[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 2150 Enrolled Bill (ENR)]
H.R.2150
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To authorize appropriations for fiscal year 1994 for the United States
Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

ea51f38095e64f5a3423e765f5b075d37610b5c82cff9c2fe86de72284fe518b

This Act may be cited as the ``Coast Guard Authorization Act of
1993''.

251a423bbfd892c6759f07dc62abab79c36f2ba148623d506dd4e3b37a13d1e8

Funds are authorized to be appropriated for necessary expenses of
the Coast Guard for fiscal year 1994, as follows:
(1) For the operation and maintenance of the Coast Guard,
$2,612,552,200, of which $25,000,000 shall be derived from the Oil
Spill Liability Trust Fund, and of which $35,000,000 shall be
expended from the Boat Safety Account.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore facilities,
vessels, and aircraft, including equipment related thereto,
$417,996,500, to remain available until expended, of which
$23,030,000 shall be derived from the Oil Spill Liability Trust Fund
to carry out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard's mission in support of
search and rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and treaties, ice
operations, and defense readiness, $25,000,000, to remain available
until expended, of which $4,457,000 shall be derived from the Oil
Spill Liability Trust Fund.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose),
payments under the Retired Serviceman's Family Protection and
Survivor Benefit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of title 10, United
States Code, $548,774,000.
(5) For alteration or removal of bridges over navigable waters
of the United States constituting obstructions to navigation
associated with the Bridge Alteration Program, $12,940,000, to
remain available until expended.
(6) For environmental compliance and restoration at Coast Guard
facilities, $23,057,000, to remain available until expanded.

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TITLE I

-AUTHORIZATIONS

TRAINING.
(a) Authorized Military Strength Level.--The Coast Guard is
authorized an end-of-year strength for active duty personnel of 39,138
as of September 30, 1994. The authorized strength does not include
members of the Ready Reserve called to active duty for special or
emergency augmentation of regular Coast Guard forces for periods of 180
days or less.
(b) Authorized Level Of Military Training.--For fiscal year 1994,
the Coast Guard is authorized average military training student loads as
follows:
(1) For recruit and special training, 1,986 student years.
(2) For flight training, 114 student years.
(3) For professional training in military and civilian
institutions, 338 student years.
(4) For officer acquisition, 955 student years.

92f7ac513c13bfcc3f16ca680bf292fe021f6639547f5aabb031d10dfb1e74c6

Subsection (a) of section 42 of title 14, United States Code, is
amended by striking ``6,000'' and inserting ``6,200''.

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TITLE II

-PERSONNEL MANAGEMENT IMPROVEMENT

Section 93 of title 14, United States Code, is amended by--
(1) striking ``and'' at the end of paragraph (r);
(2) striking the period at the end of paragraph (s) and
inserting a comma; and
(3) adding at the end the following new subsection:
``(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''.

47fcf7c88093db890820fe8a765da1bfc6d62a57e883f93fe805cc5abc09b013

Section 741 of title 14, United States Code, is amended--
(1) in subsection (a) in the first sentence by striking ``and
are not on active duty and not on an approved list of selectees for
promotion to the next higher grade'' and inserting the following:
``, except those officers who--
``(1) are on extended active duty;
``(2) are on a list of selectees for promotion;
``(3) will complete 30 years total commissioned service by June
30th following the date that the retention board is convened; or
``(4) have reached age 59 by the date on which the retention
board is convened'';
(2) in subsection (a) by moving the second sentence so as to
begin--
(A) immediately below paragraph (4) (as added by paragraph
(1) of this section); and
(B) flush with the left margin of the material preceding
paragraph (1);
(3) by designating the third sentence of subsection (a) as
subsection (b) by--
(A) inserting ``(b)'' before ``This board shall--''; and
(B) moving the third sentence so as to begin immediately
below the second sentence of subsection (a); and
(4) by redesignating the last 2 subsections as subsections (c)
and (d), respectively.

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(a) Section 46(a) of title 14, United States Code, is amended to
read as follows:
``(a) A Commandant who is not reappointed shall be retired with the
grade of admiral at the expiration of the appointed term, except as
provided in subsection 51(d) of this title.''.
(b)(1) Section 47 of title 14, United States Code, is amended--
(A) in the heading by striking ``; retirement'';
(B) in subsection (a) by--
(i) striking ``(a)'' at the beginning thereof, and
(ii) striking the last sentence and inserting the following:
``The appointment and grade of a Vice Commandant shall be
effective on the date the officer assumes that duty, and shall
terminate on the date the officer is detached from that duty,
except as provided in subsection 51(d) of this title.''; and
(C) by striking subsections (b), (c), and (d).
(2) The table of sections at the beginning of chapter 3 of title 14,
United States Code, is amended by striking the item relating to section
47 and inserting the following:
``47. Vice Commandant; assignment.''.
(c) Section 50(b) of title 14, United States Code, is amended by
striking the last sentence and inserting ``The appointment and grade of
an area commander shall be effective on the date the officer assumes
that duty, and shall terminate on the date the officer is detached from
that duty, except as provided in subsection 51(d) of this title.''.
(d) Section 51 of title 14, United States Code, is amended by adding
at the end the following new subsection:
``(d) An officer serving in the grade of admiral or vice admiral
shall continue to hold that grade--
``(1) while being processed for physical disability retirement,
beginning on the day of the processing and ending on the day that
officer is retired, but not for more than 180 days; and
``(2) while awaiting retirement, beginning on the day that
officer is relieved from the position of Commandant, Vice
Commandant, Area Commander, or Chief of Staff and ending on the day
before the officer's retirement, but not for more than 60 days.''.

67216cf49c11735799227b1108e4ec659603a7357998fe402002f45adeacdfb4

(a) Section 41a(b) of title 14, United States Code, is amended by
striking ``, except that the rear admiral serving as Chief of Staff
shall be the senior rear admiral for all purposes other than pay'' at
the end of the second sentence.
(b)(1) Title 14, United States Code, is amended by inserting after
section 50 of the following new section:
``§50a. Chief of Staff
``(a) The President may appoint, by and with the advice and consent
of the Senate, a Chief of Staff of the Coast Guard who shall rank next
after the area commanders and who shall perform duties as prescribed by
the Commandant. The Chief of Staff shall be appointed from the officers
on the active duty promotion list serving above the grade of captain.
The Commandant shall make recommendations for the appointment.
``(b) The Chief of Staff shall have the grade of vice admiral with
the pay and allowances of that grade. The appointment and grade of the
Chief of Staff shall be effective on the date the officer assumes that
duty, and shall terminate on the date the officer is detached from that
duty, except as provided in section 51(d) of this title.''.
(2) The table of sections at the beginning of chapter 3 of title 14,
United States Code, is amended by inserting after the item relating to
section 50 the following:
``50a. Chief of Staff.''.
(c) Section 51 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``as Commander, Atlantic Area,
or Commander, Pacific Area'' and inserting ``in the grade of vice
admiral''; and
(2) in subsection (b) by striking ``as Commander, Atlantic Area,
or Commander, Pacific Area'' and inserting ``in the grade of vice
admiral''.
(d) Section 290 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``or in the position of Chief
of Staff'' in the second sentence;
(2) in subsection (f)(1) by striking ``Chief of Staff or''; and
(3) in subsection (f)(2) by striking ``Chief of Staff or''.

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Sections 3 and 5 of the Act of June 25, 1936 (49 Stat. 1922, 46 App.
U.S.C. 738b and 738d), are repealed.

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TITLE III

-MISCELLANEOUS COAST GUARD PROVISIONS

(a) In General.--Chapter 17 of title 14, United States Code, is
amended by adding at the end the following new section:
``§670. Procurement authority for family housing
``(a) The Secretary is authorized--
``(1) to acquire, subject to the availability of appropriations
sufficient to cover its full obligations, real property or interests
therein by purchase, lease for a term not to exceed 5 years, or
otherwise, for use as Coast Guard family housing units, including
the acquisition of condominium units, which may include the
obligation to pay maintenance, repair, and other condominium-related
fees; and
``(2) to dispose of by sale, lease, or otherwise, any real
property or interest therein used for Coast Guard family housing
units for adequate consideration.
``(b)(1) For the purposes of this section, a multiyear contract is a
contract to lease Coast Guard family housing units for at least one, but
not more than 5, fiscal years.
``(2) The Secretary may enter into multiyear contracts under
subsection (a) of this section whenever the Coast Guard finds that--
``(A) the use of a contract will promote the efficiency of the
Coast Guard family housing program and will result in reduced total
costs under the contract; and
``(B) there are realistic estimates of both the cost of the
contract and the anticipated cost avoidance through the use of a
multiyear contract.
``(3) A multiyear contract authorized under subsection (a) of this
section shall contain cancellation and termination provisions to the
extent necessary to protect the best interests of the United States, and
may include consideration of both recurring and nonrecurring costs. The
contract may provide for a cancellation payment to be made. Amounts that
were originally obligated for the cost of the contract may be used for
cancellation or termination costs.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17, United States Code, is amended by adding at the end the
following:
``670. Procurement authority for family housing.''.

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(a) In General.--Chapter 17 of title 14, United States Code, is
amended by adding after section 670 (as added by section 302 of this
Act) the following new section:
``§671. Air Station Cape Cod Improvements
``The Secretary may expend funds for the repair, improvement,
restoration, or replacement of those federally or nonfederally owned
support buildings, including appurtenances, which are on leased or
permitted real property constituting Coast Guard Air Station Cape Cod,
located on Massachusetts Military Reservation, Cape Cod,
Massachusetts.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17, United States Code, is amended by adding after the item
relating to section 670 (as added by section 302 of this Act) the
following:
``671. Air Station Cape Cod Improvements.''.

