Pub.L. 104-325 To promote the research, identification, assessment, and exploration of marine mineral resources, and for other purposes. <> ...

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[[Page 110 STAT. 3901]]

Public Law 104-324
104th Congress

                                 An Act


 
 To authorize appropriations for the United States Coast Guard, and for 
          other purposes. <<NOTE: Oct. 19, 1996 -  [S. 1004]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Coast Guard Authorization 
Act of 1996.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act of 
1996''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

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

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Quarterly reports on drug interdiction.
Sec. 104. Sense of the Congress regarding funding for Coast Guard.

               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

Sec. 201. Provision of child development services.
Sec. 202. Hurricane Andrew relief.
Sec. 203. Dissemination of results of 0-6 continuation boards.
Sec. 204. Exclude certain reserves from end-of-year strength.
Sec. 205. Officer retention until retirement eligible.
Sec. 206. Recruiting.
Sec. 207. Access to National Driver Register information on certain 
           Coast Guard personnel.
Sec. 208. Coast Guard housing authorities.
Sec. 209. Board for Correction of Military Records deadline.
Sec. 210. Repeal temporary promotion of warrant officers.
Sec. 211. Appointment of temporary officers.
Sec. 212. Information to be provided to officer selection boards.
Sec. 213. Rescue diver training for selected Coast Guard personnel.
Sec. 214. Special authorities regarding Coast Guard.

        TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT

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

[[Page 110 STAT. 3902]]

Sec. 313. Information barred in legal proceedings.
Sec. 314. Marine casualty reporting.

                     TITLE IV--COAST GUARD AUXILIARY

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

                  TITLE V--DEEPWATER PORT MODERNIZATION

Sec. 501. Short title.
Sec. 502. Declarations of purpose and policy.
Sec. 503. Definitions.
Sec. 504. Licenses.
Sec. 505. Informational filings.
Sec. 506. Antitrust review.
Sec. 507. Operation.
Sec. 508. Marine environmental protection and navigational safety.

                 TITLE VI--COAST GUARD REGULATORY REFORM

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

             TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS

Sec. 701. Amendment of inland navigation rules.
Sec. 702. Measurement of vessels.
Sec. 703. Longshore and harbor workers compensation.
Sec. 704. Radiotelephone requirements.
Sec. 705. Vessel operating requirements.
Sec. 706. Merchant Marine Act, 1920.
Sec. 707. Merchant Marine Act, 1956.
Sec. 708. Maritime education and training.
Sec. 709. General definitions.
Sec. 710. Authority to exempt certain vessels.
Sec. 711. Inspection of vessels.
Sec. 712. Regulations.
Sec. 713. Penalties--Inspection of vessels.
Sec. 714. Application--Tank vessels.
Sec. 715. Tank vessel construction standards.
Sec. 716. Tanker minimum standards.
Sec. 717. Self-propelled tank vessel minimum standards.
Sec. 718. Definition--Abandonment of barges.
Sec. 719. Application--Load lines.
Sec. 720. Licensing of individuals.
Sec. 721. Able seamen--Limited.
Sec. 722. Able seamen--Offshore supply vessels.
Sec. 723. Scale of employment--Able seamen.
Sec. 724. General requirements--Engine department.
Sec. 725. Complement of inspected vessels.
Sec. 726. Watchmen.
Sec. 727. Citizenship and Naval Reserve requirements.
Sec. 728. Watches.
Sec. 729. Minimum number of licensed individuals.
Sec. 730. Officers' competency certificates convention.
Sec. 731. Merchant mariners' documents required.
Sec. 732. Certain crew requirements.
Sec. 733. Freight vessels.
Sec. 734. Exemptions.
Sec. 735. United States registered pilot service.
Sec. 736. Definitions--Merchant seamen protection.
Sec. 737. Application--Foreign and intercoastal voyages.

[[Page 110 STAT. 3903]]

Sec. 738. Application--Coastwise voyages.
Sec. 739. Fishing agreements.
Sec. 740. Accommodations for seamen.
Sec. 741. Medicine chests.
Sec. 742. Logbook and entry requirements.
Sec. 743. Coastwise endorsements.
Sec. 744. Fishery endorsements.
Sec. 745. Convention tonnage for licenses, certificates, and documents.
Sec. 746. Technical corrections.
Sec. 747. Technical corrections to references to ICC.

                    TITLE VIII--POLLUTION FROM SHIPS

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

                     TITLE IX--TOWING VESSEL SAFETY

Sec. 901. Reduction of oil spills from non-self-propelled tank vessels.
Sec. 902. Requirement for fire suppression devices.
Sec. 903. Studies addressing various sources of oil spill risk.

