IIA
103D CONGRESS
1ST SESSION
H. R. 2150
IN THE SENATE OF THE UNITED STATES
AUGUST 2 (legislative day, JUNE 30), 1993
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
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:
(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, rebuild-
ing, and improvement of aids to navigation, shore
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto, $417,996,500, to re-
main available until expended, of which $23,030,000
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, 
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 Bene-
fit Plans, and payments for medical care of retired
personnel 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
obstructions to navigation associated with the Bridge
Alteration Program, $12,940,000 to remain avail-
able until expended.
(6) For environmental compliance and restora-
tion at Coast Guard facilities, $23,057,000, to re-
main 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 180 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.
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 ‘‘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 coop-
erative agreements with States, local governments, non-
governmental organizations, and individuals, to accept and
utilize voluntary services for the maintenance and im-
provement of natural and historic resources on, or to bene-
fit natural and historic research on, Coast Guard facilities,
which cooperative 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 activi-
ties under the agreement.’’.
SEC. 203. RESERVE RETENTION BOARDS.
Section 741 of title 14, United States Code, is
amended—
(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 re-
tention 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
subsection (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 cor-
rection of military records is received by the Board for
Correction of Military Records of the Coast Guard, admin-
istrative remedies are deemed to have been exhausted,
and—
(1) if the Board has rendered 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 under section 706(1) of title
5, United States Code, directing final action be
taken within 30 days from the date the order
is entered; and
(B) from amounts appropriated to the De-
partment of Transportation, the costs of obtain-
ing the order, including a reasonable attorney’s
fee.
(b) The 10-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 Sec-
retary 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:
‘‘(a) A 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)(1) Section 47 of title 14, United States Code, is
amended—
(A) in the heading by striking ‘‘; retire-
ment’’;
(B) in subsection (a) by—
(i) striking ‘‘(a)’’ at the beginning thereof,
and
(ii) striking the last sentence and inserting
the following: ‘‘The appointment and grade of a
Vice Commandant 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, except as provided in subsection
51(d) of this title.’’; and
(C) by striking subsections (b), (c), and (d).
(2) The table of sections at the beginning of chapter
3 of title 14, United States Code, is amended by striking
the item relating to section 47 and inserting the following:
‘‘47. Vice Commandant; assignment.’’.
(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 at the end the following new sub-
section:
‘‘(d) An officer serving in the grade of admiral or vice
admiral shall continue to hold that grade—
the grade of captain. The Commandant shall make rec-
ommendations for the appointment.
‘‘(b) The Chief of Staff shall 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 effec-
tive 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 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 Com-
mander, Atlantic Area, or Commander, Pacific
Area’’ and inserting ‘‘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 follow-
ing 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 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
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 5, 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.’’.
(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, Massa-
chusetts.’’.
(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
referred to as ‘ATON’) sites, vessel traffic service (here-
after in this section referred to as ‘VTS’) sensor sites, or
National Distress System (hereafter in this section re-
ferred to as ‘NDS’) high level antenna sites. These lease
agreements shall include cancellation and termination pro-
visions to the extent necessary to protect the best interests
of the United States. Cancellation payment provisions may
include consideration of both recurring and nonrecurring
costs associated with the real property interests under the
contract. These lease agreements may provide for a can-
cellation payment to be made. Amounts that were origi-
nally 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
substantially 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 follow-
ing new section:
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
derived 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
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 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 enact-
ment of this Act, the Secretary of Transportation shall
establish a program to evaluate the technological feasibil-
ity and environmental benefits of having tank vessels carry
oil spill prevention and response technology. To implement
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.
(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 fea-
sibility 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
enactment of this Act, the Secretary shall evaluate and
report to the Congress on the feasibility of using seg-
regated ballast tanks for emergency transfer of cargo and
storage of recovered oil.
SEC. 311. UNMANNED SEAGOING BARGES.
Section 3302 of title 46, United States Code, is
amended 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 un-
manned 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 enact-
ment 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 appro-
priate 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
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-
age and maximum ice conditions determined under
paragraph (2); and
(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.
