#
103D CONGRESS
2D SESSION
H. R. 4422
AN ACT
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 Author-
ization Act of 1994’’.
TITLE I—AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for nec-
essary expenses of the Coast Guard for fiscal year 1995,
as follows:
•HR 4422 EH1S
(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, rebuild-
ing, and improvement of aids to navigation, shore
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto, $439,200,000, to re-
main available until expended, of which $32,500,000
shall be derived 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
directly 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
•HR 4422 EH1S
State agencies, local maritime education organi-
zations, and local marine industry representa-
tives, a demonstration project on the lower Mis-
sissippi River and in the Houston Ship Channel
to study the effectiveness of currently available
Electronic Chart Display and Information Sys-
tems (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 Bene-
fit Plans, and payments for medical care of retired
personnel 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
obstructions to navigation, and for personnel and
administrative costs associated with the Bridge Al-
teration Program, $13,000,000, to remain available
until expended.
(6) For environmental compliance and restora-
tion at Coast Guard facilities, $25,000,000, to re-
main available until expended.
•HR 4422 EH1S
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 person-
nel 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 augmenta-
tion of regular Coast Guard forces for periods of 180 days
or less.
(b) MILITARY TRAINING STUDENT LOADS.—For fis-
cal year 1995, the Coast Guard is authorized average mili-
tary 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 Sec-
retary of Transportation for operation and maintenance
expenses of Coast Guard drug interdiction activities
$21,000,000 for fiscal year 1995.
•HR 4422 EH1S
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
assigned to, or employed at or in connection with, any
Federal 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 ad-
minister 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.’’.
•HR 4422 EH1S
SEC. 203. EXCLUDE CERTAIN RESERVES FROM END-OF-
YEAR STRENGTH.
Section 712 of title 14, United States Code, is
amended by adding at the end the following:
‘‘(d) Reserve members ordered to active duty under
this section shall not be counted in computing authorized
strength of members on active duty or members in grade
under this title or under any other law.’’.
SEC. 204. 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
members of the Armed Forces and Federal civilian em-
ployees. Child development services benefits provided
under this section shall be in addition to benefits provided
under other laws.
‘‘(b)(1) Except as provided in paragraph (2), the
Commandant 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
•HR 4422 EH1S
center employees 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 cen-
ters; 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 De-
fense or other training programs to insure that all child
development services providers under this section meet
minimum standards.
‘‘(d) The Commandant may provide assistance to
members and civilian employees of the Coast Guard for
obtaining services of qualified family home child develop-
ment services providers. The cost per child to the Coast
Guard of obtaining those services may not exceed the aver-
age of the cost per child incurred by the Coast Guard for
•HR 4422 EH1S
child development services provided at all Coast Guard
child development 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 received 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 services facility for which space is allotted under sec-
tion 616 of the Act of December 22, 1987 (40 U.S.C.
490b).
‘‘(g) The Secretary shall promulgate regulations to
implement this section. The regulations shall establish fees
to be charged for child development services provided
under this section which are based on total family in-
come.’’.
(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.’’.
•HR 4422 EH1S
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
inserting ‘‘$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;
•HR 4422 EH1S
‘‘(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 oper-
ated other than for pleasure.’’.
(2) 
CONFORMING
AMENDMENT.—Section
12122(c) of title 46, United States Code, is re-
pealed.
(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.—Sub-
section (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
subsection (c).
•HR 4422 EH1S
(2) 
CONFORMING
AMENDMENT.—Section
12111(a)(2) of title 46, United States Code, is
amended by inserting before the period the follow-
ing: ‘‘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 sec-
tion 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 Mis-
sissippi River in the vicinity of Baton Rouge, Louisiana,
to support Coast Guard rescue, law enforcement, marine
safety, marine 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
•HR 4422 EH1S
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 fol-
lowing:
‘‘(h) The Committee shall terminate on October 1,
1999.’’; and
(2) in section 19 by adding at the end the fol-
lowing:
‘‘(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.
•HR 4422 EH1S
SEC. 308. RESPONSE EXERCISE PROGRAM AT MASSACHU-
SETTS MARITIME ACADEMY.
