[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2150 Engrossed in House (EH)]

103d CONGRESS

  1st Session

                               H. R. 2150

_______________________________________________________________________

                                 AN ACT

To authorize appropriations for fiscal year 1994 for the United States 
                  Coast Guard, and for other purposes.






103d CONGRESS
  1st Session
                                H. R. 2150

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act of 
1993''.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for necessary expenses of 
the Coast Guard for fiscal year 1994, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,612,552,200, of which $25,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund, and of which $35,000,000 shall 
        be expended from the Boat Safety Account.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $417,996,500, to remain 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 evaluation, in 
        support of search and rescue, aids to navigation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, and defense readiness, 
        $25,000,000, to remain available until expended, of which 
        $4,457,000 shall be derived from the Oil Spill Liability Trust 
        Fund.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit 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 available until expended.
            (6) 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 personnel of 39,138. The authorized 
strength does not include members of the Ready Reserve called to active 
duty for special or emergency augmentation of regular Coast Guard 
forces for periods of 180 days or less.
    (b) For fiscal year 1994, the Coast Guard is authorized average 
military training student loads as follows:
            (1) For recruit and special training, 1,986 student years.
            (2) For flight training, 114 student years.
            (3) For professional training in military and civilian 
        institutions, 338 student years.
            (4) For officer acquisition, 955 student years.

               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

SEC. 201. CEILING ON OFFICER CORPS.

    Subsection (a) of section 42 of title 14, United States Code, is 
amended by striking ``6,000'' and inserting ``6,200''.

SEC. 202. VOLUNTEER SERVICES.

    Section 93 of title 14, United States Code, is amended by--
            (1) striking ``and'' at the end of paragraph (r);
            (2) striking the period at the end of paragraph (s) and 
        inserting ``; and''; and
            (3) adding at the end the following new subsection:
    ``(t) Notwithstanding any other law, enter into cooperative 
agreements with States, local governments, nongovernmental 
organizations, and individuals, to accept and utilize voluntary 
services for the maintenance and improvement of natural and historic 
resources on, or to benefit natural and historic research on, Coast 
Guard facilities, which 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 activities 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 retention 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 sentence 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 material 
                preceding paragraph (1);
            (3) by designating the third sentence of subsection (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 correction of 
military records is received by the Board for Correction of Military 
Records of the Coast Guard, administrative 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 recommended decision, 
        agency action is deemed to have been unreasonably delayed or 
        withheld and the applicant 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 Department of 
                Transportation, the costs of obtaining 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 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:
    ``(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 ``; retirement'';
            (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 terminate 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 effective 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 subsection:
    ``(d) An officer serving in the grade of admiral or vice admiral 
shall continue to hold that grade--
            ``(1) while being processed for physical disability 
        retirement, beginning on the day of the processing and ending 
        on the day that officer is retired, but not for more than 180 
        days; and
            ``(2) while awaiting retirement, beginning on the day that 
        officer is relieved from the position of Commandant, Vice 
        Commandant, Area Commander, or Chief of Staff and ending on the 
        day before the officer's retirement, but not for more than 60 
        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 second sentence.
    (b)(1) Title 14, United States Code, is amended by inserting after 
section 50 the following new section:
``Sec. 50a. Chief of Staff
    ``(a) The President may appoint, by and with the advice and consent 
of the Senate, a Chief of Staff of the Coast Guard who shall rank next 
after the area commanders and who shall perform duties as prescribed by 
the Commandant. The Chief of Staff shall be appointed from the officers 
on the active duty promotion list serving above the grade of captain. 
The Commandant shall make recommendations 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 effective 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 Commander, Atlantic 
        Area, or Commander, Pacific Area'' and inserting ``in the grade 
        of vice admiral''; and
            (2) in subsection (b) by striking ``as Commander, Atlantic 
        Area, or Commander, Pacific Area'' and 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 position of 
        Chief of Staff'' in the second sentence;
            (2) in subsection (f)(1) by striking ``Chief of Staff or''; 
        and
            (3) in subsection (f)(2) by striking ``Chief of Staff or''.

                   TITLE III--MISCELLANEOUS SECTIONS

SEC. 301. NORTH ATLANTIC ROUTES.

    Sections 3 and 5 of the Act of June 25, 1936 (49 Stat. 1922, 46 
App. U.S.C. 738b and 738d), are repealed.

