miscellaneous and conforming provisions

miscellaneous and conforming provisionsSec. 104. (a) Title 46, United States Code, is amended— (1) in section 2101(34), by inserting “, except in part H,” immediately before “means”; (2) in section 2101(46), by striking the period at the end and inserting in lieu thereof “or titled under the law of a State.”; (3) in section 2110, by striking “the licensing of masters, mates, pilots, and engineers, and the documentation of vessels,” 102 STAT. 4750 and inserting in lieu thereof “and the licensing of masters, mates, pilots, and engineers,”; (4) in sections 12102(b), 12103(a), 12105(c), 12110(a), 12112 (a), (b), and (c), 12117, 12119, and 12120, by inserting “of Transportation” immediately after “Secretary” the first time it appears; (5) in section 12102, by adding at the end the following: “(c) A vessel titled in a State is eligible for documentation only if the State certificate of title is surrendered.”; and (6) in section 12103(c), by amending clause (1) to read as follows: “(1) identify and describe the vessel;”. (b) Section 9 of the Shipping Act, 1916 (46 App. U.S.C. 808), is amended— (1) in the first paragraph, by inserting “(a)” immediately after “Sec. 9.”; (2) in the second paragraph, by inserting “(b)” immediately before “Every vessel”; and (3) by striking the third, fourth, and fifth paragraphs and inserting in lieu thereof the following: “(c) Except as provided in section 611 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1181), and sections 31322(a)(1)(D) and 31328 of title 46, United States Code, a person may not, without the approval of the Secretary of Transportation— “(1) sell, mortgage, lease, charter, deliver, or in any manner transfer, or agree to sell, mortgage, lease, charter, deliver, or in any manner transfer, to a person not a citizen of the United States, any interest in or control of a documented vessel (except in a vessel that has been operated only as a fishing vessel, fish processing vessel, or fish tender vessel (as defined in section 2101 of title 46, United States Code) or in a vessel that has been operated only for pleasure) owned by a citizen of the United States; or “(2) place a documented vessel under foreign registry or operate that vessel under the authority of a foreign country. “(d)(1) Any charter, sale, transfer, or mortgage of a vessel, or interest or control in that vessel, contrary to this section is void. “(2) A person that knowingly charters, sells, transfers, or mortgages a vessel, or interest or control in that vessel, contrary to this section shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. “(3) A documented vessel may be seized by, and forfeited to, the United States Government if— “(A) the vessel is placed under foreign registry or operated under the authority of a foreign country contrary to this section; or “(B) a person knowingly charters, sells, transfers, or mortgages a vessel, or interest or control in that vessel, contrary to this section.”. (c) The first sentence of section 902 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1242), is amended by striking “or under construction” and inserting in lieu thereof “a documented vessel, or a vessel under construction”. (d) Section 1101(a) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271(a)), is amended to read as follows: “(a) The term ‘mortgage’ includes— “(1) a preferred mortgage as defined in section 31301 of title 46, United States Code; and 102 STAT. 4751 “(2) a mortgage on a vessel that will become a preferred mortgage when filed or recorded under chapter 313 of title 46, United States Code.”. (e)(1) Before January 1, 1992, the annual fee under section 12505 of title 46, United States Code (as enacted by section 101 of this Act), is $1.00. (2) To establish, centralize, and computerize records and other information maintained under chapters 121, 125, and 313 of title 46, United States Code, from the effective date of this title through September 30, 1993, the Secretary of Transportation shall spend (out of amounts appropriated for the Department of Transportation under an appropriations law) not less than an amount that is equal to the amounts estimated to be— (A) collected under section 9701 of title 31, United States Code, for fees paid for services and things of value provided under chapter 313 of title 46, United States Code (as enacted by section 101 of this Act), and for documenting vessels under chapter 121 of title 46; and (B) transferred to or collected by the Secretary under chapter 125 of title 46, United States Code (as enacted by section 101 of this Act). (f) Section 12502(a)(1) of title 46, United States Code (as enacted by section 101 of this Act), applies to a vessel of the United States that does not have a unique number as prescribed by the Secretary of Transportation under that section until the earlier of the following: (1) The next time the vessel is documented, numbered, or titled. (2) January 1, 1995. (g) Nothing in this section requires the Coast Guard to recruit, compensate, train, purchase, or deploy any personnel or equipment to carry out chapter 125 of title 46, United States Code (as enacted by section 101 of this Act), except to the extent that appropriations are made available in an appropriations law for the Department of Transportation.