IIA

103D CONGRESS

1ST SESSION H. R. 2150

IN THE SENATE OF THE UNITED STATES

AUGUST 2 (legislative day, JUNE 30), 1993

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

NOVEMBER 22, 1993

Committee discharged

AN ACT

To authorize appropriations for fiscal year 1994 for the

United States 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’’.

6 TITLE I—AUTHORIZATION

7 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

8 Funds are authorized to be appropriated for nec9 essary expenses of the Coast Guard for fiscal year 1994,

10 as follows:
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1 (1) For the operation and maintenance of the

2 Coast Guard, $2,612,552,200, of which $25,000,000

3 shall be derived from the Oil Spill Liability Trust

4 Fund, and of which $35,000,000 shall be expended

5 from the Boat Safety Account.

6 (2) For the acquisition, construction, rebuild7 ing, and improvement of aids to navigation, shore

8 and offshore facilities, vessels, and aircraft, includ9 ing equipment related thereto, $417,996,500, to re10 main available until expended, of which $23,030,000

11 shall be derived from the Oil Spill Liability Trust

12 Fund to carry out the purposes of section

13 1012(a)(5) of the Oil Pollution Act of 1990.

14 (3) For research, development, test, and evalua15 tion of technologies, materials, and human factors

16 directly relating to improving the performance of the

17 Coast Guard’s mission in support of search and res18 cue, aids to navigation, marine safety, marine envi19 ronmental protection, enforcement of laws and trea20 ties, ice operations, and defense readiness,

21 $25,000,000, to remain available until expended, of

22 which $4,457,000 shall be derived from the Oil Spill

23 Liability Trust Fund.

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

25 obligations otherwise chargeable to lapsed appropria-
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1 tions for this purpose), payments under the Retired

2 Serviceman’s Family Protection and Survivor Bene3 fit Plans, and payments for medical care of retired

4 personnel and their dependents under chapter 55 of

5 title 10, United States Code, $548,774,000.

6 (5) For alteration or removal of bridges over

7 navigable waters of the United States constituting

8 obstructions to navigation associated with the Bridge

9 Alteration Program, $12,940,000 to remain avail10 able until expended.

11 (6) For environmental compliance and restora12 tion at Coast Guard facilities, $23,057,000, to re13 main available until expended.

14 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

15 AND TRAINING.

16 (a) As of September 30, 1994, the Coast Guard is

17 authorized an end-of-year strength for active duty person18 nel of 39,138. The authorized strength does not include

19 members of the Ready Reserve called to active duty for

20 special or emergency augmentation of regular Coast

21 Guard forces for periods of 180 days or less.

22 (b) For fiscal year 1994, the Coast Guard is author23 ized average military training student loads as follows:

24 (1) For recruit and special training, 1,986 stu25 dent years.
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1 (2) For flight training, 114 student years.

2 (3) For professional training in military and ci3 vilian institutions, 338 student years.

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

5 TITLE II—PERSONNEL

6 MANAGEMENT IMPROVEMENT

7 SEC. 201. CEILING ON OFFICER CORPS.

8 Subsection (a) of section 42 of title 14, United States

9 Code, is amended by striking ‘‘6,000’’ and inserting

10 ‘‘6,200’’.

11 SEC. 202. VOLUNTEER SERVICES.

12 Section 93 of title 14, United States Code, is amend13 ed by—

14 (1) striking ‘‘and’’ at the end of paragraph (r);

15 (2) striking the period at the end of paragraph

16 (s) and inserting ‘‘; and’’; and

17 (3) adding at the end the following new sub18 section:

19 ‘‘(t) Notwithstanding any other law, enter into coop20 erative agreements with States, local governments, non21 governmental organizations, and individuals, to accept and

22 utilize voluntary services for the maintenance and im23 provement of natural and historic resources on, or to bene24 fit natural and historic research on, Coast Guard facilities,

25 which cooperative agreements shall each provide for the
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1 parties to contribute funds or services on a matching basis

2 to defray the costs of such programs, projects, and activi3 ties under the agreement.’’.

