IB
Union Calendar No. 81
103D CONGRESS
1ST SESSION
H. R. 2150
[Report No. 103–146]
To authorize appropriations for fiscal year 1994 for the United States Coast
Guard, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 19, 1993
Mr. TAUZIN (for himself, Mr. STUDDS, Mr. COBLE, and Mr. FIELDS of Texas)
introduced the following bill; which was referred to the Committee on
Merchant Marine and Fisheries
JUNE 21, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 19, 1993]
A BILL
To authorize appropriations for fiscal year 1994 for the
United States Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Authoriza-
tion Act of 1993’’.
TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary
expenses of the Coast Guard for fiscal year 1994, as follows:
(1) For the operation and maintenance of the
Coast Guard, $2,612,552,200, of which $25,000,000
shall be derived from the Oil Spill Liability Trust
Fund, and of which $35,000,000 shall be expended
from the Boat Safety Account.
(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and off-
shore facilities, vessels, and aircraft, including equip-
ment related thereto, $417,996,500, to remain avail-
able until expended, of which $23,030,000 shall be de-
rived from the Oil Spill Liability Trust Fund.
(3) For research, development, test, and evalua-
tion, in support of search and rescue, aids to naviga-
tion, marine safety, marine environmental protection,
enforcement of laws and treaties, ice operations, and
defense readiness, $25,000,000, to remain available
until expended, of which $4,457,000 shall be derived
from the Oil Spill Liability Trust Fund.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Benefit
Plans, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title
10, United States Code, $548,774,000.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting ob-
structions to navigation associated with the Bridge
Alteration Program, $12,940,000 to remain available
until expended.
(6) For environmental compliance and restora-
tion at Coast Guard facilities, $23,057,000, to remain
available until expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH
AND TRAINING.
(a) As of September 30, 1994, the Coast Guard is au-
thorized an end-of-year strength for active duty personnel
of 39,138. The authorized strength does not include members
of the Ready Reserve called to active duty for special or
emergency augmentation of regular Coast Guard forces for
periods of 180 days or less.
(b) For fiscal year 1994, the Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training, 1,986 stu-
dent years.
(2) For flight training, 114 student years.
(3) For professional training in military and ci-
vilian institutions, 338 student years.
(4) For officer acquisition, 955 student years.
TITLE II—PERSONNEL
MANAGEMENT IMPROVEMENT
SEC. 201. CEILING ON OFFICER CORPS.
Subsection (a) of section 42 of title 14, United States
Code, is amended by striking ‘‘6,000’’ and inserting
‘‘6,200’’.
SEC. 202. VOLUNTEER SERVICES.
Section 93 of title 14, United States Code, is amended
by—
(1) striking ‘‘and’’ at the end of paragraph (r);
(2) striking the period at the end of paragraph
(s) and inserting ‘‘; and’’; and
(3) adding at the end the following new sub-
section:
‘‘(t) Notwithstanding any other law, enter into cooper-
ative agreements with States, local governments, nongovern-
mental organizations, and individuals, to accept and utilize
voluntary services for the maintenance and improvement
of natural and historic resources on, or to benefit natural
and historic research on, Coast Guard facilities, which co-
operative agreements shall each provide for the parties to
contribute funds or services on a matching basis to defray
the costs of such programs, projects, and activities under
the agreement.’’.
SEC. 203. RESERVE RETENTION BOARDS.
Section 741 of title 14, United States Code, is amend-
ed—
(1) in subsection (a) in the first sentence by
striking ‘‘and are not on active duty and not on an
approved list of selectees for promotion to the next
higher grade’’ and inserting the following: ‘‘, except
those officers who—
‘‘(1) are on extended active duty;
‘‘(2) are on a list of selectees for promotion;
‘‘(3) will complete 30 years total commissioned
service by June 30th following the date that the reten-
tion board is convened; or
‘‘(4) have reached age 59 by the date on which
the retention board is convened’’;
(2) in subsection (a) by moving the second sen-
tence so as to begin—
(A) immediately below paragraph (4) (as
added by paragraph (1) of this section); and
(B) flush with the left margin of the mate-
rial preceding paragraph (1);
(3) by designating the third sentence of sub-
section (a) as subsection (b) by—
(A) inserting ‘‘(b)’’ before ‘‘This board
shall—’’; and
(B) moving the third sentence so as to begin
immediately below the second sentence of sub-
section (a); and
(4) by redesignating the last 2 subsections as
subsections (c) and (d), respectively.
SEC. 204. BOARD FOR CORRECTION OF MILITARY RECORDS
DEADLINE.
