IB
Union Calendar No. 388
103D CONGRESS
2D SESSION
H. R. 4422
[Report No. 103–706]
To authorize appropriations for fiscal year 1995 for the Coast Guard, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 12, 1994
Mr. TAUZIN (for himself, Mr. STUDDS, Mr. FIELDS of Texas, and Mr. COBLE)
introduced the following bill; which was referred to the Committee on
Merchant Marine and Fisheries
AUGUST 16, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 12, 1994]
A BILL
To authorize appropriations for fiscal year 1995 for the
Coast Guard, and for other purposes.
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 1994’’.
TITLE I—AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary
expenses of the Coast Guard for fiscal year 1995, as follows:
(1) For the operation and maintenance of the
Coast Guard, $2,630,505,000, of which $25,000,000
shall be derived from the Oil Spill Liability Trust
Fund.
(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, $439,200,000, to remain avail-
able until expended, of which $32,500,000 shall be de-
rived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors di-
rectly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
fense readiness, $20,310,000, to remain available
until expended, of which—
(A) $3,150,000 shall be derived from the Oil
Spill Liability Trust Fund; and
(B) $1,500,000 is authorized to conduct, in
cooperation with appropriate Federal and State
agencies, local maritime education organizations,
and local marine industry representatives, a
demonstration project on the lower Mississippi
River and in the Houston Ship Channel to study
the effectiveness of currently available Electronic
Chart 
Display 
and 
Information 
Systems
(ECDIS) and Electronic Chart Systems (ECS)
for use on commercial vessels.
(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, $562,585,000.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting ob-
structions to navigation, and for personnel and ad-
ministrative costs associated with the Bridge Alter-
ation Program, $13,000,000, to remain available
until expended.
(6) For environmental compliance and restora-
tion at Coast Guard facilities, $25,000,000, to remain
available until expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH
AND TRAINING.
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is
authorized an end-of-year strength for active duty personnel
of 39,000 as of September 30, 1995. The authorized strength
does not include members of the Ready Reserve called to
active duty for special or emergency augmentation of regu-
lar Coast Guard forces for periods of 180 days or less.
(b) MILITARY TRAINING STUDENT LOADS.—For fiscal
year 1995, the Coast Guard is authorized average military
training student loads as follows:
(1) For recruit and special training, 2,000 stu-
dent years.
(2) For flight training, 133 student years.
(3) For professional training in military and ci-
vilian institutions, 344 student years.
(4) For officer acquisition, 955 student years.
SEC. 103. DRUG INTERDICTION ACTIVITIES.
In addition to amounts otherwise authorized by this
Act, there are authorized to be appropriated to the Secretary
of Transportation for operation and maintenance expenses
of Coast Guard drug interdiction activities $21,000,000 for
fiscal year 1995.
TITLE II—PERSONNEL
MANAGEMENT IMPROVEMENT
SEC. 201. HURRICANE ANDREW RELIEF.
Section 2856 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484) applies to
the military personnel of the Coast Guard who were as-
signed to, or employed at or in connection with, any Fed-
eral facility or installation in the vicinity of Homestead
Air Force Base, Florida, including the areas of Broward,
Collier, Dade, and Monroe Counties, on or before August
24, 1992, except that—
(1) funds available to the Coast Guard, not to
exceed a total of $25,000, shall be used; and
(2) the Secretary of Transportation shall admin-
ister that section with respect to such personnel.
SEC. 202. DISSEMINATION OF RESULTS OF 0–6 CONTINU-
ATION BOARDS.
Section 289(f) of title 14, United States Code, is
amended by striking ‘‘Upon approval by the President, the
names of the officers selected for continuation on active duty
by the board shall be promptly disseminated to the service
at large.’’.
SEC. 205. PROVISION OF CHILD DEVELOPMENT SERVICES.
(a) IN GENERAL.—Title 14, United States Code, is
amended by inserting after section 514 the following new
section:
‘‘§ 515. Child development services
‘‘(a) The Commandant may make child development
services available for members and civilian employees of the
Coast Guard, and thereafter as space is available for mem-
bers of the Armed Forces and Federal civilian employees.