SEC. 302. COAST GUARD FAMILY HOUSING.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding at the end the following new section:
``Sec. 670. Procurement authority for family housing
    ``(a) The Secretary is authorized--
            ``(1) to acquire, subject to the availability of 
        appropriations sufficient to cover its full obligations, real 
        property or interests therein by purchase, lease for a term not 
        to exceed 5 years, or otherwise, for use as Coast Guard family 
        housing units, including the acquisition of condominium units, 
        which may include the obligation to pay maintenance, repair, 
        and other condominium-related fees; and
            ``(2) to dispose of by sale, lease, or otherwise, any real 
        property or interest therein used for Coast Guard family 
        housing units for adequate consideration.
    ``(b)(1) For the purposes of this section, a multiyear contract is 
a contract to lease Coast Guard family housing units for at least one, 
but not more than 5, fiscal years.
    ``(2) The Secretary may enter into multiyear contracts under 
subsection (a) of this section whenever the Coast Guard finds that--
            ``(A) the use of a contract will promote the efficiency of 
        the Coast Guard family housing program and will result in 
        reduced total costs under the contract; and
            ``(B) there are realistic estimates of both the cost of the 
        contract and the anticipated cost avoidance through the use of 
        a multiyear contract.
    ``(3) A multiyear contract authorized under subsection (a) of this 
section shall contain cancellation and 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 termination costs.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17, United States Code, is amended by adding at the end the 
following:

``670. Procurement authority for family housing.''.

SEC. 303. AIR STATION CAPE COD IMPROVEMENTS.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding after section 670 (as added by section 302 of this 
Act) the following new section:
``Sec. 671. Air Station Cape Cod improvements
    ``The Secretary may expend funds for the repair, improvement, 
restoration, or replacement of those federally or nonfederally owned 
support buildings, including appurtenances, which are on leased or 
permitted real property constituting Coast Guard Air Station Cape Cod, 
located on Massachusetts Military Reservation, Cape Cod, 
Massachusetts.''.
    (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:
``Sec. 672. Long-term lease authority for navigation and communications 
              systems sites
    ``(a) The Secretary is authorized, subject to the availability 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 
(hereafter in this section referred to as `VTS') sensor sites, or 
National Distress System (hereafter in this section referred to as 
`NDS') high level antenna sites. These lease agreements shall include 
cancellation and termination provisions to the 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 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--
            ``(1) the use of such a lease agreement will promote the 
        efficiency of the ATON, VTS, or NDS programs 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 following 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 acquisition or 
        construction of facilities.
            ``(2) No award may be accepted for the routine functions of 
        the Academy.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 9 of title 14, United States Code, is amended by adding at the 
end the following:

``196. Participation in Federal, State, or other educational research 
                            grants.''.

SEC. 306. PREPOSITIONED OIL SPILL CLEANUP EQUIPMENT.

    The Secretary of Transportation is authorized to expend out of 
amounts appropriated for acquisition, construction, and improvement 
that are derived from the Oil Spill Liability Trust Fund for fiscal 
year 1994--
            (1) $890,000 to acquire and preposition oil spill response 
        equipment at Port Arthur, Texas, and
            (2) $890,000 to acquire and preposition oil spill response 
        equipment at Helena, Arkansas, subject to the Secretary 
        determining that adequate storage and maintenance facilities 
        are available.

SEC. 307. SHORE FACILITIES IMPROVEMENTS AT COAST GUARD STATION LITTLE 
              CREEK, VIRGINIA.

    (a) The Secretary of Transportation, subject to the availability of 
appropriations, may at Coast Guard Station Little Creek, Virginia--
            (1) construct a 2-story station building with operational, 
        administrative, and living spaces;
            (2) construct a 180-foot long pier for Coast Guard patrol 
        boats;
            (3) construct a boat ramp; and
            (4) strengthen a waterfront bulkhead.
    (b) Funds necessary to carry out this section are authorized to be 
appropriated for fiscal years 1994, 1995, and 1996.

SEC. 308. OIL SPILL TRAINING SIMULATOR.

    The Secretary of Transportation is authorized to expend 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 
management simulator.

SEC. 309. GULF OF MEXICO REGIONAL FISHERIES LAW ENFORCEMENT 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 Louisiana. The purpose of the Gulf of Mexico 
Regional Fisheries Law Enforcement Training Center shall be to increase 
the skills and training of Coast Guard fisheries law enforcement 
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 TECHNOLOGY TEST AND 
              EVALUATION PROGRAM.

    (a) Not later than 6 months after the date of enactment of this 
Act, the Secretary of Transportation shall establish a program to 
evaluate the technological feasibility and 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 invitation 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 possible, 
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 enactment of this 
Act, the Secretary shall evaluate the results of the program 
established in subsection (a) and submit a report to Congress with 
recommendations on the feasibility and environmental benefits of, and 
appropriate equipment and utilization standards for, requiring tank 
vessels to carry oil spill prevention and response equipment.
    (d) Not later than 6 months after the date of the enactment of this 
Act, the Secretary shall evaluate and report to the Congress on the 
feasibility of using segregated ballast tanks for emergency transfer of 
cargo and storage of 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 unmanned and does not carry--
            ``(1) a hazardous material as cargo; or
            ``(2) a flammable or combustible liquid, including oil, in 
        bulk.''.

