[Senate Report 104-160]
[From the U.S. Government Publishing Office]




   104th Congress 1st            SENATE                 Report
         Session
                                                       104-160
_______________________________________________________________________



                                                       Calendar No. 210



 
                 COAST GUARD AUTHORIZATION ACT OF 1995

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1004




 October 19 (legislative day, October 18), 1995.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred fourth congress
                             first session

  LARRY PRESSLER, South Dakota, 
             Chairman
ERNEST F. HOLLINGS, South Carolina   BOB PACKWOOD, Oregon
DANIEL K. INOUYE, Hawaii             TED STEVENS, Alaska
WENDELL H. FORD, Kentucky            JOHN McCAIN, Arizona
J. JAMES EXON, Nebraska              CONRAD BURNS, Montana
JOHN D. ROCKEFELLER IV, West VirginiaSLADE GORTON, Washington
JOHN F. KERRY, Massachusetts         TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana            KAY BAILEY HUTCHISON, Texas
RICHARD H. BRYAN, Nevada             OLYMPIA SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ASHCROFT, Missouri
  Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief 
    Counsel and Staff Director
                                                       Calendar No. 210
104th Congress                                                   Report
                                 SENATE

 1st Session                                                    104-160
_______________________________________________________________________



                 COAST GUARD AUTHORIZATION ACT OF 1995

                                _______


 October 19 (legislative day, October 18), 1995.--Ordered to be printed

_______________________________________________________________________


      Mr. Pressler, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1004]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill joint resolution deg. (S. 
1004) ``A Bill to authorize appropriations for the United 
States Coast Guard, and for other purposes'', having considered 
the same, reports favorably thereon with an amendment in the 
nature of a substitute and recommends that the bill as amended 
do pass.

                          Purpose of the Bill

  S. 1004, the Coast Guard Authorization Act of 1995, would 
authorize appropriations for the U.S. Coast Guard for fiscal 
years (FY) 1995 and 1996, covering six appropriations accounts: 
(1) operating expenses; (2) acquisition, construction, and 
improvement of equipment and facilities (AC&I); (3) research 
and development (R&D); (4) retired pay; (5) alteration and 
removal of bridges; and (6) environmental compliance and 
restoration. The bill also authorizes end-of-year military 
strength and training loads, strengthens safety requirements 
for recreational boating, and makes other changes to existing 
law.

                          Background and Needs

  The Coast Guard is the principal Federal maritime safety and 
law enforcement agency. Typical Coast Guard activities include 
vessel safety inspection, the rescue of life and property at 
sea, fishery law enforcement, marine environmental protection, 
and the interdiction of drug traffickers and alien migrants. In 
addition, the agency carries out port security functions, 
cooperates closely with the other armed forces in military 
readiness activities, and has the lead responsibility for the 
coastal defense of the United States. In time of war and 
national emergency, the Coast Guard becomes an arm of the U.S. 
Navy.

        FY 1995 Budget and FY 1996 Administration Budget Request

  The Coast Guard budget for FY 1995 is $3.7 billion, an 
increase of $47 million or 1.3 percent over FY 1994 funding 
levels. The Administration budget proposal for FY 1996 calls 
for Coast Guard funding of $3.8 billion, about a 3.2 percent 
overall increase from the level appropriated in FY 1995. 
Authorized staffing levels for FY 1995 are 38,376 military and 
6,084 civilian positions. Staffing would be reduced slightly in 
FY 1996 to 37,452 military and 6,084 civilian positions. Coast 
Guard budget accounts are summarized below.
  Operating Expenses.--More than two-thirds of the total Coast 
Guard budget supports the operating expenses account, which 
funds activities to protect public safety and the marine 
environment, enforce laws and treaties, maintain aids to 
navigation, and preserve defense readiness. In FY 1995, 
$2,630.5 million was appropriated for this account, a net 
increase of $37 million over the FY 1994 appropriated level. 
The Administration has requested $2,618.3 million for this 
account in FY 1996, a net decrease of $12 million from the FY 
1995 appropriated level. The change reflects the supplemental 
appropriations for Haitian and Cuban migrant operations in FY 
1995; Administration-proposed decreases in FY 1996 totalling 
about $82 million for mandated reductions in operations and 
administrative costs, streamlined regulatory functions, and 
other savings; and increases for cost-of-living allowances and 
other built-in changes in FY 1996. The requested decreases call 
for the closure and consolidation of small boat stations 
reducing their total number from 185 to 162, a 3-ship reduction 
in the cutter fleet, and the laying up of 3 HU-25 (Falcon jet) 
aircraft. Of the total operating expenses, $25 million would be 
transferred from the Oil Spill Liability Trust Fund in each of 
FY 1995 and FY 1996.
  Acquisition, Construction, and Improvements.--AC&I funds are 
used to pay for major capital improvements, including vessel 
and aircraft acquisition and rehabilitation, information 
management, and construction programs at selected facilities. 
The Coast Guard received $327 million for the AC&I account in 
FY 1995, an increase of $15.5 million over the FY 1994 level. 
The Administration's AC&I request for FY 1996 is $428 million, 
an increase of $101 million over the appropriated level for the 
current fiscal year. The total includes $32.5 million to be 
transferred in each of FY 1995 and FY 1996 from the Oil Spill 
Liability Trust Fund. Major AC&I projects include: seagoing and 
coastal buoy tenders; vessel traffic services; motor lifeboats; 
coastal patrol boats; the icebreaker program; medium endurance 
cutter renovations; aircraft collision avoidance upgrades; and 
communications and computer software systems.
  Environmental Compliance and Restoration.--For environmental 
compliance and restoration, $21 million was appropriated for FY 
1995 and $25 million is requested for FY 1996. This account 
provides resources to bring current and former Coast Guard 
facilities into conformance with national environmental 
standards.
  Research, Development, Test, and Evaluation.--The Coast Guard 
budget includes $20.2 million in FY 1995 and requests $22.5 
million in FY 1996 for R&D. The R&D funds will be used to 
develop hardware, procedures, and systems that directly 
contribute to increasing the productivity of Coast Guard 
operating and regulatory programs.
  Retired Pay.--The Coast Guard received $563 million in FY 
1995 and requests $582 million in FY 1996 for retired pay, 
annuities and medical care for military retired personnel and 
former Lighthouse Service members, their dependents, and their 
survivors.
  Alteration of Bridges.--Under the Truman-Hobbs Act, the 
Federal government shares, with the states, the cost of 
altering railroad and publicly-owned highway bridges that 
obstruct the free movement of marine traffic. In FY 1994, $13 
million was appropriated directly to the Coast Guard for this 
purpose. However, the Administration has requested no funding 
for this account in FY 1995, initiating a new policy under 
which the Coast Guard no longer will seek direct funding for 
alteration of highway bridges. Instead, the Administration 
proposed that the $13 million Federal share of such projects in 
FY 1995 be financed from the discretionary bridge program funds 
of the Federal Highway Administration, under the continuing 
program direction of the Coast Guard. While the Coast Guard 
will continue to request direct funding for the alteration of 
railroad bridges, all the projects to be funded in FY 1995 are 
highway bridges. The Administration has requested $2 million 
for this account in FY 1996 for railroad bridge projects only. 
Other Issues
  Coast Guard Auxiliary.--The Coast Guard Auxiliary is a 36,000 
member volunteer organization that provides the Coast Guard 
with low-cost assistance in its boating safety mission. 
Authorizing language for the Auxiliary dates back to World War 
II, when the Auxiliary conducted anti-submarine patrols and 
served as a predecessor to the current Coast Guard Reserve. 
Auxiliary members place themselves and their privately owned 
vessels and aircraft at risk while conducting Coast Guard 
missions. The Coast Guard has requested changes in the 
Auxiliary's authorizing language to improve the management of 
the Auxiliary and provide protection for its members and their 
property.
  Recreational Boating Safety.--On April 13, 1993, the National 
Transportation Safety Board (NTSB) issued a study on 
recreational boating safety stating that ``recreational boating 
accidents currently result in the greatest number of 
transportation fatalities annually after highway accidents.'' 
In addition, an estimated 4,000 people are injured in boating 
accidents each year. Among the NTSB study recommendations was a 
requirement for life jackets for children.
  State Boating Safety Grant Program.--The FY 1995 Coast Guard 
budget request proposed to change the funding mechanism for 
state recreational boating safety grants, eliminating the 
discretionary appropriation of up to $35 million. The grants 
are not funded from general revenues, but rather from motorboat 
fuel tax revenues that are deposited in the Boat Safety Account 
of the Aquatic Resources Trust Fund (Wallop-Breaux Fund). The 
Wallop-Breaux Fund also supports state grant programs 
administered by the Department of the Interior (DOI). Unlike 
the DOI programs, however, the Coast Guard grant program is 
scored against agency operating expenses and competes directly 
with other Coast Guard missions for funding priority. The Coast 
Guard has indicated support for legislation to continue state 
boating safety grants if the budget scoring is patterned after 
DOI programs under the Wallop-Breaux Fund.
  Act to Prevent Pollution from Ships [APPS].--APPS is the 
domestic implementing legislation for the Protocol of 1978 
Relating to the International Convention for the Prevention of 
Pollution from Ships, 1973 [MARPOL], an international treaty to 
reduce pollution of the marine environment from ships. Annex V 
of MARPOL restricts the discharge of garbage from ships and 
bans at-sea disposal of plastic wastes. Environmental 
organizations and the Administration have supported changes to 
APPS and other marine pollution laws to strengthen requirements 
for dealing with the continuing problem of marine debris.
  Coast Guard Regulatory Reform.--U.S.-flag commercial vessel 
operators have expressed concern that the Coast Guard's 
construction and inspection standards for U.S.-flag vessels are 
more stringent than International Maritime Organization [IMO] 
standards, yet the Coast Guard considers foreign-flag vessels 
meeting IMO standards to be safe for entry into U.S. ports. The 
added cost of the higher U.S. standards places U.S.-flag vessel 
operators at a competitive disadvantage relative to their 
foreign-flag counterparts. The Coast Guard and the U.S.-flag 
commercial vessel industry have proposed several legislative 
changes to address this inequity.
  Law Enforcement Enhancements.--The Coast Guard is authorized 
to enforce or assist in the enforcement of all applicable 
Federal laws on, under, and over the high seas and waters 
subject to the jurisdiction of the United States. The Coast 
Guard has identified weaknesses in its authority to disrupt 
drug smuggling operations and sanction participants in those 
operations and has requested several legislative changes to 
address these issues.

                          Legislative History

  The Committee held a hearing on draft legislation to 
authorize Coast Guard programs and activities on March 15, 
1995. In addition to reviewing the Administration's budget 
priorities for the Coast Guard in the upcoming year, the 
hearing focused on specific concerns, including recreational 
boating safety, Coast Guard personnel issues, funding 
mechanisms for bridge alterations and state boating safety 
grants, alien migration, drug interdiction, and marine 
pollution prevention.
  S. 1004 was introduced on June 29, 1995, by Senator Stevens, 
with Senators Pressler, Hollings, and Kerry as cosponsors. On 
July 20, 1995, in an open executive session, the Committee, 
without objection, ordered S. 1004 reported with an amendment 
in the nature of a substitute.
  The bill, as reported, modifies and incorporates provisions 
from several legislative proposals, including: H.R. 1151, the 
Coast Guard Authorization Act for Fiscal Years 1996 and 1997, a 
bill transmitted by the Administration; H.R. 1361, the Coast 
Guard Authorization Act for Fiscal Year 1996, passed by the 
House of Representatives; S. 685, providing for the conveyance 
of certain Maine lighthouses; S. 1007, addressing the closure 
of Coast Guard small boat stations; and H.R. 1860, conveying 
the S/S Red Oak Victory. In addition, S. 1004 includes sections 
dealing with specific regional issues.

                      Summary of Major Provisions

  Authorization Levels.--S. 1004, as reported, would authorize 
Coast Guard appropriations of $3.7 billion annually in FY 1995 
and FY 1996 for the budget accounts covered by the bill. The 
authorization levels in the bill are consistent with the 
Administration budget request and would allow funding of 
highway bridges under the Coast Guard bridge program from the 
Federal Highway Administration discretionary bridge program.
  Personnel Management.--Other provisions of S. 1004, as 
reported, would: authorize FY 1995 and FY 1996 end-of-year 
personnel strengths and annual training levels; revise and 
update current laws to improve management of the Coast Guard 
Auxiliary; establish a program to provide child development 
services for Coast Guard personnel; address health care 
responsibilities; and enhance Coast Guard recruiting authority.
  Inspection and Enforcement.--S. 1004, as reported, would: 
amend the Coast Guard's current authority to assess and collect 
user fees for examining foreign passenger vessels; limit the 
level of fees the Coast Guard could collect from small 
passenger vessel inspections; increase penalties for violation 
of U.S. documentation laws, failure to report a marine 
casualty, and violating towing vessel manning requirements; 
require commercial fishing vessels on the Great Lakes to carry 
emergency positioning beacons; establish as a felony the 
knowing alteration of marine safety equipment that renders the 
equipment unserviceable; authorize sanctions for vessel 
operators ignoring Coast Guard orders to stop their vessels 
outside U.S. customs waters; establish penalties for non-
forcible acts of obstruction and providing false information 
during Coast Guard boardings; and authorize sanctions for 
failure to comply with a Federal law enforcement officer's 
order to land an aircraft suspected of smuggling.
  State Boating Safety Grants.--S. 1004, as reported, would 
amend the existing funding mechanism for the Boat Safety 
Account of the Wallop-Breaux Fund to ensure funding for state 
grants to promote recreational boating safety. The bill expands 
the existing boating safety grant program established by the 
Clean Vessel Act of 1992 and would make the budget scoring 
comparable to other state grant programs supported by the 
Wallop-Breaux Fund. The bill also would authorize state grants 
for constructing or renovating public facilities for transient 
nontrailerable vessels.
  Marine Safety.--The reported bill contains several provisions 
to address marine safety issues. Among such provisions, S. 
1004, as reported, would: require children age 6 and younger to 
wear personal flotation devices while on the deck of a small 
recreational vessel; call for plans to be developed to improve 
reporting of recreational boating accidents; provide for 
transition from the current LORAN-C electronic navigation 
system to the global positioning system; and require 
certification that closure or consolidation of Coast Guard 
small boat stations will not increase threats to public safety, 
environment or national security.
    Regulatory Reform.--S. 1004, as reported, would reduce the 
regulatory burden on U.S. commercial vessel operators by: 
shifting from U.S. specific standards to the International 
Safety Management Code; accepting third party inspections and 
model company inspections of U.S. vessels in lieu of Coast 
Guard inspections; allowing the use of foreign manufactured 
safety equipment that meets international standards if the 
source country reciprocates for U.S. equipment; easing 
inspection interval requirements; allowing the use of foreign 
classification societies to inspect U.S. vessels if the source 
country reciprocates for U.S. classification societies; and 
authorizing the use of alternate International Tonnage 
Convention (ITC) requirements for U.S. vessels to produce safer 
and more efficient vessels, stimulate U.S. shipbuilding, and 
improve U.S. vessel competitiveness in the world market.
    Pollution from Ships.--The reported bill would amend APPS 
to strengthen requirements that ports maintain reception 
facilities to offload plastic wastes generated by vessels at 
sea. The bill also would amend the Marine Plastic Pollution 
Research and Control Act to improve Congressional and public 
awareness of APPS compliance and violations; establish a Marine 
Debris Coordinating Committee; and expand the existing federal 
public outreach program. Finally, the bill would amend the 
coastal monitoring provisions of the Marine Protection, 
Research, and Sanctuaries Act to improve the availability and 
use of information collected under that Act for the purpose of 
dealing with plastic pollution prevention problems.
    Conveyances and Miscellaneous Provisions.--S. 1004, as 
reported, includes several provisions conveying certain Coast 
Guard properties and addressing specific regional issues.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and Section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 6, 1995.
Hon. Larry Pressler,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1004, 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,
                                         June E. O'Neill, Director.

               congressional budget office cost estimate

    1. Bill number: S. 1004
    2. Bill title: The Coast Guard Authorization Act of 1995.
    3. Bill status: As ordered reported by the Senate Committee 
on Commerce, Science, and Transportation on July 20, 1995.
    4. Bill purpose: Title I of S. 1004 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]. Title I also would 
authorize the appropriation of $582 million in 1996 for Coast 
Guard retirement benefits. Finally, this title would authorize 
1995 appropriations totaling about $3.1 billion for 
discretionary USCG activities and $563 million for retirement 
costs.
    Other provisions of S. 1004 would:
          Enable the Coast Guard to reduce fees it charges to 
        employees for child care services by authorizing the 
        use of appropriated funds for that purpose;
          Allow USCG officers who are not promoted to remain on 
        active duty until they retire;
          Increase civil and criminal penalties for violations 
        of various laws enforced by the USCG and other federal 
        agencies;
          Prohibit, delay, or impose restrictions on certain 
        planned cost-saving measures such as closures or 
        consolidations of USCG facilities;
          Increase the amounts transferred annually from the 
        sport fish restoration account of the Aquatic Resources 
        Trust Fund (ARTF) to the Coast Guard for state boat 
        safety programs;
          Create a new grant program within the sport fish 
        restoration account to provide public facilities for 
        large recreational boats;
          Expand the Coast Guard's authority to delegate to 
        nonfederal entities certain agency functions such as 
        inspecting and certifying vessels;
          Implement the Protocol of 1978 Relating to the 
        International Convention for the Prevention of 
        Pollution from Ships, 1973 [MARPOL];
          Enhance the authorities of the USCG and other 
        agencies that enforce certain federal statutes;
          Authorize conveyances and donations of various 
        federal properties administered by the Department of 
        Transportation, including a number of USCG lighthouses 
        and associated lands as well as a vessel and other 
        equipment from the National Defense Reserve Fleet 
        [NDRF];
          Make the removal of a drainage siphon adjacent to a 
        bridge in Louisiana eligible for federal funding under 
        the Truman-Hobbs Act;
          Amend the Oil Pollution Act of 1990 to provide new 
        mandatory spending authority for the Prince William 
        Sound Oil Spill Recovery Institute in Alaska;
          Authorize the USCG to charge fees for inspecting 
        foreign passenger vessels;
          Establish limits on inspection fees that may be 
        imposed on small passenger vessels and prohibit the 
        USCG from charging such fees on publicly owned ferries; 
        and
          Require various studies and make technical amendments 
        to statutes governing USCG regulatory programs, 
        administrative procedures, and other activities.
    5. Estimated cost to the Federal Government: The fiscal 
year 1996 authorizations specified in Title I for discretionary 
USCG programs represent an increase of about $149 million over 
the amount appropriated for fiscal year 1995. Also, beginning 
in 1996, other federal agencies would require new discretionary 
funds totaling between $1 million and $2 million annually to 
carry out titles V, VII, and VIII of the bill. Finally, several 
provisions of the bill would result in small changes to 
mandatory spending and federal revenues. The budgetary effects 
of the legislation are summarized in the following table.

----------------------------------------------------------------------------------------------------------------
                                                   1995       1996       1997       1998       1999       2000  
----------------------------------------------------------------------------------------------------------------
                                    SPENDING SUBJECT TO APPROPRIATIONS ACTION                                   
                                                                                                                
Spending under current law:                                                                                     
    Budget authority \1\......................      2,961         28  .........  .........  .........  .........
    Estimated outlays.........................      2,946        799        412         95         27         16
Proposed changes:                                                                                               
    Estimated authorization level.............  .........      3,084          2          2          1          1
    Estimated outlays.........................  .........      2,158        441        350         91         27
Spending under S. 1004:                                                                                         
    Authorization level \1\...................      2,961      3,112          2          2          1          1
    Estimated outlays.........................      2,946      2,957        853        445        118         43
                                                                                                                
                                         MANDATORY SPENDING AND RECEIPTS                                        
                                                                                                                
Direct spending:                                                                                                
    Estimated budget authority................  .........          3          3          3          3          3
    Estimated outlays.........................  .........          3          3          3          3          3
    Estimated revenues........................  .........      (\2\)      (\2\)      (\2\)      (\2\)      (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ The 1995 spending level is the amount actually appropriated for programs authorized by this bill, after     
  adjusting for enacted supplemental appropriations and rescissions. For comparison purposes, total 1995 funding
  has been 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 S. 1004. The $28 million in 1996 is the amount already authorized for             
  appropriations from the OSLTF for USCG operating expenses and research.                                       
\2\ Less than $500,000.                                                                                         

    The costs of this bill fall within budget functions 300 and 
400.
    Amounts provided in the bill for Coast Guard retirement are 
not included in the above table because such pay is an 
entitlement under current law, requiring no annual 
authorization of appropriations. In addition, no amounts are 
included in the table for the 1995 authorizations contained in 
Title I because CBO assumes that S. 1004 will not be enacted 
until after September 30, 1995, at which time such 
authorizations would expire.
    6. Basis of estimate: For purposes of this estimate, CBO 
assumes that S. 1004 will be enacted early in fiscal year 1996, 
and that the full amounts authorized for USCG programs or 
estimated to be necessary for other federal activities mandated 
by the bill will be appropriated for fiscal years 1996 through 
2000. Estimated outlays are based on historical spending 
patterns and on information provided by federal agencies.
    Authorizations of Appropriations. The estimated 
authorization for fiscal year 1996 consists of: (1) $3.082 
billion specified by Title I for discretionary USCG accounts 
(excluding the $28 million already authorized to be 
appropriated from the OSLTF for Coast Guard operations and 
research), and (2) about $2 million estimated to be necessary 
for other activities required by the bill.
    Several provisions of S. 1004 would increase the cost of 
carrying out ongoing programs funded under Title I. For 
example, sections 309 and 1109 of the bill could prevent or 
delay planned consolidations and closures of various Coast 
Guard offices, which the agency estimates would save about $6 
million annually.
    Also, assuming appropriation of the necessary sums, we 
estimate that section 1101 of the bill could increase the 
agency's cost of carrying out its bridge alteration program. 
Section 1101 would deem a drainage siphon on the Mississippi 
River in Louisiana to be a part of the Florida Avenue Bridge, 
adding about $8 million to the projected cost of removing the 
bridge under the Truman-Hobbs Act. Most of the additional 
expense would be borne by the federal government, when the 
bridge alteration projected is funded.
    Finally, implementing several titles of the bill would 
affect the budgets of other federal agencies, assuming 
appropriation of the necessary sums. These provisions include:
          Title V, which would create a new program within the 
        U.S. Fish and Wildlife Service [USFWS] to assist states 
        in providing public facilities for large recreational 
        vessels. Over the next two years, states could submit 
        to the USFWS surveys of public facilities available for 
        large vessels, along with a plan for constructing and/
        or removing such facilities. CBO estimates that the 
        costs for the USFWS to implement the new grant program, 
        including promulgation of guidelines for state surveys 
        and review of state plans, would be about $0.5 million 
        annually over the 1996-1998 period.
          Title VIII, which would implement MARPOL and extend 
        certain programs carried out by the Environmental 
        Protection Agency and the Department of Commerce to 
        provide information to the public on plastic pollution. 
        This title would authorize these agencies and the USCG 
        to provide financial assistance to eligible 
        participants in such programs. Based on information 
        provided by the affected agencies, CBO estimates that 
        the total cost of public outreach efforts, including 
        grants, would be about $1 million annually. Most of 
        this amount would fund activities of the National 
        Oceanic and Atmospheric Administration [NOAA].
          Title IX, which would require the Federal Aviation 
        Administration [FAA] to promulgate regulations to 
        govern how federal agencies would communicate with 
        private aircraft in the course of certain law 
        enforcement actions. Based on information obtained from 
        the FAA, we estimate that the cost of developing the 
        necessary regulations would be about $0.1 million 
        annually for 1996 and 1997.
    Direct Spending. Several provisions of S. 1004 would result 
in small changes in direct spending:
          Section 201 would allow the USCG to use appropriated 
        funds to provide child care to its employees. This 
        provision would reduce offsetting collections to the 
        agency's operating account, along with spending of 
        those offsetting collections, by $0.6 million to $1 
        million annually beginning in fiscal year 1996. The 
        resulting impact on direct spending would be 
        negligible.
          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 607 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 also would 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 between $100,000 and $200,000 a 
        year, probably beginning in 1997.
          Section 1010 would authorize the Maritime 
        Administration [MARAD] to convey the S/S RED OAK 
        Victory, a vessel in the NDRF, to a museum association 
        in California, subject to certain conditions. Pending 
        the transfer, MARAD would be required to retain the 
        vessel within the NDRF for two years. Under current 
        law, the RED OAK is slated to be sold for scrap within 
        the next few years. Proceeds from the sale--an 
        estimated $800,000--would be deposited as offsetting 
        collections in the vessel operations revolving fund and 
        used by MARAD without further appropriation to acquire 
        other ships needed by the U.S. Navy. Donation of the 
        vessel would reduce offsetting collections by about 
        $800,000. Because outlays (for new vessels) would fall 
        by a similar amount, the net effect on direct spending 
        would be negligible. However, the donation would reduce 
        the assets available to achieve the Navy's fleet 
        capacity goals. (If additional funds are appropriated 
        to compensate for the loss, discretionary outlays would 
        increase.)
          Section 1102 would result in new mandatory spending 
        of about $1 million annually from the OSLTF. This 
        section would make available without appropriation any 
        amounts earned on the investment of OSLTF balances that 
        were earmarked (but never appropriated) for the Prince 
        William Sound Oil Spill Recovery Institute. In each of 
        the next 10 fiscal years, interest earned on the $22.5 
        million originally authorized for the institute would 
        be provided to it for conducting research and other 
        activities.
          Section 1111 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 1112 would limit the amount of fees that the 
        USCG may charge for inspecting small passenger vessels. 
        This section also would prohibit the agency from 
        applying any inspection fees to public ferries. The 
        resulting loss of federal offsetting receipts would be 
        about $2.3 million a year.
    In addition, Title V would expand the allocation of funds 
from the sport fish restoration account for state boating 
programs. Specifically, section 501 would increase the amounts 
transferred to the USCG from this account each year and extend 
the authority for such transfers through 1999. For the purposes 
of funding the new boating access grants authorized by section 
502 of the bill, the current $10 million allocation for USFWS 
state boating grants also would be extended. The provisions of 
this title would have no impact on direct spending because 
amounts spend for these purposes would be offset by reductions 
in other spending from the sport fish restoration account.
    Revenues. Several provisions in the bill could affect 
governmental receipts by increasing civil penalties under 
various laws enforced by the USCG. CBO estimates that these 
changes would increase government receipts by less than 
$500,000 annually.
    The expansion of criminal penalties in section 310 also 
could cause receipts to increase, probably by less than 
$500,000 annually. Criminal fines would be deposited in the 
Crime Victims Fund and would be spent without further 
appropriation in the following year. Thus, over time any 
increase in federal revenues from criminal penalties would be 
offset by new direct spending.
    We estimate that other provisions of S. 1004 would not 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               3               3               3
Change in receipts..............................               0               0               0               0
----------------------------------------------------------------------------------------------------------------

    8. Estimated cost to State and local governments: Enactment 
of this legislation would have no impact on the budgets of 
state and local governments other than to change the allocation 
of boat safety grants among states.
    9. Estimate comparison: None.
    10. Previous CBO estimate: On May 1, 1995, CBO prepared a 
cost estimate for H.R. 1361, the Coast Guard Authorization Act 
of 1995, as ordered reported by the House Committee on 
Transportation and Infrastructure on April 5, 1995. The two 
bills contain identical 1996 authorization levels for USCG 
activities, but the House bill did not include any 
authorization for 1995. Differences in our estimates of 
authorizations and outlays for 1996 through 2000 for the two 
bills reflect the costs of additional activities required of 
other agencies under Titles V, VIII and IX of S. 1004.
    11. Estimate prepared by: Deborah Reis and Melissa Sampson 
and Stephanie Weiner.
    12. Estimate approved by: Robert A. Sunshine (for Paul N. 
Van de Water, Assistant Director for Budget Analysis).

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported.
    S. 1004, as reported, authorizes appropriations to continue 
existing Coast Guard programs and would make several changes to 
current law. While most sections of the reported bill would 
have minimal regulatory impact, the provisions of titles V, VI, 
VII, and IX will affect certain Coast Guard regulatory 
programs, as noted below.
    Title V of the legislation deals with recreational boating 
safety, mandating that children age six and under wear personal 
floatation devices while on the open deck of a recreational 
vessel less than 26 feet in length. Recreational boaters 
affected by these provisions may incur a modest cost if they 
are required to purchase life jackets for any young passengers 
or to take a boating safety course. This title would not affect 
paperwork requirements, nor personal privacy.
    Title VI would harmonize existing Coast Guard regulations 
with international standards, affecting commercial vessels, 
shipyards, vessel designers, shipboard equipment manufacturers 
and vendors, and waterfront facilities. This measure will help 
revitalize the U.S. merchant marine and allow the Coast Guard 
to target its limited marine safety resources on less safe 
foreign vessels. Regulations will describe procedures to 
establish safety management plans and delegate inspection 
responsibilities to recognized classification societies.
    The full economic impact of Title VI is unknown, but is 
likely to be small because businesses are expected to increase 
the scope and detail of their recordkeeping procedures 
voluntarily as part of a worldwide trend toward corporate 
quality-management systems and international certification.
    Title VII of the reported bill would make several changes 
to the Inland Navigation Rules to clarify ambiguities in the 
practical application of the rules. Title VII would also amend 
existing statutes that contain vessel tonnage thresholds to 
authorize the Secretary to establish alternate ITC tonnage 
thresholds. Some additional paperwork will be associated with 
implementing title VII. However, the Committee anticipates that 
such implementation will build on the existing regulatory 
framework, thereby minimizing paperwork increases. This title 
is not expected to have an impact on personal privacy.
    Finally, title IX of the reported bill would amend certain 
provisions of APPS implementing Annex V of MARPOL. The title 
would require operators of each port or terminal subject to 
MARPOL reception facility requirements to post placards 
identifying procedures for reporting Annex V-related problems. 
This requirement is expected to require a small, but 
significant investment by such operators.

                      Section-by-Section Analysis

Section 1.--Short title

    This section cites the short title of the bill as the 
``Coast Guard Authorization Act of 1995''.

Section 2.--Table of contents

    This section provides a table of contents of the provisions 
in the legislation.

                        TITLE I--AUTHORIZATIONS

Section 101.--Authorization of appropriations

    This section would authorize Coast Guard appropriations for 
FY 1995 and FY 1996. The following chart summarizes the FY 1995 
and the FY 1996 authorization levels proposed in subsections 
(a) and (b):

     PROPOSED LEVELS FOR PROGRAMS AUTHORIZED IN S. 1004 AS REPORTED     
                [By fiscal year, in millions of dollars]                
------------------------------------------------------------------------
                                                       1995       1996  
------------------------------------------------------------------------
Operating expenses................................    2,630.5    2,618.3
AC&I..............................................      439.2      428.2
R&D...............................................       20.3       22.5
Retired pay.......................................      562.6      582.0
Alteration of bridges.............................   \1\ 12.9   \1\ 16.2
Environmental compliance..........................       25.0       25.0
                                                   ---------------------
      Total.......................................    3,690.5   3,692.2 
------------------------------------------------------------------------
\1\ All of which in FY 1995 and $14.2 million of which in FY 1996 is to 
  be derived from the discretionary bridge program of the Federal       
  Highway Administration.                                               

    Subsection (c) of this section would amend section 104 of 
title 49, U.S. Code, by adding a new subsection. The provision 
would authorize transfer of funds in FY 1995 and FY 1996 from 
the discretionary bridge program of the Federal Highway 
Administration to the Coast Guard for alteration of highway 
bridges that are determined to be obstructions to navigation.

Section 102.--Authorized levels of military strength and training

    This section provides authorization for levels of military 
personnel strength and training for FY 1995 and FY 1996. 
Subsection (a) would authorize a Coast Guard end-of-fiscal-year 
strength for active duty military personnel of 39,000 as of 
September 30, 1995 and 38,400 as of September 30, 1996. These 
authorized strength levels would not include members of the 
Coast Guard Ready Reserve called to active duty for special or 
emergency augmentation of regular Coast Guard forces for 
periods of 180 days or less.
    Subsection (b) would authorize average military training 
student loads for FY 1995 and FY 1996 as follows:

------------------------------------------------------------------------
                                                        Student years   
                 Type of Training                  ---------------------
                                                       1995       1996  
------------------------------------------------------------------------
Recruit and special...............................      2,000      1,604
Flight............................................        133         85
Professional......................................        344        330
Officer acquisition...............................        955        874
------------------------------------------------------------------------

               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

Section 201.--Provision of child development services

    Section 201 of the reported bill would add a new section 
515 to title 14 of the U.S. Code, authorizing the Coast Guard 
to establish a program to provide child development services 
for members of the armed forces and Federal civilian employees. 
Studies show that employer-provided or assisted child care 
directly increases worker morale, productivity, recruitment, 
and retention. The most current data available from the Coast 
Guard indicates that, as of September 30, 1990, dependents of 
active duty personnel included 32,522 children. By contrast, 
only 652 children of active duty military personnel and 
civilian employees currently use Coast Guard day-care centers. 
An additional 450 children of active duty members use Coast 
Guard-provided in-home family child care services. New section 
515 would supplement current efforts by the Coast Guard to 
address the problem of obtaining quality child care services 
for personnel.
    Subsection (a) of new section 515 would provide authority 
for the Commandant to expend appropriated funds to make child 
development services available for members of the armed forces 
and Federal civilian employees. Subsection (b) of the new 
section would establish the following priorities for the use of 
parents' fees: (1) child care center employee compensation; (2) 
purchase of supplies for child care centers; and (3) other 
center expenses. Subsection (c) would require regular 
inspections of Coast Guard child care centers and establish 
minimum requirements for training child care center employees. 
Subsection (d) would authorize the use of Coast Guard operating 
expenses in an amount not to exceed annual child care receipts 
to support child care center operations. Subsection (e) would 
authorize the use of appropriated funds to provide assistance 
to home day-care providers so that home services can be 
provided to Coast Guard families at a cost comparable to the 
cost of services provided by Coast Guard child care centers. 
Subsection (f) would authorize the Secretary to promulgate 
regulations implementing new section 515. Finally, subsection 
(g) of new section 515 clarifies the term ``child development 
center'' used in this section.

Section 202.--Hurricane Andrew relief

    Section 202 of the reported bill provides for application 
of section 2856 of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484), to Coast Guard military 
personnel working at or in the vicinity of Homestead Air Force 
Base, Florida, whose home has become unsalable as a result of 
Hurricane Andrew. Coast Guard personnel currently are not 
covered by this law establishing eligibility of uniformed 
services personnel for compensation of losses due to Hurricane 
Andrew. Yet, the Coast Guard represented the second largest 
military contingent in south Florida before Hurricane Andrew, 
with 1,300 uniformed service members and civilian employees in 
the disaster area.
    With the passage of time, most members of the Coast Guard 
have found other means of relief. Consequently, section 202 of 
the reported bill would place a $25,000 limit on the total 
reimbursement costs authorized to the Coast Guard.

Section 203.--Dissemination of results of 0-6 continuation boards

  Section 203 of the reported bill amends section 289 of title 
14 of the U.S. Code, eliminating the requirement for 
dissemination to the service at large of the results of boards 
convened to recommend captains for continuation on active duty. 
Under current law, the Secretary is authorized, when necessary, 
to convene a board to recommend for continuation on active duty 
officers on the active duty promotion list serving in the grade 
of captain, who during the promotion year in which the board 
meets will complete at least three years service in that grade 
and who have not been selected for promotion to the grade of 
rear admiral (lower half). The Coast Guard has used this 
authority to keep the number of senior captains in line with 
billet requirements and maintain promotion flow. Unless retired 
under some other provision of law, each officer who is 
considered, but not recommended, for continuation is retired on 
June 30 of the promotion year in which the board results are 
approved, or the last day of the month in which the officer 
completes twenty years of active service, whichever is later.
  Given the small number of captains considered for 
continuation in any year, widespread dissemination of the names 
of those selected for continuation allows easy identification, 
by process of elimination, of those officers not selected. The 
Committee believes that no useful purpose is being served by 
this ``de facto'' dissemination of the names of officers not 
selected. The initiation of retirement orders and advertisement 
of impending billet vacancies are both accomplished through 
other means. In addition, the relatively small number of 
officers considered by captain continuation boards allows 
prompt, personal notification of all officers under 
consideration. Finally, the change proposed in this section is 
consistent with the personnel administration practices of the 
other armed services.

Section 204.--Exclude certain reserves from end-of-year strength

  Section 204 of the reported bill would add a new subsection 
(d) to section 712 of title 14, U.S. Code, excluding reservists 
called to active duty under section 712 from the calculation of 
authorized end-of-year military strength. Section 712 currently 
authorizes the Secretary to order to active duty (for not more 
than 30 days in any four-month period and for not more than 60 
days in any two-year period) a member of an organized training 
unit of the Coast Guard Ready Reserve for the emergency 
augmentation of regular Coast Guard forces during a time of 
serious natural or man-made disaster, accident, or catastrophe.
  In past years, Coast Guard authorization legislation provided 
authority on an annual basis, for excluding reservists called 
to active duty under section 712 from inclusion as part of the 
authorized end-of-year strength for active duty personnel. 
However, using the authorization bill as the vehicle for 
accomplishing the exclusion requires annual recertification.
  The general authority for calling armed service reservists to 
active duty for up to 180 days pursuant to a Presidential 
determination is contained in section 673b of title 10, U.S. 
Code. By contrast, that section contains a provision excluding 
reservists called to active duty under that authority from the 
computation of authorized strength of members on active duty. 
Section 712 of title 14, U.S. Code, is a permanent codification 
of a separate and distinct call-up authority for the Coast 
Guard. Thus, a parallel exclusion provision is necessary in 
that section.

Section 205.--Officer retention until retirement eligible

  Section 205 of the reported bill would add a new provision to 
section 283 of title 14, U.S. Code, addressing the retention in 
service of lieutenants that are not selected for promotion. 
Under current law, section 283 enables the Secretary to convene 
boards to consider for continuation on active duty of 
lieutenants who have twice failed selection for promotion and 
who would otherwise be separated from active duty. Selections 
for continuation are made on a competitive basis for a term of 
two to four years. Upon completion of the designated term, 
unless selected for promotion to lieutenant commander or 
further continuation, these officers are discharged with 
severance pay or retired if they have completed 20 years of 
service.
  There are currently 31 Coast Guard lieutenants on active duty 
under this section. Some of these officers will have served 
between 18 and 20 years of service by the end of their current 
continuation agreements. At present, the law requires discharge 
upon expiration of an agreement, unless an officer is 
retirement eligible or again continued by board action. Under 
similar circumstances, officers in other armed services and 
Coast Guard Reserve officers are retained by operation of law. 
This section of the reported bill would amend section 283(b), 
conforming it to similar statutory provisions for other 
military personnel and allowing retention of lieutenants who 
have attained 18 or more years of service until they are 
eligible for retirement.

Section 206.--Contracts for health care services

  This section amends title 14, U.S. Code, to add a new section 
644a authorizing the Commandant to enter into contracts for 
health care services. The new section would parallel the 
authority currently given to the Secretary of Defense under 
section 1091 of title 10, U.S. Code. As enacted in 1983, 
section 1091 extended to all military services the authority to 
contract (including personal services contracts) for health 
care providers, in order to address the problem of shortages of 
military medical personnel, especially in certain critical 
specialties. The provision was intended to provide contracting 
flexibility for obtaining health care services of individual 
civilian direct health care providers. Prior to 1983, there was 
no specific authorization for personal services contracts for 
such services.
  In 1993, section 1091 was amended to simplify contracting 
procedures and make military procurement of such medical 
services more competitive with the private sector. However, the 
amendment also restricted contracting authority to the 
Secretary of Defense, eliminating the specific statutory 
authorization of the Secretary of Transportation (Secretary) 
for health care contracts needed to provide nursing, dental 
hygiene, and other professional health care services to Coast 
Guard members and eligible beneficiaries.
  Section 206 of the reported bill would restore the Coast 
Guard's health care-related contracting authority in a new 
section of title 14, U.S. Code. Section 644a(a) would authorize 
the Commandant to enter into contracts for implementing 
existing statutory requirements to provide personnel with 
medical and dental care. Subsection (b) would limit individual 
compensation for such contracts to the levels allowable under 
the Department of Defense system. Administrative oversight is 
provided for in new subsections (c) and (d), under which the 
Secretary would establish procedures for personal services 
contracts and for determining whether such contracts may be 
exempted from competitive contracting requirements. The changes 
made by this section of the reported bill would take effect 
upon enactment of the bill, but contracts entered into prior to 
that date are validated.

Section 207.--Recruiting

  This section enhances the Coast Guard's ability to compete 
with Department of Defense armed forces in attracting adequate 
numbers of high quality young men and women to sustain its 
military workforce.
  Subsection (a) would amend the National Defense Authorization 
Act for Fiscal Year 1995 to extend to the Department of 
Transportation [DOT] a provision that currently denies funds to 
institutions of higher education that have a policy of denying 
recruiters from Department of Defense [DOD] armed forces access 
to their campuses or students, or denying access to directory 
information pertaining to students. As one of the five armed 
forces, the Coast Guard should be included in this provision. 
The Coast Guard conducts military recruiting activities for 
Officer Candidate and Direct Commission programs at various 
colleges and universities throughout the country. In addition, 
a number of Coast Guard personnel are enrolled in degree and 
postgraduate degree programs that are funded by the Coast Guard 
in various institutions.
  Subsection (b) would provide specific authority for the Coast 
Guard to use operating funds for entertainment expenses arising 
from recruiting activities in the Coast Guard's ``centers of 
influence'' [COI] program, modeled after the programs of the 
Navy, Marine Corps, and Air Force. COI refers to individuals 
within the civilian community who are in a position to 
influence the attitude of prospective recruits toward service. 
The COI program is designed to present positive information 
about the Coast Guard to advocacy organizations that influence 
career decisions of high school and college students.
  Under current appropriations law, the Coast Guard's spending 
on recruiting entertainment is limited to its share of 
reception and representational funds specifically appropriated 
for DOT. The Coast Guard cannot supplement these funds with 
other operating expense monies without specific authorization 
to do so, and DOT allocations of such funds are insufficient to 
address Coast Guard recruiting needs. The DOD armed forces are 
authorized under section 127 of title 10, U.S. Code, to use 
their appropriated funds for payment of ``extraordinary 
expenses'', including recruiting reception and representational 
activities.
  Subsection (c) would expand the Coast Guard's authority to 
enter into contracts with and make grants to public and private 
organizations and individuals for the purpose of meeting 
identified personnel resource requirements. The Coast Guard has 
requested this authority to establish a new type of recruiting 
program for college and university students, the purpose of 
which is to prepare them for acceptance into the Coast Guard 
Academy. Students who successfully qualify for the program 
would be offered a one-year or two-year scholarship that would 
pay for all or part of the tuition and related living expenses 
while at college or university. During this time, the students 
would be required to successfully complete coursework, and 
receive mentoring and other non-financial support, to prepare 
them for meeting Academy admission standards. Students failing 
to make adequate progress toward this goal would be 
discontinued from the program.
  Funding for programs authorized under subsections (b) and (c) 
are expected to come from current appropriations.

       TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT

Section 301.--Increased penalties for documentation violations

  This section would amend section 12122(a) of title 46, U.S. 
Code, increasing the maximum civil penalty for violation of 
documentation laws from $500 to $10,000. While the maximum 
penalty would be increased, procedures for assessing penalties 
would remain unchanged. Under those procedures, the Secretary 
would be required to consider the nature, circumstances, 
extent, and gravity of the acts committed, as well as the 
violator's degree of culpability, history of prior offenses, 
and ability to pay.
  Subsection (b) of this section amends section 12122(b) of 
title 46, U.S. Code, broadening the seizure and forfeiture 
authority within the penalty section. This subsection moves 
three existing authorities currently in section 12110(c) of 
title 46, U.S. Code, to section 12122(b). Consolidating these 
authorities in this section should clarify those violations of 
U.S. documentation laws for which seizure and forfeiture 
authority would be exercised.
  In addition, this subsection adds a new substantive basis for 
seizure and forfeiture when a vessel is placed under the 
command of a person not a citizen of the United States. The 
term ``under the command of'' is intended to have the same 
meaning as in section 12110(d) of title 46, U.S. Code. Command 
of a vessel would include, but not be limited to, complete 
authority and control over and responsibility for: all aspects 
of vessel navigation, stability, cargo loading, and 
communications; material condition of the vessel; health, 
welfare, safety, and training of the crew; fishing and fish 
processing activities; crew hiring, firing, discipline, and 
pay; maintenance, provisioning, and supplies; and compliance 
with all applicable U.S. laws and regulations. The changes are 
necessary to deal with a recurring problem with some large 
fishing vessels in the Pacific Northwest. Such vessels carry a 
noncitizen ``fish'' captain who in fact commands the vessel. A 
citizen ``paper'' captain is on board. However, the citizen 
captain is in a subordinate position to the noncitizen captain. 
The law presently provides only a $500 per day penalty and has 
no specific provision for seizure and forfeiture. Experience 
has shown that with high profits to be made, certain vessel 
operators have considered the penalty as merely a cost of doing 
business. The requirement for a U.S. citizen in command serves 
important safety interests. Having a noncitizen in charge could 
result in language difficulties, creating confusion for the 
crew which could jeopardize the vessel, other vessels, and the 
environment.
  Seizure and forfeiture authority often is essential to 
prevent the continuation of unlawful operations and is in 
addition to the civil penalty provisions. For this reason, 
procedures for the assessment of civil penalties, including 
hearings, would not be requisites for federal seizure and 
forfeiture action. Nor would these provisions affect the 
current law of seizure and forfeiture with regard to creditor 
rights.
  Section 301(c) and (d) would make technical and conforming 
changes to sections 12122(c) and 12110(d) of title 46, U.S. 
Code.

