[House Report 104-106]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-106
_______________________________________________________________________


 
           COAST GUARD AUTHORIZATION ACT FOR FISCAL YEAR 1996

_______________________________________________________________________


  May 1, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1361]

      [Including cost estimate of the Congressional Budget Office]
  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1361) to authorize appropriations 
for fiscal year 1996 for the Coast Guard, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike out 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 For 
Fiscal Year 1996''.

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--AUTHORIZATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Quarterly reports on drug interdiction.
Sec. 104. Safety determination for small boat closures.
               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

Sec. 201. Hurricane Andrew relief.
Sec. 202. Exclude certain reserves from end-of-year strength.
Sec. 203. Provision of child development services.
Sec. 204. Access to national driver register information on certain 
Coast Guard personnel.
Sec. 205. Officer retention until retirement eligible.

     TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT

Sec. 301. Foreign passenger vessel user fees.
Sec. 302. Florida Avenue Bridge.
Sec. 303. Renewal of Houston-Galveston Navigation Safety Advisory 
Committee and Lower Mississippi River Waterway Advisory Committee.
Sec. 304. Renewal of the Navigation Safety Advisory Council.
Sec. 305. Renewal of Commercial Fishing Industry Vessel Advisory 
Committee.
Sec. 306. Nondisclosure of port security plans.
Sec. 307. Maritime drug and alcohol testing program civil penalty.
Sec. 308. Withholding vessel clearance for violation of certain Acts.
Sec. 309. Increased civil penalties.
Sec. 310. Amendment to require emergency position indicating radio 
beacons on the Great Lakes.

                        TITLE IV--MISCELLANEOUS

Sec. 401. Transfer of Coast Guard property in Traverse City, Michigan.
Sec. 402. Transfer of Coast Guard property in Ketchikan, Alaska.
Sec. 403. Electronic filing of commercial instruments.
Sec. 404. Board for correction of military records deadline.
Sec. 405. Judicial sale of certain documented vessels to aliens.
Sec. 406. Improved authority to sell recyclable material.
Sec. 407. Recruitment of women and minorities.
Sec. 408. Limitation of certain State authority over vessels.
Sec. 409. Vessel financing.
Sec. 410. Sense of Congress; requirement regarding notice.
Sec. 411. Special selection boards.
Sec. 412. Availability of extrajudicial remedies for default on 
preferred mortgage liens on vessels.
Sec. 413. Implementation of water pollution laws with respect to 
vegetable oil.
Sec. 414. Certain information from marine casualty investigations 
barred in legal proceedings.
Sec. 415. Report on LORAN-C requirements.
Sec. 416. Limited double hull exemptions.
Sec. 417. Oil spill response vessels.
Sec. 418. Offshore facility financial responsibility requirements.
Sec. 419. Manning and watch requirements on towing vessels on the Great 
Lakes.
Sec. 420. Limitation on application of certain laws to Lake Texoma.

                 TITLE V--COAST GUARD REGULATORY REFORM

Sec. 501. Short title.
Sec. 502. Safety management.
Sec. 503. Use of reports, documents, records, and examinations of other 
persons.
Sec. 504. Equipment approval.
Sec. 505. Frequency of inspection.
Sec. 506. Certificate of inspection.
Sec. 507. Delegation of authority of Secretary to classification 
societies.

                   TITLE VI--DOCUMENTATION OF VESSELS

Sec. 601. Authority to issue coastwise endorsements.
Sec. 602. Vessel documentation for charity cruises.
Sec. 603. Extension of deadline for conversion of vessel M/V TWIN 
DRILL.
Sec. 604. Documentation of vessel RAINBOW'S END.
Sec. 605. Documentation of vessel GLEAM.
Sec. 606. Documentation of various vessels.
Sec. 607. Documentation of 4 barges.

             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. Clerical amendment.
Sec. 746. Repeal of Great Lakes endorsements.
Sec. 747. Convention tonnage for licenses, certificates, and documents.

              TITLE VIII--COAST GUARD AUXILIARY AMENDMENTS

Sec. 801. Administration of the Coast Guard Auxiliary.
Sec. 802. Purpose of the Coast Guard Auxiliary.
Sec. 803. Members of the Auxiliary; status.
Sec. 804. Assignment and performance of duties.
Sec. 805. Cooperation with other agencies, States, territories, and 
political subdivisions.
Sec. 806. Vessel deemed public vessel.
Sec. 807. Aircraft deemed public aircraft.
Sec. 808. Disposal of certain material.
                        TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

  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.
          (6) For necessary expenses to carry out the Coast Guard's 
        environmental compliance and restoration functions, other than 
        parts and equipment associated with operations and maintenance, 
        under chapter 19 of title 14, United States Code, at Coast 
        Guard facilities, $25,000,000, to remain available until 
        expended.

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

  (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 38,400 as of September 30, 
1996.
  (b) Military Training Student Loads.--For fiscal year 1996, the Coast 
Guard is authorized average military training student loads as follows:
          (1) For recruit and special training, 1604 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.
SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION.

  Not later than 30 days after the end of each fiscal year quarter, the 
Secretary of Transportation shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on all expenditures related to drug interdiction activities of 
the Coast Guard during that quarter.

SEC. 104. SAFETY DETERMINATION FOR SMALL BOAT CLOSURES.

  None of the funds authorized to be appropriated under this Act may be 
used to close Coast Guard multimission small boat stations unless the 
Secretary of Transportation determines that maritime safety will not be 
diminished by the closures.

               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

SEC. 201. HURRICANE ANDREW RELIEF.

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

SEC. 202. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.

  Section 712 of title 14, United States Code, is amended by adding at 
the end the following:
  ``(d) Reserve members ordered to active duty under this section shall 
not be counted in computing authorized strength of members on active 
duty or members in grade under this title or under any other law.''.
SEC. 203. PROVISION OF CHILD DEVELOPMENT SERVICES.

  Section 93 of title 14, United States Code, is amended by striking 
``and'' after the semicolon at the end of paragraph (t)(2), by striking 
the period at the end of paragraph (u) and inserting ``; and'', and by 
adding at the end the following new paragraph:
          ``(v) make child development services available to members of 
        the armed forces and Federal civilian employees under terms and 
        conditions comparable to those under the Military Child Care 
        Act of 1989 (10 U.S.C. 113 note).''.
SEC. 204. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON CERTAIN 
                    COAST GUARD PERSONNEL.

  (a) Amendment to Title 14.--Section 93 of title 14, United States 
Code, as amended by section 203, is further amended--
          (1) by striking ``and'' after the semicolon at the end of 
        paragraph (u);
          (2) by striking the period at the end of paragraph (v) and 
        inserting ``; and''; and
          (3) by adding at the end the following new paragraph:
          ``(w) require that any officer, chief warrant officer, or 
        enlisted member of the Coast Guard or Coast Guard Reserve 
        (including a cadet or an applicant for appointment or 
        enlistment to any of the foregoing and any member of a 
        uniformed service who is assigned to the Coast Guard) request 
        that all information contained in the National Driver Register 
        pertaining to the individual, as described in section 30304(a) 
        of title 49, be made available to the Commandant under section 
        30305(a) of title 49, may receive that information, and upon 
        receipt, shall make the information available to the 
        individual.''.
  (b) Amendment to Title 49.--Section 30305(b) of title 49, United 
States Code, is amended by redesignating paragraph (7) as paragraph (8) 
and inserting after paragraph (6) the following new paragraph:
  ``(7) An individual who is an officer, chief warrant officer, or 
enlisted member of the Coast Guard or Coast Guard Reserve (including a 
cadet or an applicant for appointment or enlistment of any of the 
foregoing and any member of a uniformed service who is assigned to the 
Coast Guard) may request the chief driver licensing official of a State 
to provide information about the individual under subsection (a) of 
this section to the Commandant of the Coast Guard. The Commandant may 
receive the information and shall make the information available to the 
individual. Information may not be obtained from the Register under 
this paragraph if the information was entered in the Register more than 
3 years before the request, unless the information is about a 
revocation or suspension still in effect on the date of the request.''.

SEC. 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 
        in 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.''.

     TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT

SEC. 301. FOREIGN PASSENGER VESSEL USER FEES.

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

SEC. 302. FLORIDA AVENUE BRIDGE.

  For purposes of the alteration of the Florida Avenue Bridge (located 
approximately 1.63 miles east of the Mississippi River on the Gulf 
Intracoastal Waterway in Orleans Parish, Louisiana) ordered by the 
Secretary of Transportation under the Act of June 21, 1940 (33 U.S.C. 
511 et seq.; popularly known as the Truman-Hobbs Act), the Secretary of 
Transportation 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. 303. RENEWAL OF HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY 
                    COMMITTEE AND LOWER MISSISSIPPI RIVER WATERWAY 
                    ADVISORY COMMITTEE.

  The Coast Guard Authorization Act of 1991 (Public Law 102-241, 105 
Stat. 2208-2235) is amended--
          (1) in section 18 by adding at the end the following:
  ``(h) The Committee shall terminate on October 1, 2000.''; and
          (2) in section 19 by adding at the end the following:
  ``(g) The Committee shall terminate on October 1, 2000.''.

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

  (a) Renewal.--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) Clerical Amendment.--The section heading for section 5(d) of the 
Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended by 
striking ``Rules of the Road Advisory Council'' and inserting 
``Navigation Safety Advisory Council''.
SEC. 305. RENEWAL OF COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY 
                    COMMITTEE.

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

SEC. 306. NONDISCLOSURE OF PORT SECURITY PLANS.

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

SEC. 307. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL PENALTY.

  (a) Penalty Imposed.--Chapter 21 of title 46, United States Code, is 
amended by adding at the end the following new section:

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

  ``Any person who fails to comply with or otherwise violates the 
requirements prescribed by the Secretary under this subtitle for 
chemical testing for dangerous drugs or for evidence of alcohol use 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) Clerical 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 new item:

``2115. Civil penalty to enforce alcohol and dangerous drug testing.''.
SEC. 308. 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 App. U.S.C. 91).
  ``(2) Clearance refused or revoked under this subsection may be 
granted upon the filing of a bond or other surety satisfactory to the 
Secretary.''.
  (b) Port and Waterways Safety Act.--Section 13(f) of the Ports and 
Waterways Safety Act (33 U.S.C. 1232(f)) is amended to read as follows:
  ``(f) Withholding of Clearance.--(1) If any owner, operator, or 
person in charge of a vessel is liable for a penalty or fine under this 
section, or if reasonable cause exists to believe that the owner, 
operator, or person in charge may be subject to a penalty or fine under 
this section, the Secretary of the Treasury, upon the request of the 
Secretary, shall with respect to such vessel refuse or revoke any 
clearance required by section 4197 of the Revised Statutes of the 
United States (46 App. U.S.C. 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 App. U.S.C. 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.''.

SEC. 309. INCREASED 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 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. 310. AMENDMENT TO REQUIRE EMERGENCY POSITION INDICATING RADIO 
                    BEACONS 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''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. TRANSFER OF COAST GUARD PROPERTY IN TRAVERSE CITY, MICHIGAN.

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

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

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

SEC. 403. 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. 404. 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) Application.--This section applies to all applications filed with 
or pending before the Board or the Secretary of Transportation on or 
after June 12, 1990. For applications that were pending on June 12, 
1990, the 10-month deadline referred to in subsection (b) shall be 
calculated from June 12, 1990.
SEC. 405. 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--
          ``(1) as a fishing vessel, fish processing vessel, or fish 
        tender vessel; or
          ``(2) for pleasure.''.

SEC. 406. 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. 407. RECRUITMENT OF WOMEN AND MINORITIES.

  Not later than January 31, 1996, the Commandant of the Coast Guard 
shall report to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate, on the status of and the problems in 
recruitment of women and minorities into the Coast Guard. The report 
shall contain specific plans to increase the recruitment of women and 
minorities and legislative recommendations needed to increase the 
recruitment of women and minorities.
SEC. 408. LIMITATION OF CERTAIN STATE AUTHORITY OVER VESSELS.

  (a) Short Title.--This section may be cited as the ``California 
Cruise Industry Revitalization Act''.
  (b) Limitation.--Section 5(b)(2) of the Act of January 2, 1951 (15 
U.S.C. 1175(b)(2)), commonly referred to as the ``Johnson Act'', is 
amended by adding at the end the following:
                  ``(C) Exclusion of certain voyages and segments.--
                Except for a voyage or segment of a voyage that occurs 
                within the boundaries of the State of Hawaii, 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. 409. VESSEL FINANCING.

  (a) Elimination of Mortgagee Restrictions.--Section 31322(a) of title 
46, United States Code, is amended to read as follows:
  ``(a) A preferred mortgage is a mortgage, whenever made, that--
          ``(1) includes the whole of the vessel;
          ``(2) is filed in substantial compliance with section 31321 
        of this title; and
          ``(3)(A) covers a documented vessel; or
          ``(B) covers a vessel for which an application for 
        documentation is filed that is in substantial compliance with 
        the requirements of chapter 121 of this title and the 
        regulations prescribed under that chapter.''.
  (b) Elimination of Trustee Restrictions.--
          (1) Repeal.--Section 31328 of title 46, United States Code, 
        is repealed.
          (2) Conforming amendments.--Section 31330(b) of title 46, 
        United States Code, is amended in paragraphs (1), (2), and (3) 
        by striking ``31328 or'' each place it appears.
          (3) Clerical amendment.--The table of sections at the 
        beginning of chapter 313 of title 46, United States Code, is 
        amended by striking the item relating to section 31328.
  (c) Removal of Mortgage Restrictions.--Section 9 of the Shipping Act, 
1916 (46 App. U.S.C. 808) is amended--
          (1) in subsection (c)--
                  (A) by striking ``31328'' and inserting ``12106(e)''; 
                and
                  (B) in paragraph (1) by striking ``mortgage,'' each 
                place it appears; and
          (2) in subsection (d)--
                  (A) in paragraph (1) by striking ``transfer, or 
                mortgage'' and inserting ``or transfer'';
                  (B) in paragraph (2) by striking ``transfers, or 
                mortgages'' and inserting ``or transfers'';
                  (C) in paragraph (3)(B) by striking ``transfers, or 
                mortgages'' and inserting ``or transfers''; and
                  (D) in paragraph (4) by striking ``transfers, or 
                mortgages'' and inserting ``or transfers''.
  (d) Lease Financing.--Section 12106 of title 46, United States Code, 
is amended by adding at the end the following new subsections:
  ``(e)(1) A certificate of documentation for a vessel may be endorsed 
with a coastwise endorsement if--
          ``(A) the vessel is eligible for documentation under section 
        12102;
          ``(B) the vessel is otherwise qualified under this section to 
        be employed in the coastwise trade;
          ``(C) the person that owns the vessel, a parent entity of 
        that person, or a subsidiary of a parent entity of that person, 
        is engaged in leasing;
          ``(D) the vessel is under a demise charter to a person 
        qualifying as a citizen of the United States for engaging in 
        the coastwise trade under section 2 of the Shipping Act, 1916; 
        and
          ``(E) the demise charter is for--
                  ``(i) a period of at least 3 years; or
                  ``(ii) such shorter period as may be prescribed by 
                the Secretary.
  ``(2) On termination of a demise charter required under paragraph 
(1)(D), the coastwise endorsement may be continued for a period not to 
exceed 6 months on any terms and conditions that the Secretary of 
Transportation may prescribe.
  ``(f) For purposes of the first proviso of section 27 of the Merchant 
Marine Act, 1920, section 2 of the Shipping Act, 1916, and section 
12102(a) of this title, a vessel meeting the criteria of subsection (d) 
or (e) is deemed to be owned exclusively by citizens of the United 
States.''.
SEC. 410. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

  (a) Purchase of American-Made Equipment and Products.--It is the 
sense of the Congress that, to the greatest extent practicable, all 
equipment and products purchased with funds made available under this 
Act should be American-made.
  (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the official responsible for providing the 
assistance, to the greatest extent practicable, shall provide to each 
recipient of the assistance a notice describing the statement made in 
subsection (a) by the Congress.

SEC. 411. SPECIAL SELECTION BOARDS.

  (a) Requirement.--Chapter 21 of title 14, United States Code, is 
amended by adding at the end the following new section:

``Sec. 747. Special selection boards

  ``(a) The Secretary shall provide for special selection boards to 
consider the case of any officer who is eligible for promotion who--
          ``(1) was not considered for selection for promotion by a 
        selection board because of administrative error; or
          ``(2) was considered for selection for promotion by a 
        selection board but not selected because--
                  ``(A) the action of the board that considered the 
                officer was contrary to law or involved a material 
                error of fact or material administrative error; or
                  ``(B) the board that considered the officer did not 
                have before it for its consideration material 
                information.
  ``(b) Not later than 6 months after the date of the enactment of the 
Coast Guard Authorization Act For Fiscal Year 1996, the Secretary shall 
issue regulations to implement this section. The regulations shall 
conform, as appropriate, to the regulations and procedures issued by 
the Secretary of Defense for special selection boards under section 628 
of title 10, United States Code.''.
  (b) Clerical Amendment.--The table of sections for chapter 21 of 
title 14, United States Code, is amended by adding after the item for 
section 746 the following:

``747. Special selection boards.''.
SEC. 412. 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 App. U.S.C. 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. 413. IMPLEMENTATION OF WATER POLLUTION LAWS WITH RESPECT TO 
                    VEGETABLE OIL.

  (a) Differentiation Among Fats, Oils, and Greases.--
          (1) In general.--In issuing or enforcing a regulation, an 
        interpretation, or a guideline relating to a fat, oil, or 
        grease under a Federal law related to water pollution control, 
        the head of a Federal agency shall--
                  (A) differentiate between and establish separate 
                classes for--
                          (i)(I) animal fats; and
                          (II) vegetable oils; and
                          (ii) other oils, including petroleum oil; and
                  (B) apply different standards to different classes of 
                fat and oil as provided in paragraph (2).
          (2) Considerations.--In differentiating between the classes 
        of animal fats and vegetable oils referred to in paragraph 
        (1)(A)(i) and the classes of oils described in paragraph 
        (1)(A)(ii), the head of a Federal agency shall consider 
        differences in physical, chemical, biological, and other 
        properties, and in the environmental effects, of the classes.
  (b) Financial Responsibility.--
          (1) Limits on liability.--Section 1004(a)(1) of the Oil 
        Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is amended by 
        striking ``for a tank vessel,'' and inserting ``for a tank 
        vessel carrying oil in bulk as cargo (unless the only oil 
        carried is an animal fat or vegetable oil, as those terms are 
        defined in section 413(c) of the Coast Guard Authorization Act 
        For Fiscal Year 1996),''.
          (2) Financial responsibility.--The first sentence of section 
        1016(a) of the Act (33 U.S.C. 2716(a)) is amended by striking 
        ``in the case of a tank vessel,'' and inserting ``in the case 
        of a tank vessel carrying oil in bulk as cargo (unless the only 
        oil carried is an animal fat or vegetable oil, as those terms 
        are defined in section 413(c) of the Coast Guard Authorization 
        Act for Fiscal Year 1996),''.
  (c) Definitions.--In this section, the following definitions apply:
          (1) Animal fat.--The term ``animal fat'' means each type of 
        animal fat, oil, or grease, including fat, oil, or grease from 
        fish or a marine mammal and any fat, oil, or grease referred to 
        in section 61(a)(2) of title 13, United States Code.
          (2) Vegetable oil.--The term ``vegetable oil'' means each 
        type of vegetable oil, including vegetable oil from a seed, 
        nut, or kernel and any vegetable oil referred to in section 
        61(a)(1) of title 13, United States Code.

SEC. 414. CERTAIN INFORMATION FROM MARINE CASUALTY INVESTIGATIONS 
                    BARRED IN LEGAL PROCEEDINGS.

  (a) In General.--Title 46, United States Code, is amended by 
inserting after section 6307 the following new section:

``Sec. 6308. Information barred in legal proceedings

  ``(a) Notwithstanding any other provision of law, any opinion, 
recommendation, deliberation, or conclusion contained in a report of a 
marine casualty investigation conducted under section 6301 of this 
title with respect to the cause of, or factors contributing to, the 
casualty set forth in the report of the investigation is not admissible 
as evidence or subject to discovery in any civil, administrative, or 
State criminal proceeding arising from a marine casualty, other than 
with the permission and consent of the Secretary of Transportation, in 
his or her sole discretion. Any employee of the United States or 
military member of the Coast Guard investigating a marine casualty or 
assisting in any such investigation conducted pursuant to section 6301 
of this title, shall not be subject to deposition or other discovery, 
or otherwise testify or give information in such proceedings relevant 
to a marine casualty investigation, without the permission and consent 
of the Secretary of Transportation in his or her sole discretion. In 
exercising this discretion in cases where the United States is a party, 
the Secretary shall not withhold permission for an employee to testify 
solely on factual matters where the information is not available 
elsewhere or is not obtainable by other means. Nothing in this section 
prohibits the United States from calling an employee as an expert 
witness to testify on its behalf.
  ``(b) The information referred to in subsection (a) of this section 
shall not be considered an admission of liability by the United States 
or by any person referred to in those conclusions or statements.''.
  (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 63 of title 46, United States Code, is amended by adding after 
the item related to section 6307 the following:

``6308. Information barred in legal proceedings.''.
SEC. 415. REPORT ON LORAN-C REQUIREMENTS.

  Not later than 6 months after the date of the enactment of this Act, 
the Secretary of Transportation shall submit a report to the Committee 
on Transportation and Infrastructure of the House of Representatives, 
and the Committee on Commerce, Science and Transportation of the 
Senate, 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 report shall address the following:
          (1) 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.
          (2) The need to ensure that LORAN-C technology purchased by 
        the public before the year 2000 has a useful economic life.
          (3) The benefits of fully utilizing the compatibilities of 
        LORAN-C technology and satellite-based technology by all modes 
        of transportation.
          (4) The need for all agencies in the Department of 
        Transportation and other relevant Federal agencies to share the 
        Federal Government's costs related to LORAN-C technology.

SEC. 416. LIMITED DOUBLE HULL EXEMPTIONS.

  Section 3703a(b) of title 46, United States Code, is amended by--
          (1) striking ``or'' at the end of paragraph (2);
          (2) striking the period at the end of paragraph (3) and 
        inserting a semicolon; and
          (3) adding at the end the following new paragraphs:
          ``(4) a vessel equipped with a double hull before August 12, 
        1992; or
          ``(5) a barge of less than 2,000 gross tons that is primarily 
        used to carry deck cargo and bulk fuel to Native villages (as 
        that term is defined in section 3 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601)) located on or adjacent to bays 
        or rivers above 58 degrees north latitude.''.

SEC. 417. OIL SPILL RESPONSE VESSELS.

  (a) Definition.--Section 2101 of title 46, United States Code, is 
amended--
          (1) by redesignating paragraph (20a) as paragraph (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 the 
following new subsection:
  ``(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 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 by striking ``and'' after the 
semicolon at the end of paragraph (7), by striking the period at the 
end of paragraph (8) and inserting ``; and'', and by adding at the end 
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. 418. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS.

  (a) Definition of Responsible Party.--Section 1001(32)(C) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2701(32)(C)) is amended by striking 
``applicable State law or'' and inserting ``applicable State law 
relating to exploring for, producing, or transporting oil on submerged 
lands on the Outer Continental Shelf in accordance with a license or 
permit issued for such purpose, or under''.
  (b) 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), each 
                responsible party with respect to an offshore facility 
                described in section 1001(32)(C) located seaward of the 
                line of mean high tide that is--
                          ``(i) used for drilling for, producing, or 
                        processing oil; and
                          ``(ii) has the capacity to transport, store, 
                        transfer, or otherwise handle more than 1,000 
                        barrels of oil at any one time,
                shall establish and maintain evidence of financial 
                responsibility in the amount required under 
                subparagraph (B) or (C), applicable.
                  ``(B) Amount required generally.--Except as provided 
                in subparagraph (C), for purposes of subparagraph (A) 
                the amount of financial responsibility required is 
                $35,000,000.
                  ``(C) Greater amount.--If the President determines 
                that an amount of financial responsibility greater than 
                the amount required by subparagraph (B) is necessary 
                for an offshore facility, based on an assessment of the 
                risk posed by the facility that includes consideration 
                of the relative operational, environmental, human 
                health, and other risks posed by the quantity or 
                quality of oil that is transported, stored, 
                transferred, or otherwise handled by the facility, the 
                amount of financial responsibility required shall not 
                exceed $150,000,000 determined by the President on the 
                basis of clear and convincing evidence that the risks 
                posed justify the greater amount.
                  ``(D) Multiple facilities.--In a case in which a 
                person is responsible 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) Guarantee method.--Except with respect of 
                financial responsibility established by the guarantee 
                method, subsection (f) shall not apply with respect to 
                this subsection.''.

SEC. 419. 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. 420. LIMITATION ON APPLICATION OF CERTAIN LAWS TO LAKE TEXOMA.

  (a) Limitation.--The laws administered by the Coast Guard relating to 
documentation or inspection of vessels or licensing or documentation of 
vessel operators do not apply to any small passenger vessel operating 
on Lake Texoma.
  (b) Definitions.--In this section:
          (1) The term ``Lake Texoma'' means the impoundment by that 
        name on the Red River, located on the border between Oklahoma 
        and Texas.
          (2) The term ``small passenger vessel'' has the meaning given 
        that term in section 2101 of title 46, United States Code.
                 TITLE V--COAST GUARD REGULATORY REFORM

SEC. 501. SHORT TITLE.

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

SEC. 502. SAFETY MANAGEMENT.

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

                  ``CHAPTER 32--MANAGEMENT OF VESSELS
``Sec.
``3201. Definitions.
``3202. Application.
``3203. Safety management system.
``3204. Implementation of safety management system.
``3205. Certification.
``Sec. 3201. Definitions

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

``Sec. 3202. Application

  ``(a) Mandatory Application.--This chapter applies to the following 
vessels engaged on a foreign voyage:
          ``(1) Beginning July 1, 1998--
                  ``(A) a vessel transporting more than 12 passengers 
                described in section 2101(21)(A) of this title; and
                  ``(B) a tanker, bulk freight vessel, or high-speed 
                freight vessel, of at least 500 gross tons.
          ``(2) Beginning July 1, 2002, a freight vessel and a mobile 
        offshore drilling unit of at least 500 gross tons.
  ``(b) Voluntary Application.--This chapter applies to a vessel not 
described in subsection (a) of this section if the owner of the vessel 
requests the Secretary to apply this chapter to the vessel.
  ``(c) Exception.--Except as provided in subsection (b) of this 
section, this chapter does not apply to--
          ``(1) a barge;
          ``(2) a recreational vessel not engaged in commercial 
        service;
          ``(3) a fishing vessel;
          ``(4) a vessel operating on the Great Lakes or its tributary 
        and connecting waters; or
          ``(5) a public vessel.
``Sec. 3203. Safety management system

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

``Sec. 3204. Implementation of safety management system

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

``Sec. 3205. Certification

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

``32. Management of vessels.................................

                                                                3201''.
  (c) Study.--
          (1) Study.--The Secretary of Transportation 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. 503. 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. 504. 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. 505. 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. 506. CERTIFICATE OF INSPECTION.

  Section 3309(c) of title 46, United States Code, is amended by 
striking ``(but not more than 60 days)''.
SEC. 507. 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 VI--DOCUMENTATION OF VESSELS
SEC. 601. AUTHORITY TO ISSUE COASTWISE ENDORSEMENTS.

  Section 12106 of title 46, United States Code, is further amended by 
adding at the end the following new subsection:
  ``(g) A coastwise endorsement may be issued for a vessel that--
          ``(1) is less than 200 gross tons;
          ``(2) is eligible for documentation;
          ``(3) was built in the United States; and
          ``(4) was--
                  ``(A) sold foreign in whole or in part; or
                  ``(B) placed under foreign registry.''.

SEC. 602. VESSEL DOCUMENTATION FOR CHARITY CRUISES.

  (a) Authority To Document Vessels.--
          (1) In general.--Notwithstanding section 27 of the Merchant 
        Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886 
        (46 App. U.S.C. 289), and section 12106 of title 46, United 
        States Code, and subject to paragraph (2), the Secretary of 
        Transportation may issue a certificate of documentation with a 
        coastwise endorsement 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 carriage of passengers in 
        association with contributions to charitable organizations no 
        portion of which is received, directly or indirectly, by the 
        owner of the vessel.
          (3) Condition.--The Secretary may not issue any certificate 
        of documentation under paragraph (1) unless the owner of the 
        vessel referred to in paragraph (1)(A) (in this section 
        referred to as the ``owner''), within 90 days after the date of 
        the enactment of this Act, submits to the Secretary a letter 
        expressing the intent of the owner to enter into a contract 
        before October 1, 1996, for construction in the United States 
        of a passenger vessel of at least 130 feet in length.
          (4) Effective date of certificates.--A certificate of 
        documentation issued under paragraph (1)--
                  (A) for the vessel referred to in paragraph (1)(A), 
                shall take effect on the date of issuance of the 
                certificate; and
                  (B) for the vessel referred to in paragraph (1)(B), 
                shall take effect on the date of delivery of the vessel 
                to the owner.
  (b) Termination of Effectiveness of Certificates.--A certificate of 
documentation issued for a vessel under section (a)(1) shall expire--
          (1) on the date of the sale of the vessel by the owner;
          (2) on October 1, 1996, if the owner has not entered into a 
        contract for construction of a vessel in accordance with the 
        letter of intent submitted to the Secretary under subsection 
        (a)(3); and
          (3) on any date on which such a contract is breached, 
        rescinded, or terminated (other than for completion of 
        performance of the contract) by the owner.
SEC. 603. EXTENSION OF DEADLINE FOR CONVERSION OF VESSEL M/V TWIN 
                    DRILL.

  Section 601(d) of Public Law 103-206 (107 Stat. 2445) is amended--
          (1) in paragraph (3), by striking ``1995'' and inserting 
        ``1996''; and
          (2) in paragraph (4), by striking ``12'' and inserting 
        ``24''.

SEC. 604. DOCUMENTATION OF VESSEL RAINBOW'S END.

  Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. 
U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and 
sections 12106, 12107, and 12108 of title 46, United States Code, the 
Secretary of Transportation may issue a certificate of documentation 
with appropriate endorsements for employment in the coastwise trade, 
Great Lakes trade, and the fisheries for the vessel RAINBOW'S END 
(official number 1026899; hull identification number MY13708C787).

SEC. 605. DOCUMENTATION OF VESSEL GLEAM.

  Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. 
U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and section 
12106 of title 46, United States Code, the Secretary of Transportation 
may issue a certificate of documentation with appropriate endorsement 
for employment in the coastwise trade for the vessel GLEAM (United 
States official number 921594).
SEC. 606. DOCUMENTATION OF VARIOUS VESSELS.

