Union Calendar No. 388

103D CONGRESS

2D SESSION H. R. 4422

[Report No. 103–706]

A BILL

To authorize appropriations for fiscal year 1995 for

the Coast Guard, and for other purposes.

AUGUST 16, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 388

103D CONGRESS

2D SESSION H. R. 4422

[Report No. 103–706]

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

AUGUST 16, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 12, 1994]

A BILL

To authorize appropriations for fiscal year 1995 for the

Coast Guard, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Coast Guard Authoriza3 tion Act of 1994’’.

4 TITLE I—AUTHORIZATIONS

5 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

6 Funds are authorized to be appropriated for necessary

7 expenses of the Coast Guard for fiscal year 1995, as follows:

8 (1) For the operation and maintenance of the

9 Coast Guard, $2,630,505,000, of which $25,000,000

10 shall be derived from the Oil Spill Liability Trust

11 Fund.

12 (2) For the acquisition, construction, rebuilding,

13 and improvement of aids to navigation, shore and off14 shore facilities, vessels, and aircraft, including equip15 ment related thereto, $439,200,000, to remain avail16 able until expended, of which $32,500,000 shall be de17 rived from the Oil Spill Liability Trust Fund to

18 carry out the purposes of section 1012(a)(5) of the Oil

19 Pollution Act of 1990.

20 (3) For research, development, test, and evalua21 tion of technologies, materials, and human factors di22 rectly relating to improving the performance of the

23 Coast Guard’s mission in support of search and res24 cue, aids to navigation, marine safety, marine envi25 ronmental protection, enforcement of laws and trea26 ties, ice operations, oceanographic research, and de-
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1 fense readiness, $20,310,000, to remain available

2 until expended, of which—

3 (A) $3,150,000 shall be derived from the Oil

4 Spill Liability Trust Fund; and

5 (B) $1,500,000 is authorized to conduct, in

6 cooperation with appropriate Federal and State

7 agencies, local maritime education organizations,

8 and local marine industry representatives, a

9 demonstration project on the lower Mississippi

10 River and in the Houston Ship Channel to study

11 the effectiveness of currently available Electronic

12 Chart Display and Information Systems

13 (ECDIS) and Electronic Chart Systems (ECS)

14 for use on commercial vessels.

15 (4) For retired pay (including the payment of

16 obligations otherwise chargeable to lapsed appropria17 tions for this purpose), payments under the Retired

18 Serviceman’s Family Protection and Survivor Benefit

19 Plans, and payments for medical care of retired per20 sonnel and their dependents under chapter 55 of title

21 10, United States Code, $562,585,000.

22 (5) For alteration or removal of bridges over

23 navigable waters of the United States constituting ob24 structions to navigation, and for personnel and ad25 ministrative costs associated with the Bridge Alter-
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1 ation Program, $13,000,000, to remain available

2 until expended.

3 (6) For environmental compliance and restora4 tion at Coast Guard facilities, $25,000,000, to remain

5 available until expended.

6 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

7 AND TRAINING.

8 (a) ACTIVE DUTY STRENGTH.—The Coast Guard is

9 authorized an end-of-year strength for active duty personnel

10 of 39,000 as of September 30, 1995. The authorized strength

11 does not include members of the Ready Reserve called to

12 active duty for special or emergency augmentation of regu13 lar Coast Guard forces for periods of 180 days or less.

14 (b) MILITARY TRAINING STUDENT LOADS.—For fiscal

15 year 1995, the Coast Guard is authorized average military

16 training student loads as follows:

17 (1) For recruit and special training, 2,000 stu18 dent years.

19 (2) For flight training, 133 student years.

20 (3) For professional training in military and ci21 vilian institutions, 344 student years.

22 (4) For officer acquisition, 955 student years.

23 SEC. 103. DRUG INTERDICTION ACTIVITIES.

24 In addition to amounts otherwise authorized by this

25 Act, there are authorized to be appropriated to the Secretary
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1 of Transportation for operation and maintenance expenses

2 of Coast Guard drug interdiction activities $21,000,000 for

3 fiscal year 1995.

4 TITLE II—PERSONNEL

5 MANAGEMENT IMPROVEMENT

6 SEC. 201. HURRICANE ANDREW RELIEF.

7 Section 2856 of the National Defense Authorization

8 Act for Fiscal Year 1993 (Public Law 102–484) applies to

9 the military personnel of the Coast Guard who were as10 signed to, or employed at or in connection with, any Fed11 eral facility or installation in the vicinity of Homestead

12 Air Force Base, Florida, including the areas of Broward,

13 Collier, Dade, and Monroe Counties, on or before August

14 24, 1992, except that—

15 (1) funds available to the Coast Guard, not to

16 exceed a total of $25,000, shall be used; and

17 (2) the Secretary of Transportation shall admin18 ister that section with respect to such personnel.

19 SEC. 202. DISSEMINATION OF RESULTS OF 0–6 CONTINU20 ATION BOARDS.

21 Section 289(f) of title 14, United States Code, is

22 amended by striking ‘‘Upon approval by the President, the

23 names of the officers selected for continuation on active duty

24 by the board shall be promptly disseminated to the service

25 at large.’’.
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1 SEC. 203. EXCLUDE CERTAIN RESERVES FROM END-OF2 YEAR STRENGTH.

