USC 512. essel spection examination, imbursement. USC 382b-1. USC 660. remained in his former grade and continued to receive the increases in pay and allowances authorized for that grade.". SEC. 7. (a) Chapter 13 of title 14, United States Code, is amended by adding a new section 512 as follows: "8512. Monetary allowance for transportation of household effects "The transportation and reimbursement authorized by subsection (b) of section 406 of title 37, United States Code, shall be available hereafter to pay a monetary allowance in place of such transportation to a member who, under regulations prescribed by the Secretary, participates in a program designated by the Secretary in which his baggage and household effects are moved by a privately owned or rental vehicle. This allowance shall not be limited to reimbursement for actual expenses and may be paid in advance of the transportation of the baggage and household effects. The allowance shall, however, be in an amount that will result in savings to the Government when the total cost of the movement of baggage and household effects is compared with the cost that otherwise would have been incurred under subsection (b) of section 406 of title 37, United States Code.". (b) The analysis of chapter 13 of title 14, United States Code, is amended by adding the following item at the end thereof: "512. Monetary allowance for transportation of household effects.". SEC. 8. When an inspection or examination of a vessel documented or to be documented as a vessel of the United States is conducted at a foreign port or place at the request of the owner or operator of the vessel, that owner or operator shall reimburse the Secretary of the department in which the Coast Guard is operating for the travel and subsistence expenses incurred by the personnel assigned to perform the inspection or examination. Amounts received as reimbursement for these expenses shall be credited to the appropriation for operating expenses s of the Coast Guard. SEC. 9. The joint resolution of June 4, 1958 (72 Stat. 179; 36 U.S.C. 161) is amended by striking the words "week which includes July 4" and inserting in lieu thereof the words "week commencing on the first Sunday in June". SEC. 10. (a) Chapter 17 of title 14, United States Code, is amended by adding a new section 660 as follows: "8660. Transportation to and from certain places of employment "(a) Whenever the Secretary determines that it is necessary for the effective conduct of the affairs of the Coast Guard, he may, at reasonable rates of fare fixed under regulations to be prescribed by him, provide assured and adequate transportation by motor vehicle or water carrier to and from their places of employment for persons attached to, or employed by, the Coast Guard; and during a war or during a national emergency declared by Congress or the President, for persons attached to, or employed in, a private plant that is manufacturing material for the Coast Guard. "(b) Transportation may not be provided under subsection (a) unless the Secretary or an officer designated by the Secretary, determines that "(1) other transportation facilities are inadequate and cannot be made adequate; "(2) a reasonable effort has been made to induce operators of private facilities to provide the necessary transportation; and "(3) the service to be furnished will make proper use of transportation facilities and will supply the most efficient transportation to the persons concerned. "(c) To provide transportation under subsection (a), the Secretary may “(1) buy, lease, or charter motor vehicles or water carriers having a seating capacity of 12 or more passengers; "(2) maintain and operate that equipment by enlisted members or employees of the Coast Guard, or by private persons under contract; and "(3) lease or charter the equipment to private or public carriers for operation under terms that are considered necessary by the Secretary or by an officer designated by the Secretary, and that may provide for the pooling of government-owned and privately owned equipment and facilities and for the reciprocal use of that equipment. "(d) Fares received under subsection (a), and proceeds of the leasing or chartering of equipment under subsection (c)(3), shall be covered into the Treasury as miscellaneous receipts.". (b) The analysis of chapter 17 of title 14, United States Code, is amended by adding the following item at the end thereof: "660. Transportation to and from certain places of employment.". SEC. 11. Paragraph (1) of the first section of Public Law 96-23 (93 Stat. 68) is amended by striking "$1,058,357,000;" and substituting "$1,091,357,000;". SEC. 12. The President shall submit to the Congress, with the fiscal year 1982 budget request for the Coast Guard and each subsequent budget request, the current copy of the Coast Guard's Capital Investment Plan, Cutter Plan, Aviation Plan, and Shore Facilities Plan. Appropriation Plans, submitta SEC. 13. Section 2(c) of Public Law 96-324 is amended by striking Ante, p. 1020 the words "the Canal Zone,”. Approved October 3, 1980. LEGISLATIVE HISTORY: HOUSE REPORT No. 96-909 accompanying H.R. 6672 