  (a) In General.--Notwithstanding section 27 of the Merchant Marine 
Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App. 
U.S.C. 289), the Act of May 28, 1906 (46 App. U.S.C. 292), and sections 
12106, 12107, and 12108 of title 46, United States Code, the Secretary 
of the department in which the Coast Guard is operating may issue a 
certificate of documentation with appropriate endorsements for each of 
the vessels listed in subsection (b).
  (b) Vessels Described.--The vessels referred to in subsection (a) are 
the following:
          (1) ANNAPOLIS (United States official number 999008).
          (2) CHESAPEAKE (United States official number 999010).
          (3) CONSORT (United States official number 999005).
          (4) CURTIS BAY (United States official number 999007).
          (5) HAMPTON ROADS (United States official number 999009).
          (6) JAMESTOWN (United States official number 999006).
SEC. 607. DOCUMENTATION OF 4 BARGES.

  (a) In General.--Notwithstanding section 27 of the Merchant Marine 
Act, 1920 (46 App. U.S.C. 883), section 1 of the Act of May 28, 1906 
(46 App. U.S.C. 292), and section 12106 of title 46, United States 
Code, the Secretary of Transportation may issue a certificate of 
documentation with appropriate endorsements for each of the vessels 
listed in subsection (b).
  (b) Vessels Described.--The vessels referred to in subsection (a) are 
4 barges owned by McLean Contracting Company (a corporation organized 
under the laws of the State of Maryland) and numbered by that company 
as follows:
          (1) Barge 76 (official number 1030612).
          (2) Barge 77 (official number 1030613).
          (3) Barge 78 (official number 1030614).
          (4) Barge 100 (official number 1030615).
             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. The 
alternate tonnage shall, to the maximum extent possible, be equivalent 
to the statutorily established tonnage. 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 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 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 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. 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. 746. 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''.

SEC. 747. 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.''.
              TITLE VIII--COAST GUARD AUXILIARY AMENDMENTS

SEC. 801. ADMINISTRATION OF THE COAST GUARD AUXILIARY.

  (a) In General.--Section 821 of title 14, United States Code, is 
amended to read as follows:

``Sec. 821. Administration of the Coast Guard Auxiliary

  ``(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 
(to be known as the `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--
          ``(1) chapter 26 of title 28 (popularly known as the Federal 
        Tort Claims Act);
          ``(2) section 2733 of title 10 (popularly known as the 
        Military Claims Act);
          ``(3) the Act of March 3, 1925 (46 App. U.S.C. 781-790; 
        popularly known as the Public Vessels Act);
          ``(4) the Act of March 9, 1920 (46 App. U.S.C. 741-752; 
        popularly known as the Suits in Admiralty Act);
          ``(5) the Act of June 19, 1948 (46 App. U.S.C. 740; popularly 
        known as the Admiralty Extension Act); and
          ``(6) other matters related to noncontractual civil 
        liability.
  ``(c) The national board of the Auxiliary, and any Auxiliary district 
or region, may form a corporation under State law in accordance with 
policies established by the Commandant.''.
  (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 23 of title 14, United States Code, is amended by striking the 
item relating to section 821, and inserting the following:

``821. Administration of the Coast Guard Auxiliary.''.
SEC. 802. PURPOSE OF THE COAST GUARD AUXILIARY.

  (a) In General.--Section 822 of title 14, United States Code, is 
amended to read as follows:

``Sec. 822. Purpose of the Coast Guard Auxiliary

  ``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) Clerical Amendment.--The table of sections at the beginning of 
chapter 23 of title 14, United States Code, is amended by striking the 
item relating to section 822 and inserting the following:

``822. Purpose of the Coast Guard Auxiliary.''.
SEC. 803. MEMBERS OF THE AUXILIARY; STATUS.

  (a) In General.--Section 823 of title 14, United States Code, is 
amended--
          (1) in the heading by adding ``, and status'' after 
        ``enrollments'';
          (2) by inserting ``(a)'' before ``The Auxiliary''; and
          (3) by adding at the end the following new subsections:
  ``(b) A member of the Coast Guard Auxiliary is not a Federal employee 
except for the following purposes:
          ``(1) Chapter 26 of title 28 (popularly known as the Federal 
        Tort Claims Act).
          ``(2) Section 2733 of title 10 (popularly known as the 
        Military Claims Act).
          ``(3) The Act of March 3, 1925 (46 App. U.S.C. 781-790; 
        popularly known as the Public Vessel Act).
          ``(4) The Act of March 9, 1920 (46 App. U.S.C. 741-752; 
        popularly known as the Suits in Admiralty Act).
          ``(5) The Act of June 19, 1948 (46 App. U.S.C. 740; popularly 
        known as the Admiralty Extension Act).
          ``(6) Other matters related to noncontractual civil 
        liability.
          ``(7) Compensation for work injuries under chapter 81 of 
        title 5.
          ``(8) The resolution of claims relating to damage to or loss 
        of personal property of the member incident to service under 
        section 3721 of title 31 (popularly known as the Military 
        Personnel and Civilian Employees' Claims Act of 1964).
  ``(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.''.
  (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 23 of title 14, United States Code, is amended by striking the 
item relating to section 823 and inserting the following:

``823. Eligibility, enrollments, and status.''.
SEC. 804. ASSIGNMENT AND PERFORMANCE OF DUTIES.

  (a) Travel and Subsistence Expense.--Section 830(a) of title 14, 
United States Code, is amended by striking ``specific''.
  (b) Assignment of General Duties.--Section 831 of title 14, United 
States Code, is amended by striking ``specific'' each place it appears.
  (c) Benefits for Injury or Death.--Section 832 of title 14, United 
States Code, is amended by striking ``specific'' each place it appears.
SEC. 805. COOPERATION WITH OTHER AGENCIES, STATES, TERRITORIES, AND 
                    POLITICAL SUBDIVISIONS.

  (a) In General.--Section 141 of title 14, United States Code, is 
amended--
          (1) by striking the section heading and inserting the 
        following:

``Sec. 141. Cooperation with other agencies, States, territories, and 
                    political subdivisions'';

          (2) in the first sentence of subsection (a), by inserting 
        after ``personnel and facilities'' the following: ``(including 
        members of the Auxiliary and facilities governed under chapter 
        23)''; and
          (3) by adding at the end of subsection (a) the following new 
        sentence: ``The Commandant may prescribe conditions, including 
        reimbursement, under which personnel and facilities may be 
        provided under this subsection.''.
  (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of title 14, United States Code, is amended by striking the 
item relating to section 141 and inserting the following:

``141. Cooperation with other agencies, States, territories, and 
political subdivisions.''.
SEC. 806. VESSEL DEEMED PUBLIC VESSEL.
  Section 827 of title 14, United States Code, is amended to read as 
follows:

``Sec. 827. Vessel deemed public vessel

  ``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. 807. AIRCRAFT DEEMED PUBLIC AIRCRAFT.

  Section 828 of title 14, United States Code, is amended to read as 
follows:

``Sec. 828. Aircraft deemed public aircraft

  ``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. 808. DISPOSAL OF CERTAIN MATERIAL.

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

    The primary purpose of H.R. 1361 is to authorize funds for 
the United States Coast Guard for fiscal year 1996. Funding is 
authorized for the following accounts within the Coast Guard's 
budget: Operations and Maintenance; Acquisition, Construction 
and Improvements; Research and Development; Retired Pay; 
Alteration of Bridges; and Environmental Compliance.
    H.R. 1361 also:
          Sets end-of-year strength levels for active duty 
        military personnel and establishes military training 
        levels;
          Requires the Secretary of Transportation to submit to 
        Congress quarterly reports on Coast Guard drug 
        interdiction expenditures;
          Prohibits the closure of Coast Guard multimission 
        small boat stations unless the Secretary of 
        Transportation determines that maritime safety will not 
        be diminished by the closures;
          Provides financial relief to Coast Guard families 
        affected by Hurricane Andrew;
          Excludes certain reservists from end-of-year strength 
        levels;
          Authorizes the Coast Guard to provide child 
        development services for Coast Guard employees;
          Authorizes the Commandant of the Coast Guard to 
        require that Coast Guard military personnel have their 
        National Driver Register records furnished directly to 
        the Commandant;
          Allows Coast Guard officers with at least 18 years of 
        service, and who have been passed over for promotion 
        twice, to continue on active duty until they are 
        eligible for retirement after 20 years of service;
          Authorizes the Coast Guard to charge for the full 
        cost of inspecting foreign passenger vessels;
          Designates the siphon adjacent to the Florida Avenue 
        Bridge in Orleans Parish, Louisiana, as an appurtenance 
        under the Truman-Hobbs Act;
          Establishes a termination date of October 1, 2000, 
        for the Houston-Galveston Navigation Safety Advisory 
        Committee, the Lower Mississippi River Waterway 
        Advisory Committee, the Navigation Safety Advisory 
        Council, and the Commercial Fishing Industry Vessel 
        Advisory Committee;
          Exempts any information regarding passenger vessel or 
        terminal security plans, established by the Coast 
        Guard, from the public disclosure requirements of any 
        law;
          Provides for a civil penalty of not more than $1,000 
        per day for marine employers who violate the Coast 
        Guard's drug and alcohol testing regulations;
          Authorizes the Secretary of the Treasury, at the 
        request of the Secretary of Transportation, to refuse 
        or revoke a vessel's clearance when that vessel is 
        liable for a penalty under laws related to navigation 
        safety;
          Increases the civil penalty from $1,000 to not more 
        than $25,000 for failing to report a marine casualty, 
        and increases the civil penalty for failing to operate 
        certain vessels without a licensed operator from $1,000 
        to not more than $25,000;
          Requires Emergency Position Indicating Radio Beacons 
        (EPIRBS) on uninspected commercial fishing industry 
        vessels operating more than three miles from the 
        coastline of the Great Lakes;
          Transfers approximately 27.10 acres of excess 
        property, located in Traverse City, Michigan, from the 
        Coast Guard to the Traverse City Area Public School 
        District;
          Transfers \3/4\ of an acre of excess property in 
        Ketchikan, Alaska, from the Coast Guard to the 
        Ketchikan Indian Corporation;
          Allows the public to file a bill of sale, conveyance, 
        mortgage, assignment, or related instrument with the 
        Coast Guard electronically;
          Mandates that action be completed on applications for 
        correction of military records received by the Board 
        for Corrections of Military Records of the Coast Guard 
        within 10 months;
          Conforms the requirements for a judicial sale of 
        documented fishing and recreational vessels to the 
        requirements for the sale of vessels under section 808 
        of title 46, United States Code;
          Exempts the Coast Guard from current Federal excess 
        property disposal requirements for small sales of 
        recyclable materials;
          Requires the Coast Guard to submit a report to 
        Congress on its efforts to recruit women and 
        minorities;
          Prohibits a state from regulating gambling in 
        international waters during the intrastate segment of a 
        voyage that begins or ends in the same state or U.S. 
        possession and is part of a voyage to another state or 
        country;
          Eliminates restrictions on persons that may be a 
        mortgagee for a U.S.-flag vessel and eliminates 
        citizenship requirements for leasing companies;
          Expresses the sense of Congress that, to the greatest 
        extent practicable, all equipment and products 
        purchased by the Coast Guard should be American-made;
          Requires the Secretary of Transportation to establish 
        special Coast Guard selection boards;
          Allows marine lenders to use methods other than 
        pursuing their rights in the Federal Courts when they 
        foreclose loans secured by federally mortgaged vessels;
          Requires the Coast Guard and other Federal agencies 
        to differentiate in their regulations between the 
        transportation of vegetable oils and petroleum oils, 
        and lowers the amount of financial responsibility 
        requirements for vessels carrying only animal fats or 
        vegetable oils;
          Limits the use of Coast Guard marine casualty 
        investigation reports as evidence in civil, 
        administrative, and state criminal proceedings;
          Requires the Secretary of Transportation to submit a 
        report to Congress on the future use and funding for 
        operations, maintenance, and upgrades of the LORAN-C 
        radionavigation system;
          Deems those double-hulled vessels delivered before 
        August 12, 1992, to be in compliance with the double-
        hull requirement of the Oil Pollution Act of 1990 (OPA 
        90), and exempts barges of less than 2,000 gross tons 
        that are primarily used to carry deck cargo and bulk 
        fuel to Alaska Native villages from the double-hull 
        requirement;
          Defines an oil spill response vessel (OSRV) as a 
        vessel used to respond to a discharge of oil or a 
        hazardous substance, and specifically exempts an OSVR 
        from the tank vessel definition in OPA 90;
          Exempts marinas from the requirement under OPE 90 to 
        obtain $150 million in financial responsibility; lowers 
        the financial responsibility requirement for offshore 
        oil facilities to the ``pre-OPA 90'' level of $35 
        million, with Presidential authority to raise the 
        requirement back to $150 million based on a risk 
        assessment; establishes a 1,000 barrel production 
        exception to the financial responsibility requirement 
        for offshore oil facilities; and discontinues the 
        requirement that financial responsibility providers for 
        offshore facility operators also be guarantors under 
        OPE 90;
          Conforms the manning requirements for Great Lakes 
        towing vessels to the requirements for towing vessels 
        operating in other parts of the country, and allows 
        crewmen to work in both the deck and engine departments 
        of a Great Lakes vessel;
          Exempts any small passenger vessel operating on Lake 
        Texoma, located on the Texas-Oklahoma border, from 
        Federal laws relating to the documentation on 
        inspection of vessels or licensing or documentation of 
        vessel operators;
          Authorizes the Coast Guard: to implement the 
        International Management Code for the Safe Operation of 
        Ships and for Pollution Prevention (ISM Code) adopted 
        in chapter IX of the International Convention for the 
        Safety of Life at Sea (SOLAS); to rely on reports and 
        documents of third parties to carry out its 
        responsibilities and to allow model companies to 
        conduct self-inspections of their vessels; to approve 
        equipment and material for use on U.S. vessels that 
        certain foreign governments, consistent with SOLAS 
        standards, have approved; to issue a certificate of 
        inspection for five (versus two) years' duration, in 
        accordance with international standards; and to allow 
        recognized foreign classification societies to conduct 
        inspections and examinations;
          Allows a vessel to obtain a certificate of 
        documentation with a coastwise endorsement if it is 
        less than 200 gross tons (as measured under the 
        International Tonnage Convention), is eligible for 
        documentation, was built in the United States, and was 
        sold to a foreign individual or placed under a foreign 
        registry;
          Authorizes the Secretary of Transportation to issue a 
        limited authorization to engage in the coastwise trade 
        to the 130-foot Gallant Lady;
          Extends the deadline for the conversion of the vessel 
        M/V Twin Drill until June 30, 1996, and allows the 
        vessel to engage in the coastwise trade;
          Authorizes the Secretary of Transportation to issue 
        certificates of documentation with coastwise 
        endorsements for the vessel Rainbow's End and the 
        vessel Gleam to engage in the coastwise trade;
          Authorizes the Secretary of Transportation to issue 
        certificates of documentation with coastwise 
        endorsements for the vessels Annapolis, Chesapeake, 
        Consort, Curtis Bay, Hampton Roads, Jamestown, and for 
        four additional barges to be used in dredging 
        operations;
          Amends the Inland Navigational Rules, as recommended 
        by the Navigation Safety Advisory Council, to clarify 
        ambiguities in the practical applications of the Rules 
        of the Road on the inland waterways;
          Allows the Secretary of Transportation to establish 
        alternate International Tonnage Convention (ITC) 
        tonnage thresholds under statutes that contain tonnage 
        limitations for application of vessel regulatory 
        requirements;
          Permits U.S.-flag vessels to trade between the United 
        States and Canada with a certificate of documentation 
        with a registry endorsement;
          Allows the Secretary of Transportation to issue a 
        merchant mariner's license, certificate, or document, 
        based on an equivalent International Tonnage Convention 
        tonnage measurement;
          Defines the legal status of the Coast Guard 
        Auxiliary, and designates the Auxiliary as an 
        ``instrumentality of the United States'';
          Provides flexibility for the activities of the 
        Auxiliary as a voluntary support organization of the 
        Coast Guard;
          Clarifies the status of individual members of the 
        Coast Guard Auxiliary, and affords an Auxiliarist, 
        while acting within the scope of official duties, the 
        same degree of protection from legal liability as is 
        provided to Coast Guard personnel;
          Allows the Auxiliary to assist states in non-
        traditional uses of the Auxiliary;
          Clarifies that Auxiliary vessels and planes, while on 
        authorized Coast Guard duty, constitute property of the 
        United States for purposes of resolving claims for 
        damage; and
          Allows the Auxiliary to acquire property through a 
        corporation formed for purposes of acquiring, owning, 
        and disposing of property.

                  Background and Need for Legislation

    The United States Coast Guard, established in 1915 as part 
of the Department of the Treasury, is responsible for 
performing Federal functions that trace their beginnings back 
to the funding of this country. The Coast Guard assumed the 
duties of five previously established agencies; the Lighthouse 
Service, established in 1789; the Revenue Cutter Service, 
established in 1790; the Steamboat Inspection Service, 
established in 1838; the Life-Saving Service, established in 
1848; and the Bureau of Navigation, established in 1884.
    The Coast Guard remained a part of the Department of 
Treasury until 1967, when it was transferred to the newly 
created Department of Transportation.
    Today's Coast Guard has primary responsibility for the 
promotion of safety of life and property at sea; the 
enforcement of all applicable Federal laws on, over, and under 
the high seas and United States waters; the maintenance of aids 
to navigation, the protection of the marine environment; 
icebreaking activities; and the safety and security of vessels, 
ports, waterways, and their related facilities.
    As a military service and a branch of the Armed Forces, the 
Coast Guard also maintains a readiness to operate as a 
specialized service in the Navy upon the declaration of war or 
when the President directs. The Coast Guard has defended our 
Nation in every war since 1790, including the 1990-1991 
conflict in the Persian Gulf.
    The Coast Guard's legal responsibilities have expanded 
enormously over the past 20 years. Many of the laws the Coast 
Guard administers are codified in subtitle II of title 46, 
United States Code. Beyond the broad responsibilities described 
above, the Coast Guard enforces the following laws:
    The Anti-Drug Abuse Acts of 1986 and 1988, which expand the 
Coast Guard's role in waterborne and airborne marine drug 
interdiction.
    The Maritime Drug Law Enforcement Act, which authorizes the 
Coast Guard to search and seize any vessel that is 
manufacturing, distributing, or possessing with the intent to 
manufacturer or distribute, any controlled substance in the 
United States.
    The Deepwater Port Act of 1974, which directs the Coast 
Guard to oversee offshore oil port operation and construction.
    The Port and Waterways Safety Act of 1972, which requires 
the Coast Guard to ensure port and merchant vessel safety.
    The Port and Tanker Safety Act of 1978, which authorizes 
the Coast Guard to inspect foreign tankers, evaluate crew 
standards, and monitor offshore lightering activities in U.S. 
waters.
    The Omnibus Diplomatic Security and Antiterrorism Act of 
1986, which requires the Coast Guard to maintain and improve 
port, harbor, and coastal facilities security.
    The Federal Boating Safety Act of 1971, which authorizes 
the Coast Guard to prescribe standards for the manufacture of 
pleasure boats and associated equipment.
    The Recreational Boating Safety and Facilities Improvement 
Act of 1980, which established the Recreational Boating Safety 
and Facilities Improvement Fund, which the Coast Guard uses to 
promote recreational boating safety and access through a state 
grant program.
    The Federal Water Pollution Control Act of 1972 (popularly 
known as the Clean Water Act), which requires the Coast Guard 
to regulate discharges of oil and sewage from vessels.
    The Oil Pollution Act of 1990 (OPA 90), which expands the 
Coast Guard's authority over oil spills, and establishes a 
comprehensive regime for oil spill compensation, liability, 
response, and research and development.
    The Marine Protection, Research and Sanctuaries Act of 
1972, which gives the Coast Guard enforcement authority over 
ocean dumping and marine sanctuaries.
    The Act to Prevent Pollution from Ships, which requires the 
Coast Guard to administer and enforce international 
environmental pollution agreements through vessel and port 
certification and inspections.
    The Marine Plastic Pollution Research and Control Act of 
1987, which requires the Coast Guard to enforce prohibitions on 
the disposal of plastic materials and other garbage at sea and 
to establish regulations for vessel waste management.
    The Hazardous Materials Transportation Act, which requires 
the Coast Guard to enforce safety standards for the waterborne 
transportation of hazardous materials.
    The Intervention on the High Seas Act, which authorizes the 
Coast Guard to intervene in situations involving pollution 
discharges on the high seas that pose a threat to the United 
States and its territorial waters.
    The Fishery Conservation and Management Act of 1976, which 
assigns joint responsibility to the Coast Guard and the 
National Marine Fisheries Services to enforce U.S. fisheries 
laws within the 200-mile Exclusive Economic Zone of the United 
States.
    The Outer Continental Shelf Lands Act Amendments of 1978, 
which authorizes the Coast Guard to enforce environmental and 
safety regulations governing oil and gas development activities 
on the outer Continental Shelf.

                            Committee Action

    On February 14 and 15, 1995, the Subcommittee held hearings 
on the Clinton Administration's fiscal year 1996 budget request 
for the United States Coast Guard. On February 14, 1995, the 
Subcommittee received testimony from Admiral Robert Kramek, 
Commandant of the U.S. Coast Guard; Eric A. Trent, Master Chief 
Petty Officer, U.S. Coast Guard; and Peter W. Melera, National 
Commodore, U.S. Coast Guard Auxiliary.
    In his testimony, Admiral Kramek explained the importance 
of the Coast Guard's Maritime Safety, Maritime Law Enforcement, 
Marine Environmental Protection, and National Security 
missions. Admiral Kramek also discussed the latest developments 
concerning the Coast Guard's implementation of the Oil 
Pollution Act of 1990 (Public Law 101-380).
    Admiral Kramek's testimony focused on the President's 
fiscal year 1996 budget request for the Coast Guard. The fiscal 
year 1996 budget request represents the second phase in the 
Clinton Administration's multi-year streamlining plan for the 
Coast Guard. The budget request provides for over $100 million 
in recurring savings and also proposes to reduce the Coast 
Guard workforce by nearly 750 people. The Commandant stressed 
the importance of the budget's Acquisition, Construction, and 
Improvements request of $428 million because of the vital need 
to replace older Coast Guard assets with state-of-the-market 
equipment and efficient shore facilities. Finally, Admiral 
Kramek discussed the Coast Guard's plans for continued 
streamlining in later years. These future budget streamlining 
plans may include the combining of two or more of the four 
major Coast Guard training facilities currently in use, and the 
possible transferring of Coast Guard functions from Governors 
Island, New York, to other locations.
    Master Chief Petty Officer Eric Trent, who represents the 
35,000 Coast Guard reserve and active-duty enlisted personnel, 
discussed the increasing difficulty in retaining enlisted 
personnel. He testified that in order to attract and retain the 
brightest people, the Coast Guard needs parity with the 
Department of Defense in compensation and benefits. He 
emphasized the importance of the Coast Guard's streamlining and 
restructuring efforts such as the small boat unit ``releveling 
initiative,'' because some enlisted personnel at these stations 
are working up to 90 hours per week. Finally, he discussed the 
problem that some enlisted personnel are having in securing 
adequate housing in high-cost areas.
    National Commodore Peter Melera testified about vital 
functions performed by the 36,000 volunteers who serve in the 
U.S. Coast Guard Auxiliary. Commodore Melera asked the 
Subcommittee to support legislation to protect the Auxiliary 
and its members in the event of litigation that might arise out 
of the performance of their authorized duties. He testified 
that he believed that potential liability problems have 
resulted in a reduction in the number of Auxiliarists available 
to augment Coast Guard missions.
    On February 15, 1995, testimony was received from Major 
Larry Rhinehart, President, National Association of State 
Boating Law Administrators (NASBLA); Gene Pentimonti, Vice 
President, American President Lines (APL); Darryle M. Waldron, 
Chairman, Association of Petroleum Industry Co-Op Managers 
(APICOM); Arthur J. Volkle, Jr., Associate General Counsel, 
Maritrans Corporation; and Sergeant Major Michael F. Ouellette, 
Director, Legislative Affairs, Noncommissioned Officers 
Association of the United States of America (NCOA).
    Major Larry Rhinehart of NASBLA expressed his 
organization's strong support of the Coast Guard state boating 
safety grant program. He stated that the Boat Safety Account of 
the Wallop-Breaux Trust Fund is funded solely from the fuel tax 
boaters pay on their motorboat gasoline fuel and stressed the 
need for continuity in funding to allow the states to make long 
range plans in their boating safety programs. He further stated 
that H.R. 4477, which passed the House in the 103rd Congress, 
would provide this long range stability.
    Mr. Gene Pentimonti of APL expressed his support for the 
Coast Guard Regulatory Reform Act of 1994, which passed the 
House during the 103rd Congress. He stated that this 
legislation will eliminate costly and unnecessary regulations 
and help lower the cost of U.S.-flag shipping. He also stated 
that regulatory reform will encourage greater reliance on the 
private sector to perform certain Coast Guard responsibilities 
that the private sector is already performing in a competent 
manner.
    Mr. Waldron of APICOM testified that offshore response 
vessels (OSRV's) should not be regulated under the same 
statutes that apply to oil tankers. He testified that OSRV's 
have no relation to oil tank vessels and a much higher safety 
record. As a tank vessel, OSRVs are subject to the particular 
requirements applicable to commercial tank vessels which 
include strict construction, manning, operating, and pollution 
prevention requirements. Mr. Waldron states that subjecting 
OSRV's to these tanker requirements will not contribute to 
safety and only reduce oil spill response capacity.
    Mr. Volkle of Maritrans voiced his concerns about the Coast 
Guard regulation which establishes the construction standards 
to implement the double-hull requirement under the Oil 
Pollution Act of 1990 (OPA 90). These regulations treat double-
hulled vessels operating on the date of enactment of OPA 90 as 
single-hulled vessels. Mr. Volkle testified that this approach 
requires the owners of these vessels to retrofit or replace 
their vessels under the schedule that was designed to phase out 
single-hulled vessels, and penalizes vessel owners who built 
double hulled vessels before they were required by law to do 
so.
    Sergeant Major Michael Ouelette of NCOA discussed military 
pay and compensation, personnel, retiree, medical care, 
survivor benefits and certain Coast Guard Reserve issues. It is 
the position of the NCOA that Coast Guard personnel should have 
pay and benefit parity with the other Department of Defense 
military services.
    On March 16, 1995, the Subcommittee on Coast Guard and 
Maritime Transportation met to mark up a Discussion Draft of 
the Coast Guard Authorization Act for Fiscal Year 1996. Much of 
the Discussion Draft reflects legislative proposals included at 
the request of the Coast Guard and the Administration. Two 
amendments were adopted by the Subcommittee. The first 
amendment was an en bloc amendment offered by Mr. Coble to make 
three technical and conforming changes to the Discussion Draft 
bill. The amendment incorporates a suggestion by the Coast 
Guard to clarify section 215 of the Discussion Draft relating 
to oil spill response vessels, corrects an omission from 
section 402 of the Discussion Draft and allows the Ketchikan 
Indian Corporation to use the property transferred under this 
section as a social service facility as well as a health 
clinic, and strikes redundant language relating to the 
application of section 404 of the Discussion Draft. The Coble 
en bloc amendment was agreed to by voice vote.
    The second amendment was offered by Mr. Oberstar to 
authorize the Secretary of Transportation to issue a 
certificate of documentation with a coastwise endorsement for 
the vessel Rainbow's End. This amendment was agreed to by voice 
vote. Mr. Traficant offered an amendment to prevent the Coast 
Guard from closing any multimission small boat stations in 
fiscal year 1996. After a discussion, the amendment was 
withdrawn. The Discussion Draft bill, as amended, was ordered 
reported to the Full Committee by voice vote in the presence of 
a quorum.
    The Discussion Draft bill, as amended, was introduced as 
H.R. 1361 by Mr. Coble on March 31, 1995, with Mr. Traficant, 
Mr. Shuster, and Mr. Mineta as cosponsors. The bill was 
referred to the Committee on Transportation and Infrastructure.
    On April 5, 1995, the Full Committee met to consider H.R. 
1361. Mr. Coble and Mr. Hayes offered an amendment which 
exempts marinas from the requirement under the Oil Pollution 
Act of 1990 (OPA 90) to obtain $150 million in financial 
responsibility; lowers the financial responsibility requirement 
for offshore oil facilities to the pre-OPA 90 level of $35 
million, with Presidential authority to raise the requirement 
back to $150 million based on a risk assessment; establishes a 
1,000 barrel production exemption to the financial 
responsibility requirement for offshore oil facilities; and 
removes the requirement that providers of financial 
responsibility for offshore facilities be guarantors under OPA 
90. The amendment was agreed to by a voice vote.
    Mr. Traficant offered an amendment to prohibit the 
Secretary of Transportation from closing any Coast Guard 
multimission small boat station in fiscal year 1996. Mr. Coble 
offered a substitute amendment to the amendment offered by Mr. 
Traficant. The substitute amendment prohibits the closure of 
Coast Guard multimission small boat stations unless the 
Secretary of Transportation determines that maritime safety 
will not be diminished by the closures. Mr. Coble's substitute 
amendment was agreed to by a roll call vote of 30 to 23. The 
amendment offered by Mr. Traficant, as amended by the Coble 
substitute amendment, was agreed to by a voice vote.
    Ms. Molinari offered an amendment to conform the manning 
requirements for Great Lakes towing vessels to the requirements 
for towing vessels operating in other parts of the country. The 
amendment also allows crewmen to work in both the deck and 
engine departments of a vessel. By unanimous consent, Ms. 
Molinari offered an amendment to her amendment to limit the 
crewing ``crossover'' provision to vessels operating on the 
Great Lakes. The amendment was agreed to by a roll call vote of 
27 to 25.
    Mr. Brewster offered an en bloc amendment to authorize the 
Secretary of Transportation to issue a coastwise endorsement to 
the vessel Gleam. The amendment also exempts any small 
passenger vessel operating on Lake Texoma, located on the 
Texas-Oklahoma border, from Federal laws relating to the 
documentation or inspection of vessels or licensing or 
documentation of vessel operators. Mr. Brewster's amendment was 
agreed to by a voice vote.
    Mr. Gilchrest offered an amendment to authorize the 
Secretary of Transportation to issue coastwise endorsements for 
ten barges and scows owned by McLean Contracting Company to be 
used for dredging operations. His amendment was agreed to by a 
voice vote.
    H.R. 1361, as amended, was ordered reported to the House of 
Representatives by a voice vote in the presence of a quorum.