Section 302.--Clerical amendment

  This section is a technical amendment to chapter 121 of title 
46, U.S. Code, eliminating one of the two versions of section 
12123 currently in law.

Section 303.--Maritime drug and alcohol testing program civil penalty

  As part of the DOT's overall drug and alcohol testing 
program, the Coast Guard has implemented regulations to govern 
drug 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 
303 of this bill amends chapter 21 of title 46, U.S. 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. The intent of this provision is to give the Coast 
Guard the flexibility to impose a penalty, when appropriate, 
for failing to implement a drug testing program or for another 
violation of the Coast Guard drug testing regulations.

Section 304.--Renewal of advisory groups

  This section extends and coordinates the termination dates 
for five advisory groups that provide the Coast Guard expert 
advice and other valuable assistance concerning matters related 
to their specific function.
  Subsection (a) amends section 5(d) of the Inland Navigational 
Rules Act of 1980 (33 U.S.C. 2073) to extend the termination 
date for the Navigation Safety Advisory Council (NAVSAC) to 
September 30, 2000. Formerly named the Rules of the Road 
Advisory Council, NAVSAC 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 NAVSAC. 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.
  Subsection (b) amends subsection (e)(1) of section 4508 of 
title 46, U.S. Code, to extend the termination date of the 
Commercial Fishing Industry Vessel Advisory Committee to 
September 30, 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.
  Subsection (c) amends subsection (e) of the Act to Establish 
A Towing Vessel Safety Advisory Committee in the Department of 
Transportation (33 U.S.C. 1231a(e)) to extend the termination 
date of the Towing Safety Advisory Committee to September 30, 
2000.
  Subsection (d) amends The Coast Guard Authorization Act of 
1991 (Public Law 102-241, 105 Stat. 2208-2235) to extend the 
termination date for the Houston-Galveston Navigation Safety 
Advisory Committee to September 30, 2000.
  Subsection (e) amends The Coast Guard Authorization Act of 
1991 (Public Law 102-241, 105 Stat. 2208-2235) to extend the 
termination date for the Lower Mississippi River Waterway 
Advisory Committee to September 30, 2000.

Section 305.--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, U.S. Code, to allow the public to file 
electronically a bill of sale, conveyance, mortgage, 
assignment, or related instrument with the Coast Guard. Under 
the amendments made by this section, the original instrument 
must be provided to the Secretary within 10 days after the 
electronic transfer.

Section 306.--Civil penalties

  On September 22, 1993, the Amtrak Sunset Limited was derailed 
in Mobile, Alabama, killing 47 people after a towing vessel 
struck a railroad bridge. Following an investigation of this 
tragedy, the Secretary 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, U.S. 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, U.S. 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, U.S. 
Code, regarding small vessel operator licensing requirements, 
from $1,000 to not more than $25,000. The Committee believes 
that these increased penalties will encourage compliance with 
Coast Guard casualty reporting requirements and licensing 
requirements for towing vessels and other vessels.

Section 307.--Amendment to require EPIRBS on the Great Lakes

  Section 307 amends section 4502(a)(7) of title 46, U.S. Code, 
broadening the requirement that uninspected commercial fishing 
vessels carry emergency position-indicating radio beacons to 
include those vessels operating more than three miles from the 
coastline of the Great Lakes.

Section 308.--Report on LORAN-C requirements

  The United States has always operated radionavigation 
systems, which includes the LORAN-C system, as a necessary 
element to enable safe transportation and encourage commerce. 
Importantly, the need to provide cost-effective services to 
meet civil requirements is an important goal outlined in 
policies covered in the Federal Radionavigation Plan. In recent 
years there has been heightened interest in satellite 
technology and consideration is being given to the phase out of 
various existing radionavigation systems.
  The Committee has heard from every segment of the LORAN-C 
user community, including marine, aviation, surface 
transportation, and telecommunications users, in conjunction 
with consideration of the Coast Guard authorization 
legislation. There is a strong consensus, even among users that 
are proponents of satellite technology, that it makes sense to 
continue support and funding for LORAN-C well into the next 
century consistent with long-standing objectives for system 
safety and efficiency. The LORAN-C system, which is very 
compatible with satellite technology, is established, 
operationally proven, reliable, and cost-effective. Moreover, 
there are currently more than 1.3 million users of the 
technology, and system infrastructure operations and 
maintenance costs total about $17 million annually.
  In view of the positive benefits versus costs associated with 
LORAN-C and the substantial enhancement it provides to user 
safety, the federal government and radionavigation systems 
users are well-served by taking full advantage of the 
compatibility of LORAN-C and satellite technology. As a result, 
section 308 would require DOT, in consultation with users, to 
provide a plan defining the future use of and funding for 
operations, maintenance, and upgrades for the LORAN-C system. 
The reported bill requires DOT to provide its plan within six 
months of enactment and it should include recommendations and 
suggested actions to assure that the federal government and 
users can continue to get the maximum benefit from investment 
in LORAN-C and its infrastructure well into the next century.

Section 309.--Restrictions on closure of small boat stations

  In its FY 1996 budget request, the Coast Guard included a 
proposal to close 23 small boat units and realign numerous 
others in order to level the workload among small boat units 
and save $6 million in annual operating expenses. This proposal 
has raised safety concerns from boaters and commercial 
fishermen in several locations affected by this proposal. This 
section would require the Secretary to certify that such action 
will not result in degradation of services that would cause 
significant increased threat to life, property, environment, 
public safety, or national security, and provide for a period 
of public review of this certification.

Section 310.--Penalties for alteration of marine safety equipment

  Section 310 would broaden section 3318 of title 46 of the 
U.S. Code to classify as a felony the knowing alteration of 
lifesaving, fire fighting, and other marine safety equipment, 
if the alteration results in equipment that is insufficient to 
accomplish the purpose for which it is intended. Under existing 
law, the manufacture and sale of known defective marine safety 
equipment is a class D felony. After manufacture and sale, 
certain types of safety equipment such as inflatable liferafts 
and fire extinguishing equipment must be routinely inspected 
and serviced ashore. Such servicing may be as critical to 
safety as the manufacture and sale of the original equipment. 
However, since servicing is neither manufacturing nor sale, the 
persons responsible for defective alteration of marine safety 
equipment cannot be prosecuted. This section would close that 
loophole.

Section 311.--Prohibition on overhaul, repair, and maintenance of Coast 
        Guard vessels in foreign shipyards

  The sections amends chapter 5 of title 14, U.S. Code, to 
require that all non-emergency repairs of Coast Guard vessels 
be conducted in shipyards located in the United States. This 
provision is similar to current restrictions on the repair of 
U.S. Navy vessels.

                    TITLE IV--COAST GUARD AUXILIARY

Section 401.--Administration of the Coast Guard Auxiliary

  Section 401 of this bill amends section 821 of title 14, U.S. 
Code, to: establish an organizational structure for the Coast 
Guard Auxiliary; designate the Auxiliary as an 
``instrumentality of the United States'' for the purposes of 
applying certain federal laws; and authorize the Auxiliary to 
incorporate. The sole function of the Auxiliary is to support 
the operations and activities of the Coast Guard. Members of 
the Coast Guard Auxiliary 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 is optimistic that 
the additional protection provided to Auxiliary members by this 
section will attract more individuals to join this vital 
organization.
  As amended by this bill, section 821(b) would confer 
instrumentality status on the Coast Guard Auxiliary with 
respect to the acts or omissions of Auxiliary members 
performing a Coast Guard function or operation authorized by 
the Commandant of the Coast Guard, under section 822 of title 
14, U.S. 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.
  As amended by the reported bill, section 821(c) would 
authorize 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 would be formed 
under this section only for the purpose of holding property for 
Auxiliary use. Corporations formed under this authority would 
not be considered instrumentalities of the United States.

Section 402.--Purpose of the Coast Guard Auxiliary

  Section 402 amends section 822 of title 14, U.S. Code, 
providing 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 403.--Members of the Auxiliary; status

  Section 403 of the reported bill adds a new section 823a to 
title 14, U.S. Code, clarifying the status of individual 
members of the Coast Guard Auxiliary and affording 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 new section 823a, 
Auxiliary members would be considered Federal employees for 
limited purposes, and 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 404.--Assignment and performance of duties

    In the past, a distinction was made between ``specific 
duties'' and ``non-specific duties''. This distinction is no 
longer made. This section of the reported bill would delete the 
antiquated term ``specific duties'', which has resulted in 
considerable legal and policy interpretation that no longer 
applies, from sections 830, 831, and 832 of title 14, U.S. 
Code. This change would also provide for consistency of the 
term ``authorized duty'' throughout chapter 23 of title 14, 
U.S. Code, and would be in keeping with the multi-mission 
concept for the Coast Guard Auxiliary: the Auxiliary is 
authorized to perform any duty assigned by competent Coast 
Guard authority.

Section 405.--Cooperation with other agencies, states, territories, and 
        political subdivisions

    This section amends section 141 of title 14, U.S. Code, to 
allow 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 406.--Vessel deemed public vessel

    Section 406 of this bill amends section 827 of title 14, 
U.S. Code, clarifying 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, U.S. Code, and 
other applicable provisions of law, for purposes of resolving 
third-party claims for damage.

Section 407.--Aircraft deemed public aircraft

    This section amends section 828 of title 14, U.S. Code, to 
clarify 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 408.--Disposal of certain material

    Section 408 amends section 641(a) of title 14, U.S. Code, 
to allow the Auxiliary to acquire directly obsolete or other 
material that is not needed by the Coast Guard, directly in 
those states where unincorporated associations may do so, or 
indirectly through a corporation formed for purposes of 
acquiring, owning, and disposing of property.

            TITLE V--RECREATIONAL BOATING SAFETY IMPROVEMENT

Section 501.--State recreational boating safety grants

    This section amends the current law to ensure funding for 
state recreational boating safety programs from the Wallop-
Breaux Fund. At present, there are two statutory mechanisms for 
funding these state programs: (1) section 13106 of title 46, 
U.S. Code, authorizes up to $35 million annually to be 
appropriated from the Boat Safety Account (one-half the total 
transferred to the account); and (2) the Clean Vessel Act of 
1992 amends section 777c of title 16, U.S. Code, to provide 
$7.5 million in FY 1995, $10 million in FY 1996 and FY 1997, 
and $20 million in FY 1998 as part of the Wallop-Breaux Fund 
permanent appropriation.
    The two funding mechanisms have very different budgetary 
scoring implications. Funds appropriated from the Boat Safety 
Account are scored as Coast Guard operating expenses and thus 
compete directly with other Coast Guard activities for funding 
priority. By contrast, funds provided under the Clean Vessel 
Act are not counted as part of the Coast Guard budget. Despite 
the difference in scoring, however, the two funding mechanisms 
are linked within the Wallop-Breaux Fund. If funds are not 
appropriated from the Boat Safety Account in a given year, an 
amount equivalent to the unappropriated balance ``rolls over'' 
within the Wallop-Breaux Fund and is appropriated the following 
year under the permanent appropriation.
    Section 501 of the reported bill would maintain the 
authorization of appropriations from the Boat Safety Account 
for state recreational boating safety programs. If no funds are 
appropriated, however, this section would ensure that a portion 
of the motorboat fuel taxes that have been paid by boaters will 
still be made available to the states to pay for boating safety 
programs. This is in keeping with the trust fund concept of 
``user pays-user benefits.'' In addition, section 501 would 
provide the continuity in funding that is necessary for states 
to develop long-range plans to address many issues of concern 
to the boating community.
    Section 501(a) would expand the mechanism established in 
the Clean Vessel Act, amending section 777c(b) of title 16, 
U.S. Code, and increasing the Wallop-Breaux Fund transfer for 
state boating programs to $15 million for FY 1995, $40 million 
for FY 1996, $55 million for FY 1997, and $69 million in FY 
1998 and FY 1999. This subsection of the reported bill also 
provides that the monies so transferred would be reduced by an 
amount equal to any annual appropriation from the Boat Safety 
Account for state programs, and makes conforming amendments to 
the Clean Vessel Act of 1992.
    Section 501(b) amends section 13106(a) of title 46, U.S. 
Code, to ensure that allocation of funds to the states reflects 
both amounts appropriated from the Boat Safety Account and 
funds transferred from the Wallop-Breaux Fund. This subsection 
of the reported bill also amends subsection 13106(c) of title 
46, U.S. Code, to eliminate the authorized use of funds 
transferred from the Boat Safety Account to reimburse the Coast 
Guard for operating expenses related to boating safety.
    Section 501(c) provides that, for FY 1996 only, $20 million 
of the amount transferred directly from the Wallop-Breaux Fund 
is excluded from deductions to fund coastal wetlands 
restoration projects. The Committee anticipates that $20 
million of motorboat fuel tax receipts will not be appropriated 
from the Boat Safety Account for FY 1995 and will roll over 
from the Boat Safety Account within the Wallop-Breaux Fund. 
This subsection of the reported bill will ensure that the full 
$20 million is available for state recreational boating safety 
programs in FY 1996, rather than having a portion redistributed 
to grant programs funded by other accounts of the Wallop-Breaux 
Fund.

Section 502.--Boating access

  Section 502 would establish a new state grant program in FY 
1998 and FY 1999 for constructing or renovating public boating 
facilities for transient recreational vessels longer than 26 
feet. Subsection (a) states the findings of Congress that: (1) 
while such nontrailerable vessels are few in number, they 
contribute substantially to the gasoline taxes deposited in the 
Wallop-Breaux Fund; (2) most boating access facilities 
constructed with Wallop-Breaux Fund monies benefit smaller 
vessels; and (3) more funding should be spent on access 
facilities for nontrailerable vessels.
  Subsection (b) provides that the purpose of the section is to 
provide funds for states for the development of public 
facilities for transient nontrailerable vessels.
  Subsection (c) authorizes states to complete and submit to 
the Secretary of the Interior within 18 months, a survey which 
identifies: (1) existing public facilities for transient 
nontrailerable vessels; and (2) locations where nontrailerable 
vessels operate in state waters. Such a survey is essential for 
assessing the availability of public facilities within a state 
to nontrailerable vessels which operate in the waters of that 
state.
  Subsection (d) provides that within six months of submitting 
a survey under subsection (c), a state may develop and submit 
to the Secretary of the Interior a plan for the construction 
and renovation of adequate public facilities to meet the needs 
of nontrailerable vessels operating in state waters. Such plans 
would be based on the survey completed under subsection (c).
  Subsection (e) authorizes the Secretary of the Interior to 
obligate at least $5 million of the funds available for this 
purpose from the Wallop-Breaux Fund (16 U.S.C. 777c(b)(1)(C)) 
for making grants to any states to pay up to 75 percent of the 
cost of constructing or renovating public facilities for 
transient nontrailerable vessels. In awarding grants, the 
Secretary of the Interior may make a grant to any state. 
However, priority would be given to projects that: (1) are 
likely to serve the largest number of nontrailerable vessels; 
and (2) are identified in a state plan submitted under 
subsection (d).
  Subsection (f) would define several terms used in section 302 
of the reported bill. The term ``nontrailerable vessel'' means 
a recreational vessel greater than 26 feet in length. The term 
``public facilities for nontrailerable vessels'' means mooring 
buoys, public docks available for use on a daily basis, 
seasonal slips or similar structures that are available to the 
general public on a temporary basis. Other defined terms 
include ``Act of August 9, 1950'', ``recreational vessel'', and 
``state''.

Section 503.--Personal flotation devices required for children

  Section 503(a) of the reported bill adds a new paragraph to 
section 4307(a) of title 46, U.S. Code, which makes it illegal 
to operate a recreational vessel under 26 feet in length unless 
each child six years of age or younger wears a Coast Guard-
approved personal floatation device when the child is on an 
open deck. The Committee is very aware that many states 
currently have their own laws concerning this issue with 
varying age requirements. Subsection (b) of this section adds a 
new subsection to section 4307 to clarify that the Federal 
requirement for young children to wear life jackets is not 
intended to limit state authority to establish more stringent 
safety requirements for the wearing of personal floatation 
devices on recreational vessels. Section 503(c) amends section 
4311 of title 46, U.S. Code, to establish a maximum penalty of 
$100 for violation of the children's life jacket requirement.

Section 504.--Marine casualty reporting

  Section 504(a) requires the Coast Guard to submit a plan to 
Congress to increase reporting of vessel accidents to 
appropriate state law enforcement officials. The lack of 
reliable information on boating accidents is a problem in 
evaluating the effectiveness of existing boating safety laws 
and regulations and in assessing proposals for changes to 
improve effectiveness. In developing a plan under this 
subsection, the Secretary should consider and evaluate existing 
systems that collect recreational boating safety accident 
information. The Committee also anticipates that the plan will 
identify actions which should be taken to use and maintain 
accident data collection systems that would assist in improving 
boating safety.
  Subsection (b) amends section 6103(a) of title 46, U.S. Code, 
to establish a $1,000 civil penalty for an owner, charterer, 
operator, agent, master, or individual in charge of a vessel 
who has failed to submit a marine casualty report to state 
authorities as required under existing federal law.

                TITLE VI--COAST GUARD REGULATORY REFORM

Section 601.--Short title

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

Section 602.--Safety management

  Section 602 adds a new chapter 32 to title 46, U.S. Code, to 
authorize the Secretary 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 U.S. 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 current U.S. law. SOLAS, including the ISM Code, 
augments safety and pollution prevention measures already 
enacted in the United States.
  New section 3201 provides definitions for the chapter. New 
section 3202(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. Code), and to a tanker, bulk freight vessel, or high speed 
freight vessel, of at least 500 gross tons, as measured under 
chapter 143 of title 46, U.S. Code. The term ``freight vessel'' 
is already defined in section 2101 of title 46, U.S. Code. A 
``bulk freight vessel'' is a freight vessel transporting 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 upon request to the 
Secretary by the owner, charterer, or managing operator of the 
vessel. A vessel may not be covered by the ISM Code in two 
ways: (1) the effective dates in the ISM Code for a particular 
type of vessel may not have been reached; or (2) it may be a 
vessel, such as a vessel in domestic 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. Most of these vessel types are defined in section 2101 
of title 46, U.S. 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 to which SOLAS applies must be 
consistent with the ISM Code. 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 
not more than $5,000.
  Section 602(c) requires the Secretary to submit to Congress a 
study on the implementation of the ISM Code 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, U.S. Code.

Section 603.--Use of reports, documents, records, and examinations of 
        other persons

  Section 603 adds a new section 3103 to title 46, U.S. 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, U.S. 
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. The intent of this section is 
to offer the possibility of greater efficiency for shipyards 
and vessel owners making it possible for the Secretary to 
target the government's limited 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 Committee expects the Secretary 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, U.S. 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.
  The Committee notes that 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 603(c) amends section 3308 of title 46, U.S. 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.
  The Committee is encouraged by the Coast Guard's efforts to 
establish alternatives to Coast Guard inspections of U.S. 
documented vessels. The Committee expects the Coast Guard to 
restructure its vessel inspection user fees for participants in 
these alternative inspection programs to account for the lower 
Coast Guard cost of these programs as compared to Coast Guard 
inspection. This user fee adjustment is authorized by section 
46(a)(3) of title 46, U.S. Code.

Section 604.--Equipment approval

  Section 604 amends section 3306 of title 46, U.S. Code, 
concerning vessel inspection regulations and equipment and 
material approvals. Subsection (a) amends section 3306(b) of 
Title 46, U.S. Code. As amended, section 3306(b) 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 title 46, U.S. 
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.
  The Committee directs the Secretary, when deciding whether to 
accept these approvals, 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 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 
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 Committee encourages the Secretary to 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 Coast 
Guard approvals. Equipment and material accepted under this 
subsection may not be used on public vessels.
  Section 604(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 IMO to develop standards 
that result in mutual acceptance of maritime equipment and 
material.

Section 605.--Frequency of inspection

    Section 605 amends section 3307(1) of title 46, U.S. Code, 
to clarify its purpose and to change the period of validity for 
certificates of inspection for U.S. documented vessels 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.
    This section would require small passenger vessels carrying 
more than 12 passengers and engaged on foreign voyages to be 
inspected annually (along with passenger vessels and nautical 
schools vessels that must be inspected annually under existing 
law). This section also amends section 3307(2) of title 46, 
U.S. Code, 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, U.S. Code, to 
change the duration of a valid certificate of inspection for 
tank vessels from 24 months to five years.
    The Committee does not anticipate 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 
separate regulatory requirements established under other 
provisions of law.

Section 606.--Certificate of inspection

    Section 606 eliminates the restriction in section 3309(c) 
of title 46, U.S. Code, prohibiting a vessel owner from 
scheduling a vessel inspection 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 607.--Delegation of authority of secretary to classification 
        societies

    Section 607 amends section 3316 of title 46, U.S. 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.
    As amended, section 3316(b) would allow 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. This subsection also would restrict the 
Secretary's authority to make this delegation to foreign 
classification societies in correspondence with 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.
    As amended, section 3316 would allow the Secretary to 
delegate the authority to inspect and provide related services 
on a reciprocal basis to foreign classification societies. 
However, the Committee encourages the Secretary to exercise 
discretion in determining 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.

             TITLE VII. TECHNICAL AND CONFORMING AMENDMENTS

Section 701. Amendment of inland navigation rules

    One of the responsibilities of NAVSAC is to review the 
Inland Navigational Rules [Inland Rules] for clarity and for 
conformity with the International Regulations for Preventing 
Collisions at Sea [COLREGS]. In recent months, NAVSAC has 
recommended several changes to the Inland Rules to clarify 
ambiguities in the practical application of the Inland Rules, 
as well as to bring them into closer conformity with the 
COLREGS. The Coast Guard has concurred with the NAVSAC 
recommendations. Section 701 of the reported bill would amend 
section 2 of the Inland Navigational Rules Act of 1980 (33 
U.S.C. 2001 et seq.) to implement these NAVSAC-recommended 
changes to six of the Inland Rules.
    First, this section would amend Inland Rule 9(e)(i) which 
prescribes procedures for vessels overtaking one another in 
narrow channels. The 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 
COLREGS. Under the current Inland Rule 9(e)(i), a vessel 
intending to overtake another vessel sounds the appropriate 
sound signal, and the overtaken vessel, if in agreement, sounds 
the same signal. The overtaking vessel must take steps to 
permit safe passing and keep clear of the overtaken vessel 
until finally passed and clear. The overtaken 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 change to Inland Rule 9(e)(i) proposed by this section 
would provide that, if a vessel agrees to be overtaken by sound 
signals alone, the vessel must maintain course and speed and 
may assist in the overtaking only if the specific maneuver is 
agreed to by radio or other communication. By only allowing 
maneuvers to which there is specific agreement, this change 
should help prevent unexpected maneuvers by the overtaken 
vessel which could cause an accident.
    In addition, the change to Inland Rule 9(e)(i) would 
resolve an ambiguity with Inland Rule 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, the 
operator of a power-driven vessel cannot reach an agreement 
with the operator of such a vessel. 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.
    Second, this section would amend Inland Rule 15(b) which 
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. 
The 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, 
the amendment would resolve a direct conflict between this rule 
and Inland Rule 18(a) which 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. 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).
    Third, this section would amend Inland Rule 23(a) which 
prescribes the lights that must be exhibited by a power-driven 
vessel underway by removing a technical specification for 
masthead light placement. The amendment would conform the 
language of Inland Rule 23(a) with a change in the COLREGS 
which becomes effective on November 5, 1995. The change 
reflects the practical difficulty on smaller vessel designs of 
meeting the current requirement to mount the masthead light 
forward of amidships, and recognizes problems with light 
backscatter interfering with an operator's night vision on 
smaller vessels.
    Fourth, section 701 of the reported bill would amend Inland 
Rule 24(f) governing lighting of one or more vessels being 
towed alongside or being pushed in a group. The proposed 
amendment would require a special flashing light to be carried 
on vessels being towed alongside to alert recreational boaters 
and commercial operators in the same manner as Inland Rule 
24(f)(i) has always required for vessels being pushed ahead. 
The flashing 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.
    The Committee understands that NAVSAC considered several 
factors in deciding that extending the use of a flashing light 
to vessels being towed alongside would increase navigation 
safety: (1) the increase in recreational boating and the 
problems recreational boaters often have in identifying tows at 
night; (2) the use of unconventional towing arrangements, such 
as making up tow barges in a ``V'' with the towing vessel in 
the middle or by towing vessels moving large barges; and (3) 
the need to mark the forward-most outboard extremities of the 
tow with sidelights when multiple vessels are being towed 
alongside.
    Fifth, this section would amend Inland Rule 26 which 
provides lighting and dayshape requirements for fishing vessels 
by removing the reference to a basket as an authorized dayshape 
for vessels less than 20 meters in length engaged in fishing, 
as well as vessels engaged in trawling. Baskets are no longer a 
common piece of equipment aboard fishing vessels, and where 
carried, often have a different shape from the earlier 
wickerwork baskets. This section would also amend Inland Rule 
26 to make mandatory special visual signals described in Annex 
II of the Inland Rules for vessels engaged in fishing in close 
proximity. The proposed amendments to Inland Rules 26 mirror 
amendments to the COLREGS that will become effective November 
5, 1995. The COLREGS amendments were based on Food and 
Agriculture Organization recommendations to improve fishing 
vessel safety and standardize marking and lighting of the 
world's fishing fleets.
    Finally, section 701 would amend Inland Rule 34(h) which 
currently provides that vessels may make passing arrangements 
using bridge-to-bridge radiotelephone, in lieu of the sound 
signals prescribed in Inland Rule 34. 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 
the radio channels prescribed by the Vessel Bridge-to-Bridge 
Radiotelephone Act (33 U.S.C. 1201) and implementing 
regulations. The amended rule would also allow mariners 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 
would allow vessels to make valid passing agreements with these 
systems. This amendment also clarifies the rule by replacing 
the word ``meeting'' with the word ``head-on'', to more 
correctly describe a passing situation in accordance with 
Inland Rule 14.

Sections 702-744.--Establishment of alternate convention tonnage

    Sections 702-744 of this bill authorize the Secretary to 
prescribe ITC tonnages as an alternative to existing regulatory 
tonnages for statutes that contain vessel tonnage thresholds. 
Tonnage thresholds in existing statutes are based on the 
regulatory measurement system under chapter 145 of title 46, 
U.S. Code, which allows vessel designers to use tonnage 
reduction techniques to artificially lower the official tonnage 
of a vessel. Since the ITC measurement system, implemented 
under chapter 143 of title 46, U.S. Code, became mandatory for 
new U.S.-flag vessels on July 18, 1984, statutory tonnage 
limits have not been revised to accommodate the higher tonnages 
that often result when a vessel is measured under the ITC 
system. The availability of alternate ITC tonnages prescribed 
by the Secretary will encourage vessel designers and operators 
to use the ITC measurement system in meeting statutory and 
regulatory requirements, and will provide the maritime industry 
the flexibility to build and operate vessels that do not employ 
tonnage reduction techniques, resulting in safer, more 
efficient, and more competitive vessels. Alternate tonnages 
should also enable U.S. vessel designers and operators to be 
competitive in the international market by permitting the 
design of U.S. vessels using international standards, i.e., in 
accordance with IMO Guidelines for the Design and Construction 
of Vessels [OSV's].
    Sections 702 through 744 authorize the Secretary to 
establish alternate ITC tonnage thresholds for the purposes of 
each of the statutes amended. Under the amendments made by 
these sections, vessel owners retain their option to choose 
either the ITC system or the regulatory system for the purposes 
of domestic requirements established prior to July 18, 1994. 
The Committee expects that in the future many owners will elect 
to use the ITC measurement option, leading ultimately to the 
demise of the antiquated regulatory measurement system. 
Nevertheless, the amendments made by sections 702-744 do not 
affect the option of an ``existing vessel'', as defined in 
section 14101(2) of title 46, U.S. Code, to retain its 
regulatory tonnage measurement as provided in section 14301(d) 
of that title.
    Until the Secretary prescribes an alternate tonnage by 
regulation, the current statutory tonnage would apply to 
vessels measured under either the regulatory or the ITC tonnage 
measurement systems. However, the Committee recognizes that the 
time normally required to develop and prescribe alternate 
tonnages by regulation may result in delays that would force 
U.S. vessel operators, in the interim, to use the antiquated 
regulatory tonnage measurement system. The Committee therefore 
encourages the Coast Guard to prescribe alternate tonnages 
expeditiously. Therefore, the Committee intends that the Coast 
Guard explore alternatives to the public notice and comment 
requirements of the Administrative Procedures Act (5 U.S. Code 
533 et seq.) for the purpose of prescribing interim alternate 
tonnnages.
    Finally, sections 702-744 authorize the Secretary to 
prescribe an alternate regulatory tonnage based on the ITC 
measurement system, for the purposes of statutes which became 
effective after July 18, 1994, that mandatorily apply the ITC 
tonnage measurement system. Alternate regulatory tonnages must 
be prescribed to allow vessels, including those existing 
vessels entitled to use the regulatory tonnage measurement 
system, to comply with laws containing tonnage thresholds, 
based upon the ITC tonnage measurement system, which became 
effective after July 18, 1994, as provided in sections 14302(c) 
of title 46, U.S. Code.

Section 745.--Convention tonnage for licenses, certificates, and 
        documents

    This section amends chapter 75 of title 46, U.S. 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 ITC. 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 ITC 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.

Section 746.--Technical corrections

    This section includes a technical amendment to chapter 121 
and corrects two misspelled words in chapter 131 of title 46, 
U.S. Code.

                    title viii--pollution from ships

Section 801.--Prevention of pollution from ships

  Section 801 would amend section 6 of APPS to require that the 
Secretary inspects waste reception facilities prior to issuing 
a certificate of adequacy, and would provide for automatic 
expiration of certificates after five years, or sooner if there 
is a change in operator or if the certificate is suspended or 
revoked. In addition, this section would encourage public 
participation by making available a current list of 
certificates of status at ports and by requiring that ports 
post placards containing telephone numbers where citizens can 
call to report inadequate reception facilities.

Section 802.--Marine plastic pollution research and control

  Section 802(a) would amend section 2201(a) of the Marine 
Plastic Pollution Research and Control Act of 1987 [MPPRCA] (33 
U.S.C. 1902 note) to extend indefinitely the requirement that 
the Secretary report to Congress biennially on compliance with 
MARPOL Annex V. This subsection would also require that a list 
of enforcement actions taken against any domestic or foreign 
ship pursuant to APPS be published in the Federal Register on 
an annual basis.
  Section 802(b) would amend section 2203 of the Marine 
Protection, Research, and Sanctuaries Act of 1972 [MPRSA] (33 
U.S.C. 2803) to: (1) establish a Marine Debris Coordinating 
Committee; and (2) direct the Environmental Protection Agency 
and the National Oceanic and Atmospheric Administration to use 
the marine debris data collected under title V of MPRSA to 
assist that Committee in ensuring coordination of research, 
monitoring, education, and regulatory actions and assist the 
Coast Guard in assessing the effectiveness of MPRSA and APPS.
  Section 802(c) would amend section 2204(a) of MPPRCA, 
extending indefinitely the authorization for cooperative public 
outreach and educational programs. This subsection also 
specifies activities that could be included in outreach 
programs and would require that such programs provide the 
public with information on how to report violations of the 
MPPRCA and APPS. In developing these programs, the Committee 
directs Federal agencies to consult with state or local 
agencies that have direct contact with recreational and 
commercial boaters. Finally, this subsection would authorize 
the Coast Guard, the National Oceanic and Atmospheric 
Administration, and the Environmental Protection Agency to 
award grants and enter into cooperative agreements for 
implementing public outreach programs.

                 title ix--law enforcement enhancement

Section 901.--Sanctions for failure to land or to bring to; sanctions 
        for obstruction of boarding and providing false information

  In general, this section amends chapter 109 of title 18, U.S. 
Code, by adding a new section 2237 that makes it unlawful for 
the pilot, operator, or person in charge of an aircraft to fail 
to obey the order of an authorized Federal officer to land when 
such an order is issued while the Federal law enforcement 
officer is enforcing federal law relating to controlled 
substances or money laundering. This section also makes several 
other changes to enhance enforcement of Federal law involving 
aircraft and vessels.
  Specifically, subsection (a)(1) provides that it shall be 
unlawful for an aircraft which has crossed the border of United 
States or is subject to U.S. jurisdiction but is operating 
outside the United States to fail to obey an order to land by 
an authorized Federal officer. Subsection (a)(2) requires the 
Administrator (the Administrator) of the Federal Aviation 
Administration [FAA], in consultation with the Commissioner of 
Customs and the Attorney General, to prescribe regulations 
governing the means by which a Federal law enforcement officer 
may communicate an order to land to a pilot or pilot, operator, 
or person in charge of an aircraft.
  Subsection (b)(1) provides that it shall be unlawful for the 
master, operator, or person in charge of a vessel subject to 
the jurisdiction of the United States to fail to obey an order 
to bring to that vessel on being ordered to do so by an 
authorized Federal law enforcement officer. Paragraph (2) 
provides that it shall be unlawful for any person on board a 
vessel subject to the jurisdiction of the United States to: (1) 
fail to comply with an order of an authorized Federal law 
enforcement officer in connection with the boarding of the 
vessel; (2) impede or obstruct a boarding, arrest, or other 
authorized law enforcement action; or (3) provide false 
information to a Federal officer during a boarding regarding 
the vessel's destination, origin, ownership, registration, 
nationality, cargo, or crew. Nothing in this section limits 
application of section 1001 of title 18, U.S. Code, which makes 
it a crime to give a false statement to a government agent.
  Subsection (c) provides that this section does not limit in 
any way the preexisting authority of a customs officer under 
section 581 of the Tariff Act of 1930 or any other provision of 
law enforced or administered by the Customs Service, or the 
preexisting authority of any Federal law enforcement officer 
under any U.S. law to order an aircraft to land or a vessel to 
bring to.
  Subsection (d) specifies that a foreign nation may consent or 
waive objection to the enforcement of U.S. law under this 
section by radio, telephone, or similar oral or electronic 
means. Consent or waiver may be proven by certification of the 
Secretary of State or the Secretary's designee.
  Subsection (e) defines the terms used in this section. The 
following terms are defined: ``vessel of the United States'' or 
a ``vessel subject to the jurisdiction of the United States''; 
an aircraft ``without nationality''; an aircraft ``subject to 
the jurisdiction of the United States''; to ``bring to''; and 
``Federal law enforcement officer''.
  Subsection (f) establishes penalties for violation of this 
section. Any person who intentionally violates the provisions 
of this section would be subject to imprisonment for not more 
than five years and a fine as provided in this title.
  Subsection (g) authorizes the seizure and forfeiture of any 
aircraft or vessel that is used in violation of this section. 
Existing customs laws and duties would apply to such seizures 
and forfeitures. This subsection further provides that any 
vessel or aircraft that is used in violation of this section is 
also liable in rem for any fine or civil penalty imposed under 
this section.

Section 902.--FAA summary revocation authority

  This section adds two new sections to title 49, U.S. Code. 
Subsection (a) adds a new section 44106a. This section provides 
for the immediate revocation of the registration of an aircraft 
upon the failure of the operator of the aircraft to follow the 
order of a Federal law enforcement officer to land an aircraft 
under new section 2237 of title 18, U.S. Code (section 901 of 
the reported bill). The Administrator would be required to 
notify, as soon as possible, the owner of the aircraft that the 
owner no longer holds U.S. registration for that aircraft. In 
addition, the Administrator would be required to establish 
procedures for the owner of the aircraft to show cause why 
either: (1) the registration was not revoked, as a matter of 
law; or (2) circumstances existed pursuant to which the 
Administrator determined that it would be in the public 
interest to issue a new certificate of registration to the 
owner, effective concurrent with the revocation.
  Subsection (b) adds a new section 44710a. The new section 
would require the Administrator to issue an order revoking the 
airman certificate of any person if the Administrator finds 
that: (1) such person, while acting as the pilot, operator, or 
person in charge of an aircraft, failed to follow the order of 
a Federal law enforcement officer to land the aircraft as 
provided in new section 2237 of title 18, U.S. Code; and (2) 
such person knew or had reason to know that he had been ordered 
to land the aircraft. The amendment provides the flexibility to 
the Administrator so that an airman certificate would not be 
revoked if extenuating circumstances existed, such as safety of 
flight, which justified a deviation by the airman from the 
order to land.

Section 903.--Coast Guard air interdiction authority

  This section amends chapter 5 of title 14, U.S. Code, by 
adding a new section 97. This section authorizes the Coast 
Guard to issue orders and make inquiries, searches, seizures, 
and arrests with respect to violations of U.S. laws occurring 
aboard any aircraft subject to the jurisdiction of the United 
States as defined in new section 2237 of title 18, U.S. Code 
(section 901 of the reported bill). Any order issued under this 
section to land an aircraft would be communicated pursuant to 
regulations promulgated pursuant to that section. The Committee 
encourages the Coast Guard, the FAA, and the Customs Service to 
enter into an agreement for the purpose of establishing clear 
policies and procedures for using the additional authority 
provided by this title of the reported bill and to maximize the 
effective use of scarce resources.

Section 904.--Coast Guard civil penalty provisions

  This section amends chapter 17 of title 14, U.S. Code, by 
adding a new section 673. Subsection (a) authorizes the 
Secretary to impose a civil penalty of not more than $15,000 
for failure to comply with an order of a Coast Guard 
commissioned officer, warrant officer, or petty officer 
relating to the boarding of a vessel or landing of an aircraft 
issued under the authority of new section 2237 of title 18, 
U.S. Code, or section 97 of title 14, U.S. Code (as established 
by sections 901 and 903 of the reported bill). The Secretary is 
authorized to impose a civil penalty of not more than $25,000 
for intentional violations. Subsection (b) provides that any 
vessel or aircraft used in such violation is liable in rem and 
may be seized, forfeited, and sold under Customs law.

Section 905.--Customs orders

  Section 905 would add a new subsection (i) to section 581 of 
the Tariff Act of 1930 (19 U.S.C. 1581) that defines 
``authorized place'' as that term is used in that section. 
Authorized place is defined with respect to a vehicle as a 
location in a foreign country at which U.S. customs officers 
are permitted to conduct inspections, examinations, or 
searches. The term is defined with respect to aircraft to which 
this section applies under section 644 of the Tariff Act or 
section 2237 of title 18, U.S. Code, as any location outside of 
the United States, including a foreign country at which U.S. 
customs officers are permitted to conduct inspections, 
examinations, or searches. The intent of this amendment is to 
clarify law enforcement authority of customs officers in 
foreign countries and to specify that in regard to aircraft, 
the provisions of title 18, U.S. Code, section 2237, apply in 
such authorized places.

Section 906.--Customs civil penalty provisions

  Section 906 adds a new section 591 to the Tariff Act of 1930 
that authorizes the Customs Service to impose civil penalties 
for failure to comply with the order of an authorized Federal 
law enforcement officer relating to the landing of an aircraft 
under the new authority established by the changes made in this 
title of the reported bill.

                          title x--conveyances

Section 1001.--Conveyance of certain property in Massachusetts

  This section would authorize transfer of the lighthouse and 
surrounding Coast Guard property located on Thacher Island, 
Massachusetts to the Town of Rockport, Massachusetts, and 
transfer of the Coast Guard Cuttyhunk Boathouse and Wharf 
property located in Gosnold, Massachusetts to the Town of 
Gosnold, Massachusetts. In making these transfers, the United 
States would convey all right, title and interest, except that 
the Coast Guard would retain ownership of any historic 
artifact. The conveyance of these properties would be subject 
to the condition that the properties are maintained in a manner 
that ensures their present and future use for Coast Guard aids 
to navigation and is consistent with the provisions of the 
National Historic Preservation Act of 1966 (16 U.S.C. 470 et 
seq.). In addition, the Coast Guard would continue to have 
access to the properties for the operation and maintenance of 
aids to navigation.

Section 1002.--Conveyance of certain lighthouses located in Maine

  This section would authorize transfer of 29 lighthouse 
properties located in Maine to the Island Institute in 
Rockland, Maine and four lighthouse properties located in Maine 
to the United States Fish and Wildlife Service. In making the 
transfer of the 29 lighthouse properties to the Island 
Institute, the United States would convey all right, title and 
interest, except that the Coast Guard would retain ownership of 
any historic artifact from any of the 33 lighhouses transferred 
under this section. The Island Institute is directed to further 
transfer 27 of the 29 lighthouse properties it receives from 
the Coast Guard to eligible Federal agencies, Maine state or 
local government entities, nonprofit corporations, educational 
agencies, or community development organizations. The further 
conveyances by the Island Institute would be subject to 
approval by the Maine Lighthouse Selection Committee, the 
members of which are to be appointed by the Secretary. The 
conveyance of the 33 lighthouse properties would be subject to 
the condition that the properties: (1) be used for educational, 
historic, recreational, cultural, and wildlife conservation 
programs for the general public and for other uses that the 
Secretary determines are not inconsistent; and (2) are 
maintained in a manner that ensures their present and future 
use for Coast Guard aids to navigation and is consistent with 
the provisions of the National Historic Preservation Act of 
1966 (16 U.S.C. 470 et seq.). In addition, the Coast Guard 
would continue to have access to the properties for the 
operation and maintenance of aids to navigation.

Section 1003.--Conveyance of Squirrel Point light

  This section would authorize transfer of the property 
comprising Squirrel Point Light located in Arrowsic, Maine to 
Squirrel Point Associates, Incorporated. In making this 
transfer, the United States would convey all right, title and 
interest, except that the Coast Guard would retain ownership of 
any historic artifact. The conveyance of this property would be 
subject to the condition that the property be used as a 
nonprofit center for the interpretation and preservation of 
maritime history, is maintained in a manner that ensures its 
present and future use for Coast Guard aids to navigation, and 
is consistent with the provisions of the National Historic 
Preservation Act of 1966 (16 U.S.C. 470 et seq.). In addition, 
the Coast Guard would continue to have access to the property 
for the operation and maintenance of aids to navigation.

Section 1004.--Conveyance of Montauk light station

  This section would authorize transfer of the property 
comprising Montauk Light Station located in Montauk, New York 
to the Montauk Historical Association. In making this transfer, 
the United States would convey all right, title and interest, 
except that the Coast Guard would retain ownership of any 
historic artifact. The conveyance of this property would be 
subject to the conditions that the property: be used as a 
nonprofit center for public benefit for the interpretation and 
preservation of the material culture of the Coast Guard, the 
maritime history of Montauk, New York, and Native American and 
colonial history; is maintained in a manner that ensures its 
present and future use for Coast Guard aids to navigation; and 
is consistent with the provisions of the National Historic 
Preservation Act of 1966 (16 U.S.C. 470 et seq.). In addition, 
the Coast Guard would continue to have access to the property 
for the operation and maintenance of aids to navigation.

Section 1005.--Conveyance of Point Arena light station

  This section would authorize transfer of the property 
comprising Point Arena Light Station located in Mendocino 
County, California to the Point Arena Lighthouse Keepers, 
Incorporated. In making this transfer, the United States would 
convey all right, title and interest, except that the Coast 
Guard would retain ownership of any historic artifact. The 
conveyance of this property would be subject to the condition 
that the property be used as a nonprofit center for public 
benefit for the interpretation and preservation of the maritime 
history of Point Arena, California, is maintained in a manner 
that ensures its present and future use for Coast Guard aids to 
navigation, and is consistent with the provisions of the 
National Historic Preservation Act of 1966 (16 U.S.C. 470 et 
seq.). In addition, the Coast Guard would continue to have 
access to the property for the operation and maintenance of 
aids to navigation.