(a) Ten months after a complete application for correc-
tion of military records is received by the Board for Correc-
tion of Military Records of the Coast Guard, administrative
remedies are deemed to have been exhausted, and—
(1) if the Board has rendered a recommended de-
cision, its recommendation shall be final agency ac-
tion and not subject to further review or approval
within the Department of Transportation; or
(2) if the Board has not rendered a recommended
decision, agency action is deemed to have been unrea-
sonably delayed or withheld and the applicant is enti-
tled to—
pointment and grade of the Chief of Staff shall be effective
on the date the officer assumes that duty, and shall termi-
nate on the date the officer is detached from that duty, ex-
cept as provided in section 51(d) of this title.’’.
(2) The table of sections at the beginning of chapter
3 of title 14, United States Code, is amended by inserting
after the item relating to section 50 the following:
‘‘50a. Chief of Staff.’’.
(c) Section 51 of title 14, United States Code, is
amended—
(1) in subsection (a) by striking ‘‘as Com-
mander, Atlantic Area, or Commander, Pacific Area’’
and inserting ‘‘in the grade of vice admiral’’; and
(2) in subsection (b) by striking ‘‘as Commander,
Atlantic Area, or Commander, Pacific Area’’ and in-
serting ‘‘in the grade of vice admiral’’.
(d) Section 290 of title 14, United States Code, is
amended—
(1) in subsection (a) by striking ‘‘or in the posi-
tion of Chief of Staff’’ in the second sentence;
(2) in subsection (f)(1) by striking ‘‘Chief of
Staff or’’; and
(3) in subsection (f)(2) by striking ‘‘Chief of
Staff or’’.
TITLE III—MISCELLANEOUS
SECTIONS
SEC. 301. NORTH ATLANTIC ROUTES.
Sections 3 and 5 of the Act of June 25, 1936 (49 Stat.
1922, 46 App. U.S.C. 738b and 738d), are repealed.
SEC. 302. COAST GUARD FAMILY HOUSING.
(a) IN GENERAL.—Chapter 17 of title 14, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 670. Procurement authority for family housing
‘‘(a) The Secretary is authorized—
‘‘(1) to acquire, subject to the availability of ap-
propriations sufficient to cover its full obligations,
real property or interests therein by purchase, lease
for a term not to exceed 5 years, or otherwise, for use
as Coast Guard family housing units, including the
acquisition of condominium units, which may include
the obligation to pay maintenance, repair, and other
condominium-related fees; and
‘‘(2) to dispose of by sale, lease, or otherwise, any
real property or interest therein used for Coast Guard
family housing units for adequate consideration.
‘‘(b)(1) For the purposes of this section, a multiyear
contract is a contract to lease Coast Guard family housing
units for at least one, but not more than 5, fiscal years.
‘‘(2) The Secretary may enter into multiyear contracts
under subsection (a) of this section whenever the Coast
Guard finds that—
‘‘(A) the use of a contract will promote the effi-
ciency of the Coast Guard family housing program
and will result in reduced total costs under the con-
tract; and
‘‘(B) there are realistic estimates of both the cost
of the contract and the anticipated cost avoidance
through the use of a multiyear contract.
‘‘(3) A multiyear contract authorized under subsection
(a) of this section shall contain cancellation and termi-
nation provisions to the extent necessary to protect the best
interests of the United States, and may include consider-
ation of both recurring and nonrecurring costs. The contract
may provide for a cancellation payment to be made.
Amounts that were originally obligated for the cost of the
contract may be used for cancellation or termination
costs.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 17, United States Code, is amended
by adding at the end the following:
‘‘670. Procurement authority for family housing.’’.
SEC. 303. AIR STATION CAPE COD IMPROVEMENTS.
(a) IN GENERAL.—Chapter 17 of title 14, United
States Code, is amended by adding after section 670 (as
added by section 302 of this Act) the following new section:
‘‘§ 671. Air Station Cape Cod improvements
‘‘The Secretary may expend funds for the repair, im-
provement, restoration, or replacement of those federally or
nonfederally owned support buildings, including appur-
tenances, which are on leased or permitted real property
constituting Coast Guard Air Station Cape Cod, located on
Massachusetts Military Reservation, Cape Cod, Massachu-
setts.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 17, United States Code, is amended
by adding after the item relating to section 670 (as added
by section 302 of this Act) the following:
‘‘671. Air Station Cape Cod improvements.’’.
SEC. 304. LONG-TERM LEASE AUTHORITY FOR AIDS TO
NAVIGATION.
