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

103d CONGRESS
  1st Session
                                H. R. 2150

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 1993

   Mr. Tauzin (for himself, Mr. Studds, Mr. Coble, and Mr. Fields of 
    Texas) introduced the following bill; which was referred to the 
               Committee on Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of 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:
    (a) For the operation and maintenance of the Coast Guard, 
$2,612,497,000 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.
    (b) For the acquisition, construction, rebuilding and improvement 
of aids to navigation, shore and offshore facilities, vessels, and 
aircraft, including equipment related thereto, $417,030,000, to remain 
available until expended, of which $23,030,000 shall be derived from 
the Oil Spill Liability Trust Fund.
    (c) For research, development, test, and evaluation, in support of 
search and rescue, aids to navigation, 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.
    (d) 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.
    (e) 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.
    (f) For environmental compliance and restoration at Coast Guard 
facilities, $23,057,000, to remain available until expended.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) As of September 30, 1994, the Coast Guard is authorized an end-
of-year strength for active duty 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 one hundred and eighty 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 the word ``and'' at the end of subsection (r);
            (2) striking the period at the end of subsection (s) and 
        inserting ``; and''; and
            (3) adding the following new subsection:
    ``(t)(1) notwithstanding any other provision of law, enter into 
cooperative agreements, with States, local 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.
    (2) A cooperative agreement under this subsection shall provide for 
the parties to contribute funds or services on a matching basis to 
defray the costs of such programs, projects, and activities under the 
agreement.

SEC. 203. RESERVE RETENTION BOARDS.

    Section 741(a) of title 14, United States Code, is amended by--
            (1) deleting at the end of the first sentence the 
        following, ``and are not on active duty and not on an approved 
        list of selectees for promotion to the next higher grade'' and 
        inserting'', except those officers who--
                    ``(A) are on extended active duty;
                    ``(B) are on a list of selectees for promotion;
                    ``(C) will complete 30 years total commissioned 
                service by June 30th following the date that the 
                retention board is convened; or
                    ``(D) have reached age 59 by the date on which the 
                retention board is convened''.
            (2) in the third sentence of subsection (a) inserting 
        ``(b)'' before ``This board shall--''.
            (3) Redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively.

SEC. 204. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE.

    (a) Ten months after a complete application for 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 received a recommended decision, its 
        recommendation shall be final agency action and not subject to 
        further review or approval within the Department of 
        Transportation; or
            (2) if the Board has not rendered a recommended decision, 
        agency action is deemed to have been unreasonably delayed or 
        withheld and the applicant is entitled to--
                    (A) an order directing final action be taken within 
                thirty days from the date the order is entered; and
                    (B) the costs of obtaining the order, including a 
                reasonable attorney's fee.
    (b) the ten-month deadline established in section 212 of the Coast 
Guard Authorization Act of 1989, Public Law 101-225, 103 Stat. 1914, is 
mandatory, and applies to any application pending before the Board or 
the Secretary of Transportation on June 12, 1990.

SEC. 205. CONTINUITY OF GRADE OF ADMIRALS AND VICE ADMIRALS.

    (a) Section 46(a) of title 14, United States Code, is amended to 
read as follows--
    ``(a) Any Commandant who is not reappointed shall be retired with 
the grade of admiral at the expiration of the appointed term, except as 
provided in subsection 51(d) of this title''.
    (b) Section 47 of title 14, United States Code, is amended--
            (1) by deleting ``; retirement'' from the title of the 
        section;
            (2) in subsection (a) by deleting ``(a)'' at the beginning 
        thereof, and by striking the last sentence and substituting 
        ``The appointment and grade of a Vice Commandant shall be 
        effective on the date the officer assumes that duty, and shall 
        terminate on the date the officer is detached from that duty, 
        except as provided in subsection 51(d) of this title.''; and
            (3) by striking subsections (b), (c), and (d).
    (c) Section 50(b) of title 14, United States Code, is amended by 
striking the last sentence and inserting ``The appointment and grade of 
an area commander shall be 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 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 one 
        hundred and eighty days; and
            ``(2) while awaiting retirement, beginning on the day that 
        officer is relieved from the position of Commandant, Area 
        Commander, or Chief of Staff and ending on the day before the 
        officer's retirement, but not more than sixty days.''.

SEC. 206. CHIEF OF STAFF.