4 SEC. 203. RESERVE RETENTION BOARDS.

5 Section 741 of title 14, United States Code, is

6 amended—

7 (1) in subsection (a) in the first sentence by

8 striking ‘‘and are not on active duty and not on an

9 approved list of selectees for promotion to the next

10 higher grade’’ and inserting the following: ‘‘, except

11 those officers who—

12 ‘‘(1) are on extended active duty;

13 ‘‘(2) are on a list of selectees for promotion;

14 ‘‘(3) will complete 30 years total commissioned

15 service by June 30th following the date that the re16 tention board is convened; or

17 ‘‘(4) have reached age 59 by the date on which

18 the retention board is convened’’;

19 (2) in subsection (a) by moving the second sen20 tence so as to begin—

21 (A) immediately below paragraph (4) (as

22 added by paragraph (1) of this section); and

23 (B) flush with the left margin of the mate24 rial preceding paragraph (1);
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1 (3) by designating the third sentence of sub2 section (a) as subsection (b) by—

3 (A) inserting ‘‘(b)’’ before ‘‘This board

4 shall—’’; and

5 (B) moving the third sentence so as to

6 begin immediately below the second sentence of

7 subsection (a); and

8 (4) by redesignating the last 2 subsections as

9 subsections (c) and (d), respectively.

10 SEC. 204. BOARD FOR CORRECTION OF MILITARY RECORDS

11 DEADLINE.

12 (a) Ten months after a complete application for cor13 rection of military records is received by the Board for

14 Correction of Military Records of the Coast Guard, admin15 istrative remedies are deemed to have been exhausted,

16 and—

17 (1) if the Board has rendered a recommended

18 decision, its recommendation shall be final agency

19 action and not subject to further review or approval

20 within the Department of Transportation; or

21 (2) if the Board has not rendered a rec22 ommended decision, agency action is deemed to have

23 been unreasonably delayed or withheld and the ap24 plicant is entitled to—
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1 (A) an order under section 706(1) of title

2 5, United States Code, directing final action be

3 taken within 30 days from the date the order

4 is entered; and

5 (B) from amounts appropriated to the De6 partment of Transportation, the costs of obtain7 ing the order, including a reasonable attorney’s

8 fee.

9 (b) The 10-month deadline established in section 212

10 of the Coast Guard Authorization Act of 1989 (Public

11 Law 101–225, 103 Stat. 1914) is mandatory, and applies

12 to any application pending before the Board or the Sec13 retary of Transportation on June 12, 1990.

14 SEC. 205. CONTINUITY OF GRADE OF ADMIRALS AND VICE

15 ADMIRALS.

16 (a) Section 46(a) of title 14, United States Code, is

17 amended to read as follows:

18 ‘‘(a) A Commandant who is not reappointed shall be

19 retired with the grade of admiral at the expiration of the

20 appointed term, except as provided in subsection 51(d) of

21 this title.’’.

22 (b)(1) Section 47 of title 14, United States Code, is

23 amended—

24 (A) in the heading by striking ‘‘; retire25 ment’’;
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1 (B) in subsection (a) by—

2 (i) striking ‘‘(a)’’ at the beginning thereof,

3 and

4 (ii) striking the last sentence and inserting

5 the following: ‘‘The appointment and grade of a

6 Vice Commandant shall be effective on the date

7 the officer assumes that duty, and shall termi8 nate on the date the officer is detached from

9 that duty, except as provided in subsection

10 51(d) of this title.’’; and

11 (C) by striking subsections (b), (c), and (d).

12 (2) The table of sections at the beginning of chapter

13 3 of title 14, United States Code, is amended by striking

14 the item relating to section 47 and inserting the following:

‘‘47. Vice Commandant; assignment.’’.

15 (c) Section 50(b) of title 14, United States Code, is

16 amended by striking the last sentence and inserting ‘‘The

17 appointment and grade of an area commander shall be ef18 fective on the date the officer assumes that duty, and shall

19 terminate on the date the officer is detached from that

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

21 (d) Section 51 of title 14, United States Code, is

22 amended by adding at the end the following new sub23 section:

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

25 admiral shall continue to hold that grade—
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1 ‘‘(1) while being processed for physical disabil2 ity retirement, beginning on the day of the process3 ing and ending on the day that officer is retired, but

4 not for more than 180 days; and

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

6 the day that officer is relieved from the position of

7 Commandant, Vice Commandant, Area Commander,

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

9 officer’s retirement, but not for more than 60

10 days.’’.