Section 1006.--Conveyance of property in Ketchikan, Alaska

  Section 1006 would require the conveyance of the former Coast 
Guard marine safety detachment in Ketchikan, Alaska to the 
Ketchikan Indian Corporation for use as a health or social 
services facility. The property would revert to the General 
Services Administration if it is not used for that purpose.

Section 1007.--Conveyance of property in Traverse City, Michigan

  This section directs the Secretary to transfer approximately 
27 acres of excess property located in Traverse City, Michigan, 
from the Coast Guard to the Traverse City Area Public School 
District. It is the Committee's understanding that this 
property would be used by the School District for athletic 
fields. Under section 1007 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. In addition, the 
Coast Guard would continue to have access to the property for 
the operation and maintenance of the pump room located on the 
property.

Section 1008.--Conveyance of Coast Guard property in New Shoreham, 
        Rhode Island

  This section directs the Secretary or other appropriate 
official to transfer approximately 10 acres of property known 
as Coast Guard Station Block Island located on Block Island, 
Rhode Island, to the Town of New Shoreham, Rhode Island. The 
ownership of this property reverts to the United States if the 
property, or any part of the property, ceases to used by the 
Town of New Shoreham, Rhode Island.

Section 1009.--Conveyance of property in Santa Cruz, California

  This section directs the Secretary to transfer the Coast 
Guard property located in Santa Cruz, California to the Santa 
Cruz Port District. In making this transfer, the United States 
would convey all right, title and interest. The conveyance of 
this property would be subject to the conditions that: the 
property be available for joint use by the Coast Guard and the 
Port District; the Port District would be responsible for the 
cost of maintaining, operating, and replacing the utility 
systems, buildings, and facilities; the site be maintained as a 
nonprofit center for education, training, administration, and 
other public service to include use by the Coast Guard; and the 
site be returned to the Secretary after 30 days notice that it 
is needed for national security purposes.

Section 1010.--Conveyance of vessel S/S Red Oak Victory

  This section authorizes the Secretary to transfer the 
National Defense Reserve Fleet [NDRF] vessel S/S Red Oak 
Victory (Victory Ship VCS-AP2; U.S. Navy Hull No. AK235) to the 
City of Richmond Museum Association, Incorporated, located in 
Richmond, California. In making this transfer, the United 
States would convey all right, title and interest. The 
conveyance of this property would be subject to the condition 
that: (1) the vessel be used for the purposes of a monument to 
the wartime accomplishments of the City of Richmond; (2) the 
vessel not be used for commercial transportation purposes; (3) 
the recipient agrees to make the vessel available to the 
government if the Secretary requires the vessel for war or 
national emergency; (4) the recipient agrees to hold the 
Federal government harmless for any claims arising from 
exposure to asbestos after transfer of the vessel, except for 
claims arising from use by the government for war or national 
emergency; (5) and the recipient has available, for use to 
restore the vessel, in the form of cash, liquid assets, or 
written loan commitment, financial resources of at least 
$100,000.
  The conveyance, if made, would transfer the vessel in its 
present condition, without any cost to the Federal government, 
to the recipient. The Secretary also would be authorized to 
transfer unneeded equipment from other NDRF vessels to restore 
the vessel to museum quality. Finally, the Secretary would be 
required to retain the vessel in the NDRF for the earlier of 
two years from the date of enactment of the reported bill or 
until the vessel is conveyed, whichever date is earlier.

                        title xi--miscellaneous

Section 1101.--Florida Avenue bridge

  Section 1101 would clarify that the drainage siphon adjacent 
to the Florida Avenue Bridge in Orleans Parish, Louisiana, is a 
part of the bridge structure for the purposes of making 
alterations to the bridge under the Truman-Hobbs Act.

Section 1102.--Oil Spill Recovery Institute

  This section would authorize the Prince William Sound Oil 
Spill Recovery Institute [OSRI], which is authorized under 
section 5001 of the Oil Pollution Act of 1990, to fund research 
using the interest earned on the $22.5 million it is authorized 
to spend from the Oil Spill Liability Trust Fund, which was 
transferred from the Trans-Alaska Pipeline Fund in December of 
1994. This change would eliminate the need for an annual 
appropriation of between $2 million and $5 million for OSRI.
  This section also scales back the size of the OSRI Advisory 
Board from 18 members to 14 members.

Section 1103.--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 1103 of this bill amends section 3703a(b) of title 
46, U.S. 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 1003 also amends section 3703a(b) to exempt barges of 
less than 1,200 gross tons that are primarily used to carry 
deck cargo and bulk fuel to Alaska Native villages from the OPA 
90 double-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, without the exemption these 
Alaskan barges could not reach the shore to offload at many 
villages nor operate economically.

Section 1104.--Oil spill response vessels

  Section 1104(a) of this bill amends section 2101 of title 46, 
U.S. 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 1104(b) adds a new subsection (f) to section 3702 of 
title 46, U.S. Code, to exempt OSRVs from the tank vessel 
requirements of chapter 37 of title 46, U.S. Code. The 
Committee notes that 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 1104(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 1104(c) and 1104(d) amend sections 8104 and 8301 of 
title 46, U.S. Code, to authorize the Secretary 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 1104(e) amends the requirements for Merchant 
Mariner's Documents (MMDs) under section 8701 of title 46, U.S. 
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 their 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 1104(f) amends section 8905 of title 46, U.S. 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, U.S. 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 1104(g) amends section 3301 of title 46, U.S. 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 fledgling oil spill response 
industry.

Section 1105.--Sense of the Congress regarding passengers aboard 
        commercial vessels

  This section expresses the sense of the Congress that the 
North American Free Trade Act passenger fee required by Public 
Law 103-182 (19 U.S.C. 58c(a)(5)) was intended to be charged 
only once per voyage, and not each time a cruise ship reenters 
U.S. customs waters during a single voyage.

Section 1106.--California cruise industry revitalization

  This section resolves a conflict between certain Federal and 
state laws involving authorized gambling aboard U.S.-flag 
cruise vessels. Section 1106 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 1107.--Lower Columbia River marine fire and safety activities

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

Section 1108.--Oil pollution research training

  OPA 90 authorizes oil pollution research and training on 
innovative oil pollution technology to be conducted using, as 
appropriate, the National Spill Control School in Corpus 
Christi, Texas, a Texas A&M University facility. Section 1108 
would amend section 7001(c)(2)(D) of OPA 90 to allow this 
research and training to be conducted at the Center for Marine 
Training and Safety in Galveston, which is another Texas A&M 
University facility.

Section 1109.--Limitation on consolidation or relocation of Houston and 
        Galveston marine safety offices

  The Coast Guard has developed a plan to consolidate its 
Marine Safety Offices in Houston, Texas and Galveston, Texas in 
a third location in Texas. This streamlining has been projected 
to save the government approximately $500,000 annually. Some 
maritime industry interests using the Houston-Galveston Ship 
Channel have expressed concern over the effects of this 
consolidation and relocation of these facilities. This section 
prohibits the Secretary from consolidating or relocating the 
Coast Guard Marine Safety Offices in Galveston, Texas and 
Houston, Texas.

Section 1110.--Uninspected fish-tender vessels

  This section clarifies the provision of title 46, U.S. Code, 
relating to the carriage of cargo in uninspected fish-tender 
vessels providing service outside the Aleutian trade geographic 
region. Section 3302(c)(3) of title 46, U.S. Code, permits 
uninspected fish-tender vessels of not more than 500 gross tons 
to carry: (1) cargo to or from a place in Alaska that does not 
receive weekly common carrier service by water from a place in 
the United States; or (2) cargo which is of the type not 
accepted by that common carrier service. The Coast Guard has 
interpreted this weekly common carrier test to apply only to 
general cargo. Section 1110 of the reported bill would apply 
the weekly common carrier service test to all cargo which is of 
the type accepted by common carriers. Such cargo includes 
frozen fish products, canning components, cardboard, salt, and 
other materials directly related to fishing or the preparation 
of fish.

Section 1111.--Foreign passenger vessel user fees

  Section 3303(b) of title 46, U.S. Code, currently requires 
the Secretary 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 of this 
restriction in existing law, the Coast Guard is not able to 
treat foreign flag passenger vessels the same as other foreign 
vessels, nor the same as their U.S. passenger vessel 
counterparts. Section 1111 of the reported bill would amend 
section 3303 of title 46, U.S. Code, to strike subsection (b), 
allowing the Coast Guard to assess and collect user fees for 
examining foreign passenger vessels based on Coast Guard 
examination costs rather than on foreign fee levels. User fees 
for foreign passenger vessels would be established under the 
authority of section 2110 of title 46, U.S. Code, the same 
section under which the Coast Guard may already charge user 
fees for examining foreign non-passenger vessels and for 
inspecting U.S. 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 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 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 1112.--Coast Guard user fees

  The Omnibus Budget Reconciliation Act of 1990 authorized user 
fees and required the Coast Guard to collect such fees for the 
inspection and certification of U.S. commercial vessels. 
Section 10401(g) of that Act (46 U.S.C. 2110(g)) authorized the 
Secretary to exempt persons from the requirement to pay these 
user fees if it is in the public interest to do so. During the 
rulemaking process, small passenger vessel operators informed 
the Coast Guard that the Coast Guard's proposed fee levels 
would force many operators out of business and leave gaps in 
small passenger vessel service throughout the nation. It is 
also clear that publicly-owned ferries serve the public 
interest by providing necessary, and in many cases, the only 
available, transportation between locations divided by bodies 
of water. The Coast Guard imposed the proposed fees effective 
May 1, 1995.
  The Committee believes the Coast Guard failed to 
appropriately use the authority of 46 U.S.C. 2110(g) to set 
user fee levels for small passenger vessels that are in the 
public interest and, also in the public interest, to exempt 
publicly-owned ferries from the user fees. Therefore, section 
1112 clarifies the intent of the Congress regarding U.S. vessel 
user fees by setting upper limits on user fees of $300 annually 
for small passenger vessels shorter than 65 feet and $600 
annually for passenger vessels 65 feet or longer. In addition, 
section 1112 exempts publicly-owned ferries from these fees.

Section 1113.--Vessel financing

  In 1988, Congress began easing the restrictions on persons 
that can be mortgagees for U.S.-flag vessels. Section 1113(a) 
amends section 31322 of title 46, U.S. Code, to broaden the 
categories of persons eligible to be mortgagees for U.S.-flag 
vessels without the approval of the Secretary. This amendment 
is intended to further 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, 
referred to as ``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 1113(b) amends section 31328 of title 46, U.S. Code, 
to broaden the categories of persons eligible to act as 
trustees for ship mortgage purposes to include persons eligible 
to own a documented vessel under chapter 121 of that title.
  Section 1113(c) amends section 12106 of title 46, U.S. Code, 
to ease leasing arrangements for vessels engaged in the 
coastwise trade. Leasing 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 leasing instead of traditional mortgage 
financing. Currently, there are no citizenship requirements on 
leasing companies that finance U.S.-flag vessels that have 
registry endorsements. Section 1113(d) will also allow these 
companies to finance vessels that have coastwise endorsements.
  This subsection of the reported bill also amends section 
12106 to authorize the Secretary to issue coastwise 
endorsements for vessels owned by any leasing company that is 
eligible to own a documented vessel. Section 1113 provides, 
however, that if the leasing company is not a U.S. citizen 
under section 2 of the Shipping Act, 1916, the vessel may only 
be used in the coastwise trade if a section 2 citizen operates 
the vessel under a demise charter for a period of at least 
three years. It is expected that most of the demise charters 
will be long-term. However, once the initial long-term charter 
has expired or if there is a default of the leasee, the leasing 
company may find it necessary to enter into short-term demise 
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 could be terminated by the 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.
  Finally, this subsection provides that upon default by a 
bareboat charterer 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 bareboat charterer to continue 
to operate the vessel while it attempts to remedy the default 
under its lease or allow the leasing company to move the 
vessel, maintain it, have it repaired, or laid-up.

Section 1114.--Manning and watch requirements on towing vessels on the 
        Great Lakes

  Section 1114 of the reported bill would amend section 8104 of 
title 46, U.S. 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 subsection (c) of section 8104 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. This section also 
would amend existing section 8104(e) to allow crewmen to work 
in both the deck and engine departments of a towing vessel 
operating on the Great Lakes. Finally, section 8104(g) would be 
amended 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 1115.--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 1116.--Relief from U.S. documentation requirements

  U.S. flag vessels built with the assistance of a 
Construction-Differential Subsidy [CDS] are required to be 
owned by United States citizens and documented under the laws 
of the United States for a period of 25 years. Section 1116 of 
the reported bill would authorize six specific vessels to be 
sold to a person that is not a citizen of the United States and 
to be transferred or placed under foreign registry, 
notwithstanding these CDS requirements.
  Among the vessels granted authority to transfer to foreign 
flag or ownership are two liqufied natural gas [LNG] tank 
vessels, the Arzew and the Southern. The Committee's decision 
to approve the transfer of these LNG vessels is based on the 
absence of U.S. trade opportunities for LNG vessels, which has 
resulted in an extensive period of idleness. Except in 
instances where an operating subsidy has been used, other CDS-
built LNG vessels have also been idle.
  The Committee is aware that three other LNG tank vessels are 
similarly situated and, as a matter of equity, should be 
afforded the same opportunity to flag out. Two of these vessels 
have been operating under an Operating-Differential Subsidy 
contract. The Committee notes that, if authority is granted for 
the two vessels with operating subsidies to flag foreign, the 
owner has stated that the vessels will operate under the U.S. 
flag until subsidy payments terminate.
  The Committee considers the employment of American citizen 
seaman to be a vital national interest and is aware that U.S. 
crews are highly skilled in the operation of these highly 
complex ships. Therefore, the Committee is hopeful that, if 
these vessels are reactivated, the possibility of employing 
U.S. crew members will be explored.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, 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 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1995

SEC. 558. MILITARY RECRUITING ON CAMPUS.

    (a) Denial of Funds.--(1) No funds available to the 
Department of Defense or the Department of Transportation may 
be provided by grant or contract to any institution of higher 
education that has a policy of denying, or which effectively 
prevents, the Secretary of Defense or the Secretary of 
Transportation from obtaining for military recruiting 
purposes--
          (A) entry to campuses or access to students on 
        campuses; or
          (B) access to directory information pertaining to 
        students.
    (2) Students referred to in paragraph (1) are individuals 
who are 17 years of age or older.
    (b) Procedures for Determination.--The Secretary of 
Defense, in consultation with the Secretary of Education and 
the Secretary of Transportation, shall prescribe regulations 
that contain procedures for determining if and when an 
educational institution has denied or prevented access to 
students or information described in subsection (a).
    (c)  Definition.--For purposes of this section, the term 
``directory information'' means, with respect to a student, the 
student's name, address, telephone listing, date and place of 
birth, level of education, degrees received, and the most 
recent previous educational institution enrolled in by the 
student.
                              ----------                              


                 COAST GUARD AUTHORIZATION ACT OF 1991

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

    (a)(1) There is established a Houston-Galveston Navigation 
Safety Advisory Committee (hereinafter referred to as the 
``Committee''). The Committee shall advise, consult with, and 
make recommendations to the Secretary of the department in 
which the Coast Guard is operating (hereinafter in this part 
referred to as the ``Secretary'') on matters relating to the 
transit of vessels and products to and from the Ports of 
Galveston, Houston, Texas City, and Galveston Bay. The 
Secretary shall, whenever practicable, consult with the 
Committee before taking any significant action related to 
navigation safety at these port facilities. Any advice or 
recommendation made by the Committee to the Secretary shall 
reflect the independent judgment of the Committee on the matter 
concerned.
          * * * * * * *
    (h) The Committee shall terminate on September 30, 2000.

SEC. 19. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.

    (a)(1) There is established a Lower Misissippi River 
Waterway Advisory Committee (hereinafter referred to as the 
``Committee''). The Committee shall advise, consult with, and 
make recommendations to the Secretary of the department in 
which the Coast Guard is operating (hereinafter in this part 
referred to as the ``Secretary'') on a wide range of matters 
regarding all facets of navigational safety related to the 
Lower Mississippi River. The Secretary shall, whenever 
practicable, consult with the Committee before taking any 
significant action related to navigation safety in the Lower 
Mississippi River. Any advice or recommendation made by the 
Committee to the Secretary shall reflect the independent 
judgment of the Committee on the matter concerned.
          * * * * * * *
    (g) The Committee shall terminate on September 30, 2000.
                              ----------                              


                         TITLE 14. COAST GUARD

                      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) maintain water, land, and air patrols, and ice-
        breaking facilities;
          (b) establish and prescribe the purpose of, change 
        the location of, consolidate, discontinue, re-
        establish, maintain, operate, and repair Coast Guard 
        shore establishments;
          (c) assign vessels, aircraft, vehicles, aids to 
        navigation, equipment, appliances, and supplies to 
        Coast Guard districts and shore establishments, and 
        transfer any of the foregoing from one district or 
        shore establishment to another;
          (d) conduct experiments, investigate, or cause to be 
        investigated, plans, devices, and inventions relating 
        to the performance of any Coast Guard function and 
        cooperate and coordinate such activities with other 
        government agencies and with private agencies;
          (e) conduct any investigations or studies that may be 
        of assistance to the Coast Guard in the performance of 
        any of its powers, duties, or functions;
          (f) collect, publish, and distribute information 
        concerning Coast Guard operations;
          (g) conduct or make available to personnel of the 
        Coast Guard such specialized training and courses of 
        instruction, including correspondence courses, as may 
        be necessary or desirable for the good of the service;
          (h) design or cause to be designed, cause to be 
        constructed, accept as gift, or otherwise acquire 
        patrol boats and other small craft, equip, operate, 
        maintain, supply, and repair such patrol boats, other 
        small craft, aircraft, and vehicles, and subject to 
        applicable regulations under the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 471 et 
        seq.) dispose of them;
          (i) acquire, accept as gift, maintain, repair, and 
        discontinue aids to navigation, appliances, equipment, 
        and supplies;
          (j) equip, operate, maintain, supply, and repair 
        Coast Guard districts and shore establishments;
          (k) [Repealed]
          (l) establish, equip, operate, and maintain shops, 
        depots, and yards for the manufacture and construction 
        of aids to navigation, equipment, apparatus, vessels, 
        vehicles, and aircraft not normally or economically 
        obtainable from private contractors, and for the 
        maintenance and repair of any property used by the 
        Coast Guard;
          (m) accept and utilize, in times of emergency in 
        order to save life or protect property, such voluntary 
        services as may be offered to the Coast Guard;
          (n) rent or lease, under such terms and conditions as 
        are deemed advisable, for a period not exceeding five 
        years, such real property under the control of the 
        Coast Guard as may not be required for immediate use by 
        the Coast Guard, the monies received from any such 
        rental or lease, less amount of expenses incurred 
        (exclusive of governmental personal services), to be 
        deposited in the Treasury;
          (o) grant, under such terms and conditions as are 
        deemed advisable, permits, licenses, easements, and 
        rights-of-way over, across, in, and upon lands under 
        the control of the Coast Guard when in the public 
        interest and without substantially injuring the 
        interests of the United States in the property thereby 
        affected;
          (p) establish, install, abandon, re-establish, re-
        route, operate, maintain, repair, purchase, or lease 
        such telephone and telegraph lines and cables, together 
        with all facilities, apparatus, equipment, structures, 
        appurtenances, accessories, and supplies used or useful 
        in connection with the installation, operation, 
        maintenance, or repair of such lines and cables, 
        including telephones in residences leased or owned by 
        the Government of the United States when appropriate to 
        assure efficient response to extraordinary operational 
        contingencies of a limited duration, and acquire such 
        real property, rights-of-way, easements, or attachment 
        privileges as may be required for the installation, 
        operation, and maintenance of such lines, cables, and 
        equipment;
          (q) establish, install, abandon, re-establish, change 
        the location of, operate, maintain, and repair radio 
        transmitting and receiving stations;
          (r) provide medical and dental care for personnel 
        entitled thereto by law or regulation, including care 
        in private facilities;
          (s) accept, under terms and conditions the Commandant 
        establishes, the service of an individual ordered to 
        perform community service under the order of a Federal, 
        State, or municipal court;
          (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.] Sciences; and
          (v) employ special recruiting programs, including, 
        subject to appropriations Acts, the provision of 
        financial assistance by grant, cooperative agreement, 
        or contract to public or private associations, 
        organizations, and individuals (including academic 
        scholarships for individuals), to meet identified 
        personnel resource requirements.

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

    A Coast Guard vessel may not be overhauled, repaired, or 
maintained in any shipyard located outside the United States, 
except that this section does not apply to emergency repairs.

Sec. 97. Air interdiction authority

    The Coast Guard may issue orders and make inquiries, 
searches, seizures, and arrests with respect to violations of 
laws of the United States occurring aboard any aircraft subject 
to the jurisdiction of the United States as defined in section 
2237 of title 18, United States Code. Any order issued under 
this section to land an aircraft shall be communicated pursuant 
to regulations promulgated pursuant to section 2237 of title 
18, United States Code.
          * * * * * * *

               CHAPTER 7. COOPERATION WITH OTHER AGENCIES

Sec. 141. [General] 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 (with include 
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.
    (b) The Coast Guard, with the consent of the head of the 
agency concerned, may avail itself of such officers and 
employees, advice, information, and facilities of any Federal 
agency, State, Territory, possession, or political subdivision 
thereof, or the District of Columbia as may be helpful in the 
performance of its duties. In connection with the utilization 
of personal services of employees of state or local 
governments, the Coast Guard may make payments for necessary 
traveling and per diem expenses as prescribed for Federal 
employees by the standardized Government travel regulations.
          * * * * * * *

                         CHAPTER 11. PERSONNEL

                                OFFICERS

         D. DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS

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

    (a) Each officer of the Regular Coast Guard appointed under 
section 211 of this title who is serving in the grade of 
lieutenant and who has failed of selection for promotion to the 
grade of lieutenant commander for the second time shall:
          (1) be honorably discharged on June 30 of the 
        promotion year in which his second failure of selection 
        occurs; or
          (2) if he so requests, be honorably discharged at an 
        earlier date without loss of benefits that would accrue 
        if he were discharged on that date under clause (1); or
          (3) if, on the date specified for his discharge in 
        this section, he has completed at least 20 years of 
        active service or is eligible for retirement under any 
        law, be retired on that date; or
          (4) if, on the date specified for his discharge in 
        clause (1), he has completed at least eighteen years of 
        active service, be retained on active duty and retired 
        on the last day of the month in which he completes 
        twenty years of active service, unless earlier removed 
        under another provision of law.
    (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 under this section, the officer has completed 
        at least 20 years of active service or is eligible for 
        retirement under any law, be retired on that date.
    (c) Each officer who has been continued on active duty 
under subsection (b) shall, unless earlier removed from active 
duty, be retired on the last day of the month in which he 
completes twenty years of active service.
          * * * * * * *

Sec. 289. Captains; continuation on active duty; involuntary retirement

    (a) The Secretary may, whenever the needs of the service 
require, but not more often than annually, convene a board 
consisting of not less than six officers of the grade of rear 
admiral (lower half) or rear admiral to recommend for 
continuation on active duty officers on the active duty 
promotion list serving in the grade of captain, who during the 
promotion year in which the board meets will complete at least 
three years' service in that grade and who have not been 
selected for promotion to the grade of rear admiral (lower 
half). Officers who are subject to retirement under section 288 
of this title during the promotion year in which the board 
meets shall not be considered by this board.
    (b) Whenever he convenes a board under this section, the 
Secretary shall establish a continuation zone. The zone shall 
consist of the most senior captains eligible for consideration 
for continuation on active duty who have not previously been 
placed in a continuation zone under this section. The Secretary 
shall, based upon the needs of the service, prescribe the 
number of captains to be included in the zone.
    (c) Based on the needs of the service the Secretary shall 
furnish the board with the number of officers that may be 
recommended for continuation on active duty. This number shall 
be no less than 50 percent of the number considered. The board 
shall select from the designated continuation zone, in the 
number directed by the Secretary, those officers who are, in 
the opinion of the board, best qualified for continuation on 
active duty.
    (d) The provisions of sections 253, 254, 258, and 260 of 
this title relating to selection for promotion shall, to the 
extent that they are not inconsistent with the provisions of 
this section, apply to boards convened under this section.
    (e) The Secretary shall prescribe by regulation the 
detailed procedures whereby officers in a continuation zone 
will be selected for continuation on active duty.
    (f) A board convened under this section shall submit its 
report to the secretary. If the board has acted contrary to law 
or regulation, the Secretary may return the report for 
proceedings in revision and resubmission to the Secretary. 
After his final review the Secretary shall submit the report of 
the board to the President for his approval. [Upon approval by 
the President, the names of the officers selected for 
continuation on active duty by the board shall be promptly 
disseminated to the service at large.] Except as required by 
the procedures of this section, the proceedings of the board 
shall not be disclosed to any person not a member of the board.
    (g) Each officer who is considered but not recommended for 
continuation on active duty under the provisions of this 
section shall, unless retired under some other provision of 
law, be retired on June 30 of the promotion year in which the 
report of the continuation board convened under this section is 
approved, or the last day of the month in which he completes 
twenty years of active service, whichever is later.
          * * * * * * *

Sec. 515. Child development services

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

   CHAPTER 13. PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

Sec. 468. Procurement of personnel

  [The Coast Guard may make expenditures as necessary in order 
to obtain recruits for the Service and cadet applicants, 
including advertising.]
  The Coast Guard may expend operating expense funds for 
recruiting activities, including but not limited to advertising 
and entertainment, in order to--
          (1) obtain recruits for the Service and cadet 
        applicants; and
          (2) gain support of recruiting objectives from those 
        who may assist in the recruiting effort.
          * * * * * * *

                       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.
  (b) The Commandant may, under regulations prescribed by the 
Secretary, sell apparatus or equipment manufactured by or in 
use in the Coast Guard, which is not readily procurable in the 
open market. The money received from such sale shall be 
deposited in the Treasury to the credit of the current 
appropriation from which purchase of similar apparatus or 
equipment is authorized.
  (c)(1) The Commandant may--
          (A) provide for the sale of recyclable materials that 
        the Coast Guard holds;
          (B) provide for the operation of recycling programs 
        at Coast Guard installations; and
          (C) designate Coast Guard installations that have 
        qualified recycling programs for the purposes of 
        subsection (d)(2).
  (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).
  (d)(1) Proceeds from the sale of recyclable materials at a 
Coast Guard installation shall be credited to funds available 
for operations and maintenance at that installation in amounts 
sufficient to cover operations, maintenance, recycling 
equipment, and overhead costs for processing recyclable 
materials at the installation.
  (2) If, after funds are credited, a balance remains available 
to a Coast Guard installation and the installation has a 
qualified recycling program, not more than 50 percent of that 
balance may be used at the installation for projects for 
pollution abatement, energy conservation, and occupational 
safety and health activities. The cost of the project may not 
be greater than 50 percent of the amount permissible for a 
minor construction project.
  (3) The remaining balance available to a Coast Guard, 
installation may be transferred to the Coast Guard Morale, 
Welfare, and Recreation Program.
  (e) If the balance available to the Coast Guard installation 
under this section at the end of a fiscal year is in excess of 
$200,000, the amount of that excess shall be deposited in the 
general fund of the Treasury as offsetting receipts of the 
Department in which the Coast Guard is operating and ascribed 
to Coast Guard activities.
          * * * * * * *

Sec. 644a. Contracts for health care services

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

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

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

                    CHAPTER 21. COAST GUARD RESERVE

                         Subchapter A. General

Sec. 712. Active duty for emergency augmentation of regular forces

      (a) Notwithstanding another law, and for the emergency 
augmentation of the Regular Coast Guard forces during a serious 
natural or manmade disaster, accident, or catastrophe, the 
Secretary may, without the consent of the member affected, 
order to active duty of not more than thirty days in any four-
month period and not more than sixty days in any two-year 
period an organized training unit of the Coast Guard Ready 
Reserve, a member thereof, or a member not assigned to a unit 
organized to serve as a unit.
  (b) Under the circumstances of the domestic emergency 
involved, a reasonable time shall be allowed between the date 
when a Reserve member ordered to active duty under this section 
is alerted for that duty and the date when the member is 
required to enter upon that duty. Unless the Secretary 
determines that the nature of the domestic emergency does not 
allow it, this period shall be at least two days.
  (c) Active duty served under this section--
          (1) satisfies on a day-for-day basis all or a part of 
        the annual active duty for training requirement of 
        section 10147 of title 10;
          (2) does not satisfy any part of the active duty 
        obligation of a member whose statutory Reserve 
        obligation is not already terminated; and
          (3) entitles a member while engaged therein, or while 
        engaged in authorized travel to or from that duty, to 
        all rights and benefits, including pay and allowances 
        and time creditable for pay and retirement purposes, to 
        which the member would be entitled while performing 
        other active duty.
  (d) Members ordered to active duty under this section shall 
not be counted in computing authorized strength in members on 
active duty or members in grade under this title or under any 
other law.
          * * * * * * *

                   CHAPTER 23. COAST GUARD AUXILIARY

Sec. 821. Administration of the Coast Guard Auxiliary

    [The Coast Guard Auxiliary established on February 19, 
1941, is a nonmilitary organization administered by the 
Commandant under the direction of the Secretary.]
  (a) The Coast Guard Auxiliary is a nonmilitary organization 
administered by the Commandant under the direction of the 
Secretary. For command, control, and administrative purposes, 
the Auxiliary shall include such organizational elements and 
units as are approved by the Commandant, including but not 
limited to, a national board and staff (Auxiliary headquarters 
unit), districts, regions, divisions, flotillas, and other 
organizational elements and units. The Auxiliary organization 
and its officers shall have such rights, privileges, powers, 
and duties as may be granted to them by the Commandant, 
consistent with this title and other applicable provisions of 
law. The Commandant may delegate to officers of the Auxiliary 
the authority vested in the Commandant by this section, in the 
manner and to the extent the Commandant considers necessary or 
appropriate for the functioning, organization, and internal 
administration of the Auxiliary.
  (b) Each organizational element or unit of the Coast Guard 
Auxiliary organization (but excluding any corporation formed by 
an organizational element or unit of the Auxiliary under 
subsection (c) of this section), shall, except when acting 
outside the scope of section 822, at all times be deemed to be 
an instrumentality of the United States, for purposes of the 
Federal Tort Claims Act (28 U.S.C. 2671, et seq.), the Military 
Claims Act (10 U.S.C. 2733), the Public Vessels Act (46 U.S.C. 
App. 781-790), the Suits in Admiralty Act (46 U.S.C. App. 741-
752), the Admiralty Extension Act (46 U.S.C. App. 740), and for 
other noncontractual civil liability purposes.
  (c) The national board of the Auxiliary, and any Auxiliary 
district or region, may form a corporation under State law, 
provided that the formation of such a corporation is in 
accordance with policies established by the Commandant.

Sec. 822. Purpose of the Coast Guard Auxiliary

  [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.]
  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. 823a. Members of the Auxiliary; status

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

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.]
  While assigned to authorized Coast Guard duty, any 
motorboator 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

  [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.]
  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.
  (b) The Secretary may pay interest on a claim under this 
section in any case in which a payment authorized under this 
section is not made within 60 days after the submission of the 
claim in a manner prescribed by the Secretary. The rate of 
interest for purposes of this section shall be the annual rate 
established under section 6621 of the Internal Revenue Code of 
1954.

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.
                              ----------                              


                  SECTION 5, JOHNSON ACT (15 USC 1175)

Sec. 1175. Specific jurisdictions within which manufacturing, 
                    repairing, selling, possessing, etc., prohibited

    (a) General Rule.--It shall be unlawful to manufacture, 
recondition, repair, sell, transport, possess, or use any 
gambling device in the District of Columbia, in any possession 
of the United States, within Indian country as defined in 
section 1151 of title 18 of the United States Code or within 
the special maritime and territorial jurisdiction of the United 
States as defined in section 7 of title 18 of the United States 
Code, including on a vessel documented under chapter 121 of 
title 46, United States Code, or documented under the laws of a 
foreign country.
  [(b) Exception.--
          [(1) In general.--Except as provided in paragraph 
        (2), this section does not prohibit--
                  [(A) the repair, transport, possession, or 
                use of a gambling device on a vessel that is 
                not within the boundaries of any State or 
                possession of the United States; or
                  [(B) the transport or possession, on a 
                voyage, of a gambling device on a vessel that 
                is within the boundaries of any State or 
                possession of the United States, if--
                          [(i) use of the gambling device on a 
                        portion of that voyage is, by reason of 
                        subparagraph (A), not a violation of 
                        this section; and
                          [(ii) the gambling device remains on 
                        board that vessel while the vessel is 
                        within the boundaries of that State or 
                        possession.
          [(2) Application to certain voyages.--
                  [(A) General rule.--Paragraph (1)(A) does not 
                apply to the repair or use of a gambling device 
                on a vessel that is on a voyage or segment of a 
                voyage described in subparagraph (B) of this 
                paragraph if the State or possession of the 
                United States in which the voyage or segment 
                begins and ends has enacted a statute the terms 
                of which prohibit that repair or use on that 
                voyage or segment.
                  [(B) Voyage and segment described.--A voyage 
                or segment of a voyage referred to in 
                subparagraph (A) is a voyage or segment, 
                respectively--
                          [(i) that begins and ends in the same 
                        State or possession of the United 
                        States, and
                          [(ii) during which the vessel does 
                        not make an intervening stop within the 
                        boundaries of another State or 
                        possession of the United States or a 
                        foreign country.]
  (b)(1) Of the balance of each annual appropriation remaining 
after making the distribution under subsection (a), an amount 
equal to $15,000,000 for fiscal year 1995, $40,000,000 for 
fiscal year 1996, $55,000,000 for fiscal year 1997, and 
$69,000,000 for each of fiscal years 1998 and 1999, shall, 
subject to paragraph (2), be used as follows:
          (A) A sum equal to $7,500,000 of the amount available 
        for fiscal year 1995, and a sum equal to $10,000,000 of 
        the amount available for each of fiscal years 1996 and 
        1997, shall be available for use by the Secretary of 
        the Interior for grants under section 5604(c) of the 
        Clean Vessel Act of 1992. Any portion of such a sum 
        available for a fiscal year that is not obligated for 
        those grants before the end of the following fiscal 
        year shall be transferred to the Secretary of 
        Transportation and shall be expended by the Secretary 
        of Transportation for State recreational boating safety 
        programs under section 13106 of title 46, United States 
        Code.
          (B) A sum equal to $7,500,000 of the amount available 
        for fiscal year 1995, $30,000,000 of the amount 
        available for fiscal year 1996, $45,000,000 of the 
        amount available for fiscal year 1997, and $59,000,000 
        of the amount available for each of fiscal years 1998 
        and 1999, shall be transferred to the Secretary of 
        Transportation and shall be expended by the Secretary 
        of Transportation for recreational boating safety 
        programs under section 13106 of title 46, United States 
        Code.
          (C) A sum equal to $10,000,000 of the amount 
        available for each of fiscal years 1998 and 1999 shall 
        be available for use by the Secretary of the Interior 
        for--
                  (i) grants under section 502(e) of the Coast 
                Guard Authorization Act of 1995; and
                  (ii) grants under section 5604(c) of the 
                Clean Vessel Act of 1992.
Any portion of such a sum available for a fiscal year that is 
not obligated for those grants before the end of the following 
fiscal year shall be transferred to the Secretary of 
Transportation and shall be expended by the Secretary of 
Transportation for State recreational boating safety programs 
under section 13106 of title 46, United States Code.
  (2)(A) Beginning with fiscal year 1996, the amount 
transferred under paragraph (1)(B) for a fiscal year shall be 
reduced by the lesser of--
          (i) the amount appropriated for that fiscal year from 
        the Boat Safety Account in the Aquatic Resources Trust 
        Fund established under section 9504 of the Internal 
        Revenue Code of 1986 to carry out the purposes of 
        section 13106 of title 46, United States Code; or
          (ii) $35,000,000.
          (iii) for fiscal year 1996 only, $30,000,000.
  (B) The amount of any reduction under subparagraph (A) shall 
be apportioned among the several States under subsection (d) of 
this section by the Secretary of the Interior.
  (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.
                              ----------                              


                         TITLE 16. CONSERVATION

         CHAPTER 10B. FISH RESTORATION AND MANAGEMENT PROJECTS

Sec.  777c. Division of annual appropriations

  (a) Initial Distribution.--The Secretary of the Interior 
shall distribute 18 per centum of each annual appropriation 
made in accordance with the provisions of section 3 of this Act 
as provided in the Coastal Wetlands Planning, Protection, and 
Restoration Act (title III, Public Law 101-646). 
Notwithstanding the provisions of section 3 of this Act, such 
sums shall remain available to carry out such Act through 
fiscal year 1999.
  (b) Use of Balance After Distribution.--Of the balance of 
each such annual appropriation remaining after making the 
distribution under subsection (a), an amount equal to 
$10,000,000 for fiscal year 1993, $15,000,000 for each of 
fiscal years 1994 and 1995, and $20,000,000 for each of fiscal 
years 1996, and 1997 shall be used as follows:
          (1) one-half shall be transferred to the Secretary of 
        Transportation and be expended for State recreational 
        boating safety programs under section 13106(a)(1) of 
        title 46, United States Code; and
          (2) one-half of amounts made available under this 
        subsection in a fiscal year shall be available for two 
        years for obligation under section 5604(c) of the Clean 
        Vessel Act of 1992. The Secretary of the Interior may 
        make grants for qualified projects in an amount up to 
        the amount available under this paragraph. Amounts 
        unobligated by the Secretary of the Interior after two 
        years shall be transferred to the Secretary of 
        Transportation and be expended for State recreational 
        boating safety programs under section 13106(a)(1) of 
        title 46, United States Code.
In fiscal year 1998, an amount equal to $20,000,000 of the 
balance remaining after the distribution under subsection (a) 
shall be transferred to the Secretary of Transportation and be 
expended for State recreational boating safety programs under 
section 13106(a)(1) of title 46, United States Code.
  (c) Funds Available for Expenses of Investigations and 
Administration.--Of the balance of each such annual 
appropriation remaining after the distribution and use under 
subsections (a) and (b), respectively, so much, not to exceed 6 
per centum of such balance, as the Secretary of the Interior 
may estimate to be necessary for his or her expenses in the 
conduct of necessary investigations, administration, and the 
execution of this Act and for aiding in the formulation, 
adoption, or administration of any compact between two or more 
States for the conservation and management of migratory fishes 
in marine or freshwaters, shall be deducted for that purpose, 
and such sum is authorized to be made available until the 
expiration of the next succeeding fiscal year.
  (d) Apportionment Among States.--The Secretary of the 
Interior, after the distribution, transfer, use, and deduction 
under subsections (a), (b), and (c), respectively, shall 
apportion the remainder of each such annual appropriation among 
the several States in the following manner: 40 per centum in 
the ratio which the area of each State including coastal and 
Great Lakes waters (as determined by the Secretary of the 
Interior) bears to the total area of all the States, and 60 per 
centum in the ratio which the number of persons holding paid 
licenses to fish for sport or recreation in the State in the 
second fiscal year preceding the fiscal year for which such 
apportionment is made, as certified to said Secretary by the 
State fish and game departments, bears to the number of such 
persons in all the States. Such apportionments shall be 
adjusted equitably so that no State shall receive less than 1 
per centum nor more than 5 per centum of the total amount 
apportioned. Where the apportionment to any State under this 
section is less than $4,500 annually, the Secretary of the 
Interior may allocate not more than $4,500 of said 
appropriation to said State to carry out the purposes of this 
Act when said State certifies to the Secretary of the Interior 
that it has set aside not less than $1,500 from its fish-and-
game funds or has made, through its legislature, an 
appropriation in this amount for said purposes.
  (e) Unallocated Funds.--So much of any sum not allocated 
under the provisions of this section for any fiscal year is 
hereby authorized to be made available for expenditure to carry 
out the purposes of this Act until the close of the succeeding 
fiscal year, and if unexpended or unobligated at the end of 
such year, such sum is hereby authorized to be made available 
for expenditure by the Secretary of the Interior in carrying on 
the research program of the Fish and Wildlife Service in 
respect to fish of material value for sport or recreation. The 
term fiscal year as used in this section shall be a period of 
twelve consecutive months from October 1 through the succeeding 
September 30, except that the period for enumeration of persons 
holding licenses to fish shall be a State's fiscal or license 
year.
                              ----------                              


                TITLE 18. CRIMES AND CRIMINAL PROCEDURE

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

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


                        TITLE 19. CUSTOMS DUTIES

                     CHAPTER 4. TARIFF ACT OF 1930

           ADMINISTRATIVE PROVISIONS; ENFORCEMENT PROVISIONS

Sec.  1581. Boarding vessels

  (a) Customs Officers.--Any officer of the customs may at any 
time go on board of any vessel or vehicle at any place in the 
United States or within the customs waters or, as he may be 
authorized, within a customs-enforcement area established under 
the Anti-Smuggling Act, or at any other authorized place 
without as well as within his district, and examine the 
manifest and other documents and papers and examine, inspect, 
and search the vessel or vehicle and every part thereof and any 
person, trunk, package, or cargo on board, and to this end may 
hail and stop such vessel or vehicle, and use all necessary 
force to compel compliance.
  (b) Officers of Department of Treasury.--Officers of the 
Department of Commerce and other persons authorized by such 
department may go on board of any vessel at any place in the 
United States or within the customs waters and hail, stop, and 
board such vessel in the enforcement of the navigation laws and 
arrest or, in case of escape or attempted escape, pursue and 
arrest any person engaged in the breach or violation of the 
navigation laws.
  (c) Penalty for Presenting Forged, Altered, or False 
Documents.--Any master of a vessel being examined as herein 
provided, who presents any forged, altered, or false document 
or paper to the examining officer, knowing the same to be 
forged, altered, or false and without revealing the fact shall, 
in addition to any forfeiture to which in consequence the 
vessel may be subject, be liable to a fine of not more than 
$5,000 nor less than $500.
  (d) Penalty for Failure To Stop at Command.--Any vessel or 
vehicle which, at any authorized place, is directed to come to 
a stop by any officer of the customs, or is directed to come to 
a stop by signal made by any vessel employed in the service of 
the customs and displaying proper insignia, shall come to a 
stop, and upon failure to comply a vessel or vehicle so 
directed to come to a stop shall become subject to pursuit and 
the master, owner, operator, or person in charge thereof shall 
be liable to a penalty of not more than $5,000 nor less than 
$1,000.
  (e) Seizure of Vessel or Merchandise.--If upon the 
examination of any vessel or vehicle it shall appear that a 
breach of the laws of the United States is being or has been 
committed so as to render such vessel or vehicle, or the 
merchandise, or any part thereof, on board of, or brought into 
the United States by, such vessel or vehicle, liable to 
forfeiture or to secure any fine or penalty, the same shall be 
seized and any person who has engaged in such breach shall be 
arrested.
  (f) Duty of Customs Officers To Seize Vessel.--It shall be 
the duty of the several officers of the customs to seize and 
secure any vessel, vehicle, or merchandise which shall become 
liable to seizure, and to arrest any person who shall become 
liable to arrest, by virtue of any law, respecting the revenue, 
as well without as within their respective districts, and to 
use all necessary force to seize or arrest the same.
  (g) Vessels Deemed Employed Within United States.--Any 
vessel, within or without the customs waters, from which any 
merchandise is being, or has been, unlawfully introduced into 
the United States by means of any boat belonging to, or owned, 
controlled, or managed in common with, said vessel, shall be 
deemed to be employed within the United States and, as such, 
subject to the provisions of this section.
  (h) Application of Section to Treaties of United States.--The 
provisions of this section shall not be construed to authorize 
or require any officer of the United States to enforce any law 
of the United States upon the high seas upon a foreign vessel 
in contravention of any treaty with a foreign government 
enabling or permitting the authorities of the United States to 
board, examine, search, seize, or otherwise to enforce upon 
said vessel upon the high seas the laws of the United States 
except as such authorities are or may otherwise be enabled or 
permitted under special arrangement with such foreign 
government.
  (i) As used in this section, the term ``authorized place'' 
includes--
          (1) with respect to a vehicle, a location in a 
        foreign country at which United States customs officers 
        are permitted to conduct inspections, examinations, or 
        searches; and
          (2) with respect to aircraft to which this section 
        applies by virtue of section 644 of this Act (19 U.S.C. 
        1644), or regulations issued thereunder, or section 
        2237 of title 18, United States Code, any location 
        outside of the United States, including a foreign 
        country at which United States customs officers are 
        permitted to conduct inspections, examinations, or 
        searches.
          * * * * * * *

Sec. 591. Civil penalty for failure to obey an order to land

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


               TITLE 33. NAVIGATION AND NAVIGABLE WATERS

         CHAPTER 18. LONGSHORE AND HARBOR WORKERS' COMPENSATION

Sec.  903. Coverage

  (a) Disability or Death; Injuries Occurring Upon Navigable 
Waters of United States.--Except as otherwise provided in this 
section, compensation shall be payable under this Act in 
respect of disability or death of an employee, but only if the 
disability or death results from an injury occurring upon the 
navigable waters of the United States (including any adjoining 
pier, wharf, drydock, terminal, building way, marine railway, 
or other adjoining area customarily used by an employer in 
loading, unloading, repairing, dismantling, or building a 
vessel).
  (b) Governmental Officers and Employees.--No compensation 
shall be payable in respect of the disability or death of an 
officer or employee of the United States, or any agency 
thereof, or of any State or foreign government, or any 
subdivision thereof.
  (c) Intoxication; Willful Intention To Kill.--No compensation 
shall be payable if the injury was occasioned solely by the 
intoxication of the employee or by the willful intention of the 
employee to injure or kill himself or another.
  (d) Small Vessels.--
          (1) No compensation shall be payable to an employee 
        employed at a facility of an employer if, as certified 
        by the Secretary, the facility is engaged in the 
        business of building, repairing, or dismantling 
        exclusively small vessels (as defined in paragraph (3) 
        of this subsection), unless the injury occurs while 
        upon the navigable waters of the United States or while 
        upon any adjoining pier, wharf, dock, facility over 
        land for launching vessels, or facility over land for 
        hauling, lifting, or drydocking vessels.
          (2) Notwithstanding paragraph (1), compensation shall 
        be payable to an employee--
                  (A) who is employed at a facility which is 
                used in the business of building, repairing, or 
                dismantling small vessels if such facility 
                receives Federal maritime subsidies; or
                  (B) if the employee is not subject to 
                coverage under a State workers' compensation 
                law.
          (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.
  (e) Credit for Benefits Paid Under Other Laws.--
Notwithstanding any other provision of law, any amounts paid to 
an employee for the same injury, disability, or death for which 
benefits are claimed under this Act pursuant to any other 
workers' compensation law or section 20 of the Act of March 4, 
1915 (38 Stat. 1185, chapter 153; 46 U.S.C. 688) (relating to 
recovery for injury to or death of seamen) shall be credited 
against any liability imposed by this Act.
          * * * * * * *

           CHAPTER 24. VESSEL BRIDGE-TO-BRIDGE COMMUNICATIONS

Sec. 1203. Radiotelephone requirement

  (a) Vessel Coverage; Exchange of Navigational Information.--
Except as provided in section 7 of this Act--
          (1) every power-driven vessel of twenty meters or 
        over in length while navigating;
          (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;
          (3) every towing vessel of twenty-six feet or over in 
        length while navigating; and
          (4) every dredge and floating plant engaged in or 
        near a channel or fairway in operations likely to 
        restrict or affect navigation of other vessels--
shall have a radiotelephone capable of operation from its 
navigational bridge or, in the case of a dredge, from its main 
control station and capable of transmitting and receiving on 
the frequency or frequencies within the 156--162 Mega-Hertz 
band using the classes of emissions designated by the Federal 
Communications Commission, after consultation with other 
cognizant agencies, for the exchange of navigational 
information.
  (b) Vessels Upon Navigable Waters of United States Inside 
High Seas Lines.--The radiotelephone required by subsection (a) 
shall be carried on board the described vessels, dredges, and 
floating plants upon the navigable waters of the United States 
inside the lines established pursuant to section 2 of the Act 
of February 19, 1895 (28 Stat. 672), as amended.

