Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?
                                                       Calendar No. 567
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-300
_______________________________________________________________________

                                     



                     COAST GUARD AUTHORIZATION ACT

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                    on

                                S. 1089





                                     



                  May 23, 2000.--Ordered to be printed

                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
79-010                     WASHINGTON : 2000


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                       one hundred sixth congress

                             second session

                     JOHN McCAIN, Arizona, Chairman

TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             JOHN D. ROCKEFELLER IV, West 
TRENT LOTT, Mississippi              Virginia
KAY BAILEY HUTCHISON, Texas          JOHN F. KERRY, Massachusetts
OLYMPIA SNOWE, Maine                 JOHN B. BREAUX, Louisiana
JOHN ASHCROFT, Missouri              RICHARD H. BRYAN, Nevada
BILL FRIST, Tennessee                BYRON L. DORGAN, North Dakota
SPENCER ABRAHAM, Michigan            RON WYDEN, Oregon
SAM BROWNBACK, Kansas                MAX CLELAND, Georgia

                       Mark Buse, Staff Director

                  Martha P. Allbright, General Counsel

               Kevin D. Kayes, Democratic Staff Director

                  Moses Boyd, Democratic Chief Counsel

                Gregg Elias, Democratic General Counsel


                                                       Calendar No. 567
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-300

======================================================================



 
                     COAST GUARD AUTHORIZATION ACT

                                _______
                                

                  May 23, 2000.--Ordered to be printed

                                _______
                                

       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1089]

  The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1089), ``A bill to authorize 
appropriations for fiscal years 2000 and 2001 for the United 
States Coast Guard, and for other purposes,'' having considered 
the same, reports favorably thereon with an amendment in the 
nature of a substitute and recommends that the bill as amended 
do pass.

                          Purpose of the Bill

  S. 1089, as amended, authorizes appropriations for the U.S. 
Coast Guard for fiscal year (FY) 2000, FY 2001 and FY 2002, 
covering six accounts: (1) operation and maintenance expenses; 
(2) acquisition, construction, and improvement of facilities 
and equipment (AC&I;); (3) research, development, testing, and 
evaluation (RDT&E;); (4) retired pay; (5) environmental 
compliance and restoration; and (6) alteration or removal of 
bridges. The bill also authorizes end-of-year military strength 
and training loads; the recapitalization of the LORAN-C radio 
navigation system; and the operation of up to seven excess Navy 
patrol craft. In addition, the bill addresses various personnel 
management and marine safety issues and extends the charters of 
various Coast Guard advisory committees.

                          Background and Needs

  The Coast Guard is the principal Federal maritime safety and 
law enforcement agency. Coast Guard activities include vessel 
safety inspection, the rescue of life and property at sea, 
fisheries law enforcement, marine environmental protection, and 
the interdiction of drug traffickers and alien migrants. In 
addition, the agency carries out port security functions, 
cooperates closely with the other armed forces in military 
readiness activities, and has primary responsibility for the 
coastal defense of the United States. During times of war and 
national emergency, the Coast Guard becomes an arm of the U.S. 
Navy.
  The Coast Guard Authorization Act of 1998 (Public Law 105-
383) authorized appropriations and levels of military strength 
and training for the Coast Guard for FY 1998 and FY 1999. S. 
1089 would authorize appropriations and levels of military 
strength and training for the Coast Guard in the three 
succeeding fiscal years and make other changes to existing law 
to address issues related to the Coast Guard.
  In FY 2000, the Administration requested approximately $4.26 
billion for the Coast Guard, a decrease of $166 million, or 3.9 
percent below FY 1999 funding levels. In FY 2001, the 
Administration requested approximately $4.73 billion, almost a 
13 percent overall increase from the level appropriated in FY 
2000. In addition, the FY 2000 and FY 2001 requests included an 
end-of-year strength of 35,967 and 36,427 active duty military 
personnel, respectively. The Coast Guard budget accounts that 
are authorized in S. 1089 are summarized below.
  Operating Expenses: The Coast Guard consumes over two-thirds 
of its total budget conducting operations in support of its 
primary mission areas: protecting public safety and the marine 
environment; enforcing laws and treaties, including the 
prevention of illegal drug trafficking and illegal alien 
migration; maintaining aids to navigation; and preserving 
defense readiness. The Administration requested $2.941 billion 
for this account in FY 2000, an increase of $107 million from 
the FY 1999 appropriated level. In FY 2001, the Administration 
requested $3.199 billion, an increase of approximately $400 
million from the FY 2000 appropriated level. In each fiscal 
year, the request assumes that $25 million would be transferred 
from the Oil Spill Liability Trust Fund to the operating 
expenses account and that approximately $330 million would be 
available from the Department of Defense (DOD) for defense-
related activities.
  Acquisition, Construction, and Improvements (AC&I;): AC&I; 
funds are used to pay for major capital improvements, including 
vessel and aircraft acquisition and rehabilitation, information 
management, and construction programs at selected facilities. 
Major AC&I; projects include replacement of seagoing buoy 
tenders, the Great Lakes icebreaker, and coastal patrol boats; 
recapitalizing the National Distress and Response System; 
aircraft sensor, avionics and engine upgrades; the Deepwater 
Capabilities Replacement project; and various communications 
and computer software systems. The Administration requested 
$350 million for AC&I; in FY 2000, a decrease of $274.4 million 
from the appropriated level of $624.4 million in FY 1999. (FY 
1999 enacted levels included $230 million in emergency 
supplemental appropriations). In FY 2001, the Administration 
requested $520 million; of that amount $42.3 million would fund 
the Integrated Deepwater System and $22 million would fund the 
National Distress and Response Systemprocurement program. In 
each fiscal year, the AC&I; request assumes that $20 million would be 
transferred from the Oil Spill Liability Trust Fund to the AC&I; 
account.
  Research, Development, Test, and Evaluation: Funds from this 
account are used to develop hardware, procedures, and systems 
that directly contribute to increasing the productivity of 
Coast Guard operating and regulatory programs. The 
Administration requested $21.7 million for this account in FY 
2000, an increase of $4.7 million from the appropriated level 
in FY 1999. The Administration requested $21.3 million for this 
account in FY 2001. In each fiscal year, the request assumes 
that $3.5 million would be transferred from the Oil Spill 
Liability Trust Fund to this account.
  Retired Pay: Funds from this account are used for retired 
pay, annuities, and medical care for retired military personnel 
and former Lighthouse Service members, their dependents, and 
their survivors under chapter 55 of title 10, United States 
Code. The Administration requested indefinite budgetary 
authority to pay for this entitlement. The Administration 
estimates the account will expend $730.3 million in FY 2000, an 
increase of $46.3 million over the appropriated level in FY 
1999. It is estimated that Retired Pay will cost $778 million 
in FY 2001.
  Alteration of Bridges: Under the Truman-Hobbs Act, the 
Federal government shares with the states the cost of altering 
publicly-owned highway and railroad bridges that obstruct the 
free movement of marine traffic. Since FY 1995, the 
Administration has not requested funding for highway bridge 
modifications, initiating a policy under which the Coast Guard 
no longer would seek direct funding for such bridges. Instead, 
the Administration proposes that the Federal share be financed 
from the discretionary bridge program funds of the Federal 
Highway Administration, with continuing program direction by 
the Coast Guard. The 1996 Coast Guard authorization law (P.L. 
104-324) provided the Administration with discretionary 
authority to implement this proposal. In FY 1999, $42.8 million 
was appropriated for the Coast Guard to perform bridge 
alteration projects. In FY 2000, the Administration did not 
request funding for bridge alterations, but $14.9 million was 
appropriated for five specific bridge improvement projects. The 
Administration did not request Coast Guard funding for FY 2001 
Truman-Hobbs Act projects.
  Environmental Compliance and Restoration: This account 
provides resources to bring current and former Coast Guard 
facilities into compliance with national environmental 
standards. The Administration requested $19.5 million for FY 
2000, but only $16.7 million was appropriated. The FY 2001 
request contains $16.7 million, a 22 percent decrease from the 
FY 1999 appropriated level.
  Authorization Requests: The authorization bill transmitted by 
the Administration proposes various changes to existing law to 
address issues and problems identified by the Coast Guard. 
These proposals include provisions to seek efficiencies in 
Coast Guard operations and parity with Department of Defense 
personnel laws and regulations. Specific provisions authorize 
the acquisition and operation of seven excess Navy 170-foot 
patrol craft; raise the eligible rank of the Coast Guard Band 
Director; assure continued Coast Guard representation on the 
USO Board of Governors; extend the definition of isolated duty 
stations for compensatory absence purposes; allow accelerated 
promotion of certain Coast Guard officers; create a Coast Guard 
Academy Board of Trustees; provide special incentive pay to 
physicians assistants; suspend retirement pay for members who 
flee the U.S. to avoid prosecution; increase the borrowing 
authority for the Oil Spill Liability Trust Fund (OSLTF); 
eliminate redundant OSLTF reports; extend the Territorial Sea 
to 12 miles with regard to radiotelephone regulations for 
foreign flag vessels; exempt certain non-critical entertainment 
and service workers from merchant marine documentation 
requirements; and extend the charters of various marine 
advisory committees.

                          Legislative History

  On February 24, 1999, the Committee held a hearing on the 
Administration's budget request for FY 2000 and on the 
Administration's proposed legislation to authorize Coast Guard 
programs and activities for FY 2000 and FY 2001. In addition to 
reviewing the Administration's budget priorities for the Coast 
Guard, the hearing addressed the need to reverse the trend of 
declining military readiness through stronger personnel 
retention incentives and concentrated recruiting activities; 
the Coast Guard's Y2K preparation; evolving drug interdiction 
challenges and the need to fully fund the Deepwater procurement 
program and recapitalization of the aging national maritime 
distress and response system.
  S. 1089 was introduced on May 20, 1999, by Senator Snowe, 
with Senators McCain, Hollings, Kerry, Breaux and Inouye as 
original cosponsors. On April 13, 2000, the bill was considered 
by the Committee in an open executive session. Senators Snowe 
and Kerry offered an amendment in the nature of a substitute 
and the Committee, without objection, ordered S. 1089 reported 
with an amendment.

