (4) Maintenance of property.--Any conveyance of property 
     under this section shall be subject to the condition that the 
     Point Arena Lighthouse Keepers, Inc., or any successor or 
     assign, shall maintain the Point Arena Light Station in 
     accordance with the provisions of the National Historic 
     Preservation Act (16 U.S.C. 470 et seq.) and other applicable 
     laws.
       (5) Obligation limitation.--The Point Arena Lighthouse 
     Keepers, Inc., or any successors or assigns, shall not have 
     any obligation to maintain any active aid to navigation 
     equipment on property conveyed pursuant to this section.
       (c) Maintenance Standard.--The Point Arena Lighthouse 
     Keepers, Inc., or any successor or assign, at its own cost 
     and expense, shall maintain, in a proper, substantial and 
     workmanlike manner, all properties conveyed.
       (d) Point Arena Light Station Defined.--For purposes of 
     this section, the term ``Point Arena Light Station'' means 
     the Coast Guard property and improvements located at Point 
     Arena, California, including the light tower building, fog 
     signal building, 2 small shelters, 4 residential quarters, 
     and a restroom facility.

     SEC. 1006. CONVEYANCE OF PROPERTY IN KETCHIKAN, ALASKA.

       (a) Authority to Convey.--The Secretary of Transportation 
     (referred to in this section as the ``Secretary''), in 
     cooperation with the Administrator of the General Services 
     Administration, shall convey to the Ketchikan Indian 
     Corporation in Ketchikan, Alaska, without reimbursement and 
     by no later than 120 days after the date of enactment of this 
     Act, all right, title, and interest of the United States in 
     and to the property known as the ``Former Marine Safety 
     Detachment'' as identified in Report of Excess Number CG-689 
     (GSA Control Number 9-U-AK-0747) and described in subsection 
     (b), for use as a health or social services facility.
       (b) Identification of Property.--The Secretary shall 
     identify, describe, and determine the property to be conveyed 
     pursuant to this section.
       (c) Reversionary Interest.--The conveyance of property 
     described in subsection (b) shall be subject to the condition 
     that such property, and all right, title and interest in such 
     property, shall transfer to the City of Ketchikan if, within 
     18 months of the date of enactment of this Act, the Ketchikan 
     Indian Corporation has not completed design and construction 
     plans for a health and social services facility and received 
     approval from the City of Ketchikan for such plans or the 
     written consent of the City to exceed this period.
       (d) In the event that the property described in subsection 
     (b) is transferred to the City of Ketchikan under subsection 
     (c), the transfer shall be subject to the condition that all 
     right, title, and interest in and to the property shall 
     immediately revert to the United States if the property 
     ceases to be used by the City of Ketchikan.

     SEC. 1007. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, MICHIGAN.

       (a) Authority to Convey.--The Secretary of Transportation 
     (or any other official having control over the property 
     described in subsection (b)) shall expeditiously convey to 
     the Traverse City Area Public School District in Traverse 
     City, Michigan, without consideration, all right, title, and 
     interest of the United States in and to the property 
     described in subsection (b), subject to all easements and 
     other interests in the property held by any other person.
       (b) Identification of Property.--The Secretary shall 
     identify, describe, and determine the property to be conveyed 
     pursuant to this section.
       (c) Reversionary Interest.--In addition to any term or 
     condition established pursuant to subsection (a) or (d), any 
     conveyance of property described in subsection (b) shall be 
     subject to the condition that all right, title, and interest 
     in and to the property so conveyed shall immediately revert 
     to the United States if the property, or any part thereof, 
     ceases to be used by the Traverse City Area Public School 
     District.
       (d) Terms of Conveyance.--The conveyance of property under 
     this section shall be subject to such conditions as the 
     Secretary considers to be necessary to assure that--
       (1) the pump room located on the property shall continue to 
     be operated and maintained by the United States for as long 
     as it is needed for this purpose;
       (2) the United States shall have an easement of access to 
     the property for the purpose of operating and maintaining the 
     pump room; and
       (3) the United States shall have the right, at any time, to 
     enter the property without notice for the purpose of 
     operating and maintaining the pump room.

     SEC. 1008. TRANSFER OF COAST GUARD PROPERTY IN NEW SHOREHAM, 
                   RHODE ISLAND.

       (a) Requirement.--The Secretary of Transportation (or any 
     other official having control over the property described in 
     subsection (b)) may convey to the town of New Shoreham, Rhode 
     Island, without consideration, all right, title, and interest 
     of the United States in and to the property known as the 
     United States Coast Guard Station Block Island, as described 
     in subsection (b), subject to all easements and other 
     interest in the property held by any other person.
       (b) Property Described.--The property referred to in 
     subsection (a) is real property (including buildings and 
     improvements) located on the west side of Block Island, Rhode 
     Island, at the entrance to the Great Salt Pond and referred 
     to in the books of the Tax Assessor of the town of New 
     Shoreham, Rhode Island, as lots 10 and 12, comprising 
     approximately 10.7 acres.
       (c) Reversionary Interest.--In addition to any term or 
     condition established pursuant to subsection (a), any 
     conveyance of property under subsection (a) shall be subject 
     to the condition that all right, title, and interest in and 
     to the property so conveyed shall immediately revert to the 
     United States if the property, or any part thereof, ceases to 
     be used by the town of New Shoreham, Rhode Island.

     SEC. 1009. CONVEYANCE OF PROPERTY IN SANTA CRUZ, CALIFORNIA.