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.—
(1) PLANNING.—Not later than 6 months after
the date of enactment of this Act, the Secretary of
Transportation and the Secretary of the Interior
shall complete the necessary planning studies, in-
cluding selection of a relocation site, identified in the
Coast Guard’s strategy document for relocation of
the Cape Cod Lighthouse (popularly known as the
‘‘Highland Light Station’’), located in North Truro,
Massachusetts.
(2) DESIGN.—Not later than 18 months after
the date of enactment of this Act, the Secretary of
Transportation shall complete the design studies
identified in the Coast Guard’s strategy document
for relocation of the Cape Cod Lighthouse.
(b) USE OF AMOUNTS FOR STUDIES.—Of amounts
appropriated under the authority of this Act for acquisi-
tion, construction, rebuilding, and improvement, the Sec-
retary of Transportation may use up to $600,000 for con-
ducting the studies required under subsection (a).
SEC. 315. LOWER COLUMBIA RIVER MARINE FIRE AND
SAFETY ACTIVITIES.
The Secretary of Transportation is authorized to ex-
pend out of the amounts appropriated for the Coast Guard
for fiscal year 1994 not more than $421,700, for fiscal
year 1995 not more than $358,300, and for fiscal year
(2) REVERSIONARY INTEREST.—In addition to
any term or condition established pursuant to para-
graph (1), any conveyance of property comprising
Cape Disappointment Lighthouse, North Head
Lighthouse, or Point Wilson Lighthouse pursuant to
this section 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 used as a center for public
benefit for the interpretation and preservation
of maritime 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) REQUIRED
CONDITIONS.—Any conveyance
of property pursuant to this section shall be made
subject to such conditions as the Secretary considers
to be necessary to assure 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 Washington State Parks and
Recreation Commission may not interfere or
allow interference in any manner with such aids
to navigation without express written permis-
sion from the Secretary of Transportation;
(C) there is reserved to the United States
the right to relocate, replace, or add any aids
to navigation or make any changes on any por-
tion of such property as may be necessary for
navigation purposes;
(D) the United States shall have the right,
at any time, to enter such property without no-
tice for the purpose of maintaining aids to
navigation;
(E) the United States shall have an ease-
ment of access to such property for the purpose
of maintaining the aids to navigation in use on
the property; and
(F) the property shall be rehabilitated and
maintained by the owner in accordance with the
provisions of the National Historic Preservation
Act of 1966 (16 U.S.C. 470 et seq.).
(4) MAINTENANCE
OF
CERTAIN
EQUIPMENT
NOT REQUIRED.—The Washington State Parks and
Recreation Commission shall not have any obligation
to maintain any active aid to navigation equipment
on property conveyed pursuant to this section.
(c) DEFINITIONS.—For purposes of this section, the
term—
(1) ‘‘Cape Disappointment Lighthouse’’ means
the Coast Guard lighthouse located at Fort Canby
State Park, Washington, including—
(A) the lighthouse, excluding any lantern
or lens that is the personal property of the
Coast Guard; and
(B) such land as may be necessary to en-
able the Washington State Parks and Recre-
ation Commission to operate at that lighthouse
a center for public benefit for the interpretation
and preservation of the maritime history;
(2) ‘‘North Head Lighthouse’’ means the Coast
Guard lighthouse located at Fort Canby State Park,
Washington, including—
(A) the lighthouse, excluding any lantern
or lens that is the personal property of the
Coast Guard;
(B) ancillary buildings; and
(C) such land as may be necessary to en-
able the Washington State Parks and Recre-
ation Commission to operate at that lighthouse
a center for public benefit for the interpretation
and preservation of maritime history;
(3) ‘‘Point Wilson Lighthouse’’ means the
Coast Guard lighthouse located at Fort Worden
State Park, Washington, including—
(A) the lighthouse, excluding any lantern
or lens that is the personal property of the
Coast Guard;
(B) 2 ancillary buildings; and
(C) such land as may be necessary to en-
able the Washington State Parks and Recre-
ation Commission to operate at that lighthouse
a center for public benefit for the interpretation
and preservation of maritime history; and
(4) ‘‘Secretary’’ means the Secretary of the de-
partment in which the Coast Guard is operating.