The Coast Guard shall designate the Center for Ma-
rine Environmental Protection and Safety at the Massa-
chusetts Maritime Academy as a regional facility for the
conduct and evaluation of annual response area manage-
ment 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 MACKI-
NAW 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
Secretary shall during fiscal year 1995 maintain on the
Coast Guard cutter MACKINAW the same number of bil-
lets as were maintained on that vessel during fiscal year
1994.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary of Trans-
portation $4,500,000 for fiscal year 1995, to remain avail-
•HR 4422 EH1S
able 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 ap-
propriate 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
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
conditions 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-
•HR 4422 EH1S
age and maximum ice conditions determined under
paragraph (2);
(4) evaluate whether any Coast Guard vessel
stationed on the Great Lakes, other than the
MACKINAW, 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 MACKI-
NAW; 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 Ju-
niper Class buoy tender is the most feasible means
of providing icebreaking service on the Great Lakes,
the Secretary may, subject to the availability of ap-
•HR 4422 EH1S
propriations, enter into a contract for the construc-
tion of an ice-strengthened Juniper Class buoy ten-
der; or
(2) entering into a long-term contract for
icebreaking services is the most feasible means of
providing icebreaking services on the Great Lakes,
the Secretary may, subject to the availability of ap-
propriations, 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 vicin-
ity of Crisfield, Maryland, until October 1, 1995.
SEC. 311. BUY AMERICAN REQUIREMENT FOR SURFACE
SEARCH RADAR SYSTEMS AND MULTIBEAM
SONAR.
Notwithstanding any other law, at least 51 percent
of the components of surface search radar systems and
multibeam sonar 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 Transpor-
tation (or any other official having control over the prop-
•HR 4422 EH1S
erty described in subsection (b)) shall expeditiously convey
to the Traverse City Area Public School District in Tra-
verse City, Michigan, without consideration, all right, title,
and interest 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 real property located in the city
of Traverse City, Grand Traverse County, Michigan, and
consisting of that part of the southeast 1⁄4 of Section 12,
Township 27 North, Range 11 West, described as: Com-
mencing at the southeast 1⁄4 corner of said Section 12,
thence north 03 degrees 05 minutes 25 seconds east along
the East line of said Section, 1074.04 feet, thence north
86 degrees 36 minutes 50 seconds west 207.66 feet,
thence north 03 degrees 06 minutes 00 seconds east
572.83 feet to the point of beginning, thence north 86 de-
grees 54 minutes 00 seconds west 1,751.04 feet, thence
north 03 degrees 02 minutes 38 seconds east 330.09 feet,
thence north 24 degrees 04 minutes 40 seconds east
439.86 feet, thence south 86 degrees 56 minutes 15 sec-
onds east 116.62 feet, thence north 03 degrees 08 minutes
45 seconds east 200.00 feet, thence south 87 degrees 08
minutes 20 seconds east 68.52 feet, to the southerly right-
of-way of the C & O Railroad, thence south 65 degrees
•HR 4422 EH1S
54 minutes 20 seconds east along said right-of-way
1508.75 feet, thence south 03 degrees 06 minutes 00 sec-
onds west 400.61 to the point of beginning, consisting of
27.10 acres of land, and all improvements located on that
property including buildings, structures, and equipment.
(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 imme-
diately 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 Acad-
emy.
(2) The number of women and minorities occu-
pying leadership positions in the United States
•HR 4422 EH1S
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
Academy.
(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
provided at the United States Coast Guard Academy
will be enhanced by the benefits that flow from a di-
verse student body.
(b) NEW AUTHORITY.—Section 93 of title 14, United
States Code, is amended—
(1) in paragraph (t)(2) by striking ‘‘and’’ after
the semicolon;
(2) in paragraph (u) by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(v) 
for 
the 
purposes 
of 
rectifying
underrepresentation or underutilization of women
and minorities in the Coast Guard and meeting iden-
•HR 4422 EH1S
tified personnel resource requirements and training
needs—
‘‘(1) conduct studies and analyses on Coast
Guard personnel resource and training needs;
and
‘‘(2) employ special programs for recruit-
ing women and minorities, including, subject to
appropriations, provision of financial assistance
by grant, cooperative agreement, contract, or
otherwise, to public or private associations, or-
ganizations, or individuals to implement na-
tional or local outreach programs.’’.
SEC. 402. OFFICER RETENTION UNTIL RETIREMENT ELIGI-
BLE.
Section 283(b) of title 14, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by striking the last sentence; and
(3) by adding at the end the following:
‘‘(2) Upon the completion of a term under paragraph
(1), an officer shall, unless selected for further continu-
ation—
‘‘(A) except as provided in subparagraph (B),
be honorably discharged with severance pay com-
puted under section 286 of this title;
•HR 4422 EH1S
‘‘(B) in the case of an officer who has com-
pleted at least 18 years of active service on the date
of discharge under subparagraph (A), be retained on
active duty and retired on the last day of the month
in which the officer completes 20 years of active
service, unless earlier removed under another provi-
sion of law; or
‘‘(C) if eligible for retirement under any law, be
retired.’’.