       (a) Authority to Convey.--
       (1) In general.--The Secretary of Transportation (referred 
     to in this section as the ``Secretary'') may convey to the 
     Santa Cruz Port District by an appropriate means of 
     conveyance, all right, title, and interest of the United 
     States in and to the property described in paragraph (2).
       (2) Identification of property.--The Secretary may 
     identify, describe, and determine the property to be conveyed 
     pursuant to this section.
       (b) Consideration.--Any conveyance of property pursuant to 
     this section shall be made without payment of consideration.
       (c) Condition.--The conveyance provided for in subsection 
     (a) may be made contingent upon agreement by the Port 
     District that--
       (1) the utility systems, building spaces, and facilities or 
     any alternate, suitable facilities and buildings on the 
     harbor premises would be available for joint use by the Port 
     District and the Coast Guard when deemed necessary by the 
     Coast Guard; and
       (2) the Port District would be responsible for paying the 
     cost of maintaining, operating, and replacing (as necessary) 
     the utility systems and any buildings and facilities located 
     on the property as described in subsection (a) or on any 
     alternate, suitable property on the harbor premises set aside 
     for use by the Coast Guard.
       (d) Reversionary Interest.--Any conveyance of property 
     pursuant to this section shall be subject to the condition 
     that all right, title, and interest in Subunit Santa Cruz 
     shall immediately revert to the United States--
       (1) if Subunit Santa Cruz ceases to be maintained as a 
     nonprofit center for education, training, administration, and 
     other public service to include use by the Coast Guard; or
       (2) at the end of the thirty day period beginning on any 
     date on which the Secretary provides written notice to the 
     Santa Cruz Port District that Subunit Santa Cruz is needed 
     for national security purposes.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

[[Page S 17416]]

       (f) Definitions.--For purposes of this section--
       (1) ``Subunit Santa Cruz'' means the Coast Guard property 
     and improvements located at Santa Cruz, California;
       (2) ``Secretary'' means the Secretary of the department in 
     which the Coast Guard is operating; and
       (3) ``Port District'' means the Santa Cruz Port District, 
     or any successor or assign.

     SEC. 1010. CONVEYANCE OF VESSEL S/S RED OAK VICTORY.

       (a) In General.--Notwithstanding any other law, the 
     Secretary of Transportation (referred to in this section as 
     the ``Secretary'') may convey the right, title, and interest 
     of the United States Government in and to the vessel S/S RED 
     OAK VICTORY (Victory Ship VCS-AP2; United States Navy Hull 
     No. AK235) to the City of Richmond Museum Association, Inc., 
     located in Richmond, California (in this section referred to 
     as ``the recipient''), if--
       (1) the recipient agrees to use the vessel for the purposes 
     of a monument to the wartime accomplishments of the City of 
     Richmond;
       (2) the vessel is not used for commercial transportation 
     purposes;
       (3) the recipient agrees to make the vessel available to 
     the Government if the Secretary requires use of the vessel by 
     the Government for war or a national emergency;
       (4) the recipient agrees to hold the Government harmless 
     for any claims arising from exposure to asbestos after 
     conveyance of the vessel, except for claims arising from use 
     by the Government under paragraph (3); and
       (5) the recipient has available, for use to restore the 
     vessel, in the form of cash, liquid assets, or a written loan 
     commitment, financial resources of at least $100,000.
       (b) Delivery of Vessel.--If a conveyance is made under this 
     section, the Secretary shall deliver the vessel at the place 
     where the vessel is located on the date of enactment of this 
     Act, in its present condition, without cost to the 
     Government.
       (c) Other Unneeded Equipment.--The Secretary may convey to 
     the recipient any unneeded equipment from other vessels in 
     the National Defense Reserve Fleet for use to restore the S/S 
     RED OAK VICTORY to museum quality.
       (d) Retention of Vessel in NDRF.--The Secretary shall 
     retain in the National Defense Reserve Fleet the vessel 
     authorized to be conveyed under subsection (a), until the 
     earlier of--
       (1) 2 years after the date of the enactment of this Act; or
       (2) the date of conveyance of the vessel under subsection 
     (a).

     SEC. 1011. CONVEYANCE OF EQUIPMENT.

       The Secretary of Transportation may convey any unneeded 
     equipment from other vessels in the National Defense Reserve 
     Fleet to the JOHN W. BROWN and other qualified United States 
     memorial ships in order to maintain their operating 
     condition.

     SEC. 1012. PROPERTY EXCHANGE.

       (a) Property Acquisition.--The Secretary may, by means of 
     an exchange of property, acceptance as a gift, or other means 
     that does not require the use of appropriated funds, acquire 
     all right, title, and interest in and to a parcel or parcels 
     of real property and any improvements thereto located within 
     the limits of the City and Borough of Juneau, Alaska.
       (b) Acquisition through Exchange.--For the purposes of 
     acquiring property under subsection (a) by means of an 
     exchange, the Secretary may convey all right, title, and 
     interest of the United States in and to a parcel or parcels 
     of real property and any improvements thereto located within 
     the limits of the City and Borough of Juneau, Alaska and in 
     the control of the Coast Guard if the Secretary determines 
     that the exchange is in the best interest of the Coast Guard.
       (c) Terms and Conditions.--The Secretary may require such 
     terms and conditions under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                        TITLE XI--MISCELLANEOUS

     SEC. 1101. FLORIDA AVENUE BRIDGE.

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

     SEC. 1102. OIL SPILL RECOVERY INSTITUTE.