             CHAPTER 25. PORTS AND WATERWAYS SAFETY PROGRAM

Sec. 1223. Vessel operating requirements

  (a) In General.--Subject to the requirements of section 5, 
the Secretary--
          (1) in any port or place under the jurisdiction of 
        the United States, in the navigable waters of the 
        United States, or in any area covered by an 
        international agreement negotiated pursuant to section 
        11, may construct, operate, maintain, improve, or 
        expand vessel traffic services, consisting of measures 
        for controlling or supervising vessel traffic or for 
        protecting navigation and the marine environment and 
        may include, but need not be limited to one or more of 
        the following: reporting and operating requirements, 
        surveillance and communications systems, routing 
        systems, and fairways;
          (2) shall require appropriate vessels which operate 
        in an area of a vessel traffic service to utilize or 
        comply with that service;
          (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;
          (4) may control vessel traffic in areas subject to 
        the jurisdiction of the United States which the 
        Secretary determines to be hazardous, or under 
        conditions of reduced visibility, adverse weather, 
        vessel congestion, or other hazardous circumstances 
        by--
                  (A) specifying times of entry, movement, or 
                departure;
                  (B) establishing vessel traffic routing 
                schemes;
                  (C) establishing vessel size, speed, draft 
                limitations and vessel operating conditions; 
                and
                  (D) restricting operation, in any hazardous 
                area or under hazardous conditions, to vessels 
                which have particular operating characteristics 
                or capabilities which he considers necessary 
                for safe operation under the circumstances; and
                  (5) may require the receipt of prearrival 
                messages from any vessel, destined for a port 
                or place subject to the jurisdiction of the 
                United States, in sufficient time to permit 
                advance vessel traffic planning prior to port 
                entry, which shall include any information 
                which is not already a matter of record and 
                which the Secretary determines necessary for 
                the control of the vessel and the safety of the 
                port or the marine environment.
  (b) Special Powers.--The Secretary may order any vessel, in a 
port or place subject to the jurisdiction of the United States 
or in the navigable waters of the United States, to operate or 
anchor in a manner he directs if--
          (1) he has reasonable cause to believe such vessel 
        does not comply with any regulation issued under this 
        Act or any other applicable law or treaty;
          (2) he determines that such vessel does not satisfy 
        the conditions for port entry set forth in section 9; 
        or
          (3) by reason of weather, visibility, sea conditions, 
        port congestion, other hazardous circumstances, or the 
        condition of such vessel, he is satisfied that such 
        directive is justified in the interest of safety.
  (c) Port Access Routes.--
          (1) In order to provide safe access routes for the 
        movement of vessel traffic proceeding to or from ports 
        or places subject to the jurisdiction of the United 
        States, and subject to the requirements of paragraph 
        (3) hereof, the Secretary shall designate necessary 
        fairways and traffic separation schemes for vessels 
        operating in the territorial sea of the United States 
        and in high seas approaches, outside the territorial 
        sea, to such ports or places. Such a designation shall 
        recognize, within the designated area, the paramount 
        right of navigation over all other uses.
          (2) No designation may be made by the Secretary 
        pursuant to this subsection, if such a designation, as 
        implemented, would deprive any person of the effective 
        exercise of a right granted by a lease or permit 
        executed or issued under other applicable provisions of 
        law: Provided, That such right has become vested prior 
        to the time of publication of the notice required by 
        clause (A) of paragraph (3) hereof: Provided further, 
        That the determination as to whether the designation 
        would so deprive any such person shall be made by the 
        Secretary, after consultation with the responsible 
        official under whose authority the lease was executed 
        or the permit issued.
          (3) Prior to making a designation pursuant to 
        paragraph (1) hereof, and in accordance with the 
        requirements of section 5, the Secretary shall--
                  (A) within six months after date of enactment 
                of this Act (and may, from time to time 
                thereafter), undertake a study of the potential 
                traffic density and the need for safe access 
                routes for vessels in any area for which 
                fairways or traffic separation schemes are 
                proposed or which may otherwise be considered 
                and shall publish notice of such undertaking in 
                the Federal Register;
                  (B) in consultation with the Secretary of 
                State, the Secretary of the Interior, the 
                Secretary of Commerce, the Secretary of the 
                Army, and the Governors of affected States, as 
                their responsibilities may require, take into 
                account all other uses of the area under 
                consideration (including, as appropriate, the 
                exploration for, or exploitation of, oil, gas, 
                or other mineral resources, the construction or 
                operation of deepwater ports or other 
                structures on or above the seabed or subsoil of 
                the submerged lands or the Outer Continental 
                Shelf of the United States, the establishment 
                or operation of marine or estuarine 
                sanctuaries, and activities involving 
                recreational or commercial fishing); and
                  (C) to the extent practicable, reconcile the 
                need for safe access routes with the needs of 
                all other reasonable uses of the area involved.
          (4) In carrying out his responsibilities under 
        paragraph (3), the Secretary shall proceed 
        expeditiously to complete any study undertaken. 
        Thereafter, he shall promptly issue a notice of 
        proposed rulemaking for the designation contemplated or 
        shall have published in the Federal Register a notice 
        that no designation is contemplated as a result of the 
        study and the reason for such determination.
          (5) In connection with a designation made pursuant to 
        this subsection, the Secretary--
                  (A) shall issue reasonable rules and 
                regulations governing the use of such 
                designated areas, including the applicability 
                of rules 9 and 10 of the International 
                Regulations for Preventing Collisions at Sea, 
                1972, relating to narrow channels and traffic 
                separation schemes, respectively, in waters 
                where such regulations apply;
                  (B) to the extent that he finds reasonable 
                and necessary to effectuate the purposes of the 
                designation, make the use of designated 
                fairways and traffic separation schemes 
                mandatory for specific types and sizes of 
                vessels, foreign and domestic, operating in the 
                territorial sea of the United States and for 
                specific types and sizes of vessels of the 
                United States operating on the high seas beyond 
                the territorial sea of the United States;
                  (C) may, from time to time, as necessary, 
                adjust the location or limits of designated 
                fairways or traffic separation schemes, in 
                order to accommodate the needs of other uses 
                which cannot be reasonably accommodated 
                otherwise: Provided, That such an adjustment 
                will not, in the judgment of the Secretary, 
                unacceptably adversely affect the purpose for 
                which the existing designation was made and the 
                need for which continues; and
                  (D) shall, through appropriate channels, (i) 
                notify cognizant international organizations of 
                any designation, or adjustment thereof, and 
                (ii) take action to seek the cooperation of 
                foreign States in making it mandatory for 
                vessels under their control to use any fairway 
                or traffic separation scheme designated 
                pursuant to this subsection in any area of the 
                high seas, to the same extent as required by 
                the Secretary for vessels of the United States.
  (d) Exception.--Except pursuant to international treaty, 
convention, or agreement, to which the United States is a 
party, this Act shall not apply to any foreign vessel that is 
not destined for, or departing from, a port or place subject to 
the jurisdiction of the United States and that is in--
          (1) innocent passage through the territorial sea of 
        the United States, or
          (2) transit through the navigable waters of the 
        United States which form a part of an international 
        strait.
          * * * * * * *

Sec. 1231a. Towing Safety Advisory Committee

  (a) Establishment; Membership.--There is established a Towing 
Safety Advisory Committee (hereinafter referred to as the 
``Committee''). The Committee shall consist of sixteen members 
with particular expertise, knowledge, and experience regarding 
shallow-draft inland and coastal waterway navigation and towing 
safety follows:
          (1) seven members from the barge and towing industry, 
        reflecting a regional geographic balance;
          (2) one member from the offshore mineral and oil 
        supply vessel industry; and
          (3) two members from each of the following--
                  (A) port districts, authorities, or terminal 
                operators;
                  (B) maritime labor;
                  (C) shippers (of whom at least one shall be 
                engaged in the shipment of oil or hazardous 
                materials by barge); and
                  (D) the general public.
    (b) Appointments; Chairman, Vice Chairman, and Observers; 
Publication in Federal Register.--The Secretary of the 
department in which the Coast Guard is operating (hereinafter 
referred to as the ``Secretary") shall appoint the members of 
the Committee. The Secretary shall designate one of the members 
of the committee as the Chairman and one of the members as the 
Vice Chairman. The Vice chairman shall act as Chairman in the 
absence or incapacity of, or in the event of a vacancy in the 
office of, the Chairman. The Secretary may request the 
Secretary of the Army and the Secretary of Commerce to each 
designate a representative to participate as an observer on the 
Committee. The Secretary shall, not less often than once a 
year, publish notice in the Federal Register for solicitation 
of nominations for membership on the Committee.
    (c) Functions; Meetings; Public Proceedings and Records; 
Disclosures to Congress.--The Committee shall advise, consult 
with, and make recommendations to the Secretary on matters 
relating to shallow-draft inland and coastal waterway 
navigation and towing safety. Any advice or recommendation made 
by the Committee to the Secretary shall reflect the independent 
judgment of the Committee on the matter concerned. The 
Secretary shall consult with the Committee before taking any 
significant action affecting shallow-draft inland and coastal 
waterway navigation and towing safety. The Committee shall meet 
at the call of the Secretary, but in any event not less than 
once during each calendar year. All proceedings of the 
Committee shall be open to the public, and a record of the 
proceedings shall be made available for public inspection. The 
Committee is authorized to make available to Congress any 
information, advice, and recommendations which the Committee is 
authorized to give to the Secretary.
    (d) Compensation and Travel Expenses; Administrative 
Services; Personnel; Authorization of Appropriations.--Members 
of the Committee who are not officers or employees of the 
United States shall serve without pay and members of the 
Committee who are officers or employees of the United States 
shall receive no additional pay on account of their service on 
the Committee. While away from their homes or regular places of 
business, members of the Committee may be allowed travel 
expenses, including per diem in lieu of subsistence, as 
authorized by section 5703 of title 5, United States Code. The 
Secretary shall furnish to the Committee an executive secretary 
and such secretarial, clerical, and other services as are 
considered necessary for the conduct of its business. There are 
authorized to be appropriated such sums as may be necessary to 
implement the provisions of this subsection.
    (e) Termination.--Unless extended by subsequent Act of 
Congress, the Committee shall terminate on [September 30, 
1995.] September 30, 2000.

   CHAPTER 26. WATER POLLUTION PREVENTION AND CONTROL STANDARDS AND 
                              ENFORCEMENT

Sec. 1322. Marine sanitation devices

  (a) Definitions.--For the purpose of this section, the term--
          (1) ``new vessel'' includes every description of 
        watercraft or other artificial contrivance used, or 
        capable of being used, as a means of transportation on 
        the navigable waters, the construction of which is 
        initiated after promulgation of standards and 
        regulations under this section;
          (2) ``existing vessel'' includes every description of 
        watercraft or other artificial contrivance used, or 
        capable of being used, as a means of transportation on 
        the navigable waters, the construction of which is 
        initiated before promulgation of standards and 
        regulations under this section;
          (3) ``public vessel'' means a vessel owned or 
        bareboat chartered and operated by the United States, 
        by a State or political subdivision thereof, or by a 
        foreign nation, except when such vessel is engaged in 
        commerce;
          (4) ``United States'' includes the States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        the Virgin Islands, Guam, American Samoa, the Canal 
        Zone, and the Trust Territory of the Pacific Islands;
          (5) ``marine sanitation device'' includes any 
        equipment for installation on board a vessel which is 
        designed to receive, retain, treat, or discharge 
        sewage, and any process to treat such sewage;
          (6) ``sewage'' means human body wastes and the wastes 
        from toilets and other receptacles intended to receive 
        or retain body wastes except that, with respect to 
        commercial vessels on the Great Lakes, such term shall 
        include graywater;
          (7) ``manufacturer'' means any person engaged in the 
        manufacturing, assembling, or importation of marine 
        sanitation devices or of vessels subject to standards 
        and regulations promulgated under this section;
          (8) ``person'' means an individual, partnership, 
        firm, corporation, or association, but does not include 
        an individual on board a public vessel;
          (9) ``discharge'' includes, but is not limited to, 
        any spilling, leaking, pumping, pouring, emitting, 
        emptying or dumping;
          (10) ``commercial vessels'' means those vessels used 
        in the business of transporting property for 
        compensation or hire, or in transporting property in 
        the business of the owner, lessee, or operator of the 
        vessel;
          (11) ``graywater'' means galley, bath, and shower 
        water.
  (b) Federal Standards of Performance.--
          (1) As soon as possible, after the enactment of this 
        section and subject to the provisions of section 104(j) 
        of this Act, the Administrator, after consultation with 
        the Secretary of the department in which the Coast 
        Guard is operating, after giving appropriate 
        consideration to the economic costs involved, and 
        within the limits of available technology, shall 
        promulgate Federal standards of performance for marine 
        sanitation devices (hereafter in this section referred 
        to as ``standards'') which shall be designed to prevent 
        the discharge of untreated or inadequately treated 
        sewage into or upon the navigable waters from new 
        vessels and existing vessels, except vessels not 
        equipped with installed toilet facilities. Such 
        standards and standards established under subsection 
        (c)(1)(B) of this section shall be consistent with 
        maritime safety and the marine and navigation laws and 
        regulations and shall be coordinated with the 
        regulations issued under this subsection by the 
        Secretary of the department in which the Coast Guard is 
        operating. The Secretary of the department in which the 
        Coast Guard is operating shall promulgate regulations, 
        which are consistent with standards promulgated under 
        this subsection and subsection (c) of this section and 
        with maritime safety and the marine and navigation laws 
        and regulations governing the design, construction, 
        installation, and operation of any marine sanitation 
        device on board such vessels.
          (2) Any existing vessel equipped with a marine 
        sanitation device on the date of promulgation of 
        initial standards and regulations under this section, 
        which device is in compliance with such initial 
        standards and regulations, shall be deemed in 
        compliance with this section until such time as the 
        device is replaced or is found not to be in compliance 
        with such initial standards and regulations.
  (c) Initial Standards; Effective Dates; Revision; Waiver.--
          (1)(A) Initial standards and regulations under this 
        section shall become effective for new vessels two 
        years after promulgation; and for existing vessels five 
        years after promulgation. Revisions of standards and 
        regulations shall be effective upon promulgation, 
        unless another effective date is specified, except that 
        no revision shall take effect before the effective date 
        of the standard or regulation being revised.
          (B) The Administrator shall, with respect to 
        commercial vessels on the Great Lakes, establish 
        standards which require at a minimum the equivalent of 
        secondary treatment as defined under section 304(d) of 
        this Act. Such standards and regulations shall take 
        effect for existing vessels after such time as the 
        Administrator determines to be reasonable for the 
        upgrading of marine sanitation devices to attain such 
        standard.
          (2) The Secretary of the department in which the 
        Coast Guard is operating with regard to his regulatory 
        authority established by this section, after 
        consultation with the Administrator, may distinguish 
        among classes, type, and sizes of vessels as as well as 
        between new and existing vessels, and may waive 
        applicability of standards and regulations as necessary 
        or appropriate for such classes, types, and sizes of 
        vessels (including existing vessels equipped with 
        marine sanitation devices on the date of promulgation 
        of the initial standards required by this section), 
        and, upon application, for individual vessels.
  (d) Vessels Owned and Operated by the United States.--The 
provisions of this section and the standards and regulations 
promulgated hereunder apply to vessels owned and operated by 
the United States unless the Secretary of Defense finds that 
compliance would not be in the interest of national security. 
With respect to vessels owned and operated by the Department of 
Defense, regulations under the last sentence of subsection 
(b)(1) of this section and certifications under subsection 
(g)(2) of this section shall be promulgated and issued by the 
Secretary of Defense.
  (e) Pre-promulgation Consultation.--Before the standards and 
regulations under this section are promulgated, the 
Administrator and the Secretary of the department in which the 
Coast Guard is operating shall consult with the Secretary of 
State; the Secretary of Health, Education, and Welfare; the 
Secretary of Defense; the Secretary of the Treasury; the 
Secretary of Commerce; other interested Federal agencies; and 
the States and industries interested; and otherwise comply with 
the requirements of section 553 of title 5 of the United States 
Code.
  (f) Regulation by States or Political Subdivisions Thereof; 
Complete Prohibition Upon Discharge of Sewage.
          (1)(A) Except as provided in subparagraph (B), after 
        the effective date of the initial standards and 
        regulations promulgated under this section, no State or 
        political subdivision thereof shall adopt or enforce 
        any statute or regulation of such State or political 
        subdivision with respect to the design, manufacture, or 
        installation or use of any marine sanitation device on 
        any vessel subject to the provisions of this section.
          (B) A State may adopt and enforce a statute or 
        regulation with respect to the design, manufacture, or 
        installation or use of any marine sanitation device on 
        a houseboat, if such statute or regulation is more 
        stringent than the standards and regulations 
        promulgated under this section. For purposes of this 
        paragraph, the term ``houseboat'' means a vessel which, 
        for a period of time determined by the State in which 
        the vessel is located, is used primarily as a residence 
        and is not used primarily as a means of transportation.
          (2) If, after promulgation of the initial standards 
        and regulations and prior to their effective date, a 
        vessel is equipped with a marine sanitation device in 
        compliance with such standards and regulations and the 
        installation and operation of such device is in 
        accordance with such standards and regulations, such 
        standards and regulations shall, for the purposes of 
        paragraph (1) of this subsection, become effective with 
        respect to such vessel on the date of such compliance.
          (3) After the effective date of the initial standards 
        and regulations promulgated under this section, if any 
        State determines that the protection and enhancement of 
        the quality of some or all of the waters within such 
        State require greater environmental protection, such 
        State may completely prohibit the discharge from all 
        vessels of any sewage, whether treated or not, into 
        such waters, except that no such prohibition shall 
        apply until the Administrator determines that adequate 
        facilities for the safe and sanitary removal and 
        treatment of sewage from all vessels are reasonably 
        available for such waters to which such prohibition 
        would apply. Upon application of the State, the 
        Administrator shall make such determination within 90 
        days of the date of such application.
          (4)(A) If the Administrator determines upon 
        application by a State that the protection and 
        enhancement of the quality of specified waters within 
        such State requires such a prohibition, he shall by 
        regulation completely prohibit the discharge from a 
        vessel of any sewage (whether treated or not) into such 
        waters.
          (B) Upon application by a State, the Administrator 
        shall, by regulation, establish a drinking water intake 
        zone in any waters within such State and prohibit the 
        discharge of sewage from vessels within that zone.
  (g) Sales Limited to Certified Devices; Certification of Test 
Device; Recordkeeping; Reports.
          (1) No manufacturer of a marine sanitation device 
        shall sell, offer for sale, or introduce or deliver for 
        introduction in interstate commerce, or import into the 
        United States for sale or resale any marine sanitation 
        device manufactured after the effective date of the 
        standards and regulations promulgated under this 
        section unless such device is in all material respects 
        substantially the same as a test device certified under 
        this subsection.
          (2) Upon application of the manufacturer, the 
        Secretary of the department in which the Coast Guard is 
        operating shall so certify a marine sanitation device 
        if he determines, in accordance with the provisions of 
        this paragraph, that it meets the appropriate standards 
        and regulations promulgated under this section. The 
        Secretary of the department in which the Coast Guard is 
        operating shall test or require such testing of the 
        device in accordance with procedures set forth by the 
        Administrator as to standards of performance and for 
        such other purposes as may be appropriate. If the 
        Secretary of the department in which the Coast Guard is 
        operating determines that the device is satisfactory 
        from the standpoint of safety and any other 
        requirements of maritime law or regulation, and after 
        consideration of the design, installation, operation, 
        material, or other appropriate factors, he shall 
        certify the device. Any device manufactured by such 
        manufacturer which is in all material respects 
        substantially the same as the certified test device 
        shall be deemed to be in conformity with the 
        appropriate standards and regulations established under 
        this section.
          (3) Every manufacturer shall establish and maintain 
        such records, make such reports, and provide such 
        information as the Administrator or the Secretary of 
        the department in which the Coast Guard is operating 
        may reasonably require to enable him to determine 
        whether such manufacturer has acted or is acting in 
        compliance with this section and regulations issued 
        thereunder and shall, upon request of an officer or 
        employee duly designated by the Administrator or the 
        Secretary of the department in which the Coast Guard is 
        operating, permit such officer or employee at 
        reasonable times to have access to and copy such 
        records. All information reported to or otherwise 
        obtained by the Administrator or the Secretary of the 
        department in which the Coast Guard is operating or 
        their representatives pursuant to this subsection which 
        contains or relates to a trade secret or other matter 
        referred to in section 1905 of title 18 of the United 
        States Code shall be considered confidential for the 
        purpose of that section, except that such information 
        may be disclosed to other officers or employees 
        concerned with carrying out this section. This 
        paragraph shall not apply in the case of the 
        construction of a vessel by an individual for his own 
        use.
  (h) Sale and Resale of Properly Equipped Vessels; Operability 
of Certified Marine Sanitation Devices.--After the effective 
date of standards and regulations promulgated under this 
section, it shall be unlawful--
          (1) for the manufacturer of any vessel subject to 
        such standards and regulations to manufacture for sale, 
        to sell or offer for sale, or to distribute for sale or 
        resale any such vessel unless it is equipped with a 
        marine sanitation device which is in all material 
        respects substantially the same as the appropriate test 
        device certified pursuant to this section;
          (2) for any person, prior to the sale or delivery of 
        a vessel subject to such standards and regulations to 
        the ultimate purchaser, wrongfully to remove or render 
        inoperative any certified marine sanitation device or 
        element of design of such device installed in such 
        vessel;
          (3) for any person to fail or refuse to permit access 
        to or copying of records or to fail to make reports or 
        provide information required under this section; and
          (4) for a vessel subject to such standards and 
        regulations to operate on the navigable waters of the 
        United States, if such vessel is not equipped with an 
        operable marine sanitation device certified pursuant to 
        this section.
  (i) Jurisdiction to Restrain Violations; Contempts.--The 
district courts of the United States shall have jurisdictions 
to restrain violations of subsection (g)(1) of this section and 
subsections (h)(1) through (3) of this section. Actions to 
restrain such violations shall be brought by, and in, the name 
of the United States. In case of contumacy or refusal to obey a 
subpena served upon any person under this subsection, the 
district court of the United States for any district in which 
such person is found or resides or transacts business, upon 
application by the United States and after notice to such 
person, shall have jurisdiction to issue an order requiring 
such person to appear and give testimony or to appear and 
produce documents, and any failure to obey such order of the 
court may be punished by such court as a contempt thereof.
  (j) Penalties.--Any person who violates subsection (g)(1) of 
this section or clause (1) or (2) of subsection (h) of this 
section shall be liable to a civil penalty of not more than $ 
5,000 for each violation. Any person who violates clause (4) of 
subsection (h) of this section or any regulation issued 
pursuant to this section shall be liable to a civil penalty of 
not more than $2,000 for each violation. Each violation shall 
be a separate offense. The Secretary of the department in which 
the Coast Guard is operating may assess and compromise any such 
penalty. No penalty shall be assessed until the person charged 
shall have been given notice and an opportunity for a hearing 
on such charge. In determining the amount of the penalty, or 
the amount agreed upon in compromise, the gravity of the 
violation, and the demonstrated good faith of the person 
charged in attempting to achieve rapid compliance, after 
notification of a violation, shall be considered by said 
Secretary.
  (k) Enforcement Authority.--The provisions of this section 
shall be enforced by the Secretary of the department in which 
the Coast Guard is operating and he may utilize by agreement, 
with or without reimbursement, law enforcement officers or 
other personnel and facilities of the Administrator, other 
Federal agencies, or the States to carry out the provisions of 
this section. The provisions of this section may also be 
enforced by a State.
  (l) Boarding and Inspection of Vessels; Execution of Warrants 
and Other Process.--Anyone authorized by the Secretary of the 
department in which the Coast Guard is operating to enforce the 
provisions of this section may, except as to public vessels, 
(1) board and inspect any vessel upon the navigable waters of 
the United States and (2) execute any warrant or other process 
issued by an officer or court of competent jurisdiction.
  (m) Enforcement in United States Possessions.--In the case of 
Guam and the Trust Territory of the Pacific Islands, actions 
arising under this section may be brought in the district court 
of Guam, and in the case of the Virgin Islands such actions may 
be brought in the district court of the Virgin Islands. In the 
case of American Samoa and the Trust Territory of the Pacific 
Islands, such actions may be brought in the District Court of 
the United States for the District of Hawaii and such court 
shall have jurisdiction of such actions. In the case of the 
Canal Zone, such actions may be brought in the District Court 
for the District of the Canal Zone.

                         [33 u.s.c. 1322 note]

SEC. 5601. SHORT TITLE

  This subtitle may be cited as the ``Clean Vessel Act of 
1992''.
          * * * * * * *

SEC. 5604. FUNDING

          * * * * * * *
  (c) Grant Program.
          (1) Matching grants.--The Secretary of the Interior 
        may obligate an amount not to exceed the amount made 
        available under [section 4(b)(2)of the Act of August 9, 
        1950 (16 U.S.C. 777c(b)(2), as amended by this Act),] 
        section 4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 
        777c(b)(1)), to make grants to--
                  (A) coastal States to pay not more than 75 
                percent of the cost to a coastal State of--
                          (i) conducting a survey under section 
                        5603(a);
                          (ii) developing and submitting a plan 
                        and accompanying list under section 
                        5603(b);
                          (iii) constructing and renovating 
                        pumpout stations and waste reception 
                        facilities; and
                          (iv) conducting a program to educate 
                        recreational boaters about the problem 
                        of human body waste discharges from 
                        vessels and inform them of the location 
                        of pumpout stations and waste reception 
                        facilities.
                  (B) inland States, which can demonstrate to 
                the Secretary of the Interior that there are an 
                inadequate number of pumpout stations and waste 
                reception facilities to meet the needs of 
                recreational vessels in the waters of that 
                State, to pay 75 percent of the cost to that 
                State of--
                          (i) constructing and renovating 
                        pumpout stations and waste reception 
                        facilities in the inland State; and
                          (ii) conducting a program to educate 
                        recreational boaters about the problem 
                        of human body waste discharges from 
                        vessels and inform them of the location 
                        of pumpout stations and waste reception 
                        facilities.
          (2) Priority.--In awarding grants under this 
        subsection, the Secretary of the Interior shall give 
        priority consideration to grant applications that--
                  (A) in coastal States, propose constructing 
                and renovating pumpout stations and waste 
                reception facilities in accordance with a 
                coastal State's plan approved under section 
                5603(c);
                  (B) provide for public/private partnership 
                efforts to develop and operate pump outstations 
                and waste receptions facilities; and
                  (C) propose innovative ways to increase the 
                availability and use of pump outstations and 
                waste reception facilities.
  (d) Disclaimer.--Nothing in this subtitle shall be 
interpreted to preclude a State from carrying out the 
provisions of this subtitle with funds other than those 
described in this section.
          * * * * * * *

             CHAPTER 33. PREVENTION OF POLLUTION FROM SHIPS

Sec.  1902. Ships subject to preventive measures

  (a) Included Vessels.--This Act shall apply--
          (1) to a ship of United States registry or 
        nationality, or one operated under the authority of the 
        United States, wherever located;
          (2) with respect to Annexes I and II to the 
        Convention, to a ship, other than a ship referred to in 
        paragraph (1), while in the navigable waters of the 
        United States;
          (3) with respect to the requirements of Annex V to 
        the Convention, to a ship, other than a ship referred 
        to in paragraph (1), while in the navigable waters or 
        the exclusive economic zone of the United States; and
          (4) with respect to regulations prescribed under 
        section 6 of this Act, any port or terminal in the 
        United States.
  (b) Excluded Vessels.--
          (1) Except as provided in paragraph (2), this Act 
        shall not apply to--
                  (A) a warship, naval auxiliary, or other ship 
                owned or operated by the United States when 
                engaged in noncommercial service; or
                  (B) any other ship specifically excluded by 
                the MARPOL Protocol.
          (2)(A) Notwithstanding any provision of the MARPOL 
        Protocol, and subject to subparagraph (B) of this 
        paragraph, the requirements of Annex V to the 
        Convention shall apply as follows:
                  (i) After December 31, 1993, to all ships 
                referred to in paragraph (1)(A) of this 
                subsection other than those owned or operated 
                by the Department of the Navy.
                  (ii) Except as provided in subsection (c) of 
                this section, after December 31, 1998, to all 
                ships referred to in paragraph (1)(A) of this 
                subsection other than submersibles owned or 
                operated by the Department of the Navy.
                  (iii) Except as provided in subsection (c) of 
                this section, after December 31, 2008, to all 
                ships referred to in paragraph (1)(A) of this 
                subsection.
          (B) This paragraph shall not apply during time of war 
        or a declared national emergency.
  (c) Discharges in Special Areas.--
          (1) Not later than December 31, 2000, all surface 
        ships owned or operated by the Department of the Navy, 
        and not later than December 31, 2008, all submersibles 
        owned or operated by the Department of the Navy, shall 
        comply with the special area requirements of Regulation 
        5 of Annex V to the Convention.
          (2) Not later than 3 years after the date of the 
        enactment of the National Defense Authorization Act for 
        Fiscal Year 1994, the Secretary of the Navy shall, in 
        consultation with the Secretary of State, the Secretary 
        of Commerce, the Secretary of Transportation, and the 
        Administrator of the Environmental Protection Agency, 
        submit to the Congress a plan for the compliance by all 
        ships owned or operated by the Department of the Navy 
        with the requirements set forth in paragraph (1) of 
        this subsection. Such plan shall be submitted after 
        opportunity for public participation in its 
        preparation, and for public review and comment.
          (3) If the Navy plan for compliance demonstrates that 
        compliance with the requirements set forth in paragraph 
        (1) of this subsection is not technologically feasible 
        in the case of certain ships under certain 
        circumstances, the plan shall include information 
        describing--
                  (A) the ships for which full compliance with 
                the requirements of paragraph (1) of this 
                subsection is not technologically feasible;
                  (B) the technical and operational impediments 
                to achieving such compliance;
                  (C) a proposed alternative schedule for 
                achieving such compliance as rapidly as is 
                technologically feasible; and
                  (D) such other information as the Secretary 
                of the Navy considers relevant and appropriate.
          (4) Upon receipt of the compliance plan under 
        paragraph (2) of this subsection, the Congress may 
        modify the applicability of paragraph (1) of this 
        subsection, as appropriate.
  (d) Regulations.--The Secretary shall prescribe regulations 
applicable to the ships of a country not a party to the MARPOL 
Protocol, including regulations conforming to and giving effect 
to the requirements of Annex V as they apply under subsection 
(a) of section 3, to ensure that their treatment is not more 
favorable than that accorded ships to parties to the MARPOL 
Protocol.
  (e) Compliance by Excluded Vessels.--
          (1) The Secretary of the Navy shall develop and, as 
        appropriate, support the development of technologies 
        and practices for solid waste management aboard ships 
        owned or operated by the Department of the Navy, 
        including technologies and practices for the reduction 
        of the waste stream generated aboard such ships, that 
        are necessary to ensure the compliance of such ships 
        with Annex V to the Convention on or before the dates 
        referred to in subsections (b)(2)(A) and (c)(1) of this 
        section.
          (2) Notwithstanding any effective date of the 
        application of this section to a ship, the provisions 
        of Annex V to the Convention with respect to the 
        disposal of plastic shall apply to ships equipped with 
        plastic processors required for the long-term 
        collection and storage of plastic aboard ships of the 
        Navy upon the installation of such processors in such 
        ships.
          (3) Except when necessary for the purpose of securing 
        the safety of the ship, the health of the ship's 
        personnel, or saving life at sea, it shall be a 
        violation of this Act for a ship referred to in 
        subsection (b)(1)(A) of this section that is owned or 
        operated by the Department of the Navy:
                  (A) With regard to a submersible, to 
                discharge buoyant garbage or garbage that 
                contains more than the minimum amount 
                practicable of plastic.
                  (B) With regard to a surface ship, to 
                discharge plastic contaminated by food during 
                the last 3 days before the ship enters port.
                  (C) With regard to a surface ship, to 
                discharge plastic, except plastic that is 
                contaminated by food, during the last 20 days 
                before the ship enters port.
          (4) The Secretary of Defense shall publish in the 
        Federal Register:
                  (A) Beginning on October 1, 1994, and each 
                year thereafter until October 1, 2000, the 
                amount and nature of the discharges in special 
                areas, not otherwise authorized under Annex V 
                to the Convention, during the preceding year 
                from ships referred to in subsection (b)(1)(A) 
                of this section owned or operated by the 
                Department of the Navy.
                  (B) Beginning on October 1, 1996, and each 
                year thereafter until October 1, 1998, a list 
                of the names of such ships equipped with 
                plastic processors pursuant to section 1003(e) 
                of the National Defense Authorization Act for 
                Fiscal Year 1994.
  (f) Waiver Authority.--The President may waive the effective 
dates of the requirements set forth in subsection (c) of this 
section and in subsection 1003(e) of the National Defense 
Authorization Act for Fiscal Year 1994 if the President 
determines it to be in the paramount interest of the United 
States to do so. Any such waiver shall be for a period not in 
excess of one year. The President shall submit to the Congress 
each January a report on all waivers from the requirements of 
this section granted during the preceding calendar year, 
together with the reasons for granting such waivers.
  (g) Noncommercial Shipping Standards.--The heads of Federal 
departments and agencies shall prescribe standards applicable 
to ships excluded from this Act by subsection (b)(1) of this 
section and for which they are responsible. Standards 
prescribed under this subsection shall ensure, so far as is 
reasonable and practicable without impairing the operations or 
operational capabilities of such ships, that such ships act in 
a manner consistent with the MARPOL Protocol.

                         [33 U.S.C. 1902 note]

  Compliance reports. Act Dec. 29, 1987, P.L. 100-220, Title 
II, Subtitle B, Sec. 2201, 101 Stat. 1464, prospectively 
effective as provided by Sec. 2002 of such Act, which appears 
as 33 USCS Sec. 1901 note, provides:
  ``(a) In General.--Within 1 year after the effective date of 
this section, and biennially thereafter [for a period of 6 
years,] the Secretary of the department in which the Coast 
Guard is operating, in consultation with the Secretary of 
Agriculture and the Secretary of Commerce, shall report to the 
Congress regarding compliance with Annex V to the International 
Convention for the Prevention of Pollution from Ships, 1973, in 
United States waters and, not later than 1 year after the date 
of enactment of the Coast Guard Authorization Act of 1995, and 
annually thereafter, shall publish in the Federal Register a 
list of the enforcement actions taken against any domestic or 
foreign ship (including any commercial or recreational ship) 
pursuant to the Act to Prevent Pollution from Ships (33 U.S.C. 
1901 et seq.).
  ``(b) Report on Inability To Comply.--Within 3 years after 
the effective date of this section, the head of each Federal 
agency that operates or contracts for the operation of any ship 
referred to in section 3(b)(1)(A) of the Act to Prevent 
Pollution from Ships that may not be able to comply with the 
requirements of that section shall report to the Congress 
describing--
          ``(1) the technical and operational impediments to 
        achieving that compliance;
          ``(2) an alternative schedule for achieving that 
        compliance as rapidly as is technologically feasible;
          ``(3) the ships operated or contracted for operation 
        by the agency for which full compliance with section 
        3(b)(2)(A) is not technologically feasible; and
          ``(4) any other information which the agency head 
        considers relevant andappropriate.
  ``(c) Congressional Action.--Upon receipt of the compliance 
report under subsection (b), the Congress shall modify the 
applicability of Annex V to ships referred to in section 
3(b)(1)(A) of the Act to Prevent Pollution from Ships, as may 
be appropriate with respect to the requirements of Annex V to 
the Convention.''.
          * * * * * * *

Sec. 1905. Pollution reception facilities

  (a) Adequacy; Criteria.--
          (1) The Secretary, after consultation with the 
        Administrator of the Environmental Protection Agency, 
        shall establish regulations setting criteria for 
        determining the adequacy of a port's or terminal's 
        reception facilities for mixtures containing oil or 
        noxious liquid substances and shall establish 
        procedures whereby a person in charge of a port or 
        terminal may request the Secretary to certify that the 
        port's or terminal's facilities for receiving the 
        residues and mixtures containing oil or noxious liquid 
        substance from seagoing ships are adequate.
          (2) The Secretary, after consulting with appropriate 
        Federal agencies, shall establish regulations setting 
        criteria for determining the adequacy of reception 
        facilities for garbage at a port or terminal, and 
        stating such additional measures and requirements as 
        are appropriate to ensure such adequacy. Persons in 
        charge of ports and terminals shall provide reception 
        facilities, or ensure that such facilities are 
        available, for receiving garbage in accordance with 
        those regulations.
  (b) Traffic Considerations.--In determining the adequacy of 
reception facilities required by the MARPOL Protocol at a port 
or terminal, and in establishing regulations under subsection 
(a) of this section, the Secretary may consider, among other 
things, the number and types of ships or seagoing ships using 
the port or terminal, including their principal trades.
  (c) Certificate; Issuance; Validity; Appeal of Suspension or 
Revocation.--
          (1) If reception facilities of a port or terminal 
        meet the requirements of Annex I and Annex II to the 
        Convention or of this Act and the regulations 
        prescribed under subsection (a)(1), the Secretary 
        shall, after consultation with the Administrator of the 
        Environmental Protection Agency, issue a certificate to 
        that effect to the applicant.
          [(2) If] (2)(A) subject to subparagraph (B), if 
        reception facilities of a port or terminal meet the 
        requirements of Annex V to the Convention and the 
        regulations prescribed under subsection (a)(2), the 
        Secretary may, after consultation with appropriate 
        Federal agencies, issue a certificate to that effect to 
        the person in charge of the port or terminal.
                  (B) The Secretary may not issue a certificate 
                attesting to the adequacy of reception 
                facilities under this paragraph unless, prior 
                to the issuance of the certificate, the 
                Secretary conducts an inspection of the 
                reception facilities of the port or terminal 
                that is the subject of the certificate.
                  (C) The Secretary may, with respect to 
                certificates issued under this paragraph prior 
                to the date of enactment of the Coast Guard 
                Authorization Act of 1995, prescribe by 
                regulation differing periods of validity for 
                such certificates.
          (3) A certificate issued under this subsection--
                  [(A) is valid until suspended or revoked by 
                the Secretary for cause or because of changed 
                conditions; and]
                  (A) is valid for the 5-year period beginning 
                on the date of issuance of the certificate, 
                except that if--
                          (i) the charge for operation of the 
                        port or terminal is transferred to a 
                        person or entity other than the person 
                        or entity that is the operator on the 
                        date of issuance of the certificate--
                                  (I) the certificate shall 
                                expire on the date that is 30 
                                days after the date of the 
                                transfer; and
                                  (II) the new operator shall 
                                be required to submit an 
                                application for a certificate 
                                before a certificate may be 
                                issued for the port or 
                                terminal; or
                          (ii) the certificate is suspended or 
                        revoked by the Secretary, the 
                        certificate shall cease to be valid; 
                        and
                  (B) shall be available for inspection upon 
                the request of the master, other person in 
                charge, or agent of a ship using or intending 
                to use the port or terminal.
          (4) The suspension or revocation of a certificate 
        issued under this subsection may be appealed to the 
        Secretary and acted on by the Secretary in the manner 
        prescribed by regulation.
  [(d) Publication in Federal Register; List of Certificated 
Ports or Terminals.--The Secretary shall periodically cause to 
be published in the Federal Register a list of the ports or 
terminals holding a valid certificate issued under this 
section.]
  (d)(1) The Secretary shall maintain a list of ports or 
terminals with respect to which a certificate issued under this 
section--
          (A) is in effect; or
          (B) has been revoked or suspended.
  (2) The Secretary shall make the list referred to in 
paragraph (1) available to the general public.
  (e) Entry; Denial.--Except in the case of force majeure, the 
Secretary shall deny entry to a seagoing ship required by the 
Convention to retain onboard while at sea, residues and 
mixtures containing oil or noxious liquid substances, if--
          (1) the port or terminal is one required by the 
        MARPOL Protocol or regulations hereunder to have 
        adequate reception facilities; and
          (2) the port or terminal does not hold a valid 
        certificate issued by the Secretary under this section.
  (f) Surveys.--(1) The Secretary is authorized to conduct 
surveys of existing reception facilities in the United States 
to determine measures needed to comply with the MARPOL 
Protocol.
    (2) Not later than 18 months after the date of enactment of 
the Coast Guard Authorization Act of 1995, the Secretary shall 
promulgate regulations that require the operator of each port 
or terminal that is subject to any requirement of the MARPOL 
Protocol relating to reception facilities to post a placard in 
a location that can easily be seen by port and terminal users. 
The placard shall state, at a minimum, that a user of a 
reception facility of the port or terminal should report to the 
Secretary any inadequacy of the reception facility.

