[Senate Report 107-89]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 209
107th Congress                                                   Report
                                 SENATE
 1st Session                                                     107-89
_______________________________________________________________________




                 COAST GUARD AUTHORIZATION ACT OF 2001

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 951




                October 31, 2001.--Ordered to be printed
                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
99-010                     WASHINGTON : 2001
______________________________________________________________________
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                   U.S. Government Printing Office
 Internet: bookstore.gpo.gov Phone: (202)512-1800 Fax: (202)512-2250 
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       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred seventh congress
                             first session

              ERNEST F. HOLLINGS, South Carolina, Chairman
DANIEL K. INOUYE, Hawaii             JOHN McCAIN, Arizona
JOHN D. ROCKEFELLER IV, West         TED STEVENS, Alaska
    Virginia                         CONRAD BURNS, Montana
JOHN F. KERRY, Massachusetts         TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana            KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota        OLYMPIA SNOWE, Maine
RON WYDEN, Oregon                    SAM BROWNBACK, Kansas
MAX CLELAND, Georgia                 GORDON SMITH, Oregon
BARBARA BOXER, California            PETER G. FITZGERALD, Illinois
JOHN EDWARDS, North Carolina         JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri              GEORGE ALLEN, Virginia
BILL NELSON, Florida
                     Kevin D. Kayes, Staff Director
                       Moses Boyd, Chief Counsel
                      Gregg Elias, General Counsel
                  Mark Buse, Republican Staff Director
               Jeanne Bumpus, Republican General Counsel

107th Congress                                                   Report
                                 SENATE
 1st Session                                                     107-89

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



 
                 COAST GUARD AUTHORIZATION ACT OF 2001

                                _______
                                

                October 31, 2001.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 951]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 951) ``to authorize 
appropriations for the 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. 951, as amended, authorizes appropriations for the United 
States Coast Guard for Fiscal Year 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 operation and maintenance of up to seven excess Navy 
patrol craft; the recapitalization of the LORAN-C radio 
navigation system; and the operation and maintenance of a 
Caribbean Support Tender. In addition, the bill addresses 
various personnel management and marine safety issues, extends 
the charters of various Coast Guard advisory committees, and 
addresses harbor safety committees, lighthouse leases, and 
other measures.

                          Background and Needs

  The Coast Guard is the principal Federal maritime safety and 
law enforcement agency. Coast Guard activities include 
commercial and recreational vessel safety inspection, the 
rescue of life and property at sea, fisheries law enforcement, 
marine environmental protection, and the interdiction of drug 
traffickers and illegal 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. Upon the declaration of war or when the 
President directs, the Coast Guard shall operate as a service 
in the Navy, and shall so continue until the President, by 
Executive order, transfers the Coast Guard back to the 
Department of Transportation.
  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. 
951 would authorize appropriations and levels of military 
strength and training for the Coast Guard in fiscal year 2002 
and make other changes to existing law to address issues 
related to the Coast Guard.
  In FY 2002, the Administration requested approximately $5.05 
billion, a 12 percent overall increase from the level 
appropriated in FY 2001. In addition, the Administration 
requested an FY 2002 end-of-year strength for active duty 
military personnel of 40,000.
  The Coast Guard budget accounts that are authorized in S. 951 
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. In FY 2002, the Administration requested 
$3.383 billion, an increase of approximately $191 million from 
the FY 2001 appropriated level. 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 and coastal patrol boats; recapitalizing the National 
Distress and Response System; aircraft sensor, avionics, and 
engine upgrades; the Integrated Deepwater System project; and 
various communications and computer software systems. In FY 
2002, the Administration requested $659 million; of that amount 
$338 million would fund the Integrated Deepwater System and $42 
million would fund the National Distress and Response System 
procurement program. 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 
2002. 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 $876 million for this 
account in FY 2002.
  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. The Administration requested 
$15.46 million for FY 2002 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 $16.9 million for FY 
2002, a one percent increase from the FY 2001 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; extend the definition of isolated duty stations for 
compensatory absence purposes; allow accelerated promotion of 
certain Coast Guard officers; suspend retirement pay for 
members who flee the United States to avoid prosecution; 
increase advancement 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.

