A BILL
To authorize appropriations for fiscal years 2000 and 2001
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 1999".
SECTION 2.TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I - AUTHORIZATION
Sec. 101. Authorization of Appropriations.
Sec. 102. Authorized Levels of Military Strength and
Training.
TITLE II - PERSONNEL MANAGEMENT
Sec. 201. Coast Guard Band Director Rank.
Sec. 202. Coast Guard Reserve Special Pay.
Sec. 203. Coast Guard Membership on the USO Board of
Governors.
Sec. 204. Compensatory Absence for Isolated Duty.
Sec. 205. Accelerated Promotion of Certain Coast Guard
Officers.
TITLE III - FINANCIAL AND PROPERTY MANAGEMENT
Sec. 301. Administrative, Collection, and Enforcement
Costs for Certain Fees and Charges.
Sec. 302. Oil Spill Liability Trust Fund Financing and
Expenditures.
Sec. 303. Oil Spill Liability Trust Fund Annual Report.
Sec. 304. Reimbursement of Polar Icebreaker Costs.
TITLE IV - MARINE SAFETY AND ENVIRONMENTAL PROTECTION
Sec. 401. Extension of Territorial Sea for Vessel
Bridge-to-Bridge Radiotelephone Act.
Sec. 402. Manning Requirements of Barges.
Sec. 403. Outsourcing of Merchant Mariner Licensing and
Documentation.
Sec. 404. Removal of Abandoned Barges.
TITLE V -FEES FOR NAVIGATION SERVICES
Sec. 501. Navigation Services Fee.
Sec. 502. Effective Date.
TITLE I - AUTHORIZATION
SEC. 101.AUTHORIZATION OF APPROPRIATIONS.
(a)Funds are authorized to be appropriated for
necessary expenses of the Coast Guard for fiscal year 2000,
as follows:
(1)For the operation and maintenance of the Coast
Guard, $2,941,039,000, of which $334,000,000 shall be
available for defense-related activities and of which
$25,000,000 shall be derived from the Oil Spill
Liability Trust Fund.
(2)For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and
offshore facilities, vessels, and aircraft, including
equipment related thereto, $350,326,000, to remain
available until expended, of which $20,000,000 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
of technologies, materials, and human factors directly
relating to improving the performance of the Coast
Guard's mission in support of search and rescue, aids
to navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense
readiness, $21,709,000, to remain available until
expended, of which $3,500,000 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, such sums as may be
necessary, to remain available until expended.
(5)For environmental compliance and restoration at
Coast Guard facilities functions (other than parts and
equipment associated with operations and maintenance),
$19,500,000, to remain available until expended.
(b)Funds are authorized to be appropriated for
necessary expenses of the Coast Guard for fiscal year 2001,
as follows:
(1)For the operation and maintenance of the Coast
Guard, $2,941,039,000, of which $25,000,000 shall be
derived from the Oil Spill Liability Trust Fund.
(2)For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and
offshore facilities, vessels, and aircraft, including
equipment related thereto, $350,326,000, to remain
available until expended, of which $20,000,000 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
of technologies, materials, and human factors directly
relating to improving the performance of the Coast
Guard's mission in support of search and rescue, aids
to navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense
readiness, $21,709,000, to remain available until
expended, of which $3,500,000 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, such sums as may be
necessary, to remain available until expended.
(5)For environmental compliance and restoration at
Coast Guard facilities (other than parts and equipment
associated with operations and maintenance),
$19,500,000, to remain available until expended.
SEC. 102.AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.
(a)The Coast Guard is authorized an end-of-year
strength for active duty personnel of 36,350 as of September
30, 2000.
(b)For fiscal year 2000, the Coast Guard is authorized
average military training student loads as follows:
(1)For recruit and special training, 1,500 student
years.
(2)For flight training, 100 student years.
(3)For professional training in military and
civilian institutions, 300 student years.
(4)For officer acquisition, 1,000 student years.
(c)The Coast Guard is authorized an end-of-year
strength for active duty personnel of 36,350 as of September
30, 2001.
(d)For fiscal year 2001, the Coast Guard is authorized
average military training student loads as follows:
(1)For recruit and special training, 1,500 student
years.
(2)For flight training, 100 student years.
(3)For professional training in military and
civilian institutions, 300 student years.
(4)For officer acquisition, 1,000 student years.
TITLE II - PERSONNEL MANAGEMENT
SEC. 201.COAST GUARD BAND DIRECTOR RANK.
Section 336(d) of title 14, United States Code, is
amended by striking "commander" and inserting "captain".
SEC. 202.COAST GUARD RESERVE SPECIAL PAY. Section 308d(a)
of title 37, United States Code, is amended by inserting "or
the Secretary of the Department in which the Coast Guard is
operating" after "Secretary of Defense".