                 CHAPTER 34. INLAND NAVIGATIONAL RULES

Sec.  2009. Narrow channels (Rule 9)

  (a) Keeping Near to Outer Limit of Channel or Fairway Which 
Lies on Vessel's Starboard Side; Exception.--
          (i) A vessel proceeding along the course of a narrow 
        channel or fairway shall keep as near to the outer 
        limit of the channel or fairway which lies on her 
        starboard side as is safe and practicable.
          (ii) Notwithstanding paragraph (a)(i) and Rule 14(a), 
        a power-driven vessel operating in narrow channels or 
        fairways on the Great Lakes, Western Rivers, or waters 
        specified by the Secretary, and proceeding downbound 
        with a following current shall have the right-of-way 
        over an upbound vessel, shall propose the manner and 
        place of passage, and shall initiate the maneuvering 
        signals prescribed by Rule 34(a)(i), as appropriate. 
        The vessel proceeding upbound against the current shall 
        hold as necessary to permit safe passing.
  (b) Vessels of Less Than 20 Meters in Length; Sailing 
Vessels.--A vessel of less than 20 meters in length or a 
sailing vessel shall not impede the passage of a vessel that 
can safely navigate only within a narrow channel or fairway.
  (c) Vessels Engaged in Fishing.--A vessel engaged in fishing 
shall not impede the passage of any other vessel navigating 
within a narrow channel or fairway.
  (d) Crossing Narrow Channels or Fairways.--A vessel shall not 
cross a narrow channel or fairway if such crossing impedes the 
passage of a vessel which can safely navigate only within that 
channel or fairway. The latter vessel shall use the danger 
signal prescribed in Rule 34(d) if in doubt as to the intention 
of the crossing vessel.
  (e) Overtaking Vessels.--
          [(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).;
          (ii) This Rule does not relieve the overtaking vessel 
        of her obligation under Rule 13.
  (f) Areas of Obscured Visibility Due to Intervening 
Obstructions.--A vessel nearing a bend or an area of a narrow 
channel or fairway where other vessels may be obscured by an 
intervening obstruction shall navigate with particular 
alertness and caution and shall sound the appropriate signal 
prescribed in Rule 34(e).
  (g) Avoidance of Anchoring in Narrow Channels.--Every vessel 
shall, if the circumstances of the case admit, avoid anchoring 
in a narrow channel.
          * * * * * * *

Sec. 2015. Crossing situation (Rule 15)

  (a) Vessel Which Must Keep Out of the Other Vessel's Way.--
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.
          * * * * * * *

Sec. 2023. Power-driven vessels underway (Rule 23)

  (a) Lights Exhibited by Power-driven Vessels Underway.--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;]
          (ii) a second masthead light abaft of and higher than 
        the forward one; except that a vessel of less than 50 
        meters in length shall not be obliged to exhibit such 
        light but may do so:
          (iii) sidelights; and
          (iv) a sternlight.
  (b) Air-cushion Vessels.--An air-cushion vessel when 
operating in the nondisplacement mode shall, in addition to the 
lights prescribed in paragraph (a) of this Rule, exhibit an 
all-round flashing yellow light where it can best be seen.
  (c) Alternative Lights for Power-driven Vessels of Less Than 
12 meters in Length.--A power-driven vessel of less than 12 
meters in length may, in lieu of the lights prescribed in 
paragraph (a) of this Rule, exhibit an all-round white light 
and sidelights.
  (d) Power-driven Vessels When Operating on Great Lakes.--A 
power-driven vessel when operating on the Great Lakes may carry 
an all-round white light in lieu of the second masthead light 
and sternlight prescribed in paragraph (a) of this Rule. The 
light shall be carried in the position of the second masthead 
light and be visible at the same minimum range.

Sec.  2024. Towing and pushing (Rule 24)

  (a) Power-driven Vessels When Towing Astern.--A power-driven 
vessel when towing astern shall exhibit:
          (i) instead of the light prescribed either in Rule 
        23(a)(i) or 23(a)(ii), two masthead lights in a 
        vertical line. When the length of the tow, measuring 
        from the stern of the towing vessel to the after end of 
        the tow exceeds 200 meters, three such lights in a 
        vertical line;
          (ii) sidelights;
          (iii) a sternlight;
          (iv) a towing light in a vertical line above the 
        sternlight; and
          (v) when the length of the tow exceeds 200 meters, a 
        diamond shape where it can best be seen.
  (b) Pushing Vessel and Pushed Vessel Rigidly Connected in 
Composite Unit.--When a pushing vessel and a vessel being 
pushed ahead are rigidly connected in a composite unit they 
shall be regarded as a power-driven vessel and exhibit the 
lights prescribed in Rule 23.
  (c) Power-driven Vessel When Pushing Ahead or Towing 
Alongside.--A power-driven vessel when pushing ahead or towing 
alongside, except as required by paragraphs (b) and (i) of this 
Rule, shall exhibit:
          (i) instead of the light prescribed either in Rule 
        23(a)(i) or 23(a)(ii), two masthead lights in a 
        vertical line;
          (ii) sidelights; and
          (iii) two towing lights in a vertical line.
  (d) Compliance With Other Requirements.--A power-driven 
vessel to which paragraphs (a) or (c) of this Rule apply shall 
also comply with Rule 23(a)(i) and 23(a)(ii).
  (e) Vessels Being Towed.--A vessel or object other than those 
referred to in paragraph (g) of this Rule being towed shall 
exhibit:
          (i) sidelights;
          (ii) a sternlight; and
          (iii) when the length of the tow exceeds 200 meters, 
        a diamond shape where it can best be seen.
  [(f) Vessels Being Towed Alongside or Pushed in a Group.--
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.
  (g) Inconspicuous, Partly Submerged Vessel or Object Being 
Towed.--An inconspicuous, partly submerged vessel or object 
being towed shall exhibit:
          (i) if it is less than 25 meters in breadth, one all-
        round white light at or near each end;
          (ii) if it is 25 meters or more in breadth, four all-
        round white lights to mark its length and breadth;
          (iii) if it exceeds 100 meters in length, additional 
        all-round white lights between the lights prescribed in 
        subparagraphs (i) and (ii) so that the distance between 
        the lights shall not exceed 100 meters: Provided, That 
        any vessels or objects being towed alongside each other 
        shall be lighted as one vessel or object;
          (iv) a diamond shape at or near the aftermost 
        extremity of the last vessel or object being towed; and
          (v) the towing vessel may direct a searchlight in the 
        direction of the tow to indicate its presence to an 
        approaching vessel.
  (h) Alternative Lighting of Vessel or Object Being Towed.--
Where from any sufficient cause it is impracticable for a 
vessel or object being towed to exhibit the lights prescribed 
in paragraph (e) or (g) of this Rule, all possible measures 
shall be taken to light the vessel or object towed or at least 
to indicate the presence of the unlighted vessel or object.
  (i) Western Rivers or Other Specified Waters; Exception.--
Notwithstanding paragraph (c), on the Western Rivers (except 
below the Huey P. Long Bridge on the Mississippi River) and on 
waters specified by the Secretary, a power-driven vessel when 
pushing ahead or towing alongside, except as paragraph (b) 
applies, shall exhibit:
          (i) sidelights; and
          (ii) two towing lights in a vertical line.
  (j) Towing Another Vessel in Distress or Otherwise in Need of 
Assistance.--Where from any sufficient cause it is 
impracticable for a vessel not normally engaged in towing 
operations to display the lights prescribed by paragraph (a), 
(c) or (i) of this Rule, such vessel shall not be required to 
exhibit those lights when engaged in towing another vessel in 
distress or otherwise in need of assistance. All possible 
measures shall be taken to indicate the nature of the 
relationship between the towing vessel and the vessel being 
assisted. The searchlight authorized by Rule 36 may be used to 
illuminate the tow.
          * * * * * * *

Sec. 2026. Fishing vessels (Rule 26)

  (a) Exhibition of Only Prescribed Lights and Shapes.--A 
vessel engaged in fishing, whether underway or at anchor, shall 
exhibit only the lights and shapes prescribed in this Rule.
  (b) Vessels Engaged in Trawling.--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;]
          (ii) a masthead light abaft of and higher than the 
        all-round green light; a vessel of less than 50 meters 
        in length shall not be obliged to exhibit such alight 
        but may do so; and
          (iii) when making way through the water, in addition 
        to the lights prescribed in this paragraph, sidelights 
        and a sternlight.
  (c) Vessels Engaged in Fishing Other Than Trawling.--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;]
          (ii) when there is outlying gear extending more than 
        150 meters horizontally from the vessel, an all-round 
        white light or a cone apex upward in the direction of 
        the gear; and
          (iii) when making way through the water, in addition 
        to the lights prescribed in this paragraph, sidelights 
        and a sternlight.
  [(d) Vessels Engaged in Fishing in Close Proximity to Other 
Vessels Engaged in Fishing.--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.
    (e) Vessels When Not Engaged in Fishing.--A vessel when not 
engaged in fishing shall not exhibit the lights or shapes 
prescribed in this Rule, but only those prescribed for a vessel 
of her length.
          * * * * * * *

Sec. 2034. Maneuvering and warning signals (Rule 34)

  (a) Whistle Signals.--When power-driven vessels are in sight 
of one another and meeting or crossing at a distance within 
half a mile of each other, each vessel underway, when 
maneuvering as authorized or required by these Rules:
          (i) shall indicate that maneuver by the following 
        signals on her whistle: one short blast to mean ``I 
        intend to leave you on my port side''; two short blasts 
        to mean ``I intend to leave you on my starboard side''; 
        and three short blasts to mean ``I am operating astern 
        propulsion''.
          (ii) upon hearing the one or two blast signal of the 
        other shall, if in agreement, sound the same whistle 
        signal and take the steps necessary to effect a safe 
        passing. If, however, from any cause, the vessel doubts 
        the safety of the proposed maneuver, she shall sound 
        the danger signal specified in paragraph (d) of this 
        Rule and each vessel shall take appropriate 
        precautionary action until a safe passing agreement is 
        made.
  (b) Light Signals.--A vessel may supplement the whistle 
signals prescribed in paragraph (a) of this Rule by light 
signals:
          (i) These signals shall have the following 
        significance: one flash to mean ``I intend to leave you 
        on my port side''; two flashes to mean ``I intend to 
        leave you on my starboard side''; three flashes to mean 
        ``I am operating astern propulsion'';
          (ii) The duration of each flash shall be about 1 
        second; and
          (iii) The light used for this signal shall, if 
        fitted, be one all-round white or yellow light, visible 
        at a minimum range of 2 miles, synchronized with the 
        whistle, and shall comply with the provisions of Annex 
        I to these Rules.
    (c) Overtaking Situations.--When in sight of one another:
          (i) a power-driven vessel intending to overtake 
        another power-driven vessel shall indicate her 
        intention by the following signals on her whistle: one 
        short blast to mean ``I intend to overtake you on your 
        starboard side''; two short blasts to mean ``I intend 
        to overtake you on your port side''; and
          (ii) the power-driven vessel about to be overtaken 
        shall, if in agreement, sound a similar sound signal. 
        If in doubt she shall sound the danger signal 
        prescribed in paragraph (d).
    (d) Doubts or Failure to Understand Signals.--When vessels 
in sight of one another are approaching each other and from any 
cause either vessel fails to understand the intentions or 
actions of the other, or is in doubt whether sufficient action 
is being taken by the other to avoid collision, the vessel in 
doubt shall immediately indicate such doubt by giving at least 
five short and rapid blasts on the whistle. This signal may be 
supplemented by a light signal of at least five short and rapid 
flashes.
    (e) Vessels in Areas of Obscured Visibility Due to 
Intervening Obstructions.--A vessel nearing a bend or an area 
of a channel or fairway where other vessels may be obscured by 
an intervening obstruction shall sound one prolonged blast. 
This signal shall be answered with a prolonged blast by any 
approaching vessel that may be within hearing around the bend 
or behind the intervening obstruction.
    (f) Use of One Whistle Only on a Vessel.--If whistles are 
fitted on a vessel at a distance apart of more than 100 meters, 
one whistle only shall be used for giving maneuvering and 
warning signals.
    (g) Power-driven Vessels Leaving Dock or Berth.--When a 
power-driven vessel is leaving a dock or berth, she shall sound 
one prolonged blast.
    [(h) Agreement Between Vessels Using Radiotelephone.--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. 2072. Violations of Inland Navigational Rules

    (a) Liability of Operator for Civil Penalty.--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.
    (b) Liability of Vessel for Civil Penalty; Seizure of 
Vessel.--Every vessel subject to this Act, other than a public 
vessel being used for noncommercial purposes, that is operated 
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, for which penalty the 
vessel may be seized and proceeded against in the district 
court of the United States of any district within which the 
vessel may be found.
    (c) Assessment of Civil Penalty by Secretary; Collection.--
The Secretary may assess any civil penalty authorized by this 
section. No such penalty may be assessed until the person 
charged, or the owner of the vessel charged, as appropriate, 
shall have been given notice of the violation involved and an 
opportunity for a hearing. For good cause shown, the Secretary 
may remit, mitigate, or compromise any penalty assessed. Upon 
the failure of the person charged, or the owner of the vessel 
charged, to pay an assessed penalty, as it may have been 
mitigated or compromised, the Secretary may request the 
Attorney General to commence an action in the appropriate 
district court of the United States for collection of the 
penalty as assessed, without regard to the amount involved, 
together with such other relief as may be appropriate.
    (d) Authority to Withhold or Revoke Clearances.--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), 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.

Sec. 2073. Rules of the Road Advisory Council

    (a) Establishment; Membership; Council Panels; Publication 
in Federal Register.--The Secretary shall establish a 
Navigation Safety Advisory Council (hereinafter referred to as 
the Council) not exceeding 21 members. To assure balanced 
representation, members shall be chosen, insofar as practical, 
from the following groups: (1) recognized experts and leaders 
in organizations having an active interest in the Rules of the 
Road and vessel and port safety, (2)representatives of owners 
and operators of vessels, professional mariners,recreational 
boaters, and the recreational boating industry, (3) individuals 
with an interest in maritime law, and (4) Federal and State 
officials with responsibility for vessel and port safety. 
Additional persons may be appointed to panels of the Council to 
assist the Council in the performance of its functions. The 
Secretary shall, not less often than once a year, publish 
notice in the Federal Register for solicitation of nominations 
for membership on the council.
    (b) Functions and Purpose of Council; Meetings.--The 
Council shall advise, consult with, and make recommendations to 
the Secretary on matters relating to the prevention of 
collisions, rammings, and groundings, including the Inland 
Rules of the Road, the International Rules of the Road, 
navigation regulations and equipment, routing measures, marine 
information, diving safety, and aids to navigation systems. Any 
advice or recommendation made by the Council to the Secretary 
shall reflect the independent judgment of the Council on the 
matter concerned. The Council shall meet at the call of the 
Secretary, but in any event not less than twice during each 
calendar year. All proceedings of the Council shall be public, 
and a record of the proceedings shall be made available for 
public inspection.
    (c) Executive Secretary; Staff; Travel Expenses and Status 
of Members.--The Secretary shall furnish to the Council an 
executive secretary and such secretarial, clerical, and other 
services as are deemed necessary for the conduct of its 
business. Members of the Council, while away from their home or 
regular places of business, may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by 
section 5703 of title 5, United States Code. Payments under 
this section shall not render members of the Council officers 
or employees of the United States for any purpose.
    (d) Termination of Council.--Unless extended by subsequent 
Act of Congress, the Council shall terminate on [September 30, 
1995.] September 30, 2000.
          * * * * * * *

                       CHAPTER 40. OIL POLLUTION

                    PRINCE WILLIAM SOUND PROVISIONS

Sec. 2731. Oil Spill Recovery Institute

  (a) Establishment of Institute.--The Secretary of Commerce 
shall provide for the establishment of a Prince William Sound 
Oil Spill Recovery Institute (hereinafter in this section 
referred to as the ``Institute'') [to be administered by the 
Secretary of Commerce] through the Prince William Sound Science 
and Technology Institute [and located] located in Cordova, 
Alaska.
  (b) Functions.--The Institute shall conduct research and 
carry out educational and demonstration projects designed to--
          (1) identify and develop the best available 
        techniques, equipment, and materials for dealing with 
        oil spills in the arctic and subarctic marine 
        environment; and
          (2) complement Federal and State damage assessment 
        efforts and determine, document, assess, and understand 
        the long-range effects of [the Exxon Valdez oil spill] 
        Arctic or Subarctic oil spills on the natural resources 
        of Prince William Sound and its adjacent waters (as 
        generally depicted on the map entitled ``Exxon Valdez 
        oil spill dated March 1990''), and the environment, the 
        economy, and the lifestyle and well-being of the people 
        who are dependent on them, except that the Institute 
        shall not conduct studies or make recommendations on 
        any matter which is not directly related to [the Exxon 
        Valdez oil spill] Arctic or Subarctic oil spills or the 
        effects thereof.
  (c) Advisory Board.--
          (1) In general.--The policies of the Institute shall 
        be determined by an advisory board, composed of [18] 14 
        members appointed as follows:
                  (A) One representative appointed by each of 
                the Commissioners of Fish and [Game, 
                Environmental Conservation, Natural Resources, 
                and Commerce and Economic Development] Game and 
                Economic Development of the State of Alaska, 
                all of whom shall be State employees.
                  [(B) One representative appointed by each 
                of--
                          [(i) the Secretaries of Commerce, the 
                        Interior, Agriculture, Transportation, 
                        and the Navy; and
                          [(ii) the Administrator of the 
                        Environmental Protection Agency; all of 
                        whom shall be Federal employees.
                  [(C) 4 representatives appointed by the 
                Secretary of Commerce from among residents of 
                communities in Alaska that were affected by the 
                Exxon Valdez oil spill who are knowledgeable 
                about fisheries, other local industries, the 
                marine environment, wildlife, public health, 
                safety, or education. At least 2 of the 
                representatives shall be appointed from among 
                residents of communities located in Prince 
                William Sound. The Secretary shall appoint 
                residents to serve terms of 2 years each, from 
                a list of 8 qualified individuals to be 
                submitted by the Governor of the State of 
                Alaska based on recommendations made by the 
                governing body of each affected community. Each 
                affected community may submit the names of 2 
                qualified individuals for the Governor's 
                consideration. No more than 5 of the 8 
                qualified persons recommended by the Governor 
                shall be members of the same political party.
                  [(D) 3 Alaska Natives who represent Native 
                entities affected by the Exxon Valdez oil 
                spill, at least one of whom represents an 
                entity located in Prince William Sound, to 
                serve terms of 2 years each from a list of 6 
                qualified individuals submitted by the Alaska 
                Federation of Natives.]
                  (B) One representative appointed by each of 
                the Secretaries of Commerce and Transportation, 
                who shall be Federal employees
                  (C) Two representatives from the fishing 
                industry appointed by the Governor of the State 
                of Alaska from among residents of communities 
                in Alaska that were affected by the Exxon 
                Valdez oil spill, who shall serve terms of 2 
                years each. Interested organizations from 
                within the fishing industry may submit the 
                names of qualified individuals for 
                consideration by the Governor.
                  (D) Two Alaska Natives who represent Native 
                entities affected by the Exxon Valdez oil 
                spill, at least one of whom represents an 
                entity located in Prince William sound, 
                appointed by the Governor of Alaska from a list 
                of 4 qualified individuals submitted by the 
                Alaska Federal of Natives, who shall serve 
                terms of 2 years each.
                  (E) Two representatives from the oil and gas 
                industry to be appointed by the Governor of the 
                State of Alaska who shall serve terms of 2 
                years each. Interested organizations from 
                within the oil and gas industry may submit the 
                names of qualified individuals for 
                consideration by the Governor.
                  (F) Two at-large representatives from among 
                residents of communities in Alaska that were 
                affected by the ``Exxon Valdez'' oil spill who 
                are knowledgeable about the marine environment 
                and wildlife within Prince William Sound, and 
                who shall serve terms of 2 years each, 
                appointed by the remaining members of the 
                Advisory Board. Interested parties may submit 
                the names of qualified individuals for 
                consideration by the Advisory Board.
                  [(E)] (G) One nonvoting representative of the 
                Institute of Marine Science.
                  [(F)] (H) One nonvoting representative 
                appointed by the Prince William Sound Science 
                and Technology Institute.
          (2) Chairman.--The representative of the Secretary of 
        Commerce shall serve as Chairman of the Advisory Board.
          (3) Policies.--Policies determined by the Advisory 
        Board under this subsection shall include policies for 
        the conduct and support, through contracts and grants 
        awarded on a nationally competitive basis, of research, 
        projects, and studies to be supported by the Institute 
        in accordance with the purposes of this section.
          (4) Evaluation.--The Advisory Board will request a 
        scientific review of the research program every five 
        years by the National Academy of Sciences which will 
        perform the review as part of its responsibilities 
        under Section 7001(b)(2).
  (d) Scientific and Technical Committee.--
          (1) In general.--The Advisory Board shall establish a 
        scientific and technical committee, composed of 
        specialists in matters relating to oil spill 
        containment and cleanup technology, arctic and 
        subarctic marine ecology, and the living resources and 
        socioeconomics of Prince William Sound and its adjacent 
        waters, from the University of Alaska, the Institute of 
        Marine Science, the Prince William Sound Science and 
        Technology Institute, and elsewhere in the academic 
        community.
          (2) Functions.--The Scientific and Technical 
        Committee shall provide such advice to the Advisory 
        Board as the Advisory Board shall request, including 
        recommendations regarding the conduct and support of 
        research, projects, and studies in accordance with the 
        purposes of this section. The Advisory Board shall not 
        request, and the Committee shall not provide, any 
        advice which is not directly related to [the Exxon 
        Valdez oil spill] Arctic or Subarctic oil spills or the 
        effects thereof.
  (e) Director.--The Institute shall be administered by a 
Director appointed by the [Secretary of Commerce] Advisory 
Board. The Prince William Sound Science and Technology 
Institute, [the Advisory Board,] and the Scientific and 
Technical Committee may each submit independent recommendations 
for the [Secretary's] Advisory Board's consideration for 
appointment as Director. The Director may hire such staff and 
incur such expenses on behalf of the Institute as are 
authorized by the Advisory Board.
  (f) Evaluation.--The Secretary of Commerce may conduct an 
ongoing evaluation of the activities of the Institute to ensure 
that funds received by the Institute are used in a manner 
consistent with this section.
  (g) Audit.--The Comptroller General of the United States, and 
any of his or her duly authorized representatives, shall have 
access, for purposes of audit and examination, to any books, 
documents, papers, and records of the Institute and its 
administering agency that are pertinent to the funds received 
and expended by the Institute and its administering agency.
  (h) Status of Employees.--Employees of the Institute shall 
not, by reason of such employment, be considered to be 
employees of the Federal Government for any purpose.
  (i) Termination.--The authorization in section 5006(b) 
providing funding for the Institute shall terminate 10 years 
after the date of the enactment of [this Act.] the Coast Guard 
Authorization Act of 1995.
  (j) Use of Funds.--All funds authorized for the Institute 
shall be provided through the National Oceanic and Atmospheric 
Administration. No funds made available to carry out this 
section may be used to initiate litigation. No funds made 
available to carry out this section may be used for the 
acquisition of real property (including buildings) or 
construction of any building. No more than 20 percent of funds 
made available to carry out this section may be used to lease 
necessary facilities and to administer the Institute. The 
Advisory Board may compensate its Federal representatives for 
their reasonable travel costs. None of the funds authorized by 
this section shall be used for any purpose other than the 
functions specified in subsection (b).
  (k) Research.--The Institute shall publish and make available 
to any person upon request the results of all research, 
educational, and demonstration projects conducted by the 
Institute. The Administrator shall provide a copy of all 
research, educational, and demonstration projects conducted by 
the Institute to the National Oceanic and Atmospheric 
Administration.
  (l) Definitions.--In this section, the term ``Prince William 
Sound and its adjacent waters'' means such sound and waters as 
generally depicted on the map entitled ``Exxon Valdez oil spill 
dated March 1990''.
          * * * * * * *

Sec. 2736. Funding

  [(a) Section 5001.--Amounts in the Fund shall be available, 
subject to appropriations, and shall remain available until 
expended, to carryout section 5001 as follows:
          [(1) $5,000,000 shall be available for the first 
        fiscal year beginning after the date of enactment of 
        this Act.
          [(2) $2,000,000 shall be available for each of the 9 
        fiscal years following the fiscal year described in 
        paragraph (1).]
  [(b)] (a) Sections [5003] 5001, 5003, and 5004.--Amounts in 
the Fund shall be available, without further appropriations and 
without fiscal year limitation, to carry out section 5001 in 
the amount as determined in subsection (b) of this section to 
carry out sections 5003 and 5004, in an amount not to exceed 
$5,000,000.
  (b) Use of Interest Only.--The amount of funding to be made 
available annually to carry out section 5001 shall be the 
interest produced by the Fund's investment of the $22,500,000 
remaining funding authorized for the Prince William Sound Oil 
Spill Recovery Institute and currently deposited in the Fund 
and invested by the Secretary of the Treasury in income 
producing securities along with other funds comprising the 
Fund.
  (c) Use for Section 1012.--Beginning with the eleventh year 
following the date of enactment of the Coast Guard 
Authorization Act of 1995, the funding authorized for the 
Prince William Sound Oil Spill Recovery Institute and deposited 
in the Fund shall thereafter be made available for purposes of 
section 1012 in Alaska.
          * * * * * * *

Sec. 2752. Annual appropriations

  (a) Required.--Except as provided in subsection (b), amounts 
in the Fund shall be available only as provided in annual 
appropriation Acts.
  (b) Exceptions.--Subsection (a) shall not apply to sections 
1006(f), 1012(a)(4), or [5006(b),] 5006 and shall not apply to 
an amount not to exceed $ 50,000,000 in any fiscal year which 
the President may make available from the Fund to carry out 
section 311(c) of the Federal Water Pollution Control Act, as 
amended by this Act,and to initiate the assessment of natural 
resources damages required under section 1006. Sums to which 
this subsection applies shall remain available until expended.
          * * * * * * *

Sec. 2761. Oil Pollution Research and Development Program

  (a) Interagency Coordinating Committee on Oil Pollution 
Research.--
          (1) Establishment.--There is established an 
        Interagency Coordinating Committee on Oil Pollution 
        Research (hereinafter in this section referred to as 
        the ``Interagency Committee'').
          (2) Purposes.--The Interagency Committee shall 
        coordinate a comprehensive program of oil pollution 
        research, technology development, and demonstration 
        among the Federal agencies, in cooperation and 
        coordination with industry, universities, research 
        institutions, State governments, and other nations, as 
        appropriate, and shall foster cost-effective research 
        mechanisms, including the joint funding of research.
          (3) Membership.--The Interagency Committee shall 
        include representatives from the Department of Commerce 
        (including the National Oceanic and Atmospheric 
        Administration and the National Institute of Standards 
        and Technology), the Department of Energy, the 
        Department of the Interior (including the Minerals 
        Management Service and the United States Fish and 
        Wildlife Service), the Department of Transportation 
        (including the United States Coast Guard, the Maritime 
        Administration, and the Research and Special Projects 
        Administration), the Department of Defense (including 
        the Army Corps of Engineers and the Navy), the 
        Environmental Protection Agency, the National 
        Aeronautics and Space Administration, and the United 
        States Fire Administration in the Federal Emergency 
        Management Agency, as well as such other Federal 
        agencies as the President may designate. A 
        representative of the Department of Transportation 
        shall serve as Chairman.
  (b) Oil Pollution Research and Technology Plan.--
          (1) Implementation plan.--Within 180 days after the 
        date of enactment of this Act, the Interagency 
        Committee shall submit to Congress a plan for the 
        implementation of the oil pollution research, 
        development, and demonstration program established 
        pursuant to subsection (c). The research plan shall--
                  (A) identify agency roles and 
                responsibilities;
                  (B) assess the current status of knowledge on 
                oil pollution prevention, response, and 
                mitigation technologies and effects of oil 
                pollution on the environment;
                  (C) identify significant oil pollution 
                research gaps including an assessment of major 
                technological deficiencies in responses to past 
                oil discharges;
                  (D) establish research priorities and goals 
                for oil pollution technology development 
                related to prevention, response, mitigation, 
                and environmental effects;
                  (E) estimate the resources needed to conduct 
                the oil pollution research and development 
                program established pursuant to subsection (c), 
                and timetables for completing research tasks; 
                and
                  (F) identify, in consultation with the 
                States, regional oil pollution research needs 
                and priorities for a coordinated, 
                multidisciplinary program of research at the 
                regional level.
          (2) Advice and guidance.--The Chairman, through the 
        Department of Transportation, shall contract with the 
        National Academy of Sciences to--
                  (A) provide advice and guidance in the 
                preparation and development of the research 
                plan; and
                  (B) assess the adequacy of the plan as 
                submitted, and submit a report to Congress on 
                the conclusions of such assessment.
        The National Institute of Standards and Technology 
        shall provide the Interagency Committee with advice and 
        guidance on issues relating to quality assurance and 
        standards measurements relating to its activities under 
        this section.
  (c) Oil Pollution Research and Development Program.--
          (1) Establishment.--The Interagency Committee shall 
        coordinate the establishment, by the agencies 
        represented on the Interagency Committee, of a program 
        for conducting oil pollution research and development, 
        as provided in this subsection.
          (2) Innovative oil pollution technology.--The program 
        established under this subsection shall provide for 
        research, development, and demonstration of new or 
        improved technologies which are effective in preventing 
        or mitigating oil discharges and which protect the 
        environment, including--
                  (A) development of improved designs for 
                vessels and facilities, and improved 
                operational practices;
                  (B) research, development, and demonstration 
                of improved technologies to measure the ullage 
                of a vessel tank, prevent discharges from tank 
                vents, prevent discharges during lightering and 
                bunkering operations, contain discharges on the 
                deck of a vessel, prevent discharges through 
                the use of vacuums in tanks, and otherwise 
                contain discharges of oil from vessels and 
                facilities;
                  (C) research, development, and demonstration 
                of new or improved systems of mechanical, 
                chemical, biological, and other methods 
                (including the use of dispersants, solvents, 
                and bioremediation) for the recovery, removal, 
                and disposal of oil, including evaluation of 
                the environmental effects of the use of such 
                systems;
                  (D) research and training, in consultation 
                with the National Response Team, to improve 
                industry's and Government's ability to quickly 
                and effectively remove an oil discharge, 
                including the long-term use, as appropriate, of 
                the National Spill Control School in Corpus 
                Christi, [Texas;] Texas, and the Center for 
                Marine Training and Safety in Galveston, Texas;
                  (E) research to improve information systems 
                for decision-making, including the use of data 
                from coastal mapping, baseline data, and other 
                data related to the environmental effects of 
                oil discharges, and cleanup technologies;
                  (F) development of technologies and methods 
                to protect public health and safety from oil 
                discharges, including the population directly 
                exposed to an oil discharge;
                  (G) development of technologies, methods, and 
                standards for protecting removal personnel, 
                including training, adequate supervision, 
                protective equipment, maximum exposure limits, 
                and decontamination procedures;
                  (H) research and development of methods to 
                restore and rehabilitate natural resources 
                damaged by oil discharges;
                  (I) research to evaluate the relative 
                effectiveness and environmental impacts of 
                bioremediation technologies; and
                  (J) the demonstration of a satellite-based, 
                dependent surveillance vessel traffic system in 
                Narragansett Bay to evaluate the utility of 
                such system in reducing the risk of oil 
                discharges from vessel collisions and 
                groundings in confined waters.
          (3) Oil pollution technology evaluation.--The program 
        established under this subsection shall provide for oil 
        pollution prevention and mitigation technology 
        evaluation including--
                  (A) the evaluation and testing of 
                technologies developed independently of the 
                research and development program established 
                under this subsection;
                  (B) the establishment, where appropriate, of 
                standards and testing protocols traceable to 
                national standards to measure the performance 
                of oil pollution prevention or mitigation 
                technologies; and
                  (C) the use, where appropriate, of controlled 
                field testing to evaluate real-world 
                application of oil discharge prevention or 
                mitigation technologies.
          (4) Oil pollution effects research.--
                  (A) The Committee shall establish a research 
                program to monitor and evaluate the 
                environmental effects of oil discharges. Such 
                program shall include the following elements:
                          (i) The development of improved 
                        models and capabilities for predicting 
                        the environmental fate, transport, and 
                        effects of oil discharges.
                          (ii) The development of methods, 
                        including economic methods, to assess 
                        damages to natural resources resulting 
                        from oil discharges.
                          (iii) The identification of types of 
                        ecologically sensitive areas at 
                        particular risk to oil discharges and 
                        the preparation of scientific 
                        monitoring and evaluation plans, one 
                        for each of several types of ecological 
                        conditions, to be implemented in the 
                        event of major oil discharges in such 
                        areas.
                          (iv) The collection of environmental 
                        baseline data in ecologically sensitive 
                        areas at particular risk to oil 
                        discharges where such data are 
                        insufficient.
                  (B) The Department of Commerce in 
                consultation with the Environmental Protection 
                Agency shall monitor and scientifically 
                evaluate the long-term environmental effects of 
                oil discharges if--
                          (i) the amount of oil discharged 
                        exceeds 250,000 gallons;
                          (ii) the oil discharge has occurred 
                        on or after January 1, 1989; and
                          (iii) the Interagency Committee 
                        determines that a study of the long-
                        term environmental effects of the 
                        discharge would be of significant 
                        scientific value, especially for 
                        preventing or responding to future oil 
                        discharges.
                Areas for study may include the following sites 
                where oil discharges have occurred: the New 
                York/New Jersey Harbor area, where oil was 
                discharged by an Exxon underwater pipeline, the 
                T/B Cibro Savannah, and the M/V BT Nautilus; 
                Narragansett Bay where oil was discharged by 
                the World Prodigy; the Houston Ship Channel 
                where oil was discharged by the Rachel B; the 
                Delaware River, where oil was discharged by the 
                Presidente Rivera, and Huntington Beach, 
                California, where oil was discharged by the 
                American Trader.
                  (C) Research conducted under this paragraph 
                by, or through, the United States Fish and 
                Wildlife Service shall be directed and 
                coordinated by the National Wetland Research 
                Center.
          (5) Marine simulation research.--The program 
        established under this subsection shall include 
        research on the greater use and application of 
        geographic and vessel response simulation models, 
        including the development of additional data bases and 
        updating of existing data bases using, among others, 
        the resources of the National Maritime Research Center. 
        It shall include research and vessel simulations for--
                  (A) contingency plan evaluation and 
                amendment;
                  (B) removal and strike team training;
                  (C) tank vessel personnel training; and
                  (D) those geographic areas where there is a 
                significant likelihood of a major oil 
                discharge.
          (6) Demonstration projects.--The United States Coast 
        Guard, in conjunction with other such agencies in the 
        Department of Transportation as the Secretary of 
        Transportation may designate, shall conduct 4 port oil 
        pollution minimization demonstration projects, one each 
        with (A) the Port Authority of New York and New Jersey, 
        (B) the Ports of Los Angeles and Long Beach, 
        California, (C) the Port of New Orleans, Louisiana, and 
        (D) ports on the Great Lakes, for the purpose of 
        developing and demonstrating integrated port oil 
        pollution prevention and cleanup systems which utilize 
        the information and implement the improved practices 
        and technologies developed from the research, 
        development, and demonstration program established in 
        this section. Such systems shall utilize improved 
        technologies and management practices for reducing the 
        risk of oil discharges, including, as appropriate, 
        improved data access, computerized tracking of oil 
        shipments, improved vessel tracking and navigation 
        systems, advanced technology to monitor pipeline and 
        tank conditions, improved oil spill response 
        capability, improved capability to predict the flow and 
        effects of oil discharges in both the inner and outer 
        harbor areas for the purposes of making infrastructure 
        decisions, and such other activities necessary to 
        achieve the purposes of this section.
          (7) Simulated environmental testing.--Agencies 
        represented on the Interagency Committee shall ensure 
        the long-term use and operation of the Oil and 
        Hazardous Materials Simulated Environmental Test Tank 
        [OHMSETT] Research Center in New Jersey for oil 
        pollution technology testing and evaluations.
          (8) Regional research program.--
                  (A) Consistent with the research plan in 
                subsection (b), the Interagency Committee shall 
                coordinate a program of competitive grants to 
                universities or other research institutions, or 
                groups of universities or research 
                institutions, for the purposes of conducting a 
                coordinated research program related to the 
                regional aspects of oil pollution, such as 
                prevention, removal, mitigation, and the 
                effects of discharged oil on regional 
                environments. For the purposes of this 
                paragraph, a region means a Coast Guard 
                district as set out in part 3 of title 33, Code 
                of Federal Regulations (1989).
                  (B) The Interagency Committee shall 
                coordinate the publication by the agencies 
                represented on the Interagency Committee of a 
                solicitation for grants under this subsection. 
                The application shall be in such form and 
                contain such information as may be required in 
                the published solicitation. The applications 
                shall be reviewed by the Interagency Committee, 
                which shall make recommendations to the 
                appropriate granting agency represented on the 
                Interagency Committee for awarding the grant. 
                The granting agency shall award the grants 
                recommended by the Interagency Committee unless 
                the agency decides not to award the grant due 
                to budgetary or other compelling considerations 
                and publishes its reasons for such a 
                determination in the Federal Register. No 
                grants may be made by any agency from any funds 
                authorized for this paragraph unless such grant 
                award has first been recommended by the 
                Interagency Committee.
                  (C) Any university or other research 
                institution, or group of universities or 
                research institutions, may apply for a grant 
                for the regional research program established 
                by this paragraph. The applicant must be 
                located in the region, or in a State a part of 
                which is in the region, for which the project 
                is proposed as part of the regional research 
                program. With respect to a group application, 
                the entity or entities which will carry out the 
                substantial portion of the proposed research 
                must be located in the region, or in a State a 
                part of which is in the region, for which the 
                project is proposed as part of the regional 
                research program.
                  (D) The Interagency Committee shall make 
                recommendations on grants in such a manner as 
                to ensure an appropriate balance within a 
                region among the various aspects of oil 
                pollution research, including prevention, 
                removal, mitigation, and the effects of 
                discharged oil on regional environments. In 
                addition, the Interagency Committee shall make 
                recommendations for grants based on the 
                following criteria:
                          (i) There is available to the 
                        applicant for carrying out this 
                        paragraph demonstrated research 
                        resources.
                          (ii) The applicant demonstrates the 
                        capability of making a significant 
                        contribution to regional research 
                        needs.
                          (iii) The projects which the 
                        applicant proposes to carry out under 
                        the grant are consistent with the 
                        research plan under subsection 
                        (b)(1)(F) and would further the 
                        objectives of the research and 
                        development program established in this 
                        section.
                  (E) Grants provided under this paragraph 
                shall be for a period up to 3 years, subject to 
                annual review by the granting agency, and 
                provide not more than 80 percent of the costs 
                of the research activities carried out in 
                connection with the grant.
                  (F) No funds made available to carry out this 
                subsection may be used for the acquisition of 
                real property (including buildings) or 
                construction of any building.
                  (G) Nothing in this paragraph is intended to 
                alter or abridge the authority under existing 
                law of any Federal agency to make grants, or 
                enter into contracts or cooperative agreements, 
                using funds other than those authorized in this 
                Act for the purposes of carrying out this 
                paragraph.
          (9) Funding.--For each of the fiscal years 1991, 
        1992, 1993, 1994, and 1995, $6,000,000 of amounts in 
        the Fund shall be available to carry out the regional 
        research program in paragraph (8), such amounts to be 
        available in equal amounts for the regional research 
        program in each region; except that if the agencies 
        represented on the Interagency Committee determine that 
        regional research needs exist which cannot be addressed 
        within such funding limits, such agencies may use their 
        authority under paragraph (10) to make additional 
        grants to meet such needs. For the purposes of this 
        paragraph, the research program carried out by the 
        Prince William Sound Oil Spill Recovery Institute 
        established under section 5001, shall not be eligible 
        to receive grants under this [paragraph.] paragraph 
        until the authorization for funding under section 
        5006(b) expires.
          (10) Grants.--In carrying out the research and 
        development program established under this subsection, 
        the agencies represented on the Interagency Committee 
        may enter into contracts and cooperative agreements and 
        make grants to universities, research institutions, and 
        other persons. Such contracts, cooperative agreements, 
        and grants shall address research and technology 
        priorities set forth in the oil pollution research plan 
        under subsection (b).
          (11) In carrying out research under this section, the 
        Department of Transportation shall continue to utilize 
        the resources of the Research and Special Programs 
        Administration of the Department of Transportation, to 
        the maximum extent practicable.
  (d) International Cooperation.--In accordance with the 
research plan submitted under subsection (b), the Interagency 
Committee shall coordinate and cooperate with other nations and 
foreign research entities in conducting oil pollution research, 
development, and demonstration activities, including controlled 
field tests of oil discharges.
  (e) Biennial Reports.--The Chairman of the Interagency 
Committee shall submit to Congress every 2 years on October 30 
a report on the activities carried out under this section in 
the preceding 2 fiscal years, and on activities proposed to be 
carried out under this section in the current 2 fiscal year 
period.
  (f) Funding.--Not to exceed $22,000,000 of amounts in the 
Fund shall be available annually to carry out this section 
except for subsection (c)(8). Of such sums--
          (1) funds authorized to be appropriated to carry out 
        the activities under subsection (c)(4) shall not exceed 
        $ 5,000,000 for fiscal year 1991 or $3,500,000 for any 
        subsequent fiscal year; and
          (2) not less than $ 3,000,000 shall be available for 
        carrying out the activities in subsection (c)(6) for 
        fiscal years 1992, 1993, 1994, and 1995.
All activities authorized in this section, including subsection 
(c)(8), are subject to appropriations.

