I

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Coast Guard Author5 ization Act of 1994’’.

6 TITLE I—AUTHORIZATIONS

7 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

8 Funds are authorized to be appropriated for nec9 essary expenses of the Coast Guard for fiscal year 1995,

10 as follows:
2

•HR 4422 IH

1 (1) For the operation and maintenance of the

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

3 shall be derived from the Oil Spill Liability Trust

4 Fund.

5 (2) For the acquisition, construction, rebuild6 ing, and improvement of aids to navigation, shore

7 and offshore facilities, vessels, and aircraft, includ8 ing equipment related thereto, $439,200,000, to re9 main available until expended, of which $32,500,000

10 shall be derived from the Oil Spill Liability Trust

11 Fund to carry out the purposes of section

12 1012(a)(5) of the Oil Pollution Act of 1990.

13 (3) For research, development, test, and evalua14 tion of technologies, materials, and human factors

15 directly relating to improving the performance of the

16 Coast Guard’s mission in support of search and res17 cue, aids to navigation, marine safety, marine envi18 ronmental protection, enforcement of laws and trea19 ties, ice operations, oceanographic research, and de20 fense readiness, $20,310,000, to remain available

21 until expended, of which $3,150,000 shall be derived

22 from the Oil Spill Liability Trust Fund.

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

24 obligations otherwise chargeable to lapsed appropria25 tions for this purpose), payments under the Retired
3

•HR 4422 IH

1 Serviceman’s Family Protection and Survivor Bene2 fit Plans, and payments for medical care of retired

3 personnel and their dependents under chapter 55 of

4 title 10, United States Code, $562,585,000.

5 (5) For alteration or removal of bridges over

6 navigable waters of the United States constituting

7 obstructions to navigation, and for personnel and

8 administrative costs associated with the Bridge Al9 teration Program, $13,000,000, to remain available

10 until expended.

11 (6) For environmental compliance and restora12 tion at Coast Guard facilities, $25,000,000, to re13 main available until expended.

14 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

15 AND TRAINING.

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

17 authorized an end-of-year strength for active duty person18 nel of 39,000 as of September 30, 1995. The authorized

19 strength does not include members of the Ready Reserve

20 called to active duty for special or emergency augmenta21 tion of regular Coast Guard forces for periods of 180 days

22 or less.

23 (b) MILITARY TRAINING STUDENT LOADS.—For fis24 cal year 1995, the Coast Guard is authorized average mili25 tary training student loads as follows:
4

•HR 4422 IH

1 (1) For recruit and special training, 2,000 stu2 dent years.

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

4 (3) For professional training in military and ci5 vilian institutions, 344 student years.

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

7 SEC. 103. DRUG INTERDICTION ACTIVITIES.

8 In addition to amounts otherwise authorized by this

9 Act, there are authorized to be appropriated to the Sec10 retary of Transportation for operation and maintenance

11 expenses of Coast Guard drug interdiction activities

12 $11,544,000 for fiscal year 1995.

13 TITLE II—PERSONNEL

14 MANAGEMENT IMPROVEMENT

15 SEC. 201. HURRICANE ANDREW RELIEF.

16 Section 2856 of the National Defense Authorization

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

18 to the military personnel of the Coast Guard who were

19 assigned to, or employed at or in connection with, any

20 Federal facility or installation in the vicinity of Homestead

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

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

23 24, 1992, except that—

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

25 exceed a total of $25,000, shall be used; and
5

•HR 4422 IH

1 (2) the Secretary of Transportation shall ad2 minister that section with respect to such personnel.

3 SEC. 202. DISSEMINATION OF RESULTS OF 0–6 CONTINU4 ATION BOARDS.

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

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

7 names of the officers selected for continuation on active

8 duty by the board shall be promptly disseminated to the

9 service at large.’’.

