[Congressional Record Volume 145, Number 74 (Thursday, May 20, 1999)]
[Senate]
[Pages S5740-S5742]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOW (for herself, Mr. McCain, Mr. Hollings, Mr. Kerry, 
        Mr. Breaux, and Mr. Inouye):
  S. 1089. A bill to authorize appropriations for fiscal years 2000 and 
2001 for the United States Coast Guard, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.


               THE COAST GUARD AUTHORIZATION ACT OF 1999

  Ms. SNOWE. Mr. President, today I am pleased to introduce the Coast 
Guard Authorization Act of 1999.
  The Coast Guard provides many critical services for our nation. 
Dedicated Coast Guard personnel save an average of more than 5,000 
lives, $2.5 billion in property, and assist more than 100,000 other 
mariners in distress. Through boater safety programs and maintenance of 
an extensive network of aids to navigation, the Coast Guard protects 
thousands of additional people engaged in coastwise trade, commercial 
fishing activities, or simply enjoying a day of recreation out on our 
bays, oceans, and waterways.
  The Coast Guard enforces all federal laws and treaties related to the 
high seas and U.S. waters. This includes marine resource protection and 
pollution control. As one of the five armed forces, it provides a 
critical component of the nation's defense strategy, something weighing 
heavily on all of our minds lately.
  Last year, Congress enacted the Coast Guard Authorization Act of 
1998, which authorized the Coast Guard through Fiscal Year 1999. The 
bill I am introducing today reauthorizes the Coast Guard for the next 
two years--Fiscal Years 2000 and 2001.
  It authorizes both appropriations and personnel levels for these two 
years. It also contains various provisions that are designed to provide 
greater flexibility to the Coast Guard on personnel administration; 
strengthen marine safety provisions; includes sufficient funding to 
allow for a 4.4 percent pay raise; and other provisions.
  One provision that deserves particular mention relates to icebreaking 
services. The President's FY 2000 budget request includes a proposal to 
decomission 11 WYTL-class harbor tugs. These tugs provide vital 
icebreaking services throughout the northern states, including my home 
state of Maine. While I understand that the age of this vessel class 
may require some action by the agency, I feel it would be premature to 
decommission these vessels before the Coast Guard has identified a 
means to rectify any potentially harmful degradation of services. The 
Coast Guard has identified seven waterways within Maine that would 
suffer a meaningful degradation of service should these tugs be brought 
offline now. These waterways provide necessary transport routes for oil 
tankers, commercial fishing vessels, and cargo ships. The costs would 
be excessive to the local communities should that means of transport be 
cut off. As such, the bill I am introducing today includes a measure 
that would require the Coast Guard to submit a report to Congress 
before removing these tugs from service that will include an analysis 
of the use of this class of harbor tugs to perform icebreaking 
services; the degree to which the decommissioning of each such vessel 
would result in a degradation of current services; and recommendations 
to remediate such degradation.
  As part of its law enforcement mission in 1998, the Coast Guard 
seized 75 vessels transporting more than 100,000 pounds of illegal 
narcotics headed for our shores. This bill provides funding to maintain 
many of the new drug interdiction initiatives of the past few years. 
The Coast Guard has proven time and again its ability to stem the tide 
of drugs entering our nation through water routes.
  Finally, the Coast Guard is the lead federal agency for preventing 
and responding to major pollution incidents in the coastal zone. It 
responds to more than 17,000 pollution incidents in the average year. 
This bill includes a provision that provides the Coast Guard with 
emergency borrowing authority from the Oil Spill Liability Trust Fund. 
The measure would enhance the

[[Page S5741]]

Coast Guard's ability to effectively respond to major oil spills.
  Mr. President, this is a good bill that enjoys bipartisan support on 
the Commerce Committee. I look forward to moving this bill to the 
Senate floor at the earliest opportunity.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1089

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coast Guard Authorization 
     Act of 1999''.

                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS

       (a) Authroization for Fiscal year 2000.--Funds are 
     authorized to be appropriated for necessary expenses of the 
     Coast Guard for fiscal year 2000 as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $2,941,039,000, of which $334,000,000 shall be available for 
     defense-related activities and of which $25,000,000 shall be 
     derived from the Oil Spill Liability Trust Fund.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $350,326,000, to remain available until 
     expended, of which $20,000,000 shall be derived from the Oil 
     Spill Liability Trust Fund to carry out the purposes of 
     section 1012(a)(5) of the Oil Pollution Act of 1990.
       (3) For research, development, test, and evaluation of 
     technologies, materials, and human factors directly relating 
     to improving the performance of the Coast Guard's mission in 
     support of search and rescue, aids to navigation, marine 
     safety, marine environmental protection, enforcement of laws 
     and treaties, ice operations, oceanographic research, and 
     defense readiness, $21,709,000, to remain available until 
     expended,of which $3,500,000 shall be derived from the Oil 
     Spill Liability Trust Fund.
       (4) For retired pay (including the payment of obligation 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, such sums as may 
     be necessary, to remain available until expended.
       (5) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operations and maintenance), $19,500,000, to remain 
     available until expended.
       (6) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program, $26,000,000, 
     to remain available until expended.
       (b) Authorization for Fiscal Year 2001.--funds are 
     authorized to be appropriated for necessary expenses of the 
     Coast Guard for fiscal year 2001, as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $2,941,039,000, of which $25,000,000 shall be derived form 
     the Oil Spill Liability Trust Fund.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $350,326,000, to remain available until 
     expended, of which $20,000,000 shall be derived from the Oil 
     Spill Liability Trust Fund to carry out the purposes of 
     section 1012(a)(5) of the Oil Pollution Act of 1990.
       (3) For research, development, test, and evaluation of 
     technologies, materials, and human factors directly relating 
     to improving the performance of the Coast Guard's mission in 
     support of search and rescue, aids to navigation, marine 
     safety, marine environmental protection, enforcement of laws 
     and treaties, ice operations, oceanographic research, and 
     defense readiness, $21,709,000, to remain available until 
     expended, of which $3,500,000 shall be derived from the Oil 
     Spill Liability Trust Fund.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, such sums as may 
     be necessary, to remain available until expended.
       (5) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operations and maintenance), $19,500,000, to remain 
     available until expended.
       (6) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program, $26,000,000, 
     to remain available until expended.

