I
103D CONGRESS
1ST SESSION
H. R. 2150
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
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 Author-
ization Act of 1993’’.
TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for nec-
essary expenses of the Coast Guard for fiscal year 1994,
as follows:
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(e) For alteration or removal of bridges over navi-
gable waters of the United States constituting obstruc-
tions to navigation associated with the Bridge Alteration
Program, $12,940,000, to remain available until ex-
pended.
(f) For environmental compliance and restoration 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
authorized an end-of-year strength for active duty person-
nel 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 one hundred and eighty days
or less.
(b) For fiscal year 1994, the Coast Guard is author-
ized 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.
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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 amend-
ed by—
(1) striking the word ‘‘and’’ at the end of sub-
section (r);
(2) striking the period at the end of subsection
(s) and inserting ‘‘; and’’; and
(3) adding the following new subsection:
‘‘(t)(1) notwithstanding any other provision of law,
enter into cooperative agreements, with States, local gov-
ernments, nongovernmental organizations, and individ-
uals, to accept and utilize voluntary services for the main-
tenance and improvement of natural and historic resources
on, or to benefit natural and historic research on, Coast
Guard facilities.
(2) A cooperative agreement under this subsection
shall 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.
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SEC. 203. RESERVE RETENTION BOARDS.
Section 741(a) of title 14, United States Code, is
amended by—
(1) deleting at the end of the first sentence the
following, ‘‘and are not on active duty and not on an
approved list of selectees for promotion to the next
higher grade’’ and inserting’’, except those officers
who—
‘‘(A) are on extended active duty;
‘‘(B) are on a list of selectees for pro-
motion;
‘‘(C) will complete 30 years total commis-
sioned service by June 30th following the date
that the retention board is convened; or
‘‘(D) have reached age 59 by the date on
which the retention board is convened’’.
(2) in the third sentence of subsection (a) in-
serting ‘‘(b)’’ before ‘‘This board shall—’’.
(3) Redesignating subsections (b) and (c) as
subsections (c) and (d), respectively.
SEC. 204. BOARD FOR CORRECTION OF MILITARY RECORDS
DEADLINE.
(a) Ten months after a complete application for cor-
rection of military records is received by the Board for
Correction of Military Records of the Coast Guard, admin-
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istrative remedies are deemed to have been exhausted,
and—
(1) if the Board has received a recommended
decision, its recommendation shall be final agency
action and not subject to further review or approval
within the Department of Transportation; or
(2) if the Board has not rendered a rec-
ommended decision, agency action is deemed to have
been unreasonably delayed or withheld and the ap-
plicant is entitled to—
(A) an order directing final action be taken
within thirty days from the date the order is
entered; and
(B) the costs of obtaining the order, in-
cluding a reasonable attorney’s fee.
(b) the ten-month deadline established in section 212
of the Coast Guard Authorization Act of 1989, Public Law
101–225, 103 Stat. 1914, is mandatory, and applies to
any application pending before the Board or the Secretary
of Transportation on June 12, 1990.
SEC. 205. CONTINUITY OF GRADE OF ADMIRALS AND VICE
ADMIRALS.
(a) Section 46(a) of title 14, United States Code, is
amended to read as follows—
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‘‘(a) Any Commandant who is not reappointed shall
be retired with the grade of admiral at the expiration of
the appointed term, except as provided in subsection 51(d)
of this title’’.
(b) Section 47 of title 14, United States Code, is
amended—
(1) by deleting ‘‘; retirement’’ from the title of
the section;
(2) in subsection (a) by deleting ‘‘(a)’’ at the
beginning thereof, and by striking the last sentence
and substituting ‘‘The appointment and grade of a
Vice Commandant shall be effective on the date the
officer assumes that duty, and shall terminate on
the date the officer is detached from that duty, ex-
cept as provided in subsection 51(d) of this title.’’;
and
(3) by striking subsections (b), (c), and (d).
(c) Section 50(b) of title 14, United States Code, is
amended by striking the last sentence and inserting ‘‘The
appointment and grade of an area commander shall be ef-
fective on the date the officer assumes that duty, and shall
terminate on the date the officer is detached from that
duty, except as provided in subsection 51(d) of this title.’’
(d) Section 51 of title 14, United States Code, is
amended by adding the following new subsection:
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‘‘(d) An officer serving in the grade of admiral or vice
admiral shall continue to hold that grade—
‘‘(1) while being processed for physical disabil-
ity retirement, beginning on the day of the process-
ing and ending on the day that officer is retired, but
not for more than one hundred and eighty days; and
‘‘(2) while awaiting retirement, beginning on
the day that officer is relieved from the position of
Commandant, Area Commander, or Chief of Staff
and ending on the day before the officer’s retire-
ment, but not more than sixty days.’’.
SEC. 206. CHIEF OF STAFF.
(a) Section 41a(b) of title 14, United States Code,
is amended by striking ‘‘, except that the rear admiral
serving as Chief of Staff shall be the senior rear admiral
for all purposes other than pay’’ at the end of the first
sentence;
(b) Section 50a of title 14 is enacted to read as fol-
lows—
‘‘§ 50a. Chief of Staff
‘‘(a) The President may appoint, by and with the ad-
vice and consent of the Senate, a Chief of Staff of the
Coast Guard who shall rank next after the area command-
ers and who shall perform such duties as the Commandant
may prescribe. The Chief of Staff shall be appointed from
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the officers on the active duty promotion list serving above
the grade of captain. The Commandant shall make rec-
ommendations for such appointment.