                Section-by-Section Analysis of H.R. 1361

                         section 1. short title

    This section states that the Act may be cited as the 
``Coast Guard Authorization Act for Fiscal Year 1996.''

                        Title I--Authorizations

              section 101. authorization of appropriations

    The President's fiscal year 1996 budget request for the 
Coast Guard is approximately $3.8 billion. This represents a 
$105 million increase (approximately 2.8 percent) over 1995 
appropriated levels. This includes approximately $2.6 billion 
for operating expenses, $428 million for acquisition of 
vessels, aircraft, and shore facilities, and $582 million for 
retired pay.
    The budget contains an increase in Coast Guard operating 
expenses over fiscal year 1995 appropriated levels of 
approximately $92 million, primarily for the 1996 military and 
civilian personnel pay raise and related cost of living 
increases. The budget also contains offsetting reductions in 
Coast Guard operating expenses of approximately $82 million, 
including personnel reductions and 23 search and rescue station 
closures.
    In addition to the approximately $10 million increase for 
Coast Guard operating expenses, the budget contains an 
approximate increase over 1995 appropriated levels of $71 
million for acquisition of vessels, aircraft, and shore 
facilities, and an increase of $19 million for retirement 
costs. Increases in various other Coast Guard programs and 
activities, including environmental compliance and research and 
development, are approximately $5 million.
    H.R. 1361 authorizes the portion of the Coast Guard budget 
that requires an annual authorization at the level requested by 
the President, approximately $3.7 billion compared to the 1995 
appropriated level of $3.6 billion. The bill assumes continued 
funding for state boating safety grants, and continued funding 
for the Bridge Administration program in the Coast Guard budget 
at the level requested by the President. Funds are authorized 
as described in the following table:

------------------------------------------------------------------------
                                     Fiscal year 1995   Fiscal year 1996
                                      appropriations     authorization  
------------------------------------------------------------------------
Operations........................     $2,607,500,000     $2,618,316,000
AC&I..............................        357,500,000        428,200,000
RDT&E.............................         20,300,000         22,500,000
Retired Pay.......................        562,600,000         58,022,000
Bridge Alteration.................  .................         16,200,000
Environmental Compliance..........         25,500,000         25,000,000
------------------------------------------------------------------------

    The Committee will begin a program-by-program review of 
Coast Guard programs and activities later this year. This will 
be the first time in nearly 15 years that a comprehensive 
review of Coast Guard roles and missions has been undertaken. 
The Committee will consider the significant growth in Coast 
Guard responsibilities in the last two decades, and whether 
certain Coast Guard functions should be eliminated or performed 
differently. In addition, the Committee will consider whether 
certain functions can be performed more efficiently using 
civilian, rather than military, personnel. The Committee will 
also consider whether changes in the Coast Guard acquisitions 
management process will yield additional efficiencies, and 
whether changes in Coast Guard financial accounting procedures 
are needed to obtain better cost information concerning Coast 
Guard programs and activities. The Committee looks forward to 
reviewing the Coast Guard streamlining studies as part of the 
program-by-program review, and commends the Secretary of 
Transportation and the Commandant of the Coast Guard for 
undertaking the comprehensive review of Coast Guard 
organizational and training systems.

    section 102. authorized levels of military strength and training

    This section authorizes a Coast Guard end-of-year strength 
of 38,400 active duty military personnel for fiscal year 1996.

           section 103. quarterly report on drug interdiction

    Section 103 of this bill requires the Secretary of 
Transportation to submit to the Committee on Transportation and 
Infrastructure in the House of Representatives and Committee on 
Commerce, Science and Transportation in the Senate quarterly 
reports on Coast Guard drug interdiction expenditures. The 
requirement for quarterly reports will allow the Committees to 
closely monitor the expenditures for Coast Guard drug 
interdiction in fiscal year 1996.
    In fiscal year 1989, the Coast Guard devoted nearly 24 
percent of its operating budget to drug interdiction. Since 
fiscal year 1994, Coast Guard drug interdiction funding has 
been reduced by $21 million. Less than 9 percent of the Coast 
Guard's operating funds were devoted to drug interdiction last 
year because substantial Coast Guard resources were diverted to 
respond to the migration crises in Haiti and Cuba.
    The Committee is concerned that the level of funding for 
Coast Guard drug interdiction efforts has fallen to dangerously 
low levels. The President's National Drug Control Strategy 
continues to emphasize ``demand'' reduction activities over 
``supply'' reduction methods, such as drug interdiction and 
other law enforcement efforts. This emphasis, coupled with the 
fiscal year 1994 and 1995 cuts to the Coast Guard drug 
interdiction budget, have reduced funding for this vital 
mission far below the level necessary to protect our borders 
from drug smugglers. The crisis in Haiti last year exacerbated 
the problem because it required the Coast Guard to divert 
substantially all of the Coast Guard resources in the Caribbean 
from drug interdiction to illegal migrant interdiction.
    The Committee strongly supports the proportional funding 
increase for Coast Guard drug interdiction activities 
authorized under H.R. 1361, and will assess the need for 
greater funding increases for this mission in the future.

       section 104. safety determination for small boat closures

    Section 104 prohibits the closure of Coast Guard 
multimission small boat stations unless the Secretary of 
Transportation determines that maritime safety will not be 
diminished by the closures. The Committee believes that the 
requirement for this determination is necessary to ensure that 
the proposed search and rescue station closures are carefully 
considered in light of all information related to maritime 
safety.
               Title II--Personnel Management Amendments

                  section 201. hurricane andrew relief

    This section authorizes Coast Guard military personnel 
assigned to a facility around Homestead Air Force Base, 
Florida, on or before August 24, 1992, to be compensated if 
they are unable to sell their homes due to damage from 
Hurricane Andrew. In August of 1992, there were six Coast Guard 
personnel who would have been eligible to file claims under a 
comparable Department of Defense program. The projected total 
cost for this program is $25,000, which would be funded through 
the Coast Guard's Operating Expense account.

    section 202. exclude certain reserves from end-of-year strength

    This section amends section 712 of title 14, United States 
Code, to eliminate the requirement to include Coast Guard 
Reservists ordered to active duty in the calculation of Coast 
Guard end-of-year personnel strength. This new authority 
parallels the Secretary of Transportation's existing authority 
to exceed annual Coast Guard end-of-year strength ceilings in 
order to respond to national defense emergencies.

          section 203. provision of child development services

    Section 203 of this bill amends section 93 of title 14, 
United States Code, to authorize the Coast Guard to establish a 
program to provide child development services for military 
members and civilian employees. This program will be similar in 
most respects to the existing Department of Defense child care 
development program. The Coast Guard estimates that this 
program will cost approximately $1 million annually.

section 204. access to national driver register information on certain 
                         coast guard personnel

    Subsection (a) of section 204 of this bill amends section 
93 of title 14, United States Code, to authorized the 
Commandant of the Coast Guard to require that Coast Guard 
military personnel request all information contained in the 
National Driver Register (NDR) pertaining to the individual be 
made available to the Commandant. Current law allows employer 
access to the NDR records of an individual who is seeking 
employment or is employed as a driver of a commercial vehicle, 
an individual who has applied for, or has received an airman's 
medical certificate, an individual who is seeking employment or 
is employed as an operator of a locomotive, and a holder of, or 
applicant for, a merchant mariner's license, certificate of 
registry, or merchant mariner's document.
    Subsection (b) of this section amends section 30305 of 
title 49, United States Code, to allow Coast Guard military 
personnel to request the chief licensing official of a State to 
provide information in the National Driver Register about the 
individual to the Commandant of the Coast Guard, and to allow 
the Commandant to receive the information.
    Access to NDR information concerning Coast Guard personnel 
will enhance the safety of Coast Guard operations and 
activities through early detection of potential drug and 
alcohol problems among Coast Guard members engaged in positions 
related to safety.

        section 205. officer retention until retirement eligible

    This section amends section 283(b) of title 14, United 
States Code, to allow Coast Guard officers with at least 18 
years of service, and who have been passed over for promotion 
twice, to continue on active duty until they are eligible for 
retirement after 20 years of service. A similar provision 
applies to members of the Coast Guard Reserve and the other 
branches of the armed forces.
     Title III--Navigation Safety and Waterway Services Management

            section 301. foreign passenger vessel user fees

    This section authorizes the Coast Guard to collect user 
fees for the full cost of inspecting foreign passenger vessels. 
Section 3303(b) of title 46, United States Code, currently 
requires the Secretary of Transportation to collect the same 
fees for the inspection of foreign passenger vessels that a 
foreign country charges U.S. vessels at the ports of that 
country. Because the United States currently has no passenger 
vessels that call at foreign ports, the Coast Guard is 
prohibited from charging foreign passenger vessels fees to 
recover the costs of examining those vessels in U.S. ports.
    Section 301 of this bill strikes subsection (b) of section 
3303, United States Code, to allow the Coast Guard to collect 
user fees for examining foreign passenger vessels.
    The Committee intends that the fee the Coast Guard is 
authorized to collect under this section will be a reasonable 
fixed fee for the examination of foreign passenger vessels. On 
December 18, 1991, the Coast Guard published a Notice of 
Proposed Rulemaking (NPRM) which would have established a fee 
for the control verification examinations of passenger vessels 
subject to the International Convention for the Safety of Life 
at Sea, 1974, as amended (SOLAS). As noted in the proposed 
rule, passenger vessels from foreign countries which are 
parties to SOLAS are inspected to verify that they have 
complied with the laws of the flag state and the control 
imposed by treaty. Over 95 percent of these foreign passenger 
vessel control verification examinations are straight forward, 
are conducted on a regular basis, and are predictable in terms 
of time spent per examination. In the NPRM, the Coast Guard 
proposed a fixed annual fee for the initial, annual, and 
reinspection examinations. The Coast Guard proposed a fee of 
$1,047.00 for Control Verification examinations. Since these 
examinations are conducted quarterly when the vessels are 
operating from U.S. ports, the cost to a vessel owner could be 
as much as $4,188 annually. The Committee understands this 
section will allow the Coast Guard to collect an additional 
$464,000 annually in user fees.
    The Committee expects that the annual fees the Coast Guard 
is authorized to collect under this section will be within the 
limits proposed by the Coast Guard in 1991 and that the total 
impact on the industry will not exceed the Coast Guard's 
estimates.

                   section 302. florida avenue bridge

    This section deems the drainage siphon adjacent to the 
Florida Avenue Bridge in New Orleans, Louisiana, to be an 
appurtenance of the bridge, pursuant to the Truman-Hobbs Act. 
In 1992, the Florida Avenue Bridge was declared to be an 
``unreasonable obstruction to navigation'' under the Truman-
Hobbs Act. Since that time, funds have been appropriated by 
Congress to commence planning and engineering for the 
replacement of the bridge.
    The Coast Guard has determined that the drainage siphon, 
which is connected to the bridge's southern fender, must be 
removed to widen the channel sufficiently and restore the 
necessary navigability for commercial vessels on the Gulf 
Intracoastal Waterway. By declaring the siphon an appurtenance, 
its removal qualifies for funding under the Truman-Hobbs Act.

 section 303. renewal of Houston-Galveston Navigation safety advisory 
   committee and lower mississippi river waterway advisory committee

    This section amends sections 18 and 19 of the Coast Guard 
Authorization Act of 1991 (Public Law 102-241, 105 Stat. 2208-
2235) to extend the termination dates for the Houston-Galveston 
Navigation Safety Advisory Committee and the Lower Mississippi 
River Waterway Advisory Committee until October 1, 2000. These 
organizations provide the Coast Guard expert advise and other 
valuable assistance concerning matters relating to marine 
safety in these specific areas.
     Section 304. Renewal of the Navigation Safety Advisory Council

    This section amends section 5(d) of the Inland Navigational 
Rules of 1980 (33 U.S.C. 2073), to extend the termination date 
for the Navigation Safety Advisory Council until October 1, 
2000.
    The Navigation Safety Advisory Council, formerly the Rules 
of the Road Advisory Council, is a 21-member board whose 
members include representatives of owners and operators of 
vessels, professional mariners, recreational boaters, and the 
recreational boating industry. The Council provides the Coast 
Guard with access to advice from the most respected maritime 
experts in the Nation.
    The Committee encourages the Secretary to consider 
appointing a representative of U.S. passenger vessel owners to 
the National Safety Advisory Council. The U.S. small passenger 
vessel industry is growing in importance, and a representative 
from this group would be in an excellent position to contribute 
to the public discussion on navigation safety.

Section 305. Renewal of the Commercial Fishing Industry Vessel Advisory 
                               Committee

    This section amends section 4508(e)(1) of title 46, United 
States Code, to extend the termination date of the Commercial 
Fishing Industry Vessel Advisory Committee until October 1, 
2000. This 17-member organization was created in 1988 to advise 
the Coast Guard on a wide range of matters relating to fishing 
vessel safety.

           Section 306. Nondisclosure of Port Security Plans

    This section amends section 7 of the Ports and Waterways 
Safety Act, as amended (33 U.S.C. 1226), to exempt information 
regarding passenger vessel or terminal security plans 
established by the Coast Guard from the public disclosure 
requirements of any law. Currently, airline and security plans 
developed by the Federal Aviation Administration are exempt 
from disclosure under the Freedom of Information Act. Section 
306 of this bill extends the same degree of protection to Coast 
Guard security plans for passenger vessels and terminals to 
ensure that safety and security are not compromised at these 
facilities.

  Section 307. Maritime Drug and Alcohol testing program civil penalty

    As part of the Department of Transportation's overall drug 
and alcohol testing program, the Coast Guard has implemented 
regulations to govern chemical testing of marine personnel. 
Presently, the only penalties available to the Coast Guard to 
enforce these regulations are against the master of a vessel or 
the vessel itself. Section 307 of this bill amends chapter 21 
of title 46, United States Code, to provide for a civil penalty 
of not more than $1,000 per day for marine employers who 
violate the Coast Guard's chemical testing regulations.
    This provision will give the Coast Guard the flexibility to 
impose a penalty against a vessel owner, when appropriate, for 
failing to implement a drug testing program or for another 
violation of the Coast Guard drug testing regulations.

Section 308. Withholding vessel clearance for violation of certain acts

    This section authorizes the Secretary of the Treasury, at 
the request of the Secretary of Transportation, to refuse or 
revoke a vessel's clearance, when that vessel is liable, or 
reasonable cause exists to believe that the vessel is liable, 
to the United States Government for certain civil or criminal 
penalties. It is often difficult for the Coast Guard to collect 
penalty assessments against foreign vessels. This is especially 
true when violations are against foreign vessels whose owners 
or operators do not have assets that are readily recoverable in 
the United States. The growing U.S. dependence on foreign 
shipping has increased the need for additional Coast Guard 
authority over foreign-flag vessels to ensure safety and 
protect the marine environment. Under the amendments made by 
this section, the Secretary of the Treasury may grant a 
clearance previously refused or revoked only if the owner of 
the vessel obtains a bond or other surety satisfactory to the 
Secretary of Transportation to cover the amount of the 
potential fine or penalty assessment.
    Subsection (a) of this section amends section 5122 of title 
49, United States Code, to authorize the Secretary of Treasury 
to refuse or revoke a vessel's clearance for violations of 
chapter 51 of title 49, United States Code, formerly the 
Hazardous Materials Transportation Act. Chapter 51 of title 49 
applies to all vessels that transport, ship, maintain, or 
manufacture hazardous materials in waters subject to the 
jurisdiction of the United States.
    Subsection (b) of this section amends section 13(f) of the 
Ports and Waterways Safety Act (33 U.S.C. 1232(f)) to authorize 
the Secretary of the Treasury to refuse or revoke a vessel's 
clearance for violations of that Act. The Ports and Waterways 
Safety Act promotes port and merchant vessel safety through the 
establishment of vessel traffic service systems and the 
requirement to carry certain navigation equipment aboard 
vessels in waters subject to the jurisdiction of the United 
States.
    Subsection (c) of this section amends section 4(d) of the 
Inland Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) to 
authorize the Secretary of the Treasury to refuse or revoke a 
vessel's clearance for violations of that Act. The Inland 
Navigational Rules Act governs the ``rules of the road'' for 
vessel navigation for the various inland, Great Lakes, and 
Western Rivers waters.
    Subsection (d) of this section amends section 3718(e) of 
title 46, United States Code, to authorize the Secretary of 
Treasury to refuse or revoke a vessel's clearance for 
violations of chapter 37 of title 46, United States Code, 
governing the carriage of liquid bulk dangerous cargoes in the 
navigable waters or a port of place subject to the jurisdiction 
of the United States.

                 section 309. increased civil penalties

    On September 22, 1993, the Amtrak Sunset Limited was 
derailed in Mobile, Alabama, when a towing vessel struck a 
railroad bridge, killing 47 people. Following an investigation 
of this tragedy, the Secretary of Transportation directed the 
Coast Guard to implement several changes to Coast Guard 
regulations to prevent an accident of this type from occurring 
again. The administrative changes implemented by the Coast 
Guard included additional vessel navigation equipment 
requirements and increased proficiency requirements for 
licensed personnel.
    To complement the Coast Guard's regulatory changes in this 
area, subsection (a) of this section amends section 6103(a) of 
title 46, United States Code, to increase the civil penalty 
against an owner, charterer, managing operator, agent, master, 
or individual in charge of a vessel for failure to report a 
vessel casualty from $1,000 to not more than $25,000. 
Subsection (b) of this section amends section 8906 of title 46, 
United States Code, to increase the civil penalty against an 
owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel operated in violation of 
chapter 89 of title 46, United States Code, regarding small 
vessel operator licensing requirements, from $1,000 to not more 
than $25,000. These increased penalties will encourage 
compliance with Coast Guard casualty reporting requirements and 
licensing requirements for towing vessels and other vessels.

 section 310. amendment to require emergency position indicating radio 
                  beacons (epirbs) on the great lakes

    The Commercial Fishing Industry Vessel Safety Act of 1988 
(Public Law 100-424) established safety standards for all 
uninspected commercial fishing industry vessels and included a 
requirement for these vessels to carry Emergency Position 
Indicating Radio Beacons (EPIRBs) when operating on the high 
seas. Subsequently section 4102 of title 46, United States 
Code, was amended to require the carriage of EPIRB's on all 
uninspected vessels operating on the high seas or beyond three 
nautical miles from the coastline on the Great Lakes. 
Currently, the only class of vessels not subject to the 
requirement to carry EPIRB's are uninspected commercial fishing 
vessels operating on the Great Lakes. This section amends 
section 7 of section 4502(a) of title 46, United States Code, 
to correct this omission and require uninspected commercial 
fishing vessels operating beyond three nautical miles from the 
coastline of the Great Lakes to carry EPIRB's.
                        Title IV--Miscellaneous

             section 401. transfer of coast guard property

    This section directs the Secretary of Transportation to 
transfer approximately 27.10 acres of excess property located 
in Traverse City, Michigan, from the Coast Guard to the 
Traverse City Area Public School District. This property will 
be used by the School District for athletic fields. Under 
section 401 of this bill, the ownership of this property 
reverts to the United States if the Traverse City Area School 
District ceases to use the property for the statutorily 
authorized purposes.

             section 402. transfer of coast guard property

    Section 402 of this bill transfers approximately 3/4 of an 
acre of excess property in Ketchikan, Alaska, from the Coast 
Guard to the Ketchikan Indian Corporation. The property is 
adjacent to Ketchikan Hospital and will be used by the 
Ketchikan Indian Corporation as the site for a new health or 
social services facility. The ownership of this property 
reverts to the United States if the Ketchikan Indian 
Corporation ceases to use the property as a health or social 
services facility.

        section 403. electronic filing of commercial instruments

    The Coast Guard has recently centralized its vessel 
documentation function in Martinsburg, West Virginia. As a 
convenience to the public, this section amends section 31321(a) 
of title 46, United States Code, to allow the public to file a 
bill of sale, conveyance, mortgage, assignment, or related 
instrument with the Coast Guard electronically. Under the 
amendments made by this section, the original instrument must 
be provided to the Secretary of Transportation within 10 days 
after the electronic transfer.

     section 404. board for correction of military records deadline

    Section 404 of this bill clarifies the application of 
section 212 of the Coast Guard Authorization Act of 1989, 
(Public Law 101-225, 10 U.S.C. 1552 note). Section 212 of the 
Coast Guard Authorization Act of 1989 required the Secretary of 
Transportation to amend the regulations governing the Coast 
Guard's Board for the Correction of Military Records (BCMR) to 
ensure that appeals are processed expeditiously and that final 
decisions are made within 10 months of their receipt by the 
BCMR. Section 212 also required the Secretary to appoint and 
maintain a permanent staff, and a panel of civilian officers or 
employees to serve as members of the board, which are adequate 
to ensure compliance with the 10-month deadline for final 
action on the application. Section 404 of this bill clarifies 
that the 10-month deadline established under section 212 of the 
1989 Coast Guard Authorization Act was intended to be 
mandatory. Section 404 also clarifies that section 212 of the 
1989 Coast Guard Authorization Act was intended to apply to 
applications pending before the BCMR or the Secretary of 
Transportation on June 12, 1990, which was six months after the 
date of enactment of the 1989 Coast Guard Authorization Act.
    Under section 404 of this bill and section 212 of the 1989 
Coast Guard Authorization Act, extensions of time granted to 
applicants by the BCMR do not count toward the 10-month 
deadline. The purpose of section 212 of the 1989 Coast Guard 
Authorization Act was to impose a deadline on the Department of 
Transportation that resulted in timely, meaningful resolution 
of claims for BCMR applicants. Extensions of the 10-month 
deadline requested by applicants themselves are not contrary to 
the purpose of section 212. Also, the Committee does not intend 
that section 404 invalidate prior Departmental actions unless 
the applicant requests that result. Finally, section 404 does 
not prohibit the Secretary from acting in favor of an applicant 
at any time to avoid litigation.
    The Committee is concerned because the Secretary of 
Transportation has failed to meet the 10-month deadline in a 
significant number of cases. One case took over six years to 
decide. The Committee intends that all the requirements of 
section 212 be met, including the requirement to ensure that 
adequate personnel are assigned to the BCMR to ensure that 
applications are processed expeditiously. The Committee also 
intends that the review process within the Department's Office 
of the General Counsel be changed or expedited to accommodate 
the overall 10-month deadline.
   section 405. Judicial sale of certain documented vessels to aliens

    This section amends section 31329 of title 46, United 
States Code, to allow for the sale, by order of a Federal 
District Court, of documented fishing industry and recreational 
vessels to non-U.S. citizens. This would conform the conditions 
for the judicial sale of these vessels to the conditions for 
their private sale under section 9(c) of the Shipping Act of 
1916 (46 App. U.S.C. 808(c)). In the past, the provisions of 
section 31329 of title 46 have unreasonably restricted the 
foreign sales of recreational vessels and the ability of 
subsequent U.S. owners to document the vessels. The Committee 
believes that there is no reason to continue to restrict the 
sales of documented recreational and fishing industry vessels 
to non-U.S. citizens.

      section 406. improved authority to sell recyclable material

    Section 406 of this bill amends section 641(c)(2) of title 
14, United States Code, to exempt sales by the Coast Guard of 
recyclable materials for which the proceeds of sale will not 
exceed $5,000 from current Federal excess property disposal 
requirements for the sale of recyclable materials. This section 
also authorizes the Coast Guard to make these small sales under 
regulations prescribed by the Commandant.

            section 407. recruitment of women and minorities

    This section requires the Coast Guard to submit a report to 
the Committee on Transportation and Infrastructure in the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation in the Senate on efforts to recruit women and 
minorities, and to make recommendations on the need for future 
action in this area.

    section 408. limitation of certain state authority over vessels

    This section resolves a conflict between certain Federal 
and state laws involving authorized gambling aboard U.S.-flag 
cruise vessels. Section 408 amends 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'', to prohibit a state from regulating 
gambling in international waters during the intrastate segment 
of a voyage that begins or ends in the same state or U.S. 
possession and is part of a voyage to another state or country. 
States may still regulate gambling in state waters, on 
``voyages to nowhere,'' and on other state voyages. This 
section does not apply to a voyage within the boundaries of the 
State of Hawaii.

                     section 409. vessel financing

    In 1988, Congress began easing the restrictions on persons 
that can be mortgagees for U.S.-flag vessels by eliminating all 
restrictions on mortgagees for recreational vessels and fishing 
industry vessels. Additionally, the Secretary of Transportation 
was authorized to approve any other person to be a mortgagee 
for vessels with coastwise and registry endorsements.
    Section 409(a) amends section 31322 of title 46, United 
States Code, to eliminate all restrictions on persons that may 
be a mortgagee for a U.S.-flag vessel. This amendment is 
intended to promote vessel financing. U.S. vessel owners should 
be able to obtain the cheapest financing available anywhere in 
the world in the same manner as their foreign competition 
without having to get approval from the Secretary. In the past, 
U.S. operators could obtain this financing by setting up a 
trust in a U.S. bank. These trusts, called ``Westhampton 
Trusts,'' resulted in additional costs to the U.S. vessel 
owners without giving any real protection to the Government to 
control the vessel.
    Section 409(b) repeals section 31328 of title 46, United 
States Code, which provided for the establishment of 
Westhampton Trusts. This section is no longer needed since all 
restrictions on mortgagees have been eliminated.
    Section 409(c) makes conforming changes to section 9(c) of 
the Shipping Act, 1916, (46 App. U.S.C. 808) to eliminate the 
need to obtain permission from the Secretary before using a 
foreign mortgagee.
    Section 409(d) amends section 12106 of title 46, United 
States Code, to promote lease financing for vessels engaged in 
the coastwise trade by eliminating citizenship requirements for 
leasing companies. Lease financing has become a very common way 
to finance capital assets in many industries, including the 
maritime industry. Many vessel operators choose to acquire 
vessels through lease financing instead of traditional mortgage 
financing. Currently, there are no citizenship requirements on 
leasing companies that finance vessels that have Great lakes or 
Registry endorsements. Section 409(d) will also allow these 
companies to finance vessels that have coastwise endorsements.
    Section 409(d) also amends section 12106 of title 46, 
United States Code, to authorize the Secretary to issue 
coastwise endorsements for vessels owned by any leasing company 
that is eligible to own a documented vessel. However, if the 
leasing company is not a U.S. citizen under section 2 of the 
Shipping Act, 1916, the vessel may only be operated in the 
coastwise trade if the vessel is operated under a demise 
charter to a section 2 citizen for a period of at least three 
years. It is expected that most of the charters will be long-
term charters. However, once the initial long-term charter has 
expired, the leasing company may find it necessary to enter 
into short-term charters until another long-term charter is 
obtained. The lease agreement need not remain in effect for the 
full three years if there is a default by the lessee or a 
casualty or other event where the lease might be terminated by 
vessel owner or lessee prior to the expiration of that period.
    The Secretary may also authorize leases for a period 
shorter than three years under appropriate circumstances such 
as when a vessel's remaining useful life would not support a 
lease of three years or to preserve the use or possession of 
the vessel. The section also provides that on termination of a 
demise charter, the coastwise endorsement may be continued for 
a period not to exceed six months on any terms and conditions 
that the Secretary may prescribe. This will allow the leasing 
company to move the vessel, maintain it, have it repaired, or 
layed-up, but does not allow the vessel to be used in the 
coastwise trade since it is not under a charter to a section 2 
citizen.

      section 410. sense of congress; requirement regarding notice

    This section expresses the sense of the Congress that, to 
the greatest extent practicable, all equipment and products 
purchased by the Coast Guard should be American-made.

                 section 411. special selection boards

    This section requires the Secretary of Transportation to 
establish special Coast Guard selection boards similar to those 
required for the Department of Defense under section 628 of 
title 10, United States Code. The purpose of these boards is to 
provide reconsideration for officers who are not considered for 
promotion by reason of error, or considered on an unfair or 
incorrect record. Each year, a small number of Coast Guard 
officers obtain relief from the Board for Correction of 
Military Records (BCMR) following failures of selection for 
promotion. Under present law, they must wait for the next 
annual promotion board to be reconsidered, unlike Department of 
Defense personnel, who may be considered by special selection 
boards held periodically during the year. Also under current 
law, when Coast Guard personnel are reconsidered for promotion 
after their records are corrected by the BCMR, they are judged 
against officers other than those with whom they originally 
competed. The process established under section 411 will ensure 
that officers who are reconsidered for promotion compete 
against officers for the appropriate group.
    The Committee does not intend that the Coast Guard be 
required to hold special selection boards more often than three 
or four times annually, depending upon the number of officers 
waiting reconsideration. Also, the Committee intends that the 
Coast Guard conduct these boards with several officers from 
Coast Guard Headquarters, and not use scarce travel resources 
for this purpose.
  section 412. availability of extrajudicial remedies upon default of 
                  preferred mortgage liens on vessels

    Under current law, marine lenders seeking to foreclose 
loans secured by federally mortgaged vessels must pursue their 
rights in the Federal courts to clearly preserve their right to 
recover a deficiency after the sale of the vessel. Section 412 
of this bill establishes a nonjudicial alternative to this 
procedure for lenders to take possession of a vessel after a 
default.
    Section 31325 of title 46, United States Code, provides for 
the foreclosure of a preferred mortgage on a documented vessel 
by an in rem arrest action against the vessel within the 
district court's admiralty jurisdiction. This remedy 
establishes the priority for the mortgage lien as against any 
maritime lien or land-based lien on the vessel and permits the 
vessel to be sold free and clear of liens.
    Under the Uniform Commercial Code in effect in almost every 
state, a secured creditor may take possession of the collateral 
security for the loan upon a default and sell it in foreclosure 
of the creditor's lien. For many years, lenders holding 
preferred mortgages on documented vessels regularly exercised 
this type of ``self-help'' remedy to sell mortgaged vessels 
upon a loan default. Particularly for smaller loans secured by 
recreational vessels, when the debtor raised no opposition to 
repossession and there was little likelihood of an adverse 
maritime lien claim against the vessel, there was no reason to 
go through the time-consuming, expensive procedures of an 
action in Federal court.
    In 1985, the decision in Bank of America National Trust and 
Savings Association v. Fogle, 637 F.Supp. 305, 1986 AMC 205 
(N.D. Cal. 1985) was rendered. In Fogle, the court held that in 
providing for an in rem admiralty remedy in Federal law, 
Congress must have intended to preclude a ``self-help'' remedy 
under state law. The Fogle decision has forced lenders seeking 
to foreclose defaulted loans secured by documented vessels to 
use a Federal court action, even when no controversy requiring 
judicial action is necessary.
    Subsection (a) of section 412 adds a new paragraph (3) to 
section 31325(b) of title 46, United States Code, to clarify 
that the remedies currently available under section 31325(b) do 
not preclude the exercise of other lawful rights and remedies 
available to mortgagees, including extrajudicial, ``self-help'' 
remedies. New paragraph 31325(b)(3) also supports the 
international recognition of vessel mortgage foreclosures under 
principles of comity and permits a preferred mortgage on a 
U.S.-flag vessel to be foreclosed in a foreign court having 
jurisdiction over the vessel.
    Consistent with existing law, the rights of any maritime 
lien claimant or holder of a preferred mortgage are expressly 
preserved under the amendments made by this section, 
notwithstanding the use of a self-help remedy under state law.
    The amendment will also not affect the remedies available 
under state law to the holder of a security interest which is 
deemed to be a preferred mortgage pursuant to section 31322(d) 
of title 46, United States Code, when the Vessel Identification 
System established under chapter 125 of title 46 is effective.
    Subsection (b) of section 412 of this bill requires the 
person exercising the extrajudicial remedy to give notice of 
the remedy to the Coast Guard, to any other mortgagee whose 
mortgage is recorded, and to any maritime claimant who has 
recorded a notice of a claim of a lien with the Coast Guard.