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

       (a) End-of-Year Strength for Fiscal Year 2000.--The Coast 
     Guard is authorized an end-of-year strength for active duty 
     personnel of 36,350 as of September 30, 2000.
       (b) Training Student Loads for Fiscal Year 2000.--For 
     fiscal year 2000, the Coast Guard is authorized average 
     military training student loads as follows:
       (1) For recruit and special training, 1,500 student years.
       (2) For flight training, 100 student years.
       (3) For professional training in military and civilian 
     institutions, 300 student years.
       (4) For officer acquisition, 1,000 student years.
       (c) End-of-Year Strength for Fiscal Year 2001.--The Coast 
     Guard is authorized an end-of-year strength for active duty 
     personnel of 36,350 as of September 30, 2001.
       (d) Training Student Loads for Fiscal Year 2001.--For 
     fiscal year 2001, the Coast Guard is authorized average 
     military training student loads as follows:
       (1) For recruit and special training, 1,500 student years.
       (2) For flight training, 100 student years.
       (3) For professional training in military and civilian 
     institutions, 300 student years.
       (4) For officer acquisition, 1,000 student years.

                     TITLE II--PERSONNEL MANAGEMENT

     SEC. 201. COAST GUARD BAND DIRECTOR RANK.

       Section 336(d) of title 14, United States Code, is amended 
     by striking ``commander'' and inserting ``captain''.

     SEC. 202. COAST GUARD RESERVE SPECIAL PAY.

       Section 308d(a) of title 37, United States Code, is amended 
     by inserting ``or the Secretary of the Department in which 
     the Coast Guard is operating'' after ``Secretary of 
     Defense''.

     SEC. 203. COAST GUARD MEMBERSHIP ON THE USO BOARD OF 
                   GOVERNORS.

       Section 1305(b) of title 36, United States Code, is amended 
     by redesignating paragraph (3) as paragraph (4) and inserting 
     after paragraph (2) the following:
       ``(3) The Secretary of Transportation, or the Secretary's 
     designee, when the Coast Guard is not operating under the 
     Department of the Navy.''.

     SEC. 204. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

       (a) In General.--Section 511 of title 14, United States 
     Code, is amended to read as follows:

     ``Sec. 511. Compensatory absence from duty for military 
       personnel at isolated duty stations

       ``The Secretary may prescribe regulations to grant 
     compensatory absence from duty to military personnel of the 
     Coast Guard serving at isolated duty stations of the Coast 
     Guard when conditions of duty result in confinement because 
     of isolation or in long periods of continuous duty.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 13 of title 14, United States Code, is 
     amended to read as follows:

``511. Compensatory absence from duty for military personnel at 
              isolated duty stations''.

     SEC. 205. ACCELERATED PROMOTION OF CERTAIN COAST GUARD 
                   OFFICERS.

       Title 14, United States Code, is amended--
       (1) in section 259, by adding at the end a new subsection 
     (c) to read as follows:
       ``(c) After selecting the officers to be recommended for 
     promotion, a selection board may recommend officers of 
     particular merit, from among those officers chosen for 
     promotion to be placed at the top of the list of selectees 
     promulgated by the Secretary under section 271(a) of this 
     title. The number of officers that a board may recommend to 
     be placed at the top of the top of the list of selectees 
     promulgated by the Secretary under section 271(a) of this 
     title. The number of officers that a board may recommend to 
     be placed at the top of the list of selectees may not exceed 
     the percentages set forth in subsection (b) unless such a 
     percentage is a number less than one, in which case the board 
     may recommend one officer for such placement. No officer may 
     be recommended to be placed at the top of the list of 
     selectees unless he or she receives the recommendation of at 
     least a majority of the members of a board composed of five 
     members, or at least two-thirds of the members of a board 
     composed of more than five members.'';
       (2) in section 260(a), by inserting ``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'' after ``promotion''; and
       (3) in section 271(a), by inserting at the end therefore 
     the following: ``The names of all officers approved by the 
     President and recommended by the board to be placed at the 
     top of the list of selectees shall be placed at the top of 
     the list of selectees in the order of seniority on the active 
     duty promotion list.''