    (a) Section 41a(b) of title 14, United States Code, is amended by 
striking ``, except that the rear admiral serving as Chief of Staff 
shall be the senior rear admiral for all purposes other than pay'' at 
the end of the first sentence;
    (b) Section 50a of title 14 is enacted to read as follows--
``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 such duties as the 
Commandant may prescribe. 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 such 
appointment.
    ``(b) The Chief of Staff, shall, while so serving, have the grade 
of vice admiral with the pay and allowances of that grade. The 
appointment and grade of the Chief of Staff shall be effective on the 
date the officer assumes that duty, and shall terminate on the date the 
officer is detached from that duty, except as provided in subsection 
51(d) of this title.''.
    (c) Section 51 of title 14, United States Code, is amended--
            (1) in subsection (a) by striking ``as Commander, Atlantic 
        Area, or Commander, Pacific Area'' and inserting ``in the grade 
        of vice admiral'';
            (2) in subsection (b) by striking ``as Commander, Atlantic 
        Area, or Commander, Pacific Area'' and inserting ``in the grade 
        of vice admiral''; and
    (d) Section 290 of title 14, United States Code, is amended--
            (1) in subsection (a) by striking the words ``or in the 
        position of Chief of Staff'' in the second sentence;
            (2) in paragraph (f)(1) by striking the words ``Chief of 
        Staff or''; and
            (3) in paragraph (f)(2) by striking the words ``Chief of 
        Staff or''.

                   TITLE III--MISCELLANEOUS SECTIONS

SEC. 301. NORTH ATLANTIC ROUTES.

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

SEC. 302. COAST GUARD FAMILY HOUSING.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding at the end the 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 five 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 five, 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.

SEC. 303. AIR STATION CAPE CODE IMPROVEMENTS.

    (a) In general.--Chapter 17 of title 14, United States Code, is 
amended by adding at the end the following new section:

``SEC. 671. AIR STATION CAPE COD IMPROVEMENTS.

    ``The Secretary may spend or obligate appropriate 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.''.

SEC. 304. LONG-TERM LEASE AUTHORITY FOR AIDS TO NAVIGATION.

    (a) Chapter 17 of title 14, United States Code, is amended by 
adding at the end the following new section:

``SEC. 672. LONG-TERM LEASE AUTHORITY FOR 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 twenty years, inclusive 
of any automatic renewal clauses, for aids to navigation (hereafter 
referred to as ATON) sites, vessel traffic service (hereafter referred 
to as VTS) sensor sites, or National Distress System (hereafter 
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--
            ``(A) 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;
            ``(B) the minimum need for the real property or interest 
        therein to be leased is expected to remain substantially 
        unchanged during the contemplated lease period; and
            ``(C) the estimates of both the cost of the lease and the 
        anticipated cost avoidance through the use of a multiyear lease 
        are realistic.

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; and
            ``(2) No award may be accepted for the routine functions of 
        the Academy.''.

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 in fiscal year 
1994;
            (1) $890,000 to acquire and preposition oil spill response 
        equipment at Port Arthur, Texas, and
            (2) $890,000 to acquire and preposition oil spill response 
        equipment at Helena, Arkansas, subject to 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 construct at Coast Guard Station, Little Creek, 
Virginia--
            (1) a two-story station building with operational, 
        administrative, and living spaces;
            (2) a one hundred eighty-foot long pier for Coast Guard 
        patrol boats;
            (3) a boat ramp; and
            (4) strengthen a waterfront bulkhead.
    (b) Funds necessary to carry out this section are authorized to be 
appropriated in 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 acquisition, construction, 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 in fiscal year 1994.

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 insure that such training considers and meets the 
unique and complex needs and demands of the fisheries of the Gulf of 
Mexico

SEC. 310. OIL SPILL PREVENTION AND RESPONSE TECHNOLOGY TEST AND 
              EVALUATION PROGRAM.

    (a) Not later than than six months after the date of enactment of 
this Act, the Secretary of Transportation shall establish a program to 
evaluate the technological 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 two 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 
requiring tank vessels to carry oil spill prevention and response 
equipment.
    (d) Not latter than six months after the date of the enactment of 
this Act, the Secretary shall evaluate and report to Congress on the 
feasibility of using segregated ballast tanks for emergency storage of 
recovered oil.

SEC. 311. UNMANNED SEAGOING BARGES

    Section 3302 of title 46, United States Code, is amended by adding 
a new subsection (m) at the end to read as follows:
    ``(m) A seagoing barge is not subject to inspection under section 
3301 of this title if the vessel is--
            (1) unmanned; and
            (2) does not carry oil in bulk or a reportable or harmful 
        quantity of a hazardous material.''.

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HR. 2150 IH----2