   section 413. implementation of oil pollution act with respect to 
                             vegetable oil

    In general, this provision requires Federal agencies 
charged with regulation of ``oil'' under Federal laws related 
to water pollution to differentiate between and establish 
separate regulatory classes for animal fats and vegetable oils 
distinct from other oils, including toxic petroleum oil. The 
provision also includes amendments to the Oil Pollution Act of 
1990 (OPA 90) (Public Law 101-380) to ensure regulation of 
animal fats and vegetable oils in a manner consistent with the 
lower risk that spills of these substances pose to the 
environment. Federal agencies charged with regulation of 
``oil'' under Federal laws related to water pollution have 
failed to make common-sense differentiations between and to 
establish separate regulatory categories for animal fats and 
vegetable oils distinct from other oils, including toxic 
petroleum oil. Similarly, agencies have failed to ensure 
regulation of animal fats and vegetable oils in a manner 
consistent with the lower risk that spills of these substances 
pose to the environment.
    The need for legislative change is illustrated by the 
regulations being issued under the provisions of the Oil 
Pollution Act of 1990. OPA 90 was enacted in response to the 
catastrophic Exxon Valdez petroleum oil spill to reduce the 
risk of, improve the response to, and minimize the impact of 
oil spills. However, due to the overly broad definition of 
``oil,'' OPA 90 applies not only to toxic oils such as 
petroleum oil, but also to non-toxic agricultural products such 
as animal fats and vegetable oils. As a result, those non-toxic 
substances, which are used to make foodstuffs and other 
consumer products, are unfortunately being regulated to the 
same degree as petroleum and other toxic oils.
    Subsection (a)(1) requires each agency responsible for 
implementing or enforcing a Federal law relating to water 
pollution to differentiate between and establish separate 
regulatory classes for (1) animal fats and (2) vegetable oils 
distinct from all other oils, including petroleum oils. In the 
course of implementing, enforcing, or issuing any 
interpretation or guidance regarding these laws, the agencies 
are to apply different standards to each category consistent 
with this provision.
    Subsection (a)(2) sets forth certain factors that an agency 
must consider when differentiating between classes, including 
differences in physical, chemical, biological, and other 
properties, and in the environmental effects, of the substances 
in these categories. Separate classes for different types of 
oils and differentiation between those classes are necessary to 
ensure appropriate regulations recognizing the specific 
characteristics of each category. This is particularly needed 
in the area of response requirements.
    Separate response requirements that recognize the different 
characteristics of animal fats and vegetable oils within 
separate classes should be established under this section. 
Although spills of any type of oil may have some similar 
environmental impacts under certain conditions, in many 
significant respects spills of animal fats and vegetable oils 
are very different than those of toxic oils in the way they 
affect the environment. Non-toxic animal fats and vegetable 
oils by their very nature do not have the same overall 
environmental impact as a toxic oil. Consequently, agencies 
should provide flexibility for different response strategies 
for animal fats and vegetable oils recognizing their non-toxic 
and readily biodegradable nature.
    One response strategy appropriate for toxic oils that may 
not be appropriate for animal fats and vegetable oils is 
containment and removal. Amassing non-toxic and readily 
biodegradable animal fats and vegetable oils, through the use 
of type typical contain-and-remove strategy commonly used for 
toxic petroleum oils, may have an unintended detrimental effect 
given the likelihood of oxygen depletion and increased 
possibility of immersion of wildlife in created pools of oil 
resulting from this containment technique. Further, considering 
the non-toxic, biodegradable, and non-persistent properties of 
animal fats and vegetable oils, use of intrusive methodologies 
appropriate for toxic oil spills may actually cause more damage 
to the environment than the spill left undisturbed. Thus, in 
the case of animal fats and vegetable oils, alternative 
approaches such as dispersement, dilution, or agitation, as 
well as no action may be more appropriate and should be 
permissible response techniques. These alternative approaches 
are consistent with the National Contingency Plan and would 
protect the shorelines as well as serve to minimize harm to 
wildlife and the environment.
    Subsection (b) amends the liability and financial 
responsibility provisions of OPA 90 to clarify that the higher 
liability limits and financial responsibility requirements 
applicable to tank vessels carrying toxic oil as cargo, such as 
petroleum oil, do not apply to tank vessels carrying animal 
fats, vegetable oils, or both when those are the only 
substances a vessel is carrying as cargo. This section 
specifies that those vessels carrying animal fats, vegetable 
oils, or both as the only oil cargo are to be treated as 
``other vessels'' under OPA 90 and not included with vessels 
such as petroleum oil tankers.
    This section does not affect product tankers carrying at 
the same time petroleum oil and either animal fats, vegetable 
oils, or both, in bulk; any tank vessel carrying any quantity 
of oil other than animal fats or vegetable oils in bulk would 
be required to meet the more stringent financial responsibility 
requirement. This action simply ensures that vessels carrying 
only animal fats, vegetable oils, or both in bulk as cargo are 
not placed in the same category as vessels carrying toxic oils. 
This section does not affect the methods by which the Coast 
Guard administers the issuance of Certificates of Financial 
Responsibility, but merely ensures that tank vessels not 
carrying any petroleum oil as cargo have the lower liability 
and financial responsibility limits applicable to all other 
vessels.
    The higher liability amounts applicable to tank vessels 
reflect the fact that the risks of pollution related to 
enormous quantities of petroleum oil carried on tankers as 
cargo vastly outweigh the potential harm from other vessels 
whose spills of petroleum oil are limited to bunker fuel or 
lubricating oil used in the propulsion and other mechanical 
systems of the ship. However, considering the animal fat and 
vegetable oil industry's excellent spill prevention record and 
the significantly lower risk of environmental harm posed by a 
spill of these non-toxic, readily biodegradable agricultural 
products, the risk of harm presented by vessels carrying animal 
fats and vegetable oils is similar to that of other non-
petroleum-carrying vessels and the liabilities and financial 
responsibility amounts should be placed at the appropriate 
level.
    Subsection (c) provides for the definitions of ``animal 
fat'' and ``vegetable oil'' as those terms are used in this 
provision. The definitions include but are not limited to the 
types and kinds of animal fats and vegetable oils referred to 
in section 61 of title 13, United States Code. Section 61 gives 
the Department of Commerce authority to collect statistics on 
all types of animal fats and vegetable oils used in commerce. 
The reference to this section ensures that, at a minimum, all 
commercially-used animal fats and vegetable oils are included 
in the definition and, therefore, are covered by this 
provision.

 section 414. certain information from marine casualty investigations 
                      barred in legal proceedings

    Section 414(a) of this bill adds a new section to chapter 
63 of title 46, United States Code, to preclude the use of 
certain portions of formal and informal marine casualty 
investigations in civil judicial, administrative, and state 
criminal proceedings. New section 6308 also clarifies that the 
restriction on the use of the portions of investigations is not 
an admission of liability by the United States or by a person 
referred to in the investigation.
    Although there are certain statutory and discovery 
provisions that presently protect parts of an investigation 
from use in civil and state criminal proceedings, there is no 
statutory prohibition on the use of opinions, recommendations, 
deliberations, and conclusions contained in marine casualty 
investigation reports. Marine casualty investigations are 
intended to expeditiously determine the factors that cause 
accidents, to determine whether there is a need for regulatory 
or statutory changes, to determine whether a material failure 
caused or contributed to the casualty, and whether there is 
evidence that warrants enforcement action. The amendments made 
by this section will ensure that the deliberative process of 
Coast Guard casualty investigations will be unaffected by the 
prospects of future litigation.

              section 415. report on loran-c requirements

    This section requires the Secretary of Transportation, in 
consultation with users of the LORAN-C radionavigation system, 
to submit a report on the future use of and funding for 
operations, maintenance, and upgrades of the LORAN-C 
radionavigation system as satellite based technology becomes 
the sole means of safe and efficient navigation.
    The Coast Guard has considered phasing out the 30-year-old 
LORAN-C system by the year 2000. This land-based system of 
navigation used by all modes of transportation, as well as the 
telecommunications industry, would be replaced by the 
satellite-based Global Positioning System (GPS) controlled by 
the U.S. Department of Defense.
    This section specifically requires the Secretary to address 
several issues in the report. These include determining an 
appropriate timetable for transitioning from ground-based 
radionavigation technology, and the possible need for all 
agencies in the Department of Transportation, as well as other 
government beneficiaries, to share in the Federal government's 
costs related to LORAN-C technology.
    There is concern among LORAN-C users, both in the aviation 
and boating sectors, that the Coast Guard is considering 
phasing out the LORAN system, which it operates, well in 
advance of the date contemplated in the Federal Radionavigation 
Plan and rely solely on satellite systems at the turn of the 
century. While the Committee certainly supports a transition to 
satellite based navigation, a premature phase out could render 
many users' navigation equipment unusable. The Committee 
believes that a Secretarial report that examines user-related 
transition issues is in the best interests of the Coast Guard 
and other agencies that currently rely upon LORAN technology, 
as well as the flying and boating publics.
              section 416. limited double-hull exemptions

    Section 4115(a) of the Oil Pollution Act of 1990 (OPA 90) 
(46 U.S.C. 3703a(a)) requires that all tank vessels constructed 
after the date of enactment of OPA 90 have double-hulls or 
equivalents. The Coast Guard published an Interim Final Rule on 
August 12, 1992, containing construction standards for double-
hulled vessels. These regulations treat double-hulled vessels 
in service on the date of enactment of OPA 90 as single-hulled 
vessels. This would require the owners of these double-hulled 
vessels to retrofit or replace their vessels under the schedule 
contained in section 4115 of OPA 90 that was designed to phase 
out single-hulled vessels.
    Section 416 of this bill amends section 3703a(b) of title 
46, United States Code, to exempt those double-hulled vessels 
delivered before August 12, 1992, from the OPA 90 double hull 
requirements. This approach avoids penalizing vessel owners who 
built double-hulled vessels before they were forced to do so by 
the phase-out requirements under OPA 90.
    Section 416 also amends section 3703a(b) to exempt barges 
of less than 2000 gross tons that are primarily used to carry 
deck cargo and bulk fuel to Alaska Native villages from the OPA 
90 doble-hull requirements. These vessels, which travel on 
protected waterways, are the only links to remote Alaskan 
villages. Due to the deeper draft of double-hulled vessels and 
the shallow waters in these areas, these Alaskan vessels could 
not operate economically and continue to serve these remote 
areas without the exemption.

                section 417. oil spill response vessels

    Section 417(a) of this bill amends section 2101 of title 
46, United States Code, to define an ``oil spill response 
vessel'' (OSRV) as 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. OSRVs 
are a unique type of vessel that often are specially built or 
adapted to engage in spill response operations. Under the 
amendments made by this section, the Coast Guard is required to 
establish a new regulatory system for OSRVs. These vessels are 
not subject to existing requirements applicable to tank vessels 
under any law, including construction, operating, manning, 
pollution prevention, or financial responsibility requirements.
    Section 417(b) adds a new subsection (f) to section 3702 of 
title 46, United States Code, to exempt OSRVs from the tank 
vessel requirements of chapter 37 of title 46, United States 
Code. OSRVs operate in an environment where oil is already all 
around the vessels, and the challenge is to recover it from the 
environment into the vessel. Because OSRV operations are 
entirely different from tank vessel operations, the applicable 
regulatory requirements should also be different. Consequently, 
this section exempts OSRVs from the chapter 37 regulatory 
requirements applicable to tank vessels, including tank vessel 
construction and operating restrictions.
    Section 417(b) divides OSRVs into two distinct categories. 
The first category addresses dedicated response vessels which 
are used only in spill response related activities. These 
vessels are not certified for any other type of service other 
than response. This category includes barges which are not used 
for carriage of oil in bulk as cargo and in some cases will 
never contain oil. There is no tonnage limit in this category. 
The second category recognizes that some vessels are dual-
certified. This category exempts vessels from tank vessel 
requirements only when designated in the certificate for 
inspection as a response vessel and only when actually engaged 
in spill response related activities. This category is limited 
to 500 gross tons.
    Sections 417(c) and 417(d) amend sections 8104 and 8301 of 
title 46, United States Code, to authorize the Secretary of 
Transportation to prescribe watchstanding and licensing 
requirements for OSRVs. A dedicated response vessel is 
currently authorized to divide licensed individuals and crew-
members into at least two watches when the vessel is engaged in 
an operation less than 12 hours in duration or into three watch 
sections for operations more than 12 hours is duration. In 
addition, a dedicated response vessel is required to have two 
licensed mates when engaged in an operation over 12 hours in 
duration and one mate for operations less than 12 hours in 
duration. These requirements do not provide acceptable 
operating flexibility to respond to, and to train for, 
responses to discharges. In addition, the requirements should 
not be limited to dedicated response vessels but should also 
include other vessels while engaged in response related 
operations. This 12 hour benchmark for watchstanding and mate 
requirements unnecessarily and adversely impact vessel 
operations.
    OSRVs are normally on standby either at dockside or at 
mooring buoys offshore, manned and ready to respond to call. 
Most of the operating hours are used to spill response 
training, escorting of tank vessels, and response drills. Under 
present law, OSRVs are not permitted to train or initially 
respond to an actual spill without meeting the two watch 
requirement (except in inland waters) and the three watch 
requirement for operations beyond 12 hours. This requirement 
leaves little time for actual training before the three watch 
requirement is triggered. The Committee intends that the Coast 
Guard establish practical, flexible watchstanding and licensing 
requirements for OSRVs that do not hamper oil spill response 
training and response operations.
    Section 417(e) amends the requirements for Merchant 
Mariner's Documents (MMDs) under section 8701 of title 46, 
United States Code, by providing the Secretary with the 
flexibility to prescribe which, if any, individuals onboard an 
OSRV should be required to hold an MMD. An MMD should only be 
required for individuals who have duties aboard an OSRV which 
require particular experience, training or qualifications to 
perform traditional maritime-related duties aboard a vessel. 
These duties should relate to operation of the vessel, not 
support activities associated with spill response activities. 
During a spill response, many ``temporary'' individuals, 
including equipment operators, regulatory personnel, scientific 
personnel, wildlife rehabilitators, government officials, 
maintenance and other spill response support technical 
personnel, may come aboard the vessel for activities associated 
with a spill response. In addition, numerous prospective 
``temporary'' contractors, fisherman and member company 
personnel are trained on OSRVs to be available for the 
infrequent circumstances for which there services may be needed 
to aid in a spill response. Accordingly, the Secretary should 
not require individuals, other than the navigational crew, to 
have MMDs, without a determination that there is a substantial 
and practical nexus with traditional seaman duties and 
resulting benefits associated with requiring an MMD.
    Section 417(f) amends section 8905 of title 46, United 
States Code, to clarify that a person licensed to operate 
towing vessels should not be required to operate vessels 
engaged in oil spill response or training activities. 
Currently, section 8904 of title 46, United States Code, 
requires that a towing vessel that is at least 26 feet in 
length be operated by a licensed individual. These provisions 
are not intended to apply to vessels towing in an emergency or 
on an intermittent basis during oil spill response or training.
    Section 417(g) amends section 3301 of title 46, United 
States Code, to establish a new vessel inspection category for 
OSRVs. The Committee intends that the Coast Guard establish 
appropriate requirements for OSRV's that address the necessary 
standards applicable to this unique type of vessel, while 
accomplishing the desired goal of facilitating the development 
of resources for the oil spill response industry. In addition, 
the Coast Guard has the flexibility to determine that small 
OSRVs, including small skimming vessels, barges (particularly 
shallow water barges) and dracones up to approximately 100 
gross tons, are ``equipment'', and are not subject to 
examination or inspection.
    The Committee does not intend for the Secretary to use the 
flexibility under this section to regulate OSRVs in the same 
manner as tank vessels. There are fundamental differences 
between OSRVs, as compared to commercial tank vessels carrying 
oil in bulk as cargo for purposes of commercial transportation. 
The Secretary should establish requirements for OSRVs that are 
appropriate and practical for the fledging oil spill response 
industry.

  section 418. offshore facility financial responsibility requirements

    Under the Oil Pollution Act of 1990 (Public Law 101-
380)(OPA 90), all oil tankers and offshore facilities are 
required to maintain evidence of financial responsibility to 
cover potential oil spill liability. Responsible parties for 
offshore facilities are required to maintain $150 million in 
financial responsibility. (Onshore facilities are not required 
to obtain evidence of financial responsibility for oil spills.)
    On August 15, 1993, the Minerals Management Service (MMS) 
of the Department of Interior issued an Advance Notice of 
Proposed Rulemaking concerning financial responsibility 
requirements for offshore facilities under OPA 90. That Advance 
Notice interprets the requirement under OPA 90 for offshore 
facilities to maintain evidence of financial responsibility to 
include tens of thousands of traditional onshore facilities, 
such as refineries, terminals, marinas, and other onshore 
facilities that cross navigable waters. On November 29, 1994, 
the Solicitor of the Department of Interior issued a legal 
opinion that concluded that the Minerals Management Service 
does not have the flexibility under OPA 90 to make a different 
interpretation.
    At the request of the Secretary of Energy, the National 
Petroleum Council, a standing Advisory Committee to the 
Secretary of Energy, issued a report concerning the impacts of 
the Minerals Management Service proposal to implement the 
financial responsibility requirements of OPA 90. That report 
concluded that the Minerals Management approach could have 
serious and substantial impacts on all segments of the oil and 
gas industry and disrupt commerce in many other areas without 
benefiting the environment. The report also concluded that even 
under a narrower interpretation of OPA 90's requirements, 
offshore operators will face significant new cost burdens.
    Under the current interpretation of the Minerals Management 
Service, marinas are considered offshore facilities under OPA 
90, and are required to obtain $150 million in financial 
responsibility. The Committee finds this an unacceptable 
situation, considering that most of the small businesses 
operating marinas in this country would be forced out of 
business because they are unable to afford the coverage, 
estimated to cost $150,000 to $450,000 per year. Section 418(a) 
of this bill amends the definition of responsible party in 
section 1001(32)(c) of OPA 90 (title 33, U.S.C., section 
2701(32)(c)) to exempt marinas from the $150 million 
requirement, consistent with the treatment of other onshore 
facilities under OPA 90.
    Section 418(b) of this bill amends section 1016(c)(1) of 
OPA 90 (title 33, U.S.C., section 2716(c)(1)) to lower the 
requirement for financial responsibility for traditional 
offshore oil facilities to $35 million, with Presidential 
authority to increase the financial responsibility requirement 
to $150 million, based upon an assessment of the risks 
involved. This approach recognizes the low level of risk of oil 
spills 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 
prior to OPA 90. Low pressure reservoirs and the resultant need 
for artificial lift, blowout and spill prevention equipment, 
and automatic shutdown systems, safety training, and drills all 
have contributed to this exemplary record. As an example, these 
measures were effective during Hurricane Andrew, where only 
small spills occurred even after platforms and other facilities 
were evacuated, and in some cases destroyed.
    Because certain offshore facility operations do not 
represent an oil spill risk that is great enough to justify the 
minimum amount of financial responsibility, section 418(b) 
contains a 1,000 barrel production exemption from the OPA 90 
offshore facility financial responsibility requirement. 
Finally, section 418(b) of this bill makes the requirements of 
1016(f) of the Oil Pollution Act of 1990 concerning claims 
against guarantors inapplicable to the financial responsibility 
arrangements for offshore facilities.
    The amendments to OPA 90 made by section 418 of this bill 
are consistent with the lower risk to the environment posed by 
offshore facilities. Following are two charts which illustrate 
this point, reprinted from the Report of the National Petroleum 
Council: The Oil Pollution Act of 1990: Issues and Solutions, 
issued in July of 1994.




 section 419. Manning and watch requirements on towing vessels on the 
                              great lakes

    Section 419 of this bill amends section 8104 of title 46, 
United States Code, to conform the manning requirements for 
Great Lakes towing vessels to the requirements for towing 
vessels operating in other parts of the country. Subsection (a) 
of this section amends section 8104(c) of title 46 to permit 
licensed individuals and seamen abound Great Lakes towing 
vessels to work no more than 15 hours in any 24-hour period, or 
more than 36 hours in any 72-hour period. Section 419 also 
amends section 8104(e) of title 46 to allow crewmen to work in 
both the deck and engine departments of a towing vessel 
operating on the Great Lakes. Finally, section 419 amends 
section 8104(g) of title 46, United States Code, to allow the 
licensed individuals and crewmembers aboard Great Lakes towing 
vessels to be divided in two watches, rather than the current 
three watch requirement.

 section 420. limitation on application of certain laws to lake texoma

    This section exempts the small passenger vessels operating 
on Lake Texoma, located on the boarder of Texas and Oklahoma, 
from Federal laws relating to documentation or inspection of 
vessels or licensing or documentation of vessel operators. The 
States of Texas and Oklahoma are providing adequate operator 
licensing for and inspections of these vessels.
                 TITLE V--COAST GUARD REGULATORY REFORM

                        SECTION 501. SHORT TITLE

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

                     SECTION 502. SAFETY MANAGEMENT

    Section 502 adds a new chapter 32 to title 46, United 
States Code, to authorize the Secretary of Transportation to 
prescribe regulations regarding shipboard and shore-based 
management of vessels and personnel. This authority would 
include conducting examinations and requiring the maintenance 
of records. The purpose of this section is to implement the 
International Safety Management (ISM) Code. This agreement, 
which the United States Government has signed, requires owners 
of vessels engaged in foreign commerce to manage their vessels 
in a safe manner. This initiative recognizes that many of the 
decisions directly affecting the safety and environmental 
conditions on vessels are made on shore. The Secretary 
currently lacks legal authority to require adoption and use of 
the ISM Code by the owners and operators of U.S.-flag vessels. 
Neither the International Convention for the Safety of Life at 
Sea (SOLAS) in general, nor the ISM in particular, derogate any 
of the pollution prevention measures contained in OPA 90. 
SOLAS, including the ISM Code, augment safety and pollution 
prevention measures already enacted in the United States.
    New section 3201 provides definitions for the chapter.
    New section 3020(a) provides for the mandatory application 
of the chapter to the vessels covered by the ISM Code. 
Mandatory application of the chapter will begin on July 1, 
1998, to vessels transporting more than 12 passengers (as the 
term ``passenger'' is defined in section 2101(21)(A) of title 
46, U.S.C.), and to a tanker, bulk freight vessel, or high 
speed freight vessel, each of which over 500 gross tons, as 
measured under chapter 143 of title 46, United States Code. The 
term ``freight vessel'' is already defined in section 2101 of 
title 46. Therefore, a ``bulk freight vessel'' is a freight 
vessel that transports bulk cargo and a ``high speed freight 
vessel'' is a freight vessel that operates at a high speed, as 
defined under the SOLAS.
    New section 3202(b) provides that the chapter may be 
applied to vessels not covered by the ISM Code if the owner, 
charterer, or managing operator of the vessel requests. A 
vessel may not be ``covered'' by the ISM Code in two ways: 
first, the effective dates in the ISM Code for a particular 
type of vessel may not have been reached; or second, it may be 
a vessel, such as a vessel in coastwise trade, to which the ISM 
Code does not apply.
    New section 3202(c) provides that the chapter does not 
apply to a barge, a recreational vessel not engaged in 
commercial service, a fishing vessel, a vessel operating only 
on the Great Lakes or its tributaries and connecting waters, or 
a public vessel (including a public vessel owned by the 
Maritime Administration). Most of these vessel types are 
defined in section 2101 of title 46, United States Code. Each 
of these exceptions is contained in the ISM Code. This chapter 
does not apply to recreational vessels carrying more than 12 
passengers on foreign voyages so long as the vessel is not 
engaged in commercial service and is not otherwise required to 
have a SOLAS Certificate.
    New section 3203(a) requires the Secretary to prescribe 
regulations for a safety management system for vessels to which 
the chapter applies. The system must include, at a minimum, the 
six functional areas covered by the ISM Code. The safety 
management system must include: (1) a safety and environmental 
protection policy; (2) instructions and procedures to ensure 
the safe operation of the vessel 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 
personnel on the vessel; (4) procedures for reporting accidents 
and nonconformities with the safety management system; (5) 
procedures for preparing for and responding to emergency 
situations; and (6) procedures for internal audits and 
management reviews of the system.
    New section 3203(b) requires that all regulations 
prescribed by the Secretary for vessels covered by the 
Convention must be consistent with the Convention. However, the 
Secretary may prescribe different regulations for those vessels 
and owners that apply for application of the chapter on a 
voluntary basis. The Secretary may decide that it is 
appropriate to prescribe different regulations for vessels 
engaged in domestic trade due to the difference in vessel 
operating environments, management structures, span of control, 
and the number of parties involved in the operation of the 
vessel.
    New section 3204 requires each vessel owner, charterer, or 
managing operator to establish and submit to the Secretary, for 
approval, a plan describing how they will implement and comply 
with the safety management system. A vessel that is subject to 
the mandatory coverage of the chapter may not be operated 
without having on board a Safety Management Certificate and a 
copy of the Document of Compliance issued to the responsible 
person.
    New section 3205 requires the Secretary to issue a Safety 
Management Certificate and a Document of Compliance if the 
owner, charterer, or managing operator of a vessel complies 
with the requirements of the chapter and the regulations 
prescribed under the chapter. This section also requires the 
Secretary to periodically verify that the safety management 
system, as approved, is being followed by the vessel owner, 
charterer, or managing operator. If a vessel required to have a 
Safety Management Certificate on board, either by application 
of the chapter or the ISM Code, does not have one on the 
vessel, the Secretary shall withhold the clearance of the 
vessel to leave the United States until the certificate is 
issued, unless the owner files a bond or other surety 
satisfactory to the Secretary. Additional penalties for 
violations of this chapter are provided in section 3318 of 
title 46, United States Code, and include a civil penalty of 
$5,000.
    Section 502(c) requires the Secretary of Transportation to 
submit to Congress a study on the implementation of the ISM 
Code. The marine industry cannot be expected to join in this 
effort without meaningful participation in this development. 
This study must be completed and submitted to Congress not 
later than the earlier of one year after the date of enactment 
of this Act or before the Secretary has prescribed final 
regulations implementing new chapter 32 of title 46, United 
States Code.

 section 503. use of reports, documents, records, and examinations of 
                             other persons

    Section 503 adds a new section 3103 to title 46, United 
States Code. This new section will allow the Secretary to use 
reports, documents, and certificates issued by persons that the 
Secretary decides may be relied on to inspect, examine, or 
survey vessels.
    Under this section, the Secretary may use and rely on 
reports, documents, and certificates issued by international 
classification societies, surveyors, professional engineering 
societies, shipyards, marine chemists, testing laboratories, 
the National Cargo Bureau, the International Cargo Gear Bureau, 
foreign governments, or other persons that the Secretary 
believes may be relied on to professionally inspect or review a 
vessel to ensure compliance with subtitle II of title 46, 
United States Code, which includes vessel inspection and load 
line laws. This authority gives the Secretary the flexibility 
to use alternative means of complying with regulatory 
requirements, including determinations that requirements or 
materials meet Coast Guard approved requirements, without 
reducing marine safety or pollution prevention. This offers the 
possibility of greater efficiencies for shipyards and vessel 
owners making it possible for the Secretary to use governmental 
resources in areas in which greater oversight and enforcement 
are needed. Reliance by the Secretary on the work of these 
various qualified persons reduces the need for the Coast Guard 
to do this work directly and reduces the number of duplicate 
examinations imposed on the marine industry.
    While this provision does not authorize the Secretary to 
delegate any authority to these qualified persons, it does 
allow the Secretary to continue to rely on their work to carry 
out various marine safety, security, and environmental 
protection functions, including approval of equipment and 
material. The Secretary is expected to implement and maintain 
an active oversight program to ensure the continued integrity 
of the Federal government's various mandates in the maritime 
sector, while decreasing the burden on industry.
    Under section 3103, as added, the Secretary can establish a 
``model company'' program in which maritime companies that meet 
the approval of the Secretary may conduct full self-inspection 
programs by a vessel owner that demonstrates, to the 
satisfaction of the Secretary, that the owner's safety 
management system can be relied on to maintain their vessel in 
a safe manner. Self-inspections will be subject to Coast Guard 
audit and oversight. The Secretary also may establish partial 
self-inspection programs for small companies and small vessels 
that may not have the ability to conduct full self-inspections 
as an alternative means of demonstrating compliance with 
regulatory requirements. The section allows the Secretary to 
provide increased oversight of the shore-based management 
system of the vessel owner in return for which certain current 
enforcement practices could be reduced, so long as the overall 
level of safety is maintained. The Secretary may use as the 
basis for this program the ISM Code System established in new 
chapter 32 of title 46, United States Code, a consensus 
standard, a documented recorded of compliance with existing 
regulations, or another standard that is approved by the 
Secretary. The degree to which a domestic company's safety 
management plan and performance assures the Coast Guard of its 
diligence and dedication to safety will ultimately determine 
the degree to which the Secretary will rely on their records or 
certify them for self-inspection.
    Nothing in this section lessens the need for the Secretary 
to continue efforts to eliminate unneeded regulatory 
requirements and to harmonize, to the maximum extent feasible, 
U.S. requirements with those applying to foreign-flag vessels 
operating in our waters.
    Section 503(c) amends section 3308 of title 46, United 
States Code, to clarify that the Secretary, or a person 
delegated by the Secretary, does not have to personally examine 
the vessel. This will allow for the use of reports, other 
records, and for self-inspections by model companies.

