Calendar No. 325

103D CONGRESS

1ST SESSION S. 1052

[Report No. 103–198]

A BILL

To authorize appropriations for fiscal years 1994

N

purposes.and 1995 for the Coast Guard, and for other

OVEMBER 20 (legislative day, NOVEMBER 2), 1993

Reported with an amendment
II

Calendar No. 325

103D CONGRESS

1ST SESSION S. 1052

[Report No. 103–198]

To authorize appropriations for fiscal years 1994 and 1995 for the Coast

Guard, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 27 (legislative day, APRIL 19), 1993

Mr. HOLLINGS (for himself, Mr. STEVENS, and Mr. KERRY) introduced the

following bill; which was read twice and referred to the Committee on

Commerce, Science, and Transportation

NOVEMBER 20 (legislative day, NOVEMBER 2), 1993

Reported by Mr. HOLLINGS, with an amendment

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

A BILL

To authorize appropriations for fiscal years 1994 and 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 1993’’.
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1 TITLE I—AUTHORIZATIONS

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

3 (a) FISCAL YEAR 1994.—Funds are authorized to be

4 appropriated for necessary expenses of the Coast Guard

5 for fiscal year 1994, as follows:

6 (1) For the operation and maintenance of the

7 Coast Guard, $2,609,747,000, of which—

8 (A) $25,000,000 shall be derived from the

9 Oil Spill Liability Trust Fund; and

10 (B) $32,250,000 shall be expended from

11 the Boat Safety Account.

12 (2) For the acquisition, construction, rebuild13 ing, and improvement of aids to navigation, shore

14 and offshore facilities, vessels, and aircraft, includ15 ing equipment related thereto, $414,000,000, to re16 main available until expended, of which $20,000,000

17 shall be derived from the Oil Spill Liability Trust

18 Fund.

19 (3) For research, development, test, and evalua20 tion, $25,000,000, to remain available until ex21 pended, of which $4,457,000 shall be derived from

22 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
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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, $548,774,000, to re5 main available until expended.

6 (5) For alteration or removal of bridges over

7 navigable waters of the United States constituting

8 obstructions to navigation, and for personnel and

9 administrative costs associated with the Bridge Al10 teration Program, $12,940,000, to remain available

11 until expended.

12 (6) For environmental compliance and restora13 tion at Coast Guard facilities, $23,057,000, to re14 main available until expended.

15 (b) FISCAL YEAR 1995.—Funds are authorized to be

16 appropriated for necessary expenses of the Coast Guard

17 for fiscal year 1995, as follows:

18 (1) For the operation and maintenance of the

19 Coast Guard, $2,711,762,000, of which—

20 (A) $26,000,000 shall be derived from the

21 Oil Spill Liability Trust Fund; and

22 (B) $33,500,000 shall be expended from

23 the Boat Safety Account.

24 (2) For the acquisition, construction, rebuild25 ing, and improvement of aids to navigation, shore
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1 and offshore facilities, vessels, and aircraft, includ2 ing equipment related thereto, $596,000,000, to re3 main available until expended, of which $20,500,000

4 shall be derived from the Oil Spill Liability Trust

5 Fund.

6 (3) For research, development, test, and evalua7 tion, $25,750,000, to remain available until ex8 pended, of which $4,600,000 shall be derived from

9 the Oil Spill Liability Trust Fund.

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

11 obligations otherwise chargeable to lapsed appropria12 tions for this purpose), payments under the Retired

13 Serviceman’s Family Protection and Survivor Bene14 fit Plans, and payments for medical care of retired

15 personnel and their dependents under chapter 55 of

16 title 10, United States Code, $579,500,000, to re17 main available until expended.

18 (5) For alteration or removal of bridges over

19 navigable waters of the United States constituting

20 obstructions to navigation, and for personnel and

21 administrative costs associated with the Bridge Al22 teration Program, $13,289,000 to remain available

23 until expended.
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1 (6) For environmental compliance and restora2 tion at Coast Guard Facilities, $23,749,000, to re3 main available until expended.

4 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

5 AND MILITARY TRAINING.

6 (a) AUTHORIZED MILITARY STRENGTH LEVEL.—

7 The Coast Guard is authorized an end-of-year strength for

8 active duty personnel of 39,138 as of September 30, 1994

9 (of which not more than 6,400 shall be commissioned offi10 cers), and 39,138 as of September 30, 1995 (of which not

11 more than 6,400 shall be commissioned officers). The au12 thorized strength does not include members of the Ready

13 Reserve called to active duty for special or emergency aug14 mentation of regular Coast Guard forces for periods of

15 one hundred and eighty days or less.

16 (b) AUTHORIZED LEVEL OF MILITARY TRAINING.—

17 The Coast Guard is authorized average military training

18 student loads as follows:

19 (1) For recruit and special training, one thou20 sand nine hundred and eighty-six student years for

21 fiscal year 1994 and one thousand nine hundred and

22 eighty-six student years for fiscal year 1995.

23 (2) For flight training, one hundred and four24 teen student years for fiscal year 1994 and one hun25 dred and fourteen student years for fiscal year 1995.
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1 (3) For professional training in military and ci2 vilian institutions, three hundred and thirty-eight

3 student years for fiscal year 1994 and three hundred

4 and thirty-eight student years for fiscal year 1995.

5 (4) For officer acquisition, nine hundred and

6 fifty-five student years for fiscal year 1994 and nine

7 hundred and fifty-five student years for fiscal year

8 1995.

9 TITLE II—PERSONNEL MANAGEMENT

10 IMPROVEMENT

11 SEC. 201. ELIMINATION OF PERMANENT CEILING ON NUM12 BER OF COMMISSIONED OFFICERS.

13 (a) ELIMINATION OF CEILING.—Section 42 of title

14 14, United States Code, is amended by striking subsection

15 (a), and by redesignating subsections (b) through (e) as

16 subsections (a) through (d), respectively.

17 (b) CONFORMING AMENDMENTS.—(1) Section 42(d)

18 of title 14, United States Code, as redesignated by sub19 section (a) of this section, is amended by striking ‘‘sub20 section (c)’’ and inserting in lieu thereof ‘‘subsection (b)’’.

21 (2) The section heading for section 42 of title 14,

22 United States Code, is amended by striking ‘‘Number

23 and distribution’’ and inserting in lieu thereof ‘‘Dis24 tribution’’.
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1 (3) In the analysis for chapter 3 of title 14, United

2 States Code, the item relating to section 42 is amended

3 by striking ‘‘Number and distribution’’ and inserting in

4 lieu thereof ‘‘Distribution’’.

5 SEC. 202. INCREASED GRADE FOR CHIEF OF STAFF.

6 (a) AUTHORITY FOR GRADE OF VICE ADMIRAL.—(1)

7 Chapter 3 of title 14, United States Code, is amended by

8 inserting immediately after section 50 the following new

9 section:

10 ‘‘§ 50a. Chief of Staff

11 ‘‘(a) The President may appoint, by and with the ad12 vice and consent of the Senate, a Chief of Staff of the

13 Coast Guard who shall rank next after the area command14 ers and who shall perform such duties as the Commandant

15 may prescribe. The Chief of Staff shall be appointed from

16 the officers on the active duty promotion list serving above

17 the grade of captain. The Commandant shall make rec18 ommendations for such appointment.

19 ‘‘(b) The Chief of Staff shall, while so serving, have

20 the grade of vice admiral with the pay and allowances of

21 that grade. The appointment and grade of the Chief of

22 Staff shall be effective on the date the officer assumes that

23 duty, and shall terminate on the date the officer is de24 tached from that duty, except as provided in section 51(d)

25 of this title.’’.
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1 (2) The analysis for chapter 3 of title 14, United

2 States Code, is amended by inserting immediately after

3 the item relating to section 50 the following new item:

‘‘50a. Chief of Staff.’’.

4 (b) ELIMINATION OF UNNECESSARY SENIORITY EX5 CEPTION.—Section 41a(b) of title 14, United States Code,

6 is amended by striking ‘‘, except that the rear admiral

7 serving as Chief of Staff shall be the senior rear admiral

8 for all purposes other than pay’’.

9 (c) CLERICAL AMENDMENTS.—Section 41a of title

10 14, United States Code, is amended—

11 (1) in subsection (c), by striking ‘‘his’’ and in12 serting in lieu thereof ‘‘that person’s’’; and

13 (2) in subsection (d), by striking ‘‘he’’ and in14 serting in lieu thereof ‘‘that officer’’, and by striking

15 ‘‘his’’ and inserting in lieu thereof ‘‘that officer’s’’.

16 SEC. 203. CONTINUITY OF GRADE OF ADMIRALS AND VICE

17 ADMIRALS.

18 (a) RETIREMENT.—(1) Section 51 of title 14, United

19 States Code, is amended by adding at the end the follow20 ing new subsection:

21 ‘‘(d) An officer serving in the grade of admiral or vice

22 admiral shall continue to hold that grade—

23 ‘‘(1) while being processed for physical disabil24 ity retirement, beginning on the day of the process-
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1 ing and ending on the day that officer is retired, but

2 not for more than one hundred and eighty days; and

3 ‘‘(2) while awaiting retirement, beginning on

4 the day that officer is relieved from the position of

5 Commandant, Vice Commandant, Area Commander,

6 or Chief of Staff and ending on the day before the

7 officer’s retirement, but not for more than sixty

8 days.’’.

9 (2) Section 51 of title 14, United States Code, is fur10 ther amended—

11 (1) in subsections (a) and (b), by striking ‘‘as

12 Commander, Atlantic Area, or Commander, Pacific

13 Area’’ each place it appears and inserting in lieu

14 thereof ‘‘in the grade of vice admiral’’; and

15 (2) in subsection (c), by striking ‘‘his’’ and in16 serting in lieu thereof ‘‘that officer’s’’.