       (a) Advisory Board and Executive Committee.--Section 5001 
     of the Oil Pollution Act of 1990 (33 U.S.C. 2731) is 
     amended--
       (1) by striking ``to be administered by the Secretary of 
     Commerce'' in subsection (a);
       (2) by striking ``and located'' in subsection (a) and 
     inserting ``located'';
       (3) by striking ``the EXXON VALDEZ oil spill'' each place 
     it appears in subsection (b)(2) and inserting ``Arctic or 
     Subarctic oil spills'';
       (4) by striking ``18'' in subsection (c)(1) and inserting 
     ``16'';
       (5) by striking ``, Natural Resources, and Commerce and 
     Economic Development'' in subsection (c)(2)(A) and inserting 
     a comma and ``and Natural Resources'';
       (6) by striking subsection (c)(1) (B), (C), and (D);
       (7) by redesignating subparagraphs (E) and (F) of 
     subsection (c)(1) as subparagraphs (G) and (H), respectively;
       (8) by inserting after subparagraph (A) of subsection 
     (c)(1) the following:
       ``(B) One representative appointed by each of the 
     Secretaries of Commerce, the Interior, and Transportation, 
     who shall be Federal employees.
       ``(C) Two representatives from the fishing industry 
     appointed by the Governor of the State of Alaska from among 
     residents of communities in Alaska that were affected by the 
     EXXON VALDEZ oil spill, who shall serve terms of 2 years 
     each. Interested organizations from within the fishing 
     industry may submit the names of qualified individuals for 
     consideration by the Governor.
       ``(D) Two Alaska Natives who represent Native entities 
     affected by the EXXON VALDEZ oil spill, at least one of whom 
     represents an entity located in Prince William Sound, 
     appointed by the Governor of Alaska from a list of 4 
     qualified individuals submitted by the Alaska Federation of 
     Natives, who shall serve terms of 2 years each.
       ``(E) Two representatives from the oil and gas industry to 
     be appointed by the Governor of the State of Alaska who shall 
     serve terms of 2 years each. Interested organizations from 
     within the oil and gas industry may submit the names of 
     qualified individuals for consideration by the Governor.
       ``(F) Two at-large representatives from among residents of 
     communities in Alaska that were affected by the EXXON VALDEZ 
     oil spill who are knowledgeable about the marine environment 
     and wildlife within Prince William Sound, and who shall serve 
     terms of 2 years each, appointed by the remaining members of 
     the Advisory Board. Interested parties may submit the names 
     of qualified individuals for consideration by the Advisory 
     Board.'';
       (9) adding at the end of subsection (c) the following:
       ``(4) Scientific review.--The Advisory Board may request a 
     scientific review of the research program every five years by 
     the National Academy of Sciences which shall perform the 
     review, if requested, as part of its responsibilities under 
     section 7001(b)(2).'';
       (10) by striking ``the EXXON VALDEZ oil spill'' in 
     subsection (d)(2) and inserting ``Arctic or Subarctic oil 
     spills'';
       (11) by striking ``Secretary of Commerce'' in subsection 
     (e) and inserting ``Advisory Board'';
       (12) by striking ``, the Advisory Board,'' in the second 
     sentence of subsection (e);
       (13) by striking ``Secretary's'' in subsection (e) and 
     inserting ``Advisory Board's'';
       (14) by inserting ``authorization in section 5006(b) 
     providing funding for the'' in subsection (i) after ``The'';
       (15) by striking ``this Act'' in subsection (i) and 
     inserting ``the Coast Guard Authorization Act of 1995''; and
       (16) by inserting ``The Advisory Board may compensate its 
     Federal representatives for their reasonable travel costs.'' 
     in subsection (j) after ``Institute.''.
       (b) Funding.--Section 5006 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2736) is amended by--
       (1) striking subsection (a), redesignating subsection (b) 
     as subsection ``(a)'';
       (2) striking ``5003'' in the caption of subsection (a), as 
     redesignated, and inserting ``5001, 5003,'';
       (3) inserting ``to carry out section 5001 in the amount as 
     determined in section 5006(b), and'' after ``limitation,'' in 
     the text of subsection (a), as redesignated; and
       (4) adding at the end thereof the following:
       ``(b) Use of Interest Only.--The amount of funding to be 
     made available annually to carry out section 5001 shall be 
     the interest produced by the Fund's investment of the 
     $22,500,000 remaining funding authorized for the Prince 
     William Sound Oil Spill Recovery Institute and currently 
     deposited in the Fund and invested by the Secretary of the 
     Treasury in income producing securities along with other 
     funds comprising the Fund.
       ``(c) Use for Section 1012.--Beginning with the eleventh 
     year following the date of enactment of the Coast Guard 
     Authorization Act of 1995, the funding authorized for the 
     Prince William Sound Oil Spill Recovery Institute and 
     deposited in the Fund shall thereafter be made available for 
     purposes of section 1012 in Alaska.''.
       (c) Conforming Amendments.--
       (1) Section 6002(b) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2752(b)) is amended by striking ``5006(b)'' and 
     inserting ``5006''.
       (2) Section 7001(c)(9) the Oil Pollution Act of 1990 (33 
     U.S.C. 2761(c)(9)) is amended by striking the period at the 
     end thereof and inserting ``until the authorization for 
     funding under section 5006(b) expires''.

     SEC. 1103. LIMITED DOUBLE HULL EXEMPTIONS.

       (a) In General.--The double hull construction requirements 
     of section 3703a of title 46, United States Code, do not 
     apply to--
       (1) a vessel documented under chapter 121 of title 46, 
     United States Code, that was equipped with a double hull 
     before August 12, 1992;
       (2) a barge of less than 1,500 gross tons carrying refined 
     petroleum product in bulk as cargo in or adjacent to waters 
     of the Bering Sea, Chukchi Sea, and Arctic Ocean and waters 
     tributary thereto and in the waters of the Aleutian Islands 
     and the Alaskan Peninsula west of 155 degrees west longitude; 
     or
       (3) a vessel in the National Defense Reserve Fleet pursuant 
     to section 11 of the Merchant Ship Sales Act of 1946 (50 
     U.S.C. App. 1744).
       (b) Authority of the Secretary of Transportation.--

[[Page S 17417]]

       (1) Operation of barges in other waters.--The operation of 
     barges described in subsection (a)(2) outside waters 
     described in that subsection shall be on such conditions as 
     the Secretary of Transportation may require.
       (2) No effect on other authority of the Secretary.--Except 
     as provided in subsection (a), nothing in this section 
     affects the authority of the Secretary of Transportation to 
     regulate the construction, operation, or manning of barges 
     and vessels in accordance with applicable laws and 
     regulations.
       (c) Barge Defined.--For purposes of this section, the term 
     ``barge'' has the meaning given that term in section 2101 of 
     title 46, United States Code.

     SEC. 1104. OIL SPILL RESPONSE VESSELS.