‘‘(b) The Chief of Staff, shall, while so serving, have
the grade of vice admiral with the pay and allowances of
that grade. The appointment and grade of the Chief of
Staff shall be effective on the date the officer assumes that
duty, and shall terminate on the date the officer is de-
tached from that duty, except as provided in subsection
51(d) of this title.’’.
(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’’;
(2) in subsection (b) by striking ‘‘as Com-
mander, Atlantic Area, or Commander, Pacific
Area’’ and inserting ‘‘in the grade of vice admiral’’;
and
(d) Section 290 of title 14, United States Code, is
amended—
(1) in subsection (a) by striking the words ‘‘or
in the position of Chief of Staff’’ in the second sen-
tence;
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(2) in paragraph (f)(1) by striking the words
‘‘Chief of Staff or’’; and
(3) in paragraph (f)(2) by striking the words
‘‘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 follow-
ing new section:
‘‘SEC. 670. PROCUREMENT AUTHORITY FOR FAMILY HOUS-
ING.
‘‘(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 five years, or otherwise, for
use as Coast Guard family housing units, including
the acquisition of condominium units, which may in-
clude 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
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Guard family housing units for adequate consider-
ation.
‘‘(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 five, fiscal years.
‘‘(2) The Secretary may enter into multiyear con-
tracts 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 avoid-
ance through the use of a multiyear contract.
‘‘(3) A multiyear contract authorized under sub-
section (a) of this section shall contain cancellation and
termination provisions to the extent necessary to protect
the best interests of the United States, and may include
consideration 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 termi-
nation costs.
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SEC. 303. AIR STATION CAPE CODE IMPROVEMENTS.
(a) IN GENERAL.—Chapter 17 of title 14, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘SEC. 671. AIR STATION CAPE COD IMPROVEMENTS.
‘‘The Secretary may spend or obligate appropriate
funds for the repair, improvement, restoration, or replace-
ment of those federally or nonfederally owned support
buildings, including appurtenances, which are on leased or
permitted real property constituting Coast Guard Air Sta-
tion Cape Cod, located on Massachusetts Military Res-
ervation, Cape Cod Massachusetts.’’.
SEC. 304. LONG-TERM LEASE AUTHORITY FOR AIDS TO
NAVIGATION.
(a) Chapter 17 of title 14, United States Code, is
amended by adding at the end the following new section:
‘‘SEC. 672. LONG-TERM LEASE AUTHORITY FOR NAVIGA-
TION 
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 twenty years, inclusive of any automatic re-
newal clauses, for aids to navigation (hereafter referred
to as ATON) sites, vessel traffic service (hereafter re-
ferred to as VTS) sensor sites, or National Distress Sys-
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tem (hereafter referred to as NDS) high level antenna
sites. These lease agreements shall include cancellation
and termination provisions to the extent necessary to pro-
tect the best interests of the United States. Cancellation
payment provisions may include consideration of both re-
curring and nonrecurring costs associated with the real
property interests under the contract. These lease agree-
ments 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) The Secretary may enter into multiyear lease
agreements under subsection (a) of this section whenever
the Secretary finds that—
‘‘(A) 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;
‘‘(B) the minimum need for the real property or
interest therein to be leased is expected to remain
substantially unchanged during the contemplated
lease period; and
‘‘(C) the estimates of both the cost of the lease
and the anticipated cost avoidance through the use
of a multiyear lease are realistic.
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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 follow-
ing new section:
‘‘SEC. 196. PARTICIPATION IN FEDERAL, STATE, OR OTHER
EDUCATIONAL 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; and
‘‘(2) No award may be accepted for the routine
functions of the Academy.’’.
SEC. 306. PREPOSITIONED OIL SPILL CLEANUP EQUIP-
MENT.
The Secretary of Transportation is authorized to ex-
pend out of amounts appropriated for acquisition, con-
struction, and improvement that are derived from the Oil
Spill Liability Trust Fund in 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
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SEC. 309. GULF OF MEXICO REGIONAL FISHERIES LAW EN-
FORCEMENT TRAINING CENTER.
The Coast Guard shall establish the Gulf of Mexico
Regional Fisheries Law Enforcement Training Center in
the Eighth Coast Guard District in southeastern Louisi-
ana. 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 enforce-
ment personnel and to insure 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 than six months after the date of
enactment of this Act, the Secretary of Transportation
shall establish a program to evaluate the technological fea-
sibility and environmental benefits of having tank vessels
carry oil spill prevention and response technology. To im-
plement the program the Secretary shall:
(1) publish in the Federal Register an invita-
tion for submission of proposals including plans and
procedures for testing; and
(2) review and evaluate technology using to the
maximum extent possible, existing evaluation and
performance standards.
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(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 two years after the date of the
enactment of this Act, the Secretary shall evaluate the re-
sults of the program established in subsection (a) and sub-
mit a report to Congress with recommendations on the
feasibility and environmental benefits of requiring tank
vessels to carry oil spill prevention and response equip-
ment.
(d) Not latter than six months after the date of the
enactment of this Act, the Secretary shall evaluate and
report to Congress on the feasibility of using segregated
ballast tanks for emergency storage of recovered oil.
SEC. 311. UNMANNED SEAGOING BARGES
Section 3302 of title 46, United States Code, is
amended by adding a new subsection (m) at the end to
read as follows:
‘‘(m) A seagoing barge is not subject to inspection
under section 3301 of this title if the vessel is—
(1) unmanned; and
(2) does not carry oil in bulk or a reportable or
harmful quantity of a hazardous material.’’.