17 (b) ELIMINATION OF UNNECESSARY PROVISION FOR

18 CHIEF OF STAFF.—Section 290 of title 14, United States

19 Code, is amended—

20 (1) in subsection (a), by striking ‘‘or in the po21 sition of Chief of Staff ’’ in the second sentence; and

22 (2) in subsection (f), by striking ‘‘Chief of Staff

23 or’’ each place it appears.

24 (c) CONFORMING AMENDMENT RELATING TO RE25 TIREMENT OF COMMANDANT.—Section 46(a) of title 14,
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1 United States Code, is amended by striking ‘‘shall, at the

2 expiration of his term, be retired with the grade of admi3 ral.’’ and inserting in lieu thereof ‘‘shall be retired with

4 the grade of admiral at the expiration of the appointed

5 term, except as provided in section 51(d) of this title.’’.

6 (d) CONFORMING AMENDMENTS RELATING TO RE7 TIREMENT OF VICE COMMANDANT.—(1) Section 47 of

8 title 14, United States Code, is amended—

9 (A) by striking subsections (b), (c), and (d);

10 and

11 (B) in subsection (a)—

12 (i) by striking ‘‘(a)’’ at the beginning; and

13 (ii) by striking the last sentence and in14 serting in lieu thereof ‘‘The appointment and

15 grade of a Vice Commandant shall be effective

16 on the date the officer assumes that duty, and

17 shall terminate on the date the officer is de18 tached from that duty, except as provided in

19 section 51(d) of this title.’’.

20 (2) The section heading for section 47 of title 47,

21 United States Code, is amended by striking ‘‘; retire22 ment’’.

23 (3) The item relating to section 47 in the analysis

24 for chapter 3 of title 14, United States Code, is amended

25 by striking ‘‘; retirement’’.
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1 (e) CONFORMING AMENDMENTS RELATING TO AREA

2 COMMANDERS.—Section 50 of title 14, United States

3 Code, is amended—

4 (1) in subsection (a) by striking ‘‘his’’ and in5 serting in lieu thereof ‘‘that area commander’s’’; and

6 (2) in subsection (b) by striking the last sen7 tence and inserting in lieu thereof ‘‘The appointment

8 and grade of an area commander shall be effective

9 on the date the officer assumes that duty, and shall

10 terminate on the date the officer is detached from

11 that duty, except as provided in section 51(d) of this

12 title.’’.

13 SEC. 204. VOLUNTEER SERVICES.

14 Section 93 of title 14, United States Code, is amend15 ed—

16 (1) by striking ‘‘and’’ at the end of subsection

17 (r);

18 (2) by striking the period at the end of sub19 section (s) and inserting in lieu thereof ‘‘; and’’; and

20 (3) by adding at the end the following new sub21 section:

22 ‘‘(t) enter into cooperative agreements with

23 States, local governments, nongovernmental organi24 zations, and individuals, and accept and utilize vol25 untary services, notwithstanding section 1342 of
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1 title 31, United States Code, to provide for the

2 maintenance and improvement of natural and his3 toric resources on, or to benefit natural and historic

4 research on, Coast Guard facilities, subject to the re5 quirement that—

6 ‘‘(1) a person providing voluntary services

7 under this subsection shall not be considered a

8 Federal employee except for purposes of chap9 ter 81 of title 5, United States Code, with re10 spect to compensation for work-related injuries,

11 and chapter 171 of title 28, United States

12 Code, with respect to tort claims; and

13 ‘‘(2) a cooperative agreement under this

14 subsection shall provide for the Commandant

15 and the other party or parties to the agreement

16 to—

17 ‘‘(A) contribute funds on a matching

18 basis to defray the cost of programs,

19 projects, and activities under the agree20 ment; or

21 ‘‘(B) furnish services on a matching

22 basis to carry out such programs, projects,

23 and activities; or

24 ‘‘(C) both contribute funds as de25 scribed in subparagraph (A) and furnish
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1 services as described in subparagraph

2 (B).’’.

3 SEC. 205. RESERVE RETENTION BOARDS.

4 Section 741(a) of title 14, United States Code, is

5 amended by striking ‘‘and are not on active duty and not

6 on an approved list of selectees for promotion to the next

7 higher grade’’ and inserting in lieu thereof ‘‘except those

8 officers who are on extended active duty, are on a list of

9 selectees for promotion, will complete 30 years’ total com10 missioned service by 30 June next following the date on

11 which the retention board is convened, or have reached

12 age 59 by the date on which the retention board is con13 vened’’.

14 TITLE III—NAVIGATION SAFETY AND

15 WATERWAY SERVICE MANAGEMENT

16 SEC. 301. NORTH ATLANTIC ROUTES.

17 Sections 3 and 5 of the Act of June 25, 1936 (46

18 U.S.C. App. 738b and 738d), are repealed.

19 SEC. 302. TECHNICAL AMENDMENT FOR BOAT SAFETY AC20 COUNT.

21 Section 9503(c)(4)(A)(ii) of the Internal Revenue

22 Code of 1986 (26 U.S.C. 9503(c)(4)(A)(ii)) is amended—

23 (1) by striking ‘‘No’’ at the beginning of

24 subclause (II) and inserting in lieu thereof ‘‘Subject

25 to subclause (III), no’’; and
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1 (2) by adding at the end the following new

2 subclause:

3 ‘‘(III) CALCULATION OF AMOUNT

4 IN ACCOUNT.—Amounts previously

5 appropriated from the Aquatic Re6 sources Trust Fund for carrying out

7 the purposes of section 13106 of title

8 46, United States Code, but not dis9 tributed, shall not be included when

10 calculating whether the Boat Safety

11 Account exceeds the limit established

12 in subclause (II).’’.

13 SEC. 303. UNMANNED SEAGOING BARGES.

14 Section 3302 of title 46, United States Code, is

15 amended by adding at the end the following new sub16 section:

17 ‘‘(m) A seagoing barge is not subject to inspection

18 under section 3301 of this title if the vessel is—

19 ‘‘(1) unmanned; and

20 ‘‘(2) does not carry oil in bulk or a reportable

21 or harmful quantity of a hazardous material.’’.
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1 TITLE IV—ENGINEERING AND

2 DEVELOPMENT AMENDMENTS

3 SEC. 401. COAST GUARD FAMILY HOUSING.

4 (a) IN GENERAL.—Chapter 17 of title 14, United

5 States Code, is amended by adding at the end the follow6 ing new section:

7 ‘‘§ 670. Procurement authority for family housing

8 ‘‘(a) The Coast Guard, on behalf of the United

9 States, is authorized, where appropriate—

10 ‘‘(1) subject to the availability of appropriations

11 sufficient to cover its full obligations, to acquire real

12 property or interests therein by purchase, lease for

13 a term not to exceed five years, or otherwise, for use

14 as Coast Guard family housing units, including the

15 acquisition of condominium units, which may include

16 the obligation to pay maintenance, repair, and other

17 condominium related fees; and

18 ‘‘(2) for adequate compensation, by sale, lease,

19 or otherwise, to dispose of any real property or in20 terest therein used for Coast Guard family housing

21 units; except that such disposition shall be made by

22 the General Services Administration in accordance

23 with the Federal Property and Administrative Serv24 ices Act of 1949 (40 U.S.C. 471 et seq.).
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1 ‘‘(b) In procuring real property and interests therein

2 under subsection (a) of this section, the Coast Guard may

3 use procedures other than competitive procedures in cir4 cumstances which are set forth in section 303(c) of the

5 Federal Property and Administrative Services Act of 1949

6 (41 U.S.C. 253(c)).

7 ‘‘(c)(1) For the purposes of this section, a multiyear

8 contract is a contract to lease Coast Guard family housing

9 units for more than one, but not more than five fiscal

10 years.

11 ‘‘(2) The Coast Guard may enter into multiyear con12 tracts under subsection (a) of this section whenever the

13 Coast Guard finds that—

14 ‘‘(A) the use of such a contract will promote the

15 efficiency of the Coast Guard family housing pro16 gram and will result in reduced total costs under the

17 contract; and

18 ‘‘(B) the estimates of both the cost of the con19 tract and the anticipated cost avoidance through the

20 use of a multiyear contract are realistic.

21 ‘‘(3) A multiyear contract authorized under sub22 section (a) of this section shall contain cancellation and

23 termination provisions to the extent necessary to protect

24 the best interests of the United States, and may include

25 consideration of both recurring and nonrecurring costs.
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1 The contract may provide for a cancellation payment to

2 be made. Amounts that were originally obligated for the

3 cost of the contract may be used for cancellation or termi4 nation costs.’’.

5 (b) CONFORMING AMENDMENT.—The analysis for

6 chapter 17 of title 14, United States Code, as amended

7 by this title, is further amended by adding at the end the

8 following new item:

‘‘670. Procurement authority for family housing.’’.

9 SEC. 402. AIR STATION CAPE COD IMPROVEMENTS.

10 (a) IN GENERAL.—Chapter 17 of title 14, United

11 States Code, as amended by this title, is further amended

12 by adding at the end the following new section:

13 ‘‘§ 671. Air Station Cape Cod improvements

14 ‘‘The Coast Guard may spend or obligate appro15 priated funds for the repair, improvement, restoration, or

16 replacement of those federally or nonfederally owned sup17 port buildings, including appurtenances, which are on

18 leased or permitted real property constituting Coast

19 Guard Air Station Cape Cod, located on Massachusetts

20 Military Reservation, Cape Cod, Massachusetts.’’.

21 (b) CONFORMING AMENDMENT.—The analysis for

22 chapter 17 of title 14, United States Code, as amended

23 by this title, is further amended by adding at the end the

24 following new item:

‘‘671. Air Station Cape Cod improvements.’’.
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1 SEC. 403. LONG-TERM LEASE AUTHORITY FOR AIDS TO

2 NAVIGATION.

3 (a) IN GENERAL.—Chapter 17 of title 14, United

4 States Code, as amended by this title, is further amended

5 by adding at the end the following new section:

6 ‘‘§ 672. Long-term lease authority for navigation and

7 communications systems sites

8 ‘‘(a) The Coast Guard, on behalf of the United

9 States, is authorized, subject to the availability of appro10 priations, to enter into lease agreements to acquire real

11 property or interests therein for a term not to exceed

12 twenty years, inclusive of any automatic renewal clauses,

13 for aids-to-navigation sites, vessel traffic service sensor

14 sites, or National Distress System high level antenna sites.