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(a) Chapter 17 of title 14, United States Code, is amended by adding
after section 671 (as added by section 303 of this Act) the following
new section:
``§672. Long-term lease authority for navigation and communications
systems sites
``(a) The Secretary is authorized, subject to the availability of
appropriations, to enter into lease agreements to acquire real property
or interests therein for a term not to exceed 20 years, inclusive of any
automatic renewal clauses, for aids to navigation (hereafter in this
section referred to as `ATON') sites, vessel traffic service (hereafter
in this section referred to as `VTS') sensor sites, or National Distress
System (hereafter in this section referred to as `NDS') high level
antenna sites. These lease agreements shall include cancellation and
termination provisions to the extent necessary to protect the best
interests of the United States. Cancellation payment provisions may
include consideration of both recurring and nonrecurring costs
associated with the real property interests under the contract. These
lease agreements may provide for a cancellation payment to be made.
Amounts that were originally obligated for the cost of the contract may
be used for cancellation or termination costs.
``(b) The Secretary may enter into multiyear lease agreements under
subsection (a) of this section whenever the Secretary finds that--
``(1) the use of such a lease agreement will promote the
efficiency of the ATON, VTS, or NDS programs and will result in
reduced total costs under the agreement;
``(2) the minimum need for the real property or interest therein
to be leased is expected to remain substantially unchanged during
the contemplated lease period; and
``(3) the estimates of both the cost of the lease and the
anticipated cost avoidance through the use of a multiyear lease are
realistic.''.
(b) The table of sections at the beginning of chapter 17 of title
14, United States Code, is amended by adding after the item relating to
section 671 (as added by section 303 of this Act) the following:
``672. Long-term lease authority for navigation and communications
systems sites.''.

e085cf180b29f76db4a6ef0ac30b0fa1e8c72eb30fbcdb5485fcd105af78866c

(a) In General.--Chapter 9 of title 14, United States Code, is
amended by adding at the end the following new section:
``§196. Participation in Federal, State, or other educational
research grants
``Notwithstanding any other provision of law, the United States
Coast Guard Academy may compete for and accept Federal, State, or other
educational research grants, subject to the following limitations:
``(1) No award may be accepted for the acquisition or
construction of facilities.
``(2) No award may be accepted for the routine functions of the
Academy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of title 14, United States Code, is amended by adding at the
end the following:
``196. Participation in Federal, State, or other educational research
grants.''.

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The Secretary of Transportation is authorized to expend out of
amounts appropriated for acquisition, construction, and improvement for
fiscal year 1994--
(1) $890,000 to acquire and preposition oil spill response
equipment at Port Arthur, Texas, and
(2) $890,000 to acquire and preposition oil spill response
equipment at Helena, Arkansas, subject to the Secretary determining
that adequate storage and maintenance facilities are available.

259b669ff860dd5c099eb0f0e6e786663fa8c1f0c9a373d2422d6ace79b96a13

LITTLE CREEK, VIRGINIA.
(a) The Secretary of Transportation, subject to the availability of
appropriations, may at Coast Guard Station Little Creek, Virginia--
(1) construct a 2-story station building with operational,
administrative, and living spaces;
(2) construct a 180-foot long pier for Coast Guard patrol boats;
(3) construct a boat ramp; and
(4) strengthen a waterfront bulkhead.
(b) Funds necessary to carry out this section are authorized to be
appropriated for fiscal year 1994.

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The Secretary of Transportation is authorized to expend out of the
amounts appropriated for acquisition, construction, and improvement not
more than $1,250,000 to the Maritime College of the State of New York to
purchase a marine oil spill management simulator.

dbc7b87ed5f150dc4327deaf7c9ecdefc59ad6fdf67de28c98059de10efa5161

Section 4283B of the Revised Statutes (46 App. U.S.C. 183c) is
amended by striking ``any court'' in clause (2) and inserting in lieu
thereof ``court''.

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EVALUATION PROGRAM.
(a) Not later than 6 months after the date of enactment of this Act,
the Secretary of Transportation shall establish a program to evaluate
the technological feasibility and environmental benefits of having tank
vessels carry oil spill prevention and response technology. To implement
the program the Secretary shall--
(1) publish in the Federal Register an invitation for submission
of proposals including plans and procedures for testing; and
(2) review and evaluate technology using, to the maximum extent
possible, existing evaluation and performance standards.
(b) The Secretary shall, to the maximum extent possible, incorporate
in the program established in subsection (a), the results of existing
studies and evaluations of oil spill prevention and response technology
carried on tank vessels.
(c) Not later than 2 years after the date of the enactment of this
Act, the Secretary shall evaluate the results of the program established
in subsection (a) and submit a report to Congress with recommendations
on the feasibility and environmental benefits of, and appropriate
equipment and utilization standards for, requiring tank vessels to carry
oil spill prevention and response equipment.
(d) Not later than 6 months after the date of the enactment of this
Act, the Secretary shall evaluate and report to the Congress on the
feasibility of using segregated ballast tanks for emergency transfer of
cargo and storage of recovered oil.

813a61bfa986d6fbb7d27ed63f3c3f6a7dde7d869a1174fdb465c8e8d9e3fbea

Section 3302 of title 46, United States Code, is amended by adding
at the end the following:
``(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.''.

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(a) The Secretary of Transportation may not decommission the Coast
Guard cutter MACKINAW before December 31, 1994.
(b) There is authorized to be appropriated to the Secretary of
Transportation $1,600,000 for fiscal year 1994, to remain available
until expended, for operations and maintenance of the Coast Guard cutter
MACKINAW.

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The Secretary of Transportation is authorized to expend out of the
amounts appropriated for the Coast Guard for fiscal year 1994 not more
than $421,700, and for fiscal year 1995 not more than $358,300, for the
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.

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Subtitle II of title 46, United States Code, relating only to vessel
inspection and manning, shall not apply to a vessel operating on the
date of enactment of this Act on the Cass River above the dam at
Frankenmuth, Michigan (locally known as the Hubinger Dam) which is
inspected and licensed by the State of Michigan to carry passengers.

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

4ffa5fe47e1bc24d5d363e4f11491712000f9e52405bcf2352e0676ca389108a

Section 93, of title 14, United States Code, as amended by section
202 of this Act, is further amended by adding at the end the following
new subsection:
``(u) enter into cooperative agreements with other Government
agencies and the National Academy of Sciences.''.

c2f4946a179794dd1a950655e402ef1625c18bfce9c9aeaf912e84854c3326f7

(a) Gulf of Mexico.--The Coast Guard shall establish a Gulf of
Mexico Regional Fisheries Law Enforcement Training Center in the Eighth
Coast Guard District in Southeastern Louisiana.
(b) Southeast Atlantic.--The Coast Guard shall establish a Southeast
Regional Fisheries Law Enforcement Training Center in the Seventh Coast
Guard District in Charleston, South Carolina.
(c) Purpose.--The purpose of the regional fisheries law enforcement
training centers shall be to increase the skills and training of Coast
Guard fisheries law enforcement personnel and to ensure that such
training considers and meets the unique and complex needs and demands of
the fisheries of the Gulf of Mexico and the Southeast United States.

57ff8444a7449d1f47b255f2bef42682080a50f4560540789015d1411e96d8df

(a) The Act of June 4, 1958 (36 U.S.C. 161) is amended by striking
``week commencing on the first Sunday in June'' and inserting ``the
seven day period ending on the last Friday before Memorial Day''.
(b) This section is effective January 1, 1995.

3183e02a6cfe60b21b91b7ab19b2eca76e2854e8f7002e95fcac25da69ba2582

The Coast Guard is authorized to provide personnel support for the
interim vessel traffic information service in the Ports of Los Angeles
and Long Beach operated on behalf of the State of California by the
Marine Exchange of Los Angeles-Long Beach Harbors, Inc., a California
nonprofit corporation (hereinafter referred to as ``Marine Exchange'').
The Coast Guard shall be reimbursed for all costs associated with
providing such personnel in accordance with a reimbursable agreement
between the Coast Guard and the State of California. Amounts received by
the Coast Guard as reimbursements for its costs shall be credited to the
appropriation for operating expenses of the Coast Guard. The United
States Government assumes no liability for any act or omission of any
officer, director, employee, or representative of the Marine Exchange or
of the State of California, arising out of the operation of the vessel
traffic information service by the Marine Exchange, and the Coast Guard
shall have the same protections and limitations on such liability as are
afforded to the Marine Exchange under California law.

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Section 3(b) of Public Law 89-777 (46 App. U.S.C. 817e(b)) is
amended by striking ``and such bond or other security shall be in an
amount paid equal to the estimated total revenue for the particular
transportation.'' and inserting a period.

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(a) In this section, ``fish tender vessel'', ``fishing vessel'', and
``tank vessel'' have the meanings given those terms under section 2101
of title 46, United States Code.
(b) A fishing vessel or fish tender vessel of not more than 750
gross tons, when engaged only in the fishing industry, shall not be
deemed to be a tank vessel for the purposes of any law.
(c)(1) This section does not affect the authority of the Secretary
of Transportation under chapter 33 of title 46, United States Code, to
regulate the operation of the vessels listed in subsection (b) to ensure
the safe carriage of oil and hazardous substances.
(2) This section does not affect the requirement for fish tender
vessels engaged in the Aleutian trade to comply with chapters 33, 45,
51, 81, and 87 of title 46, United States Code, as provided in the
Aleutian Trade Act of 1990 (Public Law 101-595).

6bec123c77066d7b926097a05963a587660306ec979d178f582f355165f40958

(a) Section 8104 of title 46, United States Code, is amended--
(1) in subsection (g), by striking ``a vessel used only to
respond to a discharge of oil or a hazardous substance,''; and
(2) by adding a new subsection to read as follows:
``(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.''.
(b) Section 8301 of title 46, United States Code, is amended by
adding a new subsection to read as follows:
``(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.''.