11 SEC. 206. CHIEF OF STAFF.

12 (a) Section 41a(b) of title 14, United States Code,

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

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

15 for all purposes other than pay’’ at the end of the second

16 sentence.

17 (b)(1) Title 14, United States Code, is amended by

18 inserting after section 50 the following new section:

19 ‘‘§ 50a. Chief of Staff

20 ‘‘(a) The President may appoint, by and with the ad21 vice and consent of the Senate, a Chief of Staff of the

22 Coast Guard who shall rank next after the area command23 ers and who shall perform duties as prescribed by the

24 Commandant. The Chief of Staff shall be appointed from

25 the officers on the active duty promotion list serving above
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1 the grade of captain. The Commandant shall make rec2 ommendations for the appointment.

3 ‘‘(b) The Chief of Staff shall have the grade of vice

4 admiral with the pay and allowances of that grade. The

5 appointment and grade of the Chief of Staff shall be effec6 tive on the date the officer assumes that duty, and shall

7 terminate on the date the officer is detached from that

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

9 (2) The table of sections at the beginning of chapter

10 3 of title 14, United States Code, is amended by inserting

11 after the item relating to section 50 the following:

‘‘50a. Chief of Staff.’’.

12 (c) Section 51 of title 14, United States Code, is

13 amended—

14 (1) in subsection (a) by striking ‘‘as Com15 mander, Atlantic Area, or Commander, Pacific

16 Area’’ and inserting ‘‘in the grade of vice admiral’’;

17 and

18 (2) in subsection (b) by striking ‘‘as Com19 mander, Atlantic Area, or Commander, Pacific

20 Area’’ and inserting ‘‘in the grade of vice admiral’’.

21 (d) Section 290 of title 14, United States Code, is

22 amended—

23 (1) in subsection (a) by striking ‘‘or in the posi24 tion of Chief of Staff’’ in the second sentence;
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1 (2) in subsection (f)(1) by striking ‘‘Chief of

2 Staff or’’; and

3 (3) in subsection (f)(2) by striking ‘‘Chief of

4 Staff or’’.

5 TITLE III—MISCELLANEOUS

6 SECTIONS

7 SEC. 301. NORTH ATLANTIC ROUTES.

8 Sections 3 and 5 of the Act of June 25, 1936 (49

9 Stat. 1922, 46 App. U.S.C. 738b and 738d), are repealed.

10 SEC. 302. COAST GUARD FAMILY HOUSING.

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

12 States Code, is amended by adding at the end the follow13 ing new section:

14 ‘‘§ 670. Procurement authority for family housing

15 ‘‘(a) The Secretary is authorized—

16 ‘‘(1) to acquire, subject to the availability of ap17 propriations sufficient to cover its full obligations,

18 real property or interests therein by purchase, lease

19 for a term not to exceed 5 years, or otherwise, for

20 use as Coast Guard family housing units, including

21 the acquisition of condominium units, which may in22 clude the obligation to pay maintenance, repair, and

23 other condominium-related fees; and

24 ‘‘(2) to dispose of by sale, lease, or otherwise,

25 any real property or interest therein used for Coast
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1 Guard family housing units for adequate consider2 ation.

3 ‘‘(b)(1) For the purposes of this section, a multiyear

4 contract is a contract to lease Coast Guard family housing

5 units for at least one, but not more than 5, fiscal years.

6 ‘‘(2) The Secretary may enter into multiyear con7 tracts under subsection (a) of this section whenever the

8 Coast Guard finds that—

9 ‘‘(A) the use of a contract will promote the effi10 ciency of the Coast Guard family housing program

11 and will result in reduced total costs under the con12 tract; and

13 ‘‘(B) there are realistic estimates of both the

14 cost of the contract and the anticipated cost avoid15 ance through the use of a multiyear contract.

16 ‘‘(3) A multiyear contract authorized under sub17 section (a) of this section shall contain cancellation and

18 termination provisions to the extent necessary to protect

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

20 consideration of both recurring and nonrecurring costs.