                CHAPTER 41. NATIONAL COASTAL MONITORING

[Sec.  2803. Comprehensive Coastal Water Quality Monitoring Program

  [(a) Authority; Joint Implementation.
          [(1) The Administrator and the Under Secretary, in 
        conjunction with other Federal, State, and local 
        authorities, shall jointly develop and implement a 
        program for the long-term collection, assimilation, and 
        analysis of scientific data designed to measure the 
        environmental quality of the Nation's coastal 
        ecosystems pursuant to this section. Monitoring 
        conducted pursuant to this section shall be coordinated 
        with relevant monitoring programs conducted by the 
        Administrator, Under Secretary, and other Federal, 
        State, and local authorities.
          [(2) Primary leadership for the monitoring program 
        activities conducted by the Environmental Protection 
        Agency pursuant to this section shall be located at the 
        Environmental Research Laboratory in Narragansett, 
        Rhode Island.
  [(b) Program Elements.--The Comprehensive Coastal Water 
Quality Monitoring Program shall include, but not be limited 
to--
          [(1) identification and analysis of the status of 
        environmental quality in the Nation's coastal 
        ecosystems, including but not limited to, assessment 
        of--
                  [(A) ambient water quality, including 
                contaminant levels in relation to criteria and 
                standards issued pursuant to title III or the 
                Federal Water Pollution Control Act (33 U.S.C. 
                1311 et seq.);
                  [(B) benthic environmental quality, including 
                analysis of contaminant levels in sediments in 
                relation to criteria and standards issued 
                pursuant to title III of the Federal Water 
                Pollution Control Act (33 U.S.C. 1311 et seq.); 
                and
                  [(C) health and quality of living resources.
          [(2) identification of sources of environmental 
        degradation affecting the Nation's coastal ecosystems;
          [(3) assessment of the impact of governmental 
        programs and management strategies and measures 
        designed to abate or prevent the environmental 
        degradation of the Nation's coastal ecosystems;
          [(4) assessment of the accumulation of floatables 
        along coastal shorelines;
          [(5) analysis of expected short-term and long-term 
        trends in the environmental quality of the Nation's 
        coastal ecosystems; and
          [(6) the development and implementation of intensive 
        coastal water quality monitoring programs in accordance 
        with subsection (d).
  [(c) Monitoring Guidelines and Protocols.
          [(1) Guidelines.--Not later than 18 months after the 
        date of the enactment of this title, the Administrator 
        and the Under Secretary shall jointly issue coastal 
        water quality monitoring guidelines to assist in the 
        development and implementation of coastal water quality 
        monitoring programs. The guidelines shall--
                  [(A) provide an appropriate degree of 
                uniformity among the coastal water quality 
                monitoring methods and data while preserving 
                the flexibility of monitoring programs to 
                address specific needs;
                  [(B) establish scientifically valid 
                monitoring methods that will--
                          [(i) provide simplified methods to 
                        survey and assess the water quality and 
                        ecological health of coastal waters;
                          [(ii) identify and quantify through 
                        more intensive efforts the severity of 
                        existing or anticipated problems in 
                        selected coastal waters;
                          [(iii) identify and quantify sources 
                        of pollution that cause or contribute 
                        to those problems, including point and 
                        nonpoint sources; and
                          [(iv) evaluate over time the 
                        effectiveness of efforts to reduce or 
                        eliminate pollution from those sources;
                  [(C) provide for data compatibility to enable 
                data to be efficiently stored and shared by 
                various users; and
                  [(D) identify appropriate physical, chemical, 
                and biological indicators of the health and 
                quality of coastal ecosystems.
          [(2) Technical protocols.--Guidelines issued under 
        paragraph (1) shall include protocols for--
                  [(A) designing statistically valid coastal 
                water quality monitoring networks and 
                monitoring surveys, including assessment of the 
                accumulation of floatables;
                  [(B) sampling and analysis, including 
                appropriate physical and chemical parameters, 
                living resource parameters, and sediment 
                analysis techniques; and
                  [(C) quality control, quality assessment, and 
                data consistency and management.
          [(3) Periodic review.--The Administrator and the 
        Under Secretary shall periodically review the 
        guidelines and protocols issued under this subsection 
        to evaluate their effectiveness, the degree to which 
        they continue to answer program objectives and provide 
        an appropriate degree of uniformity while taking local 
        conditions into account, and any need to modify or 
        supplement them with new guidelines and protocols, as 
        needed.
          [(4) Discharge permit data.--The Administrator or a 
        State permitting authority shall ensure that compliance 
        monitoring conducted pursuant to section 402(a)(2) of 
        the Federal Water Pollution Control Act (33 U.S.C. 
        1342(a)(2)) for permits for discharges to coastal 
        waters is consistent with the guidelines issued under 
        this subsection. Any modifications of discharge permits 
        necessary to implement this subsection shall be deemed 
        to be minor modifications of such permit. Nothing in 
        this subsection requires dischargers to conduct 
        monitoring other than compliance monitoring pursuant to 
        permits under section 402(a)(2) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1342(a)(2)).
  [(d) Intensive Coastal Water Quality Monitoring Programs.--
          [(1) In general.--The Comprehensive Coastal Water 
        Quality Monitoring Program established pursuant to this 
        section shall include intensive coastal water quality 
        monitoring programs developed under this subsection.
          [(2) Designation of intensive monitoring areas.--Not 
        later than 24 months after the date of enactment of 
        this title and periodically thereafter, the 
        Administrator and the Under Secretary shall, based on 
        recommendations by the National Research Council, 
        jointly designate coastal areas to be intensively 
        monitored.
          [(3) Identification of suitable coastal areas.--
                  [(A) The Administrator and the Under 
                Secretary shall contract with the National 
                Research Council to conduct a study to identify 
                coastal areas suitable for the establishment of 
                intensive coastal monitoring programs. In 
                identifying these coastal areas, the National 
                Research Council shall consider areas that--
                          [(i) are representatives of coastal 
                        ecosystems throughout the United 
                        States;
                          [(ii) will provide information to 
                        assess the status and trends of coastal 
                        water quality nation-wide; and
                          [(iii) would benefit from intensive 
                        water quality monitoring because of 
                        local management needs.
                  [(B) In making recommendations under this 
                paragraph, the National Research Council shall 
                consult with Regional Research Boards 
                established pursuant to title IV of this Act.
                  [(C) The National Research Council shall, 
                within 18 months of the date of enactment of 
                this title, submit a report to the 
                Administrator and the Under Secretary listing 
                areas suitable for intensive monitoring.
                  [(D) The Administrator and the Under 
                Secretary, in conjunction with other Federal, 
                State, and local authorities, shall develop and 
                implement multi-year programs of intensive 
                monitoring for Massachusetts and Cape Cod Bays, 
                the Gulf of Maine, the Chesapeake Bay, the 
                Hudson-Raritan Estuary, and each area jointly 
                designated by the Administrator and the Under 
                Secretary pursuant to paragraph (2).
          [(4) Intensive coastal water quality monitoring 
        programs.--Each intensive coastal water quality 
        monitoring program developed pursuant to this 
        subsection shall--
                  [(A) identify water quality conditions and 
                problems and provide information to assist in 
                improving coastal water quality;
                  [(B) clearly state the goals and objectives 
                of the monitoring program and their 
                relationship to the water quality objectives or 
                coastal waters covered by the program;
                  [(C) identify the water quality and 
                biological parameters of the monitoring program 
                and their relationship to these goals and 
                objectives;
                  [(D) describe the types of monitoring 
                networks, surveys and other activities to be 
                used to achieve these goals and objectives, 
                using where appropriate the guidelines issued 
                under subsection (c);
                  [(E) survey existing Federal, State, and 
                local coastal monitoring activities and private 
                compliance monitoring activities in or on the 
                coastal waters covered by the program, describe 
                the relationship of the program to those other 
                monitoring activities, and integrate them, as 
                appropriate, into the intensive monitoring 
                program;
                  [(F) describe the data management and quality 
                control components of the program;
                  [(G) specify the implementation requirements 
                for the program, including--
                          [(i) the lead Federal, State, or 
                        regional authority that will administer 
                        the program;
                          [(ii) the public and private parties 
                        that will implement the program;
                          [(iii) a detailed schedule for 
                        program implementation;
                          [(iv) all Federal and State 
                        responsibilities for implementing the 
                        program; and
                          [(v) the changes in Federal, State, 
                        and local monitoring programs necessary 
                        to implement the program;
                  [(H) estimate the costs to Federal and State 
                governments, and other participants, of 
                implementing the monitoring program; and
                  [(I) describe the methods to assess 
                periodically the success of the monitoring 
                program in meeting its goals and objectives, 
                and the manner in which the program may be 
                modified from time-to-time.
          [(5) Criteria for monitoring massachusetts and cape 
        cod bays.--In addition to the criteria listed in 
        paragraph (4), the intensive monitoring program for 
        Massachusetts and Cape Cod Bays shall establish 
        baseline data on environmental phenomena (such as 
        quantity of bacteria and quality of indigenous species, 
        and swimmability) and determine the ecological impacts 
        resulting from major point source discharges.
          [(6) Memorandum of understanding.--Prior to 
        implementing any intensive coastal water quality 
        monitoring program under this subsection, the 
        Administrator and the Under Secretary shall enter into 
        a Memorandum of Understanding to implement the 
        intensive coastal water quality monitoring programs and 
        may extend the memorandum of Understanding to include 
        other appropriate Federal agencies. The Memorandum of 
        Understanding shall identify the monitoring and 
        reporting responsibilities of each agency and shall 
        encourage the coordination of monitoring activities.
          [(7) Implementation.--
                  [(A) The Administrator, the Under Secretary, 
                and the Governor of each State having waters 
                subject to an intensive coastal water quality 
                monitoring program developed pursuant to this 
                subsection shall ensure compliance with that 
                program.
                  [(B) The Administrator and the Under 
                Secretary are authorized to enter into 
                cooperative agreements to provide financial 
                assistance to non-Federal agencies and 
                institutions to support implementation of 
                intensive monitoring programs under this 
                subsection. Federal financial assistance may 
                only be provided on the condition that not less 
                than fifty percent of the costs of the 
                monitoring to be conducted by a non-Federal 
                agency or institution is provided from non-
                Federal funds.
  [(e) Comprehensive Implementation Strategy.--
          [(1) In general.--Within 1 year after the date of 
        enactment of this title, the Administrator and the 
        Under Secretary shall jointly submit to Congress a 
        Comprehensive Implementation Strategy identifying the 
        current and planned activities to implement the 
        Comprehensive Coastal Monitoring Program pursuant to 
        this section.
          [(2) Consultation.--The Administrator and the Under 
        Secretary shall consult with the National Academy of 
        Sciences, the Director of the United States Fish and 
        Wildlife Service, the Director of the Minerals 
        Management Service, the Commandant of the Coast Guard, 
        the Secretary of the Navy, the Secretary of 
        Agriculture, the heads of any other relevant Federal or 
        regional agencies, and the Governors of coastal States 
        in developing the Strategy.
          [(3) Public comment.--Not less than 3 months before 
        submitting the Strategy to Congress, the Administrator 
        and the Under Secretary shall jointly publish a draft 
        version of the Strategy in the Federal Register and 
        shall solicit public comments regarding the Strategy.
          [(4) Memorandum of understanding.--Within 1 year 
        after submission of the Strategy under paragraph (1), 
        the Administrator and the Under Secretary shall enter 
        into a Memorandum of Understanding with appropriate 
        Federal agencies necessary to effect the coordination 
        of Federal coastal monitoring programs. The Memorandum 
        of Understanding shall identify the monitoring and 
        reporting responsibilities of each agency and shall 
        encourage the coordination of monitoring activities 
        where possible.]

SEC. 2203. COORDINATION.

  (a) Establishment of Marine Debris Coordinating Committee.--
The Secretary of Commerce shall establish a Marine Debris 
Coordinating Committee.
  (b) Membership.--The Committee shall include a senior 
official from--
          (1) the National Oceanic and Atmospheric 
        Administration, who shall serve as the Chairperson of 
        the Committee;
          (2) the Environmental Protection Agency,;
          (3) the United States Coast Guard;
          (4) the United States Navy; and
          (5) such other Federal agencies that have an interest 
        in ocean issues or water pollution prevention and 
        control as the Secretary of Commerce determines 
        appropriate.
  (c) Meetings.--The Committee shall meet at least twice a year 
to provide a forum to ensure the coordination of national and 
international research, monitoring, education, and regulatory 
actions addressing the persistent marine debris problem.
  (d) Monitoring.--The Secretary of Commerce, acting through 
the Administrator of the National Oceanic and Atmospheric 
Administration, in cooperation with the Administrator of the 
Environmental Protection Agency, shall utilize the marine 
debris data derived under title V of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.) 
to assist--
          (1) the Committee in ensuring coordination of 
        research, monitoring, education and regulatory actions; 
        and
          (2) the United States Coast Guard in assessing the 
        effectiveness of this Act and the Act to Prevent 
        Pollution from Ships in ensuring compliance under 
        section 2201.
                              ----------                              


                TITLE 42. THE PUBLIC HEALTH AND WELFARE

                    CHAPTER 82. SOLID WASTE DISPOSAL

Sec. 6981. Research, demonstrations, training, and other activities

  (a) General Authority.--The Administrator, alone or after 
consultation with the Administrator of the Federal Energy 
Administration, the Administrator of the Energy Research and 
Development Administration, or the Chairman of the Federal 
Power Commission, shall conduct, and encourage, cooperate with, 
and render financial and other assistance to appropriate public 
(whether Federal, State, interstate, or local) authorities, 
agencies, and institutions, private agencies and institutions, 
and individuals in the conduct of, and promote the coordination 
of, research, investigations, experiments, training, 
demonstrations, surveys, public education programs, and studies 
relating to--
          (1) any adverse health and welfare effects of the 
        release into theenvironment of material present in 
        solid waste, and methods to eliminate such effects;
          (2) the operation and financing of solid waste 
        management programs;
          (3) the planning, implementation, and operation of 
        resource recovery and resource conservation systems and 
        hazardous waste management systems, including the 
        marketing of recovered resources;
          (4) the production of usable forms of recovered 
        resources, including fuel, from solid waste;
          (5) the reduction of the amount of such waste and 
        unsalvageable waste materials;
          (6) the development and application of new and 
        improved methods of collecting and disposing of solid 
        waste and processing and recovering materials and 
        energy from solid wastes;
          (7) the identification of solid waste components and 
        potential materials and energy recoverable from such 
        waste components;
          (8) small scale and low technology solid waste 
        management systems, including but not limited to, 
        resource recovery source separation systems;
          (9) methods to improve the performance 
        characteristics of resources recovered from solid waste 
        and the relationship of such performance 
        characteristics to available and potentially available 
        markets for such resources;
          (10) improvements in land disposal practices for 
        solid waste (including sludge) which may reduce the 
        adverse environmental effects of such disposal and 
        other aspects of solid waste disposal on land, 
        including means for reducing the harmful environmental 
        effects of earlier and existing landfills, means for 
        restoring areas damaged by such earlier or existing 
        landfills, means for rendering landfills safe for 
        purposes of construction and other uses, and techniques 
        of recovering materials and energy from landfills;
          (11) methods for the sound disposal of, or recovery 
        of resources, including energy, from, sludge (including 
        sludge from pollution control and treatment facilities, 
        coal slurry pipelines, and other sources);
          (12) methods of hazardous waste management, including 
        methods of rendering such waste environmentally safe; 
        and
          (13) any adverse effects on air quality (particularly 
        with regard to the emission of heavy metals) which 
        result from solid waste which is burned (either alone 
        or in conjunction with other substances) for purposes 
        of treatment, disposal or energy recovery.
  (b) Management Program.--
          (1)(A) In carrying out his functions pursuant to this 
        Act, and any other Federal legislation respecting solid 
        waste or discarded material research, development, and 
        demonstrations, the Administrator shall establish a 
        management program or system to insure the coordination 
        of all such activities and to facilitate and accelerate 
        the process of development of sound new technology (or 
        other discoveries) from the research phase, through 
        development, and into the demonstration phase.
          (B) The Administrator shall (i) assist, on the basis 
        of any research projects which are developed with 
        assistance under this Act or without Federal 
        assistance, the construction of pilot plant facilities 
        for the purpose of investigating or testing the 
        technological feasibility of any promising new fuel, 
        energy, or resource recovery or resource conservation 
        method or technology; and (ii) demonstrate each such 
        method and technology that appears justified by an 
        evaluation at such pilot plant stage or at a pilot 
        plant stage developed without Federal assistance. Each 
        such demonstration shall incorporate new or innovative 
        technical advances or shall apply such advances to 
        different circumstances and conditions, for the purpose 
        of evaluating design concepts or to test the 
        performance, efficiency, and economic feasibility of a 
        particular method or technology under actual operating 
        conditions. Each such demonstration shall be so planned 
        and designed that, if successful, it can be expanded or 
        utilized directly as a full-scale operational fuel, 
        energy, or resource recovery or resource conservation 
        facility.
          (2) Any energy-related research, development, or 
        demonstration project for the conversion including 
        bioconversion, of solid waste carried out by the 
        Environmental Protection Agency or by the Energy 
        Research and Development Administration or any other 
        Act shall be administered in accordance with the May 7, 
        1976, Interagency Agreement between the Environmental 
        Protection Agency and the Energy Research and 
        Development Administration on the Development of Energy 
        from Solid Wastes and specifically, that in accordance 
        with this agreement, (A) for those energy-related 
        projects of mutual interest, planning will be conducted 
        jointly by the Environmental Protection Agency and the 
        Energy Research and Development Administration, 
        following which project responsibility will be assigned 
        to one agency; (B) energy-related portions of projects 
        for recovery of synthetic fuels or other forms of 
        energy from solid waste shall be the responsibility of 
        the Energy Research and Development Administration; (C) 
        the Environmental Protection Agency shall retain 
        responsibility for the environmental, economic, and 
        institutional aspects of solid waste projects and for 
        assurance that such projects are consistent with any 
        applicable suggested guidelines published pursuant to 
        section 1008, and any applicable State or regional 
        solid waste management plan; and (D) any activities 
        undertaken under provisions of sections 8002 and 8003 
        as related to energy; as related to energy or synthetic 
        fuels recovery from waste; or as related to energy 
        conservation shall be accomplished through coordination 
        and consultation with the Energy Research and 
        Development Administration.
    (c) Authorities.--
          (1) In carrying out subsection (a) of this section 
        respecting solid waste research, studies, development, 
        and demonstration, except as otherwise specifically 
        provided in section 8004(d), the Administrator may make 
        grants to or enter into contracts (including contracts 
        for construction) with, public agencies and authorities 
        or private persons.
          (2) Contracts for research, development, or 
        demonstrations or for both (including contracts for 
        construction) shall be made in accordance with and 
        subject to the limitations provided with respect to 
        research contracts of the military departments in title 
        10, United States Code, section 2353, except that the 
        determination, approval, and certification required 
        thereby shall be made by the Administrator.
          (3) Any invention made or conceived in the course of, 
        or under, any contract under this Act shall be subject 
        to section 9 of the Federal Nonnuclear Energy Research 
        and Development Act of 1974 to the same extent and in 
        the same manner as inventions made or conceived in the 
        course of contracts under such Act, except that in 
        applying such section, the Environmental Protection 
        Agency shall be substituted for the Energy Research and 
        Development Administration and the words ``solid 
        waste'' shall be substituted for the word ``energy'' 
        where appropriate.
          (4) For carrying out the purpose of this Act the 
        Administrator may detail personnel of the Environmental 
        Protection Agency to agencies eligible for assistance 
        under this section.
    Plastic pollution public education program. Act Dec. 29, 
1987, P.L. 100-220, Title II, Subtitle B, Sec. 2204, 101 Stat. 
1466, effective as provided by Sec. 2002 of such Act, which 
appears as 33 USCS 1901 note, provides:
    (a) Outreach Program.--
          (1) In general.--Not later than April 1, 1988, the 
        Administrator of the National Oceanic and Atmospheric 
        Administration and the Administrator of the 
        Environmental Protection Agency, in consultation with 
        the Secretary of Transportation, shall jointly commence 
        and thereafter conduct [for a period of at least 3 
        years,] a public outreach program to educate the public 
        (including recreational boaters, fishermen, and other 
        users of the marine environment) regarding--
                  (A) the harmful effects of plastic pollution;
                  (B) the need to reduce such pollution;
                  (C) the need to recycle plastic materials; 
                [and]
                  (D) the need to reduce the quantity of 
                plastic debris in the marine [environment.] 
                environment; and
                  (E) the requirements under this Act and the 
                Act to Prevent Pollution from Ships (33 U.S.C. 
                1901 et seq.) with respect to ships and ports, 
                and the authority of citizens to report 
                violations of this Act and the Act to Prevent 
                Pollution from Ships (33 U.S.C. 1901 et seq.).
          [(2) Authorized activities.--A public outreach 
        program under paragraph (1) may include--
                  [(A) workshops with interested groups;
                  [(B) public service announcements;
                  [(C) distribution of leaflets and posters; 
                and
                  [(D) any other means appropriate to educating 
                the public.]
          (2) Authorized activities--
                  (A) Public outreach program.--A public 
                outreach program under paragraph (1) may 
                include--
                          (i) developing and implementing a 
                        voluntary boaters' pledge program;
                          (ii) workshops with interested 
                        groups;
                          (iii) public service announcements;
                          (iv) distribution of leaflets and 
                        posters; and
                          (v) any other means appropriate to 
                        educating the public.
                  (B) Grants and cooperative agreements.--To 
                carry out this section, the Secretary of the 
                department in which the Coast Guard is 
                operating, the Secretary of Commerce, and the 
                Administrator of the Environmental Protection 
                Agency are authorized to award grants, enter 
                into cooperative agreements with appropriate 
                officials of other Federal agencies and 
                agencies of States and political subdivisions 
                of States and with public and private entities, 
                and provide other financial assistance to 
                eligible recipients.
                  (C) Consultation.--In developing outreach 
                initiatives for groups that are subject to the 
                requirements of this title and the Act to 
                Prevent Pollution from Ships (33 U.S.C. 1901 et 
                seq.), the Secretary of the department in which 
                the Coast Guard is operating, in consultation 
                with the Secretary of Commerce, acting through 
                the Administrator of the National Oceanic and 
                Atmospheric Administration, and the 
                Administrator of the Environmental Protection 
                Agency, shall consult with--
                          (i) the heads of State agencies 
                        responsible for implementing State 
                        boating laws; and
                          (ii) the heads of other enforcement 
                        agencies that regulate boaters or 
                        commercial fishermen.
    (b) Citizen Pollution Patrols.--The Secretary of Commerce, 
along with the Administrator of the Environmental Protection 
Agency and the Secretary of the Department in which the Coast 
Guard is operating, shall conduct a program to encourage the 
formation of volunteer groups, to be designated as ``Citizen 
Pollution Patrols'', to assist in monitoring, reporting, 
cleanup, and prevention of ocean and shoreline pollution.
                              ----------                              


                           TITLE 46. SHIPPING

                          CHAPTER 21. GENERAL

Sec. 2101. General definitions

    In this subtitle--
          (1) ``associated equipment''
                  (A) means--
                          (i) a system, accessory, component, 
                        or appurtenance of a recreational 
                        vessel; or
                          (ii) a marine safety article intended 
                        for use on board a recreational vessel; 
                        but
                  (B) does not include radio equipment.
          (2) ``barge'' means a non-self-propelled vessel.
          (3) ``Boundary Line'' means a line established under 
        section 2(b) of the Act of February 19, 1895 (33 U.S.C. 
        151).
          (3a) ``citizen of the United States'' means a 
        national of the United States as defined in section 
        101(a)(22) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(22)) or an individual citizen of the 
        Trust Territory of the Pacific Islands who is 
        exclusively domiciled in the Northern Mariana Islands 
        within the meaning of section 1005(e) of the Covenant 
        to establish a Commonwealth of the Northern Mariana 
        Islands in Political Union with the United States of 
        America (48 U.S.C. 1681 note).
          (4) ``Coast Guard'' means the organization 
        established and continued under section 1 of title 14.
          (5) ``commercial service'' includes any type of trade 
        or business involving the transportation of goods or 
        individuals, except service performed by a combatant 
        vessel.
          (5a) ``consideration'' means an economic benefit, 
        inducement, right, or profit including pecuniary 
        payment accruing to an individual, person, or entity, 
        but not including a voluntary sharing of the actual 
        expenses of the voyage, by monetary contribution or 
        donation of fuel, food, beverage, or other supplies.
          (6) ``consular officer'' means an officer or employee 
        of the United States Government designated under 
        regulations to grant visas.
          (7) ``crude oil'' means a liquid hydrocarbon mixture 
        occurring naturally in the earth, whether or not 
        treated to render it suitable for transportation, and 
        includes crude oil from which certain distillate 
        fractions may have been removed, and crude oil to which 
        certain distillate fractions may have been added.
          (8) ``crude oil tanker'' means a tanker engaged in 
        the trade of carrying crude oil.
          (8a) ``dangerous drug'' means a narcotic drug, a 
        controlled substance, or a controlled substance analog 
        (as defined in section 102 of the Comprehensive Drug 
        Abuse and Control Act of 1970 (21 U.S.C. 802)).
          (9) ``discharge'', when referring to a substance 
        discharged from a vessel, includes spilling, leaking, 
        pumping, pouring, emitting, emptying, or dumping, 
        however caused.
          (10) ``documented vessel'' means a vessel for which a 
        certificate of documentation has been issued under 
        chapter 121 of this title.
          (10a) ``Exclusive Economic Zone'' means the zone 
        established by Presidential Proclamation Numbered 5030, 
        dated March 10, 1983.
          (11) ``fish'' means finfish, mollusks, crustaceans, 
        and all other forms of marine animal and plant life, 
        except marine mammals and birds.
          (11a) ``fishing vessel'' means a vessel that 
        commercially engages in the catching, taking, or 
        harvesting of fish or an activity that can reasonably 
        be expected to result in the catching, taking, or 
        harvesting of fish.
          (11b) ``fish processing vessel'' means a vessel that 
        commercially prepares fish or fish products other than 
        by gutting, decapitating, gilling, skinning, shucking, 
        icing, freezing, or brine chilling.
          (11c) ``fish tender vessel'' means a vessel that 
        commercially supplies, stores, refrigerates, or 
        transports fish, fish products, or materials directly 
        related to fishing or the preparation of fish to or 
        from a fishing, fish processing, or fish tender vessel 
        or a fish processing facility.
          (12) ``foreign vessel'' means a vessel of foreign 
        registry or operated under the authority of a country 
        except the United States.
          (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.
          (14) ``hazardous material'' means a liquid material 
        or substance that is--
                  (A) flammable or combustible;
                  (B) designated a hazardous substance under 
                section 311(b) of the Federal Water Pollution 
                Control Act (33 U.S.C. 1321); or
                  (C) designated a hazardous material under 
                section 5103(a) of title 49;
          (14a) ``major conversion'' means a conversion of a 
        vessel that--
                  (A) substantially changes the dimensions or 
                carrying capacity of the vessel;
                  (B) changes the type of the vessel;
                  (C) substantially prolongs the life of the 
                vessel; or
                  (D) otherwise so changes the vessel that it 
                is essentially a new vessel, as decided by the 
                Secretary.
          (15) ``marine environment'' means--
                  (A) the navigable waters of the United States 
                and the land and resources in and under those 
                waters;
                  (B) the waters and fishery resources of an 
                area over which the United States asserts 
                exclusive fishery management authority;
                  (C) the seabed and subsoil of the outer 
                Continental Shelf of the United States, the 
                resources of the Shelf, and the waters 
                superjacent to the Shelf; and
                  (D) the recreational, economic, and scenic 
                values of the waters and resources referred to 
                in subclauses (A)--(C) of this clause.
          (15a) ``mobile offshore drilling unit'' means a 
        vessel capable of engaging in drilling operations for 
        the exploration or exploitation of subsea resources.
          (16) ``motor vessel'' means a vessel propelled by 
        machinery other than steam.
          (17) ``nautical school vessel'' means a vessel 
        operated by or in connection with a nautical school or 
        an educational institution under section 13 of the 
        Coast Guard Authorization Act of 1986.
          (17a) ``numbered vessel'' means a vessel for which a 
        number has been issued under chapter 123 of this title.
          (18) ``oceanographic research vessel'' means a vessel 
        that the Secretary finds is being employed only in 
        instruction in oceanography or limnology, or both, or 
        only in oceanographic or limnological research, 
        including those studies about the sea such as seismic, 
        gravity meter, and magnetic exploration and other 
        marine geophysical or geological surveys, atmospheric 
        research, and biological research.
          (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 resources.
          (20) ``oil'' includes oil of any type or in any form, 
        including petroleum, fuel oil, sludge, oil refuse, and 
        oil mixed with wastes except dredged spoil.
          (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) for a foreign vessel or a vessel engaged 
                on a foreign voyage, the greater of--
                          (i) 96 percent of the length on a 
                        waterline at 85 percent of the least 
                        molded depth measured from the top of 
                        the keel (or on a vessel designed with 
                        a rake of keel, on a waterline parallel 
                        to the designed waterline); or
                          (ii) the length from the fore side of 
                        the stem to the axis of the rudder 
                        stock on that waterline; and
                  (B) for any other vessel, the horizontal 
                distance of the hull between the foremost part 
                of the stem and the aftermost part of the 
                stern, excluding fittings and attachments.
          (21) ``passenger''--
                  (A) means an individual carried on the vessel 
                except--
                          (i) the owner or an individual 
                        representative of the owner or, in the 
                        case of a vessel under charter, an 
                        individual charterer or individual 
                        representative of the charterer;
                          (ii) the master; or
                          (iii) a member of the crew engaged in 
                        the business of the vessel who has not 
                        contributed consideration for carriage 
                        and who is paid for on board services;
                  (B) on an offshore supply vessel, means an 
                individual carried on the vessel except--
                          (i) an individual included in clause 
                        (i), (ii), or (iii) of subparagraph (A) 
                        of this paragraph;
                          (ii) an employee of the owner, or of 
                        a subcontractor to the owner, engaged 
                        in the business of the owner;
                          (iii) an employee of the charterer, 
                        or of a subcontractor to the charterer, 
                        engaged in the business of the 
                        charterer; or
                          (iv) an individual employed in a 
                        phase of exploration, exploitation, or 
                        production of offshore mineral or 
                        energy resources served by the vessel;
                  (C) on a fishing vessel, fish processing 
                vessel, or fish tender vessel, means an 
                individual carried on the vessel except--
                          (i) an individual included in clause 
                        (i), (ii), or (iii) of subparagraph (A) 
                        of this paragraph;
                          (ii) a managing operator;
                          (iii) an employee of the owner, or of 
                        a subcontractor to the owner, engaged 
                        in the business of the owner;
                          (iv) an employee of the charterer, or 
                        of a subcontractor to the charterer, 
                        engaged in the business of the 
                        charterer; or
                          (v) an observer or sea sampler on 
                        board the vessel pursuant to a 
                        requirement of State or Federal law; or
                  (D) on a sailing school vessel, means an 
                individual carried on the vessel except--
                          (i) an individual included in clause 
                        (i), (ii), or (iii) of subparagraph (A) 
                        of this paragraph;
                          (ii) an employee of the owner of the 
                        vessel engaged in the business of the 
                        owner, except when the vessel is 
                        operating under a demise charter;
                          (iii) an employee of the demise 
                        charterer of the vessel engaged in the 
                        business of the demise charterer; or
                          (iv) a sailing school instructor or 
                        sailing school student.
          (21a) ``passenger for hire'' means a passenger for 
        whom consideration is contributed as a condition of 
        carriage on the vessel, whether directly or indirectly 
        flowing to the owner, charterer, operator, agent, or 
        any other person having an interest in the vessel.
          (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) carrying more than 12 passengers, 
                including at least one passenger for hire;
                  (B) that is chartered and carrying more than 
                12 passengers; or
                  (C) that is a submersible vessel carrying at 
                least one passenger for hire.
          (23) ``product carrier'' means a tanker engaged in 
        the trade of carrying oil except crude oil.
          (24) ``public vessel'' means a vessel that--
                  (A) is owned, or demise chartered, and 
                operated by the United States Government or a 
                government of a foreign country; and
                  (B) is not engaged in commercial service.
          (25) ``recreational vessel'' means a vessel--
                  (A) being manufactured or operated primarily 
                for pleasure; or
                  (B) leased, rented, or chartered to another 
                for the latter's pleasure.
          (26) ``recreational vessel manufacturer'' means a 
        person engaged in the manufacturing, construction, 
        assembly, or importation of recreational vessels, 
        components, or associated equipment.
          (27) ``sailing instruction'' means teaching, 
        research, and practical experience in operating vessels 
        propelled primarily by sail and may include--
                  (A) any subject related to that operation and 
                to the sea, including seamanship, navigation, 
                oceanography, other nautical and marine 
                sciences, and maritime history and literature; 
                and
                  (B) only when in conjunction with a subject 
                referred to in subclause (A) of this clause, 
                instruction in mathematics and language arts 
                skills to sailing school students having 
                learning disabilities.
          (28) ``sailing school instructor'' means an 
        individual who is on board a sailing school vessel to 
        provide sailing instruction, but does not include an 
        operator or crewmember who is among those required to 
        be on board the vessel to meet a requirement 
        established under part F of this subtitle.
          (29) ``sailing school student'' means an individual 
        who is on board a sailing school vessel to receive 
        sailing instruction.
          (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;
                  (B) carrying more than 6 individuals who are 
                sailing school instructors or sailing school 
                students;
                  (C) principally equipped for propulsion by 
                sail, even if the vessel has an auxiliary means 
                of propulsion; and
                  (D) owned or demise chartered, and operated 
                by an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1954 
                (26 U.S.C. 501(c)(3)) and exempt from tax under 
                section 501(a) of that Code, or by a State or 
                political subdivision of a State, during times 
                that the vessel is operated by the 
                organization, State, or political subdivision 
                only for sailing instruction.
          (31) ``scientific personnel'' means individuals on 
        board an oceanographic research vessel only to engage 
        in scientific research, or to instruct or receive 
        instruction in oceanography or limnology.
          (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.
          (34) ``Secretary'', except in part H, means the head 
        of the department in which the Coast Guard is 
        operating.
          (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) carrying more than 6 passengers, 
                including at least one passenger for hire;
                  (B) that is chartered with the crew provided 
                or specified by the owner or the owner's 
                representative and carrying more than 6 
                passengers;
                  (C) that is chartered with no crew provided 
                or specified by the owner or the owner's 
                representative and carrying more than 12 
                passengers; or
                  (D) that is a submersible vessel carrying at 
                least one passenger for hire.
          (36) ``State'' means a State of the United States, 
        Guam, Puerto Rico, the Virgin Islands, American Samoa, 
        the District of Columbia, the Northern Mariana Islands, 
        and any other territory or possession of the United 
        States.
          (37) ``steam vessel'' means a vessel propelled in 
        whole or in part by steam, except a recreational vessel 
        of not more than 40 feet in length.
          (37a) ``submersible vessel'' means a vessel that is 
        capable of operating below the surface of the water.
          (38) ``tanker'' means a self-propelled tank vessel 
        constructed or adapted primarily to carry oil or 
        hazardous material in bulk in the cargo spaces.
          (39) ``tank vessel'' means a vessel that is 
        constructed or adapted to carry, or that carries, oil 
        or hazardous material in bulk as cargo or cargo 
        residue, and that--
                  (A) is a vessel of the United States;
                  (B) operates on the navigable waters of the 
                United States; or
                  (C) transfers oil or hazardous material in a 
                port or place subject to the jurisdiction of 
                the United States.
          (40) ``towing vessel'' means a commercial vessel 
        engaged in or intending to engage in the service of 
        pulling, pushing, or hauling along side, or any 
        combination of pulling, pushing, or hauling along side.
          (41) ``undocumented'' means not having and not 
        required to have a document issued under chapter 121 of 
        this title.
          (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--
                          (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.
          (43) ``uninspected vessel'' means a vessel not 
        subject to inspection under section 3301 of this title 
        that is not a recreational vessel.
          (44) ``United States'', when used in a geographic 
        sense, means the States of the United States, Guam, 
        Puerto Rico, the Virgin Islands, American Samoa, the 
        District of Columbia, the Northern Mariana Islands, and 
        any other territory or possession of the United States.
          (45) ``vessel'' has the same meaning given that term 
        in section 3 of title 1.
          (46) ``vessel of the United States'' means a vessel 
        documented or numbered under the laws of the United 
        States or titled under the law of a State.
          (47) ``vessel of war'' means a vessel--
                  (A) belonging to the armed forces of a 
                country;
                  (B) bearing the external marks distinguishing 
                vessels of war of that country;
                  (C) under the command of an officer 
                commissioned by the government of that country 
                and whose name appears in the appropriate 
                service list or its equivalent; and
                  (D) staffed by a crew under regular armed 
                forces discipline.
          * * * * * * *

Sec. 2110. Fees

  (a)(1) Except as otherwise provided in this title, the 
Secretary shall establish a fee or charge for a service or 
thing of value provided by the Secretary under this subtitle, 
in accordance with section 9701 of title 31.
  (2) The Secretary may not establish a fee or charge under 
paragraph (1) for inspection or examination of a non-self-
propelled tank vessel under part B of this title that is more 
than $500 annually. The Secretary may not establish a fee or 
charge under paragraph (1) for inspection or examination of a 
small passenger vessel under this title that is more than $300 
annually for such vessels under 65 feet in length, or more than 
$600 annually for such vessels 65 feet in length and greater. 
The Secretary may not establish a fee or charge under paragraph 
(1) for inspection or examination under this title for any 
publicly-owned ferry.
  (3) The Secretary may, by regulation, adjust a fee or charge 
collected under this subsection to accommodate changes in the 
cost of providing a specific service or thing of value, but the 
adjusted fee or charge may not exceed the total cost of 
providing the service or thing of value for which the fee or 
charge is collected, including the cost of collecting the fee 
or charge.
  (4) The Secretary may not collect a fee or charge under this 
subsection that is in conflict with the international 
obligations of the United States.
  (5) The Secretary may not collect a fee or charge under this 
subsection for any search or rescue service.
  (b)(1) The Secretary shall establish a fee or charge as 
provided in paragraph (2) of this subsection, and collect it 
annually in fiscal years 1993 and 1994, from the owner or 
operator of each recreational vessel to which paragraph (2) of 
this subsection applies.
  (2) The fee or charge established under paragraph (1) of this 
subsection is as follows:
          (A) in fiscal year 1993--
                  (i) for vessels of more than 21 feet in 
                length but less than 27 feet, not more than 
                $35;
                  (ii) for vessels of at least 27 feet in 
                length but less than 40 feet, not more than 
                $50; and
                  (iii) for vessels of at least 40 feet in 
                length, not more than $100.
          (B) in fiscal year 1994--
                  (i) for vessels of at least 37 feet in length 
                but less than 40 feet, not more than $50; and
                  (ii) for vessels of at least 40 feet in 
                length, not more than $100.
  (3) The fee or charge established under this subsection 
applies only to vessels operated on the navigable waters of the 
United States where the Coast Guard has a presence.
  (4) The fee or charge established under this subsection does 
not apply to a--
          (A) public vessel; or
          (B) vessel deemed to be a public vessel under section 
        827 of title 14.
  (5) The Secretary shall provide to each person who pays a fee 
or charge under this subsection a separate document on which 
appears, in readily discernible print, only the following 
statement: `The fees for which this document was provided was 
established under the Omnibus Budget Reconciliation Act of 
1990. Persons paying this fee can expect no increase in the 
quantity, quality, or variety of services the person receives 
from the Coast Guard as a result of that payment.
  (c) In addition to the collection of fees and charges 
established under subsections (a) and (b), the Secretary may 
recover appropriate collection and enforcement costs associated 
with delinquent payments of the fees and charges.
  (d)(1) The Secretary may employ any Federal, State, or local 
agency or instrumentality, or any private enterprise or 
business, to collect a fee or charge established under this 
section. A private enterprise or business selected by the 
Secretary to collect fees or charges--
          (A) shall be subject to reasonable terms and 
        conditions agreed to by the Secretary and the 
        enterprise or business;
          (B) shall provide appropriate accounting to the 
        Secretary; and
          (C) may not institute litigation as part of that 
        collection.
  (2) A Federal agency shall account for the agency's costs of 
collecting the fee or charge under this subsection as a 
reimbursable expense, and the costs shall be credited to the 
account from which expended.
  (e) A person that violates this section by failing to pay a 
fee or charge established under this section is liable to the 
United States Government for a civil penalty of not more than 
$5,000 for each violation.
  (f) When requested by the Secretary, the Secretary of the 
Treasury shall deny the clearance required by section 4197 of 
the Revised Statutes of the United States (46 App. U.S.C. 91) 
to a vessel for which a fee or charge established under this 
section has not been paid until the fee or charge is paid or 
until a bond is posted for the payment.
  (g) The Secretary may exempt a person from paying a fee or 
charge established under this section if the Secretary 
determines that it is in the public interest to do so.
  (h) Fees and charges collected by the Secretary under this 
section shall be deposited in the general fund of the Treasury 
as offsetting receipts of the department in which the Coast 
Guard is operating and ascribed to Coast Guard activities.
  (i) The collection of a fee or charge under this section does 
not alter or expand the functions, powers, responsibilities, or 
liability of the United States under any law for the 
performance of services or the provision of a thing of value 
for which a fee or charge is collected under this section.
  (j) The Secretary may not establish or collect a fee or 
charge for the inspection under part B of this subtitle of 
training vessels operated by state maritime academies.
          * * * * * * *

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) for a vessel, issue a special permit specifying 
        the conditions of operation and equipment;
          (2) exempt an oceanographic research vessel from that 
        provision underconditions the Secretary may specify;
          (3) establish different operating and equipment 
        requirements for vessels defined in section 2101(42)(A) 
        of this title;
          (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) 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; and
          (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 implement or conduct, or who 
otherwise fails to comply with the requirements prescribed by 
the Secretary for, chemical testing for dangerous drugs or for 
evidence of alcohol use, as prescribed under this subtitle or a 
regulation prescribed by the Secretary to carry out the 
provisions of this subtitle, is liable to the United States 
Government for a civil penalty of not more than $1,000 for each 
violation. Each day of a continuing violation shall constitute 
a separate violation.
          * * * * * * *

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 
        self-propelled mobile offshore drilling unit of at 
        least 500 gross tons.
  (b) Voluntary Application.--This chapter applies to a vessel 
not described in subsection (a) of this section if the owner of 
the vessel requests the Secretary to apply this chapter to the 
vessel.
  (c) Exception.--Except as provided in subsection (b) of this 
section, this chapter does not apply to--
          (1) a barge;
          (2) a recreational vessel not engaged in commercial 
        service;
          (3) a fishing vessel;
          (4) a vessel operating on the Great Lakes or its 
        tributary and connecting waters; or
          (5) a public vessel.

Sec. 3203. Safety management system

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

Sec. 3204. Implementation of safety management system

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

Sec. 3205. Certification

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

                    CHAPTER 33. INSPECTION GENERALLY

Sec. 3301. Vessels subject to inspection

  The following categories of vessels are subject to inspection 
under this part:
          (1) freight vessels.
          (2) nautical school vessels.
          (3) offshore supply vessels.
          (4) passenger vessels.
          (5) sailing school vessels.
          (6) seagoing barges.
          (7) seagoing motor vessels.
          (8) small passenger vessels.
          (9) steam vessels.
          (10) tank vessels.
          (11) fish processing vessels.
          (12) fish tender vessels.
          (13) Great Lakes barges.
          (14) oil spill response vessels.

Sec. 3302. Exemptions

  (a) A vessel is not excluded from one category only because 
the vessel is--
          (1) included in another category of section 3301 of 
        this title; or
          (2) excluded by this section from another category of 
        section 3301 of this title.
  (b) A fishing vessel, including a vessel chartered part-time 
as a fish tender vessel, is exempt from section 3301(1), (7), 
(11), and (12) of this title.
  (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) when transporting cargo (including fishery-
        related products) to or from a place in Alaska--
                  (i) that place does not receive weekly common 
                carrier service by water from a place in the 
                United States; or
                  (ii) the cargo is of a type not accepted by 
                that common carrier service; or
          (B) in the case of a fish tender vessel, the vessel 
        is not engaged in the Aleutian trade.
  (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;
          (B) has an incline test performed by a marine 
        surveyor; and
          (C) has written stability instructions posted on 
        board the vessel.
  (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) southeastern Alaska shoreward of the Boundary 
        Line; or
          (B) southeastern Alaska shoreward of the Boundary 
        Line and--
                  (i) Prince Rupert, British Columbia; or
                  (ii) waters of Washington shoreward of the 
                Boundary Line, via sheltered waters, as defined 
                in article I of the treaty dated December 9, 
                1933, between the United States and Canada 
                defining certain waters as sheltered waters.
  (2) The transportation authorized under this subsection is 
limited to and from places not receiving annual weekly 
transportation service from any part of the United States by an 
established water common carrier. However, the limitation does 
not apply to transporting cargo of a character not accepted for 
transportation by that carrier.
  (e) A vessel laid up, dismantled, or out of commission is 
exempt from inspection.
  (f) Section 3301 (4) and (8) of this title does not apply to 
an oceanographic research vessel because it is carrying 
scientific personnel.
  (g)(1) Except when compliance with major structural or major 
equipment requirements is necessary to remove an especially 
hazardous condition, an offshore supply vessel is not subject 
to regulations or standards for those requirements if the 
vessel--
          (A) was operating as an offshore supply vessel before 
        January 2, 1979; or
          (B) was contracted for before January 2, 1979, and 
        entered into service as an offshore supply vessel 
        before October 6, 1980.
  (2) After December 31, 1988, this subsection does not apply 
to an offshore supply vessel that is at least 20 years of age.
  (h) An offshore supply vessel operating on January 1, 1979, 
under a certificate of inspection issued by the Secretary, is 
subject to an inspection standard or requirement only if the 
standard or requirement could have been prescribed for the 
vessel under authority existing under law on October 5, 1980.
  (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;
          (B) is in a condition that does not present an 
        immediate threat to the safety of life or the 
        environment; and
          (C) was operating in the waters off Alaska as of June 
        1, 1976, or the vessel is a replacement for a vessel 
        that was operating in the waters off Alaska as of June 
        1, 1976, if the vessel being replaced is no longer in 
        service.
  (2) Except in a situation declared to be an emergency by the 
Secretary, a vessel operating under a permit may not transport 
cargo to or from a place if the cargo could be transported by 
another commercial vessel that is reasonably available and that 
does not require exemptions to operate legally or if the cargo 
could be readily transported by overland routes.
  (3) A permit may be issued for a specific voyage or for not 
more than one year. The permit may impose specific requirements 
about the amount or type of cargo to be carried, manning, the 
areas or specific routes over which the vessel may operate, or 
other similar matters. The duration of the permit and 
restrictions contained in the permit shall be at the sole 
discretion of the Secretary.
  (4) A designated Coast Guard official who has reason to 
believe that a vessel issued a permit is in a condition or is 
operated in a manner that creates an immediate threat to the 
safety of life or the environment or is operated in a manner 
that is inconsistent with the terms of the permit, may direct 
the master or individual in charge to take immediate and 
reasonable steps to safeguard life and the environment, 
including directing the vessel to a port or other refuge.
  (5) If a vessel issued a permit creates an immediate threat 
to the safety of life or the environment, or is operated in a 
manner inconsistent with the terms of the permit or the 
requirements of paragraph (2) of this subsection, the permit 
may be revoked. The owner, charterer, managing operator, agent, 
master, or individual in charge of a vessel issued a permit, 
that willfully permits the vessel to be operated, or operates, 
the vessel in a manner inconsistent with the terms of the 
permit, is liable to the United States Government for a civil 
penalty of not more than $1,000.
  (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) when used in connection with a course of 
        instruction dealing with any aspect of maritime 
        education or study; and
          (2) operated by--
                  (A) the United States Merchant Marine 
                Academy; or
                  (B) a State maritime academy assisted under 
                section 1304 of the Merchant Marine Act, 1936 
                (46 App. U.S.C. 1295c).
  (k) Only the boiler, engine, and other operating machinery of 
a steam vessel that is a recreational vessel of not more than 
65 feet overall in length are subject to inspection under 
section 3301(9) of this title.
  (l)(1) The Secretary may issue a permit exempting the 
following vessels from the requirements of this part for 
passenger vessels so long as the vessels are owned by nonprofit 
organizations and operated as nonprofit memorials to merchant 
mariners:
          (A) The steamship John W. Brown (United States 
        official number 242209), owned by Project Liberty Ship 
        Baltimore, Incorporated, located in Baltimore, 
        Maryland.
          (B) The steamship Lane Victory (United States 
        official number 248094), owned by the United States 
        Merchant Marine Veterans of World War II, located in 
        San Pedro, California.
          (C) The steamship Jeremiah O'Brien (United States 
        official number 243622), owned by the United States 
        Maritime Administration.
  (2) The Secretary may issue a permit for a specific voyage or 
for not more than one year. The Secretary may impose specific 
requirements about the number of passengers to be carried, 
manning, the areas or specific routes over which the vessel may 
operate, or other similar matters.
  (3) A designated Coast Guard official who has reason to 
believe that a vessel operating under this subsection is in a 
condition or is operated in a manner that creates an immediate 
threat to life or the environment or is operated in a manner 
that is inconsistent with this section, may direct the master 
or individual in charge to take immediate and reasonable steps 
to safeguard life and the environment, including directing the 
vessel to a port or other refuge.
  (m) A seagoing barge is not subject to inspection under 
section 3301(6) of this title if the vessel is unmanned and 
does not carry--
          (1) a hazardous material as cargo; or
          (2) a flammable or combustible liquid, including oil, 
        in bulk.

