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United States · Law · S

S. 1004 (104th)

Coast Guard Authorization Act of 1996

enactedUnited States· United States Congress· EN

Introduced

29 June 1995

Last action

—

Status

Became Public Law No: 104-324.

Sponsors

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Subjects

Discovery layer

Source updated

7 April 2025

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Summary

TABLE OF CONTENTS: Title I: Authorization Title II: Personnel Management Improvement Title III: Marine Safety and Waterway Services Management Title IV: Coast Guard Auxiliary Amendments Title V: Recreational Boating Safety Improvement Title VI: Coast Guard Regulatory Reform Title VII: Technical and Conforming Amendments Coast Guard Authorization Act of 1995 - Title I: Authorization - Authorizes appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, testing, and evaluation; (4) retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; (5) alteration or removal of bridges; and (6) environmental compliance and restoration at Coast Guard facilities. Amends provisions of Federal law relating to the Federal Highway Administration to declare that, notwithstanding specified provisions of law, highway bridges determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act may be funded from amounts set aside from the discretionary bridge program. Mandates the transfer of those allocations and the responsibility for the administration of those funds to the Coast Guard. (Sec. 102) Authorizes the Coast Guard end-of-year strength for active duty personnel and its average military training student loads. Title II: Personnel Management Improvement - Amends Federal law to authorize the Commandant of the Coast Guard to make child development services available for members and civilian employees of the Coast Guard and, if space is available, for members of the armed forces and Federal civilian employees. Authorizes the use of Coast Guard appropriated funds to provide assistance to family home day care providers so that family home day care services can be provided to uniformed service members and civilian employees of the Coast Guard at a cost comparable to the cost of services provided by Coast Guard child development centers. (Sec. 202) Declares that the National Defense Authorization Act for Fiscal Year 1993 applies to Coast Guard military personnel assigned to, or employed at or in connection with, any Federal facility or installation around Homestead Air Force Base, Florida, on or before August 24, 1992, except that a limited amount of Coast Guard funds shall be used. (Sec. 203) Removes provisions requiring dissemination to the service at large of the names of officers selected for continuation on active duty. (Sec. 204) Excludes certain reserve members in computing authorized strength of members on active duty or members in grade. (Sec. 205) Revises provisions regarding officer retention to provide for retention until retirement-eligible under specified conditions. (Sec. 206) Authorizes contracts to carry out health care responsibilities under Federal law relating to Coast Guard personnel and covered beneficiaries. Title III: Marine Safety and Waterway Services Management - Amends provisions relating to the documentation of vessels to: (1) increase the limit on civil fines for violations; (2) modify the circumstances in which a vessel (including a recreational vessel) and its equipment are liable to seizure and forfeiture. Allows a recreational vessel in U.S. territorial waters to be commanded by a non-U.S. citizen. (Sec. 302) Removes provisions authorizing denial and revocation of endorsements if civil penalties have not been paid. (Sec. 303) Mandates a civil fine for failure to implement or conduct, as prescribed under provisions relating to vessels and seamen and related regulations, chemical testing for dangerous drugs or for evidence of alcohol use. (Sec. 304) Extends the termination dates of the Navigation Safety Advisory Council, the Commercial Fishing Industry Vessel Advisory Committee, and the Towing Safety Advisory Committee. (Sec. 307) Allows a bill of sale, conveyance, mortgage assignment, or related instrument to be filed electronically. Requires the original to be provided within 10 days. (Sec. 308) Imposes a civil penalty of not more than $25,000 (currently, a civil penalty of $1,000) for failure to report a casualty or for violating provisions relating to small vessel manning. Title IV: Coast Guard Auxiliary - Amends Federal law to specify the Coast Guard Commandant's authorities regarding the Coast Guard Auxiliary. Deems the Auxiliary a U.S. instrumentality except when it acts outside its legislated purpose or forms a corporation under State law. (Sec. 402) Declares that the Auxiliary's purpose is to assist the Coast Guard. (Sec. 403) Declares that Auxiliary members are not Federal employees except for certain situations. (Sec. 404) Removes the word "specific" from provisions: (1) authorizing