15 The lease agreements shall include cancellation and termi16 nation provisions to the extent necessary to protect the

17 best interests of the United States. Cancellation payment

18 provisions may include consideration of both recurring and

19 nonrecurring costs associated with the real property inter20 ests under the contract. The lease agreements may provide

21 for a cancellation payment to be made. Amounts that were

22 originally obligated for the cost of the contract may be

23 used for cancellation or termination costs.

24 ‘‘(b) In procuring real property and interests therein

25 under subsection (a) of this section, the Coast Guard may

26 use procedures other than competitive procedures in cir-
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1 cumstances which are set forth in section 303(c) of the

2 Federal Property and Administrative Services Act of 1949

3 (41 U.S.C. 253(c)).

4 ‘‘(c)(1) The Coast Guard may enter into multiyear

5 lease agreements under subsection (a) of this section

6 whenever the Coast Guard finds that—

7 ‘‘(A) the use of such a lease agreement will pro8 mote the efficiency of the aids-to-navigation pro9 gram, vessel traffic service program, or National

10 Distress System program and will result in reduced

11 total costs under the agreement;

12 ‘‘(B) the minimum need for the real property or

13 interest therein to be leased is expected to remain

14 substantially unchanged during the contemplated

15 lease period; and

16 ‘‘(C) the estimates of both the cost of the lease

17 and the anticipated cost avoidance through the use

18 of a multiyear lease are realistic.’’.

19 (b) CONFORMING AMENDMENT.—The analysis for

20 chapter 17 of title 14, United States Code, as amended

21 by this title, is further amended by adding at the end of

22 the following new item:

‘‘672. Long term lease authority for navigation and communications system

sites.’’.
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1 TITLE V—EDUCATIONAL RESEARCH

2 SEC. 501. AUTHORITY FOR EDUCATIONAL RESEARCH

3 GRANTS.

4 (a) IN GENERAL.—Chapter 9 of title 14, United

5 States Code, is amended by adding at the end the follow6 ing new section:

7 ‘‘§ 196. Participation in Federal, State, or other edu8 cational research grants

9 ‘‘Notwithstanding any other provision of law, the

10 Coast Guard Academy may compete for and accept Fed11 eral, State, or other educational research grants, except

12 that no such award may be accepted for the acquisition

13 or construction of facilities, or for the routine functions

14 of the Academy.’’.

15 (b) CONFORMING AMENDMENT.—The analysis for

16 chapter 9 of title 14, United States Code, is amended by

17 adding at the end the following new item:

‘‘196. Participation in Federal, State, or other educational research grants.’’.

18 TITLE VI—PASSENGER VESSEL SAFETY

19 SEC. 601. SHORT TITLE.

20 This title may be cited as the ‘‘Passenger Vessel

21 Safety Act of 1993’’.

22 SEC. 602. DEFINITION OF PASSENGER.

23 Section 2101(21) of title 46, United States Code, is

24 amended to read as follows:

25 ‘‘(21) ‘passenger’—
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1 ‘‘(A) on a vessel, other than a vessel re2 ferred to in subclause (B), (C), or (D) of this

3 clause, means an individual carried on the ves4 sel except—

5 ‘‘(i) the owner or an individual rep6 resentative of the owner or, in the case of

7 a vessel under charter, an individual

8 charterer or individual representative of

9 the charterer;

10 ‘‘(ii) the master; or

11 ‘‘(iii) a member of the crew engaged

12 in the business of the vessel who has not

13 contributed consideration for carriage and

14 who is paid for on board services;

15 ‘‘(B) on an offshore supply vessel, means

16 an individual carried on the vessel except—

17 ‘‘(i) an individual as described in

18 subclause (A)(i), (A)(ii), or (A)(iii) of this

19 clause;

20 ‘‘(ii) an employee of the owner, or of

21 a subcontractor to the owner, engaged in

22 the business of the owner;

23 ‘‘(iii) an employee of the charterer, or

24 of a subcontractor to the charterer, en25 gaged in the business of the charterer; or
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1 ‘‘(iv) an individual employed in a

2 phase of exploration, exploitation, or pro3 duction of offshore mineral or energy re4 sources served by the vessel;

5 ‘‘(C) on a fishing vessel, fish processing

6 vessel, or fish tender vessel, means an individ7 ual carried on the vessel except—

8 ‘‘(i) an individual as described in

9 subclause (A)(i), (A)(ii), or (A)(iii) of this

10 clause;

11 ‘‘(ii) a managing operator;

12 ‘‘(iii) an employee of the owner, or of

13 a subcontractor to the owner, engaged in

14 the business of the owner; or

15 ‘‘(iv) an employee of the charterer, or

16 of a subcontractor to the charterer, en17 gaged in the business of the charterer; and

18 ‘‘(D) on a sailing school vessel, means an

19 individual carried on the vessel except—

20 ‘‘(i) an individual as described in

21 subclause (A)(i), (A)(ii), or (A)(iii) of this

22 clause;

23 ‘‘(ii) an employee of the owner of the

24 vessel engaged in the business of the
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1 owner, except when the vessel is operating

2 under a demise charter;

3 ‘‘(iii) an employee of the demise

4 charterer of the vessel engaged in the busi5 ness of the demise charterer; or

6 (iv) a sailing school instructor or sail7 ing school student.’’.

8 SEC. 603. DEFINITION OF PASSENGER VESSEL.

9 Section 2101(22) of title 46, United States Code, is

10 amended to read as follows:

11 ‘‘(22) passenger vessel’ means a vessel of at

12 least 100 gross tons—

13 ‘‘(A) that is carrying more than 12 pas14 sengers, including at least one passenger for

15 hire;

16 ‘‘(B) that is chartered and carrying more

17 than 12 passengers; or

18 ‘‘(C) that is a submersible vessel carrying

19 at least one passenger for hire.’’.

20 SEC. 604. DEFINITION OF SMALL PASSENGER VESSEL.

21 Section 2101(35) of title 46, United States Code, is

22 amended to read as follows:

23 ‘‘(35) ‘small passenger vessel’ means a vessel of

24 less than 100 gross tons—
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1 ‘‘(A) that is carrying more than 6 pas2 sengers, including at least one passenger for

3 hire;

4 ‘‘(B) that is chartered, with the crew pro5 vided or specified by the owner or the owner’s

6 representative, and carrying more than 6 pas7 sengers;

8 ‘‘(C) that is chartered, with no crew pro9 vided or specified by the owner or the owner’s

10 representative, and carrying more than 12 pas11 sengers; or

12 ‘‘(D) that is a submersible vessel carrying

13 at least one passenger for hire.’’.

14 SEC. 605. DEFINITION OF UNINSPECTED PASSENGER VES15 SEL.

16 Section 2101(42) of title 46, United States Code, is

17 amended to read as follows:

18 ‘‘(42) ‘uninspected passenger vessel’ means an

19 uninspected vessel—

20 ‘‘(A) of at least 100 gross tons—

21 ‘‘(i) that is carrying not more than 12

22 passengers, including at least one pas23 senger for hire; or

24 ‘‘(ii) that is chartered, with the crew

25 provided or specified by the owner or the
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1 owner’s representative, and carrying not

2 more than 12 passengers; or

3 ‘‘(B) of less than 100 gross tons—

4 ‘‘(i) that is carrying not more than 6

5 passengers, including at least one pas6 senger for hire; or

7 ‘‘(ii) that is chartered, with the crew

8 provided or specified by the owner or the

9 owner’s representative, and carrying not

10 more than 6 passengers.’’.

11 SEC. 606. DEFINITION OF PASSENGER FOR HIRE.

12 Section 2101 of title 46, United States Code, is

13 amended by inserting immediately after clause (21) the

14 following new clause:

15 ‘‘(21a) ‘passenger for hire’ means a passenger

16 for whom consideration is contributed as a condition

17 of carriage on the vessel, whether directly or indi18 rectly flowing to the owner, charterer, operator,

19 agent, or any other person having an interest in the

20 vessel.’’.

21 SEC. 607. DEFINITION OF CONSIDERATION.

22 Section 2101 of title 46, United States Code, is

23 amended by inserting immediately after clause (5) the fol24 lowing new clause:
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1 ‘‘(5a) ‘consideration’ means an economic bene2 fit, inducement, right, or profit, including pecuniary

3 payment accruing to an individual, person, or entity,

4 but not including a voluntary sharing of the actual

5 expenses of the voyage by monetary contribution or

6 donation of fuel, food, beverage, or other supplies.’’.

7 SEC. 608. DEFINITION OF OFFSHORE SUPPLY VESSEL.

8 Section 2101(19) of title 46, United States Code, is

9 amended by inserting ‘‘individuals in addition to the

10 crew,’’ immediately after ‘‘supplies,’’ and by striking ‘‘and

11 is not a small passenger vessel’’.

12 SEC. 609. DEFINITION OF SAILING SCHOOL VESSEL.

13 Section 2101(30)(B) of title 46, United States Code,

14 is amended by striking ‘‘at least 6’’ and inserting in lieu

15 thereof ‘‘more than 6’’.

16 SEC. 610. DEFINITION OF SUBMERSIBLE VESSEL.

17 Section 2101 of title 46, United States Code, is

18 amended by inserting immediately after clause (37) the

19 following new clause:

20 ‘‘(37a) ‘submersible vessel’ means a vessel that

21 is capable of operating below the surface of the

22 water.’’.