SEC. 403. REPORT RECOMMENDING ACTIONS FOR THE
PROTECTION OF THE ENDANGERED NORTH-
ERN RIGHT WHALE.
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary of Transportation, in con-
sultation with the Secretary of Commerce, shall submit a
report to the Committee on Merchant Marine and Fish-
eries of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate
recommending actions to prevent mortalities of the north-
ern right whale from vessel collisions in the Great South
Channel off Cape Cod, Massachusetts. The report shall
include—
(1) recommendations for actions that could be
undertaken by the Coast Guard and the Inter-
national Maritime Organization, including—
•HR 4422 EH1S
(A) the designation of 1 or more areas to
be avoided;
(B) the shifting of the traffic separation
scheme in the Great South Channel; or
(C) other measures the Secretary considers
appropriate; and
(2) if appropriate, a schedule for submitting
those recommendations to the International Mari-
time Organization.
SEC. 404. CONTINUING OBLIGATION TO PROVIDE DOCU-
MENTATION INFORMATION AT EXISTING LO-
CATIONS.
The Secretary of Transportation shall, until October
1, 1999, maintain an ability, at Coast Guard offices that
are located in the immediate vicinity of former regional
vessel documentation offices, to assist the public with in-
formation on obtaining, altering, and renewing the docu-
mentation of a vessel and on vessel documentation laws
and regulations generally.
SEC. 405. PROHIBITION ON STATION CLOSURES AND VES-
SEL AND AIRCRAFT DECOMMISSIONINGS IN
FY 1995.
In fiscal year 1995, the Secretary of Transportation
may not close or consolidate any shore unit, including any
multimission small boat station, and may not decommis-
•HR 4422 EH1S
sion any vessel or aircraft, based in whole or in part on
the increased costs resulting from inclusion of the Coast
Guard in the military pay raise for fiscal year 1995 or
the cost-of-living allowance for members of the uniformed
services assigned to high cost areas in the continental
United States under the National Defense Authorization
Act for Fiscal Year 1995.
SEC. 406. CONTINUATION OF THE COMMERCIAL FISHING
INDUSTRY VESSEL ADVISORY COMMITTEE.
Subsection (e)(1) of section 4508 of title 46, United
States Code, is amended by striking ‘‘September 30,
1994’’ and inserting ‘‘October 1, 1999’’.
SEC. 407. PROHIBITION ON DIVERSION OF DRUG INTERDIC-
TION FUNDS.
The Secretary of Transportation may not reduce the
level of Coast Guard drug interdiction below the level pro-
posed by the President in the Fiscal Year 1995 budget.
SEC. 408. PROHIBITION ON STATION CLOSURES.
(a) PROHIBITION.—The Secretary of Transportation
may not close or consolidate any multimission small boat
station in fiscal year 1995 until the Secretary has submit-
ted a list of proposed station closures to the Committee
on Merchant Marine and Fisheries of the House of Rep-
resentatives and to the Committee on Commerce, Science,
and Transportation of the Senate.
•HR 4422 EH1S
(b) DEADLINE
FOR SUBMISSION.—The Secretary
shall submit such list at least 60 days prior to any such
closure or consolidation.
SEC. 409. RENEWAL OF THE NAVIGATION SAFETY ADVI-
SORY COUNCIL.
Section 5 of the Inland Navigational Rules Act of
1980 (33 U.S.C. 2073) is amended in subsection (d) by
striking ‘‘September 30, 1995’’ and inserting ‘‘September
30, 2000’’.
SEC. 410. 47-FOOT MOTOR LIFEBOAT ACQUISITION PRO-
GRAM.
The Secretary of Transportation shall ensure that the
Coast Guard 47–foot Motor Lifeboat acquisition is accom-
plished in accordance with the laws and regulations appli-
cable to small business set asides.
SEC. 411. COAST GUARD RESERVE PEACETIME REQUIRE-
MENTS PLAN.