       (a) Description.--Section 2101 of title 46, United States 
     Code, is amended--
       (1) by redesignating paragraph (20a) as (20b); and
       (2) by inserting after paragraph (20) the following new 
     paragraph:
       ``(20a) `oil spill response vessel' means a vessel that is 
     designated in its certificate of inspection as such a vessel, 
     or that is adapted to respond to a discharge of oil or a 
     hazardous material.''.
       (b) Exemption From Liquid Bulk Carriage Requirements.--
     Section 3702 of title 46, United States Code, is amended by 
     adding at the end thereof the following:
       ``(f) This chapter does not apply to an oil spill response 
     vessel if--
       ``(1) the vessel is used only in response-related 
     activities; or
       ``(2) the vessel is--
       ``(A) not more than 500 gross tons;
       ``(B) designated in its certificate of inspection as an oil 
     spill response vessel; and
       ``(C) engaged in response-related activities.''.
       (c) Manning.--Section 8104(p) of title 46, United States 
     Code, is amended to read as follows:
       ``(p) The Secretary may prescribe the watchstanding and 
     work hours requirements for an oil spill response vessel.''.
       (d) Minimum Number of Licensed Individuals.--Section 
     8301(e) of title 46, United States Code, is amended to read 
     as follows:
       ``(e) The Secretary may prescribe the minimum number of 
     licensed individuals for an oil spill response vessel.''.
       (e) Merchant Mariner Document Requirements.--Section 
     8701(a) of title 46, United States Code, is amended--
       (1) by striking ``and'' after the semicolon at the end of 
     paragraph (7),
       (2) by striking the period at the end of paragraph (8) and 
     inserting a semicolon and ``and''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(9) the Secretary may prescribe the individuals required 
     to hold a merchant mariner's document serving onboard an oil 
     spill response vessel.''.
       (f) Exemption From Towing Vessel Requirement.--Section 8905 
     of title 46, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(c) Section 8904 of this title does not apply to an oil 
     spill response vessel while engaged in oil spill response or 
     training activities.''.
       (g) Inspection Requirement.--Section 3301 of title 46, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(14) oil spill response vessels.''.

     SEC. 1105. SENSE OF THE CONGRESS REGARDING PASSENGERS ABOARD 
                   COMMERCIAL VESSELS.

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

     SEC. 1106. CALIFORNIA CRUISE INDUSTRY REVITALIZATION.

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

     SEC. 1107. LOWER COLUMBIA RIVER MARINE FIRE AND SAFETY 
                   ACTIVITIES.

       The Secretary of Transportation is authorized to expend out 
     of the amounts appropriated for the Coast Guard for fiscal 
     year 1996 not more than $491,000 for lower Columbia River 
     marine, fire, oil, and toxic spill response communications, 
     training, equipment, and program administration activities 
     conducted by the Marine Fire and Safety Association.

     SEC. 1108. OIL POLLUTION RESEARCH TRAINING.

       Section 7001(c)(2)(D) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2761(c)(2)(D)) is amended by striking ``Texas;'' and 
     inserting ``Texas, and the Center for Marine Training and 
     Safety in Galveston, Texas;''.

     SEC. 1109. LIMITATION ON RELOCATION OF HOUSTON AND GALVESTON 
                   MARINE SAFETY OFFICES.

       The Secretary of Transportation may not relocate the Coast 
     Guard Marine Safety Offices in Galveston, Texas, and Houston, 
     Texas. Nothing in this section prevents the consolidation of 
     management functions of these Coast Guard authorities.

     SEC. 1110. UNINSPECTED FISH TENDER VESSELS.

       Section 3302 of Title 46, United States Code, is amended in 
     subsection (c)(3)(A) by adding ``(including fishery-related 
     products)'' after the word ``cargo''.

     SEC. 1111. FOREIGN PASSENGER VESSEL USER FEES.

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

     SEC. 1112. COAST GUARD USER FEES.

       (a) Findings.--The Congress finds the following:
       (1) The Secretary of Transportation is authorized under 
     subsection 10401(g) of the Omnibus Budget Reconciliation Act 
     of 1990 (46 U.S.C. 2110(g)) to exempt persons from the 
     requirement to pay Coast Guard inspection user fees if it is 
     in the public interest to do so.
       (2) Publicly-owned ferries serve the public interest by 
     providing necessary, and in many cases, the only available, 
     transportation between locations divided by bodies of water.
       (3) Small passenger vessels serve the public interest by 
     providing vital small business opportunities in virtually 
     every coastal city of the United States and by providing 
     important passenger vessels services.
       (4) During the Coast Guard inspection user fee rulemaking 
     process, small passenger vessel operators informed the Coast 
     Guard that proposed user fees were excessive and would force 
     small passenger operators out of business, leaving many areas 
     without small passenger vessel services required by the 
     public.
       (5) The Secretary of Transportation failed to adequately 
     protect the public interest and failed to follow 
     Congressional intent by establishing Coast Guard inspection 
     user fees for small passenger vessels which exceed the 
     ability of these small businesses to pay the fees and by 
     establishing Coast Guard inspection user fees for publicly-
     owned ferries.
       (b) Limits on User Fees.--Section 10401(g) of the Omnibus 
     Budget Reconciliation Act of 1990 (46 U.S.C. 2110(a)(2)) is 
     amended by adding after ``annually.'' the following: ``The 
     Secretary may not establish a fee or charge under paragraph 
     (1) for inspection or examination of a small passenger vessel 
     under this title that is more than $300 annually for such 
     vessels under 65 feet in length, or more than $600 annually 
     for such vessels 65 feet in length and greater. The Secretary 
     may not establish a fee or charge under paragraph (1) for 
     inspection or examination under this title for any publicly-
     owned ferry.''.

     SEC. 1113. VESSEL FINANCING.