3 Section 712 of title 14, United States Code, is amended

4 by adding at the end the following:

5 ‘‘(d) Reserve members ordered to active duty under this

6 section shall not be counted in computing authorized

7 strength of members on active duty or members in grade

8 under this title or under any other law.’’.

9 SEC. 204. MARINE CASUALTY INVESTIGATIONS.

10 (a) INFORMAL MARINE CASUALTY INVESTIGATIONS.—

11 Title 46, United States Code, is amended by inserting after

12 section 6301 the following new section:

13 ‘‘§ 6301a. Informal marine casualty investigations

14 ‘‘(a) The Secretary may conduct informal investiga15 tions of marine casualties.

16 ‘‘(b) Notwithstanding section 6302 of this title, the Sec17 retary is not required to hold an informal investigation

18 open to the public.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections at

20 the beginning of chapter 63 of title 46, United States Code,

21 is amended by inserting after the item related to section

22 6301 the following:

‘‘6301a. Informal marine casualty investigations.’’.
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1 SEC. 205. PROVISION OF CHILD DEVELOPMENT SERVICES.

2 (a) IN GENERAL.—Title 14, United States Code, is

3 amended by inserting after section 514 the following new

4 section:

5 ‘‘§ 515. Child development services

6 ‘‘(a) The Commandant may make child development

7 services available for members and civilian employees of the

8 Coast Guard, and thereafter as space is available for mem9 bers of the Armed Forces and Federal civilian employees.

10 Child development services benefits provided under this sec11 tion shall be in addition to benefits provided under other

12 laws.

13 ‘‘(b)(1) Except as provided in paragraph (2), the Com14 mandant may require that amounts received as fees for the

15 provision of child development services under this section

16 at Coast Guard child development centers be used only for

17 compensation of Coast Guard child development center em18 ployees who are directly involved in providing child care.

19 ‘‘(2) If the Commandant determines that compliance

20 with the limitation in paragraph (1) would result in an

21 uneconomical and inefficient use of amounts received as

22 such fees, the Commandant may (to the extent that such

23 compliance would be uneconomical and inefficient) use such

24 amounts—
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1 ‘‘(A) for the purchase of consumable or dispos2 able items for Coast Guard child development centers;

3 and

4 ‘‘(B) if the requirements of such centers for

5 consumable or disposable items for a given fiscal year

6 have been met, for other expenses of those centers.

7 ‘‘(c) The Commandant may use Department of Defense

8 or other training programs to insure that all child develop9 ment services providers under this section meet minimum

10 standards.

11 ‘‘(d) The Commandant may provide assistance to

12 members and civilian employees of the Coast Guard for ob13 taining services of qualified family home child development

14 services providers. The cost per child to the Coast Guard

15 of obtaining those services may not exceed the average of

16 the cost per child incurred by the Coast Guard for child

17 development services provided at all Coast Guard child de18 velopment centers.

19 ‘‘(e)(1) Of the amounts available to the Coast Guard

20 each fiscal year for operating expenses (and in addition to

21 amounts received as fees), the Secretary shall use for child

22 development services under this section an amount equal

23 to the total amount the Commandant estimates will be re24 ceived by the Coast Guard in the fiscal year as fees for the

25 provision of those services.
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1 ‘‘(2) The amount of funds used under paragraph (1)

2 each fiscal year shall not exceed $1,000,000.

3 ‘‘(f) For purposes of this section, the term ‘Coast Guard

4 child development center’ does not include a child care serv5 ices facility for which space is allotted under section 616

6 of the Act of December 22, 1987 (40 U.S.C. 490b).

7 ‘‘(g) The Secretary shall promulgate regulations to im8 plement this section. The regulations shall establish fees to

9 be charged for child development services provided under

10 this section which are based on total family income.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections at

12 the beginning of chapter 13 of title 14, United States Code,

13 is amended by inserting after the item related to section

14 514 the following:

‘‘515. Child development services.’’.

15 TITLE III—NAVIGATION SAFETY

16 AND WATERWAY SERVICES

17 MANAGEMENT

18 SEC. 301. FOREIGN PASSENGER VESSEL USER FEES.

19 Section 3303 of title 46, United States Code, is

20 amended—

21 (1) in subsection (a) by striking ‘‘(a) Except as’’

22 and inserting ‘‘Except as’’; and

23 (2) by striking subsection (b).
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1 SEC. 302. DOCUMENTATION VIOLATIONS.

2 (a) CIVIL PENALTIES.—Section 12122(a) of title 46,

3 United States Code, is amended by striking ‘‘$500’’ and in4 serting ‘‘$25,000’’.

5 (b) SEIZURE AND FORFEITURE.—

6 (1) IN GENERAL.—Section 12122(b) of title 46,

7 United States Code, is amended to read as follows:

8 ‘‘(b) A vessel and its equipment are liable to seizure

9 by and forfeiture to the United States Government, if—

10 ‘‘(1) the owner of the vessel or a representative

11 or agent of the owner knowingly falsifies or conceals

12 a material fact, or makes a false statement or rep13 resentation about the documentation or in applying

14 for documentation of the vessel;

15 ‘‘(2) a certificate of documentation is knowingly

16 and fraudulently used for the vessel;

17 ‘‘(3) the vessel is operated after its endorsement

18 has been denied or revoked under section 12123 of this

19 title;

20 ‘‘(4) the vessel is employed in a trade without an

21 appropriate trade endorsement; or

22 ‘‘(5) in the case of a documented vessel with only

23 a recreational endorsement, the vessel is operated

24 other than for pleasure.’’.