No later than February 1, 1995, the Secretary of
Transportation shall submit to the Committee on Mer-
chant Marine and Fisheries of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate a plan to more fully utilize
the Coast Guard Selected Reserve to augment peacetime
operations. As part of the plan, the Secretary shall in-
clude—
•HR 4422 EH1S
(1) methods to deliver more cost-effective Coast
Guard services by supplementing active duty person-
nel with Coast Guard reservists while preserving the
current level of service to the public;
(2) methods to more fully integrate the Coast
Guard Reserve in peacetime Coast Guard programs,
including, but not limited to, search and rescue, ma-
rine safety, and marine environmental protection;
(3) the most effective command structure for
the Coast Guard Reserve; and
(4) a specific estimate of the number of reserv-
ists needed to augment peacetime Coast Guard mis-
sions under the plan.
SEC. 412. TRANSFER OF COAST GUARD PROPERTY.
(a) CONVEYANCE REQUIREMENT.—The Secretary of
Transportation shall convey to the Ketchikan Indian Cor-
poration in Ketchikan, Alaska, without reimbursement
and by no later than 120 days after the date of enactment
of this Act, all right, title, and interest of the United
States in and to the property known as the ‘‘Former Ma-
rine Safety Detachment’’ as identified in Report of Excess
Number CG–689 (GSA Control Number 9–U–AK–0747)
and described in subsection (b), for use by the Ketchikan
Indian Corporation as a Native health clinic.
•HR 4422 EH1S
(b) PROPERTY DESCRIBED.—The property referred
to in subsection (a) is real property located in the city
of Ketchikan, Township 75 south, range 90 east, Copper
River Meridian, First Judicial District, State of Alaska,
and commencing at corner numbered 10, United States
Survey numbered 1079, the true point of beginning for
this description: Thence north 24 degrees 04 minutes east,
along the 10–11 line of said survey a distance of 89.76
feet to corner numbered 1 of lot 5B; thence south 65 de-
grees 56 minutes east a distance of 345.18 feet to corner
numbered 2 of lot 5B; thence south 24 degrees 04 minutes
west a distance of 101.64 feet to corner numbered 3 of
lot 5B; thence north 64 degrees 01 minute west a distance
of 346.47 feet to corner numbered 10 of said survey, to
the true point of beginning, consisting of 0.76 acres (more
or less), and all improvements located on that property,
including buildings, structures, and equipment.
(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 imme-
diately revert to the United States if the property, or any
part thereof, ceases to be used by the Ketchikan Indian
Corporation as a Native health clinic.
•HR 4422 EH1S
SEC. 413. REPORT ON COSTS OF VESSEL INSPECTIONS OUT-
SIDE UNITED STATES.
(a) REPORT REQUIREMENT.—Not later than Janu-
ary 1, 1995, the Secretary of Transportation shall submit
to the Committee on Merchant Marine and Fisheries of
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report
describing in detail the costs incurred by the United States
in fiscal year 1994 for the performance by Coast Guard
personnel of vessel inspections outside the 50 States and
the District of Columbia, including travel expenses, sub-
sistence pay, compensation, and all other costs associated
with those inspections.
(b) ITEMIZATION OF COSTS.—The report required by
subsection (a) shall include—
(1) a description and the costs of the various
types of activities in which Coast Guard inspectors
engaged outside the United States in fiscal year
1994 with respect to repair and construction of ves-
sels in foreign countries;
(2) the number and costs of inspections of ves-
sels documented in the United States that did not
visit ports in the United States in fiscal year 1994
(including the number of such vessels inspected);
(3) the number and costs of inspections of mo-
bile offshore drilling units (as that term is defined
•HR 4422 EH1S
in section 2101 of title 46, United States Code) that
are documented in the United States and that did
not operate in waters of the United States in fiscal
year 1994; and
(4) the number and cost of Coast Guard inspec-
tors permanently stationed in foreign countries.
SEC. 414. CONVEYANCE OF LIGHT STATION MONTAUK
POINT, NEW YORK.
(a) CONVEYANCE REQUIREMENT.—
(1) REQUIREMENT.—The Secretary of Trans-
portation shall convey to the Montauk Historical As-
sociation in Montauk, New York, by an appropriate
means of conveyance, all right, title, and interest of
the United States in and to property comprising
Light Station Montauk Point, located at Montauk,
New York.
(2) DETERMINATION OF PROPERTY.—The Sec-
retary may identify, describe, and determine the
property to be conveyed pursuant to this section.
(b) TERMS OF CONVEYANCE.—
(1) IN
GENERAL.—A conveyance of property
pursuant to this section shall be made—
(A) without the payment of consideration;
and
•HR 4422 EH1S
(B) subject to the conditions required by
paragraphs (3) and (4) and such other terms
and conditions as the Secretary may consider
appropriate.