21 The contract may provide for a cancellation payment to

22 be made. Amounts that were originally obligated for the

23 cost of the contract may be used for cancellation or termi24 nation costs.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 17, United States Code, is

3 amended by adding at the end the following:

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

4 SEC. 303. AIR STATION CAPE COD IMPROVEMENTS.

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

6 States Code, is amended by adding after section 670 (as

7 added by section 302 of this Act) the following new

8 section:

9 ‘‘§ 671. Air Station Cape Cod improvements

10 ‘‘The Secretary may expend funds for the repair, im11 provement, restoration, or replacement of those federally

12 or nonfederally owned support buildings, including appur13 tenances, which are on leased or permitted real property

14 constituting Coast Guard Air Station Cape Cod, located

15 on Massachusetts Military Reservation, Cape Cod, Massa16 chusetts.’’.

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

18 at the beginning of chapter 17, United States Code, is

19 amended by adding after the item relating to section 670

20 (as added by section 302 of this Act) the following:

‘‘671. Air Station Cape Cod improvements.’’.
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1 SEC. 304. LONG-TERM LEASE AUTHORITY FOR AIDS TO

2 NAVIGATION.

3 (a) Chapter 17 of title 14, United States Code, is

4 amended by adding after section 671 (as added by section

5 303 of this Act) the following new section:

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

7 communications systems sites

8 ‘‘(a) The Secretary is authorized, subject to the avail9 ability of appropriations, to enter into lease agreements

10 to acquire real property or interests therein for a term

11 not to exceed 20 years, inclusive of any automatic renewal

12 clauses, for aids to navigation (hereafter in this section

13 referred to as ‘ATON’) sites, vessel traffic service (here14 after in this section referred to as ‘VTS’) sensor sites, or

15 National Distress System (hereafter in this section re16 ferred to as ‘NDS’) high level antenna sites. These lease

17 agreements shall include cancellation and termination pro18 visions to the extent necessary to protect the best interests

19 of the United States. Cancellation payment provisions may

20 include consideration of both recurring and nonrecurring

21 costs associated with the real property interests under the

22 contract. These lease agreements may provide for a can23 cellation payment to be made. Amounts that were origi24 nally obligated for the cost of the contract may be used

25 for cancellation or termination costs.
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1 ‘‘(b) The Secretary may enter into multiyear lease

2 agreements under subsection (a) of this section whenever

3 the Secretary finds that—

4 ‘‘(1) the use of such a lease agreement will pro5 mote the efficiency of the ATON, VTS, or NDS pro6 grams and will result in reduced total costs under

7 the agreement;

8 ‘‘(2) the minimum need for the real property or

9 interest therein to be leased is expected to remain

10 substantially unchanged during the contemplated

11 lease period; and

12 ‘‘(3) the estimates of both the cost of the lease

13 and the anticipated cost avoidance through the use

14 of a multiyear lease are realistic.’’.

15 (b) The table of sections at the beginning of chapter

16 17 of title 14, United States Code, is amended by adding

17 after the item relating to section 671 (as added by section

18 303 of this Act) the following:

‘‘672. Long-term lease authority for navigation and communications systems

sites.’’.

19 SEC. 305. AUTHORITY FOR EDUCATIONAL RESEARCH

20 GRANTS.

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

22 States Code, is amended by adding at the end the follow23 ing new section:
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1 ‘‘§ 196. Participation in Federal, State, or other edu2 cational research grants

3 ‘‘Notwithstanding any other provision of law, the

4 United States Coast Guard Academy may compete for and

5 accept Federal, State, or other educational research

6 grants, subject to the following limitations:

7 ‘‘(1) No award may be accepted for the acquisi8 tion or construction of facilities.

9 ‘‘(2) No award may be accepted for the routine

10 functions of the Academy.’’.

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

12 at the beginning of chapter 9 of title 14, United States

13 Code, is amended by adding at the end the following:

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

14 SEC. 306. PREPOSITIONED OIL SPILL CLEANUP EQUIP15 MENT.

16 The Secretary of Transportation is authorized to ex17 pend out of amounts appropriated for acquisition, con18 struction, and improvement that are derived from the Oil

19 Spill Liability Trust Fund for fiscal year 1994—

20 (1) $890,000 to acquire and preposition oil spill

21 response equipment at Port Arthur, Texas, and

22 (2) $890,000 to acquire and preposition oil spill

23 response equipment at Helena, Arkansas, subject to

24 the Secretary determining that adequate storage and

25 maintenance facilities are available.
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1 SEC. 307. SHORE FACILITIES IMPROVEMENTS AT COAST

2 GUARD STATION LITTLE CREEK, VIRGINIA.

3 (a) The Secretary of Transportation, subject to the

4 availability of appropriations, may at Coast Guard Station

5 Little Creek, Virginia—

6 (1) construct a 2-story station building with

7 operational, administrative, and living spaces;

8 (2) construct a 180-foot long pier for Coast

9 Guard patrol boats;

10 (3) construct a boat ramp; and

11 (4) strengthen a waterfront bulkhead.