SEC. 312. PROHIBITION ON DECOMMISSIONING ICEBREAKER MACKINAW.

    (a) The Secretary of Transportation may not decommission the Coast 
Guard cutter MACKINAW until the later of--
            (1) 1 year after transmitting to the Congress the report 
        required under subsection (c); or
            (2) October 1, 1994.
    (b) There is authorized to be appropriated to the Secretary of 
Transportation $1,600,000 for fiscal year 1994, to remain available 
until expended, for operations and maintenance of the Coast Guard 
cutter MACKINAW.
    (c) Not later than 6 months after the date of enactment of this 
Act, the Secretary of Transportation shall conduct a study and submit a 
report to the Congress on the icebreaking needs of the Great Lakes and 
the appropriate size and type of vessel or vessels to meet those needs. 
In conducting this study, the Secretary shall--
            (1) consult with--
                    (A) Great Lakes shippers, including the Lake 
                Carriers Association;
                    (B) the Great Lakes Commission;
                    (C) the Governors of States bordering the Great 
                Lakes;
                    (D) local governments in States bordering the Great 
                Lakes; and
                    (E) interested private persons;
            (2) determine the average and maximum ice conditions in the 
        Great Lakes over the past 10 years;
            (3) determine the size and type of vessel or vessels 
        necessary to clear shipping channels in the average 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 OFFICE AT SAINT IGNACE, 
              MICHIGAN.

    The Secretary of Transportation shall during fiscal year 1994--
            (1) maintain at Saint Ignace, Michigan, the office 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 
        the enactment of this Act, the Secretary of Transportation and 
        the Secretary of the Interior shall complete the necessary 
        planning studies, including 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 acquisition, construction, rebuilding, and 
improvement, the Secretary of Transportation may use up to $600,000 for 
conducting the studies required under subsection (a).

SEC. 315. LOWER COLUMBIA RIVER MARINE FIRE AND SAFETY ACTIVITIES.

    The Secretary of Transportation is authorized to expend 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 1996 not more than $300,000 for the lower Columbia River 
marine, fire, oil, and toxic spill response communications, training, 
equipment, and program administration activities conducted by the 
Marine Fire and Safety Association.

SEC. 316. TRANSFER OF LIGHTHOUSES.

    (a) Authority to Transfer.--
            (1) In general.--The Secretary may convey by any 
        appropriate means to the Washington State Parks and Recreation 
        Commission all right, title, and interest of the United States 
        in and to property comprising 1 or more of the Cape 
        Disappointment Lighthouse, North Head Lighthouse, and Point 
        Wilson Lighthouse.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine property conveyed pursuant to 
        this section.
    (b) Terms and Conditions.--
            (1) In general.--The conveyance of property pursuant to 
        subsection (a) shall be made--
                    (A) without the payment of consideration; and
                    (B) subject to such terms and conditions as the 
                Secretary may consider appropriate.
            (2) Reversionary interest.--In addition to any term or 
        condition established pursuant to paragraph (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 continue 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 permission 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 portion 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 notice for the 
                purpose of maintaining aids to navigation;
                    (E) the United States shall have an easement 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 enable the 
                Washington State Parks and Recreation 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 enable the 
                Washington State Parks and Recreation 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 enable the 
                Washington State Parks and Recreation 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 department 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, Michigan (locally known as the Hubinger Dam) which is 
inspected 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 appropriate 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.
``Sec. 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 officer 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 property of, 
                the Government of the United States; and
                    ``(D) serving the Armed Forces.
``Sec. 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 section 401(a)(1)(A) of the Act.
    ``(b) When the Secretary determines that an individual meets the 
requirements for qualified service under section 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 individual described in subsection (b) whose 
qualified service warrants 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.
``Sec. 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 enactment of this Act 
for a benefit, including an increase in a benefit, under section 11202.
    ``(c) The amount of a fee established under this section is $30.
``Sec. 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 expending 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 REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--In the case 
of any equipment or products 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.
    (d) 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 in subsection (a) by the Congress.

SEC. 322. PROHIBITION OF CONTRACTS.

    If it is finally determined by a court or Federal agency 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 pursuant 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:






                                                                 Clerk.

HR 2150 EH----2
HR 2150 EH----3