(2) REVERSIONARY INTEREST.—In addition to
any term or condition established pursuant to para-
graph (1), any conveyance of property comprising
the Montauk Light Station pursuant to subsection
(a) 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—
(A) ceases to be maintained as a nonprofit
center for public benefit for the interpretation
and preservation of the material culture of the
United States Coast Guard, the maritime his-
tory of Montauk, New York, and Native Amer-
ican and colonial history;
(B) ceases to be maintained in a manner
that ensures its present or future use as a
Coast Guard aid to navigation; or
(C) ceases to be maintained in a manner
consistent with the provisions of the National
Historic Preservation Act (16 U.S.C. 470 et
seq.).
•HR 4422 EH1S
(3) MAINTENANCE OF NAVIGATION AND FUNC-
TIONS.—Any conveyance of property pursuant to
this section shall be subject to such conditions as the
Secretary considers to be necessary to assure that—
(A) the light, antennas, sound signal, and
associated lighthouse equipment located on the
property conveyed, which are active aids to
navigation, shall continue to be operated and
maintained by the United States for as long as
they are needed for this purpose;
(B) the Montauk Historical Association
may not interfere or allow interference in any
manner with such aids to navigation without
express written permission from the United
States;
(C) there is reserved to the United States
the right to replace, or add any aids to naviga-
tion, or make any changes to the Montauk
Lighthouse as may be necessary for navigation
purposes;
(D) the United States shall have the right,
at any time, to enter the property conveyed
without notice for the purpose of maintaining
navigation aids;
•HR 4422 EH1S
(E) the United States shall have an ease-
ment of access to such property for the purpose
of maintaining the navigational aids in use on
the property; and
(F) the Montauk Light Station shall revert
to the United States at the end of the 30-day
period beginning on any date on which the Sec-
retary of Transportation provides written notice
to the Montauk Historical Association that the
Montauk Light Station is needed for national
security purposes.
(4) MAINTENANCE
OF
LIGHT
STATION.—Any
conveyance of property under this section shall be
subject to the condition that the Montauk Historical
Association shall maintain the Montauk Light Sta-
tion in accordance with the provisions of the Na-
tional Historic Preservation Act (16 U.S.C. 470 et
seq.) and other applicable laws.
(5) LIMITATION ON OBLIGATIONS OF MONTAUK
HISTORICAL ASSOCIATION.—The Montauk Historical
Association shall not have any obligation to maintain
any active aid to navigation equipment on property
conveyed pursuant to this section.
(c) For purposes of this section—
•HR 4422 EH1S
(1) the term ‘‘Montauk Light Station’’ means
the Coast Guard light station known as Light Sta-
tion Montauk Point, located at Montauk, New York,
including the keeper’s dwellings, adjacent Coast
Guard rights of way, the World War II submarine
spotting tower, the lighthouse tower, and the paint
locker; and
(2) the term ‘‘Montauk Lighthouse’’ means the
Coast Guard lighthouse located at the Montauk
Light Station.
SEC. 415. CAPE ANN LIGHTHOUSE.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation shall convey to the town of Rockport, Massa-
chusetts, by an appropriate means of conveyance, all
right, title, and interest of the United States in and
to the property comprising the Cape Ann Light-
house, located on Thachers Island, Massachusetts.
(2) IDENTIFICATION OF PROPERTY.—The Sec-
retary may identify, describe, and determine the
property to be conveyed pursuant to this subsection.
(b) TERMS OF CONVEYANCE.—
(1) IN GENERAL.—The conveyance of property
pursuant to this section shall be made—
(A) without payment of consideration; and
•HR 4422 EH1S
(B) subject to the conditions required by
paragraphs (3) and (4) and other terms and
conditions the Secretary may consider appro-
priate.
(2) REVERSIONARY INTEREST.—In addition to
any term or condition established pursuant to para-
graph (1), the conveyance of property pursuant to
this section shall be subject to the condition that all
right, title, and interest in the Cape Ann Lighthouse
shall immediately revert to the United States if the
Cape Ann Lighthouse, or any part of the property—
(A) ceases to be used as a nonprofit center
for the interpretation and preservation of mari-
time history;
(B) ceases to be maintained in a manner
that ensures its present or future use as a
Coast Guard aid to navigation; or
(C) ceases to be maintained in a manner
consistent with the provisions of the National
Historic Preservation Act of 1966 (16 U.S.C.
470 et seq.).