Child development services benefits provided under this sec-
tion shall be in addition to benefits provided under other
laws.
‘‘(b)(1) Except as provided in paragraph (2), the Com-
mandant may require that amounts received as fees for the
provision of child development services under this section
at Coast Guard child development centers be used only for
compensation of Coast Guard child development center em-
ployees who are directly involved in providing child care.
‘‘(2) If the Commandant determines that compliance
with the limitation in paragraph (1) would result in an
uneconomical and inefficient use of amounts received as
such fees, the Commandant may (to the extent that such
compliance would be uneconomical and inefficient) use such
amounts—
‘‘(A) for the purchase of consumable or dispos-
able items for Coast Guard child development centers;
and
‘‘(B) if the requirements of such centers for
consumable or disposable items for a given fiscal year
have been met, for other expenses of those centers.
‘‘(c) The Commandant may use Department of Defense
or other training programs to insure that all child develop-
ment services providers under this section meet minimum
standards.
‘‘(d) The Commandant may provide assistance to
members and civilian employees of the Coast Guard for ob-
taining services of qualified family home child development
services providers. The cost per child to the Coast Guard
of obtaining those services may not exceed the average of
the cost per child incurred by the Coast Guard for child
development services provided at all Coast Guard child de-
velopment centers.
‘‘(e)(1) Of the amounts available to the Coast Guard
each fiscal year for operating expenses (and in addition to
amounts received as fees), the Secretary shall use for child
development services under this section an amount equal
to the total amount the Commandant estimates will be re-
ceived by the Coast Guard in the fiscal year as fees for the
provision of those services.
‘‘(2) The amount of funds used under paragraph (1)
each fiscal year shall not exceed $1,000,000.
‘‘(f) For purposes of this section, the term ‘Coast Guard
child development center’ does not include a child care serv-
ices facility for which space is allotted under section 616
of the Act of December 22, 1987 (40 U.S.C. 490b).
‘‘(g) The Secretary shall promulgate regulations to im-
plement this section. The regulations shall establish fees to
be charged for child development services provided under
this section which are based on total family income.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 13 of title 14, United States Code,
is amended by inserting after the item related to section
514 the following:
‘‘515. Child development services.’’.
TITLE III—NAVIGATION SAFETY
AND 
WATERWAY 
SERVICES
MANAGEMENT
SEC. 301. FOREIGN PASSENGER VESSEL USER FEES.
Section 3303 of title 46, United States Code, is
amended—
(1) in subsection (a) by striking ‘‘(a) Except as’’
and inserting ‘‘Except as’’; and
(2) by striking subsection (b).
SEC. 302. DOCUMENTATION VIOLATIONS.
(a) CIVIL PENALTIES.—Section 12122(a) of title 46,
United States Code, is amended by striking ‘‘$500’’ and in-
serting ‘‘$25,000’’.
(b) SEIZURE AND FORFEITURE.—
(1) IN GENERAL.—Section 12122(b) of title 46,
United States Code, is amended to read as follows:
‘‘(b) A vessel and its equipment are liable to seizure
by and forfeiture to the United States Government, if—
‘‘(1) the owner of the vessel or a representative
or agent of the owner knowingly falsifies or conceals
a material fact, or makes a false statement or rep-
resentation about the documentation or in applying
for documentation of the vessel;
‘‘(2) a certificate of documentation is knowingly
and fraudulently used for the vessel;
‘‘(3) the vessel is operated after its endorsement
has been denied or revoked under section 12123 of this
title;
‘‘(4) the vessel is employed in a trade without an
appropriate trade endorsement; or
‘‘(5) in the case of a documented vessel with only
a recreational endorsement, the vessel is operated
other than for pleasure.’’.
(2) 
CONFORMING
AMENDMENT.—Section
12122(c) of title 46, United States Code, is repealed.
(c) LIMITATION
ON OPERATION
OF VESSEL WITH
ONLY RECREATIONAL ENDORSEMENT.—Section 12110(c) of
title 46, United States Code, is repealed.