                    section 504. equipment approval

    Section 504 amends section 3306 of title 46, United States 
Code, concerning vessel inspection regulations and equipment 
and material approvals. Subsection (b)(1) contains the same 
language as the current section 3306(b), except that the 
language has been broadened to specifically include material 
subject to regulation. This term is added for clarification 
only.
    This section also amends section 3306(b) of the title 46, 
United States Code, by adding a new paragraph (2) that allows 
the Secretary to accept, for use on vessels inspected by the 
Coast Guard, equipment and materials approved by foreign 
governments that use standards and testing procedures that the 
Secretary determines to be consistent with the requirements of 
the SOLAS. Currently foreign manufactured equipment and 
material may be used on U.S.-flag vessels but must first be 
tested and approved by the Coast Guard.
    However, when deciding whether to accept these approvals, 
the Secretary is required to determine that 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.'' This is the same legal standard that the 
Secretary must follow under section 3306(a) when approving 
equipment and materials for these vessels. For lifesaving 
equipment, such as lifeboats and life rafts, the Secretary must 
also determine that the foreign government allows the same type 
of U.S. Coast Guard approved lifesaving equipment to be used on 
vessels documented in that country without having to get 
separate approval of that equipment by the foreign government. 
If the foreign government, either through the approval process 
or other governmental barriers, restricts the use of a piece of 
U.S. Coast Guard approved lifesaving equipment on their 
commercial vessels, then the Secretary may not recognize that 
foreign approval for that piece of equipment in lieu of the 
Coast Guard approval. The Secretary should publish in the 
Federal Register, the standards that will be used to determine 
whether a foreign country has an acceptable approval process.
    When the Secretary accepts equipment and material under 
this authority, the equivalent standards should be acceptable 
for all such equipment and materials manufacturers holding U.S. 
Coast Guard approvals. Equipment and material accepted under 
this subsection may not be used on public vessels.
    Section 504(b) requires the Secretary, in consultation with 
other Federal agencies, to work to eliminate barriers to U.S. 
manufacturers of fire and safety equipment and materials 
imposed by foreign governments, such as failing to certify 
their products, which the Secretary has found safe, for use in 
vessels documented in that country. Additionally, the Secretary 
shall continue to work through the International Maritime 
Organization (IMO) to develop standards that result in mutual 
acceptance of maritime equipment and material.

                  section 505. frequency of inspection

    Section 505 amends section 3307(1) of title 46, United 
States Code, to clarify its purpose and to change the period of 
validity for certificates of inspection from two to five years. 
No practical changes will result with respect to inspections 
and examinations that are the basis for issuing the 
certificates of inspection.
    Small passenger vessels carrying more than 12 passengers 
and engaged on foreign voyages are required to be inspected 
annually (along with passenger vessels and nautical schools 
vessels). Section 3307(2) of title 46 is also amended to 
require all other vessels to be inspected at least once every 
five years instead of either every two or three years as is 
currently the case. The change to section 3307 will, for the 
most part, align the U.S. inspection interval requirements with 
those found in the SOLAS, and the practice of the American 
Bureau of Shipping for their special periodic surveys. As a 
technical conforming amendment, this section also amends 
section 3710(b) of title 46, to change the duration of a valid 
certificate of inspection for tank vessels from 24 months to 
five years.
    The Committee does not envision any decrease in the level 
of safety due to these changes. Vessels on five-year cycles 
will continue to receive annual examinations to ensure they are 
in compliance with their Certificates of Inspection. These 
annual examinations may be scheduled within two months of the 
Certificate of Inspection anniversary date. Nothing in this 
provision affects the requirements applicable to hull, boiler, 
or other interval examinations as these are functions of 
regulations independent of section 3307.

                 section 506. certificate of inspection

    Section 506 eliminates the prohibition of a vessel owner 
from scheduling an inspection for a vessel more than 60 days in 
advance of the inspection. This change will allow shipowners to 
request inspections more than 60 days prior to the expiration 
of the current certificate of inspection. Modern commercial 
practice requires that ship schedules generally be developed 
six months or more in advance. The owners and operators of 
U.S.-flag vessels, in order to adequately compete with their 
foreign counterparts, need to be able to make long-range 
commitments. The current statute restricts their ability to 
request scheduling of required vessel inspections and 
examinations. Further, it restricts the ability of the 
Secretary to make long-range plans for the use of government 
personnel.

  section 507. delegation of authority of secretary to classification 
                               societies

    Section 507 amends section 3316 of title 46, United States 
Code, concerning the use of classification societies to inspect 
vessels. Currently, section 3316 limits delegations to the 
American Bureau of Shipping (ABS) ``or a similar United States 
classification society.'' Since there is no similar U.S. 
classification society, there is, in effect, no delegation 
under this section other than to ABS.
    Classification societies review vessel plans and conduct 
vessel examinations, primarily for insurance purposes. The 
Coast Guard frequently conducts plan reviews and vessel 
inspections that, in many respects, duplicate the work of the 
classification societies. There are over 40 classification 
societies worldwide, each association is affiliated with a 
particular foreign country. The degree of professionalism 
varies among these classification societies. Eleven 
classification societies (including ABS) have joined together 
to form the International Association of Classification 
Societies (IACS). IACS has been granted observer status by the 
IMO. Section 507(a)(4) allows the Secretary to delegate vessel 
inspection and examination and plan review and approval 
authority to classification societies, in addition to the ABS, 
that meet safety and quality standards acceptable to the 
Secretary.
    However, the Secretary may make this delegation only if the 
foreign government provides reciprocity to the ABS to provide 
those services for vessels documented in that country. The 
Secretary may also delegate this authority to the extent that 
the government of the foreign country in which the society is 
headquartered delegates to the ABS authority to provide those 
same services for vessels documented in that country and 
provides access to ABS to provide these services. For example, 
if a foreign government delegates, beginning in 1999, the 
authority to inspect vessels registered in that country that 
are only engaged in their foreign commerce (but not their 
coastwise trade), then the Secretary could only delegate to a 
classification society headquartered in that country the 
authority, beginning in 1999, the authority to inspect U.S.-
flag vessels that are engaged in foreign commerce, but not the 
coastwise trade. The term ``foreign government'' includes any 
government entity that documents vessels under its flag, which, 
in the future, may include the European Union.
    While section 507 allows the Secretary to delegate the 
authority to inspect and provide related services on a 
reciprocal basis to foreign classification societies, the 
Secretary should exercise discretion to determine who should be 
delegated authority and the extent of that delegation. While 
membership in IACS should be a minimum standard, it should not 
be the only standard. A delegation may only be done if it will 
secure the safety of individuals and property on board the 
U.S.-flag vessels to be inspected.

                   Title VI--Documentation of Vessels

         section 601. authority to issue coastwise endorsements

    Waivers to the Jones Act, the Nation's cabotage law, to 
permit privately owned vessels to enter the U.S. domestic 
trades have been routinely considered and granted by 
Congressional action. More than 170 waivers were granted in the 
last several years and many private bills were pending when the 
103rd Congress adjourned. Generally, a waiver is sought because 
the vessel is foreign-built, built domestically and later sold 
foreign, or the present owner is unable to certify that the 
vessel was owned by foreign interests. The cabotage waiver is 
for the most part requested for vessels to be used for non-
cargo related activities, such as fishing and passenger 
charters.
    Section 601 of this bill authorizes the Secretary of 
Transportation to issue certificate of documentation with a 
coastwise endorsement for a vessel that is less than 200 gross 
tons, is eligible for documentation, was built in the United 
States, and was sold foreign or placed in a foreign registry. 
The Committee believes that a simple administrative procedure 
serves the interests of the public in these cases. Currently, a 
vessel built in the United States cannot obtain a coastwise 
endorsement if the vessel is sold to a foreign individual or 
placed under a foreign registry. This section provides an 
exception to this requirement for small vessels under limited 
circumstances. Foreign built vessels must continue to seek 
legislative approval.
    The Committee intends that the 200 gross ton threshold 
under this section is measured under chapter 143 of title 46, 
United States Code, which implements the International Tonnage 
Convention measurement system.

         section 602. vessel documentation for charity cruises

    This section provides a limited authorization for the 
Secretary of Transportation to issue a certificate of 
documentation with a coastwise endorsement for the Gallant Lady 
(Feadship hull number 645, approximately 130 feet in length) 
and for the Gallant Lady (Feadship hull number 651, 
approximately 172 feet in length). The coastwise trade 
authorized under this section is limited to carriage of 
passengers on charitable cruises. This section is conditional 
upon the owner of the Gallant Lady submits to the Secretary a 
letter expressing the intent of the owner to enter into a 
contract before October 1, 1996, for construction in a United 
States shipyard of a passenger vessel that is at least 130 feet 
in length.
 SECTION 603. EXTENSION OF DEADLINE FOR CONVERSION OF VESSEL M/V TWIN 
                                 DRILL

    Section 603 extends the deadline under section 601(d) of 
the Coast Guard Authorization Act of 1993 (Public Law 103-206) 
for the major conversion of the vessel M/V Twin Drill (Panama 
official number 8536-PEXT-2) from June 30, 1995 to June 30, 
1996.

           section 604. documentation of vessel rainbow's end

    Section 604 authorizes the Secretary of Transportation to 
issue a certificate of documentation with appropriate 
endorsements for employment in the coastwise trade, the Great 
Lakes trade, and the fisheries for the vessel Rainbow's End 
(official number 1026899, hull identification number 
MY13708C787).

               section 605. documentation of vessel gleam

    Section 605 authorizes the Secretary of Transportation to 
issue a certificate of documentation with a coastwise 
endorsement for the vessel Gleam (United States official number 
921594).

             section 606. documentation of various vessels

    This section authorizes the Secretary of Transportation to 
issue a certificate of documentation with coastwise 
endorsements to the following vessels: Annapolis (United States 
official number 999008, Chesapeake (United States official 
number 999010), Consort (United States official number 999005, 
Curtis Bay (United States official number 999007), Hampton 
Roads (United States official number 999009), Jamestown (United 
States official number 999006).

                 section 607. Documentation of 4 barges

    This section authorizes the Secretary of Transportation to 
issue certificates of documentation with coastwise endorsements 
to four barges owned by McLean Contracting Company (a 
corporation organized under the laws of Maryland) and numbered 
by that company as Barge 76 (official number 1030612), Barge 77 
(official number 1030613), Barge 78 (official number 1030614), 
and Barge 100 (official number 1030615).

             Title VII. Technical and Conforming Amendments

           SECTION 701. AMENDMENT OF INLAND NAVIGATION RULES

    The Navigation Safety Advisory Council (NAVSAC) reviews the 
Inland Navigational Rules (Inland Rules) (33 U.S.C. 2001-2071) 
for clarity and for conformity with the International 
Regulations for Preventing Collisions at Sea (COLREGS), (33 
U.S.C. 1602). NAVSAC has recommended several changes to the 
Inland Rules to clarify ambiguities in the practical 
application of the Rules, as well as to bring them into closer 
conformity with COLREGS. The Coast Guard agrees with the 
recommendations of NAVSAC and has proposed amendments to Inland 
Rules 9, 15, 23, 24, and 26. These amendments follow.

Inland Rule 9(e)(i)

    Inland Rule 9(e)(i) prescribes procedures for vessels 
overtaking one another in narrow channels. This amendment 
clarifies the meaning of Rule 9(e)(i) regarding the duties of 
the overtaking and overtaken vessel and brings the language in 
closer conformity with the language of COLREGS Rule 9(e)(i).
    Under the current Inland Rule 9(e)(i), the vessel intending 
to overtake sounds the appropriate sound signal, and the 
overtaken vessel, if in agreement, sounds the same signal. The 
overtaking vessel is the give way vessel and must take steps to 
permit safe passing and keep clear of the overtaken vessel 
until finally passed and clear. The overtaken vessel, as the 
stand-on vessel, must maintain course and speed consistent with 
the channel.
    The current rule does not, on its face, permit the vessel 
being overtaken to assist in the passing, by taking action such 
as slackening speed or moving to the edge of the channel. 
However, as a practical safety matter, overtaken vessels often 
maneuver or slacken speed to assist in a safe passage. (For 
example, a smaller vessel being overtaken may slow to reduce 
the amount of time the overtaking vessel will take to pass, to 
allow the overtaking vessel to pass at a slower speed, or to 
allow the passage to take place at a wider portion of a narrow 
channel.) In addition, vessels often reduce speed when 
overtaken, to increase revolutions and maintain steerage way as 
a larger vessel passes.
    The amendment to Inland Rule 9(e)(i) provides that if a 
vessel agrees to be overtaken by whistle signals alone, the 
vessel must maintain course and speed, and may assist in the 
overtaking only if the specific maneuver is agreed to by VHF 
radio or other means. By only allowing maneuvers specifically 
agreed to, this amendment will help prevent unexpected 
maneuvers by the overtaken vessel which could cause an 
accident.
    In addition, this provision resolves an ambiguity between 
Inland Rules 9(e)(i) and 34(c). Specifically, by adding the 
term ``power-driven'' to describe vessels under Inland Rule 
9(e)(i), this amendment clarifies that the maneuvering sound 
signals provided in Inland Rule 34 are for use between power-
driven vessels only, except that any vessel may use the danger 
signal prescribed in Inland Rule 34(d). The current Inland Rule 
9(e)(i) refers to any ``vessel'', implying that all vessels, 
including sailboats and rowboats, must sound maneuvering 
signals. However, because there are no provisions for 
sailboats, rowboats and other non-power driven vessels to sound 
maneuvering signals, except for the danger signal, a power-
driven vessel cannot reach an agreement with those vessels. 
While the requirement for power-driven vessels only to sound 
maneuvering signals may be based on historical use of steam-
powered whistles, most sailing vessels are small recreational 
craft and do not generally use or understand whistle signals 
and would not benefit from application of this provision.
    NAVSAC considered modifying Inland Rule 9(e)(i) to mirror 
the language in COLREGS Rule 9(e)(i) but rejected this for many 
of the same reasons the United States chose not to adopt the 
language of COLREGS Rule 9(e)(i) during the drafting of the 
Inland Navigation Rules Act. Under COLREGS Rule 9(e)(i), sound 
signals are only required if the overtaken vessel must maneuver 
to permit safe passage. The United States felt it was 
advantageous for sound signals (or bridge-to-bridge 
radiotelephone agreement) to be used whenever power-driven 
vessels overtake in a narrow channel, not just in those 
situations where the overtaken vessel must maneuver to permit 
safe passage. Also, the rules in effect in the United States 
prior to the adoption of the Inland Navigation Rules in 1980, 
which required overtaken vessels to maintain course and speed, 
were well known to U.S. mariners and helped to prevent 
unexpected maneuvers by the overtaken vessel.

Inland Rule 15(b)

    Inland Rule 15(b) provides that on the Great Lakes, Western 
Rivers, and waters specified by the Secretary, vessels crossing 
a river must give way to power-driven vessels ascending or 
descending a river. This amendment clarifies that this 
provision applies only to situations where a power-driven 
vessel is crossing and another power-driven vessel is ascending 
or descending a river. Also, it resolves a direct conflict 
between Inland Rule 15(b) and Inland Rule 18(a). Rule 18(a) 
lists general responsibilities between types of vessels and 
provides that, subject to exceptions, a power-driven vessel 
shall give way to vessels not under command, vessels restricted 
in ability to maneuver, fishing vessels, and sailing vessels. 
Generally, a more maneuverable power-driven vessel must give 
way to a less maneuverable craft. Without this amendment, a 
sailing vessel crossing may expect a power-driven vessel 
descending a river to give way based on Rule 18(a), while the 
power-driven vessel would expect the sailing vessel to give way 
under Rule 15(b).
Inland Rule 23(a)

    Inland Rule 23(a) prescribes the lights that must be 
exhibited by a power-driven vessel underway. This proposed 
amendment will make the language of both Inland Rule 23(a) and 
COLREGS Rule 23(a) identical, by removing a technical 
specification for masthead light placement from Inland Rule 
23(a)(i). The United States had proposed to the International 
Maritime Organization (IMO) that the COLREGS Rule 23(a)(i) be 
changed to mirror Inland Rule 23(a)(i), which allows a vessel 
less than 20 meters in length to carry its masthead light as 
far forward as is practicable instead of forward of amidships. 
This reflects the practical difficulty in mounting the masthead 
light forward of amidships on smaller vessel designs, and 
recognizes problems with light backscatter interfering with an 
operator's night vision on smaller vessels. While endorsing the 
substantive change, IMO chose to incorporate this amendment 
into the technical annexes regarding light placement, rather 
than amend COLREGS Rule 23(a)(i) itself. This IMO amendment to 
the COLREGS will become effective on November 5, 1995. To 
provide for parallel language between the two sets of Rules, 
this proposed change to Inland Rule 23(a) removes that portion 
of Inland Rule 23(a)(i) relating to light placement. The Coast 
Guard, through the regulatory process, will incorporate the 
language adopted by IMO into the appropriate technical annex of 
the Inland Navigation Rules.

Inland Rule 24(f)

    Inland Rule 24(f) governs lighting of one or more vessels 
being towed alongside or being pushed in a group. The proposed 
amendment will require a special flashing light to be carried 
on vessels being towed alongside, to alert recreational 
boaters, as well as commercial operators, of the forward edge 
of the tow in the same manner as Inland Rule 24(f)(i) has 
always required such a special flashing light on vessels being 
pushed ahead. This light has proven invaluable, especially on 
the Western Rivers, where towing vessels often push large 
groups of barges ahead, and the lead barge may be hundreds of 
feet ahead of the towing vessel itself.
    NAVSAC carefully considered this issue, and decided that 
the use of such a light would increase navigation safety if 
extended to vessels being towed alongside as well. This 
decision was based on several factors: (a) the increase in 
recreational boating and the problems recreational boaters 
often have in identifying tows at night; (b) towing vessels 
moving large barges may use unconventional towing arrangements, 
such as making up tow barges in a ``V'' with the towing vessel 
in the middle; and (c) where multiple vessels, usually barges, 
are being towed alongside, it is desirable to make explicit 
that sidelights should mark the forward most outboard 
extremities of the tow.
    In configurations where vessels are being pushed ahead, as 
well as being towed alongside (e.g., where a towing vessel may 
be pushing several barges ahead and also has one barge 
alongside ``on the hip''), the vessel or group of vessels is 
required to display the special flashing light and sidelights 
under Inland Rule 24(f)(i), and the vessel alongside must 
exhibit a sternlight under Inland Rule (f)(ii). In this or any 
configuration, only one special flashing light is required. 
However, where vessels are towed alongside on both sides, 
sternlights will be required on both outboard vessels by Inland 
Rule 24(f)(iii).

Inland Rule 34(h)

    Currently, Inland Rule 34(h) provides that vessels may make 
passing arrangements using bridge-to-bridge radiotelephone, in 
lieu of the sound signals prescribed in Inland Rule 34(a)-(c). 
The current Rule reflects both the safety advantage and current 
practice of many mariners.
    As amended, the Rule refers to the use of bridge-to-bridge 
radiotelephone as an example, to allow for use of 
communications means other than just the VHF radio channels 
prescribed by the Vessel Bridge-to-Bridge Radiotelephone Act 
(33 U.S.C. 1201) and implementing regulations. It is important 
to take into account the development of new technology, such as 
satellite communications or cellular phone systems, which may 
be useful for vessel communication. For example, on the Great 
Lakes, where a discrete number of ships regularly operate, 
carriers often communicate by cellular phone. This amendment 
will allow vessels to make valid passing agreements with these 
systems.
    This amendment also clarifies the Rule by replacing the 
word ``meeting'' with the word ``hear-on'', to more correctly 
describe this factual situation in accordance with Inland Rule 
14.
    sections 702-744. establishment of alternate convention tonnage

    Sections 702-744 of this bill authorize the Secretary of 
Transportation to establish alternate International Tonnage 
Convention (ITC) tonnage requirements for the purposes of 
statutes that contain vessel tonnage thresholds. Tonnage 
thresholds in existing statutes are based on the regulatory 
measurement system under chapter 145 of title 46, United States 
code, which allows vessel designers to use tonnage reduction 
techniques to artificially lower the tonnage of a vessel. Since 
the ITC measurement system, implemented under chapter 143 of 
title 46, United States Code, becomes effective for the United 
States on July 18, 1984, statutory tonnage limits have not been 
revised to reflect the higher tonnages that often result when a 
vessel is measured under the ITC system. The availability of 
alternate ITC tonnages established by the Secretary will 
discourage vessel designers and operators from using the 
regulatory measurement system to comply with existing statutory 
and regulatory requirements to maintain their competitive 
viability. Alternate ITC tonnages will give the maritime 
industry the flexibility to build and operate vessels that do 
not employ tonnage reduction techniques, resulting in safer and 
more efficient vessels. Alternate tonnages will also enable 
U.S. vessel designers and operators to be competitive in the 
international market.
    Sections 702 through 744 authorize the Secretary of 
Transportation to establish alternate ITC tonnage thresholds 
for the purposes of each of the statutes amended. Under the 
amendments made by these sections, vessel owners have the 
option to measure their vessels under the new ITC tonnage 
system or the regulatory system. The Committee expects that 
owners of many existing vessels, and virtually all owners of 
vessels constructed in the future, will exercise this option, 
leading ultimately to the demise of the antiquated regulatory 
measurement system. However, the amendments made by sections 
702-744 do not effect the option of an ``existing vessel'' as 
defined in section 14101(2) of title 46, United States Code, to 
retain its regulatory tonnage measurement as provided in 
section 14301(d) of that title.
    Alternate tonnages prescribed by the Secretary under 
sections 702-744 of this bill should be equivalent, to the 
maximum extent possible, to the current statutory tonnage. In 
the interim period before the Secretary prescribes an alternate 
tonnage, the current statutory tonnage will apply to vessels 
measured under either the regulatory tonnage measurement system 
or the ITC tonnage measurement system. Finally, sections 702-
744 authorize the Secretary to establish an alternate 
regulatory tonnage for the purposes of statutes enacted after 
July 18, 1994, that apply the ITC system. Alternate regulatory 
tonnages must be established to allow vessels entitled to use 
the regulatory tonnage measurement system to comply with laws 
enacted after July 18, 1994.

                    section 745. clerical amendment

    This section is a technical amendment to chapter 121 of 
title 46, United States Code.

            section 746. repeal of great lakes endorsements

    The Coast Guard Authorization Act of 1989 (Public Law 101-
225) made technical changes to the Coast Guard vessels 
documentation scheme. These changes reflect the conversion from 
a system of separate and distinct types of documents based on 
the use of the vessel to a system of multiple endorsements for 
a particular trade or use. These changes unintentionally added 
all of the requirements of the U.S. coastwise trade (Jones Act) 
to all vessels operating on the Great Lakes, even those only 
trading between the United States and Canada. This section 
corrects the error and will permit U.S.-flag vessels to trade 
between the United States and Canada with a certificate of 
documentation with a registry endorsement. However, a vessel 
engaged in the coastwise trade or fisheries on the Great Lakes 
must meet all the requirements necessary to obtain coastwise or 
fisheries endorsements.

    section 747. convention tonnage for licenses, certificates, and 
                               documents

    This section amends chapter 75 of title 46, United States 
Code, by adding a new section 7506 to authorize the Secretary 
to evaluate the service of an individual applying for a 
license, certificate of registry, or merchant mariners document 
based on the size of the vessel on which the individual served 
as measured under the International Tonnage Convention (chapter 
143, title 46, United States Code). Eligibility of individuals 
for licenses, certificates of registry, and merchant mariners' 
documents issued by the Secretary is based, in part, on the 
size of the vessel on which the individual has experience.
    Authorizing the Secretary to use International Tonnage 
Convention tonnages to determine eligibility for licenses, 
certificates, and documents will not affect the ability of 
vessel owners or operators to use regulatory tonnage for 
applying manning, inspection, and other marine safety laws and 
regulations.

              Title VIII. Coast Guard Auxiliary Amendments

        section 801. administration of the coast guard auxiliary

    The Coast Guard Auxiliary is a voluntary organization, 
established before World War II, to promote boating safety. 
Today, there are approximately 36,000 Coast Guard Auxiliary 
members.
    Section 801 of this bill amends section 821 of title 14, 
United States Code, to establish an organizational structure 
for the Coast Guard Auxiliary and to designate the Auxiliary as 
an ``instrumentality of the United States.'' The Committee 
believes that the Coast Guard Auxiliary should be considered an 
instrumentality of the United States because the Auxiliary's 
sole function is to support the operations and activities of 
the U.S. Coast Guard. Coast Guard Auxiliary's volunteer their 
time and property, including vessels and aircraft, for use in 
performing Coast Guard missions. As the Coast Guard streamlines 
its operations and develops more efficient ways to perform its 
missions, the Coast Guard Auxiliary will become an even more 
valuable resource to the Coast Guard. The Committee expects 
that the additional protection by Auxiliary ``instrumentality 
status'' will attract more individuals to join this vital 
organization.
    Section 801 of this bill confers instrumentality status on 
the Coast Guard Auxiliary, only with respect to acts or 
omissions committed by Auxiliary members performing a Coast 
Guard function or operation authorized by the Commandant of the 
Coast Guard, under section 822 of title 14, United States Code.
    Instrumentality status will allow the U.S. Government to 
provide legal representation and indemnification for the 
Auxiliary in litigation in which the Auxiliary is a defendant. 
Instrumentality status will also protect Auxiliary assets and 
members from liability in the event of alleged tortious conduct 
committed by members while acting within the scope of their 
official duties. The liability protection provided to the 
Auxiliary under this section is for noncontractual civil tort 
liability.
    Section 801 of this bill also authorizes the national board 
of the Auxiliary, Auxiliary districts, and regions of the 
Auxiliary, to incorporate under state law in accordance with 
policies established by the Commandant. The ability to 
incorporate will allow the Auxiliary's national board to manage 
its finances more effectively and to hold Auxiliary copyrights, 
trademarks, and title to property used by the Auxiliary in 
performing its missions. Regional or district corporations may 
be formed under this section only for the purpose of holding 
property for Auxiliary use. Corporations formed under this 
authority are not considered instrumentalities of the United 
States.

           section 802. purpose of the coast guard auxiliary

    Section 802 provides that the purpose of the Coast Guard 
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. As the 
functions and operations of the Coast Guard expand in future 
years, the Auxiliary will have the flexibility to act in 
support of Coast Guard operations, under the direction of the 
Commandant. Future uses of the Coast Guard Auxiliary may 
include the establishment and support of marine safety and 
security zones; port and harbor patrols; parade and regatta 
patrols; pollution patrols; transportation of Coast Guard 
personnel for mission support; training support; and other 
support missions authorized by the Commandant. The Committee 
does not intend that the Coast Guard Auxiliary become involved 
in law enforcement missions, or in any other mission that is 
appropriately restricted to Coast Guard personnel.

             section 803. members of the auxiliary; status

    Section 803 of this bill clarifies the status of individual 
members of the Coast Guard Auxiliary, and affords an 
Auxiliarist, while acting within the scope of official duties, 
the same degree of protection from legal liability as is 
provided to Coast Guard personnel. Under section 803, Auxiliary 
members are considered Federal employees for limited purposes, 
and are protected under the Federal Tort Claims Act (28 U.S.C. 
2671 et seq.) from the claims of a third party who is allegedly 
harmed by the Auxiliary member while the member is acting 
within the scope of official duties.
           section 804. assignment and performance of duties

    This section deletes the antiquated term ``specific 
duties'', from sections 830, 831, and 832 of title 14, United 
States Code.

section 805. cooperation with other agencies, states, territories, and 
                         political subdivisions

    The section allows the Commandant to prescribe conditions 
under which the Coast Guard Auxiliary may assist the states, 
when requested by proper state authorities. Assistance provided 
under this section may include supporting and augmenting state 
safety and security patrols for boat parades, regattas, and 
other special waterborne events.

                section 806. vessel deemed public vessel

    Section 806 of this bill clarifies that an Auxiliary 
vessel, while assigned to authorized Coast Guard duty, is 
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 title 14, United States Code, and other applicable 
provisions of law, for purposes of resolving third-party claims 
for damage.

              section 807. aircraft deemed public aircraft

    This section clarifies that an Auxiliary aircraft, while 
assigned to do authorized Coast Guard duty, is deemed to be a 
Coast Guard aircraft, a public vessel of the United States, and 
a vessel of the Coast Guard for purposes of resolving third-
party claims for damage. This section also deems Auxiliary 
pilots to be Coast Guard pilots while assigned to Coast Guard 
duty.

               section 808. disposal of certain material

    Section 808 allows the Auxiliary to acquire directly 
obsolete or other material that is not needed by the Coast 
Guard, in those states where unincorporated associations may do 
so, or indirectly, through a corporation formed for purposes of 
acquiring, owning, and disposing of property.

            committee oversight findings and recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Subcommittee on Coast Guard and Maritime Transportation of 
the Committee on Transportation and Infrastructure held 
hearings on the Coast Guard's fiscal year 1996 budget request 
on February 14 and 15, and the Committee's oversight findings 
and recommendations are reflected in this report.

                     inflationary impact statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 1361 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        cost of the legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 1361. However, clause 7(d) provides that this requirement 
does not apply when the Committee has included in its report a 
timely submitted cost estimate of the bill prepared by the 
Director of the Congressional Budget Office under section 403 
of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
1361 does not contain any new budget authority or new credit 
authority. It does contain minor new direct spending provisions 
and sections that increase revenues. These provisions are 
expected to have negligible impacts on the Federal budget.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight of the subject of H.R. 1361.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1361 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 1, 1995.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1361, the Coast 
Guard Authorization Act of 1995. Because the bill could affect 
receipts and direct spending by the Coast Guard, pay-as-you-go 
procedures would apply.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

               Congressional Budget Office Cost Estimate

    1. Bill number: H.R. 1361.
    2. Bill title: The Coast Guard Authorization Act of 1995.
    3. Bill status: As ordered reported by the House Committee 
on Transportation and Infrastructure on April 5, 1995.
    4. Bill purpose: H.R. 1361 would authorize fiscal year 1996 
appropriations of about $3.1 billion to the U.S. Coast Guard 
(USCG) for discretionary programs, including about $2.6 billion 
for operating expenses, $428 million for acquisition and other 
capital projects, $22.5 million for research activities, $16 
million for bridge alterations, and $25 million for 
environmental compliance. Of the amounts authorized, about $61 
million would be derived from the Oil Spill Liability Trust 
Fund (OSLTF). The bill also would authorize the appropriation 
of $582 million in 1996 for retirement benefits.
    In addition, the bill would:
          allow USCG officers who are not promoted to remain on 
        active duty until they retire;
          authorize the agency to charge fees for inspecting 
        foreign passenger vessels;
          make the removal of a drainage siphon adjacent to a 
        bridge in Louisiana eligible for federal funding under 
        the Truman-Hobbs Act;
          increase civil penalties for violations of various 
        laws enforced by the USCG;
          exempt small passenger vessels operating on Lake 
        Texoma from certain laws enforced by the Coast Guard;
          expand the Coast Guard's authority to delegate to 
        nonfederal entities certain agency functions such as 
        inspecting and certifying vessels; and
          mandate various studies and make technical amendments 
        to statutes governing USCG regulatory programs, 
        administrative procedures, and other activities.
    5. Estimated cost to the Federal Government: Assuming 
appropriation of the entire amounts authorized for 
discretionary programs, enactment of H.R. 1361 would increase 
fiscal year 1996 funding by about $127 million over the 1995 
appropriated level. Several provisions of H.R. 1361 also would 
result in small changes to mandatory spending and federal 
revenues. The budgetary effects of the legislation are 
summarized below:

------------------------------------------------------------------------
                      1995     1996     1997     1998     1999     2000 
------------------------------------------------------------------------
                                                                        
 Spending subject                                                       
                                                                        
Spending under                                                          
 current law:                                                           
    Budget                                                              
     authority \1\    2,983       28  .......  .......  .......         
    Estimated                                                           
     outlays......    2,939      807      421      102       29       18
Proposed changes:                                                       
    Authorization                                                       
     level .......  .......    3,082  .......  .......  .......  .......
    Estimated                                                           
     Outlays......  .......    2,157      439      349       90       26
Spending under                                                          
 H.R. 1372:                                                             
    Authorization                                                       
     level \1\....    2,983    3,110  .......  .......  .......  .......
    Estimated                                                           
     outlays......    2,939    2,964      860      451      119       44
                                                                        
Mandatory Spending                                                      
   and Receipts                                                         
                                                                        
Direct spending:                                                        
    Estimated                                                           
     budget                                                             
     authority....  .......    (\2\)    (\2\)    (\2\)    (\2\)    (\2\)
    Estimated                                                           
     outlays......  .......    (\2\)    (\2\)    (\2\)    (\2\)    (\2\)
    Estimated                                                           
     revenues.....  .......    (\2\)    (\2\)    (\2\)    (\2\)   (\2\) 
------------------------------------------------------------------------
\1\ The 1995 spending level is the amount actually appropriated for     
  programs authorized by this bill. For comparison purposes, total 1995 
  funding was reduced by $25 million appropriated for USCG operating    
  expenses from the Aquatic Resources Trust Fund (ARTF). The annual ARTF
  contribution to USCG operations is authorized under existing law      
  through fiscal year 1997 and is not affected by H.R. 1361. The $28    
  million in 1996 is the amount already authorized for appropriations   
  from the OSLTF.                                                       
\2\ Less than $500,000.                                                 

    The coasts of this bill fall within budget functions 300 
and 400.
    The $562.6 million provided in the bill for Coast Guard 
retirement has not been included in the above table because 
such pay is an entitlement under current law, requiring no 
annual authorization of appropriations.
    6. Basis of estimate: For purposes of this estimate, CBO 
assumed that H.R. 1361 will be enacted by October 1, 1995, and 
that the full amounts authorized for USCG programs will be 
appropriated for fiscal year 1996.
    Authorizations of Appropriations.--The additional 
authorizations for 1996 consist of the amounts stated in the 
bill for discretionary accounts, excluding the $28 million to 
be derived from the OSLTF for Coast Guard operations and 
research, because such appropriations are already authorized 
under existing law. Outlays were estimated on the basis of 
historical spending patterns for Coast Guard programs.
    Several provisions would increase the cost of annual USCG 
operations as well as long-term projects such as bridge 
alterations. For example, section 104 of the bill could prevent 
or delay planned consolidations or closures of multimission 
small boat stations, which the agency had estimated would save 
about $6 million in 1996. If such cost-saving measures could 
not be achieved or were delayed, the agency would have to 
absorb the additional expense by cutting other spending from 
operating appropriations.
    Also, section 302, which would deem a drainage siphon on 
the Mississippi River in Louisiana to be a part of the Florida 
Avenue Bridge, could increase the future cost of removing the 
bridge under the Truman-Hobbs Act. Removal of the siphon is 
estimated to cost about $8 million, most of which would be paid 
by the federal government (assuring appropriation of the 
necessary sums).
    Finally, section 404, regarding the activities of the Board 
for Corrections of Military Records, could result in minor 
additional costs by requiring the Coast Guard to reimburse 
eligible applicants for their legal costs.
    Direct Spending.--Several provisions may result in small 
changes in direct spending:
    Section 205 would permit officers with at least 18 years of 
service to remain on active duty until retirement. Under 
current law, officers who fail to be promoted to the rank of 
lieutenant commander after the second try must leave active 
duty. Retention of such officers on active duty for a longer 
period would increase their annual retirement benefits by about 
$20,000 each. Increased direct spending would be about $40,000 
in 1996 and about $120,000 annually beginning in 1997.
    Section 301 would repeal a statutory requirement that USCG 
fees for inspecting foreign passenger vessels be equal to the 
amount imposed on U.S.-flag ships at foreign ports. This would 
enable the agency to recover the full cost of providing this 
service to foreign vessels, resulting in an increase in 
offsetting receipts of about $400,000 annually.
    Section 420 would exempt small passenger vessels operating 
on Lake Texoma from Coast Guard documentation, inspection, and 
other functions for which the agency currently charges fees. 
The resulting decrease in federal offsetting receipts would be 
less than $100,000 over the next five years.
    Section 507 would permit the Coast Guard to delegate to 
foreign classification societies certain agency functions that 
currently may be delegated only to U.S. groups such as the 
American Bureau of Shipping. The expanded authority would 
probably result in a small increase in the Coast Guard's use of 
delegation (because requests from foreign groups are expected 
to be few), with minimal impact on the agency's workload and 
operating budget. A small loss of offsetting receipts would 
also occur because the agency would be inspecting and 
certifying fewer vessels, services for which it currently 
charges user fees. CBO expects that such losses would be less 
than $200,000 annually, probably beginning in fiscal year 1997.
    Revenues.--Section 307 would impose a maximum civil penalty 
of $1,000 for failing to comply with alcohol and dangerous drug 
testing requirements. Section 309 would increase to $25,000 the 
current $1,000 maximum civil penalty for both failure to report 
a casualty and operation of an uninspected vessel in violation 
of manning requirements. Total additional revenues would be 
less than $500,000 annually.
    Other provisions of H.R. 1361 are not expected to have any 
significant impact on the federal budget.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. Because several sections of 
this bill would affect receipts and direct spending, pay-as-
you-go procedures would apply. These effects are summarized in 
the following table.

------------------------------------------------------------------------
                                           1995     1996     1997   1998
------------------------------------------------------------------------
Change in outlays......................        0        0        0   0  
Change in receipts.....................        0        0        0   0  
------------------------------------------------------------------------

    8. Estimated cost to State and local governments: None.
    9. Estimate comparison: None.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Deborah Reis and Melissa Sampson.
    12. Estimate approved by: Robert A. Sunshine, for Paul N. 
Van de Water, Assistant Director for Budget Analysis.
                     Full Committee, April 5, 1995

                            roll call votes

    1. Molinari amendment: to conform the manning requirements 
for towing vessels on the Great Lakes to the requirements for 
towing vessels in other parts of the country.
        AYE (27)                      Nay (25)
Shuster                             Blute
Bachus                              Borski
Baker                               Brewster
Barcia                              Brown
Bateman                             Clement
Coble                               Clinger
Cramer                              Clyburn
Deal                                Costello
Ehlers                              Danner
Emerson                             DeFazio
Fowler                              Duncan
Franks                              Filner
Gilchrest                           Hayes
Horn                                Johnson
Hutchinson                          Laughlin
Kelly                               Menendez
Kim                                 Nadler
Latham                              Parker
LaTourette                          Quinn
Lipinski                            Rahall
Mica                                Tate
Mineta                              Traficant
Molinari                            Wise
Oberstar                            Young
Poshard                             Zeliff
Wamp
Weller

    2. Coble substitute for Traficant Amendment: allows the 
closure of Coast Guard search and rescue stations if the 
Secretary of Transportation determines that maritime safety 
will not be diminished.
        AYE (30)                      NAY (23)
Shuster                             Bachus
Baker                               Barcia
Bateman                             Blute
Brewster                            Brown
Clinger                             Clement
Coble                               Clyburn
Cramer                              Costello
Deal                                Danner
Duncan                              DeFazio
Ehlers                              Filner
Emerson                             Hayes
Ewing                               Johnson
Fowler                              LaTurette
Franks                              Laughlin
Gilchrest                           Lipinski
Horn                                Menendez
Hutchinson                          Mineta
Kelly                               Nadler
Kim                                 Oberstar
Latham                              Poshard
Martini                             Rahall
Mica                                Traficant
Molinari                            Wise
Quinn
Seastrand
Tate
Wamp
Weller
Young
Zeliff

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                      TITLE 14, UNITED STATES CODE

                      PART I--REGULAR COAST GUARD

          * * * * * * *

                    CHAPTER 5--FUNCTIONS AND POWERS

          * * * * * * *

Sec. 93. Commandant; general powers

  For the purpose of executing the duties and functions of the 
Coast Guard the Commandant may:
          (a) * * *
          * * * * * * *
          (t) notwithstanding any other law, enter into 
        cooperative agreements with States, local governments, 
        non-governmental organizations, and individuals, to 
        accept and utilize voluntary services for the 
        maintenance and improvement of natural and historic 
        resources on, or to benefit natural and historic 
        research on, Coast Guard facilities, subject to the 
        requirement that--
                  (1) the cooperative agreements shall each 
                provide for the parties to contribute funds or 
                services on a matching basis to defray the 
                costs of such programs, projects, and 
                activities under the agreement; and
                  (2) a person providing voluntary services 
                under this subsection shall not be considered a 
                Federal employee except for purposes of chapter 
                81 of title 5, United States Code, with respect 
                to compensation for work-related injuries, and 
                chapter 171 of title 28, United States Code, 
                with respect to tort claims; [and]
          (u) enter into cooperative agreements with other 
        Government agencies and the National Academy of 
        Sciences[.];
          (v) make child development services available to 
        members of the armed forces and Federal civilian 
        employees under terms and conditions comparable to 
        those under the Military Child Care Act of 1989 (10 
        U.S.C. 113 note); and
          (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.
          * * * * * * *

               CHAPTER 7--COOPERATION WITH OTHER AGENCIES
Sec.
[141.  General.]
141.  Cooperation with other agencies, States, territories, and 
          political subdivisions.
          * * * * * * *
[Sec. 141. General]
Sec. 141. Cooperation with other agencies, States, territories, and 
                    political subdivisions
  (a) The Coast Guard may, when so requested by proper 
authority, utilize its personnel and facilities (including 
members of the Auxiliary and facilities governed under chapter 
23) to assist any Federal agency, State, Territory, possession, 
or political subdivision thereof, or the District of Columbia, 
to perform any activity for which such personnel and facilities 
are especially qualified. The Commandant may prescribe 
conditions, including reimbursement, under which personnel and 
facilities may be provided under this subsection.
          * * * * * * *
                         CHAPTER 11--PERSONNEL

          * * * * * * *

         D. Discharges; Retirements; Revocation of Commissions

          * * * * * * *

Sec. 283. Regular lieutenants; separation for failure of selection for 
                    promotion; continuation

  (a) * * *
  (b)(1) When the needs of the service require, the Secretary 
may direct a selection board, which has been convened under 
section 251 of this title, to recommend for continuation on 
active duty for terms of not less than two nor more than four 
years a designated number of officers of the grade of 
lieutenant who would otherwise be discharged or retired under 
this section. When so directed, the board shall recommend for 
continuation on active duty those officers under consideration 
who are, in the opinion of the board, best qualified for 
continuation. Each officer so recommended may, with the 
approval of the Secretary, and notwithstanding subsection (a), 
be continued on active duty for the term recommended. [Upon the 
completion of such a term he shall, unless selected for further 
continuation, be honorably discharged with severance pay 
computed under section 286 of this title, or, if eligible for 
retirement under any law, be retired.]
  (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 in 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.
          * * * * * * *

                       CHAPTER 17--ADMINISTRATION

          * * * * * * *

Sec. 641. Disposal of certain material

  (a) The Commandant subject to applicable regulations under 
the Federal Property and Administrative Services Act of 1949 
(40 U.S.C. 471 et seq.) may dispose of, with or without charge, 
to the Coast Guard Auxiliary, including any incorporated unit 
thereof, to the sea-scout service of the Boy Scouts of America, 
[to any incorporated unit of the Coast Guard Auxiliary,] and to 
any public body or private organization not organized for 
profit having an interest therein for historical or other 
special reasons, such obsolete or other material as may not be 
needed for the Coast Guard.
  (c)(1) * * *
  (2) Recyclable materials shall be sold in accordance with 
section 203 of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 484), 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.
          * * * * * * *

               PART II--COAST GUARD RESERVE AND AUXILIARY

                    CHAPTER 21--COAST GUARD RESERVE
                              SUBCHAPTER A

                                 General

Sec.
701.  Organization.
     * * * * * * *
                              SUBCHAPTER B

                         Commissioned Officers
720.  Definitions.
     * * * * * * *
747.  Special selection boards.
     * * * * * * *
Sec. 712. Active duty for emergency augmentation of regular forces

  (a) * * *
          * * * * * * *
  (d) Reserve members ordered to active duty under this section 
shall not be counted in computing authorized strength of 
members on active duty or members in grade under this title or 
under any other law.
          * * * * * * *

                              SUBCHAPTER B

                         Commissioned Officers

          * * * * * * *
Sec. 747. Special selection boards

  (a) The Secretary shall provide for special selection boards 
to consider the case of any officer who is eligible for 
promotion who--
          (1) was not considered for selection for promotion by 
        a selection board because of administrative error; or
          (2) was considered for selection for promotion by a 
        selection board but not selected because--
                  (A) the action of the board that considered 
                the officer was contrary to law or involved a 
                material error of fact or material 
                administrative error; or
                  (B) the board that considered the officer did 
                not have before it for its consideration 
                material information.
  (b) Not later than 6 months after the date of the enactment 
of the Coast Guard Authorization Act For Fiscal Year 1996, the 
Secretary shall issue regulations to implement this section. 
The regulations shall conform, as appropriate, to the 
regulations and procedures issued by the Secretary of Defense 
for special selection boards under section 628 of title 10, 
United States Code.
          * * * * * * *

                   CHAPTER 23--COAST GUARD AUXILIARY
Sec.
[821.  Administration.
[822.  Purpose.
[823.  Eligibility, enrollments.]
821.  Administration of the Coast Guard Auxiliary.
822.  Purpose of the Coast Guard Auxiliary.
823.  Eligibility, enrollments, and status.
     * * * * * * *
[Sec. 821. Administration

  [The Coast Guard Auxiliary established on February 19, 1941, 
is a nonmilitary organization administered by the Commandant 
under the direction of the Secretary.

[Sec. 822. Purpose

  [The purpose of the Auxiliary is to assist the Coast Guard:
          [(a) to promote safety and to effect rescues on and 
        over the high seas and on navigable waters;
          [(b) to promote efficiency in the operation of 
        motorboats and yachts;
          [(c) to foster a wider knowledge of, and better 
        compliance with, the laws, rules, and regulations 
        governing the operation of motorboats and yachts; and
          [(d) to facilitate other operations of the Coast 
        Guard.]
Sec. 821. Administration of the Coast Guard Auxiliary

  (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 (to be known as the 
``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--
          (1) chapter 26 of title 28 (popularly known as the 
        Federal Tort Claims Act;
          (2) section 2733 of title 10 (popularly known as the 
        Military Claims Act);
          (3) the Act of March 3, 1925 (46 App. U.S.C. 781-790; 
        popularly known as the Public Vessels Act);
          (4) the Act of March 9, 1920 (46 App. U.S.C. 741-752; 
        popularly known as the Suits in Admiralty Act;
          (5) the Act of June 19, 1948 (46 App. U.S.C. 740; 
        popularly known as the Admiralty Extension Act); and
          (6) other matters related to noncontractual civil 
        liability.
  (c) The national board of the Auxiliary, and any Auxiliary 
district or region, may form a corporation under State law in 
accordance with policies established by the Commandant.
Sec. 822. Purpose of the Coast Guard Auxiliary

  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.
Sec. 823. Eligibility, enrollments, and status

  (a) The Auxiliary shall be composed of citizens of the United 
States and its territories and possessions, who are owners, 
sole or part, of motorboats, yachts, aircraft, or radio 
stations or who by reason of their special training or 
experience are deemed by the Commandant to be qualified for 
duty in the Auxiliary, and who may be enrolled therein pursuant 
to applicable regulations.
  (b) A member of the Coast Guard Auxiliary is not a Federal 
employee except for the following purposes:
          (1) Chapter 26 of title 28 (popularly known as the 
        Federal Tort Claims Act).
          (2) Section 2733 of title 10 (popularly known as the 
        Military Claims Act).
          (3) The Act of March 3, 1925 (46 App. U.S.C. 781-790; 
        popularly known as the Public Vessel Act).
          (4) The Act of March 9, 1920 (46 App. U.S.C. 741-752; 
        popularly known as the Suits in Admiralty Act).
          (5) The Act of June 19, 1948 (46 App. U.S.C. 740; 
        popularly known as the Admiralty Extension Act).
          (6) Other matters related to noncontractual civil 
        liability.
          (7) Compensation for work injuries under chapter 81 
        of title 5.
          (8) The resolution of claims relating to damage to or 
        loss of personal property of the member incident to 
        service under section 3721 of title 31 (popularly known 
        as the Military Personnel and Civilian Employees' 
        Claims Act of 1964).
  (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.
          * * * * * * *

[Sec. 827. Vessel deemed public vessel

  [Any motorboat or yacht, while assigned to authorized Coast 
Guard duty shall be deemed to be a public vessel of the United 
States, and within the meaning of section 646 of this title 
shall be deemed to be a vessel of the Coast Guard.
[Sec. 828. Aircraft deemed public aircraft

  [Any aircraft, while assigned to authorized Coast Guard duty 
shall be deemed to be a vessel of the Coast Guard within the 
meaning of section 646 of this title.]
Sec. 827. Vessel deemed public vessel

  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. 828. Aircraft deemed public aircraft

  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. 830. Availability of appropriations

  (a) Appropriations of the Coast Guard shall be available for 
the payment of actual necessary traveling expense and 
subsistence, or commutation of ration allowance in lieu of 
subsistence, of members of the Auxiliary assigned to authorized 
[specific] duties and for actual necessary expenses of 
operation of any motorboat, yacht, aircraft, or radio station 
when assigned to Coast Guard duty, but shall not be available 
for the payment of compensation for personal services, incident 
to such operation, other than to personnel of the Coast Guard 
or the Reserve. The term ``actual necessary expenses of 
operation,'' as used in this section, shall include payment for 
fuel, oil, power, water, supplies, provisions, replacement or 
repair of equipment, repair of any damaged motorboat, yacht, 
aircraft, or radio station and for the constructive or actual 
loss of any motorboat, yacht, aircraft, or radio station where 
it is determined, under applicable regulations, that 
responsibility for the loss or damage necessitating such 
replacement or repair of equipment, or for the damage or loss, 
constructive or actual, of such motorboat, yacht, aircraft, or 
radio station rests with the Coast Guard.
          * * * * * * *

Sec. 831. Assignment and performance of duties

  No member of the Auxiliary, solely by reason of such 
membership, shall be vested with, or exercise, any right, 
privilege, power, or duty vested in or imposed upon the 
personnel of the Coast Guard or the Reserve, except that any 
such member may, under applicable regulations, be assigned 
[specific] duties, which, after appropriate training and 
examination, he has been found competent to perform, to 
effectuate the purposes of the Auxiliary. No member of the 
Auxiliary shall be placed in charge of a motorboat, yacht, 
aircraft, or radio station assigned to Coast Guard duty unless 
he has been specifically designated by authority of the 
Commandant to perform such duty. Members of the Auxiliary, when 
assigned to [specific] duties as herein authorized shall, 
unless otherwise limited by the Commandant, be vested with the 
same power and authority, in the execution of such duties, as 
members of the regular Coast Guard assigned to similar duty. 
When any member of the Auxiliary is assigned to such duty he 
may, pursuant to regulations issued by the Secretary, be paid 
actual necessary traveling expenses, including a per diem 
allowance in conformity with standardized Government travel 
regulations in lieu of subsistence, while traveling and while 
on duty away from his home. No per diem shall be paid for any 
period during which quarters and subsistence in kind are 
furnished by the Government, and no per diem shall be paid for 
any period while such member is performing duty on a vessel.

Sec. 832. Injury or death in line of duty

  When any member of the Auxiliary is physically injured or 
dies as a result of physical injury incurred while performing 
any [specific] duty to which he has been assigned by competent 
Coast Guard authority, such member or his beneficiary shall be 
entitled to the same benefits provided for temporary members of 
the Reserve who suffer physical injury or death resulting from 
physical injury incurred incident to service. Members of the 
Auxiliary who incur physical injury or contract sickness or 
disease while performing any [specific] duty to which they have 
been assigned by competent Coast Guard authority shall be 
entitled to the same hospital treatment afforded members of the 
Coast Guard. The performance of a [specific] duty as the term 
is used in this section includes time engaged in traveling back 
and forth between the place of assigned duty and the permanent 
residence of a member of the Auxiliary.
          * * * * * * *
                              ----------                              

                      TITLE 49, UNITED STATES CODE

          * * * * * * *

             SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

          * * * * * * *

            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL

          * * * * * * *

Sec. 5122. Enforcement

  (a) * * *
          * * * * * * *
  (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 App. U.S.C. 
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.
          * * * * * * *

             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

          * * * * * * *

                            PART A--GENERAL

          * * * * * * *

                 CHAPTER 303--NATIONAL DRIVER REGISTER

          * * * * * * *

Sec. 30305. Access to Register information

  (a) * * *
  (b) Requests To Obtain Information.--(1) * * *
          * * * * * * *
  (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.
  [(7)] (8) A request under this subsection shall be made in 
the form and way the Secretary of Transportation prescribes by 
regulation.
          * * * * * * *
                              ----------                              

                 COAST GUARD AUTHORIZATION ACT OF 1991

          * * * * * * *

SEC. 18. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.

  (a) * * *
          * * * * * * *
  (h) The Committee shall terminate on October 1, 2000.
SEC. 19. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.

  (a) * * *
          * * * * * * *
  (g) The Committee shall terminate on October 1, 2000.
          * * * * * * *
                              ----------                              

                 INLAND NAVIGATIONAL RULES ACT OF 1980

          * * * * * * *
  Sec. 2. Inland Navigational Rules:
          * * * * * * *

                   PART B--STEERING AND SAILING RULES

      Subpart I--Conduct of Vessels in Any Condition of Visibility

          * * * * * * *

                                 rule 9

                            Narrow Channels

  (a) * * *
          * * * * * * *
  (e)[(i) In a narrow channel or fairway when overtaking, the 
vessel intending to overtake shall indicate her intention by 
sounding the appropriate signal prescribed in Rule 34(c) and 
take steps to permit safe passing. The overtaken vessel, if in 
agreement, shall sound the same signal. If in doubt she shall 
sound the danger signal prescribed in Rule 34(d).] (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).
          * * * * * * *

         Subpart II--Conduct of Vessels in Sight of One Another

          * * * * * * *

                                rule 15

                           Crossing Situation

  (a) When two power-driven vessels are crossing so as to 
involve risk of collision, the vessel which has the other on 
her starboard side shall keep out of the way and shall, if the 
circumstances of the case admit, avoid crossing ahead of the 
other vessel.
  (b) Notwithstanding paragrapah (a), on the Great Lakes, 
Western Rivers, or water specified by the Secretary, a power-
driven vessel crossing a river shall keep out of the way of a 
power-driven vessel ascending or descending the river.
          * * * * * * *

                       PART C--LIGHTS AND SHAPES

          * * * * * * *

                                rule 23

                     Power-Driven Vessels Underway

  (a) A power-driven vessel underway shall exhibit:
          (i) a masthead light forward; [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;]
          * * * * * * *

                                rule 24

                           Towing and Pushing

  (a) * * *
          * * * * * * *
  [(f) Provided that any number of vessels being towed 
alongside or pushed in a group shall be lighted as one vessel:
          [(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; and
          [(ii) a vessel being towed alongside shall exhibit a 
        sternlight and at the forward end sidelights.]
  (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.
          * * * * * * *

                                rule 26

                            Fishing Vessels

  (a) A vessel engaged in fishing, whether underway or at 
anchor, shall exhibit only the lights and shapes prescribed in 
this Rule.
  (b) A vessel when engaged in trawling, by which is meant the 
dragging through the water of a dredge net or other apparatus 
used as a fishing appliance, shall exhibit:
          (i) two all-round lights in a vertical line, the 
        upper being green and the lower white, or a shape 
        consisting of two cones with their apexes together in a 
        vertical line one above the other; [a vessel of less 
        than 20 meters in length may instead of this shape 
        exhibit a basket;]
          * * * * * * *
  (c) A vessel engaged in fishing, other than trawling, shall 
exhibit:
          (i) two all-round lights in a vertical line, the 
        upper being red and the lower white, or a shape 
        consisting of two cones with apexes together in a 
        vertical line one above the other; [a vessel of less 
        than 20 meters in length may instead of this shape 
        exhibit a basket;]
          * * * * * * *
  [(d) A vessel engaged in fishing in close proximity to other 
vessels engaged in fishing may exhibit the additional signals 
described in Annex II to these Rules.]
  (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.
          * * * * * * *

                    PART D--SOUND AND LIGHT SIGNALS

          * * * * * * *

                                rule 34

                    Maneuvering and Warning Signals

  (a) * * *
          * * * * * * *
  [(h) A vessel that reaches agreement with another vessel in a 
meeting, crossing, or overtaking situation by using the 
radiotelephone as prescribed by the Bridge-to-Bridge 
Radiotelephone Act (85 Stat. 165; 33 U.S.C. 1207), 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.]
  (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. 4. (a) Whoever operates a vessel in violation of this 
Act, or of any regulation issued thereunder, or in violation of 
a certificate of alternative compliance issued under Rule 1 is 
liable to a civil penalty of not more than $5,000 for each 
violation.
          * * * * * * *
  [(d) The Secretary of the Treasury shall withhold or revoke, 
at the request of the Secretary, the clearance, required by 
section 4197 of the Revised Statutes of the United States (46 
U.S.C. 91) of any vessel, the owner or operator of which is 
subject to any of the penalties in this section. Clearance may 
be granted in such cases upon the filing of a bond or other 
surety satisfactory to the Secretary.]
  (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 App. U.S.C. 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.
          * * * * * * *
  Sec. 5. (a) * * *
          * * * * * * *
  (d) Unless extended by subsequent Act of Congress, the 
Council shall terminate on September 30, [1995] 2000.
          * * * * * * *
                              ----------                              

                      TITLE 46, UNITED STATES CODE

          * * * * * * *

                    Subtitle II--Vessels and Seamen

          * * * * * * *
              Part B--Inspection and Regulation of Vessels

     * * * * * * *
Chap.                                                               Sec.
      General.......................................................3101
      Management of vessels.........................................3201
          * * * * * * *

                       Part A--General Provisions

                          CHAPTER 21--GENERAL
Sec.
2101.  General definitions.
     * * * * * * *
2115.  Civil penalty to enforce alcohol and dangerous drug testing.
          * * * * * * *

Sec. 2101. General definitions

  In this subtitle--
          (1) * * *
          * * * * * * *
          (13) ``freight vessel'' means a motor vessel of more 
        than 15 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 that carries freight for hire, except an 
        oceanographic research vessel or an offshore supply 
        vessel.
          (13a) ``Great Lakes barge'' means a non-self-
        propelled vessel of at least 3,500 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 operating on the 
        Great Lakes.
          * * * * * * *
          (19) ``offshore supply vessel'' means a motor vessel 
        of more than 15 gross tons but less than 500 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 that 
        regularly carries goods, supplies, individuals in 
        addition to the crew, or equipment in support of 
        exploration, exploitation, or production of offshore 
        mineral or energy.
          * * * * * * *
          (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.
          [(20a)] (20b) ``overall in length'' means--
                  (A) * * *
          * * * * * * *
          (22) ``passenger vessel'' means a vessel of at least 
        100 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--
                  (A) * * *
          * * * * * * *
          (30) ``sailing school vessel'' means a vessel--
                  (A) that is less than 500 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;
          * * * * * * *
          (32) ``seagoing barge'' means a non-self-propelled 
        vessel of at least 100 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 making voyages beyond the Boundary 
        Line.
          (33) ``seagoing motor vessel'' means a motor vessel 
        of at least 300 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 making voyages beyond the Boundary Line.
          * * * * * * *
          (35) ``small passenger vessel'' means a vessel of 
        less than 100 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--
                  (A) * * *
          * * * * * * *
          (42) ``uninspected passenger vessel'' means an 
        uninspected vessel--
                  (A) of at least 100 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--
                          (i) carrying not more than 12 
                        passengers, including at least one 
                        passenger for hire; or
                          (ii) that is chartered with the crew 
                        provided or specified by the owner or 
                        the owner's representative and carrying 
                        not more than 12 passengers; and
                  (B) of less than 100 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--
                          (i) carrying not more than 6 
                        passengers, including at least one 
                        passenger for hire; or
                          (ii) that is chartered with the crew 
                        provided or specified by the owner or 
                        the owner's representative and carrying 
                        not more than 6 passengers.
          * * * * * * *

Sec. 2113. Authority to exempt certain vessels

  If the Secretary decides that the application of a provision 
of part B, C, F, or G of this subtitle is not necessary in 
performing the mission of the vessel engaged in excursions or 
an oceanographic research vessel, or not necessary for the safe 
operation of certain vessels carrying passengers, the Secretary 
by regulation may--
          (1) * * *
          * * * * * * *
          (4) establish different structural fire protection, 
        manning, operating, and equipment requirements for 
        vessels of at least 100 gross tons but less than 300 
        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 carrying 
        not more than 150 passengers on domestic voyages if the 
        owner of the vessel--
                  (A) * * *
          * * * * * * *
          (5) establish different structural fire protection, 
        manning, operating, and equipment requirements for 
        former public vessels of the United States of at least 
        100 gross tons but less than 500 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, carrying not more than 150 
        passengers on domestic voyages, if the owner of the 
        vessel--
                  (A) makes application for inspection to the 
                Coast Guard within 6 months of the date of 
                enactment of the Passenger Vessel Safety Act of 
                1993; and
                  (B) provides satisfactory documentation that 
                the vessel was chartered at least once within 
                the previous 12 months prior to the date of 
                enactment of that Act.
          * * * * * * *
Sec. 2115. Civil penalty to enforce alcohol and dangerous drug testing

  Any person who fails to comply with or otherwise violates the 
requirements prescribed by the Secretary under this subtitle 
for chemical testing for dangerous drugs or for evidence of 
alcohol use 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.
          * * * * * * *

             Part B--Inspection and Regulations of Vessels

                          CHAPTER 31--GENERAL
Sec.
3101.  Authority to suspend inspection.
3102.  Immersion suits.
3103.  Use of reports, documents, and records.
     * * * * * * *
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.