                      Summary of Major Provisions

  Authorization Levels.--S. 951, as reported, authorizes 
appropriations for the Coast Guard accounts covered in the bill 
that total over $5.2 billion in FY 2002. Appropriations for FY 
2002 are authorized at the levels equal to or greater than the 
Administration's request.
  Within the AC&I account, the Committee is supportive of the 
Coast Guard's need to upgrade its Deepwater assets. This multi-
year effort to recapitalize the service's offshore surface 
fleet, aviation assets, 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 Committee is also very supportive of 
the need to modernize the National Distress & Response System. 
This system is crucial for the Coast Guard to improve its 
capabilities to respond to and aid mariners in distress. 
Indeed, this capability is what most individuals and certainly 
most mariners view as the Coast Guard's primary mission, yet 
the timeline for this urgently needed upgrade has lagged far 
behind the schedule originally established and now is estimated 
for completion by 2006.
  The reported bill also authorizes for FY 2002 an end-of-year 
active duty military strength level of 45,500. This end-of-year 
strength level is larger than the Administration request. 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 
1999 Interagency Task Force 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.--
Levels for flight training increase by 25 students 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 $22 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 future 
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 includes several measures that 
grant the Coast Guard parity with its Department of Defense 
counterparts. The Secretary of Transportation is given 
discretionary authority to promote the Coast Guard Band 
Director from the rank of Commander to the rank of Captain. 
Additionally, the Coast Guard is authorized to suspend 
retirement pay for members who flee the United States to avoid 
prosecution. Finally, the Coast Guard is given parity with 
Department of Defense authorities concerning severance pay.
  Coast Guard Personnel Management and Administration.--The 
reported bill authorizes several measures that should improve 
the Coast Guard's ability to recruit, reward, and retain high-
quality personnel. 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 bill as reported authorizes the Coast Guard to create a 
``Reserve Student Pre-Commissioning Assistance Program,'' which 
is similar to the ROTC programs used by the other armed 
services, in order to improve recruitment success.
  The bill authorizes the Coast Guard to allow personnel to 
continue on active duty in certain situations. Current 
regulations require personnel to retire after a certain length 
of service or if they have not been selected for promotion. 
This is an outdated standard that has led to the loss of 
expertise that is critical to Coast Guard operations and 
planning.
  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 on VHF-FM channel 16. Thus, there 
is no international requirement for foreign vessels to monitor 
radiotelephone equipment between 3 and 12 miles off United 
States shores. United States 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.
  Icebreaking Services.--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 Committee notes that during the 
harsh 1999-2000 and 2000-2001 winters, these WYTL-class harbor 
tugs conducted many critical icebreaking missions. This section 
requires the Coast Guard to certify to Congress that 
icebreaking services will not be degraded before 
decommissioning any WYTL-class harbor tugs.
  Oil Spill Liability Trust Fund (OSLTF).--The reported bill 
authorizes the Coast Guard to receive an advance of up to $100 
million for emergency oil spill cleanup costs. Under current 
law, the 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 receive an advance of up to an additional $100 
million, per incident, from the OSLTF Parent Fund and use the 
funds for emergency oil spill response costs. Funds advanced 
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 within 30 days of the amount 
advanced and the circumstances necessitating the advance.
  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 United States 
merchant vessels. This Administration-requested provision is 
intended to apply to casino workers, entertainers, and food 
service personnel on board United States flagged 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 the affected employees.
  Reports and Studies.--The reported bill removes certain 
reporting requirements, reinstates others, and requires new 
reports. The Secretary of Transportation is required to prepare 
a status report on the modernization of the National Distress 
and Response System. This is of particular concern to the 
Committee because the National Distress and Response System 
Modernization Project (NDRSMP) is designed to be the maritime 
equivalent of the ``911'' system for mariners in distress. In 
spite of years of planning, improvements in the NDRSMP have not 
been realized. The gaps in this communications system have 
proven deadly in a number of marine accidents, and interim 
actions will be required to prevent future tragedies. The Coast 
Guard has spent approximately $4 million to purchase limited 
direction finding systems and replace outdated digital voice 
recorders at all communication centers. However, even the Coast 
Guard acknowledges this effort as a ``Band-Aid'' approach. The 
Committee is concerned that existing communications gaps and 
insufficient direction-finding capabilities prevent the Coast 
Guard from aiding boaters in distress. The Department of 
Transportation Inspector General has expressed the same 
concerns. Further, the Committee was initially notified that 
the NDRSMP was scheduled for operational production and 
deployment in 2004; the Committee has recently been told that 
this timeline has moved to 2006. The Committee is concerned 
that this critical timeline will slip further, especially in 
light of increasing budget constraints combined with the 
additional funding requirements imposed by the Integrated 
Deepwater System. The requirement for this report is only one 
step in the Committee's plans to ensure that the Coast Guard's 
primary role of at-sea search-and-rescue is not compromised by 
other programs. The Committee recognizes that modern 
communications systems and viable offshore assets play 
complementary roles in fulfilling the Coast Guard's search-and-
rescue mission.
  The Coast Guard is also required to study the Harbor Safety 
Committee model used in various United States 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 tanker New Carissa grounding and 
resulting oil spill.
  Administrative Jones Act Waivers: The bill as reported 
contains a provision repealing the authority of the Secretary 
of Transportation to revoke administrative Jones Act waivers 
once they have been granted.