                      Summary of Major Provisions

  Authorization Levels: S. 1089, as reported, authorizes 
appropriations for the Coast Guard accounts covered in the bill 
that total $3.95 billion in FY 2000 and $4.55 billion in FY 
2001. Appropriations for FY 2002 are authorized at the levels 
that may be required at that time, consistent with the 
Administration's request. The authorization levels in the bill 
are generally consistent with the Administration's bill.
  Within the AC&I; account, the Committee supports full funding 
for the Coast Guard's Deepwater System acquisition program. 
This multi-year effort to recapitalize the service's surface 
fleet, air force and command and control system is critical to 
the long-term viability of Coast Guard operations in offshore 
waters. With an aging fleet of cutters and aircraft, 
maintenance and personnel costs will rise dramatically unless 
the fleets are replaced. Further, the multi-mission nature of 
the Coast Guard requires a modern and flexible fleet that will 
continue operating as a unique vehicle of national security.
  The reported bill also authorizes FY 2000, FY 2001, and FY 
2002 end-of-year active duty military strength levels of 
40,000, 44,000, and 45,500, respectively. These end-of-year 
strength levels are significantly larger than FY 1999. The 
Committee notes that Coast Guard missions and demands have 
continued to expand over the past several years. Moreover, the 
agency's current strength is comparable to the Coast Guard of 
1966, before the advent of migrant interdiction, large-scale 
fisheries law enforcement or maritime drug interdiction. The 
recent report on Coast Guard roles and missions reaffirmed the 
need for a strong Coast Guard in the 21st century. Therefore, 
the Committee increased the end-of-year strength numbers beyond 
those recommended by the Administration to ensure that the 
Coast Guard has the personnel resources and flexibility it 
needs to meets these new challenges and demands.
  Annual Training Student Levels are Authorized as Requested: 
For FY 2001 and FY 2002, loads for flight training increase by 
25 students per year in an attempt to offset the recent 
departure of qualified aviators from the service. The Committee 
notes that approximately forty percent of current mid-grade 
Coast Guard officers (8 to 15 years of service) who fly fixed-
wing aircraft, have requested resignation from the service.
  LORAN-C: Authority is granted to the Secretary of 
Transportation to transfer $20 million in FY 2001 and $40 
million in FY 2002 from the Federal Aviation Administration to 
the Coast Guard. This funding is intended to recapitalize the 
aging LORAN-C radio navigation system. The LORAN-C system 
remains the primary navigation tool for many vessels and 
general aviation aircraft, and a viable back-up system for some 
military aircraft. It is critical to maritime traffic and 
should be available for accurate use.
  Patrol Craft: The bill authorizes the Coast Guard to accept, 
modify and operate up to seven excess Navy patrol craft. The 
170-foot vessels will be used primarily in the Coast Guard's 
drug interdiction mission. These ships have been used 
successfully by the Navy in the Caribbean Basin to conduct 
counter narcotics operations in support of Coast Guard forces. 
The Navy's plans to decommission the vessels would decrease the 
overall number of assets devoted to maritime drug interdiction. 
The logical transfer of these ships to Coast Guard service will 
maintain the existing counterdrug infrastructure and provide 
the service with tested multi-mission platforms in good 
condition.
  Up to $100 million is authorized to be appropriated to 
outfit, man and operate the ships. This additional funding is 
required to modify the ships to Coast Guard standards, overhaul 
worn out equipment, construct shoreside facilities and train 
Coast Guard personnel.
  DOD Parity: The reported bill provides the Secretary of 
Transportation (Secretary) with discretionary authority to 
promote the Coast Guard Band Director from the rank of 
Commander to the rank of Captain. It also makes a technical 
correction to allow Coast Guard voting representation on the 
USO Board of Governors which provides parity with the other 
armed services.
  The reported bill authorizes the Coast Guard to provide 
physician assistants with incentive pay to encourage retention. 
Currently there are six physician assistants in the Coast Guard 
who would be eligible under this provision. Increasing the 
number of physician assistants would help the Coast Guard more 
efficiently and effectively deliver medical care. However, each 
year the CoastGuard loses three to four physician assistants, 
approximately the equivalent number recruited each year. Special pay 
will provide an incentive for these trained medical professionals to 
remain in the service rather than leaving to pursue more lucrative 
employment in the private sector. Additionally, the Coast Guard is 
authorized to suspend retirement pay for members who flee the U.S. to 
avoid prosecution.
  Coast Guard Personnel Management and Administration: The 
current definition of ``isolated duty'', for the purposes of 
compensatory absence, is limited to lightships and other 
isolated aids to navigation. Coast Guard missions have changed 
since the original provision was enacted in 1955. Today, marine 
inspectors are stationed at remote locations to protect the 
environment and ensure vessel safety. This new provision will 
change the definition of isolated duty locations to encompass 
current Coast Guard mission areas and provide equity within the 
service.
  The reported bill also authorizes promotion boards to 
recommend exceptionally high-performing officers for 
advancement ahead of their peers, within their promotion zone, 
without causing the non-promotion of other officers. Currently 
the only method to advance the promotion of an officer relative 
to his peers on the Active Duty Promotion List is through 
selection from below the identified promotion zone. Due to the 
competitive nature of advancement, the advanced promotion of 
one officer results in the non-selection of another. This 
provision will allow the reward of one officer without 
disadvantaging another highly performing officer.
  The reported bill also authorizes the Coast Guard to form a 
Board of Trustees for the Coast Guard Academy similar to those 
established at other colleges and universities.
  Extension of Territorial Sea for Vessel Bridge-to-Bridge 
Radio Telephone: The reported bill extends Coast Guard 
authority to enforce radiotelephone monitoring requirements 
from 3 miles to 12 miles offshore. Recent changes to the 
international Safety of Life at Sea (SOLAS) Convention have 
removed the requirement that ships maintain a watch on the 
distress, safety and calling VHF-FM channel 16. Thus, there is 
no international requirement for foreign vessels to monitor 
radiotelephone equipment between 3 and 12 miles off U.S. 
shores. U.S. flag vessels are already required to monitor 
channel 16 within 12 miles of shore. This provision will only 
affect foreign flag vessels operating within the Territorial 
Sea and increases safety for operation of such foreign flag 
vessels.
  Report on Icebreaking Services: The reported bill requires 
the Coast Guard to report to the Committee, within 9 months, on 
the use of WYTL-class harbor tugs and the Coast Guard's 
icebreaking mission. In FY 2000, the Coast Guard proposed to 
decommission eleven WYTL-class harbor tugs. These tugs provide, 
among other things, icebreaking services critical to several 
East coast areas. The Coast Guard acknowledged that there would 
be a degradation of service and did not have a plan to minimize 
the impact. The Coast Guard's FY 2001 budget request did not 
propose to decommission these tugs and the Committee agrees 
with that proposal. The Committee further notes that during the 
harsh 1999-2000 winter, these WYTL-class harbor tugs conducted 
many successful icebreaking missions.
  Oil Spill Liability Trust Fund (OSLTF): The reported bill 
authorizes the Coast Guard to borrow up to $100 million for 
emergency oil spill cleanup costs. Under current law, the Oil 
Spill Liability Trust Fund (OSLTF), known as the Parent Fund, 
pays claims, salaries, operating expenses, and scheduled 
expenditures associated with the Oil Pollution Act of 1990. 
Additionally, a permanent annual appropriation of $50 million 
is taken from the Parent Fund and made available to carry out 
emergency oil spill response needs. This fund is called the 
Emergency Fund. Expenditures from the Emergency Fund are then 
collected from responsible parties and reimbursed to the Parent 
Fund. Annual Emergency Fund expenditures during the last 4 
years have been approximately $42-$50 million, without a major 
oil spill.
  Although an emergency supplemental appropriations request 
could be submitted to replenish the Emergency Fund, a spill 
similar to the Exxon Valdez could deplete the fund in 2-3 
weeks. If Congress were not in session when the fund ran out, 
there would be no way to secure the additional funding needed 
to continue response work. This provision would authorize the 
Coast Guard to borrow up to an additional $100 million, per 
incident, from the OSLTF Parent Fund and use the funds for 
emergency oil spill response costs. Funds borrowed from the 
Parent Fund under these circumstances would be repaid to the 
Parent Fund when the funds are recovered from the responsible 
party by the Coast Guard. It also requires the Coast Guard to 
notify Congress of the amount borrowed and the circumstances 
necessitating the loan within 30 days.
  Merchant Mariner Documentation Requirements: The reported 
bill authorizes the Coast Guard to eliminate the merchant 
mariner document requirement for vessel employees who do not 
have operation, navigation, or safety responsibilities 
(including emergency responsibilities) on U.S. merchant 
vessels. This Administration-requested provision is intended to 
apply to casino workers, entertainers, and food service 
personnel on board U.S. flag ships. According to the 
Administration, requiring documentation of such service 
personnel does not significantly enhance maritime safety and 
places an unnecessary administrative burden on the Coast Guard 
and such employees.
  Reports and Studies: In the reported bill, the Coast Guard is 
required to report on the implementation of the National 
Transportation Safety Board (NTSB) recommendations resulting 
from the Morning Dew incident, a recreational sailboat accident 
that resulted in the loss of four lives on December 29, 1997 
outside of Charleston, S.C. In particular, the agency must 
report on efforts to fill communications gaps identified by the 
NTSB, such as the need for direction-finding equipment that 
might avert the recurrence of such an accident. This is of 
particular concern to the Committee because the National 
Distress and Response System Modernization Project (NDRSMP) is 
in development, but improvements from such efforts have not 
been realized. Further, NDRSMP is not scheduled for operational 
production and deployment until 2004. The Committee is also 
requesting the agency to report on safety benefits that might 
be realized by accelerating funding for gap-filling measures or 
for the NDRSMP.
  The Coast Guard is also required to study the Harbor Safety 
Committee model used in various U.S. ports. These committees 
attempt to improve navigational and port safety by identifying 
impediments to safety, then collaboratively developing ways to 
overcome them through local coordination of maritime 
stakeholders. The Ports and Waterways Safety Committee for the 
Columbia River in Oregon could be a model to establish 
prototype groups in small and medium-sized ports such as Coos 
Bay, Oregon, the site of the New Carissa accident.
  Transfer of Coast Guard Station Scituate property to NOAA: 
The reported bill authorizes the Coast Guard to move out of 
Coast Guard Station Scituate and transfer the facility to NOAA. 
It also authorizes NOAA to provide the Massachusetts 
Environmental Police living, working, docking, and berthing 
space comparable to the space that has been provided by the 
U.S. Coast Guard at Station Scituate.
  Marine Electrical Cable: While the reported bill contains no 
specific provisions on marine electrical cable, the Committee 
notes that the Coast Guard's recent proposed rulemaking on 
marine electrical cable does not solicit comments on the 
adoption of IEEE Std. 45 (1998 edition). The 1983 edition is 
currently in effect. The 1998 edition includes several cable 
types not included in the earlier edition and is being widely 
used by the marine electrical cable industry. The Committee 
believes that the Coast Guard should undertake a rulemaking 
project to consider adoption of the IEEE Std. 45 (1998 edition) 
marine electrical cable standard.
  Wood Composites for Waterfront Facilities: While the reported 
bill contains no specific provisions on wood composite 
products, the Committee is aware that new technology is under 
development using environmentally-sound wood composites in the 
marine environment to construct piers and waterfront 
structures. The Committee believes this technology is 
worthwhile and coordination between the researchers and the 
Coast Guard may be beneficial. The Coast Guard may want to 
incorporate wood composites in future waterfront construction 
projects once the technology is proven to be cost effective and 
structurally sound in the marine environment.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 2, 2000.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1089, the Coast 
Guard Authorization Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                       Steven M. Lieberman,
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1089--Coast Guard Authorization Act of 2000