25 (2) CONFORMING AMENDMENT.—Section

26 12122(c) of title 46, United States Code, is repealed.
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1 (c) LIMITATION ON OPERATION OF VESSEL WITH

2 ONLY RECREATIONAL ENDORSEMENT.—Section 12110(c) of

3 title 46, United States Code, is repealed.

4 (d) TERMINATION OF RESTRICTION ON COMMAND OF

5 RECREATIONAL VESSELS.—

6 (1) TERMINATION OF RESTRICTION.—Subsection

7 (d) of section 12110 of title 46, United States Code,

8 is amended—

9 (A) by inserting ‘‘, other than a vessel with

10 only a recreational endorsement operating with11 in the territorial waters of the United States,’’

12 after ‘‘A documented vessel’’; and

13 (B) by redesignating that subsection as sub14 section (c).

15 (2) CONFORMING AMENDMENT.—Section

16 12111(a)(2) of title 46, United States Code, is amend17 ed by inserting before the period the following: ‘‘in

18 violation of section 12110(c) of this title’’.

19 SEC. 303. CLERICAL AMENDMENT.

20 Chapter 121 of title 46, United States Code, is

21 amended—

22 (1) by striking the first section 12123; and

23 (2) in the table of sections at the beginning of the

24 chapter by striking the first item relating to section

25 12123.
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1 SEC. 304. BATON ROUGE RESCUE AND PATROL VESSEL.

2 Beginning not later than 60 days after the date of the

3 enactment of this Act, the Commandant of the Coast Guard

4 shall operate a rescue and patrol vessel on the Mississippi

5 River in the vicinity of Baton Rouge, Louisiana, to support

6 Coast Guard rescue, law enforcement, marine safety, ma7 rine environmental protection, and port security missions.

8 SEC. 305. FLORIDA AVENUE BRIDGE.

9 For purposes of the alteration of the Florida Avenue

10 Bridge (located approximately 1.63 miles east of the Mis11 sissippi River on the Gulf Intracoastal Waterway in Orle12 ans Parish, Louisiana) ordered by the Secretary of Trans13 portation under the Act of June 21, 1940 (33 U.S.C. 511

14 et seq.; popularly known as the Truman-Hobbs Act), the

15 Secretary shall treat the drainage siphon that is adjacent

16 to the bridge as an appurtenance of the bridge, including

17 with respect to apportionment and payment of costs for the

18 removal of the drainage siphon in accordance with that Act.

19 SEC. 306. RENEWAL OF HOUSTON-GALVESTON NAVIGATION

20 SAFETY ADVISORY COMMITTEE AND LOWER

21 MISSISSIPPI RIVER WATERWAY ADVISORY

22 COMMITTEE.

23 The Coast Guard Authorization Act of 1991 (Public

24 Law 102–241, 105 Stat. 2208–2235) is amended—

25 (1) in section 18 by adding at the end the follow26 ing:
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1 ‘‘(h) The Committee shall terminate on October 1,

2 1999.’’; and

3 (2) in section 19 by adding at the end the follow4 ing:

5 ‘‘(g) The Committee shall terminate on October 1,

6 1999.’’.

7 SEC. 307. LIMITATION ON CONSOLIDATION OF HOUSTON

8 AND GALVESTON MARINE SAFETY OFFICES.

9 The Secretary of Transportation may not consolidate

10 the Coast Guard Marine Safety Offices in Galveston, Texas,

11 and Houston, Texas.

12 SEC. 308. RESPONSE EXERCISE PROGRAM AT MASSACHU13 SETTS MARITIME ACADEMY.

14 (a) TRANSFER.—Within 30 days after the date of en15 actment of this Act, the Coast Guard shall transfer to the

16 Massachusetts Maritime Academy $500,000 to continue the

17 oil spill simulator activities at the Academy.

18 (b) DESIGNATION OF CENTER AS REGIONAL FACIL19 ITY.—The Coast Guard shall designate the Center for Ma20 rine Environmental Protection and Safety at the Massachu21 setts Maritime Academy as a regional facility for the con22 duct and evaluation of annual response area management

23 team exercises for two response areas in the East Coast in

24 accordance with the Preparedness for Response Exercise

25 Program established by the Coast Guard.
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1 SEC. 309. PROHIBITION ON DECOMMISSIONING ICE2 BREAKER MACKINAW.

3 (a) PROHIBITION.—The Secretary of Transportation

4 may not decommission the Coast Guard cutter MACKINAW

5 until the later of—

6 (1) 1 year after transmitting to the Congress the

7 report required under subsection (d); or

8 (2) October 1, 1995.

9 (b) REQUIREMENT TO MAINTAIN BILLETS.—The Sec10 retary shall during fiscal year 1995 maintain on the Coast

11 Guard cutter MACKINAW the same number of billets as

12 were maintained on that vessel during fiscal year 1994.