23 SEC. 611. EXEMPTION AUTHORITY.

24 (a) Section 2113 of title 46, United States Code, is

25 amended to read as follows:
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1 ‘‘§ 2113. Authority to exempt certain vessels

2 ‘‘If the Secretary decides that the application of a

3 provision of part B, C, F, or G of this subtitle is not nec4 essary in performing the mission of certain vessels en5 gaged in excursions or an oceanographic research vessel,

6 or not necessary for the safe operation of certain vessels

7 carrying passengers, the Secretary by regulation may—

8 ‘‘(1) for an excursion vessel, issue a special per9 mit specifying the conditions of operation and equip10 ment;

11 ‘‘(2) exempt an oceanographic research vessel

12 from that provision under conditions the Secretary

13 may specify; and

14 ‘‘(3) establish different operating and equip15 ment requirements for uninspected passenger vessels

16 described in section 2101(42)(A) of this title.’’.

17 SEC. 612. EQUIPMENT AND STANDARDS FOR UNINSPECTED

18 PASSENGER VESSELS.

19 Section 4105 of title 46, United States Code, is

20 amended—

21 (1) by redesignating the existing text as sub22 section (a); and

23 (2) by adding at the end the following new sub24 section:

25 ‘‘(b) Within 24 months after the date of enactment

26 of this subsection, the Secretary shall, by regulation, re-
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1 quire certain additional equipment (including liferafts or

2 other lifesaving equipment), or establish construction

3 standards or additional operating standards, for the

4 uninspected passenger vessels described in section

5 2101(42)(A) of this title.’’.

6 SEC. 613. APPLICABILITY DATE FOR REVISED REGULA7 TIONS.

8 (a) APPLICABILITY DATE FOR CERTAIN CHARTERED

9 VESSELS.—Revised regulations governing small passenger

10 vessels and passenger vessels, as the definitions of those

11 terms in section 2101 of title 46, United States Code, are

12 amended by this Act, shall not apply before May 1, 1994,

13 to such vessels when chartered with no crew provided.

14 (b) EXTENSION OF PERIOD.—The Secretary of the

15 department in which the Coast Guard is operating may

16 extend for up to 1 additional year the period of inapplica17 bility specified in subsection (a) if the owner of the vessel

18 concerned demonstrates to the satisfaction of the Sec19 retary that a good faith effort, with due diligence and care,

20 has failed to enable compliance with the regulations by

21 May 1, 1994.

22 SECTION 1. SHORT TITLE.

23 This Act may be cited as the ‘‘Coast Guard Authoriza24 tion Act of 1993’’.
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1 TITLE I—AUTHORIZATIONS

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

3 (a) FISCAL YEAR 1994.—Funds are authorized to be

4 appropriated for necessary expenses of the Coast Guard for

5 fiscal year 1994, as follows:

6 (1) For the operation and maintenance of the

7 Coast Guard, $2,609,747,000, of which—

8 (A) $25,000,000 shall be derived from the

9 Oil Spill Liability Trust Fund; and

10 (B) $32,250,000 shall be expended from the

11 Boat Safety Account.

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, $414,000,000, to remain avail16 able until expended, of which $20,000,000 shall be de17 rived from the Oil Spill Liability Trust Fund.

18 (3) For research, development, test, and evalua19 tion, $25,000,000, to remain available until expended,

20 of which $4,457,000 shall be derived from the Oil

21 Spill Liability Trust Fund.

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

23 obligations otherwise chargeable to lapsed appropria24 tions for this purpose), payments under the Retired

25 Serviceman’s Family Protection and Survivor Benefit
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1 Plans, and payments for medical care of retired per2 sonnel and their dependents under chapter 55 of title

3 10, United States Code, $548,774,000, to remain

4 available until expended.

5 (5) For alteration or removal of bridges over

6 navigable waters of the United States constituting ob7 structions to navigation, and for personnel and ad8 ministrative costs associated with the Bridge Alter9 ation Program, $12,940,000, to remain available

10 until expended.

11 (6) For environmental compliance and restora12 tion at Coast Guard facilities, $23,057,000, to remain

13 available until expended.

14 (b) FISCAL YEAR 1995.—Funds are authorized to be

15 appropriated for necessary expenses of the Coast Guard for

16 fiscal year 1995, as follows:

17 (1) For the operation and maintenance of the

18 Coast Guard, $2,711,762,000, of which—

19 (A) $26,000,000 shall be derived from the

20 Oil Spill Liability Trust Fund; and

21 (B) $33,500,000 shall be expended from the

22 Boat Safety Account.

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

24 and improvement of aids to navigation, shore and off25 shore facilities, vessels, and aircraft, including equip-
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1 ment related thereto, $596,000,000, to remain avail2 able until expended, of which $20,500,000 shall be de3 rived from the Oil Spill Liability Trust Fund.

4 (3) For research, development, test, and evalua5 tion, $25,750,000, to remain available until expended,

6 of which $4,600,000 shall be derived from the Oil

7 Spill Liability Trust Fund.

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

9 obligations otherwise chargeable to lapsed appropria10 tions for this purpose), payments under the Retired

11 Serviceman’s Family Protection and Survivor Benefit

12 Plans, and payments for medical care of retired per13 sonnel and their dependents under chapter 55 of title

14 10, United States Code, $579,500,000, to remain

15 available until expended.

16 (5) For alteration or removal of bridges over

17 navigable waters of the United States constituting ob18 structions to navigation, and for personnel and ad19 ministrative costs associated with the Bridge Alter20 ation Program, $13,289,000, to remain available

21 until expended.

22 (6) For environmental compliance and restora23 tion at Coast Guard Facilities, $23,749,000, to re24 main available until expended.
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1 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

2 AND MILITARY TRAINING.

3 (a) AUTHORIZED MILITARY STRENGTH LEVEL.—The

4 Coast Guard is authorized an end-of-year strength for ac5 tive duty personnel of 39,138 as of September 30, 1994 (of

6 which not more than 6,400 shall be commissioned officers),

7 and 39,138 as of September 30, 1995 (of which not more

8 than 6,400 shall be commissioned officers). The authorized

9 strength does not include members of the Ready Reserve

10 called to active duty for special or emergency augmentation

11 of regular Coast Guard forces for periods of 180 days or

12 less.

13 (b) AUTHORIZED LEVEL OF MILITARY TRAINING.—

14 The Coast Guard is authorized average military training

15 student loads as follows:

16 (1) For recruit and special training, 1,986 stu17 dent years for fiscal year 1994 and 1,986 student

18 years for fiscal year 1995.

19 (2) For flight training, 114 student years for fis20 cal year 1994 and 114 student years for fiscal year

21 1995.

22 (3) For professional training in military and ci23 vilian institutions, 338 student years for fiscal year

24 1994 and 338 student years for fiscal year 1995.
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1 (4) For officer acquisition, 955 student years for

2 fiscal year 1994 and 955 student years for fiscal year

3 1995.

4 TITLE II—PERSONNEL MANAGEMENT

5 IMPROVEMENT

6 SEC. 201. ELIMINATION OF PERMANENT CEILING ON NUM7 BER OF COMMISSIONED OFFICERS.

8 (a) ELIMINATION OF CEILING.—Section 42 of title 14,

9 United States Code, is amended by striking subsection (a),

10 and by redesignating subsections (b) through (e) as sub11 sections (a) through (d), respectively.

12 (b) CONFORMING AMENDMENTS.—(1) Section 42(d) of

13 title 14, United States Code, as redesignated by subsection

14 (a) of this section, is amended by striking ‘‘subsection (c)’’

15 and inserting in lieu thereof ‘‘subsection (b)’’.

16 (2) The section heading for section 42 of title 14,

17 United States Code, is amended by striking ‘‘Number

18 and distribution’’ and inserting in lieu thereof ‘‘Dis19 tribution’’.

20 (3) In the analysis for chapter 3 of title 14, United

21 States Code, the item relating to section 42 is amended by

22 striking

‘‘Number and distribution’’

23 and inserting in lieu thereof

‘‘Distribution’’.
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1 SEC. 202. INCREASED GRADE FOR CHIEF OF STAFF.

2 (a) AUTHORITY FOR GRADE OF VICE ADMIRAL.—(1)

3 Chapter 3 of title 14, United States Code, is amended by

4 inserting immediately after section 50 the following new

5 section:

6 ‘‘§ 50a. Chief of Staff

7 ‘‘(a) The President may appoint, by and with the ad8 vice and consent of the Senate, a Chief of Staff of the Coast

9 Guard who shall rank next after the area commanders and

10 who shall perform such duties as the Commandant may

11 prescribe. The Chief of Staff shall be appointed from the

12 officers on the active duty promotion list serving above the

13 grade of captain. The Commandant shall make rec14 ommendations for such appointment.

15 ‘‘(b) The Chief of Staff shall, while so serving, have

16 the grade of vice admiral with the pay and allowances of

17 that grade. The appointment and grade of the Chief of Staff

18 shall be effective on the date the officer assumes that duty,

19 and shall terminate on the date the officer is detached from

20 that duty, except as provided in section 51(d) of this title.’’.

21 (2) The analysis for chapter 3 of title 14, United States

22 Code, is amended by inserting immediately after the item

23 relating to section 50 the following new item:

‘‘50a. Chief of Staff.’’.

24 (b) ELIMINATION OF UNNECESSARY SENIORITY EX25 CEPTION.—Section 41a(b) of title 14, United States Code,
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1 is amended by striking ‘‘, except that the rear admiral serv2 ing as Chief of Staff shall be the senior rear admiral for

3 all purposes other than pay’’.

4 (c) CLERICAL AMENDMENTS.—Section 41a of title 14,

5 United States Code, is amended—

6 (1) in subsection (c), by striking ‘‘his’’ and in7 serting in lieu thereof ‘‘that person’s’’; and

8 (2) in subsection (d), by striking ‘‘he’’ and in9 serting in lieu thereof ‘‘that officer’’, and by striking

10 ‘‘his’’ and inserting in lieu thereof ‘‘that officer’s’’.