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CREWMEMBERS--ALASKA EXCEPTION.
(a) Alaska Exception.--Section 258 of the Immigration and
Nationality Act (8 U.S.C. 1288) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) State of Alaska Exception.--(1) Subsection (a) shall not apply
to a particular activity of longshore work at a particular location in
the State of Alaska if an employer of alien crewmen has filed an
attestation with the Secretary of Labor at least 30 days before the date
of the first performance of the activity (or anytime up to 24 hours
before the first performance of the activity, upon a showing that the
employer could not have reasonably anticipated the need to file an
attestation for that location at that time) setting forth facts and
evidence to show that--
``(A) the employer will make a bona fide request for United
States longshore workers who are qualified and available in
sufficient numbers to perform the activity at the particular time
and location from the parties to whom notice has been provided under
clauses (ii) and (iii) of subparagraph (D), except that--
``(i) wherever two or more contract stevedoring companies
have signed a joint collective bargaining agreement with a
single labor organization described in subparagraph (D)(i), the
employer may request longshore workers from only one of such
contract stevedoring companies, and
``(ii) a request for longshore workers to an operator of a
private dock may be made only for longshore work to be performed
at that dock and only if the operator meets the requirements of
section 32 of the Longshoremen's and Harbor Workers'
Compensation Act (33 U.S.C. 932);
``(B) the employer will employ all those United States longshore
workers made available in response to the request made pursuant to
subparagraph (A) who are qualified and available in sufficient
numbers and who are needed to perform the longshore activity at the
particular time and location;
``(C) the use of alien crewmembers for such activity is not
intended or designed to influence an election of a bargaining
representative for workers in the State of Alaska; and
``(D) notice of the attestation has been provided by the
employer to--
``(i) labor organizations which have been recognized as
exclusive bargaining representatives of United States longshore
workers within the meaning of the National Labor Relations Act
and which make available or intend to make available workers to
the particular location where the longshore work is to be
performed,
``(ii) contract stevedoring companies which employ or intend
to employ United States longshore workers at that location, and
``(iii) operators of private docks at which the employer
will use longshore workers.
``(2)(A) An employer filing an attestation under paragraph (1) who
seeks to use alien crewmen to perform longshore work shall be
responsible while at the attestation is valid to make bona fide requests
for United States longshore workers under paragraph (1)(A) and to employ
United States longshore workers, as provided in paragraph (1)(B), before
using alien crewmen to perform the activity or activities specified in
the attestation, except that an employer shall not be required to
request longshore workers from a party if that party has notified the
employer in writing that it does not intend to make available United
States longshore workers to the location at which the longshore work is
to be performed.
``(B) If a party that has provided such notice subsequently notifies
the employer in writing that it is prepared to make available United
States longshore workers who are qualified and available in sufficient
numbers to perform the longshore activity to the location at which the
longshore work is to be performed, then the employer's obligations to
that party under subparagraphs (A) and (B) of paragraph (1) shall begin
60 days following the issuance of such notice.
``(3)(A) In no case shall an employer filing an attestation be
required--
``(i) to hire less than a full work unit of United States
longshore workers needed to perform the longshore activity;
``(ii) to provide overnight accommodations for the longshore
workers while employed; or
``(iii) to provide transportation to the place of work, except
where--
``(I) surface transportation is available;
``(II) such transportation may be safely accomplished;
``(III) travel time to the vessel does not exceed one-half
hour each way; and
``(IV) travel distance to the vessel from the point of
embarkation does not exceed 5 miles.
``(B) In the cases of Wide Bay, Alaska, and Klawock/Craig, Alaska,
the travel times and travel distances specified in subclauses (III) and
(IV) of subparagraph (A) shall be extended to 45 minutes and 7\1/2\
miles, respectively, unless the party responding to the request for
longshore workers agrees to the lesser time and distance limitations
specified in those subclauses.
``(4) Subject to subparagraphs (A) through (D) of subsection (c)(4),
attestations filed under paragraph (1) of this subsection shall--
``(A) expire at the end of the 1-year period beginning on the
date the employer anticipates the longshore work to begin, as
specified in the attestation filed with the Secretary of Labor, and
``(B) apply to aliens arriving in the United States during such
1-year period if the owner, agent, consignee, master, or commanding
officer states in each list under section 251 that it continues to
comply with the conditions in the attestation.
``(5)(A) Except as otherwise provided by subparagraph (B),
subsection (c)(3) and subparagraphs (A) through (E) of subsection (c)(4)
shall apply to attestations filed under this subsection.
``(B) The use of alien crewmen to perform longshore work in Alaska
consisting of the use of an automated self-unloading conveyor belt or
vacuum-actuated system on a vessel shall be governed by the provisions
of subsection (c).
``(6) For purposes of this subsection--
``(A) the term `contract stevedoring companies' means those
stevedoring companies licensed to do business in the State of Alaska
that meet the requirements of section 32 of the Longshoremen's and
Harbor Workers' Compensation Act (33 U.S.C. 932);
``(B) the term `employer' includes any agent or representative
designated by the employer; and
``(C) the terms `qualified' and `available in sufficient
numbers' shall be defined by reference to industry standards in the
State of Alaska, including safety considerations.''.
(b) Conforming Amendments.--
(1) Section 258(a) (8 U.S.C. 1288(a)) is amended by striking
``subsection (c) or subsection (d)'' and inserting ``subsection (c),
(d), or (e)''.
(2) Section 258(c)(4)(A) (8 U.S.C. 1288(c)(4)(A)) is amended by
inserting ``or subsection (d)(1)'' after ``paragraph (1)'' each of
the two places it appears.
(3) Section 258(c) (8 U.S.C. 1288(c)) is amended by adding at
the end the following new paragraph:
``(5) Except as provided in paragraph (5) of subsection (d), this
subsection shall not apply to longshore work performed in the State of
Alaska.''.
(c) Implementation.--(1) The Secretary of Labor shall prescribe such
regulations as may be necessary to carry out this section.
(2) Attestations filed pursuant to section 258(c) (8 U.S.C. 1288(c))
with the Secretary of Labor before the date of enactment of this Act
shall remain valid until 60 days after the date of issuance of final
regulations by the Secretary under this section.

c1da76b5fcaa1f7d204f328097bead7c4c5106f7acfe57b6cbc690f601cdc0db

(a) Completion of Studies.--
(1) Planning.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation and the
Secretary of the Interior shall complete the necessary planning
studies, including selection of a relocation site, identified in the
Coast Guard's strategy document for relocation of the Cape Cod
Lighthouse (popularly known as the ``Highland Light Station''),
located in North Truro, Massachusetts.
(2) Design.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall
complete the design studies identified in the Coast Guard's strategy
document for relocation of the Cape Cod Lighthouse.
(b) Use of Amounts for Studies.--Of amounts appropriated under the
authority of this Act for acquisition, construction, rebuilding, and
improvement, the Secretary of Transportation may use up to $600,000 for
conducting the studies required under subsection (a).

8bbec04d8458885d49999b4e1859a1736bff85dacc93ca4c1c5692b77a85b825

(a) Authority To Transfer.--
(1) In general.--The Secretary may convey by any appropriate
means to the Washington State Parks and Recreation Commission all
right, title, and interest of the United States in and to property
comprising 1 or more of the Cape Disappointment Lighthouse, North
Head Lighthouse, and Point Wilson Lighthouse.
(2) Identification of property.--The Secretary may identify,
describe, and determine property conveyed pursuant to this section.
(b) Terms and Conditions.--
(1) In general.--The conveyance of property pursuant to
subsection (a) shall be made--
(A) without the payment of consideration; and
(B) subject to such terms and conditions as the Secretary
may consider appropriate.
(2) Reversionary interest.--In addition to any term or condition
established pursuant to paragraph (1), any conveyance of property
comprising Cape Disappointment Lighthouse, North Head Lighthouse, or
Point Wilson Lighthouse pursuant to this section shall be subject to
the condition that all right, title, and interest in and to the
property so conveyed shall immediately revert to the United States
if the property, or any part thereof--
(A) ceases to be used as a center for public benefit for the
interpretation and preservation of maritime history;
(B) ceases to be maintained in a manner that ensures its
present or future use as a Coast Guard aid to navigation; or
(C) ceases to be maintained in a manner consistent with the
provisions of the National Historic Preservation Act of 1966 (16
U.S.C. 470 et seq.).
(3) Required conditions.--Any conveyance of property pursuant to
this section shall be made subject to such conditions as the
Secretary considers to be necessary to assure that--
(A) the lights, antennas, and associated equipment located
on the property conveyed, which are active aids to navigation,
shall continue to be operated and maintained by the United
States;
(B) the Washington State Parks and Recreation Commission may
not interfere or allow interference in any manner with such aids
to navigation without express written permission from the
Secretary of Transportation;
(C) there is reserved to the United States the right to
relocate, replace, or add any aids to navigation or make any
changes on any portion of such property as may be necessary for
navigation purposes;
(D) the United States shall have the right, at any time, to
enter such property without notice for the purpose of
maintaining aids to navigation;
(E) the United States shall have an easement of access to
such property for the purpose of maintaining the aids to
navigation in use on the property; and
(F) the property shall be rehabilitated and maintained by
the owner in accordance with the provisions of the National
Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.).
(4) Maintenance of certain equipment not required.--The
Washington State Parks and Recreation Commission shall not have any
obligation to maintain any active aid to navigation equipment on
property conveyed pursuant to this section.
(c) Definitions.--For purposes of this section, the term--
(1) ``Cape Disappointment Lighthouse'' means the Coast Guard
lighthouse located at Fort Canby State Park, Washington, including--
(A) the lighthouse, excluding any lantern or lens that is
the personal property of the Coast Guard; and
(B) such land as may be necessary to enable the Washington
State Parks and Recreation Commission to operate at that
lighthouse a center for public benefit for the interpretation
and preservation of the maritime history;
(2) ``North Head Lighthouse'' means the Coast Guard lighthouse
located at Fort Canby State Park, Washington, including--
(A) the lighthouse, excluding any lantern or lens that is
the personal property of the Coast Guard;
(B) ancillary buildings; and
(C) such land as may be necessary to enable the Washington
State Parks and Recreation Commission to operate at that
lighthouse a center for public benefit for the interpretation
and preservation of maritime history;
(3) ``Point Wilson Lighthouse'' means the Coast Guard lighthouse
located at Fort Worden State Park, Washington, including--
(A) the lighthouse, excluding any lantern or lens that is
the personal property of the Coast Guard;
(B) 2 ancillary buildings; and
(C) such land as may be necessary to enable the Washington
State Parks and Recreation Commission to operate at that
lighthouse a center for public benefit for the interpretation
and preservation of maritime history; and
(4) ``Secretary'' means the Secretary of Transportation.