                          Legislative History

  S. 951 was introduced on May 24, 2001, by Senator Snowe, with 
Senators McCain, Hollings, Kerry, Breaux, DeWine, Lott, and 
Murkowski as original cosponsors. On August 3, 2001 the bill 
was considered by the Committee in an open executive session. 
Senators Kerry, Snowe, and Hollings offered an amendment in the 
nature of a substitute. Sen. Stevens offered an amendment to 
section 204 of the substitute that would authorize a housing 
demonstration project in Kodiak, Alaska; the amendment was 
approved via voice vote. The Committee, without objection, 
ordered S. 951 reported with amendments.

                            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, September 20, 2001.
Hon. Ernest F. Hollings,
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. 951, the Coast Guard 
Authorization Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 951--Coast Guard Authorization Act of 2001

    Summary: CBO estimates that implementing S. 951 would cost 
$3.1 billion in fiscal year 2002 and $4.4 billion over the 
2002-2006 period, assuming appropriation of the authorized 
amounts. The bill could affect governmental receipts by 
increasing certain civil penalties; therefore, pay-as-you-go 
procedures would apply to the bill, but CBO estimates that any 
resulting increase in receipts would be less than $500,000 
annually. S. 951 contains no intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
impose no costs on state, local, or tribal governments.
    S. 951 would extend to 10 years, the period of time during 
which manufacturers of recreational boating vessels and 
associated equipment are required to issue recalls for products 
found to be defective or out of compliance with current 
regulation. This extension would constitute a private-sector 
mandate as defined by UMRA. According to both government and 
industry sources, vessel and equipment manufacturers already 
comply with this requirement. Therefore, CBO expects that there 
would be no additional cost associated with this private-sector 
mandate.
    The legislation would authorize the appropriation of $4.4 
billion for discretionary programs of the U.S. Coast Guard 
(USCG) for fiscal year 2002, including about $3.6 billion for 
operating expenses, $669 million for acquisition and other 
capital projects, $22 million for research activities, $16 
million for bridge alterations, and $17 million for 
environmental compliance. Of the amounts authorized, $48.5 
million would be derived from the Oil Spill Liability Trust 
Fund (OSLTF). In addition to annual appropriations for routine 
Coast Guard activities, the bill also would authorize 2002 
appropriations of $22 million for capital expenses related the 
LORAN-C infrastructure and $100 million to convert, operate, 
and maintain up to seven PC-170 patrol craft that may be 
received by the agency from the Department of Defense.
    The bill also would extend the availability of an existing 
$20 million authorization of appropriations for innovative 
financing of Coast Guard housing projects until 2006. (Under 
existing law, the housing program authority expires at the end 
of fiscal year 2001.) Finally, S. 951 would authorize the 
appropriation of $876 million for Coast Guard retirement 
benefits--an appropriated entitlement--in 2002.
    Other provisions of the bill would change certain Coast 
Guard personnel practices, provide additional authority for 
marine safety programs, and add or eliminate various reporting 
requirements. Any costs or savings for these changes in fiscal 
year 2002 are included in the bill's specified authorization 
levels for Coast Guard appropriations.
    Estimated cost to the Federal Government: The estimated 
budgetary effects of S. 951 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--
                                               -----------------------------------------------------------------
                                                   2001       2002       2003       2004       2005       2006
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION
USCG Spending Under Current Law:
    Budget Authority/Authorization Level \1\..      3,736         29          0          0          0          0
    Estimated Outlays.........................      3,805      1,061        467        282        137         23
Proposed Changes:
    Authorization Level.......................          0      4,454          4          4          4          4
    Estimated Outlays.........................          0      3,120        773        297        157         52
USCG Spending Under S. 951:
    Authorization Level \1\...................      3,736      4,483          4          4          4          4
    Estimated Outlays.........................      3,805      4,181      1,240        579        294         75
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the amount appropriated for that year. The $29 million in 2002 is the amount already
  authorized to be appropriated from the OSLTF for Coast Guard operating expenses and research.