12 (b) Funds necessary to carry out this section are au13 thorized to be appropriated for fiscal years 1994, 1995,

14 and 1996.

15 SEC. 308. OIL SPILL TRAINING SIMULATOR.

16 The Secretary of Transportation is authorized to ex17 pend out of the amounts appropriated for fiscal year 1994

18 for acquisition, construction, and improvement that are

19 derived from the Oil Spill Liability Trust Fund not more

20 than $1,250,000 to the New York Maritime College of the

21 State of New York to purchase a marine oil spill manage22 ment simulator.

23 SEC. 309. GULF OF MEXICO REGIONAL FISHERIES LAW EN24 FORCEMENT TRAINING CENTER.

25 The Coast Guard shall establish the Gulf of Mexico

26 Regional Fisheries Law Enforcement Training Center in
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1 the Eighth Coast Guard District in Southeastern Louisi2 ana. The purpose of the Gulf of Mexico Regional Fisheries

3 Law Enforcement Training Center shall be to increase the

4 skills and training of Coast Guard fisheries law enforce5 ment personnel and to ensure that such training considers

6 and meets the unique and complex needs and demands

7 of the fisheries of the Gulf of Mexico.

8 SEC. 310. OIL SPILL PREVENTION AND RESPONSE TECH9 NOLOGY TEST AND EVALUATION PROGRAM.

10 (a) Not later than 6 months after the date of enact11 ment of this Act, the Secretary of Transportation shall

12 establish a program to evaluate the technological feasibil13 ity and environmental benefits of having tank vessels carry

14 oil spill prevention and response technology. To implement

15 the program the Secretary shall—

16 (1) publish in the Federal Register an invita17 tion for submission of proposals including plans and

18 procedures for testing; and

19 (2) review and evaluate technology using, to the

20 maximum extent possible, existing evaluation and

21 performance standards.

22 (b) The Secretary shall, to the maximum extent pos23 sible, incorporate in the program established in subsection

24 (a), the results of existing studies and evaluations of oil
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1 spill prevention and response technology carried on tank

2 vessels.

3 (c) Not later than 2 years after the date of the enact4 ment of this Act, the Secretary shall evaluate the results

5 of the program established in subsection (a) and submit

6 a report to Congress with recommendations on the fea7 sibility and environmental benefits of, and appropriate

8 equipment and utilization standards for, requiring tank

9 vessels to carry oil spill prevention and response

10 equipment.

11 (d) Not later than 6 months after the date of the

12 enactment of this Act, the Secretary shall evaluate and

13 report to the Congress on the feasibility of using seg14 regated ballast tanks for emergency transfer of cargo and

15 storage of recovered oil.

16 SEC. 311. UNMANNED SEAGOING BARGES.

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

18 amended by adding at the end the following:

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

20 under section 3301(6) of this title if the vessel is un21 manned and does not carry—

22 ‘‘(1) a hazardous material as cargo; or

23 ‘‘(2) a flammable or combustible liquid, includ24 ing oil, in bulk.’’.
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1 SEC. 312. PROHIBITION ON DECOMMISSIONING ICE2 BREAKER MACKINAW.

3 (a) The Secretary of Transportation may not decom4 mission the Coast Guard cutter MACKINAW until the

5 later of—

6 (1) 1 year after transmitting to the Congress

7 the report required under subsection (c); or

8 (2) October 1, 1994.

9 (b) There is authorized to be appropriated to the Sec10 retary of Transportation $1,600,000 for fiscal year 1994,

11 to remain available until expended, for operations and

12 maintenance of the Coast Guard cutter MACKINAW.