                   CHAPTER 32--MANAGEMENT OF VESSELS
Sec.
3201.  Definitions.
3202.  Application.
3203.  Safety management system.
3204.  Implementation of safety management system.
3205.  Certification.
Sec. 3201. Definitions

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

Sec. 3202. Application

  (a) Mandatory Application.--This chapter applies to the 
following vessels engaged on a foreign voyage:
          (1) Beginning July 1, 1998--
                  (A) a vessel transporting more than 12 
                passengers described in section 2101(21)(A) of 
                this title; and
                  (B) a tanker, bulk freight vessel, or high-
                speed freight vessel, of at least 500 gross 
                tons.
          (2) Beginning July 1, 2002, a freight vessel and a 
        mobile offshore drilling unit of at least 500 gross 
        tons.
  (b) Voluntary Application.--This chapter applies to a vessel 
not described in subsection (a) of this section if the owner of 
the vessel requests the Secretary to apply this chapter to the 
vessel.
  (c) Exception.--Except as provided in subsection (b) of this 
section, this chapter does not apply to--
          (1) a barge;
          (2) a recreational vessel not engaged in commercial 
        service;
          (3) a fishing vessel;
          (4) a vessel operating on the Great Lakes or its 
        tributary and connecting waters; or
          (5) a public vessel.
Sec. 3203. Safety management system

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

Sec. 3204. Implementation of safety management system

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

Sec. 3205. Certification

  (a) Issuance of Certificate and Document.--After verifying 
that the responsible person for a vessel to which this chapter 
applies and the vessel comply with the applicable requirements 
under this chapter, the Secretary shall issue for the vessel, 
on request of the responsible person, a Safety Management 
Certificate and a Document of Compliance.
  (b) Maintenance of Certificate and Document.--A Safety 
Management Certificate and a Document of Compliance issued for 
a vessel under this section shall be maintained by the 
responsible person for the vessel as required by the Secretary.
  (c) Verification of Compliance.--The Secretary shall--
          (1) periodically review whether a responsible person 
        having a safety management plan approved under section 
        3204(b) and each vessel to which the plan applies is 
        complying with the plan; and
          (2) revoke the Secretary's approval of the plan and 
        each Safety Management Certificate and Document of 
        Compliance issued to the person for a vessel to which 
        the plan applies, if the Secretary determines that the 
        person or a vessel to which the plan applies has not 
        complied with the plan.
  (d) Enforcement.--At the request of the Secretary, the 
Secretary of the Treasury shall withhold or revoke the 
clearance required by section 4197 of the Revised Statutes (46 
App. U.S.C. 91) of a vessel that is subject to this chapter 
under section 3202(a) of this title or to the International 
Safety Management Code, if the vessel does not have on board a 
Safety Management Certificate and a copy of a Document of 
Compliance for the vessel. Clearance may be granted on filing a 
bond or other surety satisfactory to the Secretary.
                    CHAPTER 33--INSPECTION GENERALLY
Sec.
3301.  Vessels subject to inspection.
     * * * * * * *
[3316.  United States classification societies.]
3316.  Classification societies.
          * * * * * * *
Sec. 3301. Vessels subject to inspection

  The following categories of vessels are subject to inspection 
under this part:
          (1) * * *
          * * * * * * *
          (14) oil spill response vessels.
Sec. 3302. Exemptions

  (a) * * *
          * * * * * * *
  (c)(1) A fish processing vessel of not more than 5,000 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 is exempt from section 3301(1), (6), (7), (11), 
and (12) of this title.
  (2) A fish tender vessel of not more than 500 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 is exempt from section 3301(1), (6), (7), (11), and 
(12) of this title.
  (3) A fishing, fish processing, or fish tender vessel of not 
more than 500 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 is exempt from 
section 3301(1), (6), and (7) of this title if--
          (A) * * *
          * * * * * * *
  (4) A fish tender vessel is exempt from section 3301(1), (6), 
and (7) of this title when engaged in the Aleutian trade if the 
vessel--
          (A) is not more than 500 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;
          * * * * * * *
  (d)(1) A motor vessel of less than 150 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, 
constructed before August 23, 1958, is not subject to 
inspection under section 3301(1) of this title if the vessel is 
owned or demise chartered to a cooperative or association that 
only transports cargo owned by at least one of its members on a 
nonprofit basis between places within the waters of--
          (A) * * *
          * * * * * * *
  (i)(1) The Secretary may issue a permit exempting a vessel 
from any part of the requirements of this part for vessels 
transporting cargo, including bulk fuel, from one place in 
Alaska to another place in Alaska only if the vessel--
          (A) is not more than 300 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;
          * * * * * * *
  (j) Notwithstanding another provision of this chapter, the 
Secretary is not required to inspect or prescribe regulations 
for a nautical school vessel of not more than 15 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--
          (1) * * *
          * * * * * * *

Sec. 3303. Reciprocity for foreign vessels

  [(a) Except as] Except as provided in chapter 37 of this 
title, a foreign vessel of a country having inspection laws and 
standards similar to those of the United States and that has an 
unexpired certificate of inspection issued by proper authority 
of its respective country, is subject to an inspection to 
ensure that the condition of the vessel is as stated in its 
current certificate of inspection. A foreign country is 
considered to have inspection laws and standards similar to 
those of the United States when it is a party to an 
International Convention for Safety of Life at Sea to which the 
United States Government is currently a party. A foreign 
certificate of inspection may be accepted as evidence of lawful 
inspection only when presented by a vessel of a country that 
has by its laws accorded to vessels of the United States 
visiting that country the same privileges accorded to vessels 
of that country visiting the United States.
  [(b) The Secretary shall collect and pay to the Treasury the 
same fees for the inspection of foreign vessels carrying 
passengers from the United States that a foreign country 
charges vessels of the United States trading to the ports of 
that country. The Secretary may waive at any time the 
collection of the fees on notice of the proper authorities of 
any country concerned that the collection of fees for the 
inspection of vessels of the United States has been 
discontinued.]
          * * * * * * *

Sec. 3306. Regulations

  (a) To carry out this part and to secure the safety of 
individuals and property on board vessels subject to 
inspection, the Secretary shall prescribe necessary regulations 
to ensure the proper execution of, and to carry out, this part 
in the most effective manner for--
          (1) * * *
          * * * * * * *
          (4) inspections and tests related to [clauses (1)-
        (3)] paragraphs (1), (2), and (3) of this subsection; 
        and
  [(b) Equipment subject to regulation under this section may 
not be used on any vessel without prior approval as prescribed 
by regulation.]
  (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.
          * * * * * * *
  (h) The Secretary shall establish appropriate structural fire 
protection, manning, operating, and equipment requirements for 
vessels of at least 100 gross tons but less than 300 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 carrying not more than 150 passengers on domestic 
voyages, which meet the eligibility criteria of section 2113(4) 
of this title.
  (i) The Secretary shall establish appropriate structural fire 
protection, manning, operating, and equipment requirements for 
former public vessels of the United States of at least 100 
gross tons but less that 500 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 
carrying not more than 150 passengers on domestic voyages, 
which meet the eligibility criteria of section 2113(5) of this 
title.

Sec. 3307. Frequency of inspection

  Each vessel subject to inspection under this part shall 
undergo an initial inspection for certification before being 
put into service. After being put into service--
          (1) each passenger vessel and [nautical school 
        vessel], nautical school vessel, and small passenger 
        vessel allowed to carry more than 12 passengers on a 
        foreign voyage shall be inspected at least once a year; 
        and
          [(2) each small passenger vessel, freight vessel or 
        offshore supply vessel of less than 100 gross tons, and 
        sailing school vessel shall be inspected at least once 
        every 3 years; and
          [(3)] (2) any other vessel shall be inspected at 
        least once every [2] 5 years.

Sec. 3308. Examinations

  In addition to inspections required by section 3307 of this 
title, the Secretary shall examine or have examined--
          (1) * * *
          * * * * * * *

Sec. 3309. Certificate of inspection

  (a) * * *
          * * * * * * *
  (c) At least 30 days [(but not more than 60 days)] before the 
current certificate of inspection issued to a vessel under 
subsection (a) of this section expires, the owner, charterer, 
managing operator, agent, master, or individual in charge of 
the vessel shall submit to the Secretary in writing a notice 
that the vessel--
          (1) * * *
          * * * * * * *

[Sec. 3316. United States classification societies]
Sec. 3316. Classification societies
  [(a) In carrying out this part, the Secretary may rely on 
reports, documents, and certificates issued by the American 
Bureau of Shipping or a similar United States classification 
society, or an agent of the Bureau or society.
  [(b)] (a) Each department, agency, and instrumentality of the 
United States Government shall recognize the Bureau as its 
agent in classifying vessels owned by the Government and in 
matters related to classification, as long as the Bureau is 
maintained as an organization having no capital stock and 
paying no dividends. The Secretary and the Secretary of 
Transportation each shall appoint one representative (except 
when the Secretary is the Secretary of Transportation, in which 
case the Secretary shall appoint both representatives) who 
shall represent the Government on the executive committee of 
the Bureau. The Bureau shall agree that the representatives 
shall be accepted by it as active members of the committee. The 
representatives shall serve without compensation, except for 
necessary traveling expenses.
  [(c)(1) To the maximum extent practicable, the Secretary may 
delegate to the Bureau or a similar United States 
classification society, or an agent of the Bureau or society, 
the inspection or examination, in the United States or in a 
foreign country, of a vessel documented or to be documented as 
a vessel of the United States. The Bureau, society, or agent 
may issue the certificate of inspection required by this part 
and other certificates essential to documentation.
  (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.
  [(2)] (3) When an inspection or examination has been 
delegated under this subsection, the Secretary's delegate--
          (A) * * *
          * * * * * * *
  [(d) The Secretary also may make an agreement with or use the 
Bureau or a similar United States classification society, or an 
agent of the Bureau or society, for reviewing and approving 
plans required for issuing a certificate of inspection.]
          * * * * * * *

Sec. 3318. Penalties

  (a) Except as otherwise provided in this part, the owner, 
charterer, managing operator, agent, master, or individual in 
charge of a vessel operated in violation of this part or a 
regulation prescribed under this part, and a person violating a 
regulation that applies to a small passenger vessel, freight 
vessel of less than 100 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, or sailing school 
vessel, are liable to the United States Government for a civil 
penalty of not more than $5,000. The vessel also is liable in 
rem for the penalty.
          * * * * * * *
  (j)(1) An owner, charterer, managing operator, agent, master, 
or individual in charge of a vessel required to be inspected 
under this chapter operating the vessel without the certificate 
of inspection is liable to the Government for a civil penalty 
of not more than $10,000 for each day during which the 
violation occurs, except when the violation involves operation 
of a vessel of less than 1,600 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, 
the penalty is not more than $2,000 for each day during which 
the violation occurs. The vessel also is liable in rem for the 
penalty.
          * * * * * * *
         CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

          * * * * * * *

Sec. 3702. Application

  (a) * * *
  (b) This chapter does not apply to a documented vessel that 
would be subject to this chapter only because of the transfer 
of fuel from the fuel supply tanks of the vessel to offshore 
drilling or production facilities in the oil industry if the 
vessel is--
          (1) not more than 500 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;
          * * * * * * *
  (c) This chapter does not apply to a fishing or fish tender 
vessel of not more than 500 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 
when engaged only in the fishing industry.
  (d) This chapter does not apply to a fish processing vessel 
of not more than 5,000 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. However, the 
vessel is subject to regulation by the Secretary when carrying 
flammable or combustible liquid cargo in bulk.
          * * * * * * *
  (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.
          * * * * * * *

Sec. 3703a. Tank vessel construction standards

  (a) * * *
  (b) This section does not apply to--
          (1) a vessel used only to respond to a discharge of 
        oil or a hazardous substance;
          (2) a vessel of less than 5,000 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 equipped with a 
        double containment system determined by the Secretary 
        to be as effective as a double hull for the prevention 
        of a discharge of oil; [or]
          (3) before January 1, 2015--
                  (A) a vessel unloading oil in bulk at a 
                deepwater port licensed under the Deepwater 
                Port Act of 1974 (33 U.S.C. 1501 et seq.); or
                  (B) a delivering vessel that is offloading in 
                lightering activities--
                          (i) within a lightering zone 
                        established under section 3715(b)(5) of 
                        this title; and
                          (ii) more than 60 miles from the 
                        baseline from which the territorial sea 
                        of the United States is measured[.];
          (4) a vessel equipped with a double hull before 
        August 12, 1992; or
          (5) a barge of less than 2,000 gross tons that is 
        primarily used to carry deck cargo and bulk fuel to 
        Native villages (as that term is defined in section 3 
        of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1601)) located on or adjacent to bays or rivers above 
        58 degrees north latitude.
  (c)(1) * * *
  (2) A vessel of less than 5,000 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 
for which a building contract or contract for major conversion 
was placed before June 30, 1990, and that is delivered under 
that contract before January 1, 1994, and a vessel of less than 
5,000 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 that had its appraised 
salvage value determined by the Coast Guard before June 30, 
1990, and that qualifies for documentation under section 4136 
of the Revised Statutes of the United States (46 App. U.S.C. 
14) before January 1, 1994, may not operate in the navigable 
waters or the Exclusive Economic Zone of the United States 
after January 1, 2015, unless the vessel is equipped with a 
double hull or with a double containment system determined by 
the Secretary to be as effective as a double hull for the 
prevention of a discharge of oil.
  (3) A vessel for which a building contract or contract for 
major conversion was placed before June 30, 1990, and that is 
delivered under that contract before January 1, 1994, and a 
vessel that had its appraised salvage value determined by the 
Coast Guard before June 30, 1990, and that qualifies for 
documentation under section 4136 of the Revised Statutes of the 
United States (46 App. U.S.C. 14) before January 1, 1994, may 
not operate in the navigable waters or Exclusive Economic Zone 
of the United States unless equipped with a double hull--
          (A) in the case of a vessel of at least 5,000 gross 
        tons but less than 15,000 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--
                  (i) * * *
          * * * * * * *
          (B) in the case of a vessel of at least 15,000 gross 
        tons but less than 30,000 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--
                  (i) * * *
          * * * * * * *
          (C) in the case of a vessel of at least 30,000 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--
                  (i) * * *
          * * * * * * *

Sec. 3707. Tanker minimum standards

  (a) A new tanker of at least 10,000 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 
shall be equipped with--
          (1) * * *
          * * * * * * *
  (b) An existing tanker of at least 10,000 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 shall be equipped with--
          (1) * * *
          * * * * * * *

Sec. 3708. Self-propelled tank vessel minimum standards

  A self-propelled tank vessel of at least 10,000 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 shall be equipped with--
          (1) * * *
          * * * * * * *

Sec. 3710. Evidence of compliance by vessels of the United States

  (a) * * *
  (b) Each certificate endorsed under this section is valid for 
not more than [24 months] 5 years and may be renewed as 
specified by the Secretary. In appropriate circumstances, the 
Secretary may issue a temporary certificate valid for not more 
than 30 days. A certificate shall be suspended or revoked if 
the Secretary finds that the vessel does not comply with the 
conditions under which the certificate was issued.
          * * * * * * *

Sec. 3718. Penalties

  (a) * * *
          * * * * * * *
  [(e) At the request of the Secretary, the Secretary of the 
Treasury shall withhold or revoke the clearance required by 
section 4197 of the Revised Statutes (46 App. U.S.C. 91) of a 
vessel the owner or operator of which is subject to a penalty 
under this section. Clearance may be granted on filing a bond 
or other surety satisfactory to the Secretary.]
  (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.
          * * * * * * *

      CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

          * * * * * * *

Sec. 4502. Safety standards

  (a) The Secretary shall prescribe regulations which require 
that each vessel to which this chapter applies shall be 
equipped with--
          (1) * * *
          * * * * * * *
          (7) alerting and locating equipment, including 
        emergency position indicating radio beacons, on vessels 
        that operate on the high seas or beyond three nautical 
        miles from the coastline of the Great Lakes; and
          * * * * * * *

Sec. 4508. Commercial Fishing Industry Vessel Advisory Committee

  (a) * * *
          * * * * * * *
  (e)(1) The Federal Advisory Committee Act (5 U.S.C. App. 1 et 
seq.) applies to the Committee, except that the Committee 
terminates on [September 30, 1994] October 1, 2000.
          * * * * * * *

                   CHAPTER 47--ABANDONMENT OF BARGES

          * * * * * * *
Sec. 4701. Definitions

  In this chapter--
          (1) ``abandon'' means to moor, strand, wreck, sink, 
        or leave a barge of more than 100 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 unattended for longer 
        than forty-five days.
          * * * * * * *

                     Part C--Load Lines of Vessels

          * * * * * * *

                         CHAPTER 51--LOAD LINES

          * * * * * * *

Sec. 5102. Application

  (a) * * *
  (b) This chapter does not apply to the following:
          (1) * * *
          * * * * * * *
          (4) a fish processing vessel of not more than 5,000 
        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 that--
                  (A) * * *
          * * * * * * *
          (5) a fish tender vessel of not more than 500 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 that--
                  (A) * * *
          * * * * * * *
          (10) an existing vessel of not more than 150 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 that is on 
        a domestic voyage.
          * * * * * * *

                       Part D--Marine Casualties

          * * * * * * *

                CHAPTER 61--REPORTING MARINE CASUALTIES

          * * * * * * *

Sec. 6103. Penalty

  (a) An owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel failing to report a casualty 
as required under section 6101 of this title or a regulation 
prescribed under section 6101 is liable to the United States 
Government for a civil penalty of [$1,000] not more than 
$25,000.
          * * * * * * *

              CHAPTER 63--INVESTIGATING MARINE CASUALTIES
Sec.
6301.  Investigation of marine casualties.
     * * * * * * *
6308.  Information barred in legal proceedings.
          * * * * * * *

Sec. 6308. Information barred in legal proceedings

  (a) Notwithstanding any other provision of law, any opinion, 
recommendation, deliberation, or conclusion contained in a 
report of a marine casualty investigation conducted under 
section 6301 of this title with respect to the cause of, or 
factors contributing to, the casualty set forth in the report 
of the investigation is not admissible as evidence or subject 
to discovery in any civil, administrative, or State criminal 
proceeding arising from a marine casualty, other than with the 
permission and consent of the Secretary of Transportation, in 
his or her sole discretion. Any employee of the United States 
or military member of the Coast Guard investigating a marine 
casualty or assisting in any such investigation conducted 
pursuant to section 6301 of this title, shall not be subject to 
deposition or other discovery, or otherwise testify or give 
information in such proceedings relevant to a marine casualty 
investigation, without the permission and consent of the 
Secretary of Transportation in his or her sole discretion. In 
exercising this discretion in cases where the United States is 
a party, the Secretary shall not withhold permission for an 
employee to testify solely on factual matters where the 
information is not available elsewhere or is not obtainable by 
other means. Nothing in this section prohibits the United 
States from calling an employee as an expert witness to testify 
on its behalf.
  (b) The information referred to in subsection (a) of this 
section shall not be considered an admission of liability by 
the United States or by any person referred to in those 
conclusions or statements.
          * * * * * * *

     Part E--Merchant Seamen Licenses, Certificates, and Documents

          * * * * * * *

           CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY

          * * * * * * *
Sec. 7101. Issuing and classifying licenses and certificates of 
                    registry

  (a) * * *
          * * * * * * *
  (e) An individual may be issued a license under subsection 
(c)(2) of this section only if the applicant--
          (1) * * *
          * * * * * * *
          (3) has a thorough physical examination each year 
        while holding the license, except that this requirement 
        does not apply to an individual who will serve as a 
        pilot only on a vessel of less than 1,600 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;
          * * * * * * *

                CHAPTER 73--MERCHANT MARINERS' DOCUMENTS

          * * * * * * *

Sec. 7308. Able seamen--limited

  The required service for the endorsement of able seaman--
limited, qualified for limited service on a vessel on any 
waters, is at least 18 months' service on deck on board vessels 
of at least 100 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 operating on the 
oceans or navigable waters of the United States (including the 
Great Lakes).
          * * * * * * *

Sec. 7310. Able seamen--offshore supply vessels

  For service on a vessel of less than 500 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 engaged in support of exploration, exploitation, or 
production of offshore mineral or energy resources, an 
individual may be rated as able seaman--offshore supply vessels 
if the individual has at least 6 months' service on deck on 
board vessels operating on the oceans or the navigable waters 
of the United States (including the Great Lakes).
          * * * * * * *

Sec. 7312. Scale of employment

  (a) * * *
  (b) Individuals qualified as able seamen--limited under 
section 7308 of this title may constitute all of the able 
seamen required on a vessel of less than 1,600 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 or on a vessel operating on the Great Lakes and the 
Saint Lawrence River as far east as Sept Iles. Individuals 
qualified as able seamen--limited may constitute not more than 
50 percent of the number of able seamen required on board other 
vessels.
  (c) Individuals qualified as able seamen--special under 
section 7309 of this title may constitute--
          (1) all of the able seamen required on a vessel of 
        not more than 500 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 or on a seagoing barge or towing vessel; and
          * * * * * * *
  (d) Individuals qualified as able seamen--offshore supply 
vessels under section 7310 of this title may constitute all of 
the able seamen required on board a vessel of less than 500 
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 engaged in support of exploration, 
exploitation, or production of offshore mineral or energy 
resources.
          * * * * * * *
  (f) Individuals qualified as able seamen--fishing industry 
under section 7311a of this title may constitute--
          (1) all of the able seamen required on a fish 
        processing vessel entered into service before January 
        1, 1988, and of more than 1,600 gross tons but not more 
        than 5,000 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; and
          (2) all of the able seamen required on a fish 
        processing vessel entered into service after December 
        31, 1987, and having more than 16 individuals on board 
        primarily employed in the preparation of fish or fish 
        products but of not more than 5,000 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. 7313. General requirements for members of engine departments

  (a) Classes of endorsement as qualified members of the engine 
department on vessels of at least 100 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 
(except vessels operating on rivers or lakes (except the Great 
Lakes)) may be prescribed by regulation.
          * * * * * * *

   CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND 
                             DOCUMENTATION
Sec.
7501.  Duplicates.
     * * * * * * *
7506.  Convention tonnage for licenses, certificates, and documents.
     * * * * * * *
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.
          * * * * * * *

                       Part F--Manning of Vessels

                          CHAPTER 81--GENERAL

          * * * * * * *

Sec. 8101. Complement of inspected vessels

  (a) * * *
          * * * * * * *
  (h) The owner, charterer, or managing operator of a freight 
vessel of less than 100 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, a small passenger 
vessel, or a sailing school vessel not manned as required by 
this section is liable to the Government for a civil penalty of 
$1,000. The vessel also is liable in rem for the penalty.
          * * * * * * *

Sec. 8102. Watchmen

  (a) * * *
  (b) The owner, charterer, managing operator, agent, master, 
or individual in charge of a fish processing vessel of more 
than 100 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 shall keep a suitable number 
of watchmen trained in firefighting on board when hotwork is 
being done to guard against and give alarm in case of a fire.

Sec. 8103. Citizenship and Naval Reserve requirements

  (a) * * *
  (b)(1) * * *
          * * * * * * *
  (3) The Secretary may waive a citizenship requirement under 
this section, other than a requirement that applies to the 
master of a documented vessel, with respect to--
          (A) an offshore supply vessel or other similarly 
        engaged vessel of less than 1,600 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 that operates from a 
        foreign port;
          * * * * * * *

Sec. 8104. Watches

  (a) * * *
  (b) On an oceangoing or coastwise vessel of not more than 100 
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 (except a fishing, fish processing, 
or fish tender vessel), a licensed individual may not be 
required to work more than 9 of 24 hours when in port, 
including the date of arrival, or more than 12 of 24 hours at 
sea, except in an emergency when life or property are 
endangered.
  (c) On a towing vessel (except a towing vessel operated only 
for fishing, fish processing, fish tender, or engaged in 
salvage operations) operating on the Great Lakes, harbors of 
the Great Lakes, and connecting or tributary waters between 
Gary, Indiana, Duluth, Minnesota, Niagara Falls, New York, and 
Ogdensburg, New York, a licensed individual or seaman in the 
deck or engine department may not be required [or permitted] to 
work more than 8 hours in one day or permitted to work more 
than 15 hours in any 24-hour period, or more than 36 hours in 
any 72-hour period, except in an emergency when life or 
property are endangered.
  (d) On a merchant vessel of more than 100 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 (except a vessel only operating on rivers, harbors, 
lakes (except the Great Lakes), bays, sounds, bayous, and 
canals, a fishing, fish tender, or whaling vessel, a fish 
processing vessel of not more than 5,000 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, 
yacht, or vessel engaged in salvage operations), the licensed 
individuals, sailors, coal passers, firemen, oilers, and water 
tenders shall be divided, when at sea, into at least 3 watches, 
and shall be kept on duty successively to perform ordinary work 
incident to the operation and management of the vessel. The 
requirement of this subsection applies to radio officers only 
when at least 3 radio officers are employed. A licensed 
individual or seaman in the deck or engine department may not 
be required to work more than 8 hours in one day.
  (e) On a vessel designated by [subsections (c) and (d)] 
subsection (d) of this section--
          (1) * * *
          * * * * * * *
  (g) On a towing vessel [(except a vessel to which subsection 
(c) of this section applies)], an offshore supply vessel, or a 
barge to which this section applies, that is engaged on a 
voyage of less than 600 miles, the licensed individuals and 
crewmembers (except the coal passers, firemen, oilers, and 
water tenders) may be divided, when at sea, into at least 2 
watches.
          * * * * * * *
  (l) Except as provided in subsection (k) of this section, on 
a fish processing vessel, the licensed individuals and deck 
crew shall be divided, when at sea, into at least 2 watches if 
the vessel--
          (1) entered into service before January 1, 1988, and 
        is more than 1,600 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; or
          * * * * * * *
  (m) This section does not apply to a fish processing vessel--
          (1) entered into service before January 1, 1988, and 
        not more than 1,600 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; or
          * * * * * * *
  (o)(1) Except as provided in paragraph (2) of this 
subsection, on a fish tender vessel of not more than 500 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 engaged in the Aleutian trade, the licensed 
individuals and crewmembers shall be divided, when at sea, into 
at least 3 watches.
  (2) On a fish tender vessel of not more than 500 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 engaged in the Aleutian trade, the licensed 
individuals and crewmembers shall be divided, when at sea, into 
at least 2 watches, if the vessel--
          (A) before September 8, 1990, operated in that trade; 
        or
          (B)(i) before September 8, 1990, was purchased to be 
        used in that trade; and
          (ii) before June 1, 1992, entered into service in 
        that trade.
  [(p) On a vessel used only to respond to a discharge of oil 
or a hazardous substance, the licensed individuals and 
crewmembers may be divided into at least two watches when the 
vessel is engaged in an operation less than 12 hours in 
duration.]
  (p) The Secretary may prescribe the watchstanding 
requirements for an oil spill response vessel.
          * * * * * * *

                    CHAPTER 83--MASTERS AND OFFICERS

          * * * * * * *

Sec. 8301. Minimum number of licensed individuals

  (a) Except as provided in chapter 89 of this title and except 
for a vessel operating only on rivers, harbors, lakes (except 
the Great Lakes), bays, sounds, bayous, and canals, a vessel 
subject to inspection under chapter 33 of this title shall 
engage a minimum of licensed individuals as follows:
          (1) Each of those vessels propelled by machinery or 
        carrying passengers shall have a licensed master.
          (2) A vessel of at least 1,000 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 and propelled by machinery shall 
        have 3 licensed mates, except--
                  (A) * * *
          * * * * * * *
          (3) A vessel of at least 200 gross tons but less than 
        1,000 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 and propelled by machinery shall have 2 licensed 
        mates.
          (4) A vessel of at least 100 gross tons but less than 
        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 and propelled by machinery shall have one 
        licensed mate. However, if the vessel is on a voyage of 
        more than 24 hours, it shall have 2 licensed mates.
          (5) A freight vessel or a passenger vessel of at 
        least 300 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 and propelled by machinery shall have a licensed 
        engineer.
  (b) An offshore supply vessel on a voyage of less than 600 
miles shall have a licensed mate. However, if the vessel is on 
a voyage of at least 600 miles, the vessel shall have 2 
licensed mates. An offshore supply vessel of more than 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 may not be operated without a 
licensed engineer.
          * * * * * * *
  [(e) A vessel used only to respond to a discharge of oil or a 
hazardous substance shall have--
          [(1) two licensed mates when the vessel is engaged in 
        an operation over 12 hours in duration;
          [(2) one licensed mate when the vessel is engaged in 
        an operation less than 12 hours in duration; and
          [(3) if the vessel is more than 200 gross tons, a 
        licensed engineer when the vessel is operating.]
  (e) The Secretary may prescribe the minimum number of 
licensed individuals for an oil spill response vessel.
Sec. 8304. Implementing the Officers' Competency Certificates 
                    Convention, 1936

  (a) * * *
  (b) The Officers' Competency Certificates Convention, 1936 
(International Labor Organization Draft Convention Numbered 53, 
on the minimum requirement of professional capacity for masters 
and officers on board merchant vessels), as ratified by the 
President on September 1, 1938, with understandings appended, 
and this section apply to a documented vessel operating on the 
high seas except--
          (1) * * *
          * * * * * * *
          (4) a vessel of less than 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.
          * * * * * * *

                    CHAPTER 87--UNLICENSED PERSONNEL

          * * * * * * *

Sec. 8701. Merchant mariners' documents required

  (a) This section applies to a merchant vessel of at least 100 
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 except--
          (1) * * *
          * * * * * * *
          (6) a fish processing vessel entered into service 
        before January 1, 1988, and not more than 1,600 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 or entered 
        into service after December 31, 1987, and having not 
        more than 16 individuals on board primarily employed in 
        the preparation of fish or fish products;
          (7) a fish processing vessel (except a vessel to 
        which clause (6) of this subsection applies) with 
        respect to individuals on board primarily employed in 
        the preparation of fish or fish products or in a 
        support position not related to navigation; [and]
          (8) a mobile offshore drilling unit with respect to 
        individuals, other than crew members required by the 
        certificate of inspection, engaged on board the unit 
        for the sole purpose of carrying out the industrial 
        business or function of the unit[.]; and
          (9) the Secretary may prescribe the individuals 
        required to hold a merchant mariner's document serving 
        onboard an oil spill response vessel.
          * * * * * * *