the use of Coast Guard appropriations for certain expenses of Auxiliary members assigned to authorized specific duties; (2) relating to assignment of Auxiliary members to specific duties and related vesting in the Auxiliary members of the same power and authority as members of the regular Coast Guard assigned to similar duty; and (3) injury to or death of an Auxiliary member while performing any specific duty assigned by a Coast Guard authority. (Sec. 405) Authorizes the Coast Guard to use Auxiliary members and facilities in assisting Federal agencies, States, Territories, possessions, or political subdivisions. (Sec. 406) Deems motorboats, yachts, or aircraft, while assigned to Coast Guard duty, to be public vessels of the United States and vessels of the Coast Guard or Coast Guard aircraft. Deems (subject to specified provisions) Auxiliary pilots to be Coast Guard pilots. (Sec. 408) Authorizes disposal to the Auxiliary of obsolete or unneeded Coast Guard material. Title V: Recreational Boating Safety Improvement - Amends Federal law (popularly known as the Federal Aid in Fish Restoration Act, the Fish Restoration and Management Projects Act, and the Dingell-Johnson Sport Fish Restoration Act) to mandate the distribution from the Sport Fish Restoration Account of certain amounts in specified fiscal years for grants under the Clean Vessel Act of 1992, for recreational boating safety programs, and for grants under this Act for transient nontrailerable vessel facilities. Authorizes the head of the department in which the Coast Guard is operating to spend, under contracts with States, certain amounts for State recreational boating safety programs. Authorizes appropriations. Declares that, notwithstanding any other provision of law, a specified amount of the annual appropriation from the Sport Fish Restoration Account in a certain fiscal year under specified provisions shall be excluded from the calculation of certain amounts to be distributed. (Sec. 502) Mandates a survey and plan regarding transient nontrailerable vessels and related public facilities. Requires certain amounts to be made available for grants to States to construct or renovate such public facilities. Title VI: Coast Guard Regulatory Reform - Coast Guard Regulatory Reform Act of 1995 - Mandates regulations establishing a safety management system for specified persons and vessels, including: (1) a safety and environmental protection policy; (2) instructions and procedures to ensure safe operation of those vessels and protection of the environment in compliance with international and U.S. law; (3) defined levels of authority and lines of communications between and among personnel on shore and on the vessel; and (4) procedures for reporting accidents and nonconformities with this title, preparing for and responding to emergency situations, and internal audits and management reviews of the system. Requires regulations prescribed to be consistent with the International Safety Management Code with respect to vessels engaged on a foreign voyage. Sets forth provisions regarding: (1) implementation of the safety management system; and (2) certification and enforcement. Mandates a study and report to the Congress on the methods that may be used to implement and enforce the International Management Code for the Safe Operation of ships and for Pollution Prevention under the Annex to the International Convention for the Safety of Life at Sea, 1974. (Sec. 603) Authorizes the head of the department in which the Coast Guard is operating to rely, as evidence of compliance with this title, on reports, documents, and records of other persons and on other methods determined by the head of that department to be reliable. (Sec. 604) Revises provisions regarding: (1) equipment approval; (2) frequency of inspection; (3) certificates of inspection; and (4) delegation of authority of the head of that department to classification societies. Title VII: Technical and Conforming Amendments - Amends the Inland Navigational Rules Act of 1980 to modify various navigational rules. (Sec. 702) Amends Federal law relating to measurement of vessels to authorize the head of the department in which the Coast Guard is operating to prescribe, where a statute allows, an alternate tonnage. (Sec. 702) Allows alternate tonnage measurement by amending the Longshore and Harbor Workers Act, the Vessel Bridge-to-Bridge Radiotelephone Act, the Ports and Waterways Safety Act, the Merchant Marine Act, 1920, Federal law relating to reporting of U.S. vessels rebuilt abroad, the Merchant Marine Act, 1936, and numerous provisions of Federal law relating to vessels and seamen. (Sec. 745) Authorizes the Secretary of the department in which the Coast Guard is operating (notwithstanding specified provisions) to issue a license, certificate of registry, or merchant mariner's document based on the individual applicant's service, using the tonnage as measured under specified provisions.

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