13 (c) Not later than 6 months after the date of enact14 ment of this Act, the Secretary of Transportation shall

15 conduct a study and submit a report to the Congress on

16 the icebreaking needs of the Great Lakes and the appro17 priate size and type of vessel or vessels to meet those

18 needs. In conducting this study, the Secretary shall—

19 (1) consult with—

20 (A) Great Lakes shippers, including the

21 Lake Carriers Association;

22 (B) the Great Lakes Commission;

23 (C) the Governors of States bordering the

24 Great Lakes;

25 (D) local governments in States bordering

26 the Great Lakes; and
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1 (E) interested private persons;

2 (2) determine the average and maximum ice

3 conditions in the Great Lakes over the past 10

4 years;

5 (3) determine the size and type of vessel or ves6 sels necessary to clear shipping channels in the aver7 age and maximum ice conditions determined under

8 paragraph (2); and

9 (4) evaluate whether any Coast Guard vessel

10 stationed on the Great Lakes, other than the

11 MACKINAW, can safely conduct search and rescue

12 missions in 25-foot seas.

13 SEC. 313. REQUIREMENT TO MAINTAIN COAST GUARD OF14 FICE AT SAINT IGNACE, MICHIGAN.

15 The Secretary of Transportation shall during fiscal

16 year 1994—

17 (1) maintain at Saint Ignace, Michigan, the of18 fice known as the Marine Inspection Office, which

19 shall perform the functions which were performed by

20 that office on May 20, 1993; and

21 (2) maintain 4 billets at that office.

22 SEC. 314. CAPE COD LIGHTHOUSE PLANNING AND DESIGN

23 STUDIES.

24 (a) COMPLETION OF STUDIES.—
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1 (1) PLANNING.—Not later than 6 months after

2 the date of enactment of this Act, the Secretary of

3 Transportation and the Secretary of the Interior

4 shall complete the necessary planning studies, in5 cluding selection of a relocation site, identified in the

6 Coast Guard’s strategy document for relocation of

7 the Cape Cod Lighthouse (popularly known as the

8 ‘‘Highland Light Station’’), located in North Truro,

9 Massachusetts.

10 (2) DESIGN.—Not later than 18 months after

11 the date of enactment of this Act, the Secretary of

12 Transportation shall complete the design studies

13 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

16 appropriated under the authority of this Act for acquisi17 tion, construction, rebuilding, and improvement, the Sec18 retary of Transportation may use up to $600,000 for con19 ducting the studies required under subsection (a).

20 SEC. 315. LOWER COLUMBIA RIVER MARINE FIRE AND

21 SAFETY ACTIVITIES.

22 The Secretary of Transportation is authorized to ex23 pend out of the amounts appropriated for the Coast Guard

24 for fiscal year 1994 not more than $421,700, for fiscal

25 year 1995 not more than $358,300, and for fiscal year
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1 1996 not more than $300,000 for the lower Columbia

2 River marine, fire, oil, and toxic spill response communica3 tions, training, equipment, and program administration

4 activities conducted by the Marine Fire and Safety

5 Association.

6 SEC. 316. TRANSFER OF LIGHTHOUSES.

7 (a) AUTHORITY TO TRANSFER.—

8 (1) IN GENERAL.—The Secretary may convey

9 by any appropriate means to the Washington State

10 Parks and Recreation Commission all right, title,

11 and interest of the United States in and to property

12 comprising 1 or more of the Cape Disappointment

13 Lighthouse, North Head Lighthouse, and Point Wil14 son Lighthouse.

15 (2) IDENTIFICATION OF PROPERTY.—The Sec16 retary may identify, describe, and determine prop17 erty conveyed pursuant to this section.

18 (b) TERMS AND CONDITIONS.—

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

20 pursuant to subsection (a) shall be made—

21 (A) without the payment of consideration;

22 and

23 (B) subject to such terms and conditions

24 as the Secretary may consider appropriate.
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1 (2) REVERSIONARY INTEREST.—In addition to

2 any term or condition established pursuant to para3 graph (1), any conveyance of property comprising

4 Cape Disappointment Lighthouse, North Head

5 Lighthouse, or Point Wilson Lighthouse pursuant to

6 this section shall be subject to the condition that all

7 right, title, and interest in and to the property so

8 conveyed shall immediately revert to the United

9 States if the property, or any part thereof—

10 (A) ceases to be used as a center for public

11 benefit for the interpretation and preservation

12 of maritime history;

13 (B) ceases to be maintained in a manner

14 that ensures its present or future use as a

15 Coast Guard aid to navigation; or

16 (C) ceases to be maintained in a manner

17 consistent with the provisions of the National

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

19 470 et seq.).