SEC. 317. CASS RIVER.
Subtitle II of title 46, United States Code, relating
only to vessel inspection and manning, shall not apply to
a vessel operating on the date of enactment of this Act
on the Cass River above the dam at Frankenmuth, Michi-
gan (locally known as the Hubinger Dam) which is in-
spected and licensed by the State of Michigan to carry
passengers.
SEC. 318. SENSE OF THE CONGRESS REGARDING FUNDING
FOR COAST GUARD.
It is the sense of the Congress that in appropriating
amounts for the Coast Guard, the Congress should appro-
priate amounts adequate to enable the Coast Guard to
carry out all extraordinary functions and duties the Coast
Guard is required to undertake in addition to its normal
functions established by law.
SEC. 319. MERCHANT MARINER QUALIFIED SERVICE.
Part G of Subtitle II, title 46, United States Code,
is amended by adding the following new chapter:
‘‘CHAPTER 112—MERCHANT MARINER
QUALIFIED SERVICE
‘‘Sec.
‘‘11201. General.
‘‘11202. Qualified service benefits.
‘‘11203. Processing fees.
‘‘11204. Definitions.
‘‘§ 11201. General
‘‘An individual who served as a member of the United
States merchant marine between December 7, 1941, and
December 31, 1946, was engaged in qualified service for
purposes of this chapter if during that period the person
was—
‘‘(1) licensed or otherwise documented by an of-
ficer or employee of the United States authorized to
do so; and
‘‘(2) a crewmember of a vessel that at the time
of such service was—
‘‘(A) documented in the United States;
‘‘(B) operated in waters other than inland
waters of the United States;
‘‘(C) under contract, charter to, or prop-
erty of, the Government of the United States;
and
‘‘(D) serving the Armed Forces.
‘‘§ 11202. Qualified service benefits
‘‘(a) An individual who meets the requirements for
qualified service under section 11201 may apply to the
Secretary for benefits provided to an individual under sec-
tion 401(a)(1)(A) of the Act.
‘‘(b) When the Secretary determines that an individ-
ual meets the requirements for qualified service under sec-
tion 11201, the Secretary shall notify the Secretary of
Defense.
‘‘(c) Not later than one year after the individual has
applied for benefits under subsection (a), the Secretary of
Defense shall issue an honorable discharge to the individ-
ual described in subsection (b) whose qualified service war-
rants an honorable discharge under section 401(a)(1)(B)
of the Act.
‘‘(d) The Secretary of Transportation shall pay for
any benefits that an individual receives under this chapter.
The Secretary may not pay for benefits for any period
prior to the date of enactment of this chapter.
‘‘§ 11203. Processing fees
‘‘(a) The Secretary shall establish, assess, and collect
a fee for processing applications for benefits under section
11202.
‘‘(b) A fee established under this section applies to
an application that the Secretary receives after the enact-
ment of this Act for a benefit, including an increase in
a benefit, under section 11202.
‘‘(c) The amount of a fee established under this sec-
tion is $30.
‘‘§ 11204. Definitions
‘‘In this chapter—
‘‘(1) ‘the Act’ means the GI Bill Improvement
Act of 1977.
‘‘(2) ‘United States merchant marine’ includes
the United States Army Transport Service.’’.
SEC. 320. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in ex-
pending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c, popularly known as the ‘‘Buy American Act’’).
SEC. 321. SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial
assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the head of
each Federal agency shall provide to each recipient of the
assistance a notice describing the statement made in sub-
section (a) by the Congress.
SEC. 322. PROHIBITION OF CONTRACTS.
If it is finally determined by a court or Federal agen-
cy that a person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with the
same meaning, to any product sold in or shipped to the
United States that is not made in the United States, such
person shall be determined to be ineligible to receive any
contract or subcontract made with funds provided pursu-
ant to this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Passed the House of Representatives July 30, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
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