SEC. 203.COAST GUARD MEMBERSHIP ON THE USO BOARD OF
GOVERNORS.
Section 1305(b) of title 36, United States Code, is
amended by redesignating paragraph (3) as paragraph (4) and
inserting after paragraph (2) the following new paragraph:
"(3)The Secretary of Transportation, or the Secretary's
designee, when the Coast Guard is not operating under the
Department of the Navy.".
SEC. 204.COMPENSATORY ABSENCE FOR ISOLATED DUTY.
(a)Section 511 of title 14, United States Code, is
amended to read as follows:
"Sec. 511.Compensatory absence from duty for military
personnel at isolated duty stations
"The Secretary may prescribe regulations to grant
compensatory absence from duty to military personnel of the
Coast Guard serving at isolated duty stations of the Coast
Guard when conditions of duty result in confinement because
of isolation or in long periods of continuous duty.".
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 13 of title 14, United States Code, is
amended to read as follows:
"511.Compensatory absence from duty for military personnel
at isolated duty stations.".
SEC. 205.ACCELERATED PROMOTION OF CERTAIN COAST GUARD
OFFICERS.
Title 14, United States Code, is amended--
(1) in section 259, by adding at the end a new
subsection (c) to read as follows:
"(c) After selecting the officers to be recommended for
promotion, a selection board may recommend officers of
particular merit, from among those officers chosen for
promotion, to be placed at the top of the list of selectees
promulgated by the Secretary under section 271(a) of this
title.The number of officers that a board may recommend to
be placed at the top of the list of selectees may not exceed
the percentages set forth in subsection (b) unless such a
percentage is a number less than one, in which case the
board may recommend one officer for such placement.No
officer may be recommended to be placed at the top of the
list of selectees unless he or she receives the
recommendation of at least a majority of the members of a
board composed of five members, or at least two-thirds of
the members of a board composed of more than five members.";
(2) in section 260(a), by inserting after
"promotion" "and the names of those officers
recommended to be advanced to the top of the list of
selectees established by the Secretary under section
271(a) of this title"; and
(3) in section 271(a), by inserting at the end
"The names of all officers approved by the President
and recommended by the board to be placed at the top of
the list of selectees shall be placed at the top of the
list of selectees in the order of seniority on the
active duty promotion list.".
TITLE III - FINANCIAL AND PROPERTY MANAGEMENT
SEC. 301.ADMINISTRATIVE, COLLECTION, AND ENFORCEMENT COSTS
FOR CERTAIN FEES AND CHARGES.
(a) Section 2110(d) of title 46, United States Code, is
amended by inserting at the end of paragraph (2) "Costs of
collecting the fee or charge include, but are not limited
to, the reasonable administrative, accounting, personnel,
contract, equipment, supply, training, and travel expenses
of calculating, assessing, collecting, enforcing, reviewing,
adjusting, and reporting on such fees and charges.".
(b)Section 664(b) of title 14, United States Code, is
amended to read as follows:
"(b)(1) Fees and charges collected by the Secretary
under this section shall be deposited in the general fund of
the Treasury as offsetting receipts of the department in
which the Cost Guard is operating and ascribed to Coast
Guard activities.In addition to the collection of fees and
charges established under this section, the Secretary may
recover appropriate collection and enforcement costs
associated with delinquent payments of the fees and charges.
"(2)The Secretary may employ any Federal, State, or
local agency or instrumentality, or any private enterprise
or business, to collect a fee or charge established under
this section.A private enterprise or business selected by
the Secretary to collect fees or charges-
"(A) shall be subject to reasonable terms and
conditions agreed to by the Secretary and the
enterprise or business;
"(B) shall provide appropriate accounting to the
Secretary; and
"(C) may not institute litigation as part of that
collection.
"(3) A Federal agency shall account for the agency's
costs of collecting the fee or charge as a reimbursable
expense, and the costs shall be credited to the account from
which expended.Costs of collecting the fee or charge
include, but are not limited to, the reasonable
administrative, accounting, personnel, contract, equipment,
supply, training, and travel expenses ofcalculating,
assessing, collecting, enforcing, reviewing, adjusting, and
reporting on such fees and charges.".
SEC. 302.OIL SPILL LIABILITY TRUST FUND FINANCING AND
EXPENDITURES.
(a) Section 4611 of the Internal Revenue Code of 1986
(26 U.S.C. 4611) is amended-
(1) in subsection (f)(1), by striking "December
31,1989 and before January 1, 1995" and inserting
"December 31, 1999 and before January 1, 2005"; and
(2) in subsection (f)(2), by striking
"$1,000,000,000" each place it appears and inserting
"5,000,000,000".