       (a) Documentation Citizen Eligible Mortgagee.--Section 
     31322(a)(1)(D) of title 46, United States Code, is amended--
       (1) by striking ``or'' at the end of clause (v);
       (2) by striking the period at the end of clause (vi) and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(vii) a person eligible to own a documented vessel under 
     chapter 121 of this title.''.
       (b) Amendment to Trustee Restrictions.--Section 31328(a) of 
     title 46, United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(5) is a person eligible to own a documented vessel under 
     chapter 121 of this title.''.
       (c) Leasing.--Section 12106 of title 46, United States 
     Code, is amended by adding at the end the following:
       ``(e)(1) A certificate of documentation for a vessel may be 
     endorsed with a coastwise endorsement if--
       ``(A) the person that owns the vessel, a parent entity of 
     that person, or a subsidiary of a parent entity of that 
     person, is primarily engaged in leasing or other financing 
     transactions;
       ``(B) the vessel is under a demise charter to a person 
     qualifying as a citizen of the United States for engaging in 
     the coastwise trade under section 2 of the Shipping Act, 
     1916, and it is certified that there are no other agreements, 
     arrangements, or understandings between the vessel owner and 
     the demise charterer with respect to the operation or 
     management of the vessel;
       ``(C) the demise charter--
       ``(i) is for a period of at least 3 years or a shorter 
     period as may be prescribed by the Secretary; and
       ``(ii) charter hire is not significantly greater than that 
     prevailing in the commercial market; and
       ``(D) the vessel is otherwise eligible for documentation 
     under section 12102.
       ``(2) The demise charter and any amendments to that charter 
     shall be filed with the certificate required by this 
     subsection, or within 10 days following the filing of an 
     amendment to the charter, and such charter and amendments 
     shall be made available to the public.
       ``(3) Upon default by a demise charterer required under 
     paragraph (1)(C), the coastwise endorsement of the vessel 
     may, in the sole discretion of the Secretary, be continued 

[[Page S 17418]]
     after the termination for default of the demise charter for a period 
     not to exceed 6 months on such terms and conditions as the 
     Secretary may prescribe.
       ``(4) For purposes of section 2 of the Shipping Act, 1916, 
     and section 12102(a) of this title, a vessel meeting the 
     criteria of this subsection is deemed to be owned exclusively 
     by citizens of the United States.
       ``(5) A vessel eligible for documentation or to be endorsed 
     with a coastwise endorsement under this subsection is not 
     eligible for a fishery endorsement under section 12108.''.
       (d) Conforming Amendment.--Section 9(c) of the Shipping 
     Act, 1916, as amended (46 U.S.C. App. 808(c)) is amended by 
     striking ``sections 31322(a)(1)(D)'' and inserting ``sections 
     12106(e), 31322(a)(1)(D),''.

     SEC. 1114. MANNING AND WATCH REQUIREMENTS ON TOWING VESSELS 
                   ON THE GREAT LAKES.

       (a) Section 8104(c) of title 46, United States Code, is 
     amended--
       (1) by striking ``or permitted''; and
       (2) by inserting after ``day'' the following: ``or 
     permitted to work more than 15 hours in any 24-hour period, 
     or more than 36 hours in any 72-hour period''.
       (b) Section 8104(e) of title 46, United States Code, is 
     amended by striking ``subsections (c) and (d)'' and inserting 
     ``subsection (d)''.
       (c) Section 8104(g) of title 46, United States Code, is 
     amended by striking ``(except a vessel to which subsection 
     (c) of this section applies)''.

     SEC. 1115. REPEAL OF GREAT LAKES ENDORSEMENTS.

       (a) Repeal.--Section 12107 of title 46, United States Code, 
     is repealed.
       (b) Conforming Amendments.--
       (1) The analysis at the beginning of chapter 121 of title 
     46, United States Code, is amended by striking the item 
     relating to section 12107.
       (2) Section 12101(b)(3) of title 46, United States Code, is 
     repealed.
       (3) Section 4370(a) of the Revised Statutes of the United 
     States (46 App. U.S.C. 316(a)) is amended by striking ``or 
     12107''.
       (4) Section 2793 of the Revised Statutes of the United 
     States (46 App. U.S.C. 111, 123) is amended--
       (A) by striking ``coastwise, Great Lakes endorsement'' and 
     all that follows through ``foreign ports,'' and inserting 
     ``registry endorsement, engaged in foreign trade on the Great 
     Lakes or their tributary or connecting waters in trade with 
     Canada,''; and
       (B) by striking ``, as if from or to foreign ports''.
       (5) Section 9302(a)(1) of title 46, United States Code, is 
     amended by striking ``subsections (d) and (e)'' and inserting 
     ``subsections (d), (e) and (f)''.
       (6) Section 9302(e) of title 46, United States Code, is 
     amended by striking ``subsections (a) and (b)'' and inserting 
     ``subsection (a)''.
       (7) Section 9302 of title 46, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(f) A United States vessel operating between ports on the 
     Great Lakes or between ports on the Great Lakes and the St. 
     Lawrence River carrying no cargo obtained from a foreign port 
     outside of the Great Lakes or carrying no cargo bound for a 
     foreign port outside of the Great Lakes, is exempt from the 
     requirements of subsection (a) of this section.''.

     SEC. 1116. RELIEF FROM UNITED STATES DOCUMENTATION 
                   REQUIREMENTS.

       (a) In General.--Notwithstanding any other law or any 
     agreement with the United States Government, a vessel 
     described in subsection (b) may be transferred to or placed 
     under a foreign registry or sold to a person that is not a 
     citizen of the United States and transferred to or placed 
     under a foreign registry.
       (b) Vessels Described.--The vessels referred to in 
     subsection (a) are the following:
       (1) RAINBOW HOPE (United States official number 622178).
       (2) IOWA TRADER (United States official number 642934).
       (3) KANSAS TRADER (United States official number 634621).
       (4) MV PLATTE (United States official number number 
     653210).
       (5) SOUTHERN (United States official number 591902).
       (6) ARZEW (United States official number 598727).
       (7) LAKE CHARLES (United States official number 619531).
       (8) LOUISIANA (United States official number 619532).
       (9) GAMMA (United States official number 598730).

     SEC. 1117. USE OF CANADIAN OIL SPILL RESPONSE AND RECOVERY 
                   VESSELS.

       Notwithstanding any other provision of law, oil spill 
     response and recovery vessels of Canadian registry may 
     operate in waters of the United States adjacent to the border 
     between Canada and the State of Maine, on an emergency and 
     temporary basis, for the purpose of recovering, transporting, 
     and unloading in a United States port oil discharged as a 
     result of an oil spill in or near such waters, if an adequate 
     number and type of oil spill response and recovery vessels 
     documented under the laws of the United States cannot be 
     engaged to recover oil from an oil spill in or near those 
     waters in a timely manner, as determined by the Federal On-
     Scene Coordinator for a discharge or threat of a discharge of 
     oil.