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to the Secretary of Transpor15 tation $4,500,000 for fiscal year 1995, to remain available

16 until expended, for operations and maintenance of the Coast

17 Guard cutter MACKINAW.

18 (d) STUDY AND REPORT.—Not later than 6 months

19 after the date of enactment of this Act, the Secretary of

20 Transportation shall conduct a study and submit a report

21 to the Congress containing findings and recommendations

22 on the icebreaking needs of the Great Lakes and the appro23 priate size and type of vessel or vessels to meet those needs.

24 In conducting the study, the Secretary shall—

25 (1) consult with—
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1 (A) Great Lakes carriers, shippers, and port

2 authorities, including the Lake Carriers Associa3 tion;

4 (B) the Great Lakes Commission;

5 (C) the Governors of States bordering the

6 Great Lakes;

7 (D) local governments in States bordering

8 the Great Lakes; and

9 (E) interested private persons;

10 (2) determine the average and maximum ice con11 ditions in the Great Lakes over the past 10 years;

12 (3) determine the size and type of vessel or ves13 sels necessary to clear shipping channels in the aver14 age and maximum ice conditions determined under

15 paragraph (2);

16 (4) evaluate whether any Coast Guard vessel sta17 tioned on the Great Lakes, other than the MACKI18 NAW, can safely conduct search and rescue missions

19 in 25-foot seas;

20 (5) evaluate the feasibility of operating the Coast

21 Guard icebreaker MACKINAW on a seasonal basis;

22 (6) evaluate the feasibility of building an ice23 strengthened Juniper Class buoy tender to replace the

24 icebreaking services performed by the MACKINAW;

25 and
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1 (7) evaluate the feasibility of entering into a

2 long-term contract for icebreaking services to replace

3 the icebreaking services performed by the MACKI4 NAW.

5 (e) AUTHORIZATION FOR RECOMMENDATIONS.—If,

6 after transmitting the report required in subsection (d), the

7 Secretary determines that—

8 (1) in addition to previously authorized Juniper

9 Class buoy tenders, building an ice-strengthened Juni10 per Class buoy tender is the most feasible means of

11 providing icebreaking service on the Great Lakes, the

12 Secretary may, subject to the availability of appro13 priations, enter into a contract for the construction of

14 an ice-strengthened Juniper Class buoy tender; or

15 (2) entering into a long-term contract for

16 icebreaking services is the most feasible means of pro17 viding icebreaking services on the Great Lakes, the

18 Secretary may, subject to the availability of appro19 priations, enter into such a long-term contract.

20 SEC. 310. REQUIREMENT TO OPERATE USCGC TACKLE IN

21 CRISFIELD, MARYLAND.

22 The Secretary of Transportation shall continue to op23 erate the USCGC TACKLE (WYTL 65604) in the vicinity

24 of Crisfield, Maryland, until October 1, 1995.
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1 SEC. 311. BUY AMERICAN REQUIREMENT FOR SURFACE

2 SEARCH RADAR SYSTEMS.

3 Notwithstanding any other law, at least 51 percent of

4 the components of surface search radar systems for Coast

5 Guard vessels shall be manufactured in the United States,

6 provided the United States manufacturer offers the Coast

7 Guard a competitive price.

8 SEC. 312. CONVEYANCE OF PROPERTY.

9 (a) REQUIREMENT.—The Secretary of Transportation

10 (or any other official having control over the property de11 scribed in subsection (b)) shall expeditiously convey to the

12 Traverse City Area Public School District in Traverse City,

13 Michigan, without consideration, all right, title, and inter14 est of the United States in and to the property described

15 in subsection (b), subject to all easements and other interests

16 in the property held by any other person.

17 (b) PROPERTY DESCRIBED.—The property referred to

18 in subsection (a) is a parcel of land consisting of approxi19 mately 27.10 acres identified by the Traverse City School

20 District in the northwest corner of the Coast Guard Air Sta21 tion at Traverse City, Michigan.

22 (c) REVERSIONARY INTEREST.—In addition to any

23 term or condition established pursuant to subsection (a),

24 any conveyance of property described in subsection (b) shall

25 be subject to the condition that all right, title, and interest

26 in and to the property so conveyed shall immediately revert
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1 to the United States if the property, or any part thereof,

2 ceases to be used by the Traverse City School District.

3 TITLE IV—MISCELLANEOUS

4 SEC. 401. SPECIAL RECRUITING AUTHORITY TO ACHIEVE

5 DIVERSITY.

6 (a) FINDINGS.—The Congress makes the following

7 findings:

8 (1) Women and minorities have historically been

9 underrepresented in the Coast Guard officer corps and

10 at the United States Coast Guard Academy.

11 (2) The number of women and minorities occu12 pying leadership positions in the United States Coast

13 Guard should reflect the proportion of women and

14 minorities in the total population.

15 (3) Notwithstanding application of traditional

16 recruiting programs, the Coast Guard has not been

17 able to rectify the historic underrepresentation of

18 women and minorities in the service and at the Acad19 emy.

20 (4) Cultural bias in standardized testing or

21 grading procedures may adversely affect the ability of

22 minorities to compete successfully for admission to the

23 United States Coast Guard Academy.

24 (5) The education and professional training pro25 vided at the United States Coast Guard Academy will
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1 be enhanced by the benefits that flow from a diverse

2 student body.

