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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4422 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4422

 To authorize appropriations for fiscal year 1995 for the Coast Guard, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 1994

   Mr. Tauzin (for himself, Mr. Studds, Mr. Fields of Texas, and Mr. 
    Coble) introduced the following bill; which was referred to the 
               Committee on Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL

 
 To authorize appropriations for fiscal year 1995 for the 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act of 
1994''.

                        TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for necessary expenses of 
the Coast Guard for fiscal year 1995, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,630,505,000, of which $25,000,000 shall be derived 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, $439,200,000, to remain available until expended, of 
        which $32,500,000 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, oceanographic research, and 
        defense readiness, $20,310,000, to remain available until 
        expended, of which $3,150,000 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, $562,585,000.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Bridge Alteration Program, $13,000,000, to 
        remain available until expended.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities, $25,000,000, to remain available until 
        expended.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 39,000 as of September 30, 
1995. 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) Military Training Student Loads.--For fiscal year 1995, the 
Coast Guard is authorized average military training student loads as 
follows:
            (1) For recruit and special training, 2,000 student years.
            (2) For flight training, 133 student years.
            (3) For professional training in military and civilian 
        institutions, 344 student years.
            (4) For officer acquisition, 955 student years.

SEC. 103. DRUG INTERDICTION ACTIVITIES.

    In addition to amounts otherwise authorized by this Act, there are 
authorized to be appropriated to the Secretary of Transportation for 
operation and maintenance expenses of Coast Guard drug interdiction 
activities $11,544,000 for fiscal year 1995.

               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

SEC. 201. HURRICANE ANDREW RELIEF.

    Section 2856 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484) applies to the military personnel of the 
Coast Guard who were assigned to, or employed at or in connection with, 
any Federal facility or installation in the vicinity of Homestead Air 
Force Base, Florida, including the areas of Broward, Collier, Dade, and 
Monroe Counties, on or before August 24, 1992, except that--
            (1) funds available to the Coast Guard, not to exceed a 
        total of $25,000, shall be used; and
            (2) the Secretary of Transportation shall administer that 
        section with respect to such personnel.

SEC. 202. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION BOARDS.

    Section 289(f) of title 14, United States Code, is amended by 
striking ``Upon approval by the President, the names of the officers 
selected for continuation on active duty by the board shall be promptly 
disseminated to the service at large.''.

SEC. 203. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.

    Section 712 of title 14, United States Code, is amended by adding 
at the end the following:
    ``(d) Reserve members ordered to active duty under this section 
shall not be counted in computing authorized strength of members on 
active duty or members in grade under this title or under any other 
law.''.

SEC. 204. MARINE CASUALTY INVESTIGATIONS.

    (a) Informal Marine Casualty Investigations.--Title 46, United 
States Code, is amended by inserting after section 6301 the following 
new section:
``Sec. 6301a. Informal marine casualty investigations
    ``(a) The Secretary may conduct informal investigations of marine 
casualties.
    ``(b) Notwithstanding sections 6302 and 6303 of this title, the 
Secretary is not required to hold an informal investigation open to the 
public.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 63 of title 46, United States Code, is amended by inserting 
after the item related to section 6301 the following:

``6301a. Informal marine casualty investigations.''.

SEC. 205. PROVISION OF CHILD DEVELOPMENT SERVICES.

    (a) In General.--Title 14, United States Code, is amended by 
inserting after section 514 the following new section:
``Sec. 515. Child development services
    ``(a) The Commandant may make child development services available 
for members and civilian employees of the Coast Guard, and thereafter 
as space is available for members of the Armed Forces and Federal 
civilian employees. Child development services benefits provided under 
this section shall be in addition to benefits provided under other 
laws.
    ``(b)(1) Except as provided in paragraph (2), the Commandant may 
require that amounts received as fees for the provision of child 
development services under this section at Coast Guard child 
development centers be used only for compensation of Coast Guard child 
development center employees who are directly involved in providing 
child care.
    ``(2) If the Commandant determines that compliance with the 
limitation in paragraph (1) would result in an uneconomical and 
inefficient use of amounts received as such fees, the Commandant may 
(to the extent that such compliance would be uneconomical and 
inefficient) use such amounts--
            ``(A) for the purchase of consumable or disposable items 
        for Coast Guard child development centers; and
            ``(B) if the requirements of such centers for consumable or 
        disposable items for a given fiscal year have been met, for 
        other expenses of those centers.
    ``(c) The Commandant may use Department of Defense or other 
training programs to insure that all child development services 
providers under this section meet minimum standards.
    ``(d) The Commandant may provide assistance to members and civilian 
employees of the Coast Guard for obtaining services of qualified family 
home child development services providers. The cost per child to the 
Coast Guard of obtaining those services may not exceed the average of 
the cost per child incurred by the Coast Guard for child development 
services provided at all Coast Guard child development centers.
    ``(e)(1) Of the amounts available to the Coast Guard each fiscal 
year for operating expenses (and in addition to amounts received as 
fees), the Secretary shall use for child development services under 
this section an amount equal to the total amount the Commandant 
estimates will be received by the Coast Guard in the fiscal year as 
fees for the provision of those services.
    ``(2) The amount of funds used under paragraph (1) each fiscal year 
shall not exceed $1,000,000.
    ``(f) For purposes of this section, the term `Coast Guard child 
development center' does not include a child care services facility for 
which space is allotted under section 616 of the Act of December 22, 
1987 (40 U.S.C. 490b).
    ``(g) The Secretary shall promulgate regulations to implement this 
section. The regulations shall establish fees to be charged for child 
development services provided under this section which are based on 
total family income.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 13 of title 14, United States Code, is amended by inserting 
after the item related to section 514 the following:

``515. Child development services.''.

     TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT

SEC. 301. FOREIGN PASSENGER VESSEL USER FEES.

    Section 3303 of title 46, United States Code, is amended--
            (1) in subsection (a) by striking ``(a) Except as'' and 
        inserting ``Except as''; and
            (2) by striking subsection (b).

SEC. 302. DOCUMENTATION VIOLATIONS.

    (a) Civil Penalties.--Section 12122(a) of title 46, United States 
Code, is amended by striking ``$500'' and inserting ``$25,000''.
    (b) Seizure and Forfeiture.--
            (1) In general.--Section 12122(b) of title 46, United 
        States Code, is amended to read as follows:
    ``(b) A vessel and its equipment are liable to seizure by and 
forfeiture to the United States Government, if--
            ``(1) the owner of the vessel or a representative or agent 
        of the owner knowingly falsifies or conceals a material fact, 
        or makes a false statement or representation about the 
        documentation or in applying for documentation of the vessel;
            ``(2) a certificate of documentation is knowingly and 
        fraudulently used for the vessel;
            ``(3) the vessel is operated after its endorsement has been 
        denied or revoked under section 12123 of this title;
            ``(4) the vessel is employed in a trade without an 
        appropriate trade endorsement; or
            ``(5) in the case of a documented vessel with only a 
        recreational endorsement, the vessel is operated other than for 
        pleasure.''.
            (2) Conforming amendment.--Section 12122(c) of title 46, 
        United States Code, is repealed.
    (c) Limitation on Operation of Vessel With Only Recreational 
Endorsement.--Section 12110(c) of title 46, United States Code, is 
repealed.
    (d) Termination of Restriction on Command of Recreational 
Vessels.--
            (1) Termination of restriction.--Subsection (d) of section 
        12110 of title 46, United States Code, is amended--
                    (A) by inserting ``, other than a vessel with only 
                a recreational endorsement,'' after ``A documented 
                vessel''; and
                    (B) by redesignating that subsection as subsection 
                (c).
            (2) Conforming amendment.--Section 12111(a)(2) of title 46, 
        United States Code, is amended by inserting before the period 
        the following: ``in violation of section 12110(c) of this 
        title''.

SEC. 303. CLERICAL AMENDMENT.

    Chapter 121 of title 46, United States Code, is amended--
            (1) by striking the first section 12123; and
            (2) in the table of sections at the beginning of the 
        chapter by striking the first item relating to section 12123.

SEC. 304. BATON ROUGE RESCUE AND PATROL VESSEL.

    Beginning not later than 60 days after the date of the enactment of 
this Act, the Commandant of the Coast Guard shall operate a rescue and 
patrol vessel on the Mississippi River in the vicinity of Baton Rouge, 
Louisiana, to support Coast Guard rescue, law enforcement, marine 
safety, marine environmental protection, and port security missions.

SEC. 305. FLORIDA AVENUE BRIDGE.

    For purposes of the alteration of the Florida Avenue Bridge 
(located approximately 1.63 miles east of the Mississippi River on the 
Gulf Intracoastal Waterway in Orleans Parish, Louisiana) ordered by the 
Secretary of Transportation under the Act of June 21, 1940 (33 U.S.C. 
511 et seq.; popularly known as the Truman-Hobbs Act), the Secretary 
shall treat the drainage siphon that is adjacent to the bridge as an 
appurtenance of the bridge, including with respect to apportionment and 
payment of costs for the removal of the drainage siphon in accordance 
with that Act.

SEC. 306. RENEWAL OF HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY 
              COMMITTEE AND LOWER MISSISSIPPI RIVER WATERWAY ADVISORY 
              COMMITTEE.

    The Coast Guard Authorization Act of 1991 (Public Law 102-241, 105 
Stat. 2208-2235) is amended--
            (1) in section 18 by adding at the end the following:
    ``(h) The Committee shall terminate on October 1, 1999.''; and
            (2) in section 19 by adding at the end the following:
    ``(g) The Committee shall terminate on October 1, 1999.''.

SEC. 307. LIMITATION ON CONSOLIDATION OF HOUSTON AND GALVESTON MARINE 
              SAFETY OFFICES.

    The Secretary of Transportation may not consolidate the Coast Guard 
Marine Safety Offices in Galveston, Texas, and Houston, Texas.

SEC. 308. RESPONSE EXERCISE PROGRAM AT MASSACHUSETTS MARITIME ACADEMY.

    (a) Transfer.--Within 30 days after the date of enactment of this 
Act, the Coast Guard shall transfer to the Massachusetts Maritime 
Academy $500,000 to continue the oil spill simulator activities at the 
Academy.
    (b) Designation of Center as Regional Facility.--The Coast Guard 
shall designate the Center for Marine Environmental Protection and 
Safety at the Massachusetts Maritime Academy as a regional facility for 
the conduct and evaluation of annual response area management team 
exercises for two response areas in the East Coast in accordance with 
the Preparedness for Response Exercise Program established by the Coast 
Guard.

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