11 SEC. 203. CONTINUITY OF GRADE OF ADMIRALS AND VICE

12 ADMIRALS.

13 (a) RETIREMENT.—(1) Section 51 of title 14, United

14 States Code, is amended by adding at the end the following

15 new subsection:

16 ‘‘(d) An officer serving in the grade of admiral or vice

17 admiral shall continue to hold that grade—

18 ‘‘(1) while being processed for physical disability

19 retirement, beginning on the day of the processing

20 and ending on the day that officer is retired, but not

21 for more than 180 days; and

22 ‘‘(2) while awaiting retirement, beginning on the

23 day that officer is relieved from the position of Com24 mandant, Vice Commandant, Area Commander, or
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1 Chief of Staff and ending on the day before the offi2 cer’s retirement, but not for more than 60 days.’’.

3 (2) Section 51 of title 14, United States Code, is fur4 ther amended—

5 (A) in subsections (a) and (b), by striking ‘‘as

6 Commander, Atlantic Area, or Commander, Pacific

7 Area’’ each place it appears and inserting in lieu

8 thereof ‘‘in the grade of vice admiral’’; and

9 (B) in subsection (c), by striking ‘‘his’’ and in10 serting in lieu thereof ‘‘that officer’s’’.

11 (b) ELIMINATION OF UNNECESSARY PROVISION FOR

12 CHIEF OF STAFF.—Section 290 of title 14, United States

13 Code, is amended—

14 (1) in subsection (a), by striking ‘‘or in the posi15 tion of Chief of Staff’’ in the second sentence; and

16 (2) in subsection (f), by striking ‘‘Chief of Staff

17 or’’ each place it appears.

18 (c) CONFORMING AMENDMENT RELATING TO RETIRE19 MENT OF COMMANDANT.—Section 46(a) of title 14, United

20 States Code, is amended by striking ‘‘shall, at the expira21 tion of his term, be retired with the grade of admiral.’’ and

22 inserting in lieu thereof ‘‘shall be retired with the grade of

23 admiral at the expiration of the appointed term, except as

24 provided in section 51(d) of this title.’’.
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1 (d) CONFORMING AMENDMENTS RELATING TO RE2 TIREMENT OF VICE COMMANDANT.—(1) Section 47 of title

3 14, United States Code, is amended—

4 (A) by striking subsections (b), (c), and (d); and

5 (B) in subsection (a)—

6 (i) by striking ‘‘(a)’’ at the beginning;

7 and

8 (ii) by striking the last sentence and

9 inserting in lieu thereof ‘‘The appointment

10 and grade of a Vice Commandant shall be

11 effective on the date the officer assumes that

12 duty, and shall terminate on the date the of13 ficer is detached from that duty, except as

14 provided in section 51(d) of this title.’’.

15 (2) The section heading for section 47 of title 47,

16 United States Code, is amended by striking ‘‘; retire17 ment’’.

18 (3) The item relating to section 47 in the analysis for

19 chapter 3 of title 14, United States Code, is amended by

20 striking ‘‘; retirement’’.

21 (e) CONFORMING AMENDMENTS RELATING TO AREA

22 COMMANDERS.—Section 50 of title 14, United States Code,

23 is amended—

24 (1) in subsection (a) by striking ‘‘his’’ and in25 serting in lieu thereof ‘‘that area commander’s’’; and
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1 (2) in subsection (b) by striking the last sentence

2 and inserting in lieu thereof ‘‘The appointment and

3 grade of an area commander shall be effective on the

4 date the officer assumes that duty, and shall termi5 nate on the date the officer is detached from that

6 duty, except as provided in section 51(d) of this

7 title.’’.

8 SEC. 204. VOLUNTEER SERVICES.

9 Section 93 of title 14, United States Code, is amend10 ed—

11 (1) by striking ‘‘and’’ at the end of subsection

12 (r);

13 (2) by striking the period at the end of sub14 section (s) and inserting in lieu thereof a semicolon;

15 and

16 (3) by adding at the end the following new sub17 section:

18 ‘‘(t) enter into cooperative agreements with

19 States, local governments, nongovernmental organiza20 tions, and individuals, and accept and utilize vol21 untary services, notwithstanding section 1342 of title

22 31, United States Code, to provide for the mainte23 nance and improvement of natural and historic re24 sources on, or to benefit natural and historic research
39

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1 on, Coast Guard facilities, subject to the requirement

2 that—

3 ‘‘(1) a person providing voluntary services

4 under this subsection shall not be considered a

5 Federal employee except for purposes of chapter

6 81 of title 5, United States Code, with respect to

7 compensation for work-related injuries, and

8 chapter 171 of title 28, United States Code, with

9 respect to tort claims; and

10 ‘‘(2) a cooperative agreement under this

11 subsection shall provide for the Commandant

12 and the other party or parties to the agreement

13 to—

14 ‘‘(A) contribute funds on a matching

15 basis to defray the cost of programs,

16 projects, and activities under the agreement;

17 or

18 ‘‘(B) furnish services on a matching

19 basis to carry out such programs, projects,

20 and activities; or

21 ‘‘(C) both contribute funds as described

22 in subparagraph (A) and furnish services as

23 described in subparagraph (B); and’’.
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1 SEC. 205. RESERVE RETENTION BOARDS.

2 Section 741(a) of title 14, United States Code, is

3 amended by striking ‘‘and are not on active duty and not

4 on an approved list of selectees for promotion to the next

5 higher grade’’ and inserting in lieu thereof ‘‘except those

6 officers who are on extended active duty, are on a list of

7 selectees for promotion, will complete 30 years’ total com8 missioned service by 30 June next following the date on

9 which the retention board is convened, or have reached age

10 59 by the date on which the retention board is convened’’.

11 TITLE III—NAVIGATION SAFETY AND

12 WATERWAY SERVICE MANAGEMENT

13 SEC. 301. NORTH ATLANTIC ROUTES.

14 Sections 3 and 5 of the Act of June 25, 1936 (46

15 U.S.C. App. 738b and 738d), are repealed.

16 SEC. 302. TECHNICAL AMENDMENT FOR BOAT SAFETY AC17 COUNT.

18 Section 9503(c)(4)(A)(ii) of the Internal Revenue Code

19 of 1986 (26 U.S.C. 9503(c)(4)(A)(ii)) is amended—

20 (1) by striking ‘‘No’’ at the beginning of

21 subclause (II) and inserting in lieu thereof ‘‘Subject

22 to subclause (III), no’’; and

23 (2) by adding at the end the following new

24 subclause:

25 ‘‘(III) CALCULATION OF AMOUNT IN

26 ACCOUNT.—Amounts previously appro-
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1 priated from the Aquatic Resources Trust

2 Fund for carrying out the purposes of sec3 tion 13106 of title 46, United States Code,

4 but not distributed, shall not be included

5 when calculating whether the Boat Safety

6 Account exceeds the limit established in

7 subclause (II).’’.

8 SEC. 303. UNMANNED SEAGOING BARGES.

9 Section 3302 of title 46, United States Code, is amend10 ed by adding at the end the following new subsection:

11 ‘‘(m) A seagoing barge is not subject to inspection

12 under section 3301 of this title if the vessel is—

13 ‘‘(1) unmanned; and

14 ‘‘(2) does not carry oil in bulk or a reportable

15 or harmful quantity of a hazardous material.’’.

16 TITLE IV—ENGINEERING AND

17 DEVELOPMENT AMENDMENTS

18 SEC. 401. COAST GUARD FAMILY HOUSING.

19 (a) IN GENERAL.—Chapter 17 of title 14, United

20 States Code, is amended by adding at the end the following

21 new section:

22 ‘‘§ 670. Procurement authority for family housing

23 ‘‘(a) The Coast Guard, on behalf of the United States,

24 is authorized, where appropriate—
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1 ‘‘(1) subject to the availability of appropriations

2 sufficient to cover its full obligations, to acquire real

3 property or interests therein by purchase, lease for a

4 term not to exceed 5 years, or otherwise, for use as

5 Coast Guard family housing units, including the ac6 quisition of condominium units, which may include

7 the obligation to pay maintenance, repair, and other

8 condominium related fees; and

9 ‘‘(2) for adequate compensation, by sale, lease, or

10 otherwise, to dispose of any real property or interest

11 therein used for Coast Guard family housing units;

12 except that such disposition shall be made by the Gen13 eral Services Administration in accordance with the

14 Federal Property and Administrative Services Act of

15 1949 (40 U.S.C. 471 et seq.).

16 ‘‘(b) In procuring real property and interests therein

17 under subsection (a) of this section, the Coast Guard may

18 use procedures other than competitive procedures in cir19 cumstances which are set forth in section 303(c) of the Fed20 eral Property and Administrative Services Act of 1949 (41

21 U.S.C. 253(c)).

22 ‘‘(c)(1) For the purposes of this section, a multiyear

23 contract is a contract to lease Coast Guard family housing

24 units for more than 1, but not more than 5, fiscal years.
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1 ‘‘(2) The Coast Guard may enter into multiyear con2 tracts under subsection (a) of this section whenever the

3 Coast Guard finds that—

4 ‘‘(A) the use of such a contract will promote the

5 efficiency of the Coast Guard family housing program

6 and will result in reduced total costs under the con7 tract; and

8 ‘‘(B) the estimates of both the cost of the contract

9 and the anticipated cost avoidance through the use of

10 a multiyear contract are realistic.

11 ‘‘(3) A multiyear contract authorized under subsection

12 (a) of this section shall contain cancellation and termi13 nation provisions to the extent necessary to protect the best

14 interests of the United States, and may include consider15 ation of both recurring and nonrecurring costs. The contract

16 may provide for a cancellation payment to be made.

17 Amounts that were originally obligated for the cost of the

18 contract may be used for cancellation or termination

19 costs.’’.

20 (b) CONFORMING AMENDMENT.—The analysis for

21 chapter 17 of title 14, United States Code, is amended by

22 adding at the end the following new item:

‘‘670. Procurement authority for family housing.’’.
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1 SEC. 402. AIR STATION CAPE COD IMPROVEMENTS.