(a) Chapter 17 of title 14, United States Code, is
amended by adding after section 671 (as added by section
303 of this Act) the following new section:
‘‘§ 672. Long-term lease authority for navigation and
communications systems sites
‘‘(a) The Secretary is authorized, subject to the avail-
ability of appropriations, to enter into lease agreements to
acquire real property or interests therein for a term not
to exceed 20 years, inclusive of any automatic renewal
clauses, for aids to navigation (hereafter in this section re-
ferred to as ‘ATON’) sites, vessel traffic service (hereafter
in this section referred to as ‘VTS’) sensor sites, or National
Distress System (hereafter in this section referred to as
‘NDS’) high level antenna sites. These lease agreements shall
include cancellation and termination provisions to the ex-
tent necessary to protect the best interests of the United
States. Cancellation payment provisions may include con-
sideration of both recurring and nonrecurring costs associ-
ated with the real property interests under the contract.
These lease agreements may provide for a cancellation pay-
ment to be made. Amounts that were originally obligated
for the cost of the contract may be used for cancellation
or termination costs.
‘‘(b) The Secretary may enter into multiyear lease
agreements under subsection (a) of this section whenever the
Secretary finds that—
‘‘(1) the use of such a lease agreement will pro-
mote the efficiency of the ATON, VTS, or NDS pro-
grams and will result in reduced total costs under the
agreement;
‘‘(2) the minimum need for the real property or
interest therein to be leased is expected to remain sub-
stantially unchanged during the contemplated lease
period; and
‘‘(3) the estimates of both the cost of the lease
and the anticipated cost avoidance through the use of
a multiyear lease are realistic.’’.
(b) The table of sections at the beginning of chapter
17 of title 14, United States Code, is amended by adding
after the item relating to section 671 (as added by section
303 of this Act) the following:
‘‘672. Long-term lease authority for navigation and communications systems
sites.’’.
SEC. 
305. 
AUTHORITY 
FOR 
EDUCATIONAL 
RESEARCH
GRANTS.
(a) IN GENERAL.—Chapter 9 of title 14, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 196. Participation in Federal, State, or other edu-
cational research grants
‘‘Notwithstanding any other provision of law, the
United States Coast Guard Academy may compete for and
accept Federal, State, or other educational research grants,
subject to the following limitations:
‘‘(1) No award may be accepted for the acquisi-
tion or construction of facilities.
‘‘(2) No award may be accepted for the routine
functions of the Academy.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 9 of title 14, United States Code,
is amended by adding at the end the following:
‘‘196. Participation in Federal, State, or other educational research grants.’’.
SEC. 306. PREPOSITIONED OIL SPILL CLEANUP EQUIP-
MENT.
The Secretary of Transportation is authorized to ex-
pend out of amounts appropriated for acquisition, construc-
tion, and improvement that are derived from the Oil Spill
Liability Trust Fund for fiscal year 1994—
(1) $890,000 to acquire and preposition oil spill
response equipment at Port Arthur, Texas, and
(2) $890,000 to acquire and preposition oil spill
response equipment at Helena, Arkansas, subject to
the Secretary determining that adequate storage and
maintenance facilities are available.
SEC. 307. SHORE FACILITIES IMPROVEMENTS AT COAST
GUARD STATION LITTLE CREEK, VIRGINIA.
(a) The Secretary of Transportation, subject to the
availability of appropriations, may at Coast Guard Station
Little Creek, Virginia—
(1) construct a 2-story station building with
operational, administrative, and living spaces;
(2) construct a 180-foot long pier for Coast
Guard patrol boats;
(3) construct a boat ramp; and
(4) strengthen a waterfront bulkhead.
(b) Funds necessary to carry out this section are au-
thorized to be appropriated for fiscal years 1994, 1995, and
1996.
SEC. 308. OIL SPILL TRAINING SIMULATOR.
The Secretary of Transportation is authorized to ex-
pend out of the amounts appropriated for fiscal year 1994
for acquisition, construction, and improvement that are de-
rived from the Oil Spill Liability Trust Fund not more
than $1,250,000 to the New York Maritime College of the
State of New York to purchase a marine oil spill manage-
ment simulator.
SEC. 309. GULF OF MEXICO REGIONAL FISHERIES LAW EN-
FORCEMENT TRAINING CENTER.
The Coast Guard shall establish the Gulf of Mexico Re-
gional Fisheries Law Enforcement Training Center in the
Eighth Coast Guard District in Southeastern Louisiana.