    Summary: S. 1089 would authorize appropriations totaling 
$7.1 billion for discretionary programs of the U.S. Coast Guard 
(USCG)--primarily for fiscal years 2000 and 2001. Of that 
total, $3.2 billion has already been appropriated for 2000. In 
addition to that spending, appropriating the remaining amounts 
would cost $3.9 billion over the 2000-2005 period.
    For 2000, the bill would authorize about $3.3 billion, 
including about $2.8 billion for operating expenses, $489 
million for acquisition and other capital projects, $19 million 
for research activities, $15 million for bridge alterations, 
and $17 million for environmental compliance.
    For 2001, the bill would authorize $3.8 billion, including 
$3.2 billion for operations, $540 million for capital projects, 
$21 million for research, $15 million for bridge alterations, 
and $17 million for environmental compliance. For fiscal year 
2002, the bill would authorize an additional $48 million for 
equipment acquisition and construction projects.
    Of the amounts authorized for each of fiscal years 2000 and 
2001, $48.5 million would be derived from the Oil Spill 
Liability Trust Fund (OSLTF). S. 1089 also would authorize the 
appropriation of whatever sums are necessary for retirement 
benefits in 2000 and 2001.
    S. 1089 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. The bill 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
impose no significant costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: Assuming 
appropriation of the entire amounts authorized for 
discretionary programs, fiscal year 2000 funding would be $103 
million (or 3 percent) more than 2000 appropriations to date. 
Funding for 2001 would grow by 14 percent. The estimated 
budgetary effects of the legislation are summarized in the 
following table. The costs of this legislation fall within 
budget functions 300 (natural resources and environment) and 
400 (transportation).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2000     2001     2002     2003     2004     2005
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

USCG Spending Under Current Law:
    Budget Authority/Authorization Level \1\..............    3,219       29        0        0        0        0
    Estimated Outlays.....................................    3,345      992      362      153       49       30
Proposed Changes:
    Authorization Level...................................      103    3,764       48        0        0        0
    Estimated Outlays.....................................       21    2,691      685      265      146       46
USCG Spending Under S. 1089:
    Authorization Level \1\...............................    3,322    3,793       48        0        0        0
    Estimated Outlays.....................................    3,366    3,683    1,047      418      195      76
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for the year to date.

    Amounts for Coast Guard retirement have not been included 
in the above table because such pay is an entitlement under 
current law, requiring no annual authorization of 
appropriations.
    Basis of estimate: For purposes of this estimate, CBO 
assumes that S. 1089 will be enacted during fiscal year 2000, 
and that the full amounts authorized for USCG programs will be 
appropriated for each fiscal year.
    The additional authorizations for 2000 and 2001 are the 
amounts stated in the bill for discretionary accounts, 
excluding $28.5 million of the $48.5 million to be derived from 
the OSLTF. (These amounts, which consist of $25 million for 
Coast Guard operations and $3.5 million for research, have been 
excluded because such funding is already authorized under 
existing law.) Outlay estimates are based on historical 
spending patterns for Coast Guard programs.
    Other provisions of S. 1089 are not expected to have any 
significant impact on the federal budget.
    Pay-as-you-go considerations: None.
    Estimated impact on state, local, and tribal governments: 
S. 1089 contains no intergovernmental mandates as defined in 
UMRA and would have no impact on the budgets of state, local, 
or tribal governments.
    Estimated impact on the private sector: S. 1089 would 
extend from 3 miles to 12 miles the territorial sea of the 
United States for purposes of enforcing portions of the Vessel 
Bridge-to-Bridge Radiotelephone Act. The bill would extend the 
territorial sea coverage of existing private-sector mandates 
that require foreign flag vessels to monitor specific radio 
frequencies for safety purposes. Based on information provided 
by the Coast Guard, CBO estimates that this bill should impose 
no additional costs on the private sector because the same 
number of ships would be affected as under current law.
    Previous CBO estimate: On March 11, 1999, CBO transmitted a 
cost estimate for H.R. 820, the Coast Guard Authorization Act 
of 1999, as ordered reported by the House Committee on 
Transportation and Infrastructure on March 11, 1999. 
Differences in the two estimates reflect the lower 
authorization levels contained in S. 1089, which would 
authorize $0.8 billion less for fiscal year 2000 and $0.3 
billion less for 2001. S. 1089 also would authorize an 
additional $48 million for 2002, while H.R. 820 would not 
authorize any funding for 2002.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Victoria Heid Hall; 
and Impact on the Private Sector: Jean Wooster.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported.

                       number of persons covered

  S. 1089 as reported by the Committee authorizes 
appropriations to continue existing Coast Guard programs and 
makes a number of changes to current law. The bill would have 
little, if any, regulatory impact, but a few of the bill's 
sections could impact some individuals and businesses, and the 
effects of these sections can be clarified as follows:
  Section 207 authorizes the Coast Guard to suspend the retired 
pay of Coast Guard members who flee the United States to avoid 
prosecution. This provision provides compensation parity with 
current law applied to retired military personnel under the 
Department of Defense. However, this section would not impose 
new regulatory requirements on such individuals.
  Section 301 requires foreign flag vessels to monitor inter-
ship radiotelephone frequencies when operating within U.S. 
Territorial waters (3-12 miles offshore). Under current law, 
foreign flag vessels are required to monitor such frequencies 
when operating between 0-3 miles offshore and this provision 
extends that requirement to 12 miles. Recent changes to the 
international Safety of Life at Sea (SOLAS) Convention have 
removed the requirement that ships maintain a watch on the 
distress, safety and calling VHF-FM channel 16. Thus, there is 
no international requirement for foreign vessels to monitor 
radiotelephone equipment between 3 and 12 miles off U.S. 
shores. Because U.S. flag vessels are already required to 
monitor channel 16 within 12 miles of shore, section 301 of the 
reported bill will only affect foreign flag vessels operating 
within the Territorial Sea. This provision expands the area of 
application of this law and is intended to provide for safe 
maritime transportation and protection of the environment. 
Since nearly all marine transport vessels operating from 3 to 
12 miles offshore also operate between 0 and 3 miles offshore, 
they are already subject to the requirements of the law amended 
by the reported bill.

                            economic impact

  As noted above, sections 207 and 301 of the reported bill 
could have an economic impact on some individuals and 
businesses, but these impacts would result from DoD 
compensation parity reforms and provisions intended to provide 
for safe maritime transportation and protection of the 
environment. These sections do not impose new regulatory 
requirements on individuals and businesses.

                                privacy

  The reported bill would have little, if any, impact on the 
personal privacy of U.S. citizens.

                               paperwork

  S. 1089 as reported should not significantly increase 
paperwork requirements for individuals and businesses.

                      Section-by-Section Analysis


Section 1. Short Title.

  This section of the reported bill states the short title of 
the bill as the ``Coast Guard Authorization Act for Fiscal 
Years 2000''.

                        TITLE I--AUTHORIZATIONS


Sec. 101. Authorization of Appropriations.

  This section of the reported bill would authorize Coast Guard 
appropriations for FY 2000, FY 2001, and FY 2002. The following 
chart summarizes the FY 2000 and the FY 2001 authorization 
levels proposed in subsections (a) and (b), respectively:

      PROPOSED LEVELS FOR PROGRAMS AUTHORIZED IN S. 1089 AS REPORTED

                 [By fiscal year, in millions of dollars]

------------------------------------------------------------------------
             Programs                    FY 2000            FY 2001
------------------------------------------------------------------------
Operating Expenses                              2,781              3,199
AC&I;                                            389.3                520
R&D;                                                19               21.3
Retired Pay                               As required        As required
Alteration of Bridges                              15                 15
Environmental Compliance                           17               16.7
Total                                         3,221.3              3,772
------------------------------------------------------------------------

  Additionally, subsection (b) authorizes $110 million from the 
FY 2001 AC&I; account to be spent for construction of a vessel 
to replace the Coast Guard Cutter Mackinaw. A similar 
authorization is provided in FY 2002, when $8 million is 
designated for construction of the replacement cutter. In both 
fiscal years, this funding level matches the Administration's 
budget request.
  The Coast Guard estimates retired pay will cost $730 million 
in FY 2000 and $778 million in FY 2001.
  At this time, specific budget estimates are not available for 
FY 2002, therefore subsection (c) authorizes appropriations for 
FY 2002 as required to fully fund the agency.
Sec. 102. Authorized Levels of Military Strength and Training.
  This section of the reported bill provides authorization for 
levels of military personnel strength and training for FY 2000, 
FY 2001, and FY 2002. Subsection (a) authorizes a Coast Guard 
end-of-fiscal-year strength for active duty military personnel 
of 40,000 as of September 30, 2000. Subsection (b) authorizes 
average military training student loads in FY 2000 of 1,500 
student years for recruit and special training; 100 student 
years for flight training; 300 student years for professional 
training in military and civilian institutions; and 1000 
student years for officer acquisition.
  Subsection (c) authorizes a Coast Guard end-of-fiscal-year 
strength for active duty military personnel at 44,000 as of 
September 30, 2001. Subsection (d) authorizes average military 
training student loads in FY 2001 of 1,500 student years for 
recruit and special training; 125 student years for flight 
training; 300 student years for professional training in 
military and civilian institutions; and 1000 student years for 
officer acquisition.
  Subsection (e) authorizes a Coast Guard end-of-fiscal-year 
strength for active duty military personnel at 45,500 as of 
September 30, 2002. Subsection (f) authorizes average military 
training student loads in FY 2002 of 1,500 student years for 
recruit and special training; 125 student years for flight 
training; 300 student years for professional training in 
military and civilian institutions; and 1000 student years for 
officer acquisition. The authorized strength levels in this 
section do not include members of the Coast Guard Ready Reserve 
called to active duty for special or emergency augmentation of 
regular Coast Guard forces for periods of 180 days or less.