2 (a) IN GENERAL.—Chapter 17 of title 14, United

3 States Code, as amended by this title, is further amended

4 by adding at the end the following new section:

5 ‘‘§ 671. Air Station Cape Cod improvements

6 ‘‘The Coast Guard may spend or obligate appropriated

7 funds for the repair, improvement, restoration, or replace8 ment of those federally or non-federally owned support

9 buildings, including appurtenances, which are on leased or

10 permitted real property constituting Coast Guard Air Sta11 tion Cape Cod, located on Massachusetts Military Reserva12 tion, Cape Cod, Massachusetts.’’.

13 (b) CONFORMING AMENDMENT.—The analysis for

14 chapter 17 of title 14, United States Code, as amended by

15 this title, is further amended by adding at the end the fol16 lowing new item:

‘‘671. Air Station Cape Cod improvements.’’.

17 SEC. 403. LONG-TERM LEASE AUTHORITY FOR AIDS TO

18 NAVIGATION.

19 (a) IN GENERAL.—Chapter 17 of title 14, United

20 States Code, as amended by this title, is further amended

21 by adding at the end the following new section:

22 ‘‘§ 672. Long-term lease authority for navigation and

23 communications systems sites

24 ‘‘(a) The Coast Guard, on behalf of the United States,

25 is authorized, subject to the availability of appropriations,
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1 to enter into lease agreements to acquire real property or

2 interests therein for a term not to exceed 20 years, inclusive

3 of any automatic renewal clauses, for aids-to-navigation

4 sites, vessel traffic service sensor sites, or National Distress

5 System high level antenna sites. The lease agreements shall

6 include cancellation and termination provisions to the ex7 tent necessary to protect the best interests of the United

8 States. Cancellation payment provisions may include con9 sideration of both recurring and nonrecurring costs associ10 ated with the real property interests under the contract. The

11 lease agreements may provide for a cancellation payment

12 to be made. Amounts that were originally obligated for the

13 cost of the contract may be used for cancellation or termi14 nation costs.

15 ‘‘(b) In procuring real property and interests therein

16 under subsection (a) of this section, the Coast Guard may

17 use procedures other than competitive procedures in cir18 cumstances which are set forth in section 303(c) of the Fed19 eral Property and Administrative Services Act of 1949 (41

20 U.S.C. 253(c)).

21 ‘‘(c)(1) The Coast Guard may enter into multiyear

22 lease agreements under subsection (a) of this section when23 ever the Coast Guard finds that—

24 ‘‘(A) the use of such a lease agreement will pro25 mote the efficiency of the aids-to-navigation program,
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1 vessel traffic service program, or National Distress

2 System program and will result in reduced total costs

3 under the agreement;

4 ‘‘(B) the minimum need for the real property or

5 interest therein to be leased is expected to remain sub6 stantially unchanged during the contemplated lease

7 period; and

8 ‘‘(C) the estimates of both the cost of the lease

9 and the anticipated cost avoidance through the use of

10 a multiyear lease are realistic.’’.

11 (b) CONFORMING AMENDMENT.—The analysis for

12 chapter 17 of title 14, United States Code, as amended by

13 this title, is further amended by adding at the end the fol14 lowing new item:

‘‘672. Long term lease authority for navigation and communications system

sites.’’.

15 TITLE V—RESEARCH

16 SEC. 501. AUTHORITY FOR EDUCATIONAL RESEARCH

17 GRANTS.

18 (a) IN GENERAL.—Chapter 9 of title 14, United States

19 Code, is amended by adding at the end the following new

20 section:

21 ‘‘§ 196. Participation in Federal, State, or other edu22 cational research grants

23 ‘‘Notwithstanding any other provision of law, the

24 Coast Guard Academy may compete for and accept Federal,
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1 State, or other educational research grants, except that no

2 such award may be accepted for the acquisition or construc3 tion of facilities, or for the routine functions of the Acad4 emy.’’.

5 (b) CONFORMING AMENDMENT.—The analysis for

6 chapter 9 of title 14, United States Code, is amended by

7 adding at the end the following new item:

‘‘196. Participation in Federal, State, or other educational research grants.’’.

8 SEC. 502. COOPERATIVE AGREEMENT AUTHORITY.

9 Section 93 of title 14, United States Code, as amended

10 by section 204 of this Act, is further amended by adding

11 at the end the following new subsection:

12 ‘‘(u) enter into cooperative agreements with other

13 Government agencies for purposes of contracting with

14 the National Academy of Sciences.’’.

15 TITLE VI—PASSENGER VESSEL SAFETY

16 SEC. 601. SHORT TITLE.

17 This title may be cited as the ‘‘Passenger Vessel Safety

18 Act of 1993’’.

19 SEC. 602. DEFINITION OF PASSENGER.

20 Section 2101(21) of title 46, United States Code, is

21 amended to read as follows:

22 ‘‘(21) ‘passenger’—

23 ‘‘(A) on a vessel, other than a vessel referred

24 to in subclause (B), (C), or (D) of this clause,
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1 means an individual carried on the vessel ex2 cept—

3 ‘‘(i) the owner or an individual rep4 resentative of the owner or, in the case of a

5 vessel under charter, an individual

6 charterer or individual representative of the

7 charterer;

8 ‘‘(ii) the master; or

9 ‘‘(iii) a member of the crew engaged in

10 the business of the vessel who has not con11 tributed consideration for carriage and who

12 is paid for on board services;

13 ‘‘(B) on an offshore supply vessel, means an

14 individual carried on the vessel except—

15 ‘‘(i) an individual as described in

16 subclause (A)(i), (A)(ii), or (A)(iii) of this

17 clause;

18 ‘‘(ii) an employee of the owner, or of a

19 subcontractor to the owner, engaged in the

20 business of the owner;

21 ‘‘(iii) an employee of the charterer, or

22 of a subcontractor to the charterer, engaged

23 in the business of the charterer; or

24 ‘‘(iv) an individual employed in a

25 phase of exploration, exploitation, or pro-
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1 duction of offshore mineral or energy re2 sources served by the vessel;

3 ‘‘(C) on a fishing vessel, fish processing ves4 sel, or fish tender vessel, means an individual

5 carried on the vessel except—

6 ‘‘(i) an individual as described in

7 subclause (A)(i), (A)(ii), or (A)(iii) of this

8 clause;

9 ‘‘(ii) a managing operator;

10 ‘‘(iii) an employee of the owner, or of

11 a subcontractor to the owner, engaged in the

12 business of the owner; or

13 ‘‘(iv) an employee of the charterer, or

14 of a subcontractor to the charterer, engaged

15 in the business of the charterer; and

16 ‘‘(D) on a sailing school vessel, means an

17 individual carried on the vessel except—

18 ‘‘(i) an individual as described in

19 subclause (A)(i), (A)(ii), or (A)(iii) of this

20 clause;

21 ‘‘(ii) an employee of the owner of the

22 vessel engaged in the business of the owner,

23 except when the vessel is operating under a

24 demise charter;
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1 ‘‘(iii) an employee of the demise

2 charterer of the vessel engaged in the busi3 ness of the demise charterer; or

4 ‘‘(iv) a sailing school instructor or

5 sailing school student.’’.

6 SEC. 603. DEFINITION OF PASSENGER VESSEL.

7 Section 2101(22) of title 46, United States Code, is

8 amended to read as follows:

9 ‘‘(22) ‘passenger vessel’ means a vessel of at least

10 100 gross tons—

11 ‘‘(A) that is carrying more than 12 pas12 sengers, including at least one passenger for hire;

13 ‘‘(B) that is chartered and carrying more

14 than 12 passengers; or

15 ‘‘(C) that is a submersible vessel carrying at

16 least one passenger for hire.’’.

17 SEC. 604. DEFINITION OF SMALL PASSENGER VESSEL.

18 Section 2101(35) of title 46, United States Code, is

19 amended to read as follows:

20 ‘‘(35) ‘small passenger vessel’ means a vessel of

21 less than 100 gross tons—

22 ‘‘(A) that is carrying more than 6 pas23 sengers, including at least one passenger for hire;

24 ‘‘(B) that is chartered, with the crew pro25 vided or specified by the owner or the owner’s
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1 representative, and carrying more than 6 pas2 sengers;

3 ‘‘(C) that is chartered, with no crew pro4 vided or specified by the owner or the owner’s

5 representative, and carrying more than 12 pas6 sengers; or

7 ‘‘(D) that is a submersible vessel carrying

8 at least one passenger for hire.’’.

9 SEC. 605. DEFINITION OF UNINSPECTED PASSENGER VES10 SEL.

11 Section 2101(42) of title 46, United States Code, is

12 amended to read as follows:

13 ‘‘(42) ‘uninspected passenger vessel’ means an

14 uninspected vessel—

15 ‘‘(A) of at least 100 gross tons—

16 ‘‘(i) that is carrying not more than 12

17 passengers, including at least one passenger

18 for hire; or

19 ‘‘(ii) that is chartered, with the crew

20 provided or specified by the owner or the

21 owner’s representative, and carrying not

22 more than 12 passengers; or

23 ‘‘(B) of less than 100 gross tons—
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1 ‘‘(i) that is carrying not more than 6

2 passengers, including at least one passenger

3 for hire; or

4 ‘‘(ii) that is chartered, with the crew

5 provided or specified by the owner or the

6 owner’s representative, and carrying not

7 more than 6 passengers.’’.

8 SEC. 606. DEFINITION OF PASSENGER FOR HIRE.

9 Section 2101 of title 46, United States Code, is amend10 ed by inserting immediately after clause (21) the following

11 new clause:

12 ‘‘(21a) ‘passenger for hire’ means a passenger for

13 whom consideration is contributed as a condition of

14 carriage on the vessel, whether directly or indirectly

15 flowing to the owner, charterer, operator, agent, or

16 any other person having an interest in the vessel.’’.

17 SEC. 607. DEFINITION OF CONSIDERATION.

18 Section 2101 of title 46, United States Code, is amend19 ed by inserting immediately after clause (5) the following

20 new clause:

21 ‘‘(5a) ‘consideration’ means an economic benefit,

22 inducement, right, or profit, including pecuniary

23 payment accruing to an individual, person, or entity,

24 but not including a voluntary sharing of the actual
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1 expenses of the voyage by monetary contribution or

2 donation of fuel, food, beverage, or other supplies.’’.