20 (3) REQUIRED CONDITIONS.—Any conveyance

21 of property pursuant to this section shall be made

22 subject to such conditions as the Secretary considers

23 to be necessary to assure that—

24 (A) the lights, antennas, and associated

25 equipment located on the property conveyed,
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1 which are active aids to navigation, shall con2 tinue to be operated and maintained by the

3 United States;

4 (B) the Washington State Parks and

5 Recreation Commission may not interfere or

6 allow interference in any manner with such aids

7 to navigation without express written permis8 sion from the Secretary of Transportation;

9 (C) there is reserved to the United States

10 the right to relocate, replace, or add any aids

11 to navigation or make any changes on any por12 tion of such property as may be necessary for

13 navigation purposes;

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

15 at any time, to enter such property without no16 tice for the purpose of maintaining aids to

17 navigation;

18 (E) the United States shall have an ease19 ment of access to such property for the purpose

20 of maintaining the aids to navigation in use on

21 the property; and

22 (F) the property shall be rehabilitated and

23 maintained by the owner in accordance with the

24 provisions of the National Historic Preservation

25 Act of 1966 (16 U.S.C. 470 et seq.).
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1 (4) MAINTENANCE OF CERTAIN EQUIPMENT

2 NOT REQUIRED.—The Washington State Parks and

3 Recreation Commission shall not have any obligation

4 to maintain any active aid to navigation equipment

5 on property conveyed pursuant to this section.

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

7 term—

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

9 the Coast Guard lighthouse located at Fort Canby

10 State Park, Washington, including—

11 (A) the lighthouse, excluding any lantern

12 or lens that is the personal property of the

13 Coast Guard; and

14 (B) such land as may be necessary to en15 able the Washington State Parks and Recre16 ation Commission to operate at that lighthouse

17 a center for public benefit for the interpretation

18 and preservation of the maritime history;

19 (2) ‘‘North Head Lighthouse’’ means the Coast

20 Guard lighthouse located at Fort Canby State Park,

21 Washington, including—

22 (A) the lighthouse, excluding any lantern

23 or lens that is the personal property of the

24 Coast Guard;

25 (B) ancillary buildings; and
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1 (C) such land as may be necessary to en2 able the Washington State Parks and Recre3 ation Commission to operate at that lighthouse

4 a center for public benefit for the interpretation

5 and preservation of maritime history;

6 (3) ‘‘Point Wilson Lighthouse’’ means the

7 Coast Guard lighthouse located at Fort Worden

8 State Park, Washington, including—

9 (A) the lighthouse, excluding any lantern

10 or lens that is the personal property of the

11 Coast Guard;

12 (B) 2 ancillary buildings; and

13 (C) such land as may be necessary to en14 able the Washington State Parks and Recre15 ation Commission to operate at that lighthouse

16 a center for public benefit for the interpretation

17 and preservation of maritime history; and

18 (4) ‘‘Secretary’’ means the Secretary of the de19 partment in which the Coast Guard is operating.

20 SEC. 317. CASS RIVER.

21 Subtitle II of title 46, United States Code, relating

22 only to vessel inspection and manning, shall not apply to

23 a vessel operating on the date of enactment of this Act

24 on the Cass River above the dam at Frankenmuth, Michi25 gan (locally known as the Hubinger Dam) which is in-
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1 spected and licensed by the State of Michigan to carry

2 passengers.

3 SEC. 318. SENSE OF THE CONGRESS REGARDING FUNDING

4 FOR COAST GUARD.

5 It is the sense of the Congress that in appropriating

6 amounts for the Coast Guard, the Congress should appro7 priate amounts adequate to enable the Coast Guard to

8 carry out all extraordinary functions and duties the Coast

9 Guard is required to undertake in addition to its normal

10 functions established by law.