Sec. 103. LORAN-C.

  This section of the reported bill authorizes the Department 
of Transportation to transfer $20 million in FY 2001 and $40 
million in FY 2002 from the Federal Aviation Administration to 
the Coast Guard for recapitalization of LORAN-C radio 
navigation system.

Sec. 104. Patrol Craft.

  This section of the reported bill authorizes the Coast Guard 
to receive and operate up to seven excess PC170 patrol ships 
from the U.S. Navy. The vessels will primarily operate in 
support of the drug interdiction mission area. This section 
authorizes $100 million, in addition to funds authorized in 
section 101, for outfitting and operating the vessels.

                     TITLE II--PERSONNEL MANAGEMENT


Sec. 201. Coast Guard Band Director Rank.

  This section of the reported bill amends section 336(d) of 
title 14, U.S. Code, to authorize the Coast Guard to promote 
the Coast Guard Band Director from the rank of Commander to the 
rank of Captain. This provision assures parity with the other 
Services which provide their band directors eligibility to 
attain the officer grade level of O-6 (Captain).

Sec. 202. Coast Guard Membership on the USO Board of Governors.

  This section of the reported bill amends section 220104 of 
title 36, U.S. Code, to authorize voting representation for the 
Coast Guard on the USO Board of Governors. The Department of 
Justice has prohibited Federal employees from participating as 
government officials on matters in which the organization has a 
financial interest. By statute the other four Armed Services 
are allowed to appoint an active duty member to the USO Board. 
This provision provides parity with the Department of Defense 
and authorizes the Coast Guard to make a similar appointment to 
the USO Board.

Sec. 203. Compensatory Absense for Isolated Duty.

  This section of the reported bill amends section 511 of title 
14, U.S. Code which limits the definition of Isolated Duty, for 
the purposes of compensatory absence, to lightships and other 
isolated aids to navigation. Because Coast Guard mission areas 
have changed since the law was enacted in 1955, this provision 
allows the definition of isolated duty locations to encompass 
current Coast Guard mission areas.

Sec. 204. Accelerated Promotion of Certain Coast Guard Officers.

  This section of the reported bill amends sections 259, 260(a) 
and 271(a) of Title 14, U.S. Code, to authorize the Coast Guard 
to advance officers ahead of their peers within a given 
promotion zone, without disadvantaging other high performing 
officers.

Sec. 205. Coast Guard Academy Board of Trustees.

  This section of the reported bill amends sections 193 and 
194(a) of title 14, U.S. Code, to replace the former Coast 
Guard Academy Advisory Committee with a Coast Guard Academy 
Board of Trustees. The statutory authority for the Advisory 
Committee expired on September 24, 1994.

Sec. 206. Special Pay for Physician Assistants.

  This section of the reported bill amends section 302(c) of 
title 37, U.S. Code, to authorize the Coast Guard to provide 
special pay to physician assistants in the Coast Guard or Coast 
Guard Reserve. Under current law, Coast Guard physician 
assistants are not eligible for the special pay received by 
their counterparts in the Army, Navy, Air Force, and Public 
Health Service.

Sec. 207. Suspension of Retired Pay of Coast Guard Members Who are 
        Absent from the United States to Avoid Prosecution.

  This section of the reported bill provides parity between the 
Department of Transportation and the Department of Defense to 
prevent retired Coast Guard members from receiving pay if they 
flee the country to avoid prosecution.

         TITLE III--MARINE SAFETY AND ENVIRONMENTAL PROTECTION


Sec. 301. Extension of Territorial Sea for Vessel Bridge to--Bridge 
        Radiotelephone Act.

  This section of the reported bill amends section 1203(b) of 
Title 33, U.S. Code, to require foreign flag vessels to monitor 
inter-ship radiotelephone frequencies when operating within 
U.S. Territorial waters (3-12 miles offshore).

Sec. 302. Report of Icebreaking Services.

  This section requires the Coast Guard to report on the impact 
of potential decommissioning of the WYTL-class icebreakers, 
including the degradation of current icebreaking services. It 
also prohibits the Coast Guard from decommissioning such 
vessels until 9 months after the report has been submitted to 
Congress.

Sec. 303. Oil Pollution Trust Fund Annual Report.

  This section of the reported bill eliminates the requirement 
for an annual report to Congress of information which is 
duplicated in other required reports.

Sec. 304. Oil Spill Liability Trust Fund; Emergency Fund Borrowing 
        Authority.

  This section of the reported bill amends section 2752(b) of 
title 33, U.S. Code, to provide the Coast Guard authority to 
borrow up to $100 million for emergency oil spill cleanup from 
the Oil Spill Liability Trust Fund.

Sec. 305. Merchant Mariner Documentation Requirements.

  This section of the reported bill amends section 8701(a) of 
title 46, U.S. Code, to authorize the Coast Guard to eliminate 
the merchant mariner document requirement for vessel employees 
who do not have operation, navigation or safety 
responsibilities (including emergency responsibilities) on U.S. 
merchant vessels. This section is intended to apply to casino 
workers, entertainers and food service personnel on board U.S. 
flag ships.

                  TITLE IV--RENEWAL OF ADVISORY GROUPS


Sec. 401. Commercial Fishing Industry Vessel Advisory Committee.

  This section of the reported bill amends section 4508 of 
title 46, U.S. Code, to authorize the Coast Guard to extend the 
Commercial Fishing Vessel Advisory Committee from 2000 to 2005 
and make technical changes.

Sec. 402. Houston-Galveston Navigation Safety Advisory Committee.

  This section of the reported bill amends section 18 of the 
Coast Guard Authorization Act of 1991 (P.L. 102-241), to 
authorize the Coast Guard to extend the Houston-Galveston 
Navigation Safety Advisory Committee from 2000 to 2005 and make 
technical changes.

Sec. 403. Lower Mississippi River Waterway Advisory Committee.

  This section of the reported bill amends section 19 of the 
Coast Guard Authorization Act of 1991 (P.L. 102-241), to 
authorize the Coast Guard to extend the Lower Mississippi River 
Waterway Advisory Committee from 2000 to 2005 and make 
technical changes.

Sec. 404. Great Lakes Pilotage Advisory Committee.

  This section of the reported bill amends section 9307 of 
title 46, U.S. Code, to authorize the Coast Guard to extend the 
Great Lakes Pilotage Advisory Committee from 2003 to 2005 and 
make technical changes.

Sec. 405. Navigation Safety Advisory Council.

  This section of the reported bill amends section 2073 of 
title 33, U.S. Code, to authorize the Coast Guard to extend the 
Navigation Safety Advisory Council from 2000 to 2005 and make 
technical changes.

Sec. 406. National Boating Safety Advisory Council.

  This section of the reported bill amends section 13110 of 
title 46, U.S. Code, to authorize the Coast Guard to extend the 
National Boating Safety Advisory Council from 2000 to 2005 and 
make technical changes.

Sec. 407. Towing Safety Advisory Committee.

  This section of the reported bill amends section 1231(a) of 
title 33, U.S. Code, to authorize the Coast Guard to extend the 
Towing Safety Advisory Committee from 2000 to 2005 and make 
technical changes.

                         TITLE V--MISCELLANEOUS


Sec. 501. Coast Guard Report on Implementation of NTSB Recommendations.

  This section of the reported bill requires the Coast Guard to 
report to Congress within 90 days to describe the agency's 
implementation of NTSB recommendations following the Morning 
Dew accident (NTSB Report MAR-99-01).

Sec. 502. Conveyance of Coast Guard Property in Portland, Maine.

  This section of the reported bill authorizes the Coast Guard 
to transfer excess property in Portland harbor to the Gulf of 
Maine Aquarium Development Corporation.

Sec. 503. Transfer of Coast Guard Station Scituate to the National 
        Oceanic and Atmospheric Administration.

  This section of the reported bill authorizes the Coast Guard 
to transfer excess Coast Guard property in Scituate, MA to NOAA 
for use as a docking facility for research and survey vessels.

Sec. 504. Harbor Safety Committees.

  This section of the reported bill requires the Coast Guard to 
study existing waterway safety committees to test the 
feasibility of expanding the concept to small and medium-sized 
ports.

Sec. 505. Authority for Dry Bulk Cargo Residue Disposal.

  This section of the reported bill amends section 415 of the 
Coast Guard Authorization Act of 1998 (P.L. 105-383), to extend 
a provision of current law to September 30, 2003. The provision 
relates to a 1997 Coast Guard enforcement policy for disposal 
of dry bulk cargo residue in the Great Lakes.

Sec. 506. Vessel MIST COVE.

  This section incorporates the House passed bill, H.R. 3903, 
to deem the vessel M/V Mist Cove to be less than 100 gross 
tons, as measured under chapter 145 of title 46, U.S. Code.

Sec. 507. Lighthouse Conveyance.

  This section requires the Coast Guard to convey Point Retreat 
Light Station in Alaska to the Alaska Lighthouse Association 
within 3 months of enactment. This conveyance was previously 
authorized by section 416(a)(1)(H) of P.L. 105-383.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                         TITLE 14. COAST GUARD


                      PART I. REGULAR COAST GUARD

                     CHAPTER 9. COAST GUARD ACADEMY

[Sec. 193. Advisory Committee

  [The Secretary may appoint an Advisory Committee to the 
Academy, consisting of not more than seven persons of 
distinction in education and other fields relating to the 
purposes of the Academy, who shall serve without pay (or, in 
the case of a member of the Committee who is an officer or 
employee of the United States, who shall receive no additional 
pay on account of his service on the Committee). Members of the 
Advisory Committee shall be appointed for terms of not to 
exceed three years and may be reappointed. The Secretary shall, 
in June of each year, appoint one of the members to serve as 
chairman. The members so appointed shall visit the Academy at 
least once during the academic year on the call of the chairman 
and may convene once each year at Headquarters, at the call of 
the Commandant, for the purpose of examining the course of 
instruction and advising the Commandant relative thereto. Each 
member of the Committee shall be reimbursed from Coast Guard 
appropriations in conformity with the provisions of chapter 57 
of title 5. The Secretary shall, not less often than once a 
year, publish notice in the Federal Register for solicitation 
of nominations for membership on the Advisory Committee. The 
Advisory Committee is authorized to make available to Congress 
any information, advice, and recommendations which the Advisory 
Committee is authorized to give to the Secretary or the 
Commandant. The Committee terminates on September 30, 1994.]

Sec. 193. Board of Trustees.