d9ff88db36743ab48f750196faf5dc54b489fd6218e2eff2015f5f13f9bf1168

(a) Authority To Transfer.--
(1) In general.--The Secretary of Transportation shall convey by
any appropriate means to the Island Institute, Rockland, Maine, all
right, title, and interest of the United States in and to property
comprising the Heron Neck Lighthouse.
(2) Identification of Property.--The Secretary may identify,
describe, and determine property conveyed pursuant to this
subsection.
(b) Terms and Conditions.--
(1) In general.--The conveyance of property pursuant to
subsection (a) shall be made--
(A) without payment of consideration; and
(B) subject to such terms and conditions as the Secretary
may consider appropriate.
(2) Use of property.--The property conveyed pursuant to
subsection (a) may be used for educational, historic, recreational,
and cultural programs open to and for the benefit of the general
public. Theme displays, museums, gift shops, open exhibits, meeting
rooms, and an office and quarters for personnel in connection with
security and administration of the property are expressly
authorized. Other uses not inconsistent with the foregoing uses are
permitted unless the Secretary shall reasonably determine that such
uses are incompatible with the historic nature of the property or
with other provisions of this section.
(3) Revisionary interest.--In addition to any term or condition
established pursuant to paragraph (1), any conveyance of property
comprising the Heron Neck Lighthouse pursuant to subsection (a)
shall be subject to the condition that all right, title, and
interest in and to the property so conveyed shall immediately revert
to the United States if the property, or any part thereof--
(A) ceases to be used as a nonprofit center for educational,
historic, recreational, and cultural programs open to and for
the benefit of the general public;
(B) ceases to be maintained in a manner that ensures its
present or future use as a Coast Guard aid to navigation; or
(C) ceases to be maintained in a manner consistent with the
provisions of the National Historic Preservation Act of 1966 (16
U.S.C. 470 et seq.).
(4) Required conditions.--Any conveyance of property pursuant to
this section shall be made subject to such conditions as the
Secretary considers to be necessary to assure that--
(A) the light, antennas, sound signal, and associated
lighthouse equipment located on the property conveyed, which are
active aids to navigation, shall continue to be operated and
maintained by the United States Government for as long as they
are needed for this purpose;
(B) the Island Institute may not interfere or allow
interference in any manner with such aids to navigation without
express written permission from the Secretary;
(C) there is reserved to the United States the right to
relocate, replace, or add any aids to navigation or make any
changes on any property as may be necessary for navigation
purposes;
(D) the United States shall have the right, at any time, to
enter such property without notice for the purpose of
maintaining aids to navigation; and
(E) the United States shall have an easement of access to
such property for the purpose of maintaining the aids to
navigation in use on the property.
(5) Maintenance obligation.--The Island Institute shall not have
any obligation to maintain any active aid to navigation equipment on
property conveyed pursuant to subsection (a).
(c) Property To Be Maintained in Accordance With Certain Laws.--The
Island Institute shall maintain the Heron Neck Lighthouse in accordance
with the provisions of the National Historic Preservation Act of 1966
(16 U.S.C. 470 et seq.) and other applicable laws.
(d) Definitions.--For purposes of this section, the term ``Heron
Neck Lighthouse'' means the Coast Guard lighthouse located on Green
Island, Vinalhaven, Maine, including--
(1) the attached keeper's dwelling, ancillary buildings, and
associated fog signal, and boat ramp; and
(2) such land as may be necessary to enable the Island Institute
to operate at that lighthouse a nonprofit center for public benefit.

ddca08d48e4e58acd691f37d1b4a85a09364910cbcd7a94ccbddbea226637d14

(a) Authority To Transfer.--
(1) In general.--The Secretary of Transportation shall convey by
any appropriate means to the Town of Swan's Island, Swans Island,
Maine, all right, title, and interest of the United States in and to
property comprising the Burnt Coat Harbor Lighthouse.
(2) Identification of property.--The Secretary may identify,
describe, and determine property conveyed pursuant to this
subsection.
(b) Terms and Conditions.--
(1) In general.--The conveyance of property pursuant to
subsection (a) shall be made--
(A) without payment of consideration; and
(B) subject to such terms and conditions as the Secretary
may consider appropriate.
(2) Use of property.--The property conveyed pursuant to
subsection (a) may be used for educational, historic, recreational,
and cultural programs open to and for the benefit of the general
public. Theme displays, museums, gift shops, open exhibits, meeting
rooms, and an office and quarters for personnel in connection with
security and administration of the property are expressly
authorized. Other uses not inconsistent with the foregoing uses are
permitted unless the Secretary shall reasonably determine that such
uses are incompatible with the historic nature of the property or
with other provisions of this section.
(3) Reversionary interest.--In addition to any term or condition
established pursuant to paragraph (1), any conveyance of property
comprising the Burnt Coat Harbor Lighthouse pursuant to subsection
(a) shall be subject to the condition that all right, title, and
interest in and to the property so conveyed shall immediately revert
to the United States if the property, or any part thereof--
(A) ceases to be used as a nonprofit center for public
benefit for the interpretation and preservation of the material
culture of the United States Coast Guard and the maritime
history of the State of Maine;
(B) ceases to be maintained in a manner that ensures its
present or future use as a Coast Guard aid to navigation; or
(C) ceases to be maintained in a manner consistent with the
provisions of the National Historic Preservation Act of 1966 (16
U.S.C. 470 et seq.).
(4) Required conditions.--Any conveyance of property pursuant to
this section shall be made subject to such conditions as the
Secretary considers to be necessary to assure that--
(A) the light, antennas, sound signal, and associated
lighthouse equipment located on the property conveyed, which are
active aids to navigation, shall continue to be operated and
maintained by the United States Government for as long as they
are needed for this purpose;
(B) the Town of Swan's Island may not interfere or allow
interference in any manner with such aids to navigation without
express written permission from the Secretary;
(C) there is reserved to the United States the right to
relocate, replace, or add any aids to navigation or make any
changes on any property as may be necessary for navigation
purposes;
(D) the United States shall have the right, at any time, to
enter such property without notice for the purpose of
maintaining aids to navigation; and
(E) the United States shall have an easement of access to
such property for the purpose of maintaining the aids to
navigation in use on the property.
(5) Maintenance obligation.--The Town of Swan's Island shall not
have any obligation to maintain any active aid to navigation
equipment on property conveyed pursuant to subsection (a).
(c) Property To Be Maintained in Accordance with Certain Laws.--The
Town of Swan's Island shall maintain the Burnt Coat Harbor Lighthouse in
accordance with the provisions of the National Historic Preservation Act
of 1966 (16 U.S.C. 470 et seq.) and other applicable laws.
(d) Definitions.--For purposes of this section, the term ``Burnt
Coat Harbor Lighthouse'' means the Coast Guard lighthouse located on
Swans Island, Maine, including the keeper's dwelling, oil house, bell
tower and such lands as may be necessary to enable the Swan's Island
Educational Society to operate at the lighthouse a nonprofit center for
public benefit.

f479b19e88e711cc4ced365cb54d5fafd02ba5ebdb4ba8719f5ce613e8e0fe4f

Section 10302 of title 46, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) The owner, charterer, managing operator, master, or individual
in charge shall make a shipping agreement in writing with each seaman
before the seaman commences employment.''; and
(2) by adding at the end the following new subsections:
``(c) Each shipping agreement must be signed by the master or
individual in charge or a representative of the owner, charterer, or
managing operator, and by each seaman employed.
``(d) The owner, charterer, managing operator, master, or individual
in charge shall maintain the shipping agreement and make the shipping
agreement available to the seaman.''.

fa2ca74580dd965865d6482c2f4d50236d01c3d6f01c9bc5017fb04c1f608ce8

TITLE IV

-EMPLOYMENT AND DISCHARGE

Section 10304 of title 46, United States Code, is amended by
striking ``Shipping commissioner's signature or initials'' from the
form.

7fbee87e1dcd355192c4207a66c098de09c1ae2961a45439b6f8459d01910e9b

Section 10305 of title 46, United States Code, is amended--
(1) in subsection (a)(2), by striking ``a shipping
commissioner'' and inserting in lieu thereof ``the master or
individual in charge'';
(2) by striking ``(a)''; and
(3) by striking subsections (b) and (c).

3ae66aa2809461361cb0ccc69124ca6adc9a6c256c6978177770e2220dc533c6

Section 10306 of title 46, United States Code, is amended by
striking ``shipping commissioner'' and inserting in lieu thereof
``master or individual in charge''.

7b3c0b3dbb9539dd269508b638b6ebc4e1c83445bd0ca158533afc018f3520fd

Section 10307 of title 46, United States Code, is amended by
striking the last sentence.

83029438c9c47fda354da05223e366b57024b671c75584a29c7f73e4647a5d10

UNITED STATES.
Section 10308 of title 46, United States Code, is amended by
striking ``(a)'' and by striking subsection (b).