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 96-779 (Comm. on Commerce, Science, and Transportation). June 23, considered and passed Senate. Sept. 15, H.R. 6672 considered and passed House; passage vacated and S. 2489, Sept. 22, Senate concurred in House amendments. To amend certain inspection and manning laws applicable to small vessels carrying passengers or freight for hire, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 4426 of the Revised Statutes (46 U.S.C. 404), is amended so that the first portion of the section, commencing with the words "4426. The hulls and boilers of every ferryboat," and ending with the words "after December 31, 1953: Provided further, " reads as follows: Oct. 6, 1980 [H.R. 5164] Small vessels, inspection and manning. "SEC. 4426. The hulls and boilers of every ferryboat, canal boat, yacht, or other small craft of like character propelled by steam, shall be inspected under the provisions of this title. All mechanically propelled vessels of one hundred gross tons or over, except those vessels propelled by machinery other than steam and engaged in fishing as a regular business, which carry freight or passengers for hire shall likewise be inspected under the provisions of this title. The Regulations. Secretary of the department in which the Coast Guard is operating shall issue regulations as may be necessary to carry out the provisions of this section for the inspection of hulls, machinery, and equipment; for the manring of these vessels; and for the duties and qualifications of the personnel thereof. Other applicable provisions of law and the regulations issued hereunder shall be complied with before a certificate of inspection may be issued: Provided, That no such vessel of three hundred gross tons or over may be navigated without a licensed engineer and a licensed deck officer: Provided further, That, for any violation of the provisions of this title or of the regulations issued thereunder, these vessels, their masters, officers, and owners shall be subject to the provisions of sections 4496, 4497, 4498, 4499, and 4500 of this title, relating to the imposition of 46 USC 494-498. penalties and the enforcement of law: Provided further," (b) Title 52 of the Revised Statutes is amended by adding the following new section after section 4426: "SEC. 4426a. (1) An offshore supply vessel is a vessel that- Offshore supply "(i) is propelled by machinery other than steam, "(ii) is not within the description of passenger carrying vessels in section 1 of the Act of May 10, 1956 (70 Stat. 151), as amended (46 U.S.C. 390), “(iii) is of more than fifteen and less than five hundred gross tons, and "(iv) regularly carries goods, supplies, or equipment in support of exploration, exploitation, or production of offshore mineral or energy resources. "(2) An existing offshore supply vessel is one that was operating as such on or before January 1, 1979, or that, if not in service of any kind on or before that date, was contracted for on or before that date and entered service as such before the effective date of this section. "(3) A new offshore supply vessel is one that is not an existing offshore supply vessel. vessel. 46 USC 404-1. Existing offshore supply vessel. New offshore supply vessel. 46 USC 391; ante, p. 1513. "Passenger." "Freight for hire.' New offshore Existing new offshore supply vessel, inspection. Manning level. "(4) In the application of section 4417 or 4426 of this title or the Act of May 10, 1956 (70 Stat. 151), as amended (46 U.S.C. 390–390g), to an offshore supply vessel, the term 'passenger' means any person carried on board the vessel other than "(iv) a bona fide member of the crew engaged in the business of the vessel who has contributed no consideration for carriage on board and is paid for services on board; "(v) an employee of the owner, or of a subcontractor to the owner, employed in the business of the owner; "(vi) a charterer of the vessel; "(vii) a person with the same relationship to a charterer as a person in (ii) or (v) above has to an owner; "(viii) a person employed in some phase of exploration, exploitation, or production of offshore mineral or energy resources served by the vessel; or "(ix) a bona fide guest who has contributed no consideration for carriage on board. "(5) The terms 'freight for hire' in section 4426 of this title and 'freight carrying vessel' in the Act of May 10, 1956 (70 Stat. 151), as amended (46 U.S.C. 390-390g), have no application to an offshore supply vessel. "(6) Each new offshore supply vessel is subject to inspection as follows: "(i) a vessel of above fifteen and less than one hundred gross tons is subject to inspection to the same extent as a freight carrying vessel as defined in the Act of May 10, 1956 (70 Stat. 151), as amended (46 U.S.C. 390-390g). "(ii) a vessel of one hundred gross tons and less than five hundred gross tons is subject to inspection under this title to the same extent as a vessel propelled in whole or in part by steam. In issuing regulations for the inspection of these vessels, the Secre tary of the department in which the Coast Guard is operating shall take into consideration