                        TITLE III--MARINE SAFETY

     SEC. 301. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-
                   BRIDGE RADIOTELEPHONE ACT.

       Section 4(b) of the Vessel Bridge-to-Bridge Radio-telephone 
     Act (33 U.S.C. 1203(b)), is amended by striking ``United 
     States inside the lines established pursuant to section 2 of 
     the Act of February 19, 1895 (28 Stat. 672), as amended.'' 
     and inserting ``United States, which includes all waters of 
     the territorial sea of the United States as described in 
     Presidential Proclamation 5928 of December 27, 1988.''.

     SEC. 302. REPORT ON ICEBREAKING SERVICES.

       (a) Report.--Not later than 9 months afer the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to

[[Page S5742]]

     the Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Transportation and 
     Infrastructure of the House, a report on the use of WYTL-
     class harbor tugs. The report shall include an analyis of the 
     use of such vessels to perform icebreaking services; the 
     degree to which, if any, the decommissioning of each such 
     vessel would result in a degradation of current icebreaking 
     services; and in the event that the decommissioning of any 
     such vessel would result in a significant degradation of 
     icebreaking services, recommendations to remediate such 
     degradation.
       (b) 9-Month Waiting Period.--The Commandant of the Coast 
     Guard shall not plan, implement or finalize any regulation or 
     take any other action which would result in the 
     decommissioning of any WYTL-class harbor tugs until 9 months 
     after the date of the submission of the report required by 
     subsection (a) of this section.

     SEC. 303. OIL SPILL LIABILITY TRUST FUND ANNUAL REPORT.

       (a) In General.--The report regarding the Oil Spill 
     Liability Trust Fund required by the Conference Report (House 
     Report 101-892) accompanying the Department of Transportation 
     and Related Agencies Appropriations Act, 1991, as that 
     requirement was amended by section 1122 of the Federal 
     Reports Elmination and Sunset Act of 1995 (26 U.S.C. 9509 
     note), shall no longer be submitted to Congress.
       (b) Repeal.--Section 1122 of the Federal Reports 
     Elimination and Sunset Act of 1995 (26 U.S.C. 9509 note) is 
     amended by--
       (1) striking subsection (a); and
       (2) striking ``(b) Report on Joint Federal and State Motor 
     Fuel Tax Compliance Project.--''.

     SEC. 304. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND 
                   BORROWING AUTHORITY.

       Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2752(b)) is amended after the first sentence by inserting 
     ``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 the loan. 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.''.
  Mr. McCAIN. Mr. President, I want to express my strong support for 
the Coast Guard Authorization Act of 1999. I would like to commend 
Senator Snowe, the Chair of the Commerce Subcommittee on Oceans and 
Fisheries, for her leadership on Coast Guard issues. Earlier in the 
year, Senator Snowe convened a hearing on the Coast Guard's fiscal year 
2000 budget request. The Commandant of the Coast Guard testified at the 
hearing and explained the priorities and challenges that the Coast 
Guard will face in the coming years and the ways that the agency will 
handle them.
  The Coast Guard is a branch of the armed forces and a multi-mission 
agency. The Coast Guard is responsible for our national defense, search 
and rescue services on our nation's waterways, maritime law 
enforcement, including drug interdiction and environmental protection, 
marine inspection, licensing, port safety and security, aids to 
navigation, waterways management, and boating safety. This bill will 
furnish the Coast Guard with funding authority to continue to provide 
the United States with high quality performance of its diverse duties 
through fiscal year 2001. I commend the men and women of the Coast 
Guard who serve their country with honor and distinction.
  I believe the bill that we have introduced today is an important 
first step in providing authorizing legislation for the Coast Guard for 
fiscal years 2000-2001. The funding levels are currently based on the 
Administration's transmitted legislative proposal. However, I am 
particularly concerned about the Coast Guard's ability to continue to 
fight the war on drugs. The vast majority of drugs enter our country 
illegally after being transported over our waterways. As the primary 
maritime law enforcement agency, the Coast Guard has proven that it can 
effectively stop drugs from reaching our streets. In fiscal year 1998, 
the Coast Guard seized 82,623 pounds of cocaine and 31,365 pounds of 
marijuana. Campaign STEEL WEB, the comprehensive, multi-year strategy 
to fight the war on drugs deserves full support and funding from both 
the Administration and the Congress. Before the Commerce Committee 
concludes its consideration of this bill, I intend to determine whether 
the Administration's bill will provide an adequate level of funding for 
the Coast Guard's drug interdiction activities. I will also seek to 
ensure that funding is spent on the most effective drug interdiction 
programs.
  The bill also incorporates several non-controversial provisions 
included in the Administration's bill which would provide for a variety 
of improvements for the day-to-day operation of the Coast Guard. I look 
forward to working with Senator Snowe and other members of the Commerce 
Committee during the Senate's consideration of the Coast Guard 
Authorization Act of 1999.
                                 ______