04e26270542b974f326cafe5ae1551b060fb81e48d3b15752cfd298fd6b2a7e3

APPLICATION OF REQUIREMENTS.
Section 10309 of title 46, United States Code, is amended by
striking subsection (b) and redesignating subsection (c) as subsection
(b).

fb8368ed94351a6ac70fe9123f0c1d8803a6c499e1cd295763604d45159f8058

Section 10310 of title 46, United States Code, is amended by
striking ``or a shipping commissioner'' in the first sentence and by
striking the last sentence.

11ce812e2c8878c7cd33344ee328dbcbae547da790a50f2381db3faaa5b3f397

Section 10311 of title 46, United States Code, is amended--
(1) in subsection (a), by striking ``shipping commissioner'' and
inserting in lieu thereof ``master or individual in charge'';
(2) in subsection (b), by striking the last sentence and
inserting in lieu thereof ``The certificate shall be signed by the
master and the seaman.'';
(3) in subsection (d)(1), by striking ``Secretary'' and
inserting in lieu thereof ``owner, charterer, managing operator,
master, or individual in charge''; and
(4) in subsection (d)(2), by striking ``at a cost prescribed by
regulation'' and inserting in lieu thereof ``at the request of the
seaman''.

bfc97deb21af395dd28f9e99f4ed4192997eca902f810ad2dc41405625c14606

Section 10312 of title 46, United States Code, is amended to read as
follows:
``§10312. Settlements on discharge
``When discharge and settlement are completed, the master,
individual in charge, or owner and each seaman shall sign the agreement
required by section 10302 of this title.''.

b65f33fbfd66e526d0960c617df7690f94ec510c8414135907828d27032054d7

Section 10320 of title 46, United States Code, is amended to read as
follows:
``§10320. Records of seamen
``The Secretary shall prescribe regulations requiring vessel owners
to maintain records of seamen on matters of engagement, discharge, and
service. A vessel owner shall make these records available to the seaman
and the Coast Guard on request.''.

9883c300ac7edf8a3a942c0ff46be4c1b3254d33c57a42043dd4154f66a1fb2a

Section 10321 of title 46, United States Code, is amended to read as
follows:
``§10321. General penalty
``(a) A person violating any provision of this chapter or a
regulation prescribed under this chapter is liable to the United States
Government for a civil penalty of not more than $5,000.
``(b) The vessel is liable in rem for any penalty assessed under
this section.''.

0f1ea500c98d2104fa4920472b8f0797eb954ab4fc0733647e98b3a1f91ee4e7

Section 10502 of title 46, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) The owner, charterer, managing operator, master, or individual
in charge shall make a shipping agreement in writing with each seaman
before the seaman commences employment.'';
and
(2) by adding at the end the following new subsections:
``(d) Each shipping agreement must be signed by the master or
individual in charge or a representative of the owner, charterer, or
managing operator, and by each seaman employed.
``(e) The owner, charterer, managing operator, master, or individual
in charge shall maintain the shipping agreement and make the shipping
agreement available to the seaman.
``(f) The Secretary shall prescribe regulations requiring shipping
companies to maintain records of seamen on matters of engagement,
discharge, and service. The shipping companies shall make these records
available to the seaman and the Coast Guard on request.''.

4315966bca8c9bdafe42d26fe9ede122f1c005ed161520d313de397fdfd05bf2

Section 10505 of title 46, United States Code, is amended--
(1) in subsection (a)(2), by striking ``$100'' and inserting in
lieu thereof ``$5,000''; and
(2) in subsection (b), by striking ``$500'' and inserting in
lieu thereof ``$5,000''.

eec790f6701cebcfd6869cf438a69d53e6f80b380b412efc83b20c19d8986c8e

(a) Repeal.--Section 10507 of title 46, United States Code, is
repealed.
(b) Conforming Amendment.--The analysis at the beginning of chapter
105 of title 46, United States Code, is amended by striking the item
relating to section 10507.

fc6dcf3ac5cc0411fa2160567d05cb8658bf2f11f6b22667acae70a0853bf189

Section 10508(b) is amended by striking ``$20'' and inserting in
lieu thereof ``not more than $5,000''.

056d7ee73f5081c3125bea58a4b6566aa854d04692f1be7b28d7cb147d17c115

Section 10103(a) of title 46, United States Code, is amended--
(1) by striking ``without a shipping commissioner being
present''; and
(2) by inserting ``to the vessel owner'' immediately after
``shall submit reports''.

614098673eabcce21ec5074c986c41b36ef065561ec44714b70d9a35d7c436b9

Section 10703 of title 46, United States Code, is amended--
(1) in subsection (a), by striking ``by regulations prescribed
by the Secretary'' and inserting in lieu thereof ``in section 10706
of this title'';
(2) in subsection (b), by striking ``as prescribed by
regulations'' and inserting in lieu thereof ``to a district court of
the United States''; and
(3) in subsection (c), by striking ``subsection (a) of this
section'' and inserting in lieu thereof ``section 10706 of this
title''.

48a61dbfeb29d2cfd8733d9cfd66b86ec87e99a33e44c9b40cd85a81b4ac822c

Section 10706 of title 46, United States Code, is amended by
striking at the end ``as provided by regulations prescribed by the
Secretary.'' and inserting in lieu thereof ``to a district court of the
United States within one week of the seaman's death. If the seaman's
death occurs at sea, such money, property, or wages shall be delivered
to a district court or a consular officer within one week of the
vessel's arrival at the first port call after the seaman's death.''.

d12f54efa63b73236d4978db9cdf77b76a567af1826b26f31a34547317d2a83f

(a) Repeal.--Section 10707 of title 46, United States Code, is
repealed.
(b) Amendment to Chapter Analysis.--The analysis at the beginning of
chapter 107 of title 46, United States Code, is amended by striking the
item relating to section 10707.

9bd58f7d75239bfc18e22272d91428914275301afef751bc8bdefc6e7653a980

Section 11505 of title 46, United States Code, is amended--
(1) in subsection (a), by striking the last sentence and
inserting in lieu thereof ``The balance shall be transferred to the
appropriate district court of the United States when the voyage is
completed.''; and
(2) in subsection (b), by striking the first sentence.

233866e970a22d90fbbd989371728ddc97f0cf3e39b8580188f0edf9e76963c0

(a) Duties of Masters.--Section 10702(b) of title 46, United States
Code, is amended by striking ``a shipping commissioner'' and inserting
in lieu thereof ``the consular officer or court clerk''.
(b) Complaints of Unfitness.--Section 10902(b) of title 46, United
States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``Secretary,'' immediately after ``The
complaint may be made to the'';
(B) by striking ``Coast Guard shipping commissioner,''; and
(2) in paragraphs (2) and (3), by striking ``The officer,
commissioner,'' each place it appears and inserting in lieu thereof
``The Secretary, officer,''.
(c) Shipping Commissioner Designations and Duties.--(1) Section
10102 of title 46, United States Code, is repealed.
(2) The analysis at the beginning of chapter 101 is amended by
striking the item relating to section 10102.

b2323b415b62605716d39dc5bce584509391d08a0aaec73dfebd1dd341a2769b

This title may be cited as the ``Passenger Vessel Safety Act of
1993''.

0962c38009d62b5c7f690e2653817c2fc9614f7d2e2bcce297257f2820b73691

TITLE V

-PASSENGER VESSEL SAFETY

Section 2101(21) of title 46, United States Code, is amended to read
as follows:
``(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.''.

f4f97b1561c5c67022d70205475799ecc0bf751fa3c6889717a9a87379aa1001

Section 2101(22) of title 46, United States Code, is amended to read
as follows:
``(22) `passenger vessel' means a vessel of at least 100 gross
tons--
``(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.''.

5cca8f556f45dfd2540688718be96574956e9ef39f8606e9f1f4d093b15920e0

Section 2101(35) of title 46, United States Code, is amended to read
as follows:
``(35) `small passenger vessel' means a vessel of less than 100
gross tons--
``(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.''.

a6c6caa472d46302ef361e12684167534031de1a8a90c3ec0b8b6980ef7c740b

Section 2101(42) of title 46, United States Code, is amended to read
as follows:
``(42) `uninspected passenger vessel' means an uninspected
vessel--
``(A) of at least 100 gross tons--
``(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.''.

38a8ededf41b52811dc79bcfe015d1d89d358a6eb7940595af7b113a06873235

Section 2101 of title 46, United States Code, is amended by
inserting between paragraphs (21) and (22) a new paragraph (21a) to read
as follows:
``(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.''.

86dbb1d38a242d2f3be03640a8cf2effd8a8b797c6d8221e9c33a020a6c6407d

Section 2101 of title 46, United States Code, is amended by
inserting between paragraphs (5) and (6) a new paragraph (5a) to read as
follows:
``(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.''.

48b0c3a8c070ae47bf92cb3235b0e3e83d4b27e3821ada8eda723a9872e32c6a

Section 2101(19) of title 46, United States Code, is amended by
inserting ``individuals in addition to the crew,'' immediately after
``supplies,'' and by striking everything after ``resources'' to the
period at the end.

0dcbf095f282d2abf3028ec8fcce58fdfaff5004b3f8f310e3d931b1f9598580

Section 2101(30) of title 46, United States Code, is amended in
subparagraph (B) by striking ``at least 6'' and substituting ``more than
6''.

80ea84e0f6b0d40aaff92fd354323438be1a259fb362ef818c7777f435e34329

Section 2101 of title 46, United States Code, is amended by
inserting between paragraphs (37) and (38) a new paragraph (37a) to read
as follows:
``(37a) `submersible vessel' means a vessel that is capable of
operating below the surface of the water.''.

31890db72a46d22f2ce37d4c8d6c0924c2e1812aa3bb9c02acfdcd544d8b152f

(a) Section 2113 of title 46, United States Code, is amended to read
as follows:
``§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 under conditions 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 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, 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.''.
(b) Section 4105 of title 46, United States Code, is amended--
(1) by inserting ``(a)'' before the text; and
(2) by adding a new subsection (b) to read as follows:
``(b) Within twenty-four months of the date of enactment of this
subsection, the Secretary shall, by regulation, require certain
additional equipment which may include liferafts or other lifesaving
equipment, construction standards, or specify additional operating
standards for those uninspected passenger vessels defined in section
2101(42)(A) of this title.''.