The purpose of the Gulf of Mexico Regional Fisheries Law
Enforcement Training Center shall be to increase the skills
and training of Coast Guard fisheries law enforcement per-
sonnel and to ensure that such training considers and meets
the unique and complex needs and demands of the fisheries
of the Gulf of Mexico.
SEC. 310. OIL SPILL PREVENTION AND RESPONSE TECH-
NOLOGY TEST AND EVALUATION PROGRAM.
(a) Not later than 6 months after the date of enactment
of this Act, the Secretary of Transportation shall establish
a program to evaluate the technological feasibility and envi-
ronmental benefits of having tank vessels carry oil spill pre-
vention and response technology. To implement the pro-
gram the Secretary shall—
(1) publish in the Federal Register an invitation
for submission of proposals including plans and pro-
cedures for testing; and
(2) review and evaluate technology using, to the
maximum extent possible, existing evaluation and
performance standards.
(b) The Secretary shall, to the maximum extent pos-
sible, incorporate in the program established in subsection
(a), the results of existing studies and evaluations of oil spill
prevention and response technology carried on tank vessels.
(c) Not later than 2 years after the date of the enact-
ment of this Act, the Secretary shall evaluate the results
of the program established in subsection (a) and submit a
report to Congress with recommendations on the feasibility
and environmental benefits of, and appropriate equipment
and utilization standards for, requiring tank vessels to
carry oil spill prevention and response equipment.
(d) Not later than 6 months after the date of the enact-
ment of this Act, the Secretary shall evaluate and report
to the Congress on the feasibility of using segregated ballast
tanks for emergency transfer of cargo and storage of recov-
ered oil.
SEC. 311. UNMANNED SEAGOING BARGES.
Section 3302 of title 46, United States Code, is amend-
ed by adding at the end the following:
‘‘(m) A seagoing barge is not subject to inspection
under section 3301(6) of this title if the vessel is unmanned
and does not carry—
‘‘(1) a hazardous material as cargo; or
‘‘(2) a flammable or combustible liquid, includ-
ing oil, in bulk.’’.
SEC. 
312. 
PROHIBITION 
ON 
DECOMMISSIONING 
ICE-
BREAKER MACKINAW.
(a) The Secretary of Transportation may not decom-
mission the Coast Guard cutter MACKINAW until the later
of—
(1) 1 year after transmitting to the Congress the
report required under subsection (c); or
(2) October 1, 1994.
(b) There is authorized to be appropriated to the Sec-
retary of Transportation $1,600,000 for fiscal year 1994,
to remain available until expended, for operations and
maintenance of the Coast Guard cutter MACKINAW.
(c) Not later than 6 months after the date of enactment
of this Act, the Secretary of Transportation shall conduct
a study and submit a report to the Congress on the
icebreaking needs of the Great Lakes and the appropriate
size and type of vessel or vessels to meet those needs. In
conducting this study, the Secretary shall—
(1) consult with—
(A) Great Lakes shippers, including the
Lake Carriers Association;
(B) the Great Lakes Commission;
(C) the Governors of States bordering the
Great Lakes;
(D) local governments in States bordering
the Great Lakes; and
(E) interested private persons;
(2) determine the average and maximum ice con-
ditions in the Great Lakes over the past 10 years;
(3) determine the size and type of vessel or ves-
sels necessary to clear shipping channels in the aver-
age and maximum ice conditions determined under
paragraph (2); and
(4) evaluate whether any Coast Guard vessel sta-
tioned on the Great Lakes, other than the MACKI-
NAW, can safely conduct search and rescue missions
in 25-foot seas.
SEC. 313. REQUIREMENT TO MAINTAIN COAST GUARD OF-
FICE AT SAINT IGNACE, MICHIGAN.
The Secretary of Transportation shall during fiscal
year 1994—
(1) maintain at Saint Ignace, Michigan, the of-
fice known as the Marine Inspection Office, which
shall perform the functions which were performed by
that office on May 20, 1993; and
(2) maintain 4 billets at that office.
SEC. 314. CAPE COD LIGHTHOUSE PLANNING AND DESIGN
STUDIES.
(a) COMPLETION OF STUDIES.—Not later than 12
months after the date of the enactment of this Act, the Sec-
retary of Transportation, in consultation with the Sec-
retary of the Interior, shall complete the necessary planning
and design studies identified in the Coast Guard’s strategy
document for the relocation of the Cape Cod Lighthouse
(popularly known as the ‘‘Highland Light Station’’), lo-
cated in North Truro, Massachusetts.
(b) USE OF AMOUNTS FOR STUDIES.—Of the amounts
appropriated under the authority of this Act for acquisi-
tion, construction, rebuilding, and improvement, the Sec-