(d) TERMINATION OF RESTRICTION ON COMMAND OF
RECREATIONAL VESSELS.—
(1) TERMINATION OF RESTRICTION.—Subsection
(d) of section 12110 of title 46, United States Code,
is amended—
(A) by inserting ‘‘, other than a vessel with
only a recreational endorsement operating with-
in the territorial waters of the United States,’’
after ‘‘A documented vessel’’; and
(B) by redesignating that subsection as sub-
section (c).
(2) 
CONFORMING
AMENDMENT.—Section
12111(a)(2) of title 46, United States Code, is amend-
ed by inserting before the period the following: ‘‘in
violation of section 12110(c) of this title’’.
SEC. 303. CLERICAL AMENDMENT.
Chapter 121 of title 46, United States Code, is
amended—
(1) by striking the first section 12123; and
(2) in the table of sections at the beginning of the
chapter by striking the first item relating to section
12123.
SEC. 304. BATON ROUGE RESCUE AND PATROL VESSEL.
Beginning not later than 60 days after the date of the
enactment of this Act, the Commandant of the Coast Guard
shall operate a rescue and patrol vessel on the Mississippi
River in the vicinity of Baton Rouge, Louisiana, to support
Coast Guard rescue, law enforcement, marine safety, ma-
rine environmental protection, and port security missions.
SEC. 305. FLORIDA AVENUE BRIDGE.
For purposes of the alteration of the Florida Avenue
Bridge (located approximately 1.63 miles east of the Mis-
sissippi River on the Gulf Intracoastal Waterway in Orle-
ans Parish, Louisiana) ordered by the Secretary of Trans-
portation under the Act of June 21, 1940 (33 U.S.C. 511
et seq.; popularly known as the Truman-Hobbs Act), the
Secretary shall treat the drainage siphon that is adjacent
to the bridge as an appurtenance of the bridge, including
with respect to apportionment and payment of costs for the
removal of the drainage siphon in accordance with that Act.
SEC. 306. RENEWAL OF HOUSTON-GALVESTON NAVIGATION
SAFETY ADVISORY COMMITTEE AND LOWER
MISSISSIPPI 
RIVER 
WATERWAY 
ADVISORY
COMMITTEE.
The Coast Guard Authorization Act of 1991 (Public
Law 102–241, 105 Stat. 2208–2235) is amended—
(1) in section 18 by adding at the end the follow-
ing:
‘‘(h) The Committee shall terminate on October 1,
1999.’’; and
(2) in section 19 by adding at the end the follow-
ing:
‘‘(g) The Committee shall terminate on October 1,
1999.’’.
SEC. 307. LIMITATION ON CONSOLIDATION OF HOUSTON
AND GALVESTON MARINE SAFETY OFFICES.
The Secretary of Transportation may not consolidate
the Coast Guard Marine Safety Offices in Galveston, Texas,
and Houston, Texas.
SEC. 308. RESPONSE EXERCISE PROGRAM AT MASSACHU-
SETTS MARITIME ACADEMY.
(a) TRANSFER.—Within 30 days after the date of en-
actment of this Act, the Coast Guard shall transfer to the
Massachusetts Maritime Academy $500,000 to continue the
oil spill simulator activities at the Academy.
(b) DESIGNATION OF CENTER AS REGIONAL FACIL-
ITY.—The Coast Guard shall designate the Center for Ma-
rine Environmental Protection and Safety at the Massachu-
setts Maritime Academy as a regional facility for the con-
duct and evaluation of annual response area management
team exercises for two response areas in the East Coast in
accordance with the Preparedness for Response Exercise
Program established by the Coast Guard.
SEC. 
309. 
PROHIBITION 
ON 
DECOMMISSIONING 
ICE-
BREAKER MACKINAW.
(a) PROHIBITION.—The Secretary of Transportation
may not decommission the Coast Guard cutter MACKINAW
until the later of—
(1) 1 year after transmitting to the Congress the
report required under subsection (d); or
(2) October 1, 1995.