    The amount authorized by the bill for Coast Guard 
retirement has not been included in the above table because 
such pay is an entitlement under current law and it is not 
subject to appropriation actions.
    Basic of estimate: For this estimate, CBO assumes that the 
amounts authorized by S. 951 for USCG programs will be 
appropriated for fiscal year 2002.
    The authorization level for 2002 is the amount stated in 
the bill for discretionary activities, excluding $28.5 million 
of the $48.5 million to be derived from the OSLTF. This amount, 
which consists of $25 million for Coast Guard operations and 
$3.5 million for research, has been excluded from the 
incremental cost of implementing the bill because such funding 
is already authorized under existing law. For this estimate, 
CBO assumes that the $20 million reauthorized for innovative 
financing of USCG housing projects will be appropriated in 
equal increments over the five-year period. Estimated outlays 
reflect historical spending patterns for Coast Guard programs.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. CBO 
estimates that enacting the provisions in S. 951 regarding 
penalties for interfering with the safe operation of vessels 
could increase revenues from civil penalties, but by less than 
$500,000 annually.
    Estimated impact on state, local, and tribal governments: 
S. 951 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments.
    Estimated impact on the private sector: S. 951 would extend 
to 10 years, the period of time during which recreational 
boating vessel and associated equipment manufacturers are 
required to issue recalls for products found to be defective or 
out of compliance with current regulation. The extension would 
constitute a private-sector mandate as defined by UMRA. Current 
law requires manufacturers to issue a recall if a product is 
found to be defective or in violation of standards within five 
years of its manufacture or certification. According to both 
government and industry sources, vessel and equipment 
manufacturers already voluntarily issue recalls for such 
products after the 10 years required by the bill. Therefore, 
CBO expects that there would be no additional cost associated 
with this private-sector mandate.
    Previous CBO estimates: On May 17, 2001, CBO prepared a 
cost estimate for H.R. 1699, the Coast Guard Authorization Act 
of 2001, as ordered reported by the House Committee on 
Transportation and Infrastructure on May 16, 2001. Differences 
in the estimates for H.R. 1699 and S. 951 reflect differences 
in the authorization levels contained in the two bills.
    On August 16, 2001, CBO prepared an estimate for H.R. 2481, 
the Omnibus Maritime Improvements Act of 2001 as ordered 
reported by the House Committee on Transportation and 
Infrastructure on July 18, 2001. H.R. 2481 contains many of the 
same provisions in S. 951, several of which would increase 
Coast Guard operating and capital costs. The costs of such 
provisions are included in the estimate of S. 951 within the 
levels specifically authorized to be appropriated.
    H.R. 1699 and H.R. 2481 contain no private-sector mandates 
as defined by UMRA.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Susan Sieg Tompkins; 
Impact on the Private Sector: Lauren Marks.
    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. 951 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 203 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 302 requires foreign flag vessels to monitor inter-
ship radiotelephone frequencies when operating within United 
States Territorial waters (out to 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 United 
States shores. Because United States 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.
  Several other sections of the bill would require changes to 
current regulations, but they have the effect of removing 
regulatory requirements on individuals. These include: Sections 
306, 506, and 507.

                            economic impact

  Sections 203, 211, and 309 could have an economic impact on 
some individuals and businesses, but these impacts would result 
from DoD compensation parity reforms or measures designed to 
improve protections for consumers of maritime equipment.

                                privacy

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

                               paperwork

  The reported bill should not significantly increase paperwork 
requirements for individuals and businesses.

                      Section-by-Section Analysis


Section 1. Short Title

  This section states that the Act may be cited as the Coast 
Guard Authorization Act of 2001.