3 (b) NEW AUTHORITY.—Section 93 of title 14, United

4 States Code, is amended—

5 (1) in paragraph (t)(2) by striking ‘‘and’’ after

6 the semicolon;

7 (2) in paragraph (u) by striking the period and

8 inserting ‘‘; and’’; and

9 (3) by adding at the end the following:

10 ‘‘(v) for the purposes of rectifying

11 underrepresentation or underutilization of women

12 and minorities in the Coast Guard and meeting iden13 tified personnel resource requirements and training

14 needs—

15 ‘‘(1) conduct studies and analyses on Coast

16 Guard personnel resource and training needs;

17 and

18 ‘‘(2) employ special programs for recruiting

19 women and minorities, including, subject to ap20 propriations, provision of financial assistance by

21 grant, cooperative agreement, contract, or other22 wise, to public or private associations, organiza23 tions, or individuals to implement national or

24 local outreach programs.’’.
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1 SEC. 402. OFFICER RETENTION UNTIL RETIREMENT ELIGI2 BLE.

3 Section 283(b) of title 14, United States Code, is

4 amended—

5 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

6 (2) by striking the last sentence; and

7 (3) by adding at the end the following:

8 ‘‘(2) Upon the completion of a term under paragraph

9 (1), an officer shall, unless selected for further continu10 ation—

11 ‘‘(A) except as provided in subparagraph (B), be

12 honorably discharged with severance pay computed

13 under section 286 of this title;

14 ‘‘(B) in the case of an officer who has completed

15 at least 18 years of active service on the date of dis16 charge under subparagraph (A), be retained on active

17 duty and retired on the last day of the month in

18 which the officer completes 20 years of active service,

19 unless earlier removed under another provision of

20 law; or

21 ‘‘(C) if eligible for retirement under any law, be

22 retired.’’.
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1 SEC. 403. REPORT RECOMMENDING ACTIONS FOR THE PRO2 TECTION OF THE ENDANGERED NORTHERN

3 RIGHT WHALE.

4 Not later than 6 months after the date of the enactment

5 of this Act, the Secretary of Transportation, in consultation

6 with the Secretary of Commerce, shall submit a report to

7 the Committee on Merchant Marine and Fisheries of the

8 House of Representatives and the Committee on Commerce,

9 Science, and Transportation of the Senate recommending

10 actions to prevent mortalities of the northern right whale

11 from vessel collisions in the Great South Channel off Cape

12 Cod, Massachusetts. The report shall include—

13 (1) recommendations for actions that could be

14 undertaken by the Coast Guard and the International

15 Maritime Organization, including—

16 (A) the designation of 1 or more areas to be

17 avoided;

18 (B) the shifting of the traffic separation

19 scheme in the Great South Channel; or

20 (C) other measures the Secretary considers

21 appropriate; and

22 (2) if appropriate, a schedule for submitting

23 those recommendations to the International Maritime

24 Organization.
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1 SEC. 404. CONTINUING OBLIGATION TO PROVIDE DOCU2 MENTATION INFORMATION AT EXISTING LO3 CATIONS.

4 The Secretary of Transportation shall, until October

5 1, 1999, maintain an ability, at Coast Guard offices that

6 are located in the immediate vicinity of former regional ves7 sel documentation offices, to assist the public with informa8 tion on obtaining, altering, and renewing the documenta9 tion of a vessel and on vessel documentation laws and regu10 lations generally.

11 SEC. 405. PROHIBITION ON STATION CLOSURES AND VES12 SEL AND AIRCRAFT DECOMMISSIONINGS IN

13 FY 1995.

14 In fiscal year 1995, the Secretary of Transportation

15 may not close or consolidate any shore unit, including any

16 multimission small boat station, and may not decommis17 sion any vessel or aircraft, based in whole or in part on

18 the increased costs resulting from inclusion of the Coast

19 Guard in the military pay raise for fiscal year 1995 or

20 the cost-of-living allowance for members of the uniformed

21 services assigned to high cost areas in the continental

22 United States under the National Defense Authorization

23 Act for Fiscal Year 1995.
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1 SEC. 406. CONTINUATION OF THE COMMERCIAL FISHING

2 INDUSTRY VESSEL ADVISORY COMMITTEE.

3 Subsection (e)(1) of section 4508 of title 46, United

4 States Code, is amended by striking ‘‘September 30, 1994’’

5 and inserting ‘‘October 1, 1999’’.

6 SEC. 407. PROHIBITION ON DIVERSION OF DRUG INTERDIC7 TION FUNDS.

8 The Secretary of Transportation may not reduce the

9 level of Coast Guard drug interdiction below the level pro10 posed by the President in the Fiscal Year 1995 budget.

11 SEC. 408. PROHIBITION ON STATION CLOSURES.

12 (a) PROHIBITION.—The Secretary of Transportation

13 may not close or consolidate any multimission small boat

14 station in fiscal year 1995 until the Secretary has submit15 ted a list of proposed station closures to the Committee on

16 Merchant Marine and Fisheries of the House of Representa17 tives and to the Committee on Commerce, Science, and

18 Transportation of the Senate.

19 (b) DEADLINE FOR SUBMISSION.—The Secretary shall

20 submit such list at least 60 days prior to any such closure

21 or consolidation.

22 SEC. 409. RENEWAL OF THE NAVIGATION SAFETY ADVISORY

23 COUNCIL.

24 Section 5 of the Inland Navigational Rules Act of 1980

25 (33 U.S.C. 2073) is amended in subsection (d) by striking

26 ‘‘September 30, 1995’’ and inserting ‘‘September 30, 2000’’.
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1 SEC. 410. 47-FOOT MOTOR LIFEBOAT ACQUISITION PRO2 GRAM.