the characteristics of these vessels, their method of operations, and the service in which they are engaged. "(7) Each existing offshore supply vessel is likewise subject to inspection under this title or under the Act of May 10, 1956 (70 Stat. 151), as amended (46 U.S.C. 390-390g), as applicable. Such a vessel, however, shall not be subject to rules, regulations, or standards for major structural or major equipment requirements unless compliance therewith is necessary in order to remove an especially hazardous condition. Each existing offshore supply vessel that does not possess a valid certificate of inspection issued by the Secretary shall be registered by its owner with the Secretary within three months of the date of enactment of this section. The Secretary shall cause the initial inspection of each such vessel to be made within two years of its registration date. Upon registration each existing offshore supply vessel shall be held to be in. compliance with all applicable vessel inspection laws pending verification by actual inspection. The Secretary shall establish a reasonable time schedule to bring vessels subject to this subsection into compliance with applicable requirements. For the interim period, between registration and initial inspection, the Secretary shall prescribe a manning level for each such vessel in accordance with applicable law. On or after January 1, 1989, each existing offshore supply vessel that is twenty years or older shall be subject to inspection under subsection (6) of this section. "(8) No offshore supply vessel may be navigated without a licensed deck officer and, if over two hundred gross tons, without a licensed engineer. "(9) No offshore supply vessel operating on January 1, 1979, under a certificate of inspection issued by the Secretary shall be subjected to any higher standards or new inspection requirements as a result of the enactment of this section. "(10) No offshore supply vessel may carry passengers except in an emergency. An offshore supply vessel that takes aboard one or more passengers in an emergency does not alter its character as an offshore supply vessel under this section.". SEC. 2. Section 4438 of the Revised Statutes (46 U.S.C. 224), is amended to read as follows: Officers, licensing and classification. "SEC. 4438. The Secretary of the department in which the Coast Guard is operating shall license and classify the masters, chief mates, and second and third mates, engineers and pilots of all vessels subject to the vessel inspection or manning laws of the United States. In classifying licensed officers under this section, the Secretary shall, where possible, establish suitable career patterns, and service and other qualifying requirements, appropriate to the particular service or industry in which the officers are engaged. It shall be unlawful to employ any person or for any person to serve as a master, mate, engineer, or pilot of any such vessel, when required to be licensed by the laws of the United States, or the regulations issued in implementation thereof, who is not licensed by the Secretary. Anyone violating Violation, this section is liable to a civil penalty of not more than $500 for each penalty. offense. Each day of a continuing violation shall constitute a separate offense.". SEC. 3. The Act of May 10, 1956 (70 Stat. 151), as amended (46 U.S.C. 390-390g), is amended as follows: (1) Section 1(a) is amended by striking the words "passenger- 46 USC 390. carrying". (2) Section 1(b) is amended to read as follows: "(b) The term 'passenger-carrying vessel' means any vessel which carries more than six passengers, and which is (1) propelled in whole or in part by steam or by any form of mechanical or electrical power and is of less than one hundred gross tons; (2) propelled by sail and is of seven hundred gross tons or less; or (3) non-self-propelled and is of one hundred gross tons or less; except any public vessel of the United States or of any foreign state, or any lifeboat forming part of a vessel's lifesaving equipment. The term includes (1) a domestic vessel operating on the navigable waters of the United States, or on the high seas outside of those waters and within the normal operating range of the vessel, and (2) a foreign vessel departing from a port of the United States.". "Passengercarrying vessel." "Freightcarrying vessel." (3) Section 1 is amended by adding a new subsection as follows: "(e) The term 'freight-carrying vessel' means a vessel which carries freight for hire, is propelled by machinery, and is above fifteen gross tons and less than one hundred gross tons. The term does not include (1) vessels propelled by machinery other than steam and engaged in fishing as a regular business, or (2) vessels of foreign registry.". (4) Section 2(a) is amended by striking the words "passenger- 46 USC 390a. carrying vessel," and inserting in lieu thereof the words "passengercarrying vessel and each freight-carrying vessel,”. (5) Section 3 is amended by striking the words "passenger-carrying 46 USC 390b. vessels" and inserting in lieu thereof the words "passenger-carrying vessels and freight-carrying vessels”. |