10 SEC. 203. EXCLUDE CERTAIN RESERVES FROM END-OF11 YEAR STRENGTH.

12 Section 712 of title 14, United States Code, is

13 amended by adding at the end the following:

14 ‘‘(d) Reserve members ordered to active duty under

15 this section shall not be counted in computing authorized

16 strength of members on active duty or members in grade

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

18 SEC. 204. MARINE CASUALTY INVESTIGATIONS.

19 (a) INFORMAL MARINE CASUALTY INVESTIGA20 TIONS.—Title 46, United States Code, is amended by in21 serting after section 6301 the following new section:

22 ‘‘§ 6301a. Informal marine casualty investigations

23 ‘‘(a) The Secretary may conduct informal investiga24 tions of marine casualties.
6

•HR 4422 IH

1 ‘‘(b) Notwithstanding sections 6302 and 6303 of this

2 title, the Secretary is not required to hold an informal in3 vestigation open to the public.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections

5 at the beginning of chapter 63 of title 46, United States

6 Code, is amended by inserting after the item related to

7 section 6301 the following:

‘‘6301a. Informal marine casualty investigations.’’.

8 SEC. 205. PROVISION OF CHILD DEVELOPMENT SERVICES.

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

10 amended by inserting after section 514 the following new

11 section:

12 ‘‘§ 515. Child development services

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

14 services available for members and civilian employees of

15 the Coast Guard, and thereafter as space is available for

16 members of the Armed Forces and Federal civilian em17 ployees. Child development services benefits provided

18 under this section shall be in addition to benefits provided

19 under other laws.

20 ‘‘(b)(1) Except as provided in paragraph (2), the

21 Commandant may require that amounts received as fees

22 for the provision of child development services under this

23 section at Coast Guard child development centers be used

24 only for compensation of Coast Guard child development
7

•HR 4422 IH

1 center employees who are directly involved in providing

2 child care.

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

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

5 uneconomical and inefficient use of amounts received as

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

7 compliance would be uneconomical and inefficient) use

8 such amounts—

9 ‘‘(A) for the purchase of consumable or dispos10 able items for Coast Guard child development cen11 ters; and

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

13 consumable or disposable items for a given fiscal

14 year have been met, for other expenses of those cen15 ters.

16 ‘‘(c) The Commandant may use Department of De17 fense or other training programs to insure that all child

18 development services providers under this section meet

19 minimum standards.

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

21 members and civilian employees of the Coast Guard for

22 obtaining services of qualified family home child develop23 ment services providers. The cost per child to the Coast

24 Guard of obtaining those services may not exceed the aver25 age of the cost per child incurred by the Coast Guard for
8

•HR 4422 IH

1 child development services provided at all Coast Guard

2 child development centers.

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

4 each fiscal year for operating expenses (and in addition

5 to amounts received as fees), the Secretary shall use for

6 child development services under this section an amount

7 equal to the total amount the Commandant estimates will

8 be received by the Coast Guard in the fiscal year as fees

9 for the provision of those services.

10 ‘‘(2) The amount of funds used under paragraph (1)

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

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

13 Guard child development center’ does not include a child

14 care services facility for which space is allotted under sec15 tion 616 of the Act of December 22, 1987 (40 U.S.C.

16 490b).

17 ‘‘(g) The Secretary shall promulgate regulations to

18 implement this section. The regulations shall establish fees

19 to be charged for child development services provided

20 under this section which are based on total family in21 come.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of chapter 13 of title 14, United States

24 Code, is amended by inserting after the item related to

25 section 514 the following:

‘‘515. Child development services.’’.
9

•HR 4422 IH

1 TITLE III—NAVIGATION SAFETY

2 AND WATERWAY SERVICES

3 MANAGEMENT

4 SEC. 301. FOREIGN PASSENGER VESSEL USER FEES.

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

6 amended—

7 (1) in subsection (a) by striking ‘‘(a) Except

8 as’’ and inserting ‘‘Except as’’; and

9 (2) by striking subsection (b).

10 SEC. 302. DOCUMENTATION VIOLATIONS.

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

12 United States Code, is amended by striking ‘‘$500’’ and

13 inserting ‘‘$25,000’’.

14 (b) SEIZURE AND FORFEITURE.—

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

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

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

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

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

20 or agent of the owner knowingly falsifies or conceals

21 a material fact, or makes a false statement or rep22 resentation about the documentation or in applying

23 for documentation of the vessel;

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

25 and fraudulently used for the vessel;
10

•HR 4422 IH

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

2 has been denied or revoked under section 12123 of

3 this title;

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

5 an appropriate trade endorsement; or

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

7 only a recreational endorsement, the vessel is oper8 ated other than for pleasure.’’.