  (a) Establishment.--The Commandant of the Coast Guard may 
establish a Coast Guard Academy Board of Trustees to provide 
advice to the Commandant and the Superintendent on matters 
relating to the operation of the Academy and its programs.
  (b) Membership.--The Commandant shall appoint the members of 
the Board of Trustees, which may include persons of distinction 
in education and other fields related to the missions and 
operation of the Academy. The Commandant shall appoint a 
chairperson from among the members of the Board of Trustees.
  (c) Expenses.--Members of the Board of Trustees who are not 
Federal employees shall be allowed travel expenses while away 
from their homes or regular places of business in the 
performance of service for the Board of Trustees. Travel 
expenses include per diem in lieu of subsistence in the same 
manner as persons employed intermittently in the Government 
service are allowed expenses under section 5703 of title 5.
  (d) FACA Not To Apply.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Board of Trustees 
established pursuant to this section.

Sec. 194. Annual Board of Visitors

  (a) In addition to the [Advisory Committee,] Board of 
Trustees a Board of Visitors to the Academy is established to 
visit the Academy annually and to make recommendations on the 
operation of the Academy.
  (b) The Board shall be composed of--
          (1) two Senators designated by the Chairman of the 
        Committee on Commerce, Science, and Transportation of 
        the Senate;
          (2) three Members of the House of Representatives 
        designated by the Chairman of the Committee on Merchant 
        Marine and Fisheries of the House of Representatives;
          (3) one Senator designated by the President of the 
        Senate;
          (4) two Members of the House of Representatives 
        designated by the Speaker of the House of 
        Representatives; and
          (5) the Chairman of the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Chairman of the Committee on Merchant Marine and 
        Fisheries of the House of Representatives, as ex 
        officio Members.
  (c) When a Member is unable to attend the annual meeting 
another Member may be designated as provided under subsection 
(b).
  (d) When an ex officio Member is unable to attend the annual 
meeting that Member may designate another Member.
  (e) Members of the Board shall be designated in the First 
Session and serve for the duration of the Congress.
  (f) The Board shall visit the Academy annually on the date 
chosen by the Secretary. Each Member of the Board shall be 
reimbursed, to the extent permitted by law, by the Coast Guard 
for actual expenses incurred while engaged in duties as a 
Member of the Board.

                     CHAPTER 11. PERSONNEL OFFICERS

                       B. SELECTION FOR PROMOTION

Sec. 259. Officers to be recommended for promotion

  (a) A selection board convened to recommend officers for 
promotion shall recommend those eligible officers whom the 
board considers best qualified of the officers under 
consideration for promotion. No officer may be recommended for 
promotion unless he 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.
  (b) The number of officers that a board convened under 
section 251 of this title may recommend for promotion to a 
grade below rear admiral (lower half) from among eligible 
officers junior in rank to the junior officer in the 
appropriate promotion zone may not exceed--
          (1) 5 percent of the total number of officers that 
        the board is authorized to recommend for promotion to 
        the grade of lieutenant or lieutenant commander;
          (2) 7\1/2\ percent of the total number of officers 
        that the board is authorized to recommend for promotion 
        to the grade of commander; and
          (3) 10 percent of the total number of officers that 
        the board is authorized to recommend for promotion to 
        the grade of captain;
unless such percentage is a number less than one, in which case 
the board may recommend one such officer for promotion.
  (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 5 members, or at 
least two-thirds of the members of a board composed of more 
than 5 members.

Sec. 260. Selection boards; reports

  (a) Each board convened under section 251 of this title shall 
submit a report in writing, signed by all the members thereof, 
containing the names of the officers recommended for 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.
  (b) A board convened under section 251 of this title shall 
certify that, in the opinion of at least a majority of the 
members if the board has five members, or in the opinion of at 
least two-thirds of the members if the board has more than five 
members, the officers recommended for promotion are the best 
qualified for promotion of those officers whose names have been 
furnished to the board.

                             C. PROMOTIONS

Sec. 271. Promotions; appointments

  (a) When the report of a board convened to recommend officers 
for promotion has been approved by the President, the Secretary 
shall place the names of all officers selected and approved on 
a list of selectees in the order of their seniority on the 
active duty promotion list. 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.
  (b) Officers on the list of selectees may be promoted by 
appointment in the next higher grade to fill vacancies in the 
authorized active duty strength of the grade as determined 
under section 42 of this title after officers on any previous 
list of selectees for that grade have been promoted. Officers 
shall be promoted in the order that their names appear on the 
list of selectees. The date of rank of an officer promoted 
under this subsection shall be the date of his appointment in 
that grade.
  (c) An officer serving on active duty in the grade of ensign 
may, if found fully qualified for promotion in accordance with 
regulations prescribed by the Secretary, be promoted to the 
grade of lieutenant (junior grade) by appointment after he has 
completed twelve months' active service in grade. The date of 
rank of an officer promoted under this subsection shall be the 
date of his appointment in the grade of lieutenant (junior 
grade) as specified by the Secretary.
  (d) When a vacancy in the grade of rear admiral occurs, the 
senior rear admiral (lower half) serving on the active duty 
promotion list shall be appointed by the President, by and with 
the advice and consent of the Senate, to fill the vacancy. The 
appointment shall be effective on the date the vacancy 
occurred.
  (e) Appointments of regular officers under this section shall 
be made by the President, by and with the advice and consent of 
the Senate except that advice and consent is not required for 
appointments under this section in the grade of lieutenant 
(junior grade) or lieutenant. Appointments of Reserve officers 
shall be made as prescribed in section 12203 of title 10.
  (f) The promotion of an officer who is under investigation or 
against whom proceedings of a court-martial or a board of 
officersare pending may be delayed without prejudice by the 
Secretary until completion of the investigation or proceedings. 
However, unless the Secretary determines that a further delay is 
necessary in the public interest, a promotion may not be delayed under 
this subsection for more than one year after the date the officer would 
otherwise have been promoted. An officer whose promotion is delayed 
under this subsection and who is subsequently promoted shall be given 
the date of rank and position on the active duty promotion list in the 
grade to which promoted that he would have held had his promotion not 
been so delayed.

                      F. MISCELLANEOUS PROVISIONS

Sec. 336. United States Coast Guard Band; composition; director

  (a) The United States Coast Guard Band shall be composed of a 
director and other personnel in such numbers and grades as the 
Secretary determines to be necessary.
  (b) The Secretary shall designate the director from among 
qualified members of the Coast Guard. Upon the recommendation 
of the Secretary, a member so designated may be appointed by 
the President, by and with the advice and consent of the 
Senate, to a commissioned grade in the Regular Coast Guard.
  (c) The initial appointment to a commissioned grade of a 
member designated as director of the Coast Guard Band shall be 
in the grade of lieutenant (junior grade) or lieutenant.
  (d) A member who is designated and commissioned under this 
section shall not be included on the active duty promotion 
list. He shall be promoted under section 276 of this title. 
However, the grade of the director may not be higher than 
[commander.] captain.
  (e) The Secretary may revoke any designation as director of 
the Coast Guard Band. When a member's designation is revoked, 
his appointment to commissioned grade under this section 
terminates and he is entitled, at his option:
          (1) to be discharged from the Coast Guard; or
          (2) to revert to the grade and status he held at the 
        time of his designation as director.

   CHAPTER 13. PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

[Sec. 511. Compensatory absence of military personnel at isolated aids 
                    to navigation

  [The Secretary, under regulations prescribed by him, may 
grant compensatory absence from duty to military personnel of 
the Coast Guard serving in lightships and at lighthouses and 
other isolated aids to navigation of the Coast Guard when 
conditions of duty result in confinement because of isolation 
or in long periods of continuous duty.]

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.

               VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE ACT

SEC. 4. RADIOTELEPHONE REQUIREMENT [33 U.S.C. 1203]

  (a) Vessel Coverage; Exchange of Navigational Information.--
Except as provided in section 7 of this Act--
          (1) every power-driven vessel of twenty meters or 
        over in length while navigating;
          (2) every vessel of one hundred gross tons as 
        measured under section 14502 of title 46, United States 
        Code, or an alternate tonnage measured under section 
        14302 of that title as prescribed by the Secretary 
        under section 14104 of that title, and upward carrying 
        one or more passengers for hire while navigating;
          (3) every towing vessel of twenty-six feet or over in 
        length while navigating; and
          (4) every dredge and floating plant engaged in or 
        near a channel or fairway in operations likely to 
        restrict or affect navigation of other vessels--
shall have a radiotelephone capable of operation from its 
navigational bridge or, in the case of a dredge, from its main 
control station and capable of transmitting and receiving on 
the frequency or frequencies within the 156-162 Mega-Hertz band 
using the classes of emissions designated by the Federal 
Communications Commission, after consultation with other 
cognizant agencies, for the exchange of navigational 
information.
  (b) Vessels Upon Navigable Waters of United States Inside 
High Seas Lines.--The radiotelephone required by subsection (a) 
shall be carried on board the described vessels, dredges, and 
floating plants upon the navigable waters of the [United States 
inside the lines established pursuant to section 2 of the Act 
of February 19, 1895 (28 Stat. 672), as amended.] United 
States, which includes all waters of the territorial sea of the 
United States as described in Presidential Proclamation 5928 of 
December 27, 1988.

                  PUBLIC LAW 96-380 [33 U.S.C. 1231a]

  (a) [T]here is established a Towing Safety Advisory Committee 
(hereinafter referred to as the ``Committee''). The Committee 
shall consist of sixteen members with particular expertise, 
knowledge, and experience regarding shallow-draft inland and 
coastal waterway navigation and towing safety as follows:
          (1) seven members from the barge and towing industry, 
        reflecting a regional geographic balance;
          (2) one member from the offshore mineral and oil 
        supply vessel industry; and
          (3) two members from each of the following--
                  (A) port districts, authorities, or terminal 
                operators;
                  (B) maritime labor;
                  (C) shippers (of whom at least one shall be 
                engaged in the shipment of oil or hazardous 
                materials by barge); and
                  (D) the general public.
  (b) The Secretary of the department in which the Coast Guard 
is operating (hereinafter referred to as the ``Secretary'') 
shall appoint the members of the Committee. The [Secretary] 
Secretary, through the Commandant of the Coast Guard, shall 
designate one of the members of the Committee as the Chairman 
and one of the members as the Vice Chairman. The Vice Chairman 
shall act as Chairman in the absence or incapacity of, or in 
the event of a vacancy in the office of, the Chairman. The 
Secretary may request the Secretary of the Army and the 
Secretary of Commerce to each designate a representative to 
participate as an observer on the Committee. The Secretary 
shall, not less often than once a year, publish notice in the 
Federal Register for solicitation of nominations for membership 
on the Committee.
  (c) The Committee shall advise, consult with, and make 
recommendations to the [Secretary] Secretary, through the 
Commandant, on matters relating to shallow-draft inland and 
coastal waterway navigation and towing safety. Any advice or 
recommendation made by the Committee to the Secretary shall 
reflect the independent judgment of the Committee on the matter 
concerned. The Secretary shall consult with the [Committee] 
Committee, through the Commandant, before taking any 
significant action affecting shallow-draft inland and coastal 
waterway navigation and towing safety. The Committee shall meet 
at the call of the [Secretary,] Commandant, but in any event 
not less than once during each calendar year. All proceedings 
of the Committee shall be open to the public, and a record of 
the proceedings shall be made available for public inspection. 
The Committee is authorized to make available to Congress any 
information, advice, and recommendations which the Committee is 
authorized to give to the Secretary.
  (d) Members of the Committee who are not officers or 
employees of the United States shall serve without pay and 
members of the Committee who are officers or employees of the 
United States shall receive no additional pay on account of 
their service on the Committee. While away from their homes or 
regular places of business, members of the Committee may be 
allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5, United 
States Code. The Secretary shall furnish to the Committee an 
executive secretary and such secretarial, clerical, and other 
services as are considered necessary for the conduct of its 
business. There are authorized to be appropriated such sums as 
may be necessary to implement the provisions of this 
subsection.
  (e) Unless extended by subsequent Act of Congress, the 
Committee shall terminate on [September 30, 2000.] September 
30, 2005.