Sec. 8702. Certain crew requirements

  (a) This section applies to a vessel of at least 100 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 except--
          (1) * * *
          * * * * * * *
          (6) a fish processing vessel entered into service 
        before January 1, 1988, and not more than 1,600 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 or entered 
        into service after December 31, 1987, and having not 
        more than 16 individuals on board primarily employed in 
        the preparation of fish or fish products; and
          * * * * * * *

                    CHAPTER 89--SMALL VESSEL MANNING

          * * * * * * *

Sec. 8901. Freight vessels

  A freight vessel of less than 100 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 
shall be operated by an individual licensed by the Secretary to 
operate that type of vessel in the particular geographic area, 
under prescribed regulations.
          * * * * * * *

Sec. 8905. Exemptions

  (a) * * *
  (b) Section 8904 of this title does not apply to a vessel of 
less than 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 engaged in the 
offshore mineral and oil industry if the vessel has offshore 
mineral and oil industry sites or equipment as its ultimate 
destination or place of departure.
  (c) Section 8904 of this title does not apply to an oil spill 
response vessel while engaged in oil spill response or training 
activities.
Sec. 8906. Penalty

  An owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel operated in violation of this 
chapter or a regulation prescribed under this chapter is liable 
to the United States Government for a civil penalty of [$1,000] 
not more than $25,000. The vessel also is liable in rem for the 
penalty.
          * * * * * * *

                    CHAPTER 93--GREAT LAKES PILOTAGE

          * * * * * * *

Sec. 9303. United States registered pilot service

  (a) The Secretary shall prescribe by regulation standards of 
competency to be met by each applicant for registration under 
this chapter. An applicant must--
          (1) have a license as master, mate, or pilot issued 
        under section 7101 of this title;
          (2) have acquired at least 24 months licensed service 
        or equivalent experience on vessels or integrated 
        towing vessels and tows of at least 4,000 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, operating on the 
        Great Lakes or oceans, with a minimum of 6 months of 
        that service or experience having been on the Great 
        Lakes; and
          * * * * * * *

             Part G--Merchant Seamen Protection and Relief

                          CHAPTER 101--GENERAL

          * * * * * * *

Sec. 10101. Definitions

  In this part--
          (1) * * *
          * * * * * * *
          (4) ``fishing vessel'' includes--
                  (A) a fish tender vessel; or
                  (B) a fish processing vessel entered into 
                service before January 1, 1988, and not more 
                than 1,600 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 or entered 
                into service after December 31, 1987, and 
                having not more than 16 individuals on board 
                primarily employed in the preparation of fish 
                or fish products.
          * * * * * * *

             CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES

          * * * * * * *

Sec. 10301. Application

  (a) Except as otherwise specifically provided, this chapter 
applies to a vessel of the United States--
          (1) * * *
          (2) of at least 75 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 on a voyage between a port of the 
        United States on the Atlantic Ocean and a port of the 
        United States on the Pacific Ocean.
          * * * * * * *

                     CHAPTER 105--COASTWISE VOYAGES

          * * * * * * *

Sec. 10501. Application

  (a) Except for a vessel to which chapter 103 of this title 
applies, this chapter applies to a vessel of at least 50 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 on a voyage between a port in one State and a 
port in another State (except an adjoining State).
          * * * * * * *

                      CHAPTER 106--FISHING VOYAGES

          * * * * * * *

Sec. 10601. Fishing agreements

  (a) Before proceeding on a voyage, the master or individual 
in charge of a fishing vessel, fish processing vessel, or fish 
tender vessel shall make a fishing agreement in writing with 
each seaman enployed on board if the vessel is--
          (1) at least 20 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; and
          * * * * * * *

                   CHAPTER 111--PROTECTION AND RELIEF

          * * * * * * *

Sec. 11101. Accommodations for seamen

  (a) On a merchant vessel of the United States the 
construction of which began after March 4, 1915 (except a 
yacht, pilot vessel, or vessel of less than 100 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)--
          (1) * * *
          * * * * * * *

Sec. 11102. Medicine chests

  (a) A vessel of the United States on a voyage from a port in 
the United States to a foreign port (except to a Canadian 
port), and a vessel of the United States of at least 75 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 on a voyage between a port of the United States 
on the Atlantic Ocean and Pacific Ocean, shall be provided with 
a medicine chest.
          * * * * * * *

                     CHAPTER 113--OFFICIAL LOGBOOKS

          * * * * * * *

Sec. 11301. Logbook and entry requirements

  (a) Except a vessel on a voyage from a port in the United 
States to a port in Canada, a vessel of the United States shall 
have an official logbook if the vessel is--
          (1) on a voyage from a port in the United States to a 
        foreign port; or
          (2) of at least 100 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 and is on a voyage between a port 
        of the United States on the Atlantic Ocean and on the 
        Pacific Ocean.
          * * * * * * *

                   Part H--Identification of Vessels

                 CHAPTER 121--DOCUMENTATION OF VESSELS
Sec.
12101.  Definitions and related terms in other laws.
     * * * * * * *
[12107.  Great Lakes endorsements.]
     * * * * * * *
[12123.  Denial and revocation of endorsements.]
Sec. 12101. Definitions and related terms in other laws

  (a) * * *
  (b) When used in a law, regulation, document, ruling, or 
other official act referring to the documentation of a vessel--
          (1) * * *
          * * * * * * *
          [(3) ``enrollment and license to engage in the 
        foreign and coastwise (or coasting) trade on the 
        northern, northeastern, and northwestern frontiers, 
        otherwise than by sea'' means a Great Lakes endorsement 
        as provided in section 12107 of this title.]
          * * * * * * *

Sec. 12106. Coastwise endorsements

  (a) * * *
          * * * * * * *
  (c) A coastwise endorsement to engage in the coastwise trade 
of fisheries products between places in Guam, American Samoa, 
and the Northern Mariana Islands may be issued for a vessel 
that--
          (1) is less than [two hundred gross tons] 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;
          * * * * * * *
  (e)(1) A certificate of documentation for a vessel may be 
endorsed with a coastwise endorsement if--
          (A) the vessel is eligible for documentation under 
        section 12102;
          (B) the vessel is otherwise qualified under this 
        section to be employed in the coastwise trade;
          (C) the person that owns the vessel, a parent entity 
        of that person, or a subsidiary of a parent entity of 
        that person, is engaged in leasing;
          (D) the vessel is under a demise charter to a person 
        qualifying as a citizen of the United States for 
        engaging in the coastwise trade under section 2 of the 
        Shipping Act, 1916; and
          (E) the demise charter is for--
                  (i) a period of at least 3 years; or
                  (ii) such shorter period as may be prescribed 
                by the Secretary.
  (2) On termination of a demise charter required under 
paragraph (1)(D), the coastwise endorsement may be continued 
for a period not to exceed 6 months on any terms and conditions 
that the Secretary of Transportation may prescribe.
  (f) For purposes of the first proviso of section 27 of the 
Merchant Marine Act, 1920, section 2 of the Shipping Act, 1916, 
and section 12102(a) of this title, a vessel meeting the 
criteria of subsection (d) or (e) is deemed to be owned 
exclusively by citizens of the United States.
  (g) A coastwise endorsement may be issued for a vessel that--
          (1) is less than 200 gross tons;
          (2) is eligible for documentation;
          (3) was built in the United States; and
          (4) was--
                  (A) sold foreign in whole or in part; or
                  (B) placed under foreign registry.
[Sec. 12107. Great Lakes endorsements

  [(a) A certificate of documentation may be endorsed with a 
Great Lakes endorsement for a vessel that--
          [(1) is eligible for documentation;
          [(2)(A) was built in the United States; or
          [(B) if not built in the United States, was captured 
        in war by citizens of the United States and lawfully 
        condemned as prize, was adjudged to be forfeited for a 
        breach of the laws of the United States, or qualified 
        for documentation under section 4136 of the Revised 
        Statutes (46 App. U.S.C. 14); and
          [(3) otherwise qualifies under the laws of the United 
        States to be employed in the coastwise trade.
  [(b) Subject to the laws of the United States regulating 
trade with Canada, only a vessel for which a certificate of 
documentation with a Great Lakes endorsement is issued may be 
employed on the Great Lakes and their tributary and connecting 
waters in trade with Canada.]

Sec. 12108. Fishery endorsements

  (a) * * *
          * * * * * * *
  (c) A fishery endorsement to engage in fishing in the 
territorial sea and fishery conservation zone adjacent to Guam, 
American Samoa, and the Northern Mariana Islands may be issued 
to a vessel that--
          (1) is less than [two hundred gross tons] 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. 12123. Denial and revocation of endorsements

  [The Secretary of Transportation is authorized to deny the 
issuance or renewal of a trade or recreational endorsement on a 
certificate of documentation issued under this chapter and to 
revoke such endorsement if that vessel's owner has not paid an 
assessment of a civil penalty after final agency action for a 
violation of law for which an assessment has been made by the 
Secretary.]
          * * * * * * *

                    Party J--Measurement of Vessels

                          CHAPTER 141--GENERAL

          * * * * * * *

Sec. 14104. Measurement to determine application of a law

  (a) When the application of a law of the United States to a 
vessel depends on the vessel's tonnage, the vessel shall be 
measured under this part.
  (b) If a statute allows for an alternate tonnage to be 
prescribed under this section, the Secretary may prescribe it 
by regulation. The alternate tonnage shall, to the maximum 
extent possible, be equivalent to the statutorily established 
tonnage. Until an alternate tonnage is prescribed, the 
statutorily established tonnage shall apply to vessels measured 
under chapter 143 or chapter 145 of this title.
          * * * * * * *

                    Subtitle III--Maritime Liability

          * * * * * * *

         CHAPTER 313--COMMERCIAL INSTRUMENTS AND MARITIME LIENS
Sec.
31301.  Definitions.
     * * * * * * *
[31328.  Limitations on parties serving as trustees of mortgaged vessel 
          interests.]
Sec. 31321. Filing, recording, and discharge

  (a)(1) * * *
          * * * * * * *
  (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. 31322. Preferred mortgages

  [(a)(1) A preferred mortgage is a mortgage, whenever made, 
that--
          [(A) includes the whole of a vessel;
          [(B) is filed in substantial compliance with section 
        31321 of this title;
          [(C)(i) covers a documented vessel; or
          [(ii) covers a vessel for which an application for 
        documentation is filed that is in substantial 
        compliance with the requirements of chapter 121 of this 
        title and the regulations prescribed under that 
        chapter; and
          [(D) has as the mortgagee--
                  [(i) a State;
                  [(ii) the United States Government;
                  [(iii) a federally insured depository 
                institution, unless disapproved by the 
                Secretary;
                  [(iv) an individual who is a citizen of the 
                United States;
                  [(v) a person qualifying as a citizen of the 
                United States under section 2 of the Shipping 
                Act, 1916 (46 App. U.S.C. 802); or
                  [(vi) a person approved by the Secretary of 
                Transportation.
  [(2) Paragraph (1)(D) of this subsection does not apply to--
          [(A) a documented vessel that has a fisheries 
        endorsement or a recreational endorsement, or both 
        endorsements; or
          [(B) a vessel for which an application for 
        documentation with a fisheries endorsement or a 
        recreational endorsement, or both endorsements, has 
        been filed.]
  (a) A preferred mortgage is a mortgage, whenever made, that--
          (1) includes the whole of the vessel;
          (2) is filed in substantial compliance with section 
        31321 of this title; and
          (3)(A) covers a documented vessel; or
          (B) covers a vessel for which an application for 
        documentation is filed that is in substantial 
        compliance with the requirements of chapter 121 of this 
        title and the regulations prescribed under that 
        chapter.
          * * * * * * *

Sec. 31325. Preferred mortgage liens and enforcement

  (a) * * *
  (b) On default of any term of the preferred mortgage, the 
[mortgage] mortgagee may--
          (1) enforce the [perferred] preferred mortgage lien 
        in a civil action in rem for a documented vessel, a 
        vessel to be documented under chapter 121 of this 
        title, or a foreign vessel; [and]
          * * * * * * *
          (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 App. U.S.C. 808, 835).
          * * * * * * *
  (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.
          * * * * * * *

[Sec. 31328. Limitations on parties serving as trustees of mortgaged 
                    vessel interests

  [(a) Without the approval of the Secretary of Transportation, 
an instrument or evidence of indebtedness secured by a mortgage 
of a documented vessel to a trustee may not be issued, 
assigned, or transferred to, or held in trust for, a person not 
qualifying as a citizen of the United States under section 2 of 
the Shipping Act, 1916 (46 App. U.S.C. 802), unless the 
trustee--
          [(1) is a State;
          [(2) is the United States Government;
          [(3) is a person approved by the Secretary and 
        qualifying as a citizen of the United States under that 
        section 2; or
          [(4) has been approved by the Secretary.
  [(b) The Secretary shall approve a trustee under subsection 
(a)(3) or (4) of this section if the trustee--
          [(1) is organized as a corporation, and is doing 
        business, under the laws of the United States or of a 
        State;
          [(2) is authorized under those laws to exercise 
        corporate trust powers;
          [(3) is subject to supervision or examination by an 
        official of the United States Government or a State;
          [(4) has a combined capital and surplus (as stated in 
        its most recent published report of condition) of at 
        least $3,000,000; and
          [(5) if the trustee is to be approved under 
        subsection (a)(4) of this section, meets any other 
        requirements prescribed by the Secretary.
  [(c) If the trustee at any time does not satisfy the 
qualifications of subsection (b) of this section, the Secretary 
shall disapprove the trustee.
  [(d) Except as provided in subsection (a) of this section, a 
right under a mortgage of a documented vessel may be issued, 
assigned, or transferred to a person not eligible to be a 
mortgagee of that vessel under section 31322 of this title only 
with the approval of the Secretary.
  [(e) The vessel may be operated by the trustee only with the 
approval of the Secretary.
  [(f) The issuance, assignment, or transfer of an instrument 
or evidence of indebtedness contrary to this section is void.]

Sec. 31329. Court sales of documented vessels

  (a) * * *
          * * * * * * *
  (f) This section does not apply to a documented vessel that 
has been operated only--
          (1) as a fishing vessel, fish processing vessel, or 
        fish tender vessel; or
          (2) for pleasure.
Sec. 31330. Penalties

  (a) * * *
  (b)(1) A person that knowingly violates section [31328 or] 
31329 of this title shall be fined under title 18, imprisoned 
for not more than 3 years, or both.
  (2) A person violating section [31328 or] 31329 of this title 
is liable to the Government for a civil penalty of not more 
than $25,000.
  (3) A vessel involved in a violation under section [31328 or] 
31329 of this title and its equipment may be seized by, and 
forfeited to, the Government.
          * * * * * * *
                              ----------                              

                     PORTS AND WATERWAYS SAFETY ACT

          * * * * * * *
    Sec. 4. Vessel Operating Requirements.
    (a) In General.--Subject to the requirements of section 5, 
the Secretary--
    (1) * * *
          * * * * * * *
          (3) may require vessels to install and use specified 
        navigation equipment, communications equipment, 
        electronic relative motion analyzer equipment, or any 
        electronic or other device necessary to comply with a 
        vessel traffic service or which is necessary in the 
        interests of vessel safety: Provided, That the 
        Secretary shall not require fishing vessels under 300 
        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 or 
        recreational vessels 65 feet or less to possess or use 
        the equipment or devices required by this subsection 
        solely under the authority of this Act;
          * * * * * * *
    Sec. 7. Port, Harbor, and Coastal Facility Security.
    (a) * * *
          * * * * * * *
    (c) Nondisclosure of Port Security Plans.--Notwithstanding 
any other provision of law, information related to security 
plans, procedures, or programs for passenger vessels or 
passenger terminals authorized under this Act is not required 
to be disclosed to the public.
    Sec. 13. Enforcement. (a) * * *
          * * * * * * *
    [(f) Withholding of Clearance.--The Secretary of the 
Treasury shall withhold or revoke, at the request of the 
Secretary, the clearance required by section 4197 of the 
Revised Statutes of the United States, as amended (46 U.S.C. 
91), of any vessel, the owner of operator of which is subject 
to any of the penalties in this section. Clearance may be 
granted in such cases upon the filing of a bond or other surety 
satisfactory to the Secretary.]
    (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 
App. U.S.C. 91).
    (2) Clearance refused or revoked under this subsection may 
be granted upon filing of a bond or other surety satisfactory 
to the Secretary.
                              ----------                              

                         ACT OF JANUARY 2, 1951

               (Commonly Referred to as the Johnson Act)

AN ACT To prohibit transportation of gambling devices in interstate and 
                            foreign commerce

          * * * * * * *
    Sec. 5. (a)
        * * *
    (b) Exception.--
          (1) * * *
          (2) Application to certain voyages.--
                  (A) * * *
          * * * * * * *
                  (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.
          * * * * * * *
                              ----------                              

                  SECTION 9 OF THE SHIPPING ACT, 1916

    Sec. 9. (b) * * *
    (c) Except as provided in section 611 of the Merchant 
Marine Act, 1936 (46 App. U.S.C. 1181), and sections 
31322(a)(1)(D) and [31328] 12106(e) of title 46, United States 
Code, a person may not, without the approval of the Secretary 
of Transportation--
          (1) sell, [mortgage] lease, charter, deliver, or in 
        any manner transfer, or agree to sell, [mortgage,] 
        lease, charter, deliver, or in any manner transfer, to 
        a person not a citizen of the United States, any 
        interest in or control of a documented vessel (except 
        in a vessel that has been operated only as a fishing 
        vessel, fish processing vessel, or fish tender vessel 
        (as defined in section 2101 of title 46, United States 
        Code) or in a vessel that has been operated only for 
        pleasure) owned by a citizen of the United States or 
        the last documentation of which was under the laws of 
        the United States; or
          * * * * * * *
    (d)(1) Any charter, sale, [transfer, or mortgage] or 
transfer of a vessel, or interest in or control of that vessel, 
contrary to this section is void.
    (2) A person that knowingly charters, sells, [transfers, or 
mortgages] or transfers a vessel, or interest in or control of 
that vessel, contrary to this section shall be fined under 
title 18, United States Code, imprisoned for not more than 5 
years, or both.
    (3) A documented vessel may be seized by, and forfeited to, 
the United States Government if--
          (A) the vessel is placed under foreign registry or 
        operated under the authority of a foreign country 
        contrary to this section; or
          (B) a person knowingly charters, sells, [transfers, 
        or mortgages] or transfers a vessel, or interest or 
        control in that vessel, contrary to this section.
    (4) A person that charters, sells, [transfers, or 
mortgages] or transfers a vessel, or an interest in or control 
of a vessel, in violation of this section is liable to the 
United States Government for a civil penalty of not more than 
$10,000 for each violation.
                       OIL POLLUTION ACT OF 1990

          * * * * * * *

           TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION

SEC. 1001. DEFINITIONS.

    For the purposes of this Act, the term--
          (1) * * *
          * * * * * * *
          (32) ``responsible party'' means the following:
          * * * * * * *
                  (C) Offshore facilities.--In the case of an 
                offshore facility (other than a pipeline or a 
                deepwater port licensed under the Deepwater 
                Port Act of 1974 (33 U.S.C. 1501 et seq.)), the 
                lessee or permittee of the area in which the 
                facility is located or the holder of a right of 
                use and easement granted under [applicable 
                State law or] applicable State law relating to 
                exploring for, producing, or transporting oil 
                on submerged lands on the Outer Continental 
                Shelf in accordance with a license or permit 
                issued for such purpose, or under the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1301-
                1356) for the area in which the facility is 
                located (if the holder is a different person 
                than the lessee or permittee), except a Federal 
                agency, State, municipality, commission, or 
                political subdivision of a State, municipality, 
                commission, or political subdivision of a 
                State, or any interstate body, that as owner 
                transfers possession and right to use the 
                property to another person by lease, 
                assignment, or permit.
          * * * * * * *

SEC. 1004. LIMITS ON LIABILITY.

    (a) General Rule.--Except as otherwise provided in this 
section, the total of the liability of a responsible party 
under section 1002 and any removal costs incurred by, or on 
behalf of, the responsible party, with respect to each incident 
shall not exceed--
          (1) [for a tank vessel,] for a tank vessel carrying 
        oil in bulk as cargo (unless the only oil carried in an 
        animal fat or vegetable oil, as those terms are defined 
        in section 413(c) of the Coast Guard Authorization Act 
        For Fiscal Year 1996), the greater of--
                  (A) * * *
          * * * * * * *

SEC. 1016. FINANCIAL RESPONSIBILITY.

    (a) Requirement.--The responsible party for--
          (1) * * *
          * * * * * * *
shall establish and maintain, in accordance with regulations 
promulgated by the Secretary, evidence of financial 
responsibility sufficient to meet the maximum amount of 
liability to which, [in the case of a tank vessel,] in the case 
of a tank vessel carrying oil in bulk as cargo (unless the only 
oil carried is an animal fat or vegetable oil, as those terms 
are defined in section 413(c) of the Coast Guard Authorization 
Act for Fiscal Year 1996), the responsible party could be 
subject under section 1004 (a)(1) or (d) of this Act, or to 
which, in the case of any other vessel, the responsible party 
could be subjected under section 1004 (a)(2) or (d), in a case 
where the responsible party would be entitled to limit 
liability under that section. If the responsible party owns or 
operates more than one vessel, evidence of financial 
responsibility need be established only to meet the amount of 
the maximum liability applicable to the vessel having the 
greatest maximum liability.
          * * * * * * *
    (c) Offshore Facilities.--
          [(1) In general.--Except as provided in paragraph 
        (2), each responsible party with respect to an offshore 
        facility shall establish and maintain evidence of 
        financial responsibility of $150,000,000 to meet the 
        amount of liability to which the responsible party 
        could be subjected under section 1004(a) in a case in 
        which the responsible party would be entitled to limit 
        liability under that section. In a case in which a 
        person is the responsible party for more than one 
        facility subject to this subsection, evidence of 
        financial responsibility need be established only to 
        meet the maximum liability applicable to the facility 
        having the greatest maximum liability.]
          (1) In general.--
                  (A) Evidence of financial responsibility 
                required.--Except as provided in paragraph (2), 
                each responsible party with respect to an 
                offshore facility described in section 
                1001(32)(C) located seaward of the line of mean 
                high tide that is--
                          (i) used for drilling for, producing, 
                        or processing oil; and
                          (ii) has the capacity to transport, 
                        store, transfer, or otherwise handle 
                        more than 1,000 barrels of oil at any 
                        one time,
                shall establish and maintain evidence of 
                financial responsibility in the amount required 
                under subparagraph (B) or (C), applicable.
                  (B) Amount required generally.--Except as 
                provided in subparagraph (C), for purposes of 
                subparagraph (A) the amount of financial 
                responsibility required is $35,000,000.
                  (C) Greater amount.--If the President 
                determines that an amount of financial 
                responsibility greater than the amount required 
                by subparagraph (B) is necessary for an 
                offshore facility, based on an assessment of 
                the risk posed by the facility that includes 
                consideration of the relative operational, 
                environmental, human health, and other risks 
                posed by the quantity or quality of oil that is 
                transported, stored, transferred, or otherwise 
                handled by the facility, the amount of 
                financial responsibility required shall not 
                exceed $150,000,000 determined by the President 
                on the basis of clear and convincing evidence 
                that the risks posed justify the greater 
                amount.
                  (D) Multiple facilities.--In a case in which 
                a person is responsible 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) Guarantee method.--Except with respect of 
                financial responsibility established by the 
                guarantee method, subsection (f) shall not 
                apply with respect to this subsection.
          * * * * * * *
                              ----------                              

        SECTION 601 OF THE COAST GUARD AUTHORIZATION ACT OF 1993

SEC. 601. DOCUMENTATION OF VESSELS.

    (a) * * *
          * * * * * * *
    (d) Notwithstanding section 27 of the Merchant Marine Act, 
1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App. 
U.S.C. 289), and section 12106 of title 46, United States Code, 
the Secretary of Transportation may issue a certificate of 
documentation with a coastwise endorsement for the vessel M/V 
TWIN DRILL (Panama official number 8536--PEXT--2) if--
          (1) * * *
          (3) the major conversion is completed and the vessel 
        is documented under chapter 121 of title 46, United 
        States Code, with a coastwise endorsement before June 
        30, [1995] 1996;
          (4) the person documenting the vessel contracts with 
        a United States shipyard to construct an additional 
        vessel of equal or greater capacity within [12] 24 
        months of the date of enactment of this Act, for 
        delivery within 36 months of the date of such contract; 
        and
          * * * * * * *
                              ----------                              


    SECTION 3 OF THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT

                                COVERAGE

    Sec. 3. (a) * * *
          * * * * * * *
    (d)(1) * * *
          * * * * * * *
    (3) For purposes of this subsection, a small vessel means--
          (A) a commercial barge which is under 900 lightship 
        displacement tons; or
          (B) a commercial tugboat, towboat, crew boat, supply 
        boat, fishing vessel, or other work vessel which is 
        under 1,600 tons gross 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.
          * * * * * * *
                              ----------                              

          SECTION 4 OF THE VESSEL-TO-BRIDGE RADIOTELEPHONE ACT

    Sec. 4. (a) Except as provided in section 7 of this Act--
          (1) * * *
          (2) every vessel of one hundred 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, and upward carrying 
        one or more passengers for hire while navigating;
          * * * * * * *
                              ----------                              


              SECTION 27A OF THE MERCHANT MARINE ACT, 1920

    Sec. 27A. Notwithstanding any other provision of law, a 
corporation incorporated under the laws of the United States or 
any State, Territory, District, or possession thereof, shall be 
deemed to be a citizen of the United States for the purposes of 
and within the meaning of that term as used in sections 9 and 
37 of the Shipping Act, 1916, as amended (46 U.S.C. 808, 835), 
section 27 of the Merchant Marine Act of 1920, as amended (46 
U.S.C. 883), Revised Statutes, section 4370 (46 U.S.C. 316), 
and the laws relating to the documentation of vessels, if it is 
established by a certificate filed with the Secretary of the 
Treasury as hereinafter provided, that--
        (a) * * *
          * * * * * * *
Vessels built in the United States and owned by a corporation 
meeting the conditions hereof which are non-self-propelled or 
which, if self-propelled, are of less than five hundred 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, shall be entitled to documentation under the 
laws of the United States, and except as restricted by this 
section, shall be entitled to engage in the coastwise trade 
and, together with their owners or masters, shall be entitled 
to all the other benefits and privileges and shall be subject 
to the same requirements, penalties, and forfeitures as may be 
applicable in the case of vessels built in the United States 
and otherwise documented or exempt from documentation under the 
laws of the United States.
          * * * * * * *
                              ----------                              

                 SECTION 2 OF THE ACT OF JUNE 14, 1956

 AN ACT. To amend the shipping laws, to prohibit the operation in the 
 coastwise trade of vessels rebuilt outside the United States, and for 
                             other purposes

    Sec. 2. If any vessel of more than five hundred gross tons 
as amended 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 documented under the laws of the United States, or 
last documented under such laws, is rebuilt, and any part of 
the rebuilding, including the construction of major components 
of the hull and superstructure of the vessel, is not effected 
within the United States, its Territories (not including trust 
territories) or its possessions, a report of the circumstances 
of such rebuilding shall be made to the Secretary of the 
Treasury, upon the first arrival of the vessel thereafter at a 
port within the customs territory of the United States, if 
rebuilt outside the United States, its Territories (not 
including trust territories), or its possessions, or, in any 
other case, upon completion of the rebuilding, in accordance 
with such regulations as the Secretary may prescribe. If the 
required report is not made, the vessel, together with its 
tackle, apparel, equipment, and furniture, shall be forfeited, 
and the master and owner shall each be liable to a penalty of 
$200. Any penalty or forfeiture incurred under this Act may be 
remitted or mitigated by the Secretary under the provisions of 
section 5294 of the Revised Statutes of the United States, as 
amended (U.S.C., 1952 edition, title 46, sec. 7).
                              ----------                              


             SECTION 1302 OF THE MERCHANT MARINE ACT, 1936

    Sec. 1302. For purposes of this title--
          (1) * * *
          * * * * * * *
          (4) the term ``merchant marine officer'' means any 
        person who holds a license issued by the United States 
        Coast Guard which authorizes service--
                  (A) as a master, mate, or pilot on board any 
                vessel of 1,000 gross tons or more 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 
                which is documented under the laws of the 
                United States and which operates on the oceans 
                or on the Great Lakes; or
          * * * * * * *
                              ----------                              

                 REVISED STATUTES OF THE UNITED STATES

          * * * * * * *

            TITLE XXXIV.--COLLECTION OF DUTIES UPON IMPORTS.

          * * * * * * *

                   CHAPTER 4.--ENTRY OF MERCHANDISE.

          * * * * * * *
    Sec. 2793. Documented vessels with a [coastwise, Great 
Lakes endorsement, departing from or arriving at a port in one 
district to or from a port in another district, and also 
touching at intermediate foreign ports,] registry endorsement, 
engaged in foreign trade on the Great Lakes or their tributary 
or connecting waters in trade with Canada, shall not thereby 
become liable to the payment of entry and clearance fees, or 
tonnage tax [, as if from or to foreign ports].
          * * * * * * *
          TITLE L.--REGULATION OF VESSELS IN DOMESTIC COMMERCE

          * * * * * * *
    Sec. 4370. (a) It shall be unlawful for any vessel not 
wholly owned by a person who is a citizen of the United States 
within the meaning of the laws respecting the documentation of 
vessels and not having in force a certificate of registry, a 
certificate of documentation issued under section 12106 [or 
12107] of title 46, United States Code, to tow any vessel other 
than a vessel in distress, from any port or place in the United 
States, its Territories or possessions, embraced within the 
coastwise laws of the United States, to any other port or place 
within the same, either directly or by way of a foreign port or 
place, or to do any part of such towing, or to tow any such 
vessel, from point to point within the harbors of such places, 
or to tow any vessel transporting valueless material or any 
dredged material, regardless of whether it has commercial 
value, from a point or place in the United States or a point or 
place on the high seas within the Exclusive Economic Zone as 
defined in the Presidential Proclamation of March 10, 1983, to 
another point or place in the United States or a point or place 
on the high seas within that Exclusive Economic Zone. The owner 
and master of any vessel towing another vessel in violation of 
the provisions of this section shall each be liable to a fine 
of not less than $250 nor more than $1,000, which fines shall 
constitute liens upon the offending vessel enforceable through 
the district court of the United States for any district in 
which such vessel may be found, and clearance shall not be 
granted to such vessel until the fines have been paid. The 
towing vessel shall also be further liable to a penalty of $50 
per ton on the measurement of every vessel towed in violation 
of this section, which sum may be recovered by way of libel or 
suit.
          * * * * * * *