(3) MAINTENANCE
AND
NAVIGATION
FUNC-
TIONS.—The conveyance of property pursuant to
this section shall be made subject to the conditions
•HR 4422 EH1S
that the Secretary considers to be necessary to as-
sure that—
(A) the lights, antennas, and associated
equipment located on the property conveyed,
which are active aids to navigation, shall con-
tinue to be operated and maintained by the
United States;
(B) the town of Rockport may not inter-
fere or allow interference in any manner with
aids to navigation without express written per-
mission from the Secretary of Transportation;
(C) there is reserved to the United States
the right to relocate, replace, or add any aid to
navigation or make any changes to the Cape
Ann Lighthouse as may be necessary for navi-
gational purposes;
(D) the United States shall have the right,
at any time, to enter the property without no-
tice for the purpose of maintaining aids to navi-
gation; and
(E) the United States shall have an ease-
ment of access to the property for the purpose
of maintaining the aids to navigation in use on
the property.
•HR 4422 EH1S
(4) OBLIGATION
LIMITATION.—The town of
Rockport is not required to maintain any active aid
to navigation equipment on property conveyed pur-
suant to this section.
(5) PROPERTY TO BE MAINTAINED IN ACCORD-
ANCE WITH CERTAIN LAWS.—The town of Rockport
shall maintain the Cape Ann Lighthouse in accord-
ance with the National Historic Preservation Act of
1966 (16 U.S.C. 470 et seq.), and other applicable
laws.
(c) DEFINITIONS.—For purposes of this section, the
term ‘‘Cape Ann Lighthouse’’ means the Coast Guard
property located on Thachers Island, Massachusetts, ex-
cept any historical artifact, including any lens or lantern,
located on the property at or before the time of the convey-
ance.
SEC. 416. TRANSFER OF OCRACOKE LIGHT STATION TO
SECRETARY OF THE INTERIOR.
The Secretary of Transportation shall transfer ad-
ministrative jurisdiction over the Federal property, con-
sisting of approximately 2 acres, known as the Ocracoke
Light Station, to the Secretary of the Interior, subject to
such reservations, terms, and conditions as may be nec-
essary for Coast Guard purposes. All property so trans-
•HR 4422 EH1S
ferred shall be included in and administered as part of
the Cape Hatteras National Seashore.
SEC. 417. PROHIBITION ON OVERHAUL, REPAIR, AND MAIN-
TENANCE OF COAST GUARD VESSELS IN FOR-
EIGN SHIPYARDS.
(a) PROHIBITION.—Chapter 5 of title 14, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 96. Prohibition on overhaul, repair, and mainte-
nance of Coast Guard vessels in foreign
shipyards
‘‘A Coast Guard vessel may not be overhauled, re-
paired, or maintained in any shipyard located outside the
United States, except that this section does not apply to
emergency repairs.’’.
(b) CLERICAL
AMENDMENT.—Title 14, United
States Code, is amended in the analysis at the beginning
of chapter 5 by adding at the end the following:
‘‘96. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels
in foreign shipyards.’’.
SEC. 418. STUDY OF IMPLICATIONS FOR VESSEL SAFETY IN
NAVIGABLE WATERS NEAR HOUSTON, TEXAS,
OF TRADE AGREEMENTS.
(a) STUDY.—Not later than July 1, 1996, the Sec-
retary of Transportation, acting through the Coast Guard
office in Houston, Texas, and subject to the availability
•HR 4422 EH1S
of appropriations, shall conduct a study of the implications
for vessel safety in the navigable waters near Houston,
Texas, of increased shipping traffic resulting from—
(1) the North American Free Trade Agreement
Implementation Act; and
(2) legislation necessary to implement the Uru-
guay Round of the General Agreement on Tariffs
and Trade.
(b) CONTENT.—The study under subsection (a) shall
include—
(1) examination of implications for vessel safety
in the Port of Houston and the Houston ship chan-
nel; and
(2) development of recommendations for—
(A) responding to vessel accidents in those
waterways,
(B) removal of vessels damaged in those
accidents, and
(C) ways to improve the overall safety of
the Port of Houston and the Houston ship
channel, including recommendations of restric-
tions on vessel movements within that Port or
channel if necessary to ensure safety.
(c) REPORT.—Not later than July 1, 1996, the Sec-
retary of Transportation shall submit to the Congress a
•HR 4422 EH1S
report on the findings and recommendations developed by
the study under subsection (a).