3 SEC. 608. DEFINITION OF OFFSHORE SUPPLY VESSEL.

4 Section 2101(19) of title 46, United States Code, is

5 amended by inserting ‘‘individuals in addition to the

6 crew,’’ immediately after ‘‘supplies,’’ and by striking ‘‘and

7 is not a small passenger vessel’’.

8 SEC. 609. DEFINITION OF SAILING SCHOOL VESSEL.

9 Section 2101(30)(B) of title 46, United States Code,

10 is amended by striking ‘‘at least 6’’ and inserting in lieu

11 thereof ‘‘more than 6’’.

12 SEC. 610. DEFINITION OF SUBMERSIBLE VESSEL.

13 Section 2101 of title 46, United States Code, is amend14 ed by inserting immediately after clause (37) the following

15 new clause:

16 ‘‘(37a) ‘submersible vessel’ means a vessel that is

17 capable of operating below the surface of the water.’’.

18 SEC. 611. EXEMPTION AUTHORITY.

19 Section 2113 of title 46, United States Code, is amend20 ed to read as follows:

21 ‘‘§ 2113. Authority to exempt certain vessels

22 ‘‘If the Secretary decides that the application of a pro23 vision of part B, C, F, or G of this subtitle is not necessary

24 in performing the mission of certain vessels engaged in ex25 cursions or an oceanographic research vessel, or not nec-
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1 essary for the safe operation of certain vessels carrying pas2 sengers, the Secretary by regulation may—

3 ‘‘(1) for an excursion vessel, issue a special per4 mit specifying the conditions of operation and equip5 ment;

6 ‘‘(2) exempt an oceanographic research vessel

7 from that provision under conditions the Secretary

8 may specify; and

9 ‘‘(3) establish different operating and equipment

10 requirements for uninspected passenger vessels de11 scribed in section 2101(42)(A) of this title.’’.

12 SEC. 612. EQUIPMENT AND STANDARDS FOR UNINSPECTED

13 PASSENGER VESSELS.

14 Section 4105 of title 46, United States Code, is amend15 ed—

16 (1) by redesignating the existing text as sub17 section (a); and

18 (2) by adding at the end the following new sub19 section:

20 ‘‘(b) Within 24 months after the date of enactment of

21 this subsection, the Secretary shall, by regulation, require

22 certain additional equipment (including liferafts or other

23 lifesaving equipment), or establish construction standards

24 or additional operating standards, for the uninspected pas25 senger vessels described in section 2101(42)(A) of this title.’’.
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1 SEC. 613. APPLICABILITY DATE FOR REVISED REGULA2 TIONS.

3 (a) APPLICABILITY DATE FOR CERTAIN CHARTERED

4 VESSELS.—Revised regulations governing small passenger

5 vessels and passenger vessels (as the definitions of those

6 terms in section 2101 of title 46, United States Code, are

7 amended by this Act) shall not, before the date that is 6

8 months after the date of enactment of this Act, apply to

9 such vessels when chartered with no crew provided.

10 (b) EXTENSION OF PERIOD.—The Secretary of the de11 partment in which the Coast Guard is operating shall ex12 tend for up to 30 additional months or until issuance of

13 a certificate of inspection, whichever occurs first, the period

14 of inapplicability specified in subsection (a) if the owner

15 of the vessel concerned carries out the provisions of sub16 section (c) to the satisfaction of the Secretary.

17 (c) CONDITIONS FOR EXTENSION.—To receive an ex18 tension authorized by subsection (b), the owner of the vessel

19 shall—

20 (1) make application for inspection with the

21 Coast Guard within 6 months after the date of enact22 ment of this Act;

23 (2) make the vessel available for examination by

24 the Coast Guard prior to the carriage of passengers;

25 (3)(A) correct especially any hazardous condi26 tions involving the vessel’s structure, electrical system,
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1 and machinery installation, such as (i) grossly inad2 equate, missing, unsound, or severely deteriorated

3 frames or major structural members; (ii) wiring sys4 tems or electrical appliances without proper ground5 ing or overcurrent protection; and (iii) significant

6 fuel or exhaust system leaks;

7 (B) equip the vessel with lifesaving and fire

8 fighting equipment, or the portable equivalent, re9 quired for the route and number of persons carried;

10 and

11 (C) verify through stability tests, calculations, or

12 other practical means (which may include a history

13 of safe operations) that the vessel’s stability is satis14 factory for the size, route, and number of passengers;

15 and

16 (4) develop a work plan approved by the Coast

17 Guard to complete in a good faith effort all require18 ments necessary for issuance of a certificate of inspec19 tion as soon as practicable.

20 (d) OPERATION OF VESSEL DURING EXTENSION PE21 RIOD.—The owner of a vessel receiving an extension under

22 this section shall operate the vessel under the conditions of

23 route, service, number of passengers, manning, and equip24 ment as may be prescribed by the Coast Guard for the exten25 sion period.
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1 SEC. 614. CERTIFICATE OF DOCUMENTATION FOR THE VES2 SEL LISERON.

3 (a) AUTHORITY TO ISSUE CERTIFICATE.—Notwith4 standing section 12106 of title 46, United States Code, sec5 tion 8 of the Passenger Vessel Act of 1886 (46 App. U.S.C.

6 289), and section 27 of the Merchant Marine Act, 1920 (46

7 App. U.S.C. 883), as applicable on the date of enactment

8 of this Act, the Secretary of Transportation may issue a

9 certificate of documentation with appropriate endorsement

10 for employment in the coastwise trade of the United States

11 for the vessel LISERON, United States official number

12 971339.

13 (b) SPECIAL RULE.—Solely for the application of reg14 ulations promulgated under part B of subtitle II of title

15 46, United States Code, the Secretary of Transportation

16 shall deem the vessel LISERON, United States official

17 number 971339, to measure less than 100 gross tons, if and

18 only if the vessel—

19 (1) does not undergo a major conversion as de20 fined in section 2101(14a) of title 46, United States

21 Code, subsequent to the date of enactment of this Act;

22 and

23 (2) does not engage in the carriage of passengers

24 on an international voyage.
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1 TITLE VII—MISCELLANEOUS PROVISIONS

2 SEC. 701. HERON NECK LIGHTHOUSE.

3 (a) AUTHORITY TO CONVEY.—(1) The Secretary of the

4 department in which the Coast Guard is operating (here5 after in this title referred to as the ‘‘Secretary’’) shall convey

6 to the Island Institute, Rockland, Maine, by an appropriate

7 means of conveyance, all right, title, and interest of the

8 United States Government in and to property comprising

9 the Heron Neck Lighthouse; except that the Coast Guard

10 shall retain all right, title, or interest in any historical arti11 facts, such as any lens or lantern, on the property conveyed

12 pursuant to this section.

13 (2) The Secretary may identify, describe, and deter14 mine the property to be conveyed pursuant to this section.

15 (b) CONDITIONS.—(1) A conveyance of property pursu16 ant to this section shall be made—

17 (A) without the payment of consideration; and

18 (B) subject to such terms and conditions as the

19 Secretary may consider appropriate.

20 (2) The property conveyed pursuant to this section

21 may be used for educational, historic, recreational, and cul22 tural programs open to and for the benefit of the general

23 public. Theme displays, museums, gift shops, open exhibits,

24 meeting rooms, and an office and quarters for personnel in

25 connection with security and administration of the prop-
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1 erty are expressly authorized. Other uses not inconsistent

2 with the foregoing uses are permitted unless the Secretary

3 shall reasonably determine that such uses are incompatible

4 with the historic nature of the property or with other provi5 sions of this section.

6 (3) Any conveyance of property pursuant to this sec7 tion shall be subject to such additional conditions as the

8 Secretary considers to be necessary to assure that—

9 (A) the light, antennas, sound signal, and associ10 ated lighthouse equipment located on the property

11 conveyed, which are active aids to navigation, shall

12 continue to be operated and maintained by the Unit13 ed States Government for as long as they are needed

14 for this purpose;

15 (B) the Island Institute may not interfere or

16 allow interference in any manner with such aids to

17 navigation without express written permission from

18 the United States Government;

19 (C) there is reserved to the United States Gov20 ernment the right to relocate, replace, or add any aids

21 to navigation or make any changes on any portion of

22 such property as may be necessary for navigation

23 purposes;

24 (D) the United States Government shall have the

25 right, at any time, to enter such property without no-
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1 tice for the purpose of maintaining navigational aids;

2 and

3 (E) the United States Government shall have an

4 easement of access to such property for the purpose of

5 maintaining the navigational aids in use on the

6 property.

7 (4) The Island Institute shall not have any obligation

8 to maintain any active aid to navigation equipment on

9 property conveyed pursuant to this section.

10 (c) PROPERTY TO BE MAINTAINED IN ACCORDANCE

11 WITH CERTAIN LAWS.—The Island Institute shall main12 tain the Heron Neck Lighthouse in accordance with the pro13 visions of the National Historic Preservation Act of 1966

14 (16 U.S.C. 470 et seq.) and other applicable laws.

15 (d) DEFINITION.—For purposes of this section, the

16 term ‘‘Heron Neck Lighthouse’’ means the Coast Guard

17 lighthouse located on Green Island, Vinalhaven, Maine, in18 cluding—

19 (1) the attached keeper’s dwelling, ancillary

20 buildings, the associated fog signal, and boat ramp;

21 and

22 (2) such land as may be necessary to enable the

23 Island Institute to operate at that lighthouse a non24 profit center for public benefit.
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1 SEC. 702. CAPE COD LIGHTHOUSE PLANNING AND DESIGN

2 STUDIES.

3 (a) COMPLETION OF STUDIES.—(1) Not later than 6

4 months after the date of enactment of this Act, the Secretary

5 and the Secretary of the Interior shall complete the nec6 essary planning studies, including selection of a relocation

7 site, identified in the Coast Guard’s strategy document for

8 relocation of the Cape Cod Lighthouse (popularly known

9 as the ‘‘Highland Light Station’’), located in North Truro,

10 Massachusetts.

11 (2) Not later than 18 months after the date of enact12 ment of this Act, the Secretary shall complete the design

13 studies identified in the Coast Guard’s strategy document

14 for relocation of the Cape Cod Lighthouse.