SECTION 2. TABLE OF CONTENTS

                         TITLE I--AUTHORIZATION

Section 101. Authorization of Appropriations

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

     PROPOSED LEVELS FOR PROGRAMS AUTHORIZED IN S. 951, AS REPORTED
------------------------------------------------------------------------
             Programs                   Requested          Authorized
------------------------------------------------------------------------
Operating Expenses................     $3,382,838,000     $3,633,000,000
AC&I..............................        659,323,000        669,323,000
R&D...............................         21,722,000         22,000,000
Retired Pay.......................        876,350,000        876,350,000
Alteration of Bridges.............         15,466,000         15,500,000
Environmental Compliance..........         16,927,000         17,000,000
                                   -------------------------------------
      Total.......................      4,972,626,000      5,206,173,000
------------------------------------------------------------------------

Section 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 2002. 
Subsection (a) authorizes a Coast Guard end-of-fiscal-year 
strength for active duty military personnel of 45,500 as of 
September 30, 2002. Subsection (b) authorizes average military 
training student levels 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 1,050 student years for 
officer acquisition.
Section 103. LORAN-C
  This section of the reported bill authorizes the Department 
of Transportation to transfer $22 million in FY 2002 from the 
Federal Aviation Administration to the Coast Guard for 
recapitalization of the LORAN-C radio navigation system.
Section 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 United States 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.
Section 105. Caribbean Support Tender
  This section would permanently reauthorize the Coast Guard's 
ability to operate the Caribbean International Support Tender 
(CST), which is used to train and support foreign coast guards 
in the Caribbean region.

                     TITLE II--PERSONNEL MANAGEMENT

Section 201. Coast Guard Band Director Rank
  This section of the reported bill amends section 336(d) of 
title 14, United States 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.
Section 202. Compensatory Absence for Isolated Duty
  This section of the reported bill amends section 511 of title 
14, United States 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.
Section 203. 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 retirement 
pay if they flee the country to avoid prosecution.
Section 204. Extension of Coast Guard Housing Authorities
  Section 208 of the Coast Guard Authorization Act of 1996 
provided the Coast Guard with the legal authority to encourage 
private sector participation in the acquisition or construction 
of Coast Guard housing on or near Coast Guard installations. 
This proposal would extend the present Coast Guard housing 
authority until October 1, 2006. Under current law, this 
authority expires on October 1, 2001. In addition, the bill as 
reported authorizes a Coast Guard housing demonstration project 
on the Coast Guard Kodiak, Alaska facilities.
Section 205. Accelerated Promotion of Certain Coast Guard Officers
  This section of the reported bill amends sections 259, 
260(a), and 271(a) of title 14, United States Code, authorizing 
the Coast Guard to advance officers ahead of their peers within 
a given promotion zone, without disadvantaging other high 
performing officers.
Section 206. Regular Lieutenant Commanders and Commanders; Continuation 
        on Failure of Selection for Promotion
  This proposal would authorize the Coast Guard to continue, 
through board action, Commanders and Lieutenant Commanders 
scheduled to retire due to failure of selection for promotion. 
This section would provide the Coast Guard with authority 
similar to that available to the Department of Defense 
services. This measure will allow the Coast Guard to retain 
experienced officers who wish to remain in service rather than 
be forced to retire.
Section 207. Reserve Officer Promotion
  This proposal makes technical amendments to fully implement 
changes made to sections 729(d) and 731 of title 14, United 
States Code, by the National Defense Authorization Act for 
Fiscal Year 2001, P.L. 106-398. Specifically, this section 
would prescribe the method for determining the date a promotion 
becomes effective and for establishing the date of rank in the 
event the Coast Guard implements the change authorized by 
section 502 of P.L. 106-398.
Section 208. Reserve Student Pre-Commissioning Assistance Program
  This section authorizes the Coast Guard to adopt a program 
similar to that which has proven to be highly successful for 
the Marine Corps. Under the program, the Coast Guard would be 
authorized to pay up to $25,000 of an individual's tuition and 
certain other costs in exchange for obligated service. The 
individual would enlist in the Coast Guard Reserve in an 
inactive duty status while attending college or graduate school 
and, upon successful completion of the program, would be 
offered a commission as an officer in the Coast Guard Reserve 
to serve on active duty. The active duty term would be up to 
five years of obligated active service as well as three years 
inactive service.
Section 209. Continuation on Active Duty Beyond 30 Years
  This section authorizes the Coast Guard to offer to Captains 
who would otherwise be forced to retire at thirty years the 
opportunity to continue on active duty. This would allow the 
Coast Guard to retain experienced officers.
Section 210. Payment of Death Gratuities on Behalf of Coast Guard 
        Auxiliarists
  This section would authorize the Coast Guard to pay death 
gratuities to personal representatives of Coast Guard 
Auxiliarists to the same extent that death gratuities are paid 
on behalf of Federal employees.
Section 211. Align Coast Guard Severance Pay and Revocation of 
        Commission Authority with Department of Defense Authority
  This section revises the Coast Guard severance pay provisions 
to incorporate, into title 14 of the United States Code, the 
Department of Defense separation pay computations. In 
particular, it ends a practice whereby officers request not to 
be selected for promotion so as to qualify for severance pay. 
In addition, this section allows the Secretary to revoke the 
commission of an officer with up to five years of commissioned 
service, rather than three years, to achieve parity with the 
DoD services.