9 (2) CONFORMING AMENDMENT.—Section

10 12122(c) of title 46, United States Code, is re11 pealed.

12 (c) LIMITATION ON OPERATION OF VESSEL WITH

13 ONLY RECREATIONAL ENDORSEMENT.—Section 12110(c)

14 of title 46, United States Code, is repealed.

15 (d) TERMINATION OF RESTRICTION ON COMMAND OF

16 RECREATIONAL VESSELS.—

17 (1) TERMINATION OF RESTRICTION.—Sub18 section (d) of section 12110 of title 46, United

19 States Code, is amended—

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

21 only a recreational endorsement,’’ after ‘‘A doc22 umented vessel’’; and

23 (B) by redesignating that subsection as

24 subsection (c).
11

•HR 4422 IH

1 (2) CONFORMING AMENDMENT.—Section

2 12111(a)(2) of title 46, United States Code, is

3 amended by inserting before the period the follow4 ing: ‘‘in violation of section 12110(c) of this title’’.

5 SEC. 303. CLERICAL AMENDMENT.

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

7 amended—

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

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

10 the chapter by striking the first item relating to sec11 tion 12123.

12 SEC. 304. BATON ROUGE RESCUE AND PATROL VESSEL.

13 Beginning not later than 60 days after the date of

14 the enactment of this Act, the Commandant of the Coast

15 Guard shall operate a rescue and patrol vessel on the Mis16 sissippi River in the vicinity of Baton Rouge, Louisiana,

17 to support Coast Guard rescue, law enforcement, marine

18 safety, marine environmental protection, and port security

19 missions.

20 SEC. 305. FLORIDA AVENUE BRIDGE.

21 For purposes of the alteration of the Florida Avenue

22 Bridge (located approximately 1.63 miles east of the Mis23 sissippi River on the Gulf Intracoastal Waterway in Orle24 ans Parish, Louisiana) ordered by the Secretary of Trans25 portation under the Act of June 21, 1940 (33 U.S.C. 511
12

•HR 4422 IH

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

2 Secretary shall treat the drainage siphon that is adjacent

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

4 with respect to apportionment and payment of costs for

5 the removal of the drainage siphon in accordance with that

6 Act.

7 SEC. 306. RENEWAL OF HOUSTON-GALVESTON NAVIGATION

8 SAFETY ADVISORY COMMITTEE AND LOWER

9 MISSISSIPPI RIVER WATERWAY ADVISORY

10 COMMITTEE.

11 The Coast Guard Authorization Act of 1991 (Public

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

13 (1) in section 18 by adding at the end the fol14 lowing:

15 ‘‘(h) The Committee shall terminate on October 1,

16 1999.’’; and

17 (2) in section 19 by adding at the end the fol18 lowing:

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

20 1999.’’.

21 SEC. 307. LIMITATION ON CONSOLIDATION OF HOUSTON

22 AND GALVESTON MARINE SAFETY OFFICES.

23 The Secretary of Transportation may not consolidate

24 the Coast Guard Marine Safety Offices in Galveston,

25 Texas, and Houston, Texas.
13

•HR 4422 IH

1 SEC. 308. RESPONSE EXERCISE PROGRAM AT MASSACHU2 SETTS MARITIME ACADEMY.

3 (a) TRANSFER.—Within 30 days after the date of en4 actment of this Act, the Coast Guard shall transfer to the

5 Massachusetts Maritime Academy $500,000 to continue

6 the oil spill simulator activities at the Academy.

7 (b) DESIGNATION OF CENTER AS REGIONAL FACIL8 ITY.—The Coast Guard shall designate the Center for Ma9 rine Environmental Protection and Safety at the Massa10 chusetts Maritime Academy as a regional facility for the

11 conduct and evaluation of annual response area manage12 ment team exercises for two response areas in the East

13 Coast in accordance with the Preparedness for Response

14 Exercise Program established by the Coast Guard.

Æ