                 INLAND NAVIGATIONAL RULES ACT OF 1980


SEC. 5. NAVIGATION SAFETY ADVISORY COUNCIL. [33 U.S.C. 2073]

  (a) Establishment; Membership; Council Panels; Publication in 
Federal Register.--The Secretary shall establish a Navigation 
Safety Advisory Council (hereinafter referred to as the 
Council) not exceeding 21 members. To assure balanced 
representation, members shall be chosen, insofar as practical, 
from the following groups: (1) recognized experts and leaders 
in organizations having an active interest in the Rules of the 
Road and vessel and port safety, (2) representatives of owners 
and operators of vessels, professional mariners, recreational 
boaters, and the recreational boating industry, (3) individuals 
with an interest in maritime law, and (4) Federal and State 
officials with responsibility for vessel and port safety. 
Additional persons may be appointed to panels of the Council to 
assist the Council in the performance of its functions. The 
Secretary shall, not less often than once a year, publish 
notice in the Federal Register for solicitation of nominations 
for membership on the Council.
  (b) Functions and Purpose of Council; Meetings.--The Council 
shall advise, consult with, and make recommendations to the 
[Secretary] Secretary, through the Commandant of the Coast 
Guard, on matters relating to the prevention of collisions, 
rammings, and groundings, including the Inland Rules of the 
Road, the International Rules of the Road, navigation 
regulations and equipment, routing measures, marine 
information, diving safety, and aids to navigation systems. Any 
advice or recommendation made by the Council to the Secretary 
shall reflect the independent judgment of the Council on the 
matter concerned. The Council shall meet at the call of the 
[Secretary,] Commandant, but in any event not less than twice 
during each calendar year. All proceedings of the Council shall 
be public, and a record of the proceedings shall be made 
available for public inspection.
  (c) Executive Secretary; Staff; Travel Expenses and Status of 
Members.--The Secretary shall furnish to the Council an 
executive secretary and such secretarial, clerical, and other 
services as are deemed necessary for the conduct of its 
business. Members of the Council, while away from their home or 
regular places of business, may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by 
section 5703 of title 5, United States Code. Payments under 
this section shall not render members of the Council officers 
or employees of the United States for any purpose.
  (d) Termination of Council.--Unless extended by subsequent 
Act of Congress, the Council shall terminate on [September 30, 
2000.] September 30, 2005.

                       OIL POLLUTION ACT OF 1990


SEC. 6002. ANNUAL APPROPRIATIONS. [33 U.S.C. 2752]

  (a) Required.--Except as provided in subsection (b), amounts 
in the Fund shall be available only as provided in annual 
appropriation Acts.
  (b) Exceptions.--Subsection (a) shall not apply to sections 
1006(f), 1012(a)(4), or 5006, and shall not apply to an amount 
not to exceed $50,000,000 in any fiscal year which the 
President may make available from the Fund to carry out section 
311(c) of the Federal Water Pollution Control Act, as amended 
by this Act, and to initiate the assessment of natural 
resources damages required under section 1006. To the extent 
that such amount is not adequate for removal of a discharge or 
the mitigation or prevention of a substantial threat of a 
discharge, the Coast Guard may borrow from the Fund such sums 
as may be necessary, up to a maximum of $100,000,000, and 
within 30 days shall notify Congress of the amount borrowed and 
the facts and circumstances necessitating theloan. Amounts 
borrowed shall be repaid to the Fund when, and to the extent that 
removal costs are recovered by the Coast Guard from responsible parties 
for the discharge or substantial threat of discharge. Sums to which 
this subsection applies shall remain available until expended.

     TITLE 36. PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND 
                             ORGANIZATIONS


           SUBTITLE II. PATRIOTIC AND NATIONAL ORGANIZATIONS

                         PART B. ORGANIZATIONS

        CHAPTER 2201. UNITED SERVICE ORGANIZATIONS, INCORPORATED

Sec. 220104. Governing body

  (a) Board of Governors.--
          (1) The board of governors is the governing body of 
        the corporation. The board is responsible for the 
        general policies and program of the corporation and for 
        the control of the affairs and property of the 
        corporation.
          (2) The board shall be elected by the members of the 
        corporation for the term and in the classes provided in 
        the bylaws of the corporation. The board includes--
                  (A) six members appointed by the President;
                  (B) the Secretary of State or the Secretary's 
                designee; [and]
                  (C) the Secretary of Transportation, or the 
                Secretary's designee, when the Coast Guard is 
                not operating under the Department of the Navy; 
                and
                  [(C)] (D) representatives of the civilian 
                organizations listed in section 220102(4) of 
                this title, and of the public at large, as 
                provided in the bylaws.
          (3) The corporation may have other governing bodies 
        or committees as provided in the bylaws.
  (b) Officers.--
          (1) The office of honorary chairman of the 
        corporation shall be offered to the President. On 
        acceptance, the honorary chairman shall be invited to 
        preside at meetings of the corporation that the 
        honorary chairman deems appropriate and convenient.
          (2) The corporation may have other officers as 
        provided in the bylaws.

         TITLE 37. PAY AND ALLOWANCES OF THE UNIFORMED SERVICES


                 CHAPTER 5. SPECIAL AND INCENTIVE PAYS

Sec. 302c. Special pay: psychologists and nonphysician health care 
                    providers

  (a) Public Health Service Corps.--A member who is--
          (1) an officer in the Regular or Reserve Corps of the 
        Public Health Service and is designated as a 
        psychologist; and
          (2) has been awarded a diploma as a Diplomate in 
        Psychology by the American Board of Professional 
        Psychology, is entitled to special pay, as provided in 
        subsection (b).
  (b) Rate of Special Pay.--The rate of special pay to which an 
officer is entitled pursuant to subsection (a) shall be--
          (1) $ 2,000 per year, if the officer has less than 10 
        years of creditable service;
          (2) $ 2,500 per year, if the officer has at least 10 
        but less than 12 years of creditable service;
          (3) $ 3,000 per year, if the officer has at least 12 
        but less than 14 years of creditable service;
          (4) $ 4,000 per year, if the officer has at least 14 
        but less than 18 years of creditable service; or
          (5) $ 5,000 per year, if the officer has 18 or more 
        years of creditable service.
  (c) Army, Navy, and Air Force Psychologists.--The Secretary 
of Defense may provide special pay at the rates specified in 
subsection (b) to an officer who--
          (1) is an officer in the Medical Service Corps of the 
        Army or Navy or a biomedical sciences officer in the 
        Air Force;
          (2) is designated as a psychologist; and
          (3) has been awarded a diploma as a Diplomate in 
        Psychology by the American Board of Professional 
        Psychology.
  (d) Nonphysician Health Care Providers.--The Secretary 
concerned may authorize the payment of special pay at the rates 
specified in subsection (b) to an officer who--
          (1) is an officer in the Medical Services Corps of 
        the Army or Navy, a biomedical sciences officer in the 
        Air Force, an officer in the Army Medical Specialist 
        Corps, an officer of the Nurse Corps of the Army or 
        Navy, an officer of the Air Force designated as a 
        nurse, nurse, an officer in the Coast Guard or Coast 
        Guard Reserve designated as a physician assistant, or 
        an officer in the Regular or Reserve Corps of the 
        Public Health Service;
          (2) is a health care provider (other than a 
        psychologist);
          (3) has a postbaccalaureate degree; and
          (4) is certified by a professional board in the 
        officer's specialty.