(b) REQUIREMENT TO MAINTAIN BILLETS.—The Sec-
retary shall during fiscal year 1995 maintain on the Coast
Guard cutter MACKINAW the same number of billets as
were maintained on that vessel during fiscal year 1994.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary of Transpor-
tation $4,500,000 for fiscal year 1995, to remain available
until expended, for operations and maintenance of the Coast
Guard cutter MACKINAW.
(d) STUDY AND REPORT.—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 containing findings and recommendations
on the icebreaking needs of the Great Lakes and the appro-
priate size and type of vessel or vessels to meet those needs.
In conducting the study, the Secretary shall—
(1) consult with—
(A) Great Lakes carriers, shippers, and port
authorities, including the Lake Carriers Associa-
tion;
(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);
(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;
(5) evaluate the feasibility of operating the Coast
Guard icebreaker MACKINAW on a seasonal basis;
(6) evaluate the feasibility of building an ice-
strengthened Juniper Class buoy tender to replace the
icebreaking services performed by the MACKINAW;
and
(7) evaluate the feasibility of entering into a
long-term contract for icebreaking services to replace
the icebreaking services performed by the MACKI-
NAW.
(e) AUTHORIZATION
FOR
RECOMMENDATIONS.—If,
after transmitting the report required in subsection (d), the
Secretary determines that—
(1) in addition to previously authorized Juniper
Class buoy tenders, building an ice-strengthened Juni-
per Class buoy tender is the most feasible means of
providing icebreaking service on the Great Lakes, the
Secretary may, subject to the availability of appro-
priations, enter into a contract for the construction of
an ice-strengthened Juniper Class buoy tender; or
(2) entering into a long-term contract for
icebreaking services is the most feasible means of pro-
viding icebreaking services on the Great Lakes, the
Secretary may, subject to the availability of appro-
priations, enter into such a long-term contract.
SEC. 310. REQUIREMENT TO OPERATE USCGC TACKLE IN
CRISFIELD, MARYLAND.
The Secretary of Transportation shall continue to op-
erate the USCGC TACKLE (WYTL 65604) in the vicinity
of Crisfield, Maryland, until October 1, 1995.
SEC. 311. BUY AMERICAN REQUIREMENT FOR SURFACE
SEARCH RADAR SYSTEMS.
Notwithstanding any other law, at least 51 percent of
the components of surface search radar systems for Coast
Guard vessels shall be manufactured in the United States,
provided the United States manufacturer offers the Coast
Guard a competitive price.
SEC. 312. CONVEYANCE OF PROPERTY.
(a) REQUIREMENT.—The Secretary of Transportation
(or any other official having control over the property de-
scribed in subsection (b)) shall expeditiously convey to the
Traverse City Area Public School District in Traverse City,
Michigan, without consideration, all right, title, and inter-
est of the United States in and to the property described
in subsection (b), subject to all easements and other interests
in the property held by any other person.
(b) PROPERTY DESCRIBED.—The property referred to
in subsection (a) is a parcel of land consisting of approxi-
mately 27.10 acres identified by the Traverse City School
District in the northwest corner of the Coast Guard Air Sta-
tion at Traverse City, Michigan.
(c) REVERSIONARY INTEREST.—In addition to any
term or condition established pursuant to subsection (a),
any conveyance of property described in subsection (b) shall
be subject to the condition that all right, title, and interest
in and to the property so conveyed shall immediately revert
to the United States if the property, or any part thereof,
ceases to be used by the Traverse City School District.
TITLE IV—MISCELLANEOUS
SEC. 401. SPECIAL RECRUITING AUTHORITY TO ACHIEVE
DIVERSITY.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Women and minorities have historically been
underrepresented in the Coast Guard officer corps and
at the United States Coast Guard Academy.
(2) The number of women and minorities occu-
pying leadership positions in the United States Coast
Guard should reflect the proportion of women and
minorities in the total population.
(3) Notwithstanding application of traditional
recruiting programs, the Coast Guard has not been
able to rectify the historic underrepresentation of
women and minorities in the service and at the Acad-
emy.
(4) Cultural bias in standardized testing or
grading procedures may adversely affect the ability of
minorities to compete successfully for admission to the
United States Coast Guard Academy.
(5) The education and professional training pro-
vided at the United States Coast Guard Academy will