6e7d8b90e7c57cb2124f240bcee45e7d69b9b6afb693e968eef0885d87109f1c

(a) Section 3306 of title 46, United States Code, is amended by
adding at the end the following new subsections:
``(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 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 carrying not more than 150 passengers on domestic
voyages, which meet the eligibility criteria of section 2113(5) of this
title.''.
(b) The Secretary of Transportation shall, within twenty-four months
of the date of enactment of this Act, prescribe regulations establishing
the structural fire protection, manning, operating, and equipment
requirements for vessels which meet the requirements of subsections (h)
and (i) of section 3306 of title 46, United States Code, as amended by
this Act.
(c) Before the Secretary of Transportation prescribes regulations
under subsections (h) and (i) of section 3306 of title 46, United States
Code, as amended by this Act, the Secretary may prescribe the route,
service, manning, and equipment for those vessels based on existing
passenger vessel and small passenger vessel regulations.

f8cb0cf35151d628d22e51dc9296b2f10c01acc647ba0fd3b04825d3e2fe043f

(a) Applicability Date for Certain Chartered Vessels.--Revised
regulations governing small passenger vessels and passenger vessels (as
the definitions of those terms in section 2101 of title 46, United
States Code, are amended by this Act) shall not, before the date that is
6 months after the date of enactment of this Act, apply to such vessels
when chartered with no crew provided.
(b) Extension of Period.--The Secretary of the department in which
the Coast Guard is operating shall extend for up to 30 additional months
or until issuance of a certificate of inspection, whichever occurs
first, the period of inapplicability specified in subsection (a) if the
owner of the vessel concerned carries out the provisions of subsection
(c) to the satisfaction of the Secretary.
(c) Conditions for Extension.--To receive an extension authorized by
subsection (b), the owner of the vessel shall--
(1) make application for inspection with the Coast Guard within
6 months after the date of enactment of this Act;
(2) make the vessel available for examination by the Coast Guard
prior to the carriage of passengers;
(3)(A) correct especially any hazardous conditions involving the
vessel's structure, electrical system, and machinery installation,
such as (i) grossly inadequate, missing, unsound, or severely
deteriorated frames or major structural members; (ii) wiring systems
or electrical appliances without proper grounding or overcurrent
protection; and (iii) significant fuel or exhaust system leaks;
(B) equip the vessel with lifesaving and fire fighting
equipment, or the portable equivalent, required for the route and
number of persons carried; and
(C) verify through stability tests, calculations, or other
practical means (which may include a history of safe operations)
that the vessel's stability is satisfactory for the size, route, and
number of passengers; and
(4) develop a work plan approved by the Coast Guard to complete
in a good faith effort all requirements necessary for issuance of a
certificate of inspection as soon as practicable.
(d) Operation of Vessel During Extension Period.--The owner of a
vessel receiving an extension under this section shall operate the
vessel under the conditions of route, service, number of passengers,
manning, and equipment as may be prescribed by the Coast Guard for the
extension period.

90380e5ce1d36081183ac1ad1634b2f88c69a3fe6ab21cc8146d290bc873089f

(a) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and
section 12106 of title 46, United States Code, the Secretary of
Transportation may issue certificates of documentation with a coastwise
endorsement for the following vessels:
(1) ABORIGINAL (United States official number 942118).
(2) AFTERSAIL (United States official number 689427).
(3) ALEXANDRIA (United States official number 586490).
(4) AMANDA (Michigan registration number MC-1125-FR).
(5) ARBITRAGE II (United States official number 962861).
(6) ARIEL (United States official number 954762).
(7) BRANDARIS (former United States official number 263174).
(8) COMPASS ROSE (United States official number 695865).
(9) DIXIE (United States official number 513159).
(10) ELISSA (United States official number 697285).
(11) EMERALD PRINCESS (former United States official number
530095).
(12) ENTERPRISE (United States official number 692956).
(13) EUROPA STAR (former United States official number 588270).
(14) EUROPA SUN (former United States official number 596656).
(15) GAZELA OF PHILADELPHIA (Pennsylvania registration number
PA-4339-AF).
(16) GUSTO (United States official number 624951).
(17) GRAY (Connecticut registration number CT-5944-AJ).
(18) GRIZZLY PROCESSOR (Canadian official number 369183).
(19) GYPSY COWBOY (United States official number 550771).
(20) IMPATIENT LADY (United States official number 553952).
(21) INTREPID DRAGON II (United States official number 548109).
(22) ISLAND GIRL (United States official number 674840).
(23) JULIET (Michigan registration number MC-1669-LM).
(24) KALENA (Hawaii registration number HA-1923-E).
(25) LAURISA (United States official number 924052).
(26) LIBBY ROSE (United States official number 236976).
(27) LISERON (United States official number 971339).
(28) MARINE STAR (United States official number 248329).
(29) MARINER (United States official number 285452).
(30) MARY B (Kentucky registration number KY-0098-HX).
(31) MOONSHINE (United States official number 974226).
(32) MYSTIQUE (United States official number 921194).
(33) NORTHERN LIGHT (United States official number 237510).
(34) PAI NUI (Hawaii registration number HA-6949-D).
(35) PANDACEA (United States official number 665892).
(36) PELICAN (United States official number 234959).
(37) PLAY PRETTY (United States official number 975346).
(38) PRINCE OF TIDES II (United States official number 903858).
(39) RANGOON RUBY (Hawaii registration number HA-5636-B).
(40) RBOAT (United States official number 563955).
(41) SABLE (Massachusetts registration number MS-1841-AM).
(42) SERENA (United States official number 965317).
(43) SHILOH (United States official number 902675).
(44) SIDEWINDER (United States official number 991719).
(45) SWELL DANCER (United States official number 622046).
(46) TESSA (United States official number 675130).
(47) TOP DUCK (United States official number 990973).
(48) VIKING (United States official number 286080).
(49) WHIT CON TIKI (United States official number 663823).
(b) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883) or any other law restricting a foreign-flag vessel from
operating in the coastwise trade, the foreign-flag vessel H851 may
engage in the coastwise trade to transport an offshore drilling platform
jacket from a place near Aransas Pass, Texas, to a site on the Outer
Continental Shelf known as Viosca Knoll 989.
(c) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and
sections 12106 and 12107 of title 46, United States Code, the Secretary
of Transportation may issue certificates of documentation with a
coastwise and Great Lakes endorsement for the vessels LADY CHARL II
(United States official number 541399) and LINETTE (United States
official number 654318).
(d) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and
section 12106 of title 46, United States Code, the Secretary of
Transportation may issue a certificate of documentation with a coastwise
endorsement for the vessel M/V TWIN DRILL (Panama official number 8536-
PEXT-2) if--
(1) the vessel undergoes a major conversion (as defined in
section 2101 of title 46, United States Code) in a United States
shipyard;
(2) the cost of the major conversion is more than three times
the purchase value of the vessel before the major conversion;
(3) the major conversion is completed and the vessel is
documented under chapter 121 of title 46, United States Code, with a
coastwise endorsement before June 30, 1995;
(4) the person documenting the vessel contracts with a United
States shipyard to construct an additional vessel of equal or
greater capacity within 12 months of the date of enactment of this
Act, for delivery within 36 months of the date of such contract; and
(5) the additional vessel is documented under chapter 121 of
title 46, United States Code, immediately after it is constructed.
(e) Notwithstanding sections 12106 and 12108 of title 46, United
States Code, the Act of June 19, 1886 (46 App. U.S.C. 289), and section
27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the Secretary
of Transportation may issue a certificate of documentation with a
coastwise and fishery endorsement for the vessel REEL CLASS (Hawaii
registration number HA-6566-E).
(f) Notwithstanding section 12108 of title 46, United States Code,
the Secretary of Transportation may issue a certificate of documentation
with a fishery endorsement for the vessel DA WARRIOR (United States
official number 962231).
(g) Notwithstanding any other law or any agreement with the United
States Government, the vessels UST ATLANTIC (United States official
number 601437) and UST PACIFIC (United States official number 613131)
may be sold to a person that is not a citizen of the United States and
transferred to or placed under a foreign registry.
(h) Notwithstanding any other law, the vessel AMY CHOUEST (United
States official number 995631) is deemed to be less than 500 gross tons,
as measured under chapter 145 of title 46, United States Code, for
purposes of the maritime laws of the United States.
(i) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and
section 12106 of title 46, United States Code, the Secretary of
Transportation may issue a certificate of documentation for the
following vessels:
(1) PRINCESS XANADU OF MONACO (United States official number
660847).
(2) INSPIRATION (United States official number 277099).
(3) VENUS (United States official number 547419).
(4) LATER (United States official number 615732).
(5) MATCH MAKER (United States official number 908725).

2bcbaa555f1639838db16425ae083fc7997b7c5fad397918e70b43e62dab6f5c

TITLE VI

-DOCUMENTATION OF VESSELS

The Agreement between the Government of the United States of America
and the Government of the Russian Federation on Mutual Fisheries
Relations which was entered into on May 31, 1988, and which expired by
its terms on October 28, 1993, may be brought into force again for the
United States through an exchange of notes between the United States of
America and the Russian Federation and may remain in force and effect on
the part of the United States until May 1, 1994, and may be amended or
extended by a subsequent agreement to which section 203 of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1823) applies.

97701b1d74eba8a41ac99f0bd7b468a125ef0383ba6b76a066f3e3fcb690a3d5

TITLE VII

-MISCELLANEOUS FISHERY PROVISIONS

Section 304(g)(6)(B) of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1854(g)(6)(B)) is amended by striking
``January 1, 1994'' and inserting ``April 1, 1994''.