(b) Section 9509 of the Internal Revenue Code of 1986
(26 U.S.C. 9509) is amended in subsection (c)(2)(A) by
striking "$1,000,000,000" each place it appears and
inserting "$5,000,000,000".
SEC. 303.OIL SPILL LIABILITY TRUST FUND ANNUAL REPORT.
(a) The report regarding the Oil Spill Liability Trust
Fund required by the Conference Report (House Report 101-
892) accompanying the Department of Transportation and
Related Agencies Appropriations Act, 1991 (Pub. L. 101-516),
as that requirement was amended by section 1122 of the
Federal Reports Elimination and Sunset Act of 1995 (26
U.S.C. 9509 note), shall no longer be submitted to Congress.
(b) Section 1122 of the Federal Reports Elimination and
Sunset Act of 1995 (26 U.S.C. 9509 note) is amended--
(1) by striking subsection (a); and
(2) in subsection (b), by striking "(b)".
SEC. 304.REIMBURSEMENT OF POLAR ICEBREAKER COSTS.
(a) Section 110(b) of the Arctic Research and Policy
Act of 1984 (15 U.S.C. 4109(b)) is amended in paragraph (2),
after "recurring" by striking "incremental".
(b) Section 312(c) of the Antarctic Marine Living
Resources Convention Act of 1984 (16 U.S.C. 2441(c)) is
amended after "recurring" by striking "incremental".
TITLE IV - MARINE SAFETY AND ENVIRONMENTAL PROTECTION
SEC. 401.EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-
BRIDGE RADIOTELEPHONE ACT.
Section 4(b) of the Vessel Bridge-to-Bridge
Radiotelephone Act, Pub.L. 92-63, (33 U.S.C. 1203(b)), is
amended after "United States" by striking "inside the lines
established pursuant to Section 151 of this title" and
inserting ", which includes all waters of the territorial
sea of the United States as described in Presidential
Proclamation 5928 of December 27, 1988".
SEC. 402.MANNING REQUIREMENTS OF BARGES.
(a)Section 12110(d) of title 46, United States Code, is
amended by inserting "or an unmanned barge" after
"recreational endorsement".
(b)Section 12122(b)(6) of title 46, United States Code,
is amended by inserting "or an unmanned barge" after
"recreational endorsement".
SEC. 403.OUTSOURCING OF MERCHANT MARINER LICENSING AND
DOCUMENTATION.
(a)Section 7101 of title 46, United States Code, is
amended--
(1) in subsection (b), by inserting "except as
provided in subsection (j)," after "the Secretary,";
(2) in paragraph (1) of subsection (b), by
inserting ", including temporary licenses and temporary
certificates of registry" after "certificates of
registry"; and
(3) by adding at the end a new subsection (j) to
read as follows:
"(j) The Secretary may delegate, subject to the
supervision and control of the Secretary and under terms set
out by regulation, to private entities determined and
certified by the Secretary to be qualified, the authority to
evaluate and test applicants for temporary and permanent
licenses and certificates of registry, and the authority to
issue temporary licenses and temporary certificates of
registry to applicants who meet qualification standards
established by the Secretary.".
(b)Section 7106 of title 46, United States Code, is
amended--
(1) by inserting at the beginning "(a) Except as
provided in subsection (b),"; and
(2) by adding a new subsection (b) to read as
follows:
"(b) A temporary license issued under section 7101 of
this title is valid for up to 60 days and may not be
renewed.".
(c)Section 7107 of title 46, United States Code, is
amended--
(1)by inserting at the beginning "(a) Except as
provided in subsection (b) of this section,"; and
(2)by adding a new subsection (b) to read as
follows:
"(b)A temporary certificate of registry issued under
section 7101 of this title is valid for up to 60 days and
may not be renewed.".
(d)Section 7302 of title 46, United States Code, is
amended--
(1) in subsection (a)-
(A) by inserting "(1)" after "(a)"; and
(B) by adding a new paragraph (2) to read as
follows:
"(2)The Secretary may also issue a temporary merchant
mariner's document under the same conditions as set out in
paragraph (1) of this subsection.";
(2)in subsection (f), by adding at the end "A
temporary merchant mariner's document issued under this
section is valid for up to 60 days and may not be
renewed."; and
(3)by adding a new subsection (g) at the end, to
read as follows:
"(g)The Secretary may delegate, subject to the
supervision and control of the Secretary and under terms set
out by regulation, to private entities determined and
certified by the Secretary to be qualified, the authority to
evaluate and test applicants for temporary and permanent
merchant mariners' documents, and the authority to issue
temporary merchant mariners' documents to applicants who
meet qualification standards established by the Secretary.".