3 The Secretary of Transportation shall ensure that the

4 Coast Guard 47–foot Motor Lifeboat acquisition is accom5 plished in accordance with the laws and regulations appli6 cable to small business set asides.

7 SEC. 411. COAST GUARD RESERVE PEACETIME REQUIRE8 MENTS PLAN.

9 No later than February 1, 1995, the Secretary of

10 Transportation shall submit to the Committee on Merchant

11 Marine and Fisheries of the House of Representatives and

12 the Committee on Commerce, Science, and Transportation

13 of the Senate a plan to more fully utilize the Coast Guard

14 Selected Reserve to augment peacetime operations. As part

15 of the plan, the Secretary shall include—

16 (1) methods to deliver more cost-effective Coast

17 Guard services by supplementing active duty person18 nel with Coast Guard reservists while preserving the

19 current level of service to the public;

20 (2) methods to more fully integrate the Coast

21 Guard Reserve in peacetime Coast Guard programs,

22 including, but not limited to, search and rescue, ma23 rine safety, and marine environmental protection;

24 (3) the most effective command structure for the

25 Coast Guard Reserve; and
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1 (4) a specific estimate of the number of reservists

2 needed to augment peacetime Coast Guard missions

3 under the plan.

4 SEC. 412. TRANSFER OF COAST GUARD PROPERTY.

5 (a) CONVEYANCE REQUIREMENT.—The Secretary of

6 Transportation shall convey to the Ketchikan Indian Cor7 poration in Ketchikan, Alaska, without reimbursement and

8 by no later than 120 days after the date of enactment of

9 this Act, all right, title, and interest of the United States

10 in and to the property known as the ‘‘Former Marine Safe11 ty Detachment’’ as identified in Report of Excess Number

12 CG–689 (GSA Control Number 9–U–AK–0747) and de13 scribed in subsection (b), for use by the Ketchikan Indian

14 Corporation as a Native health clinic.

15 (b) PROPERTY DESCRIBED.—The property referred to

16 in subsection (a) is real property located in the city of

17 Ketchikan, Township 75 south, range 90 east, Copper River

18 Meridian, First Judicial District, State of Alaska, and

19 commencing at corner numbered 10, United States Survey

20 numbered 1079, the true point of beginning for this descrip21 tion: Thence north 24 degrees 04 minutes east, along the

22 10–11 line of said survey a distance of 89.76 feet to corner

23 numbered 1 of lot 5B; thence south 65 degrees 56 minutes

24 east a distance of 345.18 feet to corner numbered 2 of lot

25 5B; thence south 24 degrees 04 minutes west a distance of
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1 101.64 feet to corner numbered 3 of lot 5B; thence north

2 64 degrees 01 minute west a distance of 346.47 feet to corner

3 numbered 10 of said survey, to the true point of beginning,

4 consisting of 0.76 acres (more or less), and all improve5 ments located on that property, including buildings, struc6 tures, and equipment.

7 (c) REVERSIONARY INTEREST.—In addition to any

8 term or condition established pursuant to subsection (a),

9 any conveyance of property described in subsection (b) shall

10 be subject to the condition that all right, title, and interest

11 in and to the property so conveyed shall immediately revert

12 to the United States if the property, or any part thereof,

13 ceases to be used by the Ketchikan Indian Corporation as

14 a Native health clinic.

15 SEC. 413. REPORT ON COSTS OF VESSEL INSPECTIONS OUT16 SIDE UNITED STATES.

17 (a) REPORT REQUIREMENT.—Not later than January

18 1, 1995, the Secretary of Transportation shall submit to

19 the Committee on Merchant Marine and Fisheries of the

20 House of Representatives and the Committee on Commerce,

21 Science, and Transportation of the Senate a report describ22 ing in detail the costs incurred by the United States in fis23 cal year 1994 for the performance by Coast Guard personnel

24 of vessel inspections outside the 50 States and the District

25 of Columbia, including travel expenses, subsistence pay,
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1 compensation, and all other costs associated with those in2 spections.

3 (b) ITEMIZATION OF COSTS.—The report required by

4 subsection (a) shall include—

5 (1) a description and the costs of the various

6 types of activities in which Coast Guard inspectors

7 engaged outside the United States in fiscal year 1994

8 with respect to repair and construction of vessels in

9 foreign countries;

10 (2) the number and costs of inspections of vessels

11 documented in the United States that did not visit

12 ports in the United States in fiscal year 1994 (in13 cluding the number of such vessels inspected);

14 (3) the number and costs of inspections of mobile

15 offshore drilling units (as that term is defined in sec16 tion 2101 of title 46, United States Code) that are

17 documented in the United States and that did not op18 erate in waters of the United States in fiscal year

19 1994; and

20 (4) the number and cost of Coast Guard inspec21 tors permanently stationed in foreign countries.

22 SEC. 414. CONVEYANCE OF LIGHT STATION MONTAUK

23 POINT, NEW YORK.

24 (a) CONVEYANCE REQUIREMENT.—
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1 (1) REQUIREMENT.—The Secretary of Transpor2 tation shall convey to the Montauk Historical Asso3 ciation in Montauk, New York, by an appropriate

4 means of conveyance, all right, title, and interest of

5 the United States in and to property comprising

6 Light Station Montauk Point, located at Montauk,

7 New York.

8 (2) DETERMINATION OF PROPERTY.—The Sec9 retary may identify, describe, and determine the

10 property to be conveyed pursuant to this section.