                          TITLE X--CONVEYANCES

Sec. 1001. Conveyance of lighthouses.
Sec. 1002. Conveyance of certain lighthouses located in Maine.
Sec. 1003. Transfer of Coast Guard property in Gosnold, Massachusetts.
Sec. 1004. Conveyance of property in Ketchikan, Alaska.
Sec. 1005. Conveyance of property in Traverse City, Michigan.
Sec. 1006. Transfer of Coast Guard property in New Shoreham, Rhode 
           Island.
Sec. 1007. Conveyance of property in Santa Cruz, California.
Sec. 1008. Conveyance of vessel S/S RED OAK VICTORY.
Sec. 1009. Conveyance of equipment.
Sec. 1010. Property exchange.
Sec. 1011. Authority to convey Whitefish Point Light Station land.
Sec. 1012. Conveyance of Parramore Beach Coast Guard Station, Virginia.
Sec. 1013. Conveyance of Jeremiah O'Brien.

                         TITLE XI--MISCELLANEOUS

Sec. 1101. Florida Avenue Bridge.
Sec. 1102. Oil Spill Recovery Institute.
Sec. 1103. Limited double hull exemptions.
Sec. 1104. Oil spill response vessels.
Sec. 1105. Service in certain suits in admiralty.
Sec. 1106. Amendments to the Johnson Act.
Sec. 1107. Lower Columbia River maritime fire and safety activities.
Sec. 1108. Oil pollution research training.
Sec. 1109. Limitation on relocation of Houston and Galveston marine 
           safety offices.
Sec. 1110. Uninspected fish tender vessels.
Sec. 1111. Foreign passenger vessel user fees.
Sec. 1112. Coast Guard user fees.
Sec. 1113. Vessel financing.
Sec. 1114. Manning and watch requirements on towing vessels on the Great 
           Lakes.
Sec. 1115. Repeal of Great Lakes endorsements.
Sec. 1116. Relief from United States documentation requirements.
Sec. 1117. Use of foreign registry oil spill response vessels.
Sec. 1118. Judicial sale of certain documented vessels to aliens.
Sec. 1119. Improved authority to sell recyclable material.
Sec. 1120. Documentation of certain vessels.
Sec. 1121. Vessel deemed to be a recreational vessel.
Sec. 1122. Small passenger vessel pilot inspection program with the 
           State of Minnesota.
Sec. 1123. Commonwealth of the Northern Mariana Islands fishing.
Sec. 1124. Availability of extrajudicial remedies for default on 
           preferred mortgage liens on vessels.
Sec. 1125. Offshore facility financial responsibility requirements.
Sec. 1126. Deauthorization of navigation project, Cohasset Harbor, 
           Massachusetts.
Sec. 1127. Sense of Congress; requirement regarding notice.
Sec. 1128. Requirement for procurement of buoy chain.
Sec. 1129. Cruise ship liability.
Sec. 1130. Sense of Congress on the implementation of regulations 
           regarding animal fats and vegetable oils.
Sec. 1131. Term of Director of the Bureau of Transportation Statistics.
Sec. 1132. Waiver of certain requirements for historic former 
           Presidential Yacht Sequoia.

[[Page 110 STAT. 3904]]

Sec. 1133. Vessel requirements.
Sec. 1134. Existing tank vessel research.
Sec. 1135. Plan for the engineering, design, and retrofitting of the 
           Icebreaker Mackinaw.
Sec. 1136. Cross-border financing.
Sec. 1137. Vessel standards.
Sec. 1138. Vessels subject to the jurisdiction of the United States.
Sec. 1139. Reactivation of closed shipyards.
Sec. 1140. Sakonnet Point Light.
Sec. 1141. Dredging of Rhode Island Waterways.
Sec. 1142. Interim payments.
Sec. 1143. Oil spill information.
Sec. 1144. Compliance with oil spill response plans.
Sec. 1145. Bridge deemed to unreasonably obstruct navigation.
Sec. 1146. Fishing vessel exemption.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Funds are authorized to be appropriated for 
necessary expenses of the Coast Guard, as follows:
            (1) For the operation and maintenance of the Coast Guard--
                    (A) for fiscal year 1996, $2,618,316,000; and
                    (B) for fiscal year 1997, $2,637,800,000;
        of which $25,000,000 shall be derived each fiscal year from the 
        Oil Spill Liability Trust Fund.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto--
                    (A) for fiscal year 1996, $428,200,000; and
                    (B) for fiscal year 1997, $411,600,000;
        to remain available until expended, of which $32,500,000 for 
        fiscal year 1996 and $20,000,000 for fiscal year 1997 shall be 
        derived each fiscal year from the Oil Spill Liability Trust Fund 
        to carry out the purposes of section 1012(a)(5) of the Oil 
        Pollution Act of 1990.
            (3) For research, development, test, and evaluation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission in 
        support of search and rescue, aids to navigation, marine safety, 
        marine environmental protection, enforcement of laws and 
        treaties, ice operations, oceanographic research, and defense 
        readiness--
                    (A) for fiscal year 1996, $22,500,000; and
                    (B) for fiscal year 1997, $20,300,000;
        to remain available until expended, of which $3,150,000 for 
        fiscal year 1996 and $5,020,000 for fiscal year 1997 shall be 
        derived each fiscal year 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--
                    (A) for fiscal year 1996, $582,022,000; and
                    (B) for fiscal year 1997, $608,100,000.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to naviga

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