                        TITLE III--MARINE SAFETY

Section 301. Modernization of National Distress And Response System
  This section requires the Secretary of Transportation to 
prepare and submit to Congress within 60 days of enactment, a 
status report on the modernization of the National Distress and 
Response System.
Section 302. Extension of Territorial Sea for Vessel Bridge-to-Bridge 
        Radiotelephone Act
  This section of the reported bill amends section 1203(b) of 
title 33, United States Code, to require foreign flag vessels 
to monitor inter-ship radiotelephone frequencies when operating 
within United States Territorial waters (out to 12 miles 
offshore).
Section 303. Icebreaking Services
  This section requires the Coast Guard to certify to Congress 
that icebreaking services will be maintained before 
decommissioning any WYTL-class harbor tugs.
Section 304. Modification of Various Reporting Requirements
  This section of the reported bill eliminates the requirement 
for an annual report to Congress of information which is 
duplicated in other required reports.
Section 305. Oil Spill Liability Trust Fund; Emergency Fund Advancement 
        Authority
  This section of the reported bill amends section 2752(b) of 
title 33, United States Code, to provide the Coast Guard 
authority to receive an advance of up to $100 million for 
emergency oil spill cleanup from the Oil Spill Liability Trust 
Fund.
Section 306. Merchant Mariner Documentation Requirements
  This section of the reported bill amends section 8701(a) of 
title 46, United States 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 
United States merchant vessels. This section is intended to 
apply to casino workers, entertainers, and food service 
personnel on board United States flag ships.
Section 307. Penalties for Negligent Operations and Interfering with 
        Safe Operation
  This proposal would increase the maximum civil penalty for 
negligent operation of a vessel or for interfering with the 
safe operation of a vessel, from $1,000 to $25,000.
Section 308. Fishing Vessel Safety Training
  This section authorizes the Coast Guard to support fishing 
vessel safety training programs as long as such support does 
not interfere with any Coast Guard functions or operations.
Section 309. Extend Time for Recreational Vessel and Associated 
        Equipment Recalls
  This proposal would amend 46 U.S.C. 4310(c)(2) (A) and (B) to 
extend to ten years the current five-year limit on the 
obligation of manufacturers of recreational vessels or 
associated equipment to notify owners of recalls due to safety 
defects or noncompliance with Federal recreational boat safety 
regulations.
Section 310. Safety Equipment Requirement
  This section would require the Coast Guard to provide 
adequate safety equipment, including survival suits when 
appropriate to local conditions, to its personnel involved in 
search and rescue missions.
Section 311. Marine Casualty Investigations Involving Foreign Vessels
  This proposal would amend section 6101 of title 46, United 
States Code, to authorize the Coast Guard specifically to 
conduct marine casualty investigations involving foreign 
vessels, consistent with generally recognized practices and 
procedures of International Law, and the provisions of the 
International Maritime Organization Code for the Investigation 
of Marine Casualties and Incidents.