11 (b) TERMS OF CONVEYANCE.—

12 (1) IN GENERAL.—A conveyance of property

13 pursuant to this section shall be made—

14 (A) without the payment of consideration;

15 and

16 (B) subject to the conditions required by

17 paragraphs (3) and (4) and such other terms

18 and conditions as the Secretary may consider

19 appropriate.

20 (2) REVERSIONARY INTEREST.—In addition to

21 any term or condition established pursuant to para22 graph (1), any conveyance of property comprising the

23 Montauk Light Station pursuant to subsection (a)

24 shall be subject to the condition that all right, title,

25 and interest in and to the property so conveyed shall
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1 immediately revert to the United States if the prop2 erty, or any part thereof—

3 (A) ceases to be maintained as a nonprofit

4 center for public benefit for the interpretation

5 and preservation of the material culture of the

6 United States Coast Guard, the maritime history

7 of Montauk, New York, and Native American

8 and colonial history;

9 (B) ceases to be maintained in a manner

10 that ensures its present or future use as a Coast

11 Guard aid to navigation; or

12 (C) ceases to be maintained in a manner

13 consistent with the provisions of the National

14 Historic Preservation Act (16 U.S.C. 470 et

15 seq.).

16 (3) MAINTENANCE OF NAVIGATION AND FUNC17 TIONS.—Any conveyance of property pursuant to this

18 section shall be subject to such conditions as the Sec19 retary considers to be necessary to assure that—

20 (A) the light, antennas, sound signal, and

21 associated lighthouse equipment located on the

22 property conveyed, which are active aids to navi23 gation, shall continue to be operated and main24 tained by the United States for as long as they

25 are needed for this purpose;
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1 (B) the Montauk Historical Association

2 may not interfere or allow interference in any

3 manner with such aids to navigation without ex4 press written permission from the United States;

5 (C) there is reserved to the United States

6 the right to replace, or add any aids to naviga7 tion, or make any changes to the Montauk Light8 house as may be necessary for navigation pur9 poses;

10 (D) the United States shall have the right,

11 at any time, to enter the property conveyed with12 out notice for the purpose of maintaining navi13 gation aids;

14 (E) the United States shall have an ease15 ment of access to such property for the purpose

16 of maintaining the navigational aids in use on

17 the property; and

18 (F) the Montauk Light Station shall revert

19 to the United States at the end of the 30-day pe20 riod beginning on any date on which the Sec21 retary of Transportation provides written notice

22 to the Montauk Historical Association that the

23 Montauk Light Station is needed for national se24 curity purposes.
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1 (4) MAINTENANCE OF LIGHT STATION.—Any

2 conveyance of property under this section shall be

3 subject to the condition that the Montauk Historical

4 Association shall maintain the Montauk Light Sta5 tion in accordance with the provisions of the National

6 Historic Preservation Act (16 U.S.C. 470 et seq.) and

7 other applicable laws.

8 (5) LIMITATION ON OBLIGATIONS OF MONTAUK

9 HISTORICAL ASSOCIATION.—The Montauk Historical

10 Association shall not have any obligation to maintain

11 any active aid to navigation equipment on property

12 conveyed pursuant to this section.

13 (c) For purposes of this section—

14 (1) The term ‘‘Montauk Light Station’’ means

15 the Coast Guard light station known as Light Station

16 Montauk Point, located at Montauk, New York, in17 cluding the keeper’s dwellings, adjacent Coast Guard

18 rights of way, the World War II submarine spotting

19 tower, the lighthouse tower, and the paint locker; and

20 (2) the term ‘‘Montauk Lighthouse’’ means the

21 Coast Guard lighthouse located at the Montauk Light

22 Station.

23 SEC. 415. CAPE ANN LIGHTHOUSE.

24 (a) AUTHORITY TO CONVEY.—
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1 (1) IN GENERAL.—The Secretary of Transpor2 tation shall convey to the town of Rockport, Massa3 chusetts, by an appropriate means of conveyance, all

4 right, title, and interest of the United States in and

5 to the property comprising the Cape Ann Lighthouse,

6 located on Thachers Island, Massachusetts.

7 (2) IDENTIFICATION OF PROPERTY.—The Sec8 retary may identify, describe, and determine the

9 property to be conveyed pursuant to this subsection.

10 (b) TERMS OF CONVEYANCE.—

11 (1) IN GENERAL.—The conveyance of property

12 pursuant to this section shall be made—

13 (A) without payment of consideration; and

14 (B) subject to the conditions required by

15 paragraphs (3) and (4) and other terms and

16 conditions the Secretary may consider appro17 priate.

18 (2) REVERSIONARY INTEREST.—In addition to

19 any term or condition established pursuant to para20 graph (1), the conveyance of property pursuant to

21 this section shall be subject to the condition that all

22 right, title, and interest in the Cape Ann Lighthouse

23 shall immediately revert to the United States if the

24 Cape Ann Lighthouse, or any part of the property—
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1 (A) ceases to be used as a nonprofit center

2 for the interpretation and preservation of mari3 time history;

4 (B) ceases to be maintained in a manner

5 that ensures its present or future use as a Coast

6 Guard aid to navigation; or

7 (C) ceases to be maintained in a manner

8 consistent with the provisions of the National

9 Historic Preservation Act of 1966 (16 U.S.C.

10 470 et seq.).