(d) AUTHORIZATION OF APPROPRIATIONS.—For car-
rying out the study and preparing the report required by
this section, there are authorized to be appropriated to
the Secretary of Transportation $300,000 for fiscal year
1995 and such sums as may be necessary for fiscal year
1996.
SEC. 419. IMPLEMENTATION OF OIL POLLUTION ACT WITH
RESPECT TO VEGETABLE OIL.
In implementing the Oil Pollution Act of 1990 (Pub-
lic Law 101–380), the Coast Guard and other agencies
shall differentiate between animal fats or oils of vegetable
origin and other oils, including petroleum oils, on the basis
of their physical, chemical, biological, and other prop-
erties, and their environmental effects.
SEC. 420. LIMITATION ON AUTHORITY OF STATES TO REG-
ULATE GAMBLING DEVICES ON VESSELS.
Section 5(b)(2) of the Act of January 2, 1951 (15
U.S.C. 1175(b)(2)), commonly referred to as the ‘‘John-
son Act’’, is amended by adding at the end the following:
‘‘(C) EXCLUSION
OF
CERTAIN
VOYAGES
AND SEGMENTS.—Except for a voyage or seg-
ment of a voyage that occurs within the bound-
aries of the State of Hawaii, a voyage or seg-
•HR 4422 EH1S
ment of a voyage is not described in subpara-
graph (B) if it includes or consists of a seg-
ment—
‘‘(i) that begins and ends in the same
State;
‘‘(ii) that is part of a voyage to an-
other State or to a foreign country; and
‘‘(iii) in which the vessel reaches the
other State or foreign country within 3
days after leaving the State in which it be-
gins.’’.
SEC. 421. POLLUTION FROM SHIPS.
(a) PREVENTION OF POLLUTION FROM SHIPS.—Sec-
tion 6 of the Act to Prevent Pollution from Ships (33
U.S.C. 1905) is amended—
(1) in subsection (c)—
(A) in paragraph (2)—
(i) by striking ‘‘(2) If’’ and inserting
the following: ‘‘(2)(A) Subject to subpara-
graph (B), if’’; and
(ii) by adding at the end the following
new subparagraph:
‘‘(B) The Secretary may issue a certificate attesting
to the adequacy of reception facilities under this para-
graph only if, prior to the issuance of the certificate, the
•HR 4422 EH1S
Secretary conducts an inspection of the reception facilities
of the port or terminal that is the subject of the certifi-
cate.’’; and
(B) in paragraph (3), by striking subpara-
graph (A) and inserting the following new sub-
paragraph:
‘‘(A) is valid for the 5-year period beginning on
the date of issuance of the certificate, except that
if—
‘‘(i) the charge for operation of the port or
terminal is transferred to a person or entity
other than the person or entity that is the oper-
ator on the date of issuance of the certificate—
‘‘(I) the certificate shall expire on the
date that is 30 days after the date of the
transfer; and
‘‘(II) the new operator shall be re-
quired to submit an application for a cer-
tificate before a certificate may be issued
for the port or terminal; or
‘‘(ii) the certificate is suspended or revoked
by the Secretary, the certificate shall cease to
be valid; and’’; and
(2) by striking subsection (d) and inserting the
following new subsection:
•HR 4422 EH1S
‘‘(d)(1) The Secretary shall maintain a list of ports
or terminals with respect to which a certificate issued
under this section—
‘‘(A) is in effect; or
‘‘(B) has been revoked or suspended.
‘‘(2) The Secretary shall make the list referred to in
paragraph (1) available to the general public.’’.
(b) RECEPTION FACILITY PLACARDS.—Section 6(f)
of the Act to Prevent Pollution from Ships (33 U.S.C.
1905(f)) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new
paragraph:
‘‘(2)(A) Not later than 18 months after the date of
enactment of this paragraph, the Secretary shall promul-
gate regulations that require the operator of each port or
terminal that is subject to any requirement of the
MARPOL Protocol relating to reception facilities to post
a placard in a location that can easily be seen by port
and terminal users. The placard shall state, at a mini-
mum, that a user of a reception facility of the port or
terminal should report to the Secretary any inadequacy
of the reception facility.’’.
(c) APPLICATION TO VESSELS.—
•HR 4422 EH1S
(1) NOTICE OF ARRIVAL.—The owner, master,
agent, or person in charge of a vessel shall include
in the notice of arrival required to be submitted to
the Captain of the Port of the port or place of des-
tination pursuant to the Ports and Waterways Safe-
ty Act (33 U.S.C. 1221 et seq.) information con-
cerning the intention of the owner, master, or person
in charge of the vessel with respect to the disposal
of onboard waste at the port or place of destination.