                  TITLE IV--RENEWAL OF ADVISORY GROUPS

Section 401. Commercial Fishing Industry Vessel Advisory Committee
  This section of the reported bill amends section 4508 of 
title 46, United States Code, to authorize the Coast Guard to 
extend the Commercial Fishing Vessel Advisory Committee from 
2000 to 2005 and make technical changes.
Section 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.
Section 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.
Section 404. Navigation Safety Advisory Council
  This section of the reported bill amends section 2073 of 
title 33, United States Code, to authorize the Coast Guard to 
extend the Navigation Safety Advisory Council from 2000 to 2005 
and make technical changes.
Section 405. National Boating Safety Advisory Council
  This section of the reported bill amends section 13110 of 
title 46, United States Code, to authorize the Coast Guard to 
extend the National Boating Safety Advisory Council from 2000 
to 2005 and make technical changes.
Section 406. Towing Safety Advisory Committee
  This section of the reported bill amends section 1231(a) of 
title 33, United States Code, to authorize the Coast Guard to 
extend the Towing Safety Advisory Committee from 2000 to 2005 
and make technical changes.
Section 407. Great Lakes Pilotage Advisory Committee
  This section of the reported bill amends section 9307 of 
title 46, United States Code, to authorize the Coast Guard to 
extend the Great Lakes Pilotage Advisory Committee from 2003 to 
2005 and make technical changes.

                         TITLE V--MISCELLANEOUS

Section 501. 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.
Section 502. 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.
Section 503. Limitation of Liability of Pilots at Coast Guard Vessel 
        Traffic Services
  This section limits the liability of a pilot, acting in the 
course and scope of his duties while at a United States Coast 
Guard Vessel Traffic Service, to only damages caused by gross 
negligence or willful misconduct.
Sec. 504. Conforming references to the former Merchant Marine and 
        Fisheries Committee.
  This section makes several conforming amendments by replacing 
certain references to the former Committee on Merchant Marine 
and Fisheries of the United States House of Representatives 
(which was abolished in 1995) with the Committee on 
Transportation and Infrastructure.
Section 505. Long-term Lease Authority for Lighthouse Property
  This section would authorize the Coast Guard to lease 
lighthouse properties under the administrative control of the 
Coast Guard for no monetary consideration, for terms not to 
exceed thirty years. Current authority limits leases of Coast 
Guard property to five years.
Section 506. Electronic Filing of Commercial Instruments for Vessels
  Currently, a bill of sale, conveyance, mortgage, assignment, 
or related instrument pertaining to any documented vessel must 
be filed with the Secretary of Transportation to be effective. 
Electronic filing of such instruments was authorized beginning 
in 1996. However, in order for the electronic filing to be 
effective, an original of the instrument must be filed with the 
Secretary of Transportation within 10 days. This section would 
amend section 31321 of title 46, United States Code, to remove 
the requirement for filing an original commercial instrument 
within ten days of the electronic filing of the instrument.
Section 507. Radio Direction Finding Apparatus Carriage Requirement
  This section would exempt vessels with Global Maritime 
Distress and Safety System equipment installed and operating in 
good working condition from the requirement to carry obsolete 
radio direction-finding apparatus. Elimination of the 
requirement to carry this equipment will have no negative 
impact on the safety of life at sea because the only signals 
the radio direction finding apparatus affected by this proposal 
are designed to detect are no longer in use.

                      TITLE VI--JONES ACT WAIVERS

Section 601. Repeal of Special Authority to Revoke Endorsements
  This section repeals the authority of the Secretary of 
Transportation to revoke administrative Jones Act waivers once 
they have been granted.

                        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):

        National Defense Authorization Act For Fiscal Year 1997


SEC. 633. SUSPENSION OF PAYMENT OF RETIRED PAY OF MEMBERS WHO ARE 
                    ABSENT FROM THE UNITED STATES TO AVOID PROSECUTION. 
                    [5 U.S.C. 8313 NT]

  (a) Development of Procedures for Suspension.--The Secretary 
of Defense shall develop uniform procedures under which the 
Secretary of a military department may suspend the payment of 
the retired pay of a member or former member of the Armed 
Forces during periods in which the member willfully remains 
outside the United States to avoid criminal prosecution or 
civil liability. The procedures shall address the types of 
criminal offenses and civil proceedings for which the 
procedures may be used, including the offenses specified in 
section 8312 of title 5, United States Code, and the manner by 
which a member, upon the return of the member to the United 
States, may obtain retired pay withheld during the member's 
absence.
  (b) Application to Coast Guard.--Procedures promulgated by 
the Secretary of Defense under subsection (a) shall apply to 
the Coast Guard. The Commandant of the Coast Guard shall be 
considered a Secretary of a military department for purposes of 
suspending pay under this section.
  [(b)] (c) Report to Congress.--The Secretary of Defense shall 
submit to Congress a report describing the procedures developed 
under subsection (a). The report shall include recommendations 
regarding changes to existing provisions of law (including 
section 8313 of title 5, United States Code) that the Secretary 
determines are necessary to fully implement the procedures.
  [(c)] (d) Retired Pay Defined.--For purposes of this section, 
the term ``retired pay'' means retired pay, retirement pay, 
retainer pay, or equivalent pay, payable under a statute to a 
member or former member of a uniformed service.
  [(d)] (e) Effective Date.--The uniform procedures required by 
subsection (a) shall be developed not later than 30 days after 
the date of the enactment of this Act.