     SEC. 1118. JUDICIAL SALE OF CERTAIN DOCUMENTED VESSELS TO 
                   ALIENS.

       Section 31329 of title 46, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(f) This section does not apply to a documented vessel 
     that has been operated only for pleasure.''.

     SEC. 1119. IMPROVED AUTHORITY TO SELL RECYCLABLE MATERIAL.

       Section 641(c)(2) of title 14, United States Code, is 
     amended by inserting before the period the following: ``, 
     except that the Commandant may conduct sales of materials for 
     which the proceeds of sale will not exceed $5,000 under 
     regulations prescribed by the Commandant''.

     SEC. 1120. DOCUMENTATION OF CERTAIN VESSELS.

       (a) General Certificates.--Notwithstanding sections 12106, 
     12107, and 12108 of title 46, United States Code, and section 
     27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), as 
     applicable on the date of enactment of this Act, the 
     Secretary of Transportation may issue a certificate of 
     documentation with appropriate endorsement for employment in 
     the coastwise trade for the following vessels:
       (1) ALPHA TANGO (United States official number 945782).
       (2) AURA (United States official number 1027807).
       (3) BABS (United States official number 1030028).
       (4) BAGGER (State of Hawaii registration number HA1809E).
       (5) BILLY BUCK (United States official number 939064).
       (6) CAPTAIN DARYL (United States official number 580125).
       (7) CHRISSY (State of Maine registration number 4778B).
       (8) CONSORTIUM (United States official number 303328).
       (9) DRAGONESSA (United States official number 646512).
       (10) EMERALD AYES (United States official number 986099).
       (11) ENDEAVOUR (United States official number 947869).
       (12) EVENING STAR (Hull identification number HA2833700774 
     and State of Hawaii registration number HA8337D).
       (13) EXPLORER (United States official number 918080).
       (14) FOCUS (United States official number 909293).
       (15) FREJA VIKING (Danish registration number A395).
       (16) GLEAM (United States official number 921594).
       (17) GOD'S GRACE II (State of Alaska registration number 
     AK5916B).
       (18) HALCYON (United States official number 690219).
       (19) IDUN VIKING (Danish registration number A433).
       (20) INTREPID (United States official number 508185).
       (21) ISABELLE (United States official number 600655).
       (22) JAJO (Hull identification number R1Z200207H280 and 
     State of Rhode Island registration number 388133).
       (23) LADY HAWK (United States official number 961095).
       (24) LIV VIKING (Danish registration number A394).
       (25) MAGIC CARPET (United States official number 278971).
       (26) MARANTHA (United States official number 638787).
       (27) OLD HAT (United States official number 508299).
       (28) ONRUST (United States official number 515058).
       (29) PERSEVERANCE (Serial number 77NS8901).
       (30) PRIME TIME (United States official number 660944).
       (31) QUIETLY (United States official number 658315).
       (32) RESOLUTION (Serial number 77NS8701).
       (33) ROYAL AFFAIRE (United States official number 649292).
       (34) SARAH-CHRISTEN (United States official number 542195).
       (35) SEA MISTRESS (United States official number 696806).
       (36) SERENITY (United States official number 1021393).
       (37) SHAMROCK V (United States official number 900936).
       (38) SHOOTER (United States official number 623333).
       (39) SISU (United States official number 293648).
       (40) SUNRISE (United States official number 950381).
       (41) TOO MUCH FUN (United States official number 936565).
       (42) TRIAD (United States official number 988602).
       (43) WEST FJORD (Hull identification number X-53-109).
       (44) WHY NOT (United States official number 688570).
       (45) WOLF GANG II (United States official number 984934).
       (46) YES DEAR (United States official number 578550).
       (47) 14 former United States Army hovercraft with serial 
     numbers LACV-30-04, LACV-30-05, LACV 30-07, LACV-30-09, LACV-
     30-10, LACV-30-13, LACV-30-14, LACV-30-15, LACV-30-16, LACV-
     30-22, LACV-30-23, LACV-30-24, LACV-30-25, and LACV-30-26.
       (b) M/V Twin Drill.--Section 601(d) of the Coast Guard 
     Authorization Act of 1993 (Public Law 103-206, 107 Stat. 
     2445) is amended--
       (1) by striking ``June 30, 1995'' in paragraph (3) and 
     inserting ``June 30, 1996''; and

[[Page S 17419]]

       (2) by striking ``12 months'' in paragraph (4) and 
     inserting ``24 months''.
       (c) Certificates of Documentation for Gallant Lady.--
       (1) In general.--Notwithstanding section 27 of the Merchant 
     Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act 
     of June 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App. 
     289), and section 12106 of title 46, United States Code, and 
     subject to paragraph (2), the Secretary of Transportation may 
     issue a certificate of documentation with an appropriate 
     endorsement for employment in coastwise trade for each of the 
     following vessels:
       (A) GALLANT LADY (Feadship hull number 645, approximately 
     130 feet in length).
       (B) GALLANT LADY (Feadship hull number 651, approximately 
     172 feet in length).
       (2) Limitation on operation.--Coastwise trade authorized 
     under a certificate of documentation issued for a vessel 
     under this section shall be limited to the carriage of 
     passengers in association with contributions to charitable 
     organizations no portion of which is received, directly or 
     indirectly, by the owner of the vessel.
       (3) Condition.--The Secretary may not issue a certificate 
     of documentation for a vessel under paragraph (1) unless, not 
     later than 90 days after the date of enactment of this Act, 
     the owner of the vessel referred to in paragraph (1)(B) 
     submits to the Secretary a letter expressing the intent of 
     the owner to, before April 1, 1997,enter into a contract for 
     the construction in the United States of a passenger vessel 
     of at least 130 feet in length.
       (4) Effective date of certificates.--A certificate of 
     documentation issued under paragraph (1) shall take effect--
       (A) for the vessel referred to in paragraph (1)(A), on the 
     date of the issuance of the certificate; and
       (B) for the vessel referred to in paragraph (1)(B), on the 
     date of delivery of the vessel to the owner.
       (5) Termination of effectiveness of certificates.--A 
     certificate of documentation issued for a vessel under 
     paragraph (1) shall expire--
       (A) on the date of the sale of the vessel by the owner;
       (B) on April 1, 1997, if the owner of the vessel referred 
     to in paragraph (1)(B) has not entered into a contract for 
     construction of a vessel in accordance with the letter of 
     intent submitted to the Secretary under paragraph (3); or
       (C) on such date as a contract referred to in paragraph (2) 
     is breached, rescinded, or terminated (other than for 
     completion of performance of the contract) by the owner of 
     the vessel referred to in paragraph (1)(B).
       (d) Certificates of Documentation for Enchanted Isle and 
     Enchanted Seas.--Notwithstanding section 27 of the Merchant 
     Marine Act, 1920 (46 U.S.C. App. 883), the Act of June 19, 
     1886 (46 U.S.C. App. 289), section 12106 of title 46, United 
     States Code, section 506 of the Merchant Marine Act, 1936 (46 
     U.S.C. App. 1156), and any agreement with the United States 
     Government, the Secretary of Transportation may issue 
     certificates of documentation with a coastwise endorsement 
     for the vessels ENCHANTED ISLES (Panamanian official number 
     14087-84B) and ENCHANTED SEAS (Panamanian official number 
     14064-84D), except that the vessels may not operate between 
     or among islands in the State of Hawaii.