SEC. 404.REMOVAL OF ABANDONED BARGES.
(a) Section 4704(a) of title 46, United States Code is
amended to read as follows:
"(a)(1) The Secretary may remove an abandoned barge -
"(A) that is discharging or presents a substantial
threat of a discharge of oil or a hazardous substance
under section 311(c)(1) of the Federal Water Pollution
Control Act, and
"(B) for which the Federal On-Scene Coordinator
has made a determination that removal of the barge is
necessary to eliminate the discharge or substantial
threat of a discharge of oil or a hazardous substance.
"(2) Before removing the abandoned barge under
paragraph (1), the Secretary shall comply with the following
procedures:
"(A) If the identity of the owner or operator can
be determined, the Secretary shall notify the owner or
operator by certified mail-
"(i) that if the barge is not removed, it
will be removed at the owner's or operator's
expense; and
"(ii) of the penalty under section 4703.
"(B)If the identity of the owner or operator
cannot be determined, the Secretary shall publish an
announcement in-
(i) "(i)a notice to mariners; and
"(ii)an official journal of the county in
which the barge is located,
that if the barge is not removed, it will be
removed at the owner's or operator's expense."
"(3) The United States and any officer or employee of
the United States is not liable to an owner or operator for
damages resulting from removal of an abandoned barge under
this chapter."
TITLE V -FEES FOR NAVIGATION SERVICES
SEC. 501 NAVIGATION SERVICES FEE.
Section 2110 of title 46, United States Code, (46
U.S.C. 2110) is amended -
(1) by amending subsection (b) to read as follows:
"(b) (1) Commencing in fiscal year 2000, the Secretary
is authorized to establish, adjust, assess, and collect
annual fees or charges to recover a portion of the costs of
navigation services provided to commercial vessels by the
Coast Guard.The fees or charges shall be collected from the
owner or operator of each commercial vessel that is operated
on the navigable waters of the United States.
"(2)Fees authorized under this subsection shall be
collected and available for authorization only to the extent
and in the amount provided in advance in appropriation
acts.Such fees are authorized to be appropriated to remain
available until expended.From amounts collected pursuant to
paragraph (1), there are authorized to be appropriated to
the Department in which the Coast Guard is operating, and
ascribed to the Coast Guard, such sums as may be necessary
for fiscal year 2000 and for each fiscal year thereafter.
"(3) Fees authorized under this subsection -
(A) May vary or be allocated to reflect the costs
of navigation services provided to different
classifications of commercial vessels or vessel owners
or operators, taking into account factors such as the
type of navigation services made available; type, size,
and capacity of the vessel; type and amount of cargo
carried; nature of ownership or operation; type of port
or region; economic efficiency; fair distribution of
common costs; and other factors the Secretary considers
appropriate. The total of fees or charges imposed shall
not exceed the total costs of navigation services used
or usable by all vessel classifications combined,
including the costs of administering, collecting, and
enforcing the fee;
"(B) May be waived or reduced by the Secretary, if
in the public interest; and
"(C) Shall be subject to the limitations
prescribed in paragraphs (3) through (5) of subsection
(a) of this section.
"(4) Notwithstanding section 553(b) and (c) of the
Administrative Procedure Act, the Secretary shall prescribe
by interim final rule an initial schedule of fees and the
procedures for payment and collection, which shall be
effective without the necessity for consideration of
comments received.However, public comment on the interim
final rule shall be sought and considered before a final
rule is promulgated.
"(5) In this subsection-
"(A) 'commercial vessel' means a vessel used in
transporting goodsor individuals by water for
compensation or hire or in the business of the owner,
lessee, or operator of the vessel, but does not include
a public vessel, a vessel deemed to be a public vessel
under section 827 of title 14, a recreational vessel, a
ferry, or a fishing vessel.
"(B) 'navigation services' means activities and
facilities used to make available or provideplacement
and maintenance of buoys and other short range aids to
navigation, vessel traffic services, radio and
satellite navigation systems, waterways regulation,or
other services that facilitate navigation of commercial
vessels, as determined by the Secretary. ";
(2) by amending subsection (e) after "violation" by
adding ", except that in the case of a fee or charge
established under subsection (b) of this section, the civil
penalty shall be not less than twice the amount of the fee
or charge due under subsection (b)";
(3) by amending subsection (h) after "section" by
adding "(except those collected pursuant to subsection
(b)(1) of this section)"; and
(4) by amending subsection (k) after the first sentence
by inserting "This subsection does not apply to a regulation
that would promulgate a user fee specifically authorized by
law after November 13, 1998.".
SEC. 502 EFFECTIVE DATE.
No fee shall be collected under this title until 30
days after the effective date of interim final regulations
promulgated pursuant to this title.