15 (b) USE OF AMOUNTS FOR STUDIES.—Of amounts ap16 propriated under the authority of this Act for acquisition,

17 construction, rebuilding, and improvement, the Secretary

18 may use up to $600,000 for conducting the studies required

19 under subsection (a).

20 SEC. 703. TRANSFER OF LIGHTHOUSES.

21 (a) AUTHORITY TO TRANSFER.—(1) The Secretary

22 may convey by any appropriate means to the Washington

23 State Parks and Recreation Commission all right, title, and

24 interest of the United States Government in and to property

25 comprising one or more of the Cape Disappointment Light-
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1 house, North Head Lighthouse, and Point Wilson Light2 house.

3 (2) The Secretary may identify, describe, and deter4 mine property conveyed pursuant to this section.

5 (b) TERMS AND CONDITIONS.—(1) The conveyance of

6 property pursuant to subsection (a) shall be made—

7 (A) without the payment of consideration; and

8 (B) subject to such terms and conditions as the

9 Secretary may consider appropriate.

10 (2) In addition to any term or condition established

11 pursuant to paragraph (1), any conveyance of property

12 comprising Cape Disappointment Lighthouse, North Head

13 Lighthouse, or Point Wilson Lighthouse pursuant to this

14 section shall be subject to the condition that all right, title,

15 and interest in and to the property so conveyed shall imme16 diately revert to the United States Government if the prop17 erty, or any part thereof—

18 (A) ceases to be used as a center for public bene19 fit for the interpretation and preservation of mari20 time history;

21 (B) ceases to be maintained in a manner that

22 ensures its present or future use as a Coast Guard aid

23 to navigation; or
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1 (C) ceases to be maintained in a manner consist2 ent with the provisions of the National Historic Pres3 ervation Act of 1966 (16 U.S.C. 470 et seq.).

4 (3) Any conveyance of property pursuant to this sec5 tion shall be made subject to such conditions as the Sec6 retary considers to be necessary to assure that—

7 (A) the lights, antennas, and associated equip8 ment located on the property conveyed, which are ac9 tive aids to navigation, shall continue to be operated

10 and maintained by the United States Government;

11 (B) the Washington State Parks and Recreation

12 Commission may not interfere or allow interference

13 in any manner with such aids to navigation without

14 express written permission from the Secretary;

15 (C) there is reserved to the United States Gov16 ernment the right to relocate, replace, or add any aids

17 to navigation or make any changes on any portion of

18 such property as may be necessary for navigation

19 purposes;

20 (D) the United States Government shall have the

21 right, at any time, to enter such property without no22 tice for the purpose of maintaining aids to naviga23 tion;

24 (E) the United States Government shall have an

25 easement of access to such property for the purpose of
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1 maintaining the aids to navigation in use on the

2 property; and

3 (F) the property shall be rehabilitated and main4 tained by the owner in accordance with the provisions

5 of the National Historic Preservation Act of 1966 (16

6 U.S.C. 470 et seq.).

7 (4) The Washington State Parks and Recreation Com8 mission shall not have any obligation to maintain any ac9 tive aid to navigation equipment on property conveyed pur10 suant to this section.

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

12 term—

13 (1) ‘‘Cape Disappointment Lighthouse’’ means

14 the Coast Guard lighthouse located at Fort Canby

15 State Park, Washington, including—

16 (A) the lighthouse, excluding any lantern or

17 lens that is the personal property of the Coast

18 Guard; and

19 (B) such land as may be necessary to enable

20 the Washington State Parks and Recreation

21 Commission to operate at that lighthouse a cen22 ter for public benefit for the interpretation and

23 preservation of the maritime history;
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1 (2) ‘‘North Head Lighthouse’’ means the Coast

2 Guard lighthouse located at Fort Canby State Park,

3 Washington, including—

4 (A) the lighthouse, excluding any lantern or

5 lens that is the personal property of the Coast

6 Guard;

7 (B) ancillary buildings; and

8 (C) such land as may be necessary to enable

9 the Washington State Parks and Recreation

10 Commission to operate at that lighthouse a cen11 ter for public benefit for the interpretation and

12 preservation of maritime history; and

13 (3) ‘‘Point Wilson Lighthouse’’ means the Coast

14 Guard lighthouse located at Fort Worden State Park,

15 Washington, including—

16 (A) the lighthouse, excluding any lantern or

17 lens that is the personal property of the Coast

18 Guard;

19 (B) two ancillary buildings; and

20 (C) such land as may be necessary to enable

21 the Washington State Parks and Recreation

22 Commission to operate at that lighthouse a cen23 ter for public benefit for the interpretation and

24 preservation of maritime history.
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1 SEC. 704. LOWER COLUMBIA RIVER MARINE FIRE AND

2 SAFETY ACTIVITIES.

3 The Secretary is authorized to expend out of the

4 amounts appropriated for the Coast Guard for fiscal year

5 1994 not more than $421,700 and for fiscal year 1995 not

6 more than $358,300, for the lower Columbia River marine,

7 fire, oil, and toxic spill response communications, training,

8 equipment, and program administration activities con9 ducted by the Marine Fire and Safety Association.

10 SEC. 705. SOUTHEAST REGIONAL FISHERIES LAW ENFORCE11 MENT TRAINING CENTER.

12 The Coast Guard shall establish the Southeastern Re13 gional Fisheries Law Enforcement Training Center in the

14 Seventh Coast Guard District in Charleston, South Caro15 lina. The purpose of the Southeastern Regional Fisheries

16 Law Enforcement Training Center shall be to increase the

17 skills and training of Coast Guard fisheries law enforcement

18 personnel and to ensure that such skills and training ad19 dress the unique characteristics and complex management

20 requirements of the fisheries of the Southeastern United

21 States.

22 SEC. 706. FISHING AND FISH TENDER VESSELS.

23 Section 5209(b)(2) of the Oceans Act of 1992 (46

24 U.S.C. 2101 note) is amended by striking ‘‘without charge’’

25 and ‘‘owned by the same person’’.
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1 SEC. 707. NATIONAL SAFE BOATING WEEK.

2 The Act of June 4, 1958 (36 U.S.C. 161), is amended

3 by striking ‘‘week commencing on the first Sunday in

4 June’’ and inserting in lieu thereof ‘‘week ending on the

5 last Saturday before Memorial Day’’.

6 SEC. 708. OUTER CONTINENTAL SHELF CIVIL PENALTIES.

7 Section 24(b) of the Outer Continental Shelf Lands Act

8 (43 U.S.C. 1350(b)) is amended—

9 (1) in paragraph (1), by striking ‘‘paragraph

10 (2)’’ and inserting in lieu thereof ‘‘paragraphs (2)

11 and (3)’’; and

12 (2) by adding at the end the following new para13 graph:

14 ‘‘(3)(A) If a person fails to comply with or violates

15 a regulation issued under this Act by the Secretary of the

16 department in which the Coast Guard is operating, that

17 person is liable, without regard to the requirement of the

18 expiration of a period allowed for corrective action, to the

19 United States Government for a civil penalty of not more

20 than the amount provided in paragraph (1) for each day

21 of the continuance of that failure or violation.

22 ‘‘(B) The Secretary of the department in which the

23 Coast Guard is operating is authorized to assess the amount

24 of the civil penalty for which a person is liable for failure

25 to comply with or for violating a regulation issued under

26 this Act by the Secretary of the department in which the
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1 Coast Guard is operating. The assessment of the civil pen2 alty shall be by written notice and after an opportunity

3 for a hearing.

4 ‘‘(C) In determining the amount of the penalty, the

5 Secretary of the department in which the Coast Guard is

6 operating shall consider the nature, circumstances, extent,

7 and gravity of the prohibited acts committed and, with re8 spect to the violator, the degree of culpability, any history

9 of prior offenses, ability to pay, and other matters that jus10 tice requires.

11 ‘‘(D) The Secretary of the department in which the

12 Coast Guard is operating may compromise, modify, or

13 remit, with or without consideration, a civil penalty under

14 this Act until referring the assessment to the Attorney Gen15 eral.

16 ‘‘(E) If a person fails to pay an assessment of a civil

17 penalty after it has become final, the Secretary of the de18 partment in which the Coast Guard is operating may refer

19 the matter to the Attorney General for collection in an ap20 propriate district court of the United States.’’.

21 SEC. 709. WATCHSTANDING ON CERTAIN VESSELS.

22 Section 8301(b) of title 46, United States Code, is

23 amended by inserting ‘‘, or a vessel used only to respond

24 to a discharge of oil or a hazardous substance,’’ immediately

25 after ‘‘offshore supply vessel’’ each place it appears.
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1 SEC. 710. LOS ANGELES-LONG BEACH VESSEL TRAFFIC

2 SERVICE.

3 The Coast Guard is authorized to provide personnel

4 support for the interim vessel traffic information service in

5 the Ports of Los Angeles and Long Beach operated on behalf

6 of the State of California by the Marine Exchange of Los

7 Angeles-Long Beach Harbors, Inc., a California nonprofit

8 corporation (hereinafter referred to as ‘‘Marine Exchange’’).

9 The Coast Guard shall be reimbursed for all costs associated

10 with providing such personnel in accordance with a reim11 bursable agreement between the Coast Guard and the State

12 of California. Amounts received by the Coast Guard as re13 imbursements for its costs shall be credited to the appro14 priation for operating expenses of the Coast Guard. The

15 United States Government assumes no liability for any act

16 or omission of any officer, director, employee, or representa17 tive of the Marine Exchange or of the State of California,

18 arising out of the operation of the vessel traffic information

19 service by the Marine Exchange, and the Coast Guard shall

20 have the same protections and limitations on such liability

21 as are afforded to the Marine Exchange under California

22 law.

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