(2) COMPLIANCE REPORTS.—Section 2201(a) of
the Marine Plastic Pollution Research and Control
Act of 1987 (Public Law 100–220; 33 U.S.C. 1902
note) is amended—
(A) by striking ‘‘for a period of 6 years’’;
and
(B) by inserting before the period at the
end the following: ‘‘and, not later than 1 year
after the date of enactment of the Marine Plas-
tic Pollution Research and Control Act of 1994,
and annually thereafter, shall publish in the
Federal Register a list of the enforcement ac-
tions taken against any domestic or foreign ship
(including any commercial or recreational ship)
pursuant to the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.)’’.
•HR 4422 EH1S
(d) MARINE PLASTIC POLLUTION RESEARCH AND
CONTROL
PUBLIC
OUTREACH
PROGRAM.—Section
2204(a) of the Marine Plastic Pollution Research and
Control Act of 1987 (Public Law 100–220; 42 U.S.C.
6981 note) is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘for a period of at least 3
years,’’;
(B) in subparagraph (C), by striking
‘‘and’’ at the end;
(C) in subparagraph (D), by striking the
period at the end and inserting ‘‘; and’’; and
(D) by adding at the end the following new
subparagraph:
‘‘(E) the requirements under this Act and
the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.) with respect to ships and
ports, and the authority of citizens to report
violations of this Act and the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et
seq.).’’; and
(2) by striking paragraph (2) and inserting the
following new paragraph:
‘‘(2) AUTHORIZED ACTIVITIES.—
•HR 4422 EH1S
‘‘(A) PUBLIC
OUTREACH
PROGRAM.—A
public outreach program under paragraph (1)
may include—
‘‘(i) developing and implementing a
voluntary boaters’ pledge program;
‘‘(ii) 
workshops 
with 
interested
groups;
‘‘(iii) public service announcements;
‘‘(iv) distribution of leaflets and post-
ers; and
‘‘(v) any other means appropriate to
educating the public.
‘‘(B) GRANTS AND COOPERATIVE AGREE-
MENTS.—To carry out this section, the Sec-
retary of the department in which the Coast
Guard is operating, the Secretary of Commerce,
and the Administrator of the Environmental
Protection Agency are authorized to award
grants, enter into cooperative agreements with
appropriate officials of other Federal agencies
and agencies of States and political subdivisions
of States, and provide other financial assistance
to eligible recipients.
‘‘(C) CONSULTATION.—In developing out-
reach initiatives targeted at the interested
•HR 4422 EH1S
groups that are subject to the requirements of
this title and the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.), the Secretary
of the department in which the Coast Guard is
operating, in consultation with the Secretary of
Commerce, acting through the Administrator of
the National Oceanic and Atmospheric Admin-
istration, and the Administrator of the Environ-
mental Protection Agency, shall consult with—
‘‘(i) the heads of State agencies re-
sponsible for implementing State boating
laws; and
‘‘(ii) the heads of other enforcement
agencies that regulate boaters or commer-
cial fishermen.’’.
(e) COORDINATION.—
(1) ESTABLISHMENT OF MARINE DEBRIS CO-
ORDINATING
COMMITTEE.—The Administrator of
the Environmental Protection Agency shall establish
a Marine Debris Coordinating Committee (referred
to in this section as the ‘‘Committee’’).
(2) MEMBERSHIP.—The Committee shall in-
clude a senior official from—
•HR 4422 EH1S
(A) the Environmental Protection Agency,
who shall serve as the Chairperson of the Com-
mittee;
(B) the National Oceanic and Atmospheric
Administration;
(C) the United States Coast Guard;
(D) the United States Navy; and
(E) such other Federal agencies that have
an interest in ocean issues or water pollution
prevention and control as the Administrator of
the Environmental Protection Agency deter-
mines appropriate.
(3) MEETINGS.—The Committee shall meet at
least twice a year to provide a forum to ensure the
coordination of national and international research,
monitoring, education, and regulatory actions ad-
dressing the persistent marine debris problem.
(f) MONITORING.—The Administrator of the Envi-
ronmental Protection Agency, in cooperation with the Sec-
retary of Commerce, acting through the Administrator of
the National Oceanic and Atmospheric Administration,
shall utilize the marine debris data derived under title V
of the Marine Protection, Research, and Sanctuaries Act
of 1972 (33 U.S.C. 2801 et seq.) to assist the United