                           TITLE 46. SHIPPING


                    SUBTITLE II. VESSELS AND SEAMEN

              PART B. INSPECTION AND REGULATION OF VESSELS

      CHAPTER 45. UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

Sec. 4508. Commercial Fishing Industry Vessel Safety Advisory Committee

  (a) The Secretary shall establish a Commercial Fishing 
Industry Vessel Safety Advisory Committee. The Committee--
          (1) may advise, consult with, report to, and make 
        recommendations to the [Secretary] Secretary, through 
        the Commandant of the Coast Guard, on matters relating 
        to the safe operation of vessels to which this chapter 
        applies, including navigation safety, safety equipment 
        and procedures, marine insurance, vessel design, 
        construction, maintenance and operation, and personnel 
        qualifications and training;
          (2) may review proposed regulations under this 
        chapter;
          (3) may make available to Congress any information, 
        advice, and recommendations that the Committee is 
        authorized to give to the Secretary; and
          (4) shall meet at the call of the [Secretary,] 
        Commandant, who shall call such a meeting at least once 
        during each calendar year.
  (b)(1) The Committee shall consist of seventeen members with 
particular expertise, knowledge, and experience regarding the 
commercial fishing industry as follows:
          (A) ten members from the commercial fishing industry 
        who--
                  (i) reflect a regional and representational 
                balance; and
                  (ii) have experience in the operation of 
                vessels to which this chapter applies or as a 
                crew member or processing line worker on an 
                uninspected fish processing vessel;
          (B) three members from the general public, including, 
        whenever possible, an independent expert or consultant 
        in maritime safety and a member of a national 
        organization composed of persons representing owners of 
        vessels to which this chapter applies and persons 
        representing the marine insurance industry;
          (C) one member representing each of--
                  (i) naval architects or marine surveyors;
                  (ii) manufacturers of equipment for vessels 
                to which this chapter applies;
                  (iii) education or training professionals 
                related to fishing vessel, fish processing 
                vessel, or fish tender vessel safety or 
                personnel qualifications; and
                  (iv) underwriters that insure vessels to 
                which this chapter applies.
    (2) At least once each year, the Secretary shall publish a 
notice in the Federal Register and in newspapers of general 
circulation in coastal areas soliciting nominations for 
membership on the Committee, and, after timely notice is 
published, appoint the members of the Committee. An individual 
may be appointed to a term as a member of the Committee more 
than once. The Secretary may not seek or use information 
concerning the political affiliation of individuals in making 
appointments to the Committee.
    (3)(A) A member of the Committee shall serve a term of 
three years.
          (B) If a vacancy occurs in the membership of the 
        Committee, the Secretary shall appoint a member to fill 
        the remainder of the vacated term.
    (4) The Committee shall elect one of its members as the 
Chairman and one of its members as the Vice Chairman. The Vice 
Chairman shall act as Chairman in the absence or incapacity of, 
or in the event of a vacancy in the office of, the Chairman.
    (5) The Secretary shall, and any other interested agency 
may, designate a representative to participate as an observer 
with the Committee. These representatives shall, as 
appropriate, report to and advise the Committee on matters 
relating to vessels to which this chapter applies which are 
under the jurisdiction of their respective agencies. [The 
Secretary's designated representative shall act as executive 
secretary for the Committee and perform the duties set forth in 
section 10(c) of the Federal Advisory Committee Act (5 App. 
U.S.C.).]
  (c)(1) The Secretary shall, whenever practicable, consult 
with the [Committee] Committee, through the Commandant, before 
taking any significant action relating to the safe operation of 
vessels to which this chapter applies.
  (2) The Secretary [shall] shall, through the Commandant, 
consider the information, advice, and recommendations of the 
Committee in consulting with other agencies and the public or 
in formulating policy regarding the safe operation of vessels 
to which this chapter applies.
  (d)(1) A member of the Committee who is not an officer or 
employee of the United States or a member of the Armed Forces, 
when attending meetings of the Committee or when otherwise 
engaged in the business of the Committee, is entitled to 
receive--
          (A) compensation at a rate fixed by the Secretary, 
        not exceeding the daily equivalent of the current rate 
        of basic pay in effect for GS-18 of the General 
        Schedule under section 5332 of title 5 including travel 
        time; and
          (B) travel or transportation expenses under section 
        5703 of title 5.
  (2) Payments under this section do not render a member of the 
Committee an officer or employee of the United States or a 
member of the Armed Forces for any purpose.
  (3) A member of the Committee who is an officer or employee 
of the United States or a member of the Armed Forces may not 
receive additional pay based on the member's service to the 
Committee.
  (4) The provisions of this section relating to an officer or 
employee of the United States or a member of the Armed Forces 
do not apply to a member of a reserve component of the Armed 
Forces unless that member is in an active status.
  (e)(1) The Federal Advisory Committee Act [(5 U.S.C. App. 1 
et seq.)] (5 U.S.C. App.) applies to the Committee, except that 
the Committee terminates on [September 30, 2000.] September 30, 
2005.
  (2) Two years prior to the termination date referred to in 
paragraph (1) of this subsection, the Committee shall submit to 
Congress its recommendation regarding whether the Committee 
should be renewed and continued beyond the termination date.

                         F. MANNING OF VESSELS

                    CHAPTER 87. UNLICENSED PERSONNEL

Sec. 8701. Merchant mariners' documents required

  (a) This section applies to a merchant vessel of at least 100 
gross tons as measured under section 14502 of this title, or an 
alternate tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title 
except--
          (1) a vessel operating only on rivers and lakes 
        (except the Great Lakes);
          (2) a barge (except a seagoing barge or a barge to 
        which chapter 37 of this title applies);
          (3) a fishing, or fish tender, or whaling vessel or 
        yacht;
          (4) a sailing school vessel with respect to sailing 
        school instructors and sailing school students;
          (5) an oceanographic research vessel with respect to 
        scientific personnel;
          (6) a fish processing vessel entered into service 
        before January 1, 1988, and not more than 1,600 gross 
        tons as measured under section 14502 of this title, or 
        an alternate tonnage measured under section 14302 of 
        this title as prescribed by the Secretary under section 
        14104 of this title or entered into service after 
        December 31, 1987, and having not more than 16 
        individuals on board primarily employed in the 
        preparation of fish or fish products;
          (7) a fish processing vessel (except a vessel to 
        which clause (6) of this subsection applied) with 
        respect to individuals on board primarily employed in 
        the preparation of fish or fish products or in a 
        support position not related to navigation;
          (8) a mobile offshore drilling unit with respect to 
        individuals, other than crew members required by the 
        certificate of inspection, engaged on board the unit 
        for the sole purpose of carrying out the industrial 
        business or function of the unit; [and]
          (9) a passenger vessel not engaged in a foreign 
        voyage with respect to individuals on board employed as 
        gaming personnel, entertainment personnel, wait staff, 
        or other service personnel, with no duties, including 
        emergency duties, related to the navigation of the 
        vessel or the safety of the vessel, its crew, cargo, or 
        passengers; and
          [(9)] (10) the Secretary may prescribe the 
        individuals required to hold a merchant mariner's 
        document serving onboard an oil spill response vessel.
  (b) A person may not engage or employ an individual, and an 
individual may not serve, on board a vessel to which this 
section applies if the individual does not have a merchant 
mariner's document issued to the individual under section 7302 
of this title. Except for an individual required to be licensed 
or registered under this part, the document must authorize 
service in the capacity for which the holder of the document is 
engaged or employed.
  (c) On a vessel to which section 10306 or 10503 of this title 
does not apply, an individual required by this section to hold 
a merchant mariner's document must exhibit it to the master of 
the vessel before the individual may be employed.
  (d) A person (including an individual) violating this section 
is liable to the United States Government for a civil penalty 
of $500.

                    CHAPTER 93. GREAT LAKES PILOTAGE

Sec. 9307. Great Lakes Pilotage Advisory Committee

  (a) The [Secretary] Secretary, through the Commandant of the 
Coast Guard, shall establish a Great Lakes Pilotage Advisory 
Committee. The Committee--
          (1) may review proposed Great Lakes pilotage 
        regulations and policies and make recommendations to 
        the Secretary that the Committee considers appropriate;
          (2) may advise, consult with, report to, and make 
        recommendations to the Secretary on matters relating to 
        Great Lakes pilotage;
          (3) may make available to the Congress 
        recommendations that the Committee makes to the 
        Secretary; and
          (4) shall meet at the call of--
                  (A) the [Secretary,] Commandant, who shall 
                call such a meeting at least once during each 
                calendar year; or
                  (B) a majority of the Committee.
  (b)(1) The Committee shall consist of seven members appointed 
by the Secretary in accordance with this subsection, each of 
whom has at least 5 years practical experience in maritime 
operations. The term of each member is for a period of not more 
than 5 years, specified by the Secretary. Before filling a 
position on the Committee, the Secretary shall publish a notice 
in the Federal Register soliciting nominations for membership 
on the Committee.
  (2) The membership of the Committee shall include--
          (A) three members who are practicing Great Lakes 
        pilots and who reflect a regional balance;
          (B) one member representing the interests of vessel 
        operators that contract for Great Lakes pilotage 
        services;
          (C) one member representing the interests of Great 
        Lakes ports;
          (D) one member representing the interests of shippers 
        whose cargoes are transported through Great Lakes 
        ports; and
          (E) one member representing the interests of the 
        general public, who is an independent expert on the 
        Great Lakes maritime industry.
  (c)(1) The Committee shall elect one of its members as the 
Chairman and one of its members as the Vice Chairman. The Vice 
Chairman shall act as Chairman in the absence or incapacity of 
the Chairman, or in the event of a vacancy in the office of the 
Chairman.
  (2) The Secretary shall, and any other interested agency may, 
designate a representative to participate as an observer with 
the Committee. The representatives shall, as appropriate, 
report to and advise the Committee on matters relating to Great 
Lakes pilotage. [The Secretary's designated representative 
shall act as the executive secretary of the Committee and shall 
perform the duties set forth in section 10(c) of the Federal 
Advisory Committee Act (5 U.S.C. App.).]
  (d)(1) The Secretary shall, whenever practicable, consult 
with the [Committee] Committee, through the Commandant, before 
taking any significant action relating to Great Lakes pilotage.
  (2) The [Secretary] Secretary, through the Commandant, shall 
consider the information, advice, and recommendations of the 
Committee in formulating policy regarding matters affecting 
Great Lakes pilotage.
  (e)(1) A member of the Committee, when attending meetings of 
the Committee or when otherwise engaged in the business of the 
Committee, is entitled to receive--
          (A) compensation at a rate fixed by the Secretary, 
        not exceeding the daily equivalent of the current rate 
        of basic pay in effect for GS-18 of the General 
        Schedule under section 5332 of title 5 including travel 
        time; and
          (B) travel or transportation expenses under section 
        5703 of title 5, United States Code.
  (2) A member of the Committee shall not be considered to be 
an officer or employee of the United States for any purpose 
based on their receipt of any payment under this subsection.
  (f)(1) The Federal Advisory Committee Act (5 U.S.C. App.) 
applies to the Committee, except that the Committee terminates 
on [September 30, 2003.] September 30, 2005.
  (2) 2 years before the termination date set forth in 
paragraph (1) of this subsection, the Committee shall submit to 
the Congress its recommendation regarding whether the Committee 
should be renewed and continued beyond the termination date.

                 PART I. STATE BOATING SAFETY PROGRAMS

                CHAPTER 131. RECREATIONAL BOATING SAFETY

Sec. 13110. National Boating Safety Advisory Council

  (a) The Secretary shall establish a National Boating Safety 
Advisory Council. The Council shall consist of 21 members 
appointed by the Secretary, whom the Secretary considers to 
have a particular expertise, knowledge, and experience in 
recreational boating safety.
  (b)(1) The membership of the Council shall consist of--
          (A) 7 representatives of State officials responsible 
        for State boating safety programs;
          (B) 7 representatives of recreational vessel 
        manufacturers and associated equipment manufacturers; 
        and
          (C) 7 representatives of national recreational 
        boating organizations and from the general public, at 
        least 5 of whom shall be representatives of national 
        recreational boating organizations.
  (2) Additional individuals from the sources referred to in 
paragraph (1) of this subsection may be appointed to panels of 
the Council to assist the Council in performing its duties.
  (3) At least once a year, the Secretary shall publish a 
notice in the Federal Register soliciting nominations for 
membership on the Council.
  (c) In addition to the consultation required by section 4302 
of this title, the Secretary shall [consult] consult, through 
the Commandant of the Coast Guard, with the Council on other 
major boating safety matters related to this chapter. The 
Council may make available to Congress information, advice, and 
recommendations that the Council is authorized to give to the 
Secretary.
  (d) When attending meetings of the Council, a member of the 
council or a panel may be paid at a rate not more than the rate 
for GS-18. When serving away from home or regular place of 
business, the member may be allowed travel expenses, including 
per diem in lieu of subsistence as authorized by section 5703 
of title 5 for individuals employed intermittently in the 
Government service. A payment under this section does not make 
a member of the Council an officer or employee of the United 
States Government for any purpose.
  (e) The Council shall terminate on [September 30, 2000.] 
September 30, 2005.