11 (3) MAINTENANCE AND NAVIGATION FUNC12 TIONS.—The conveyance of property pursuant to this

13 section shall be made subject to the conditions that the

14 Secretary considers to be necessary to assure that—

15 (A) the lights, antennas, and associated

16 equipment located on the property conveyed,

17 which are active aids to navigation, shall con18 tinue to be operated and maintained by the

19 United States;

20 (B) the town of Rockport may not interfere

21 or allow interference in any manner with aids to

22 navigation without express written permission

23 from the Secretary of Transportation;

24 (C) there is reserved to the United States

25 the right to relocate, replace, or add any aid to
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1 navigation or make any changes to the Cape

2 Ann Lighthouse as may be necessary for naviga3 tional purposes;

4 (D) the United States shall have the right,

5 at any time, to enter the property without notice

6 for the purpose of maintaining aids to naviga7 tion; and

8 (E) the United States shall have an ease9 ment of access to the property for the purpose of

10 maintaining the aids to navigation in use on the

11 property.

12 (4) OBLIGATION LIMITATION.—The town of Rock13 port is not required to maintain any active aid to

14 navigation equipment on property conveyed pursuant

15 to this section.

16 (5) PROPERTY TO BE MAINTAINED IN ACCORD17 ANCE WITH CERTAIN LAWS.—The town of Rockport

18 shall maintain the Cape Ann Lighthouse in accord19 ance with the National Historic Preservation Act of

20 1966 (16 U.S.C. 470 et seq.), and other applicable

21 laws.

22 (c) DEFINITIONS.—For purposes of this section, the

23 term ‘‘Cape Ann Lighthouse’’ means the Coast Guard prop24 erty located on Thachers Island, Massachusetts, except any
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1 historical artifact, including any lens or lantern, located

2 on the property at or before the time of the conveyance.

3 SEC. 416. TRANSFER OF OCRACOKE LIGHT STATION TO SEC4 RETARY OF THE INTERIOR.

5 The Secretary of Transportation shall transfer admin6 istrative jurisdiction over the Federal property, consisting

7 of approximately 2 acres, known as the Ocracoke Light Sta8 tion, to the Secretary of the Interior, subject to such reserva9 tions, terms, and conditions as may be necessary for Coast

10 Guard purposes. All property so transferred shall be in11 cluded in and administered as part of the Cape Hatteras

12 National Seashore.

13 SEC. 417. PROHIBITION ON OVERHAUL, REPAIR, AND MAIN14 TENANCE OF COAST GUARD VESSELS IN FOR15 EIGN SHIPYARDS.

16 (a) PROHIBITION.—Chapter 5 of title 14, United

17 States Code, is amended by adding at the end the following:

18 ‘‘§ 96. Prohibition on overhaul, repair, and mainte19 nance of Coast Guard vessels in foreign

20 shipyards

21 ‘‘A Coast Guard vessel may not be overhauled, re22 paired, or maintained in any shipyard located outside the

23 United States, except that this section does not apply to

24 emergency repairs.’’.
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1 (b) CLERICAL AMENDMENT.—Title 14, United States

2 Code, is amended in the analysis at the beginning of chap3 ter 5 by adding at the end the following:

‘‘96. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in

foreign shipyards.’’.

4 SEC. 418. STUDY OF IMPLICATIONS FOR VESSEL SAFETY IN

5 NAVIGABLE WATERS NEAR HOUSTON, TEXAS,

6 OF TRADE AGREEMENTS.

7 (a) STUDY.—Not later than July 1, 1996, the Sec8 retary of Transportation, acting through the Coast Guard

9 office in Houston, Texas, and subject to the availability of

10 appropriations, shall conduct a study of the implications

11 for vessel safety in the navigable waters near Houston,

12 Texas, of increased shipping traffic resulting from—

13 (1) the North American Free Trade Agreement

14 Implementation Act; and

15 (2) legislation necessary to implement the Uru16 guay Round of the General Agreement on Tariffs and

17 Trade.

18 (b) CONTENT.—The study under subsection (a) shall

19 include—

20 (1) examination of implications for vessel safety

21 in the Port of Houston and the Houston ship channel;

22 and

23 (2) development of recommendations for—
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1 (A) responding to vessel accidents in those

2 waterways,

3 (B) removal of vessels damaged in those ac4 cidents, and

5 (C) ways to improve the overall safety of the

6 Port of Houston and the Houston ship channel,

7 including recommendations of restrictions on

8 vessel movements within that Port or channel if

9 necessary to ensure safety.

10 (c) REPORT.—Not later than July 1, 1996, the Sec11 retary of Transportation shall submit to the Congress a re12 port on the findings and recommendations developed by the

13 study under subsection (a).

14 (d) AUTHORIZATION OF APPROPRIATIONS.—For car15 rying out the study and preparing the report required by

16 this section, there are authorized to be appropriated to the

17 Secretary of Transportation $300,000 for fiscal year 1995

18 and such sums as may be necessary for fiscal year 1996.

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