     SEC. 1121. VESSEL DEEMED TO BE A RECREATIONAL VESSEL.

       The vessel, an approximately 96 meter twin screw motor 
     yacht for which construction commenced in October, 1993, and 
     which has been assigned the builder's number 13583 (to be 
     named the LIMITLESS), is deemed for all purposes, including 
     title 46, United States Code, and all regulations thereunder, 
     to be a recreational vessel of less than 300 gross tons if it 
     does not--
       (1) carry cargo or passengers for hire; or
       (2) engage in commercial fisheries or oceanographic 
     research.

     SEC. 1122. SMALL PASSENGER VESSEL PILOT INSPECTION PROGRAM 
                   WITH THE STATE OF MINNESOTA.

       (a) In General.--The Secretary may enter into an agreement 
     with the State under which the State may inspect small 
     passenger vessels operating in waters of that State 
     designated by the Secretary, if--
       (1) the State plan for the inspection of small passenger 
     vessels meets such requirements as the Secretary may require 
     to ensure the safety and operation of such vessels in 
     accordance with the standards that would apply if the Coast 
     Guard were inspecting such vessels; and
       (2) the State will provide such information obtained 
     through the inspection program to the Secretary annually in 
     such form and in such detail as the Secretary may require.
       (b) Fees.--The Secretary may adjust or waive the user fee 
     imposed under section 3317 of title 46, United States Code, 
     for the inspection of small passenger vessels inspected under 
     the State program.
       (c) Termination.--The authority provided by subsection (a) 
     terminates on December 31, 1998.
       (d) Definitions.--For purposes of this section--
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.
       (2) State.--The term ``State'' means the State of 
     Minnesota.
       (3) Small passenger vessel.--The term ``small passenger 
     vessel'' means a small passenger vessel (as defined in 
     section 2101(35) of title 46, United States Code) of not more 
     than 40 feet overall in length.

     SEC. 1123. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS 
                   FISHING.

       Section 8103(i)(1) of title 46, United States Code, is 
     amended--
       (1) by striking ``or'' in subparagraph (B);
       (2) by striking the period at the end of subparagraph (C) 
     and inserting a semicolon and ``or''; and
       (3) by adding at the end thereof the following:
       ``(D) an alien allowed to be employed under the immigration 
     laws of the Commonwealth of the Northern Mariana Islands if 
     the vessel is permanently stationed at a port within the 
     Commonwealth and the vessel is engaged in the fisheries 
     within the exclusive economic zone surrounding the 
     Commonwealth or another United States territory or 
     possession.

     SEC. 1124. AVAILABILITY OF EXTRAJUDICIAL REMEDIES FOR DEFAULT 
                   ON PREFERRED MORTGAGE LIENS ON VESSELS.

       (a) Availability of Extrajudicial Remedies.--Section 
     31325(b) of title 46, United States Code, is amended--
       (1) in the matter preceding paragraph (1) by striking 
     ``mortgage may'' and inserting ``mortgagee may'';
       (2) in paragraph (1) by--
       (A) striking ``perferred'' and inserting ``preferred''; and
       (B) striking ``; and'' and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(3) enforce the preferred mortgage lien or a claim for 
     the outstanding indebtedness secured by the mortgaged vessel, 
     or both, by exercising any other remedy (including an 
     extrajudicial remedy) against a documented vessel, a vessel 
     for which an application for documentation is filed under 
     chapter 121 of this title, a foreign vessel, or a mortgagor, 
     maker, comaker, or guarantor for the amount of the 
     outstanding indebtedness or any deficiency in full payment of 
     that indebtedness, if--
       ``(A) the remedy is allowed under applicable law; and
       ``(B) the exercise of the remedy will not result in a 
     violation of section 9 or 37 of the Shipping Act, 1916 (46 
     U.S.C. App. 808, 835).''.
       (b) Notice.--Section 31325 of title 46, United States Code, 
     is further amended by adding at the end the following:
       ``(f)(1) Before title to the documented vessel or vessel 
     for which an application for documentation is filed under 
     chapter 121 is transferred by an extrajudicial remedy, the 
     person exercising the remedy shall give notice of the 
     proposed transfer to the Secretary, to the mortgagee of any 
     mortgage on the vessel filed in substantial compliance with 
     section 31321 of this title before notice of the proposed 
     transfer is given to the Secretary, and to any person that 
     recorded a notice of a claim of an undischarged lien on the 
     vessel under section 31343(a) or (d) of this title before 
     notice of the proposed transfer is given to the Secretary.
       ``(2) Failure to give notice as required by this subsection 
     shall not affect the transfer of title to a vessel. However, 
     the rights of any holder of a maritime lien or a preferred 
     mortgage on the vessel shall not be affected by a transfer of 
     title by an extrajudicial remedy exercised under this 
     section, regardless of whether notice is required by this 
     subsection or given.
       ``(3) The Secretary shall prescribe regulations 
     establishing the time and manner for providing notice under 
     this subsection.''.
       (c) Rule of Construction.--The amendments made by 
     subsections (a) and (b) may not be construed to imply that 
     remedies other than judicial remedies were not available 
     before the date of enactment of this section to enforce 
     claims for outstanding indebtedness secured by mortgaged 
     vessels.