Sec. 3303. Reciprocity for foreign vessels

  [(a) Except as provided in chapter 37 of this title, a] 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) the design, construction, alteration, repair, and 
        operation of those vessels, including superstructures, 
        hulls, fittings, equipment, appliances, propulsion 
        machinery, auxiliary machinery, boilers, unfired 
        pressure vessels, piping, electric installations, and 
        accommodations for passengers and crew, sailing school 
        instructors, and sailing school students;
          (2) lifesaving equipment and its use;
          (3) firefighting equipment, its use, and 
        precautionary measures to guard against fire;
          (4) inspections and tests related to [clauses (1)-
        (3)] paragraphs (1), (2), and (3) of this subsection; 
        and
          (5) the use of vessel stores and other supplies of a 
        dangerous nature.
  [(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.''.
  (c) In prescribing regulations for sailing school vessels, 
the Secretary shall consult with representatives of the private 
sector having experience in the operation of vessels likely to 
be certified as sailing school vessels. The regulations shall--
          (1) reflect the specialized nature of sailing school 
        vessel operations, and the character, design, and 
        construction of vessels operating as sailing school 
        vessels; and
          (2) include requirements for notice to sailing school 
        instructors and sailing school students about the 
        specialized nature of sailing school vessels and 
        applicable safety regulations.
  (d) In prescribing regulations for nautical school vessels 
operated by the United States Merchant Marine Academy or by a 
State maritime academy (as defined in section 1302(3) of the 
Merchant Marine Act, 1936 (46 App. U.S.C. 1295a(3)), the 
Secretary shall consider the function, purpose, and operation 
of the vessels, their routes, and the number of individuals who 
may be carried on the vessels.
  (e) When the Secretary finds it in the public interest, the 
Secretary may suspend or grant exemptions from the requirements 
of a regulation prescribed under this section related to 
lifesaving and firefighting equipment, muster lists, ground 
tackle and hawsers, and bilge systems.
  (f) In prescribing regulations for offshore supply vessels, 
the Secretary shall consider the characteristics, methods of 
operation, and the nature of the service of offshore supply 
vessels.
  (g) In prescribing regulations for fish processing or fish 
tender vessels, the Secretary shall consult with 
representatives of the private sector having experience in the 
operation of these vessels. The regulations shall reflect the 
specialized nature and economics of fish processing or fish 
tender vessel operations and the character, design, and 
construction of fish processing or fish tender vessels.
  (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] 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 years.] 5 years.

Sec. 3308. Examinations

  In addition to inspections required by section 3307 of this 
title, the Secretary shall examine or have examined--
          (1) each vessel subject to inspection at proper times 
        to ensure compliance with law and regulations; and
          (2) crewmember accommodations on each vessel subject 
        to inspection at least once a month or when the vessel 
        enters United States ports to ensure that the 
        accommodations are--
                  (A) of the size required by law and 
                regulations;
                  (B) properly ventilated and in a clean and 
                sanitary condition; and
                  (C) equipped with proper plumbing and 
                mechanical appliances required by law and 
                regulations, and the appliances are in good 
                working condition.

Sec. 3309. Certificate of inspection

  (a) When an inspection under section 3307 of this title has 
been made and a vessel has been found to be in compliance with 
the requirements of law and regulations, a certificate of 
inspection, in a form prescribed by the Secretary, shall be 
issued to the vessel.
  (b) The Secretary may issue a temporary certificate of 
inspection in place of a regular certificate of inspection 
issued under subsection (a) of this section.
  (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) will be required to be inspected; or
          (2) will not be operated so as to require an 
        inspection.
          * * * * * * *

Sec. 3316. United States 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) shall maintain in the United States complete 
        files of all information derived from or necessarily 
        connected with the inspection or examination for at 
        least 2 years after the vessel ceases to be certified; 
        and
          (B) shall permit access to those files at all 
        reasonable times to any officer, employee, or member of 
        the Coast Guard designated--
                  (i) as a marine inspector and serving in a 
                position as a marine inspector; or
                  (ii) in writing by the Secretary to have 
                access to those files.
  [(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.
  (b) A person that knowingly manufactures, sells, offers for 
sale, or possesses with intent to sell, any equipment subject 
to this part, and the equipment is so defective as to be 
insufficient to accomplish the purpose for which it is 
intended, commits a class D felony.
  (c) A person that employs a means or device whereby a boiler 
may be subjected to a pressure greater than allowed by the 
terms of the vessel's certificate of inspection commits a class 
D felony.
  (d) A person that deranges or hinders the operation of any 
machinery or device employed on a vessel to denote the state of 
steam or water in any boiler or to give warning of approaching 
danger, or permits the water level of any boiler when in 
operation of a vessel to fall below its prescribed low-water 
line, commits a class D felony.
  (e) A person that alters, defaces, obliterates, removes, or 
destroys any plans or specifications required by and approved 
under a regulation prescribed under section 3306 of this title, 
with intent to deceive or impede any official of the United 
States in carrying out that official's duties, commits a class 
A misdemeanor.
  (f) A person commits a class D felony if the person--
          (1) forges or counterfeits with intent to make it 
        appear genuine any mark or stamp prescribed for 
        material to be tested and approved under section 3306 
        of this title or a regulation prescribed under section 
        3306;
          (2) knowingly uses, affixes, or causes to be used or 
        affixed, any such forged or counterfeited mark or stamp 
        to or on material of any description;
          (3) with fraudulent intent, possesses any such mark, 
        stamp, or other device knowing it to be forged or 
        counterfeited; or
          (4) with fraudulent intent, marks or causes to be 
        marked with the trademark or name of another, material 
        required to be tested and approved under section 3306 
        of this title or a regulation prescribed under section 
        3306.
  (g) A person is liable to the Government for a civil penalty 
of not more than $5,000, if the person--
          (1) interferes with the inspection of a nautical 
        school vessel;
          (2) violates a regulation prescribed for a nautical 
        school vessel;
          (3) is an owner of a nautical school vessel operated 
        in violation of this part; or
          (4) is an officer or member of the board of directors 
        of a school, organization, association, partnership, or 
        corporation owning a nautical school vessel operated in 
        violation of a regulation prescribed for a nautical 
        school vessel.
  (h) An owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel that fails to give the notice 
required by section 3304(b) of this title is liable to the 
government for a civil penalty of not more than $1,000. The 
vessel also is liable in rem for the penalty.
  (i) A person violating section 3309(c) of this title is 
liable to the Government for a civil penalty of not more than 
$1,000.
  (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.
  (2) A person is not liable for a penalty under this 
subsection if--
          (A) the owner, charterer, managing operator, agent, 
        master, or individual in charge of the vessel has 
        notified the Secretary under section 3309(c) of this 
        title;
          (B) the owner, charterer, managing operator, agent, 
        master, or individual in charge of the vessel has 
        complied with all other directions and requirements for 
        obtaining an inspection under this part; and
          (C) the Secretary believes that unforeseen 
        circumstances exist so that it is not feasible to 
        conduct a scheduled inspection before the expiration of 
        the certificate of inspection.
  (k) The owner, charterer, managing operator, agent, master, 
or individual in charge of a vessel failing to comply with a 
direction issued by the Secretary under section 3311(b) of this 
title is liable to the Government for a civil penalty of not 
more than $10,000 for each day during which the violation 
occurs. The vessel also is liable in rem for the penalty.
  (l) A person committing an act described by subsections (b)-
(f) of this section is liable to the Government for a civil 
penalty of not more than $5,000. If the violation involves the 
operation of a vessel, the vessel also is liable in rem for the 
penalty.
          * * * * * * *

         CHAPTER 37. CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

Sec. 3702. Application

  (a) Subject to subsections (b)-(e) of this section, this 
chapter applies to a tank vessel.
  (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;
          (2) not a tanker; and
          (3) in the service of oil exploitation.
  (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.
  (e) This chapter does not apply to a foreign vessel on 
innocent passage on the navigable waters of the United States.
  (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) Except as otherwise provided in this section, a vessel to 
which this chapter applies shall be equipped with a double 
hull--
          (1) if it is constructed or adapted to carry, or 
        carries, oil in bulk as cargo or cargo residue; and
          (2) when operating on the waters subject to the 
        jurisdiction of the United States, including the 
        Exclusive Economic Zone.
  (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.
  (c)(1) In this subsection, the age of a vessel is determined 
from the later of the date on which the vessel--
          (A) is delivered after original construction;
          (B) is delivered after completion of a major 
        conversion; or
          (C) had its appraised salvage value determined by the 
        Coast Guard and is qualified for documentation under 
        section 4136 of the Revised Statutes of the United 
        States (46 App. U.S.C. 14).
  (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 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) after January 1, 1995, if the vessel is 
                40 years old or older and has a single hull, or 
                is 45 years old or older and has a double 
                bottom or double sides;
                  (ii) after January 1, 1996, if the vessel is 
                39 years old or older and has a single hull, or 
                is 44 years old or older and has a double 
                bottom or double sides;
                  (iii) after January 1, 1997, if the vessel is 
                38 years old or older and has a single hull, or 
                is 43 years old or older and has a double 
                bottom or double sides;
                  (iv) after January 1, 1998, if the vessel is 
                37 years old or older and has a single hull, or 
                is 42 years old or older and has a double 
                bottom or double sides;
                  (v) after January 1, 1999, if the vessel is 
                36 years old or older and has a single hull, or 
                is 41 years old or older and has a double 
                bottom or double sides;
                  (vi) after January 1, 2000, if the vessel is 
                35 years old or older and has a single hull, or 
                is 40 years old or older and has a double 
                bottom or double sides; and
                  (vii) after January 1, 2005, if the vessel is 
                25 years old or older and has a single hull, or 
                is 30 years old or older and has a double 
                bottom or double sides;
          (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) after January 1, 1995, if the vessel is 
                40 years old or older and has a single hull, or 
                is 45 years old or older and has a double 
                bottom or double sides;
                  (ii) after January 1, 1996, if the vessel is 
                38 years old or older and has a single hull, or 
                is 43 years old or older and has a double 
                bottom or double sides;
                  (iii) after January 1, 1997, if the vessel is 
                36 years old or older and has a single hull, or 
                is 41 years old or older and has a double 
                bottom or double sides;
                  (iv) after January 1, 1998, if the vessel is 
                34 years old or older and has a single hull, or 
                is 39 years old or older and has a double 
                bottom or double sides;
                  (v) after January 1, 1999, if the vessel is 
                32 years old or older and has a single hull, or 
                37 years old or older and has a double bottom 
                or double sides;
                  (vi) after January 1, 2000, if the vessel is 
                30 years old or older and has a single hull, or 
                is 35 years old or older and has a double 
                bottom or double sides;
                  (vii) after January 1, 2001, if the vessel is 
                29 years old or older and has a single hull, or 
                is 34 years old or older and has a double 
                bottom or double sides;
                  (viii) after January 1, 2002, if the vessel 
                is 28 years old or older and has a single hull, 
                or is 33 years old or older and has a double 
                bottom or double sides;
                  (ix) after January 1, 2003, if the vessel is 
                27 years old or older and has a single hull, or 
                is 32 years old or older and has a double 
                bottom or double sides;
                  (x) after January 1, 2004, if the vessel is 
                26 years old or older and has a single hull, or 
                is 31 years old or older and has a double 
                bottom or double sides; and
                  (xi) after January 1, 2005, if the vessel is 
                25 years old or older and has a single hull, or 
                is 30 years old or older and has a double 
                bottom or double sides; and
          (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) after January 1, 1995, if the vessel is 
                28 years old or older and has a single hull, or 
                33 years old or older and has a double bottom 
                or double sides;
                  (ii) after January 1, 1996, if the vessel is 
                27 years old or older and has a single hull, or 
                is 32 years old or older and has a double 
                bottom or double sides;
                  (iii) after January 1, 1997, if the vessel is 
                26 years old or older and has a single hull, or 
                is 31 years old or older and has a double 
                bottom or double sides;
                  (iv) after January 1, 1998, if the vessel is 
                25 years old or older and has a single hull, or 
                is 30 years old or older and has a double 
                bottom or double sides;
                  (v) after January 1, 1999, if the vessel is 
                24 years old or older and has a single hull, or 
                29 years old or older and has a double bottom 
                or double sides; and
                  (vi) after January 1, 2000, if the vessel is 
                23 years old or older and has a single hull, or 
                is 28 years old or older and has a double 
                bottom or double sides.
  (4) Except as provided in subsection (b) of this section--
          (A) a vessel that has a single hull may not operate 
        after January 1, 2010; and
          (B) a vessel that has a double bottom or double sides 
        may not operate after January 1, 2015.
          * * * * * * *

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) 2 remote steering gear control systems operable 
        separately from thenavigating bridge;
          (2) the main steering gear control in the steering 
        gear compartment;
          (3) means of communications and rudder angle 
        indicators on the navigating bridge, a remote steering 
        gear control station, and the steering gear 
        compartment;
          (4) at least 2 identical and adequate power units for 
        the main steering gear;
          (5) an alternative and adequate power supply, either 
        from an emergency source of electrical power or from 
        another independent source of power located in the 
        steering gear compartment; and
          (6) means of automatic starting and stopping of power 
        units with attendant alarms at all steering stations.
  (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) 2 remote steering gear control systems operable 
        separately from the navigating bridge;
          (2) the main steering gear control in the steering 
        gear compartment; and
          (3) means of communications and rudder angle 
        indicators on the navigating bridge, a remote steering 
        gear control station, and the steering gear 
        compartment.

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) a dual radar system with short-range and long-
        range capabilities, eachwith true-north features;
          (2) an electronic relative motion analyzer that is at 
        least functionally equivalent to equipment complying 
        with specifications established by the Secretary of 
        Transportation;
          (3) an electronic position-fixing device;
          (4) adequate communications equipment;
          (5) a sonic depth finder;
          (6) a gyrocompass; and
          (7) up-to-date charts.
          * * * * * * *

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

  (a) A vessel of the United States to which this chapter 
applies that has on board oil or hazardous material in bulk as 
cargo or cargo residue must have a certificate of inspection 
issued under this part, endorsed to indicate that the vessel 
complies with regulations prescribed under this chapter.
  (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.
          * * * * * * *

                    CHAPTER 43. RECREATIONAL VESSELS

Sec. 4307. Prohibited acts

  (a) A person may not--
          (1) manufacture, construct, assemble, sell or offer 
        for sale, introduce or deliver for introduction into 
        interstate commerce, or import into the United States, 
        a recreational vessel, associated equipment, or 
        component of the vessel or equipment unless--
                  (A)(i) it conforms with this chapter or a 
                regulation prescribed under this chapter; and
                  (ii) it does not contain a defect which has 
                been identified, in any communication to such 
                person by the Secretary or the manufacturer of 
                that vessel, equipment or component, as 
                creating a substantial risk of personal injury 
                to the public; or
                  (B) it is intended only for export and is so 
                labeled, tagged, or marked on the recreational 
                vessel or equipment, including any markings on 
                the outside of the container in which it is to 
                be exported;
          (2) affix, attach, or display a seal, document, 
        label, plate, insignia, or other device indicating or 
        suggesting compliance with standards of the United 
        States Government on, in, or in connection with, a 
        recreational vessel or item of associated equipment 
        that is false or misleading; [or]
          (3) fail to provide a notification as required by 
        this chapter or fail to exercise reasonable diligence 
        in carrying out the notification and reporting 
        requirements of this [chapter.] chapter; or
          (4) operate a recreational vessel under 26 feet in 
        length unless each individual 6 years of age or youner 
        wears a Coast Guard approved personal flotation device 
        when the individual is on a open deck of the vessel.
  (b) A person may not operate a vessel in violation of this 
chapter or a regulation prescribed under this chapter.
  (c) Subsection (a)(4) shall not be construed to limit the 
authority of a State to establish requirements relating to the 
wearing of personal flotation devices on recreational vessels 
that are more stringent than the requirements of that 
subsection.
          * * * * * * *

Sec. 4311. Penalties and injunctions

  (a) A person willfully operating a recreational vessel in 
violation of this chapter or a regulation prescribed under this 
chapter shall be fined not more than $5,000, imprisoned for not 
more than one year, or both.
  (b) A person violating section 4307(a)(1) of this title is 
liable to the United States Government for a civil penalty of 
not more than $2,000, except that the maximum civil penalty may 
be not more than $100,000 for a related series of violations. 
When a corporation violates section 4307(a)(1), any director, 
officer, or executive employee of the corporation who knowingly 
and willfully ordered, or knowingly and willfully authorized, a 
violation is individually liable to the Government for the 
penalty, in addition to the corporation. However, the director, 
officer, or executive employee is not liable individually under 
this subsection if the director, officer, or executive employee 
can demonstrate by a preponderance of the evidence that--
          (1) the order or authorization was issued on the 
        basis of a decision, in exercising reasonable and 
        prudent judgment, that the defect or the nonconformity 
        with standards and regulations constituting the 
        violation would not cause or constitute a substantial 
        risk of personal injury to the public; and
          (2) at the time of the order or authorization, the 
        director, officer, or executive employee advised the 
        Secretary in writing of acting under this clause and 
        clause (1) of this subsection.
  (c) A person violating any other provision of this chapter or 
other regulation prescribed under this chapter is liable to the 
Government for a civil penalty of not more than $1,000. If the 
violation involves the operation of a vessel, the vessel also 
is liable in rem for the penalty.
  (d) When a civil penalty of not more than $200 has been 
assessed under this chapter, the Secretary may refer the matter 
of collection of the penalty directly to the United States 
magistrate of the jurisdiction in which the person liable may 
be found for collection procedures under supervision of the 
district court and under an order issued by the court 
delegating this authority under section 636(b) of title 28.
  (e) The district courts of the United States have 
jurisdiction to restrain a violation of this chapter, or to 
restrain the sale, offer for sale, introduction or delivery for 
introduction into interstate commerce, or importation into the 
United States, of a recreational vessel or associated equipment 
that the court decides does not conform to safety standards of 
the Government. A civil action under this subsection shall be 
brought by filing a petition by the Attorney General for the 
Government. When practicable, the Secretary shall give notice 
to a person against whom an action for injunctive relief is 
contemplated and provide the person with an opportunity to 
present views and, except for a knowing and willful violation, 
shall provide the person with a reasonable opportunity to 
achieve compliance. The failure to give notice and provide the 
opportunity does not preclude the granting of appropriate 
relief by the district court.
  (f) A person is not subject to a penalty under this chapter 
if the person--
          (1) establishes that the person did not have reason 
        to know, in exercising reasonable care, that a 
        recreational vessel or associated equipment does not 
        conform with the applicable safety standards of the 
        Government or that the person, was not advised by the 
        Secretary or the manufacturer of that vessel, equipment 
        or component that the vessel, equipment or component 
        contains a defect which creates a substantial risk of 
        personal injury to the public; or
          (2) holds a certificate issued by the manufacturer of 
        that recreational vessel or associated equipment to the 
        effect that the recreational vessel or associated 
        equipment conforms to all applicable recreational 
        vessel safety standards of the Government, unless the 
        person knows or reasonably should have known that the 
        recreational vessel or associated equipment does not so 
        conform.
  (g) Compliance with this chapter or standards, regulations, 
or orders prescribed under this chapter does not relieve a 
person from liability at common law or under State law.
  (h) Notwithstanding any other provision of this section, in 
the case of a person violating section 4307(a)(4) of this 
title--
          (1) the maximum penalty assessable under subsection 
        (a) is a fine of $100 with no imprisonment; and
          (2) the maximum civil penalty assessable under 
        subsection (c) is $100.
          * * * * * * *

      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) readily accessible fire extinguishers capable of 
        promptly and effectively extinguishing a flammable or 
        combustible liquid fuel fire;
          (2) at least one readily accessible life preserver or 
        other lifesaving device for each individual on board;
          (3) an efficient flame arrestor, backfire trap, or 
        other similar device on the carburetors of each inboard 
        engine which uses gasoline as fuel;
          (4) the means to properly and efficiently ventilate 
        enclosed spaces, including engine and fuel tank 
        compartments, so as to remove explosive or flammable 
        gases;
          (5) visual distress signals;
          (6) a buoyant apparatus, if the vessel is of a type 
        required by regulations prescribed by the Secretary to 
        be equipped with that apparatus;
          (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
          (8) a placard as required by regulations prescribed 
        under section 10603(b) of this title.
  (b)(1) In addition to the requirements of subsection (a) of 
this section, the Secretary shall prescribe regulations 
requiring the installation, maintenance, and use of the 
equipment in paragraph (2) of this subsection for documented 
vessels to which this chapter applies that--
          (A) operate beyond the Boundary Line;
          (B) operate with more than 16 individuals on board; 
        or
          (C) in the case of a fish tender vessel, engage in 
        the Aleutian trade.
  (2) The equipment to be required is as follows:
          (A) alerting and locating equipment, including 
        emergency position indicating radio beacons;
          (B) lifeboats or liferafts sufficient to accommodate 
        all individuals onboard;
          (C) at least one readily accessible immersion suit 
        for each individual on board that vessel when operating 
        on the waters described in section 3102 of this title;
          (D) radio communications equipment sufficient to 
        effectively communicate with land-based search and 
        rescue facilities;
          (E) navigation equipment, including compasses, radar 
        reflectors, nautical charts, and anchors;
          (F) first aid equipment, including medicine chests; 
        and
          (G) other equipment required to minimize the risk of 
        injury to the crew during vessel operations, if the 
        Secretary determines that a risk of serious injury 
        exists that can be eliminated or mitigated by that 
        equipment.
  (c)(1) In addition to the requirements described in 
subsections (a) and (b) of this section, the Secretary may 
prescribe regulations establishing the standards in paragraph 
(2) of this subsection for vessels to which this chapter 
applies that--
          (A)(i) were built after December 31, 1988, or undergo 
        a major conversion completed after that date; and
          (ii) operate with more than 16 individuals on board; 
        or
          (B) in the case of a fish tender vessel, engage in 
        the Aleutian trade.
  (2) The standards shall be minimum safety standards, 
including standards relating to--
          (A) navigation equipment, including radars and 
        fathometers;
          (B) lifesaving equipment, immersion suits, signaling 
        devices, bilge pumps, bilge alarms, life rails, and 
        grab rails;
          (C) fire protection and firefighting equipment, 
        including fire alarms and portable and semiportable 
        fire extinguishing equipment;
          (D) use and installation of insulation material;
          (E) storage methods for flammable or combustible 
        material; and
          (F) fuel, ventilation, and electrical systems.
  (d)(1) The Secretary shall prescribe regulations for the 
operating stability of a vessel to which this chapter applies--
          (A) that was built after December 31, 1989; or
          (B) the physical characteristics of which are 
        substantially altered after December 31, 1989, in a 
        manner that affects the vessel's operating stability.
  (2) The Secretary may accept, as evidence of compliance with 
this subsection, a certification of compliance issued by the 
person providing insurance for the vessel or by another 
qualified person approved by the Secretary.
  (e) In prescribing regulations under this chapter, the 
Secretary--
          (1) shall consider the specialized nature and 
        economics of the operations and the character, design, 
        and construction of the vessel; and
          (2) may not require the alteration of a vessel or 
        associated equipment that was constructed or 
        manufactured before the effective date of the 
        regulation.
  (f) To ensure compliance with the requirements of this 
chapter, at least once every 2 years the Secretary shall 
examine--
          (1) a fish processing vessel; and
          (2) a fish tender vessel engaged in the Aleutian 
        trade.
          * * * * * * *

Sec.  4508. Commercial Fishing Industry Vessel Advisory Committee

  (a) The Secretary shall establish a Commercial Fishing 
Industry Vessel Advisory Committee. The Committee--
          (1) may advise, consult with, report to, and make 
        recommendations to the Secretary on matters relating to 
        the safe operation of vessels to which this chapter 
        applies, including navigation safety, safety equipment 
        and procedures, marine insurance, vessel design, 
        construction, maintenance and operation, and personnel 
        qualifications and training;
          (2) may review proposed regulations under this 
        chapter;
          (3) may make available to Congress any information, 
        advice, and recommendations that the Committee is 
        authorized to give to the Secretary; and
          (4) shall meet at the call of the Secretary, who 
        shall call such a meeting at least once during each 
        calendar year.
  (b)(1) The Committee shall consist of seventeen members with 
particular expertise, knowledge, and experience regarding the 
commercial fishing industry as follows:
          (A) ten members from the commercial fishing industry 
        who--
                  (i) reflect a regional and representational 
                balance; and
                  (ii) have experience in the operation of 
                vessels to which this chapter applies or as a 
                crew member or processing line worker on an 
                uninspected fish processing vessel;
          (B) three members from the general public, including, 
        whenever possible, an independent expert or consultant 
        in maritime safety and a member of a national 
        organization composed of persons representing owners of 
        vessels to which this chapter applies and persons 
        representing the marine insurance industry;
          (C) one member representing each of--
                  (i) naval architects or marine surveyors;
                  (ii) manufacturers of equipment for vessels 
                to which this chapter applies;
                  (iii) education or training professionals 
                related to fishing vessel, fish processing 
                vessel, or fish tender vessel safety or 
                personnel qualifications; and
                  (iv) underwriters that insure vessels to 
                which this chapter applies.
  (2) At least once each year, the Secretary shall publish a 
notice in the Federal Register and in newspapers of general 
circulation in coastal areas soliciting nominations for 
membership on the Committee, and, after timely notice is 
published, appoint the members of the Committee. An individual 
may be appointed to a term as a member of the Committee more 
than once. The Secretary may not seek or use information 
concerning the political affiliation of individuals in making 
appointments to the Committee.
  (3)(A) A member of the Committee shall serve a term of three 
years.
  (B) If a vacancy occurs in the membership of the Committee, 
the Secretary shall appoint a member to fill the remainder of 
the vacated term.
  (4) The Committee shall elect one of its members as the 
Chairman and one of its members as the Vice Chairman. The Vice 
Chairman shall act as Chairman in the absence or incapacity of, 
or in the event of a vacancy in the office of, the Chairman.
  (5) The Secretary shall, and any other interested agency may, 
designate a representative to participate as an observer with 
the Committee. These representatives shall, as appropriate, 
report to and advise the Committee on matters relating to 
vessels to which this chapter applies which are under the 
jurisdiction of their respective agencies. The Secretary's 
designated representative shall act as executive secretary for 
the Committee and perform the duties set forth in section 10(c) 
of the Federal Advisory Committee Act (5 App. U.S.C.).
  (c)(1) The Secretary shall, whenever practicable, consult 
with the Committee before taking any significant action 
relating to the safe operation of vessels to which this chapter 
applies.
  (2) The Secretary shall consider the information, advice, and 
recommendations of the Committee in consulting with other 
agencies and the public or in formulating policy regarding the 
safe operation of vessels to which this chapter applies.
  (d)(1) A member of the Committee who is not an officer or 
employee of the United States or a member of the Armed Forces, 
when attending meetings of the Committee or when otherwise 
engaged in the business of the Committee, is entitled to 
receive--
          (A) compensation at a rate fixed by the Secretary, 
        not exceeding the daily equivalent of the current rate 
        of basic pay in effect for GS-18 of the General 
        Schedule under section 5332 of title 5 including travel 
        time; and
          (B) travel or transportation expenses under section 
        5703 of title 5.
  (2) Payments under this section do not render a member of the 
Committee an officer or employee of the United States or a 
member of the Armed Forces for any purpose.
  (3) A member of the Committee who is an officer or employee 
of the United States or a member of the Armed Forces may not 
receive additional pay based on the member's service to the 
Committee.
  (4) The provisions of this section relating to an officer or 
employee of the United States or a member of the Armed Forces 
do not apply to a member of a reserve component of the Armed 
Forces unless that member is in an active status.
  (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.] September 30, 2000.
  (2) Two years prior to the termination date referred to in 
paragraph (1) of this subsection, the Committee shall submit to 
Congress its recommendation regarding whether the Committee 
should be renewed and continued beyond the termination date.
          * * * * * * *

                   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.
          (2) ``barge removal contractor'' means a person that 
        enters into a contract with the United States to remove 
        an abandoned barge under this chapter.
          (3) ``navigable waters of the United States'' means 
        waters of the United States, including the territorial 
        sea.
          (4) ``removal'' or ``remove'' means relocation, sale, 
        scrapping, or other method of disposal.
          * * * * * * *

                         CHAPTER 51. LOAD LINES

Sec.  5102. Application

  (a) Except as provided in subsection (b) of this section, 
this chapter applies to the following:
          (1) a vessel of the United States.
          (2) a vessel on the navigable waters of the United 
        States.
          (3) a vessel--
                  (A) owned by a citizen of the United States 
                or a corporation established by or under the 
                laws of the United States or a State; and
                  (B) not registered in a foreign country.
          (4) a public vessel of the United States.
          (5) a vessel otherwise subject to the jurisdiction of 
        the United States.
  (b) This chapter does not apply to the following:
          (1) a vessel of war.
          (2) a recreational vessel when operated only for 
        pleasure.
          (3) a fishing vessel.
          (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)(i) was constructed as a fish processing 
                vessel before August 16, 1974; or
                  (ii) was converted for use as a fish 
                processing vessel before January 1, 1983; and
                  (B) is not on a foreign voyage.
          (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)(i) was constructed, under construction, 
                or under contract to be constructed as a fish 
                tender vessel before January 1, 1980; or
                  (ii) was converted for use as a fish tender 
                vessel before January 1, 1983; and
                  (B)(i) is not on a foreign voyage; or
                  (ii) engaged in the Aleutian trade (except a 
                vessel in that trade assigned a load line at 
                any time before June 1, 1992).
          (6) a vessel of the United States on a domestic 
        voyage that does not cross the Boundary Line, except a 
        voyage on the Great Lakes.
          (7) a vessel of less than 24 meters (79 feet) overall 
        in length.
          (8) a public vessel of the United States on a 
        domestic voyage.
          (9) a vessel excluded from the application of this 
        chapter by an international agreement to which the 
        United States Government is a party.
          (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.
          (11) a small passenger vessel on a domestic voyage.
          (12) a vessel of the working fleet of the Panama 
        Canal Commission not on a foreign voyage.
  (c) On application by the owner and after a survey under 
section 5105 of this title, the Secretary may assign load lines 
for a vessel excluded from the application of this chapter 
undersubsection (b) of this section. A vessel assigned load 
lines under this subsection is subject to this chapter until 
the surrender of its load line certificate and the removal of 
its load line marks.
  (d) This chapter does not affect an international agreement 
to which the Government is a party that is not in conflict with 
the International Convention on Load Lines currently in force 
for the United States.
          * * * * * * *

                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.
          * * * * * * *
  (b) A person failing to comply with section 6104 of this 
title or a regulation prescribed under that section is liable 
to the Government for a civil penalty of not more than $5,000.

           CHAPTER 71. LICENSES AND CERTIFICATES OF REGISTRY

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

  (a) Licenses and certificates of registry are established for 
individuals who are required to hold licenses or certificates 
under this subtitle.
  (b) Under regulations prescribed by the Secretary, the 
Secretary--
          (1) issues the licenses and certificates of registry; 
        and
          (2) may classify the licenses and certificates of 
        registry as provided in subsections (c) and (f) of this 
        section, based on--
                  (A) the tonnage, means of propulsion, and 
                horsepower of machine-propelled vessels;
                  (B) the waters on which vessels are to be 
                operated; or
                  (C) other reasonable standards.
  (c) The Secretary may issue licenses in the following classes 
to applicants found qualified as to age, character, habits of 
life, experience, professional qualifications, and physical 
fitness:
          (1) masters, mates, and engineers.
          (2) pilots.
          (3) operators.
          (4) radio officers.
  (d) In classifying individuals under subsection (c)(1) of 
this section, the Secretary shall establish, when possible, 
suitable career patterns and service and other qualifying 
requirements appropriate to the particular service or industry 
in which the individuals are engaged.
  (e) An individual may be issued a license under subsection 
(c)(2) of this section only if the applicant--
          (1) is at least 21 years of age;
          (2) is of sound health and has no physical 
        limitations that would hinder or prevent the 
        performance of a pilot's duties;
          (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;
          (4) demonstrates, to the satisfaction of the 
        Secretary, that the applicant has the requisite general 
        knowledge and skill to hold the license;
          (5) demonstrates proficiency in the use of electronic 
        aids to navigation;
          (6) maintains adequate knowledge of the waters to be 
        navigated and knowledge of regulations for the 
        prevention of collisions in those waters;
          (7) has sufficient experience, as decided by the 
        Secretary, to evidence ability to handle any vessel of 
        the type and size which the applicant may be authorized 
        to pilot; and
          (8) meets any other requirement the Secretary 
        considers reasonable and necessary.
  (f) The Secretary may issue certificates of registry in the 
following classes to applicants found qualified as to 
character, knowledge, skill, and experience:
          (1) pursers.
          (2) medical doctors.
          (3) professional nurses.
  (g) The Secretary may not issue a license or certificate of 
registry under this section unless an individual applying for 
the license or certificate makes available to the Secretary, 
under section 206(b)(7) of the National Driver Register Act of 
1982 (23 U.S.C. 401 note), any information contained in the 
National Driver Register related to an offense described in 
section 205(a)(3) (A) or (B) of that Act committed by the 
individual.
  (h) The Secretary may review the criminal record of an 
individual who applies for a license or certificate of registry 
under this section.
  (i) The Secretary shall require the testing of an individual 
who applies for issuance or renewal of a license or certificate 
of registry under this chapter for use of a dangerous drug in 
violation of law or Federal regulation.
          * * * * * * *

                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) Individuals qualified as able seamen--unlimited under 
section 7307 of this title may constitute all of the able 
seamen required on a vessel.
  (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
          (2) not more than 50 percent of the number of able 
        seamen required on board other vessels.
  (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.
  (e) When the service of able seamen--limited or able seamen--
special is authorized for only a part of the required number of 
able seamen on board a vessel, the combined percentage of those 
individuals so qualified may not be greater than 50 percent of 
the required number.
  (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.
  (b) The ratings of wiper and coal passer are entry ratings 
and are not ratings as qualified members of the engine 
department.
  (c) An applicant for an endorsement as qualified member of 
the engine department must provide satisfactory proof that the 
applicant--
          (1) has the service required by section 7314 of this 
        title;
          (2) is qualified professionally as demonstrated by an 
        applicable examination; and
          (3) is qualified as to sight, hearing, and physical 
        condition to perform the member's duties.
          * * * * * * *

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.
          * * * * * * *

                          CHAPTER 81. GENERAL

Sec. 8101. Complement of inspected vessels

  (a) The certificate of inspection issued to a vessel under 
part B of this subtitle shall state the complement of licensed 
individuals and crew (including lifeboatmen) considered by the 
Secretary to be necessary for safe operation. A manning 
requirement imposed on--
          (1) a sailing school vessel shall consider the 
        participation of sailing school instructors and sailing 
        school students in the operation of that vessel;
          (2) a mobile offshore drilling unit shall consider 
        the specialized nature of the unit; and
          (3) a tank vessel shall consider the navigation, 
        cargo handling, and maintenance functions of that 
        vessel for protection of life, property, and the 
        environment.
  (b) The Secretary may modify the complement, by endorsement 
on the certificate, for reasons of changed conditions or 
employment.
  (c) A requirement made under this section by an authorized 
official may be appealed to the Secretary under prescribed 
regulations.
  (d) A vessel to which this section applies may not be 
operated without having in its service the complement required 
in the certificate of inspection.
  (e) When a vessel is deprived of the service of a member of 
its complement without the consent, fault, or collusion of the 
owner, charterer, managing operator, agent, master, or 
individual in charge of the vessel, the master shall engage, if 
obtainable, a number of members equal to the number of those of 
whose services the master has been deprived. The replacements 
must be of the same or a higher grade or rating than those 
whose places they fill. If the master finds the vessel is 
sufficiently manned for the voyage, and replacements are not 
available to fill all the vacancies, the vessel may proceed on 
its voyage. Within 12 hours after the vessel arrives at its 
destination, the master shall report in writing to the 
Secretary the cause of each deficiency in the complement. A 
master failing to make the report is liable to the United 
States Government for a civil penalty of $1,000 for each 
deficiency.
  (f) The owner, charterer, or managing operator of a vessel 
not manned as required by this section is liable to the 
Government for a civil penalty of $10,000.
  (g) A person may not employ an individual as, and an 
individual may not serve as, a master, mate, engineer, radio 
officer, or pilot of a vessel to which this part applies or 
which is subject to inspection under chapter 33 of this title 
if the individual is not licensed by the Secretary. A person 
(including an individual) violating this subsection is liable 
to the Government for a civil penalty of not more than $10,000. 
Each day of a continuing violation is a separate offense.
  (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.
  (i) When the 2 next most senior licensed officers on a vessel 
reasonably believe that the master or individual in charge of 
the vessel is under the influence of alcohol or a dangerous 
drug and is incapable of commanding the vessel, the next most 
senior master, mate, or operator licensed under section 
7101(c)(1) or (3) of this title shall--
          (1) temporarily relieve the master or individual in 
        charge;
          (2) temporarily take command of the vessel;
          (3) in the case of a vessel required to have a log 
        under chapter 113 of this title, immediately enter the 
        details of the incident in the log; and
          (4) report those details to the Secretary--
                  (A) by the most expeditious means available; 
                and
                  (B) in written form transmitted within 12 
                hours after the vessel arrives at its next 
                port.

Sec. 8102. Watchmen

  (a) The owner, charterer, or managing operator of a vessel 
carrying passengers during the nighttime shall keep a suitable 
number of watchmen in the vicinity of the cabins or staterooms 
and on each deck to guard against and give alarm in case of a 
fire or other danger. An owner, charterer, or managing operator 
failing to provide watchmen required by this section is liable 
to the United States Government for a civil penalty of $1,000.
  (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) Only a citizen of the United States may serve as master, 
chief engineer, radio officer, or officer in charge of a deck 
watch or engineering watch on a documented vessel.
  (b)(1) Except as otherwise provided in this section, on a 
documented vessel--
          (A) each unlicensed seaman must be a citizen of the 
        United States or an alien lawfully admitted to the 
        United States for permanent residence; and
          (B) not more than 25 percent of the total number of 
        unlicensed seamen on the vessel may be aliens lawfully 
        admitted to the United States for permanentresidence.
  (2) Paragraph (1) of this subsection does not apply to--
          (A) a yacht;
          (B) a fishing vessel fishing exclusively for highly 
        migratory species (as that term is defined in section 3 
        of the Magnuson Fishery Conservation and Management Act 
        (16 U.S.C. 1802)); and
          (C) a fishing vessel fishing outside of the exclusive 
        economic zone.
  (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;
          (B) a mobile offshore drilling unit or other vessel 
        engaged in support of exploration, exploitation, or 
        production of offshore mineral energy resources 
        operating beyond the water above the outer Continental 
        Shelf (as that term is defined in section 2(a) of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)); 
        and
          (C) any other vessel if the Secretary determines, 
        after an investigation, that qualified seamen who are 
        citizens of the United States are not available.
  (c) On each departure of a vessel (except a passenger vessel) 
for which a construction or operating differential subsidy has 
been granted, all of the seamen of the vessel must be citizens 
of the United States.
  (d)(1) On each departure of a passenger vessel for which a 
construction or operating differential subsidy has been 
granted, at least 90 percent of the entire complement 
(including licensed individuals) must be citizens of the United 
States.
  (2) An individual not required by this subsection to be a 
citizen of the United States may be engaged only if the 
individual has a declaration of intention to become a citizen 
of the United States or other evidence of admission to the 
United States for permanent residence. An alien may be employed 
only in the steward's department of the passenger vessel.
  (e) If a documented vessel is deprived for any reason of the 
services of an individual (except the master and the radio 
officer) when on a foreign voyage and a vacancy consequently 
occurs, until the vessel's return to a port at which in the 
most expeditious manner a replacement who is a citizen of the 
United States can be obtained, an individual not a citizen of 
the United States may serve in--
          (1) the vacancy; or
          (2) a vacancy resulting from the promotion of another 
        individual to fill the original vacancy.
  (f) A person employing an individual in violation of this 
section or a regulation prescribed under this section is liable 
to the United States Government for a civil penalty of $500 for 
each individual so employed.
  (g) A deck or engineer officer employed on a vessel on which 
an operating differential subsidy is paid, or employed on a 
vessel (except a vessel of the Coast Guard or Saint Lawrence 
Seaway Development Corporation) owned or operated by the 
Department of Transportation or by a corporation organized or 
controlled by the Department, if eligible, shall be a member of 
the Naval Reserve.
  (h) The President may--
          (1) suspend any part of this section during a 
        proclaimed national emergency; and
          (2) when the needs of commerce require, suspend as 
        far and for a period the President considers desirable, 
        subsection (a) of this section for crews of vessels of 
        the United States documented for foreign trade.
  (i)(1) Except as provided in paragraph (3) of this 
subsection, each unlicensed seaman on a fishing, fish 
processing, or fish tender vessel that is engaged in the 
fisheries in the navigable waters of the United States or the 
exclusive economic zone must be--
          (A) a citizen of the United States;
          (B) an alien lawfully admitted to the United States 
        for permanent residence;or
          (C) any other alien allowed to be employed under the 
        Immigration and Nationality Act (8 U.S.C. 1101 et 
        seq.).
  (2) Not more than 25 percent of the unlicensed seamen on a 
vessel subject to paragraph (1) of this subsection may be 
aliens referred to in clause (C) of that paragraph.
  (3) This subsection does not apply to a fishing vessel 
fishing exclusively for highly migratory species (as that term 
is defined in section 3 of the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1802)).