                 COAST GUARD AUTHORIZATION ACT OF 1991


SEC. 18. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.

  (a)(1) There is established a Houston-Galveston Navigation 
Advisory Committee (hereinafter referred to as the 
``Committee''). The Committee shall advise, consult with, and 
make recommendations to the Secretary of the department in 
which the Coast Guard is [operating (hereinafter in this part 
referred to as the ``Secretary'')] operating, through the 
Commandant of the Coast Guard, on matters relating to the 
transit of vessels and products to and from the Ports of 
Galveston, Houston, Texas City, and Galveston Bay. The 
Secretary shall, whenever practicable, consult with the 
[Committee] Committee, through the Commandant, before taking 
any significant action related to navigation safety at these 
port facilities. Any advice or recommendation made by the 
Committee to the Secretary shall reflect the independent 
judgment of the Committee on the matter concerned.
  (2) The Committee is authorized to make available to Congress 
any information, advice, and recommendations that the Committee 
is authorized to give to the Secretary. The Committee shall 
meet at the call of the [Secretary,] Commandant, but in any 
event not less than once during each calendar year. All matters 
relating to or proceedings of the Committee shall comply with 
the Federal Advisory Committee Act (5 App. U.S.C.).
  (b) The Committee shall consist of eighteen members, who have 
particular expertise, knowledge, and experience regarding the 
transportation, equipment, and techniques that are used to ship 
cargo and to navigate vessels in the inshore and the offshore 
waters of the Gulf of Mexico:
          (1) Two members who are employed by the Port of 
        Houston Authority or have been selected by that entity 
        to represent them.
          (2) Two members who are employed by the Port of 
        Galveston or the Texas City Port Complex or have been 
        selected by those entities to represent them.
          (3) Two members from organizations that represent 
        shipowners, stevedores, shipyards, or shipping 
        organizations domiciled in the State of Texas.
          (4) Two members representing organizations that 
        operate tugs or barges that utilize the port facilities 
        at Galveston, Houston, and Texas City Port Complex.
          (5) Two members representing shipping companies that 
        transport cargo from the Ports of Galveston and Houston 
        on liners, break bulk, or tramp steamer vessels.
          (6) Two members representing those who pilot or 
        command vessels that utilize the Ports of Galveston and 
        Houston.
          (7) Two at-large members who may represent a 
        particular interest group but who utilize the port 
        facilities at Galveston, Houston, and Texas City.
          (8) One member representing labor organizations which 
        load and unload cargo at the Ports of Galveston and 
        Houston.
          (9) One member representing licensed merchant 
        mariners, other than pilots, who perform shipboard 
        duties on vessels which utilize the port facilities of 
        Galveston and Houston.
          (10) One member representing environmental interests.
          (11) One member representing the general public.
  (c) The Secretary shall appoint the members of the Committee 
after first soliciting nominations by notice published in the 
Federal Register. The Secretary may request the head of any 
other Federal agency or department to designate a 
representative to advise the Committee on matters within the 
jurisdiction of that agency or department.
  (d) The Committee shall elect, by majority vote at its first 
meeting, one of the members of the Committee as the chairman 
and one of the members as the vice chairman. The vice chairman 
shall act as chairman in the absence or incapacity of, or in 
the event of a vacancy in the Office of the Chairman.
  (e) Terms of members appointed to the Committee shall be for 
two years. The Secretary shall, not less often than once a 
year, publish notice in the Federal Register for solicitation 
of nominations for membership on the Committee.
  (f) Members of the Committee who are not officers or 
employees of the United States shall serve without pay and 
members of the Committee who are officers or employees of the 
United States shall receive no additional pay on account of 
their service on the Committee. While away from their homes or 
regular places of business, members of the Committee may be 
allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5, United 
States Code.
  (g) The term of members of the Committee shall begin on 
October 1, 1992.
  (h) The Committee shall terminate on [September 30, 2000.] 
September 30, 2005.

SEC. 19. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.

  (a)(1) There is established a Lower Mississippi River 
Waterway Advisory Committee (hereinafter referred to as the 
``Committee''). The Committee shall advise, consult with, and 
make recommendations to the Secretary of the department in 
which the Coast Guard is [operating (hereinafter in this part 
referred to as the ``Secretary'')] operating, through the 
Commandant of the Coast Guard, on a wide range of matters 
regarding all facets of navigational safety related to the 
Lower Mississippi River. The Secretary shall, whenever 
practicable, consult with the [Committee] Committee, through 
the Commandant, before taking any significant action related to 
navigation safety in the Lower Mississippi River. Any advice or 
recommendation made by the Committee to the Secretary shall 
reflect the independent judgment of the Committee on the matter 
concerned.
  (2) The Committee is authorized to make available to Congress 
any information, advice, and recommendations which the 
Committee is authorized to give the Secretary. The Committee 
shall meet at the call of the Chairman, or upon request of the 
majority of Committee members, but in any event not less than 
once during each calendar year. All matters relating to or 
proceedings of the Committee shall comply with the Federal 
Advisory Committee Act (5 App. U.S.C. ).
  (b) The Committee shall consist of twenty-four members who 
have expertise, knowledge, and experience regarding the 
transportation, equipment, and techniques that are used to ship 
cargo and to navigate vessels on the Lower Mississippi River 
and its connecting navigable waterways including the Gulf of 
Mexico:
          (1) Five members representing River Port Authorities 
        between Baton Rouge, Louisiana, and the head of passes 
        of the Lower Mississippi River, of which one member 
        shall be from the Port of St. Bernard and one member 
        from the Port of Plaquemines.
          (2) Two members representing vessel owners or ship 
        owners domiciled in the State of Louisiana.
          (3) Two members representing organizations which 
        operate harbor tugs or barge fleets in the geographical 
        area covered by the Committee.
          (4) Two members representing companies which 
        transport cargo or passengers on the navigable 
        waterways in the geographical area covered by the 
        Committee.
          (5) Three members representing State Commissioned 
        Pilot organizations, with one member each representing 
        the New Orleans/Baton Rouge Steamship Pilots 
        Association, the Crescent River Port Pilots 
        Association, and the Associated Branch Pilots 
        Association.
          (6) Two at-large members who utilize water 
        transportation facilities located in the geographical 
        area covered by the Committee.
          (7) Three members representing consumers, shippers, 
        or importers/exporters that utilize vessels which 
        utilize the navigable waterways covered by the 
        Committee.
          (8) Two members representing those licensed merchant 
        mariners, other than pilots, who perform shipboard 
        duties on those vessels which utilize navigable 
        waterways covered by the Committee.
          (9) One member representing an organization that 
        serves in a consulting or advisory capacity to the 
        maritime industry.
          (10) One member representing an environmental 
        organization.
          (11) One member representing the general public.
  (c) The Secretary shall appoint the members of the Committee 
upon recommendation after first soliciting nominations by 
notice in the Federal Register. The Secretary may request the 
head of any other Federal agency or department to designate a 
representative to advise the Committee on matters within the 
jurisdiction of that agency or department, who shall not be a 
voting member of the Committee.
  (d) The Committee shall annually elect, by majority vote at 
its first meeting, a chairman and vice chairman from its 
membership. The vice chairman shall act as chairman in the 
absence or incapacity of, or in the event of a vacancy in, the 
Office of the Chairman.
  (e) Terms of members appointed to the Committee shall be two 
years. The Secretary shall, not less than once a year, publish 
notice in the Federal Register for solicitation of nominations 
for membership on the Committee.
  (f) Members of the Committee who are not officers or 
employees of the United States shall serve without pay and 
members of the Committee who are officers or employees of the 
United States shall receive no additional pay on account of 
their service on the Committee. While away from their homes or 
regular place of business, members of the Committee may be 
allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5, United 
States Code.
  (g) The Committee shall terminate on [September 30, 2000.] 
September 30, 2005.

                 COAST GUARD AUTHORIZATION ACT OF 1998


SEC. 415. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DISPOSAL.

  (a) In General.--
          (1) Subject to subsection (b), the Secretary of 
        Transportation shall continue to implement and enforce 
        the United States Coast Guard 1997 Enforcement Policy 
        for Cargo Residues on the Great Lakes and revisions 
        thereto that are made in accordance with that Policy 
        (hereafter in this section referred to as the 
        ``Policy'') for the purpose of regulating incidental 
        discharges from vessels of residues of dry bulk cargo 
        into the waters of the Great Lakes under the 
        jurisdiction of the United States.
          (2) Any discharge under this section shall comply 
        with all terms and conditions of the Policy.
  (b) Expiration of Interim Authority.--The Policy shall cease 
to have effect on the date which is the earliest of--
          (1) the effective date of regulations promulgated 
        pursuant to legislation enacted subsequent to the 
        enactment of this Act providing for the regulation of 
        incidental discharges from vessels of dry bulk cargo 
        residue into the waters of the Great Lakes under the 
        jurisdiction of the United States is enacted; or
          (2) September 30, [2002.] 2003.

           FEDERAL REPORTS ELIMINATION AND SUNSET ACT OF 1995


SEC. 1122. REPORTS MODIFIED. [26 U.S.C. 9509 NT]

  [(a) Report on Oil Spill Liability Trust Fund.--The quarterly 
report regarding the Oil Spill Liability Trust Fund required to 
be submitted to the House and Senate Committees on 
Appropriations under House Report 101-892, accompanying the 
appropriations for the Coast Guard in the Department of 
Transportation and Related Agencies Appropriations Act, 1991, 
shall be submitted not later than 30 days after the end of the 
fiscal year in which this Act is enacted and annually 
thereafter.]
  [(b) Report on Joint Federal and State Motor Fuel Tax 
Compliance Project.--]Section 1040(d)(1) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 101 
note) is amended by striking ``September 30 and''.