1eed6e6e067853924f5c176ceb412637a5efbb8f48d0299e43e5d01ab78fc229

SEA.
It is the sense of the Congress that--
(1) the United States should take appropriate measures to
conserve the resources of the Doughnut Hole, a small enclave of
international waters in the central Bering Sea, encircled by the
Exclusive Economic Zones of the United States and the Russian
Federation;
(2) the United States should continue its pursuit of an
international agreement, consistent with its rights as a coastal
state, to ensure proper management for future commercial viability
of these natural resources;
(3) the United States, working closely with the Russian
Federation should, in accordance with international law and through
multilateral consultations or through other means, promote effective
international programs for the implementation and enforcement of
regulations of the fisheries by those nations that fish in the
Doughnut Hole;
(4) the United States nonetheless should be mindful of its
management responsibility in this regard and of its rights in
accordance with international law to fully utilize the stock within
its own exclusive economic zone;
(5) the United States should accept as an urgent duty the need
to conserve for future generations the Aleutian Basin pollock stock
and should carry out that duty by taking all necessary measures, in
accordance with international law; and
(6) the United States should foster further multilateral
cooperation leading to international consensus on management of the
Doughnut Hole resources through the fullest use of diplomatic
channels and appropriate domestic and international law and should
explore all other available options and means for conservation and
management of these living marine resources.

e2e2e303d3a95c124f81cb69e4b40007cb294eb4072021793cc6fe88ec9948a7

(a) Notwithstanding any other provision of law, the Secretary of
Commerce may enter into an agreement with the University of Alaska under
which the University may contract for the engineering and design
specifications of a facility on Near Island in Kodiak, Alaska, that
meets the long-term space needs of National Oceanic and Atmospheric
Administration personnel currently located in Alaska.
(b) The Secretary may transfer available funds to the University of
Alaska to pay for such engineering and design work if additional funds
in an equal or greater amount are made available from non-Federal
sources for such work.

5daca7e9b27c998449beb59b10bf796f77f38cc90bac72bf4e4653d577e24fa4

This title may be cited as the ``Atlantic Coastal Fisheries
Cooperative Management Act''.

5dcae7b702b2ad6468700c6a93b34d0c873a9dec0c010ae5fdd5a52346e3b452

TITLE VIII

-ATLANTIC COASTAL FISHERIES

(a) Findings.--The Congress finds the following:
(1) Coastal fishery resources that migrate, or are widely
distributed, across the jurisdictional boundaries of two or more of
the Atlantic States and of the Federal Government are of substantial
commercial and recreational importance and economic benefit to the
Atlantic coastal region and the Nation.
(2) Increased fishing pressure, environmental pollution, and the
loss and alteration of habitat have reduced severely certain
Atlantic coastal fishery resources.
(3) Because no single governmental entity has exclusive
management authority for Atlantic coastal fishery resources,
harvesting of such resources in frequently subject to disparate,
inconsistent, and intermittent State and Federal regulation that has
been detrimental to the conservation and sustainable use of such
resources and to the interests of fishermen and the Nation as a
whole.
(4) The responsibility for managing Atlantic coastal fisheries
rests with the States, which carry out a cooperative program of
fishery oversight and management through the Atlantic States Marine
Fisheries Commission. It is the responsibility of the Federal
Government to support such cooperative interstate management of
coastal fishery resources.
(5) The failure by one or more Atlantic States to fully
implement a coastal fishery management plan can affect the status of
Atlantic coastal fisheries, and can discourage other States from
fully implementing coastal fishery management plans.
(6) It is in the national interest to provide for more effective
Atlantic State fishery resource conservation and management.
(b) Purpose.--The purpose of this title is to support and encourage
the development, implementation, and enforcement of effective interstate
conservation and management of Atlantic coastal fishery resources.

380064692105b09b615fc5b9f61e02e51c195a1352f7ad167c0986fd55d4b662

In this title, the following definitions apply:
(1) The term ``coastal fishery management plan'' means a plan
for managing a coastal fishery resource, or an amendment to such
plan, prepared and adopted by the Commission, that--
(A) contains information regarding the status of the
resource and related fisheries;
(B) specifies conservation and management actions to be
taken by the States; and
(C) recommends actions to be taken by the Secretary in the
exclusive economic zone to conserve and manage the fishery.
(2) The term ``coastal fishery resource'' means any fishery, any
species of fish, or any stock of fish that moves among, or is
broadly distributed across, waters under the jurisdiction of two or
more States or waters under the jurisdiction of one or more States
and the exclusive economic zone.
(3) The term ``Commission'' means the Atlantic States Marine
Fisheries Commission established under the interstate compact
consented to and approved by the Congress in Public Laws 77-539 and
81-721.
(4) The term ``conservation'' means the restoring, rebuilding,
and maintaining of any coastal fishery resource and the marine
environment, in order to assure the availability of coastal fishery
resources on a long-term basis.
(5) The term ``Councils'' means Regional Fishery Management
Councils established under section 302 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1852).
(6) The term ``exclusive economic zone'' means the exclusive
economic zone of the United States established by Proclamation
Number 5030, dated March 10, 1983. For the purposes of this title,
the inner boundary of that zone is a line coterminous with the
seaward boundary of each of the coastal States, and the outer
boundary of that zone is a line drawn in such a manner that each
point on it is 200 nautical miles from the baseline from which the
territorial sea is measured.
(7) The term ``fish'' means finfish, mollusks, crustaceans, and
all other forms of marine animal life other than marine mammals and
birds.
(8) The term ``fishery'' means--
(A) one or more stocks of fish that can be treated as a unit
for purposes of conservation and management and that are
identified on the basis of geographical, scientific, technical,
commercial, recreational, or economic characteristics; or
(B) any fishing for such stocks.
(9) The term ``fishing'' means--
(A) the catching, taking, or harvesting of fish;
(B) the attempted catching, taking, or harvesting of fish;
(C) any other activity that can be reasonably expected to
result in the catching, taking, or harvesting of fish; or
(D) any operations at sea in support of, or in preparation
for, any activity described in subparagraphs (A) through (C).
Such term does not include any scientific research activity or the
catching, taking, or harvesting of fish in an aquaculture operation.
(10) The term ``implement and enforce'' means to enact and
implement laws or regulations as required to conform with the
provisions of a coastal fishery management plan and to assure
compliance with such laws or regulations by persons participating in
a fishery that is subject to such plan.
(11) The term ``person'' means any individual (whether or not a
citizen or national of the United States), any corporation,
partnership, association, or other entity (whether or not organized
or existing under the laws of any State), and any Federal, State,
local, or foreign government or any entity of any such government.
(12) The term ``Secretary'' means the Secretary of Commerce.
(13) The term ``State'' means Maine, New Hampshire,
Massachusetts, Rhode Island, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South
Carolina, Georgia, Florida, the District of Columbia, or the Potomac
River Fisheries Commission.

809f5efd898f0c10e1574e6e8a7dac9cf8d8b9aec2f477417ea46e949983a5ac

MANAGEMENT.
(a) Federal Support for State Coastal Fisheries Programs.--The
Secretary in cooperation with the Secretary of the Interior shall
develop and implement a program to support the interstate fishery
management efforts of the Commission. The program shall include
activities to support and enhance State cooperation in collection,
management, and analysis of fishery data; law enforcement; habitat
conservation; fishery research, including biological and socioeconomic
research; and fishery management planning.
(b) Federal Regulation in Exclusive Economic Zone.--(1) In the
absence of an approved and implemented fishery management plan under the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.), and after consultation with the appropriate Councils, the
Secretary may implement regulations to govern fishing in the exclusive
economic zone that are--
(A) necessary to support the effective implementation of a
coastal fishery management plan; and
(B) consistent with the national standards set forth in section
301 of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1851).
The regulations may include measures recommended by the Commission to
the Secretary that are necessary to support the provisions of the
coastal fishery management plan. Regulations issued by the Secretary to
implement an approved fishery management plan prepared by the
appropriate Councils or the Secretary under the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) shall supersede
any conflicting regulations issued by the Secretary under this
subsection.
(2) The provisions of sections 307, 308, 309, 310, and 311 of the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1857, 1858,
1859, 1860, and 1861) regarding prohibited acts, civil penalties,
criminal offenses, civil forfeitures, and enforcement shall apply with
respect to regulations issued under this subsection as if such
regulations were issued under the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).

ab48be87590742a3bcf1bc94412a054d8a679aaaf1ce367f02d23ac905c624b7

(a) Coastal Fishery Management Plans.--(1) The Commission shall
prepare and adopt coastal fishery management plans to provide for the
conservation of coastal fishery resources. In preparing a coastal
fishery management plan for a fishery that is located in both State
waters and the exclusive economic zone, the Commission shall consult
with appropriate Councils to determine areas where such coastal fishery
management plan may complement Council fishery management plans. The
coastal fishery management plan shall specify the requirements necessary
for States to be in compliance with the plan. Upon adoption of a coastal
fishery management plan, the Commission shall identify each State that
is required to implement and enforce that plan.
(2) Within 1 year after the date of enactment of this Act, the
Commission shall establish standards and procedures to govern the
preparation of coastal fishery management plans under this title,
including standards and procedures to ensure that--
(A) such plans promote the conservation of fish stocks
throughout their ranges and are based on the best scientific
information available; and
(B) the Commission provides adequate opportunity for public
participation in the plan preparation process, including at least
four public hearings and procedures for the submission of written
comments to the Commission.
(b) State Implementation and Enforcement.--(1) Each State identified
under subsection (a) with respect to a coastal fishery management plan
shall implement and enforce the measures of such plan within the
timeframe established in the plan.
(2) Within 90 days after the date of enactment of this Act, the
Commission shall establish a schedule of timeframes within which States
shall implement and enforce the measures of coastal fishery management
plans in existence before such date of enactment. No such timeframe
shall exceed 12 months after the date on which the schedule is adopted.
(c) Commission Monitoring of State Implementation and Enforcement.--
The Commission shall, at least annually, review each State's
implementation and enforcement of coastal fishery management plans for
the purpose of determining whether such State is effectively
implementing and enforcing each such plan. Upon completion of such
reviews, the Commission shall report the results of the reviews to the
Secretaries.