     SEC. 1125. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY 
                   REQUIREMENTS.

       (a) Amount of Financial Responsibility.--Section 1016(c)(1) 
     of the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is 
     amended to read as follows:
       ``(1) In general.--
       ``(A) Evidence of financial responsibility required.--
     Except as provided in paragraph (2), a responsible party with 
     respect to an offshore facility that--
       ``(i)(I) is located seaward of the line of ordinary low 
     water along that portion of the coast that is in direct 
     contact with the open sea and the line marking the seaward 
     limit of inland waters; or
       ``(II) is located in inland waters, such as coastal bays or 
     estuaries, seaward of the line of ordinary low water along 
     that portion of the coast that is not in direct contact with 
     the open sea;
       ``(ii) is used for exploring for, drilling for, or 
     producing oil, or for transporting oil from facilities 
     engaged in oil exploration, drilling, or production; and
       ``(iii) has a worst-case oil spill discharge potential of 
     more than 1,000 barrels of oil (or a lesser amount if the 
     President determines that the risks posed by such facility 
     justify it),
     shall establish and maintain evidence of financial 
     responsibility in the amount required under subparagraph (B) 
     or (C), as applicable.
       ``(B) Amount required generally.--Except as provided in 
     subparagraph (C), the amount of financial responsibility for 
     offshore facilities that meet the criteria in subparagraph 
     (A) is--
       ``(i) $35,000,000 for offshore facilities located seaward 
     of the seaward boundary of a State; or

[[Page S 17420]]

       ``(ii) $10,000,000 for offshore facilities located landward 
     of the seaward boundary of a State.
       ``(C) Greater amount.--If the President determines that an 
     amount of financial responsibility for a responsible party 
     greater than the amount required by subparagraphs (B) and (D) 
     is justified by the relative operational, environmental, 
     human health, and other risks posed by the quantity or 
     quality of oil that is explored for, drilled for, produced, 
     stored, handled, transferred, processed or transported by the 
     responsible party, the evidence of financial responsibility 
     required shall be for an amount determined by the President 
     not exceeding $150,000,000.
       ``(D) Multiple facilities.--In the case in which a person 
     is a responsible party for more than one facility subject to 
     this subsection, evidence of financial responsibility need be 
     established only to meet the amount applicable to the 
     facility having the greatest financial responsibility 
     requirement under this subsection.
       ``(E) State jurisdiction.--The requirements of this 
     paragraph shall not apply if an offshore facility located 
     landward of the seaward boundary of a State is required by 
     such State to establish and maintain evidence of financial 
     responsibility in a manner comparable to, and in an amount 
     equal to or greater than, the requirements of this paragraph.
       ``(F) Definition.--For the purpose of this paragraph, the 
     phrase ``seaward boundary of a State'' shall mean the 
     boundaries described in section 2(b) of the Submerged Lands 
     Act (43 U.S.C. 1301(b)).''.

     SEC. 1126. DEAUTHORIZATION OF NAVIGATION PROJECT, COHASSET 
                   HARBOR, MASSACHUSETTS.

       The following portions of the project for navigation, 
     Cohasset Harbor, Massachusetts, authorized by section 2 of 
     the Act entitled ``An Act authorizing the construction, 
     repair, and preservation of certain public works on rivers 
     and harbors, and for other purposes'', approved March 2, 1945 
     (59 Stat. 12), or carried out pursuant to section 107 of the 
     River and Harbor Act of 1960 (33 U.S.C. 577), are 
     deauthorized: A 7-foot deep anchorage and a 6-foot deep 
     anchorage; beginning at site 1, starting at a point 
     N453510.15, E792664.63, thence running south 53 degrees 07 
     minutes 05.4 seconds west 307.00 feet to a point N453325.90, 
     E792419.07, thence running north 57 degrees 56 minutes 36.8 
     seconds west 201.00 feet to a point N453432.58, E792248.72, 
     thence running south 88 degrees 57 minutes 25.6 seconds west 
     50.00 feet to a point N453431.67, E792198.73, thence running 
     north 01 degree 02 minutes 52.3 seconds west 66.71 feet to a 
     point N453498.37, E792197.51, thence running north 69 degrees 
     12 minutes 52.3 seconds east 332.32 feet to a point 
     N453616.30, E792508.20, thence running south 55 degrees 50 
     minutes 24.1 seconds east 189.05 feet to point of origin; 
     then site 2, starting at a point, N452886.64, E791287.83, 
     thence running south 00 degrees 00 minutes 00.0 seconds west 
     56.04 feet to a point, N452830.60, E791287.83, thence running 
     north 90 degrees 00 minutes 00.0 seconds west 101.92 feet to 
     a point, N452830.60, E791185.91, thence running north 52 
     degrees 12 minutes 49.7 seconds east 89.42 feet to a point, 
     N452885.39, E791256.58, thence running north 87 degrees 42 
     minutes 33.8 seconds east 31.28 feet to point of origin; and 
     site 3, starting at a point, N452261.08, E792040.24, thence 
     running north 89 degrees 07 minutes 19.5 seconds east 118.78 
     feet to a point, N452262.90, E792159.01, thence running south 
     43 degrees 39 minutes 06.8 seconds west 40.27 feet to a 
     point, N452233.76, E792131.21, thence running north 74 
     degrees 33 minutes 29.1 seconds west 94.42 feet to a point, 
     N452258.90, E792040.20, thence running north 01 degree 03 
     minutes 04.3 seconds east 2.18 feet to point of origin.

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