Sec. 8104. Watches

  (a) An owner, charterer, managing operator, master, 
individual in charge, or other person having authority may 
permit an officer to take charge of the deck watch on a vessel 
when leaving or immediately after leaving port only if the 
officer has been off duty for at least 6 hours within the 12 
hours immediately before the time of leaving.
  (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) a seaman may not be--
                  (A) engaged to work alternately in the deck 
                and engine departments; or
                  (B) required to work in the engine department 
                if engaged for deck department duty or required 
                to work in the deck department if engaged for 
                engine department duty;
          (2) a seaman may not be required to do unnecessary 
        work on Sundays, New Year's Day, July 4th, Labor Day, 
        Thanksgiving Day, or Christmas Day, when the vessel is 
        in a safe harbor, but this clause does not prevent 
        dispatch of a vessel on a voyage; and
          (3) when the vessel is in a safe harbor, 8 hours 
        (including anchor watch) is a day's work.
  (f) Subsections (d) and (e) of this section do not limit the 
authority of the master or other officer or the obedience of 
the seamen when, in the judgment of the master or other 
officer, any part of the crew is needed for--
          (1) maneuvering, shifting the berth of, mooring, or 
        unmooring, the vessel;
          (2) performing work necessary for the safety of the 
        vessel, or the vessel's passengers, crew, or cargo;
          (3) saving life on board another vessel in jeopardy; 
        or
          (4) performing fire, lifeboat, or other drills in 
        port or at sea.
  (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.
  (h) On a vessel to which section 8904 of this title applies, 
an individual licensed to operate a towing vessel may not work 
for more than 12 hours in a consecutive 24-hour period except 
in an emergency.
  (i) A person violating subsection (a) or (b) of this section 
is liable to the United States Government for a civil penalty 
of $10,000.
  (j) The owner, charterer, or managing operator of a vessel on 
which a violation of subsection (c), (d), (e), or (h) of this 
section occurs is liable to the Government for a civil penalty 
of $10,000. The seaman is entitled to discharge from the vessel 
and receipt of wages earned.
  (k) On a fish processing vessel subject to inspection under 
part B of this subtitle, the licensed individuals and deck crew 
shall be divided, when at sea, into at least 3 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
          (2) entered into service after December 31, 1987, and 
        has more than 16 individuals on board primarily 
        employed in the preparation of fish or fish products.
  (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
          (2) 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.
  (n) On a tanker, a licensed individual or seaman may not be 
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 or a drill. In this subsection, ``work'' includes any 
administrative duties associated with the vessel whether 
performed on board the vessel or onshore.
  (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 and work 
hours 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) in the case of a vessel other than a 
                mobile offshore drilling unit, if on a voyage 
                of less than 400 miles from port of departure 
                to port of final destination, the vessel shall 
                have 2 licensed mates; and
                  (B) in the case of a mobile offshore drilling 
                unit, the vessel shall have licensed 
                individuals as provided by regulations 
                prescribed by the Secretary under section 8101 
                of this title.
          (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)(1) 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.
  (2) A person that knowingly alters lifesaving, fire safety, 
or any other equipment subject to this part, so that the 
equipment altered is so defective as to be insufficient to 
accomplish the purpose for which it is intended, commits a call 
D felony.
  (c) Subsection (a) of this section does not apply to a 
fishing or whaling vessel, a mobile drilling unit when on 
location, or a yacht.
  (d) The Secretary may--
          (1) suspend any part of this chapter during a 
        national emergency proclaimed by the President; and
          (2) increase the number of licensed individuals on a 
        vessel to which this chapter applies if, in the 
        Secretary's judgment, the vessel is not sufficiently 
        manned for safe operation.
  [(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) In this section, ``high seas'' means waters seaward of 
the Boundary Line.
  (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) a public vessel;
          (2) a wooden vessel of primitive build, such as a 
        dhow or junk;
          (3) a barge; and
          (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.
  (c) A person may not engage or employ an individual to serve 
as, and an individual may not serve as, a master, mate, or 
engineer on a vessel to which this section applies, if the 
individual does not have a license issued under section 7101 of 
this title authorizing service in the capacity in which the 
individual is to be engaged or employed.
  (d) A person (including an individual) violating this section 
is liable to the United States Government for a civil penalty 
of $ 100.
  (e) A license issued to an individual to whom this section 
applies is a certificate of competency.
  (f) A designated official may detain a vessel to which this 
section applies (by written order served on the owner, 
charterer, managing operator, agent, master, or individual in 
charge of the vessel) when there is reason to believe that the 
vessel is about to proceed from a port of the United States to 
the high seas in violation of this section or a provision of 
the convention described in subsection (b) of this section. The 
vessel may be detained until the vessel complies with this 
section. Clearance may not be granted to a vessel ordered 
detained under this section.
  (g) A foreign vessel to which the convention described in 
subsection (b) of this section applies, on the navigable waters 
of the United States, is subject to detention under subsection 
(f) of this section, and to an examination that may be 
necessary to decide if there is compliance with the convention.
  (h) The owner, charterer, managing operator, agent, master, 
or individual in charge of a vessel detained under subsection 
(f) or (g) of this section may appeal the order within 5 days 
as provided by regulation.
  (i) An officer or employee of the Customs Service may be 
designated to enforce this section.
          * * * * * * *

                    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) a vessel operating only on rivers and lakes 
        (except the Great Lakes);
          (2) a barge (except a seagoing barge or a barge to 
        which chapter 37 of this title applies);
          (3) a fishing, or fish tender, or whaling vessel or 
        yacht;
          (4) a sailing school vessel with respect to sailing 
        school instructors and sailing school students;
          (5) an oceanographic research vessel with respect to 
        scientific personnel;
          (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 applied) 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 off shore 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.
  (b) A person may not engage or employ an individual, and an 
individual may not serve, on board a vessel to which this 
section applies if the individual does not have a merchant 
mariner's document issued to the individual under section 7302 
of this title. Except for an individual required to be licensed 
or registered under this part, the document must authorize 
service in the capacity for which the holder of the document is 
engaged or employed.
  (c) On a vessel to which section 10306 or 10503 of this title 
does not apply, an individual required by this section to hold 
a merchant mariner's document must exhibit it to the master of 
the vessel before the individual may be employed.
  (d) A person (including an individual) violating this section 
is liable to the United States Government for a civil penalty 
of $500.

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) a vessel operating only on rivers and lakes 
        (except the Great Lakes);
          (2) a barge (except a seagoing barge or a barge to 
        which chapter 37 of this title applies);
          (3) a fishing, fish tender, or whaling vessel (except 
        a fish tender vessel engaged in the Aleutian trade) or 
        yacht;
          (4) a sailing school vessel with respect to sailing 
        school instructors and sailing school students;
          (5) an oceanographic research vessel with respect to 
        scientific personnel;
          (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
          (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.
  (b) a vessel may operate only if at least--
          (1) 75 percent of the crew in each department on 
        board is able to understand any order spoken by the 
        officers, and
          (2) 65 percent of the deck crew (excluding licensed 
        individuals) have merchant mariners' documents endorsed 
        for a rating of at least able seaman, except that this 
        percentage may be reduced to 50 percent--
                  (i) on a vessel permitted under section 8104 
                of this title to maintain a 2-watch system; or
                  (ii) on a fish tender vessel engaged in the 
                Aleutian trade.
  (c) An able seaman is not required on a towing vessel 
operating on bays and sounds connected directly with the seas.
  (d) An individual having a rating of less than able seaman 
may not be permitted at the wheel in ports, harbors, and other 
waters subject to congested vessel traffic, or under conditions 
of reduced visibility, adverse weather, or other hazardous 
circumstances.
  (e) The owner, charterer, managing operator, agent, master, 
or individual in charge of a vessel operated in violation of 
this section or a regulation prescribed under this section is 
liable to the United States Government for a civil penalty of 
$10,000.
          * * * * * * *

                    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) Section 8903 of this title applies to a recreational 
vessel operated in dealer demonstrations only if the Secretary 
decides that the application of section 8903 is necessary for 
recreational vessel safety under section 4302(d) of this title.
  (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. 9302. Great Lakes pilots required

  (a)(1) Except as provided in [subsections (d) and (e)] 
subsections (d), (e), and (f) of this section, each vessel of 
the United States operating on register and each foreign vessel 
shall engage a United States or Canadian registered pilot for 
the route being navigated who shall--
          (A) in waters of the Great Lakes designated by the 
        President, direct the navigation of the vessel subject 
        to the customary authority of the master; and
          (B) in waters of the Great Lakes not designated by 
        the President, be on board and available to direct the 
        navigation of the vessel at the discretion of and 
        subject to the customary authority of the master.
  (2) The President shall make water designations under this 
subsection with regard to the public interest, the effective 
use of navigable waters, marine safety, and the foreign 
relations of the United States.
  (b) A member of the complement of a vessel of the United 
States operating on register or of a vessel of Canada may serve 
as the pilot required on waters not designated by the President 
if the member is licensed under section 7101 of this title, or 
under equivalent provisions of Canadian law, to direct the 
navigation of the vessel on the waters being navigated.
  (c) The authority extended under subsections (a) and (b) of 
this section to a Canadian registered pilot or other Canadian 
licensed officer to serve on certain vessels in United States 
waters of the Great Lakes shall continue as long as Canada 
extends reciprocity to United States registered pilots and 
other individuals licensed by the United States for pilotage 
service in Canadian waters of the Great Lakes.
  (d) A vessel may be operated on the United States waters of 
the Great Lakes without a United States or Canadian registered 
pilot when--
          (1) the Secretary notifies the master that a 
        registered pilot is not available; or
          (2) the vessel or its cargo is in distress or 
        jeopardy.
  (e) A Canadian vessel regularly operating on the Great Lakes 
or between ports on the Great Lakes and the Saint Lawrence 
River, with only an occasional voyage to ports in the maritime 
provinces of Canada in the Canadian coastal trade, is exempt 
from [subsections (a) and (b)] subsection (a) of this section 
as long as Canada permits enrolled vessels of the United States 
to be operated on Canadian waters of the Great Lakes under the 
direction of individuals licensed under section 7101 of this 
title.
  (f) A United States vessel operating between ports on the 
Great Lakes or between ports on the Great Lakes and the St. 
Lawrence River carrying no cargo obtained from a foreign port 
outside of the Great Lakes or carrying no cargo bound for a 
foreign port outside of the Great Lakes, is exempt from the 
requirements of subsection (a) of this section.

Sec. 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
          (3) agree that, if appointed as a United States 
        registered pilot, the applicant will be available for 
        service when required.
  (b) The Secretary shall issue to each registered pilot under 
this chapter a certificate of registration describing the areas 
within which the pilot may serve. The pilot shall carry the 
certificate when in the service of a vessel.
  (c) The Secretary shall prescribe by regulation the duration 
of validity of registration.
  (d) The Secretary may prescribe by regulation the conditions 
for service by United States registered pilots, including 
availability for service.
  (e) Subject to sections 551-559 of title 5, the Secretary may 
suspend or revoke a certificate of registration issued under 
this section if the holder fails to comply with a regulation 
prescribed under this chapter. Suspension or revocation of the 
holder's license under chapter 77 of this title includes the 
holder's certificate of registration.
  (f) The Secretary shall prescribe by regulation rates and 
charges for pilotage services, giving consideration to the 
public interest and the costs of providing the services.
          * * * * * * *

                          CHAPTER 101. GENERAL

Sec. 10101. Definitions

  In this part--
          (1) ``master'' means the individual having command of 
        a vessel.
          (2) ``owner'' means the person to whom the vessel 
        belongs.
          (3) ``seaman'' means an individual (except scientific 
        personnel, a sailing school instructor, or a sailing 
        school student) engaged or employed in any capacity on 
        board a vessel.
          (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) on a voyage between a port in the United States 
        and a port in a foreign country (except a port in 
        Canada, Mexico, or the West Indies); or
          (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.
  (b) This chapter does not apply to a vessel on which the 
seamen are entitled by custom or agreement to share in the 
profit or result of a voyage.
  (c) Unless otherwise provided, this chapter does not apply to 
a foreign vessel.
          * * * * * * *

                     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).
  (b) This chapter does not apply to a vessel on which the 
seamen are entitled by custom or agreement to share in the 
profit or result of a voyage.
  (c) Unless otherwise provided, this chapter does not apply to 
a foreign vessel.

                      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 employed 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
          (2) on a voyage from a port in the United States.
  (b) The agreement shall be signed also by the owner of the 
vessel.
  (c) The agreement shall--
          (1) state the period of effectiveness of the 
        agreement;
          (2) include the terms of any wage, share, or other 
        compensation arrangement peculiar to the fishery in 
        which the vessel will be engaged during the period of 
        the agreement; and
          (3) include other agreed terms.
          * * * * * * *

                   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) each place appropriated to the crew of the vessel 
        shall have a space of at least 120 cubic feet and at 
        least 16 square feet, measured on the floor or deck of 
        that place, for each seaman or apprentice lodged in the 
        vessel;
          (2) each seaman shall have a separate berth and not 
        more than one berth shall be placed one above another;
          (3) the place or berth shall be securely constructed, 
        properly lighted, drained, heated, and ventilated, 
        properly protected from weather and sea, and, as far as 
        practicable, properly shut off and protected from the 
        effluvium of cargo or bilge water; and
          (4) crew space shall be kept free from goods or 
        stores that are not the personal property of the crew 
        occupying the place in use during the voyage.
  (b) In addition to the requirements of subsection (a) of this 
section, a merchant vessel of the United States that in the 
ordinary course of trade makes a voyage of more than 3 days' 
duration between ports and carries a crew of at least 12 seamen 
shall have a hospital compartment, suitably separated from 
other spaces. The compartment shall have at least one bunk for 
each 12 seamen constituting the crew (but not more than 6 bunks 
may be required).
  (c) A steam vessel of the United States operating on the 
Mississippi River or its tributaries shall provide, under the 
direction and approval of the Secretary, an appropriate place 
for the crew that shall conform to the requirements of this 
section, as far as they apply to the steam vessel, by providing 
a properly heated sleeping room in the engineroom of the steam 
vessel properly protected from the cold, wind, and rain by 
means of suitable awnings or screens on either side of the 
guards or sides and forward, reaching from the boiler deck to 
the lower or main deck.
  (d) A merchant vessel of the United States, the construction 
of which began after March 4, 1915, having more than 10 seamen 
on deck, shall have at least one lighted, clean, and properly 
heated and ventilated washing place. There shall be provided at 
least one washing outfit for each 2 seamen of the watch. A 
separate washing place shall be provided for the fireroom and 
engineroom seamen, if their number is more than 10, that shall 
be large enough to accommodate at least one-sixth of them at 
the same time, and have a hot and cold water supply and a 
sufficient number of washbasins, sinks, and shower baths.
  (e) Forecastles shall be fumigated at intervals provided by 
regulations prescribed by the Secretary of Health and Human 
Services, with the approval of the Secretary, and shall have at 
least 2 exits, one of which may be used in emergencies.
  (f) The owner, charterer, managing operator, agent, master, 
or licensed individual of a vessel not complying with this 
section is liable to the United States Government for a civil 
penalty of at least $50 but not more than $500.

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.
  (b) The owner and master of a vessel not equipped as required 
by subsection(a) of this section or a regulation prescribed 
under subsection (a) are liable to the United States Government 
for a civil penalty of $ 500. If the offense was due to the 
fault of the owner, a master penalized under this section has 
the right to recover the penalty and costs from the owner.
          * * * * * * *

                     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.
  (b) The master of the vessel shall make or have made in the 
official logbook the following entries:
          (1) each legal conviction of a seaman of the vessel 
        and the punishment inflicted.
          (2) each offense committed by a seaman of the vessel 
        for which it is intended to prosecute or to enforce 
        under a forfeiture, together with statements about 
        reading the entry and the reply made to the charge as 
        required by section 11502 of this title.
          (3) each offense for which punishment is inflicted on 
        board and the punishment inflicted.
          (4) a statement of the conduct, character, and 
        qualifications of each seaman of the vessel or a 
        statement that the master declines to give an opinion 
        about that conduct, character, and qualifications.
          (5) each illness of or injury to a seaman of the 
        vessel, the nature of the illness or injury, and the 
        medical treatment.
          (6) each death on board, with the cause of death, and 
        if a seaman, the information required by section 10702 
        of this title.
          (7) each birth on board, with the sex of the infant 
        and name of the parents.
          (8) each marriage on board, with the names and ages 
        of the parties.
          (9) the name of each seaman who ceases to be a 
        crewmember (except by death), with the place, time, 
        manner, and the cause why the seaman ceased to be a 
        crewmember.
          (10) the wages due to a seaman who dies during the 
        voyage and the gross amount of all deductions to be 
        made from the wages.
          (11) the sale of the property of a seaman who dies 
        during the voyage, including a statement of each 
        article sold and the amount received for the property.
          (12) when a marine casualty occurs, a statement about 
        the casualty and the circumstances under which it 
        occurred, made immediately after the casualty when 
        practicable to do so.
          * * * * * * *

                 CHAPTER 121. DOCUMENTATION OF VESSELS

Sec. 12101. Definitions and related terms in other laws

  (a) In this chapter--
          (1) ``fisheries'' includes processing, storing, 
        transporting (except in foreign commerce), planting, 
        cultivating, catching, taking, or harvesting fish, 
        shellfish, marine animals, pearls, shells, or marine 
        vegetation in the navigable waters of the United States 
        or in the exclusive economic zone.
          (2) ``rebuilt'' has the same meaning as in the second 
        proviso of section 27 of the Merchant Marine Act, 1920 
        (46 App. U.S.C. 883).
  (b) When used in a law, regulation, document, ruling, or 
other official act referring to the documentation of a vessel--
          (1) ``certificate of registry'', ``register'', and 
        ``registry'' mean a registry endorsement as provided in 
        section 12105 of this title.
          (2) ``license'', ``enrollment and license'', 
        ``license for the coastwise (or coasting) trade'', and 
        ``enrollment and license for the coastwise (or 
        coasting) trade'' mean a coastwise endorsement as 
        provided in section 12106 of this title.
          [(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.]
          (4) ``yacht'' means a recreational vessel even if not 
        documented.
          (5) [Redesignated]
          (6) [Deleted]
          * * * * * * *

Sec. 12106. Coastwise endorsements

  (a) A certificate of documentation may be endorsed with a 
coastwise 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 laws of the United 
        States to be employed in the coastwise trade.
  (b) Subject to the laws of the United States regulating the 
coastwise trade, only a vessel for which a certificate of 
documentation with a coastwise edorsement is issued may be 
employed in the coastwise trade.
  (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 as measured 
        under section 14502 of title 46, United 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) was not built in the United States;
          (3) is eligible for documentation; and
          (4) otherwise qualifies under the laws of the United 
        States to be employed in the coastwide trade.
  (d)(1) A vessel may be issued a certificate of documentation 
with a coastwise endorsement if--
          (A) the vessel is owned by a not-for-profit oil spill 
        response cooperative or by members of such a 
        cooperative who dedicate the vessel to use by the 
        cooperative;
          (B) the vessel is at least 50 percent owned by 
        persons or entities described in section 12102(a) of 
        this title;
          (C) the vessel otherwise qualifies under section 
        12106 to be employed in the coastwise trade; and
          (D) use of the vessel is restricted to--
                  (i) the deployment of equipment, supplies, 
                and personnel to recover, contain, or transport 
                oil discharged into the navigable waters of the 
                United States, or within the Exclusive Economic 
                Zone, or
                  (ii) for training exercises to prepare to 
                respond to such a discharge.
  (2) For purposes of the first proviso of section 27 of the 
Merchant Marine Act, 1920, section 2 of the Shipping Act of 
1916, and section 12102(a) of this title, a vessel meeting the 
criteria of this subsection shall be considered to be owned 
exclusively by citizens of the United States.
  (e)(1) A certificate of documentation for a vessel may be 
endorsed with a coastwise endorsement if--
          (A) the vessel is eligible for documentation under 
        section 12102;
          (B) the person that owns the vessel, a parent entity 
        of that person, or a subsidiary of a parent entity of 
        that person, is engaged in leasing;
          (C) the vessel is under a demise charter to a person 
        qualifying as a citizen of the Untied States for 
        engaging in the coastwise trade under section 2 of the 
        Shipping Act, 1916;
          (D) the demise charter is for--
                  (i) a period of at least 3 years; or
                  (ii) a shorter period as may be prescribed by 
                the Secretary; and
          (E) the vessel is otherwise qualified under this 
        section to be employed in the coastwise trade.
  (2) Upon default by a bareboat charterer of a demise charter 
required under paragraph (1)(D), the coastwise endorsement of 
the vessel may, in the sole discretion of the Secretary, be 
continued after the termination for default of the demise 
charter for a period not to exceed 6 months on terms and 
conditions as the Secretary may prescribe.
  (3) For purposes of section 2 of the Shipping Act, 1916, and 
section 12102(a) of this title, a vessel meeting the criteria 
of subsection is deemed to be owned exclusively by citizens of 
the United States.

[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) A certificate of documentation may be endorsed with a 
fishery 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);
          (3) if rebuilt, was rebuilt in the United States; and
          (4) otherwise qualifies under the laws of the United 
        States to be employed in the fisheries.
  (b) Subject to the laws of the United States regulating the 
fisheries, only a vessel for which a certificate of 
documentation with a fishery endorsement is issued may be 
employed in the fisheries.
  (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 as measured 
        under section 14502 of title 46, United 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) was not built or rebuilt in the United States;
          (3) is eligible for documentation; and
          (4) otherwise qualifies under the laws of the United 
        States to be employed in the fisheries.
    (d) [Repealed]
          * * * * * * *

Sec. 12110. Limitations on operations authorized by certificates

  (a) A vessel may not be employed in a trade except a trade 
covered by the endorsement issued for that vessel.
  (b) A barge qualified to be employed in the coastwise trade 
may be employed, without being documented, in that trade on 
rivers, harbors, lakes (except the Great Lakes), canals, and 
inland waters.
  [(c) A vessel and its equipment are liable to seizure by and 
forfeiture to the United States Government--
          [(1) when a vessel is operated after its endorsement 
        has been denied or revoked under section 12123 of this 
        title;
          [(2) when a vessel is employed in a trade without an 
        appropriate trade endorsement; or
          [(3) when a documented vessel with a recreational 
        endorsement is operated other than for pleasure.]
  (c) A vessel with only a recreational endorsement may not be 
operated other than for pleasure.
  (d) A documented [vessel] vessel, other than a vessel with 
only a recreational endorsement operating within the 
territorial waters of the United States, may be placed under 
the command only of a citizen of the United States.

Sec. 12111. Surrender and invalidation of certificates of documentation

  (a) A certificate of documentation is invalid if the vessel 
for which it is issued--
          (1) no longer meets the requirements of this chapter 
        and regulations prescribed under this chapter 
        applicable to that certificate of documentation; or
          (2) is placed under the command of a person not a 
        citizen of the United States in violation of section 
        12110(d) of this title.
  (b) An invalid certificate of documentation must be 
surrendered as provided by regulations prescribed by the 
Secretary of Transportation.
  (c)(1) Notwithstanding subsection (a) of this section, until 
the certificate of documentation is surrendered with the 
approval of the Secretary, a documented vessel is deemed to 
continue to be documented under this chapter for purposes of--
          (A) chapter 313 of this title for an instrument filed 
        or recorded before the date of invalidation and an 
        assignment after that date;
          (B) sections 9 and 37(b) of the Shipping Act, 1916 
        (46 U.S.C. App. 808, 835(b));
          (C) section 902 of the Merchant Marine Act, 1936 (46 
        U.S.C. App. 1242); and
          (D) any other law of the United States identified by 
        the Secretary by regulation as a law to which the 
        Secretary applies this subsection.
  (2) This subsection does not apply when a vessel is forfeited 
or sold by order of a district court of the United States.
  (3) The Secretary may approve the surrender of the 
certificate of documentation of a documented vessel covered by 
a mortgage filed or recorded under section 31321 of this title 
only if the mortgagee consents.
          * * * * * * *

Sec. 12122. Penalties

  (a) A person that violates this chapter or a regulation 
prescribed under this chapter is liable to the United States 
Government for a civil penalty of not more than [$500.] 
$10,000. Each day of continuing violation is a separate 
violation.
  [(b) When the owner of a vessel knowingly falsifies or 
conceals a material fact, or makes a false statement or 
representation about the documentation of the vessel, that 
vessel and its equipment are liable to seizure by and 
forfeiture to the United States Government.]
  (b) A vessel and its equipment are liable to seizure by and 
forfeiture to the United States Government --
          (1) when the owner of a vessel or the representative 
        or agent of the owner knowingly falsifies or conceals a 
        material fact, or knowingly makes a false statement or 
        representation about the documentation or when applying 
        for documentation of the vessel;
          (2) when a certificate of documentation is knowingly 
        and fraudulently used for a vessel;
          (3) when a vessel is operated after its endorsement 
        has been denied or revoked under section 12123 of this 
        title;
          (4) when a vessel is employed in a trade without an 
        appropriate trade endorsement;
          (5) when a documented vessel with only a recreational 
        endorsement is operated other than for pleasure; or
          (6) when a documented vessel, other than a vessel 
        with only a recreational endorsement operating within 
        the territorial waters of the United States, is placed 
        under the command of a person not a citizen of the 
        United States.
  [(c) When a certificate of documentation is knowingly and 
fraudulently used for a vessel, that vessel and its equipment 
are liable to seizure by and forfeiture to the Government.]

[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.]
          * * * * * * *

                CHAPTER 131. RECREATIONAL BOATING SAFETY

Sec. 13106. Authorization of contract spending

  (a)(1) [Subject to paragraph (2), the Secretary may expend in 
each fiscal year, subject to amounts as are provided in 
appropriations laws for liquidation of contract authority, an 
amount equal to \1/2\ of the amount transferred for such fiscal 
year to the Boat Safety Account under section 9503(c)(4) of the 
Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4)).] Subject 
to paragraph (2), the Secretary shall expend under contracts 
with States under this chapter in each fiscal year for State 
recreational boating safety programs an amount equal to the sum 
of the amount appropriated from the Boat Safety Account for 
that fiscal year plus the amount transferred to the Secretary 
under section 4(b)(1) of Act of August 9,1950 (16 U.S.C. 
777c(b)(1)) for that fiscal year. The amount shall be allocated 
as provided under section 13103 of this title and shall be 
available for State recreational boating safety programs as 
provided under the guidelines established under subsection (b) 
of this section. Amounts authorized to be expended for State 
recreational boating safety programs shall remain available 
until expended and are deemed to have been expended only if an 
amount equal to the total amounts authorized to be expended 
under this section for the fiscal year in question and all 
prior fiscal years have been obligated. Amounts previously 
obligated but released by payment of a final voucher or 
modification of a program acceptance shall be credited to the 
balance of unobligated amounts and are immediately available 
for expenditure.
  (2) The Secretary shall use not less than one percent and not 
more than two percent of the amount appropriated each fiscal 
year for State recreational boating safety programs under this 
chapter to pay the costs of investigations, personnel, and 
activities related to administering those programs.
  (b) The Secretary shall establish guidelines prescribing the 
purposes for which amounts available under this chapter for 
State recreational boating safety programs may be used. Those 
purposes shall include--
          (1) providing facilities, equipment, and supplies for 
        boating safety education and law enforcement, including 
        purchase, operation, maintenance, and repair;
          (2) training personnel in skills related to boating 
        safety and to the enforcement of boating safety laws 
        and regulations;
          (3) providing public boating safety education, 
        including educational programs and lectures, to the 
        boating community and the public school system;
          (4) acquiring, constructing, or repairing public 
        access sites used primarily by recreational boaters;
          (5) conducting boating safety inspections and marine 
        casualty investigations;
          (6) establishing and maintaining emergency or search 
        and rescue facilities, and providing emergency or 
        search and rescue assistance;
          (7) establishing and maintaining waterway markers and 
        other appropriate aids to navigation; and
          (8) providing State recreational vessel numbering and 
        titling programs.
  [(c) An amount equal to one-half of the amount transferred 
for each fiscal year to the Boat Safety Account under section 
9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 
9503(c)(4)) is available to the Secretary for expenditures out 
of the operating expenses account of the Coast Guard for 
services provided by the Coast Guard for recreational boating 
safety, including services provided by the Coast Guard 
Auxiliary. Expenditures for a fiscal year under this subsection 
shall not exceed expenditures for the fiscal year under 
subsection (a). Amounts made available by this subsection shall 
remain available until expended.]
  (c) For expenditure under this chapter for State recreational 
boating safety programs there are authorized to be appropriated 
to the Secretary of Transportation from the Boat Safety Account 
established under section 9504 of the Internal Revenue Code of 
1986 (26 U.S.C. 9504) not more than $35,000,000 each fiscal 
year.
          * * * * * * *

                          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. Until an alternate tonnage is prescribed, the 
statutorily established tonnage shall apply to vessels measured 
under chapter 143 or chapter 145 of this title.
          * * * * * * *

         CHAPTER 313. COMMERCIAL INSTRUMENTS AND MARITIME LIENS

Sec. 31321. Filing, recording, and discharge

  (a)(1) A bill of sale, conveyance, mortgage, assignment, or 
related instrument, whenever made, that includes any part of a 
documented vessel or a vessel for which an application for 
documentation is filed, must be filed with the Secretary of 
Transportation to be valid, to the extent the vessel is 
involved, against any person except--
          (A) the grantor, mortgagor, or assignor;
          (B) the heir or devisee of the grantor, mortgagor, or 
        assignor; and
          (C) a person having actual notice of the sale, 
        conveyance, mortgage, assignment, or related 
        instrument.
  (2) Each bill of sale, conveyance, mortgage, assignment, or 
related instrument that is filed in substantial compliance with 
this section is valid against any person from the time it is 
filed with the Secretary.
  (3) The parties to an instrument or an application for 
documentation shall use diligence to ensure that the parts of 
the instrument or application for which they are responsible 
are in substantial compliance with the filing and documentation 
requirements.
    (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.
  (b) To be filed, a bill of sale, conveyance, mortgage, 
assignment, or related instrument must--
          (1) identify the vessel;
          (2) state the name and address of each party to the 
        instrument;
          (3) state, if a mortgage, the amount of the direct or 
        contingent obligations (in one or more units of account 
        as agreed to by the parties) that is or may become 
        secured by the mortgage, excluding interest, expenses, 
        and fees;
          (4) state the interest of the grantor, mortgagor, or 
        assignor in the vessel;
          (5) state the interest sold, conveyed, mortgaged, or 
        assigned; and
          (6) be signed and acknowledged.
  (c) If a bill of sale, conveyance, mortgage, assignment, or 
related document is filed that involves a vessel for which an 
application for documentation is filed, and the Secretary 
decides that the vessel cannot be documented by an applicant--
          (1) the Secretary shall send notice of the 
        Secretary's decision, including reasons for the 
        decision, to each interested party to the instrument 
        filed for recording; and
          (2) 90 days after sending the notice as provided 
        under clause (1) of this subsection, the Secretary--
                  (A) may terminate the filing; and
                  (B) may return the instrument filed without 
                recording it under subsection (e) of this 
                section.
  (d) A person may withdraw an application for documentation of 
a vessel for which a mortgage has been filed under this section 
only if the mortgagee consents.
  (e) The Secretary shall--
          (1) record the bills of sale, conveyances, mortgages, 
        assignments, and related instruments of a documented 
        vessel complying with subsection (b) of this section in 
        the order they are filed; and
          (2) maintain appropriate indexes, for use by the 
        public, of instruments filed or recorded, or both.
  (f) On full and final discharge of the indebtedness under a 
mortgage recorded under subsection (e)(1) of this section, a 
mortgagee, on request of the Secretary or mortgagor, shall 
provide the Secretary with an acknowledged certificate of 
discharge of the indebtedness in a form prescribed by the 
Secretary. The Secretary shall record the certificate.
  (g) The mortgage or related instrument of a vessel covered by 
a preferred mortgage under section 31322(d) of this title, that 
is later filed under this section at the time an application 
for documentation is filed, is valid under this section from 
the time the mortgage or instrument representing financing 
became a preferred mortgage under section 31322(d).
  (h) On full and final discharge of the indebtedness under a 
mortgage deemed to be a preferred mortgage under section 
31322(d) of this title, a mortgagee, on request of the 
Secretary, a State, or mortgagor, shall provide the Secretary 
or the State, as appropriate, with an acknowledged certificate 
of discharge of the indebtedness in a form prescribed by the 
Secretary or the State, as applicable. If filed with the 
Secretary, the Secretary shall enter that information in the 
vessel identification system under chapter 125 of this title.

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 U.S.C. App. 802); [or]
                  (vi) a person approved by the Secretary of 
                [Transportation.] Transportation;
                  (vii) a person eligible to own a documented 
                vessel under chapter 121 of this title.
  (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.
  (b) A preferred mortgage filed or recorded under this chapter 
may have any rate of interest that the parties to the mortgage 
agree to.
  (c)(1) If a preferred mortgage includes more than one vessel 
or property that is not a vessel, the mortgage may provide for 
the separate discharge of each vessel and all property not a 
vessel by the payment of a part of the mortgage indebtedness.
  (2) If a vessel covered by a preferred mortgage that includes 
more than one vessel or property that is not a vessel is to be 
sold on the order of a district court in a civil action in rem, 
and the mortgage does not provide for separate discharge as 
provided under paragraph (1) of this subsection--
          (A) the mortgage constitutes a lien on that vessel in 
        the full amount of the outstanding mortgage 
        indebtedness; and
          (B) an allocation of mortgage indebtedness for 
        purposes of separate discharge may not be made among 
        the vessel and other property covered by the mortgage.
  (d)(1) A mortgage or instrument granting a security interest 
perfected under State law covering the whole of a vessel titled 
in a State is deemed to be a preferred mortgage if--
          (A) the Secretary certifies that the State titling 
        system complies with the Secretary's guidelines for a 
        titling system under section 13106(b)(8) of this title; 
        and
          (B) information on the vessel covered by the mortgage 
        or instrument is made available to the Secretary under 
        chapter 125 of this title.
  (2) This subsection applies to mortgages or instruments 
covering vessels titled in a State after--
          (A) the Secretary's certification under paragraph 
        (1)(A) of this subsection; and
          (B) the State begins making information available to 
        the Secretary under chapter 125 of this title.
  (3) A preferred mortgage under this subsection continues to 
be a preferred mortgage if the vessel is no longer titled in 
the State where the mortgage was made.
  (e) If a vessel is already covered by a preferred mortgage 
when an application for titling or documentation is filed--
          (1) the status of the preferred mortgage covering the 
        vessel to be titled in the State is determined by the 
        law of the jurisdiction where the vessel is currently 
        titled or documented; and
          (2) the status of the preferred mortgage covering the 
        vessel to be documented under chapter 121 is determined 
        by subsection (a) of this section.
          * * * * * * *

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 U.S.C. App. 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.] Secretary; 
        or
          (5) is a person eligible to own a documented vessel 
        under chapter 121 of this title.
  (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.
                              ----------                              


                      TITLE 46 APPENDIX. SHIPPING

                     CHAPTER 3. CLEARANCE AND ENTRY

Sec. 111. Vessels in foreign and coasting trade on northern, 
                    northeastern, and northwestern frontiers

  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 endoresement, 
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.

                       CHAPTER 4. TONNAGE DUTIES

Sec. 123. Vessels in foreign and coasting trade on northern, 
                    northeastern, and northwestern frontiers

  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.
          * * * * * * *

         CHAPTER 12. REGULATION OF VESSELS IN DOMESTIC COMMERCE

Sec. 316. Use of foreign vessels in United States ports

  (a) Towing United States Vessels; Fines and Penalties.--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 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.
  (b) ``Person'' Defined.--The term ``person'' as used in 
subsection (a) of this section, shall be held to include 
persons, firms, partnerships, associations, organizations, and 
corporations, doing business or existing under or by the 
authority of the laws of the United States, or of any State, 
Territory, district, or other subdivision thereof.
  (c) Foreign Railroad Companies Using Ferries, Tugboats, or 
Towboats.--Any foreign railroad company or corporation, whose 
road enters the United States by means of a ferry, tugboat, or 
towboat, may own such vessel and operate the same in connection 
with the water transportation of the passenger, freight, 
express, baggage, and mail cars used by such road, together 
with the passengers, freight, express matter, baggage, and 
mails transported in such cars, without being subject to any 
other or different restrictions than those imposed by law on 
any vessel of the United States entering ports of the United 
States from ports in the same foreign country: Provided, That 
except as authorized by section 27 of the Merchant Marine Act, 
1920, as amended (U.S.C., 1934 edition, Supp. IV, title 46, 
sec. 883), such ferry, tugboat, or towboat shall not, under 
penalty of forfeiture, be used in connection with the 
transportation of any merchandise shipped 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.
  (d) Salvaging Operations by Foreign Vessels.--No foreign 
vessel shall, under penalty of forfeiture, engage in salvaging 
operations on the Atlantic or Pacific coast of the United 
States, in any portion of the Great Lakes or their connecting 
or tributary waters, including any portion of the Saint 
Lawrence River through which the international boundary line 
extends, or in territorial waters of the United States on the 
Gulf of Mexico, except when authorized by a treaty or in 
accordance with the provisions of the Act of June 19, 1878, as 
amended (U.S.C., 1934 edition, title 46, sec. 725): Provided, 
however, That if, on investigation, the Secretary of Commerce 
is satisfied that no suitable vessel wholly owned by a person 
who is a citizen of the United States and documented under the 
laws of the United States or numbered pursuant to the Act of 
June 7, 1918, as amended (U.S.C., 1934 edition, Supp. IV, title 
46, sec. 288), is available in any particular locality he may 
authorize the use of a foreign vessel or vessels in salvaging 
operations in that locality and no penalty shall be incurred 
for such authorized use.
  (e) Operations Permitted by Treaty.--Nothing in this section 
shall be held or construed to prohibit or restrict any 
assistance to vessels or salvage operations authorized by 
article II of the treaty between the United States and Great 
Britain ``concerning reciprocal rights for United States and 
Canada in the conveyance of prisoners and wrecking and 
salvage'' signed at Washington, May 18, 1908 (35 Stat. 2036), 
or by the treaty between the United States and Mexico ``to 
facilitate assistance to and salvage of vessels in territorial 
waters,'' signed at Mexico City, June 13, 1935 (49 Stat. 3359).
          * * * * * * *

                        CHAPTER 23. SHIPPING ACT

Sec. 808. Registration, enrollment, and licensing of vessels purchased, 
                    chartered, or leased; regulations; coastwise trade

  (a) [Repealed]
  (b) Every vessel purchased, chartered, or leased from the 
Secretary of Transportation shall, unless otherwise authorized 
by the Secretary of Transportation, be operated only under such 
registry or enrollment and license. Such vessels while employed 
solely as merchant vessels shall be subject to all laws, 
regulations, and liabilities governing merchant vessels, 
whether the United States be interested therein as owner, in 
whole or in part, or hold any mortgage, lien, or other interest 
therein.
  (c) Except as provided in section 611 of the Merchant Marine 
Act, 1936 (46 U.S.C. App. 1181), and [sections 31322(a)(1)(D)] 
sections 12106(e), 31322(a)(1)(D), and 31328 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
          (2) place a documented vessel, or a vessel the last 
        documentation of which was under the laws of the United 
        States, under foreign registry or operate that vessel 
        under the authority of a foreign country.
  (d)(1) Any charter, sale, transfer, or mortgage 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 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 a vessel, or interest or control in that 
        vessel, contrary to this section.
  (4) A person that charters, sells, transfers, or mortgages 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.

                 CHAPTER 24. MERCHANT MARINE ACT, 1920

Sec. 883-1. Corporation as citizen; fisheries and transportation of 
                    merchandise or passengers between points in United 
                    States; parent and subsidiary corporations; 
                    domestic built vessels; certificate; surrender of 
                    documents on change in status

  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) a majority of the officers and directors of such 
        corporation are citizens of the United States;
          (b) not less than 90 per centum of the employees of 
        such corporation are residents of the United States;
          (c) such corporation is engaged primarily in a 
        manufacturing or mineral industry in the United States 
        or any Territory, District, or possession thereof;
          (d) the aggregate book value of the vessels owned by 
        such corporation does not exceed 10 per centum of the 
        aggregate book value of the assets of such corporation; 
        and
          (e) such corporation purchases or produces in the 
        United States, its Territories, or possessions not less 
        than 75 per centum of the raw materials used or sold in 
        its operations
but no vessel owned by any such corporation shall engage in the 
fisheries or in the transportation of merchandise or passengers 
for hire between points in the United States, including 
Territories, Districts, and possessions thereof, embraced 
within the coastwise laws, except as a service for a parent or 
subsidiary corporation and except when such vessel is under 
demise or bareboat charter at prevailing rates for use 
otherwise than in the domestic noncontiguous trades from any 
such corporation to a common or contract carrier subject to 
part 3 of the Interstate Commerce Act, as amended, which 
otherwise qualifies as a citizen under section 2 of the 
Shipping Act, 1916, as amended (46 U.S.C. 802), and which is 
not connected, directly or indirectly, by way of ownership or 
control with such corporation.
  As used herein (1), the term ``parent'' means a corporation 
which controls, directly or indirectly, at least 50 per centum 
of the voting stock of such corporation, and (2), the term 
``subsidiary'' means a corporation not less than 50 per centum 
of the voting stock of which is controlled, directly or 
indirectly, by such corporation or its parent, but no 
corporation shall be deemed to be a ``parent'' or 
``subsidiary'' hereunder unless it is incorporated under the 
laws of the United States, or any State, Territory, District, 
or possession thereof, and there has been filed with the 
Secretary of the Treasury a certificate as hereinafter 
provided.
  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.
  A corporation seeking hereunder to document a vessel under 
the laws of the United States or to operate a vessel exempt 
from documentation under the laws of the United States shall 
file with the Secretary of the Treasury of the United States a 
certificate under oath, in such form and at such times as may 
be prescribed by him, executed by its duly authorized officer 
or agent, establishing that such corporation complies with the 
conditions of this section above set forth. A ``parent'' or 
``subsidiary'' of such corporation shall likewise file with the 
Secretary of the Treasury a certificate under oath, in such 
form and at such time as may be prescribed by him, executed by 
its duly authorized officer or agent, establishing that such 
``parent'' or ``subsidiary'' complies with the conditions of 
this section above set forth, before such corporation may 
transport any merchandise or passengers for such parent or 
subsidiary. If any material matter of fact alleged in any such 
certificate which, within the knowledge of the party so 
swearing is not true, there shall be a forfeiture of the vessel 
(or the value thereof) documented or operated hereunder in 
respect to which the oath shall have been made. If any vessel 
shall transport merchandise for hire in violation of this 
section, such merchandise shall be forfeited to the United 
States. If any vessel shall transport passengers for hire in 
violation of this section, such vessel shall be subject to a 
penalty of $200 for each passenger so transported. Any penalty 
or forfeiture incurred under this section may be remitted or 
mitigated by the Secretary of the Treasury under the provisions 
of section 7 of title 46, United States Code.
  Any corporation which has filed a certificate with the 
Secretary of the Treasury as provided for herein shall cease to 
be qualified under this section if there is any change in its 
status whereby it no longer meets the conditions above set 
forth, and any documents theretofore issued to it, pursuant to 
the provisions of this section, shall be forthwith surrendered 
by it to the Secretary of the Treasury.

Sec. 883a. Reports required of United States vessels rebuilt abroad; 
                    penalty for failure to report; mitigation of 
                    penalty

  If any vessel of more 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,  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)
          * * * * * * *

                 CHAPTER 27. MERCHANT MARINE ACT, 1936

Sec. 1295a. Definitions

  For purposes of this title--
          (1) the term ``Secretary'' means the Secretary of 
        Transportation;
          (2) the term ``Academy'' means the United States 
        Merchant Marine Academy located at Kings Point, New 
        York which is maintained under section 1303;
          (3) the term ``State maritime academy'' means any 
        maritime academy or college which is assisted under 
        section 1304 and which is sponsored by any State or 
        territory of the United States or, in the case of a 
        regional maritime academy or college, sponsored by any 
        group of States or territories of the United States, or 
        both; and
          (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
                  (B) as an engineer officer on board any 
                vessel propelled by machinery of 4,000 
                horsepower or more which is documented under 
                the laws of the United States.
                              ----------                              


                        TITLE 49. TRANSPORTATION

                         CHAPTER 1. ORGANIZATION

Sec. 104. Federal Highway Administration

  (a) The Federal Highway Administration is an administration 
in the Department of Transportation.
  (b)(1) The head of the Administration is the Administrator 
who is appointed by the President, by and with the advice and 
consent of the Senate. The Administrator reports directly to 
the Secretary of Transportation.
  (2) The Administration has a Deputy Federal Highway 
Administrator who is appointed by the Secretary, with the 
approval of the President. The Deputy Administrator shall carry 
out duties and powers prescribed by the Administrator.
  (3) The Administration has an Assistant Federal Highway 
Administrator appointed in the competitive service by the 
Secretary, with the approval of the President. The Assistant 
Administrator is the chief engineer of the Administration. The 
Assistant Administrator shall carry out duties and powers 
prescribed by the Administrator.
  (c) The Administrator shall carry out--
          (1) duties and powers vested in the Secretary by 
        chapter 4 of title 23 for highway safety programs, 
        research, and development related to highway design, 
        construction and maintenance, traffic control devices, 
        identification and surveillance of accident locations, 
        and highway-related aspects of pedestrian safety;
          (2) duties and powers related to motor carrier safety 
        vested in the Secretary by chapters 5 and 315 of this 
        title; and
          (3) additional duties and powers prescribed by the 
        Secretary.
  (d) A duty or power specified by subsection (c)(2) of this 
section may be transferred to another part of the Department 
only when specifically provided by law or a reorganization plan 
submitted under chapter 9 of title 5. A decision of the 
Administrator in carrying out those duties or powers and 
involving notice and hearing required by law is 
administratively final.
  (e) Notwithstanding the provisions of sections 101(d) and 144 
of title 23, highway bridges determined to be unreasonable 
obstructions to navigation under the Truman-Hobbs Act may be 
funded from amounts set aside from the discretionary bridge 
program. The Secretary shall transfer these allocations and the 
responsibility for administration of these funds to the United 
States Coast Guard.
          * * * * * * *

Sec. 44106a. Summary revocation of aircraft certificate

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

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

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

                                
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