70c02370d26380f7d47a6efdd3580d7931b902796bd780b548e14ea262ba038c

(a) Noncompliance Determination.--The Commission shall determine
that a State is not in compliance with the provisions of a coastal
fishery management plan if it finds that the State has not implemented
and enforced such plan within the timeframes established under the plan
or under section 805.
(b) Notification.--Upon making any determination under subsection
(a), the Commission shall within 10 working days notify the Secretaries
of such determination. Such notification shall include the reasons for
making the determination and an explicit list of actions that the
affected State must take to comply with the coastal fishery management
plan. The Commission shall provide a copy of the notification to the
affected State.
(c) Withdrawal of Noncompliance Determination.--After making a
determination under subsection (a), the Commission shall continue to
monitor State implementation and enforcement. Upon finding that a State
has complied with the actions required under subsection (b), the
Commission shall immediately withdraw its determination of
noncompliance. The Commission shall promptly notify the Secretaries of
such withdrawal.

6e4794ace8232aa89aec62d71d639fb23c5ffaa8fc9ce2756c5c56bce14957a2

(a) Secretarial Review of Commission Determination of
Noncompliance.--Within 30 days after receiving a notification from the
Commission under section 806(b) and after review of the Commission's
determination of noncompliance, the Secretary shall make a finding on--
(1) whether the State in question has failed to carry out its
responsibility under section 805; and
(2) if so, whether the measures that the State has failed to
implement and enforce are necessary for the conservation of the
fishery in question.
(b) Consideration of Comments.--In making a finding under subsection
(a), the Secretary shall--
(A) give careful consideration to the comments of the State that
the Commission has determined under section 806(a) is not in
compliance with a coastal fishery management plan, and provide such
State, upon request, with the opportunity to meet with and present
its comments directly to the Secretary; and
(B) solicit and consider the comments of the Commission and the
appropriate Councils.
(c) Moratorium.--(1) Upon making a finding under subsection (a) that
a State has failed to carry out its responsibility under section 805 and
that the measures it failed to implement and enforce are necessary for
conservation, the Secretary shall declare a moratorium on fishing in the
fishery in question within the waters of the noncomplying State. The
Secretary shall specify the moratorium's effective date, which shall be
any date within 6 months after declaration of the moratorium.
(2) If after a moratorium is declared under paragraph (1) the
Secretary is notified by the Commission that the Commission is
withdrawing under section 806(c) the determination of noncompliance, the
Secretary shall immediately determine whether the State is in compliance
with the applicable plan. If so, the moratorium shall be terminated.
(d) Implementing Regulations.--The Secretary may issue regulations
necessary to implement this section. Such regulations--
(1) may provide for the possession and use of fish which have
been produced in an aquaculture operation, subject to applicable
State regulations; and
(2) shall allow for retention of fish that are subject to a
moratorium declared under this section and unavoidably taken as
incidental catch in fisheries directed toward menhaden if--
(A) discarding the retained fish is impracticable;
(B) the retained fish do not constitute a significant
portion of the catch of the vessel; and
(C) retention of the fish will not, in the judgment of the
Secretary, adversely affect the conservation of the species of
fish retained.
(e) Prohibited Acts During Moratorium.--During the time in which a
moratorium under this section is in effect, it is unlawful for any
person to--
(1) violate the terms of the moratorium or of any implementing
regulation issued under subsection (d);
(2) engage in fishing for any species of fish to which the
moratorium applies within the waters of the State subject to the
moratorium;
(3) land, attempt to land, or possess fish that are caught,
taken, or harvested in violation of the moratorium or of any
implementing regulation issued under subsection (d);
(4) fail to return to the water immediately, with a minimum of
injury, any fish to which the moratorium applies that are taken
incidental to fishing for species other than those to which the
moratorium applies, except as provided by regulations issued under
subsection (d);
(5) refuse to permit any officer authorized to enforce the
provisions of this title to board a fishing vessel subject to such
person's control for purposes of conducting any search or inspection
in connection with the enforcement of this title;
(6) forcibly assault, resist, oppose, impede, intimidate, or
interfere with any such authorized officer in the conduct of any
search or inspection under this title;
(7) resist a lawful arrest for any act prohibited by this
section;
(8) ship, transport, offer for sale, sell, purchase, import, or
have custody, control, or possession of, any fish taken or retained
in violation of this title; or
(9) interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that such other
person has committed any act prohibited by this section.
(f) Civil and Criminal Penalties.--(1) Any person who commits any
act that is unlawful under subsection (e) shall be liable to the United
States for a civil penalty as provided by section 308 of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1858).
(2) Any person who commits an act prohibited by paragraph (5), (6),
(7), or (9) of subsection (e) is guilty of an offense punishable as
provided by section 309 (a)(1) and (b) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1859 (a)(1) and (b)).
(g) Civil Forfeitures.--(1) Any vessel (including its gear,
equipment, appurtenances, stores, and cargo) used, and any fish (or the
fair market value thereof) taken or retained, in any manner, in
connection with, or as the result of, the commission of any act that is
unlawful under subsection (e), shall be subject to forfeiture to the
United States as provided in section 310 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1860).
(2) Any fish seized pursuant to this title may be disposed of
pursuant to the order of a court of competent jurisdiction or, if
perishable, in a manner prescribed in regulation.
(h) Enforcement.--A person authorized by the Secretary or the
Secretary of the department in which the Coast Guard is operating may
take any action to enforce a moratorium declared under subsection (c) of
this section that an officer authorized by the Secretary under section
311(b) of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1861(b)) may take to enforce that Act. The Secretary may, by
agreement, on a reimbursable basis or otherwise, utilize the personnel,
services, equipment (including aircraft and vessels), and facilities of
any other Federal department or agency and of any agency of a State in
carrying out that enforcement.

9a4f2bc9cd7b1eb812f2f091f4fd9ae1d1033f4c3755d52a4d9d6f5fdcbb526e

The Secretary and the Secretary of the Interior may provide
financial assistance to the Commission and to the States to carry out
their respective responsibilities under this title, including--
(1) the preparation, implementation, and enforcement of coastal
fishery management plans; and
(2) State activities that are specifically required within such
plans.

2db869c1426ad5e85e7218d6eb0466784b5980c03365e67d32f5c6362c90267f

To carry out the provisions of this title, there are authorized to
be appropriated $3,000,000 for fiscal year 1994, $5,000,000 for fiscal
year 1995, and $7,000,000 for fiscal year 1996.

a6b7af7ef94c59f3644ccae258caa2385fb908e7c54882c33f31bf18ac0ade1d

Section 9 of the Atlantic Striped Bass Conservation Act (16 U.S.C.
1851 note) is repealed.

a70e3fc866619abbe24e990148592f2b7f512bf4f5e8834be27db75c0cc3d352

Section 308(c) of the Interjurisdictional Fisheries Act of 1986 (16
U.S.C. 4107(c)) is amended by inserting ``, and $600,000 for each of the
fiscal years 1994 and 1995,'' immediately after ``and 1993''.

08e2bf36cc3ad22c7cd1f7e3c985d2a824c5013fe3e103c0b55e1eb3778affcb

This title may be cited as the ``Liberty Memorial Act of 1993''.

5fc26779deef2cd21bd5329bde040003a35a3e98c92a5a22b756093129213eda

TITLE IX

-LIBERTY MEMORIAL

(a) Authority To Convey.--The Secretary of Transportation may convey
without consideration all right, title, and interest of the United
States in two vessels described in subsection (b) to any nonprofit
organization that operates and maintains a Liberty Ship or Victory Ship
as a memorial to merchant mariners.
(b) Vessels Described.--Vessels that may be conveyed under
subsection (a) are vessels that--
(1) are in the National Defense Reserve Fleet on the date of the
enactment of this Act;
(2) are not less than 4,000 displacement tons;
(3) have no usefulness to the Government; and
(4) are scheduled to be scrapped.
(c) Conditions of Conveyance.--As a condition of conveying any
vessel to an organization under subsection (a), the Secretary of
Transportation shall require that before the date of the conveyance, the
organization shall enter into an agreement under which the organization
shall--
(1) sell the vessel for scrap purposes;
(2) use the proceeds of that scrapping for the purpose of
refurbishing and making seaworthy a Liberty Ship or Victory Ship
that the organization maintains as a memorial to merchant mariners,
to enable the vessel to participate in 1994 in commemorative
activities in conjunction with the 50th anniversary of the Normandy
invasion; and
(3) return to the United States any proceeds of scrapping
carried out pursuant to paragraph (1) that are not used in
accordance with paragraph (2).
(d) Deposit of Amounts Returned.--Amounts returned to the United
States pursuant to subsection (c)(3) shall be deposited in the Vessel
Operations Revolving Fund established under the Act of June 2, 1951 (46
App. U.S.C. 1241a).
(e) Delivery of Vessels.--The Secretary of Transportation shall
deliver each vessel conveyed under this section--
(1) at the place where the vessel is located on the date of the
approval of the conveyance by the Secretary of Transportation;
(2) in its condition on that date; and
(3) without cost to the Government.
(f) Expiration of Authority To Convey.--The authority of the
Secretary of Transportation under this section to convey vessels shall
expire on the date that is 2 years after the date of enactment of this
Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

85a3ebdf638ea18476a32abaa9a9a7fba0458145c2f0a15c5efb1e3268b9b48a

Coast Guard Authorization Act of 1993

Other Sections