11 SEC. 319. MERCHANT MARINER QUALIFIED SERVICE.

12 Part G of Subtitle II, title 46, United States Code,

13 is amended by adding the following new chapter:

14 ‘‘CHAPTER 112—MERCHANT MARINER

15 QUALIFIED SERVICE

‘‘Sec.

‘‘11201. General.

‘‘11202. Qualified service benefits.

‘‘11203. Processing fees.

‘‘11204. Definitions.

16 ‘‘§ 11201. General

17 ‘‘An individual who served as a member of the United

18 States merchant marine between December 7, 1941, and

19 December 31, 1946, was engaged in qualified service for

20 purposes of this chapter if during that period the person

21 was—
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1 ‘‘(1) licensed or otherwise documented by an of2 ficer or employee of the United States authorized to

3 do so; and

4 ‘‘(2) a crewmember of a vessel that at the time

5 of such service was—

6 ‘‘(A) documented in the United States;

7 ‘‘(B) operated in waters other than inland

8 waters of the United States;

9 ‘‘(C) under contract, charter to, or prop10 erty of, the Government of the United States;

11 and

12 ‘‘(D) serving the Armed Forces.

13 ‘‘§ 11202. Qualified service benefits

14 ‘‘(a) An individual who meets the requirements for

15 qualified service under section 11201 may apply to the

16 Secretary for benefits provided to an individual under sec17 tion 401(a)(1)(A) of the Act.

18 ‘‘(b) When the Secretary determines that an individ19 ual meets the requirements for qualified service under sec20 tion 11201, the Secretary shall notify the Secretary of

21 Defense.

22 ‘‘(c) Not later than one year after the individual has

23 applied for benefits under subsection (a), the Secretary of

24 Defense shall issue an honorable discharge to the individ25 ual described in subsection (b) whose qualified service war-
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1 rants an honorable discharge under section 401(a)(1)(B)

2 of the Act.

3 ‘‘(d) The Secretary of Transportation shall pay for

4 any benefits that an individual receives under this chapter.

5 The Secretary may not pay for benefits for any period

6 prior to the date of enactment of this chapter.

7 ‘‘§ 11203. Processing fees

8 ‘‘(a) The Secretary shall establish, assess, and collect

9 a fee for processing applications for benefits under section

10 11202.

11 ‘‘(b) A fee established under this section applies to

12 an application that the Secretary receives after the enact13 ment of this Act for a benefit, including an increase in

14 a benefit, under section 11202.

15 ‘‘(c) The amount of a fee established under this sec16 tion is $30.

17 ‘‘§ 11204. Definitions

18 ‘‘In this chapter—

19 ‘‘(1) ‘the Act’ means the GI Bill Improvement

20 Act of 1977.

21 ‘‘(2) ‘United States merchant marine’ includes

22 the United States Army Transport Service.’’.

23 SEC. 320. COMPLIANCE WITH BUY AMERICAN ACT.

24 No funds appropriated pursuant to this Act may be

25 expended by an entity unless the entity agrees that in ex-
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1 pending the assistance the entity will comply with sections

2 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

3 10c, popularly known as the ‘‘Buy American Act’’).

4 SEC. 321. SENSE OF CONGRESS; REQUIREMENT REGARD5 ING NOTICE.

6 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

7 AND PRODUCTS.—In the case of any equipment or prod8 ucts that may be authorized to be purchased with financial

9 assistance provided under this Act, it is the sense of the

10 Congress that entities receiving such assistance should, in

11 expending the assistance, purchase only American-made

12 equipment and products.

13 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

14 providing financial assistance under this Act, the head of

15 each Federal agency shall provide to each recipient of the

16 assistance a notice describing the statement made in sub17 section (a) by the Congress.

18 SEC. 322. PROHIBITION OF CONTRACTS.

19 If it is finally determined by a court or Federal agen20 cy that a person intentionally affixed a label bearing a

21 ‘‘Made in America’’ inscription, or any inscription with the

22 same meaning, to any product sold in or shipped to the

23 United States that is not made in the United States, such

24 person shall be determined to be ineligible to receive any

25 contract or subcontract made with funds provided pursu-
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1 ant to this Act, pursuant to the debarment, suspension,

2 and ineligibility procedures described in sections 9.400

3 through 9.409 of title 48, Code of Federal Regulations.

Passed the House of Representatives July 30, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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