                         TITLE 14. COAST GUARD

                      PART I. REGULAR COAST GUARD

                     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)(1) After selecting the officers to be recommended for 
promotion, a selection board may recommend officers of 
particular merit, from among those officers chosen for 
promotion, to be placed at the top of the list of selectees 
promulgated by the Secretary under section 271(a) of this 
title. The number of officers that a board may recommend to be 
placed at the top of the list of selectees may not exceed the 
percentages set forth in subsection (b) unless such a 
percentage is a number less than one, in which case the board 
may recommend one officer for such placement. No officer may be 
recommended to be placed at the top of the list of selectees 
unless he or she receives the recommendation of at least a 
majority of the members of a board composed of five members, or 
at least two-thirds of the members of a board composed of more 
than five members.
  (2) A selection board may not make any recommendation under 
this subsection before the date the Secretary publishes a 
finding that implementation of this subsection will improve 
Coast Guard officer retention and management.
  (3) The Secretary shall submit any finding made by the 
Secretary pursuant to paragraph (2) to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.

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.] 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 
officers are 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.

                             * * * * * * *

         D. DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS

Sec.  281. Revocation of commissions during first [three] five years of 
                    commissioned service

  The Secretary, under such regulations as he may prescribe, 
may revoke the commission of any regular officer on active duty 
who, at the date of such revocation, has had less than [three] 
five years of continuous service as a commissioned officer in 
the Regular Coast Guard.

                             * * * * * * *

Sec.  283. Regular lieutenants; separation for failure of selection for 
                    promotion; continuation

  (a) Each officer of the Regular Coast Guard appointed under 
section 211 of this title who is serving in the grade of 
lieutenant and who has failed of selection for promotion to the 
grade of lieutenant commander for the second time shall:
          (1) be honorably discharged on June 30 of the 
        promotion year in which his second failure of selection 
        occurs; or
          (2) if he so requests, be honorably discharged at an 
        earlier date without loss of benefits that would accrue 
        if he were discharged on that date under clause (1); or
          (3) if, on the date specified for his discharge in 
        this section, he has completed at least 20 years of 
        active service or is eligible for retirement under any 
        law, be retired on that date; or
          (4) if, on the date specified for his discharge in 
        clause (1), he has completed at least eighteen years of 
        active service, be retained on active duty and retired 
        on the last day of the month in which he completes 
        twenty years of active service, unless earlier removed 
        under another provision of law.
  (b)(1) When the needs of the service require, the Secretary 
may direct a selection board, which has been convened under 
section 251 of this title, to recommend for continuation on 
active duty for terms of not less than two nor more than four 
years a designated number of officers of the grade of 
lieutenant who would otherwise be discharged or retired under 
this section. When so directed, the board shall recommend for 
continuation on active duty those officers under consideration 
who are, in the opinion of the board, best qualified for 
continuation. Each officer so recommended may, with the 
approval of the Secretary, and notwithstanding subsection (a), 
be continued on active duty for the term recommended.
  (2) Upon the completion of a term under paragraph (1), an 
officer shall, unless selected for further continuation--
          (A) except as provided in subparagraph (B), be 
        honorably discharged with [severance] separation pay 
        computed under section 286 of this title;
          (B) in the case of an officer who has completed at 
        least 18 years of active service on the date of 
        discharge under subparagraph (A), be retained on active 
        duty and retired on the last day of the month in which 
        the officer completes 20 years of active service, 
        unless earlier removed under another provision of law; 
        or
          (C) if, on the date specified for the officer's 
        discharge under this section, the officer has completed 
        at least 20 years of active service or is eligible for 
        retirement under any law, be retired on that date.
  (c) Each officer who has been continued on active duty under 
subsection (b) shall, unless earlier removed from active duty, 
be retired on the last day of the month in which he completes 
twenty years of active service.

                             * * * * * * *

Sec.  285. Regular lieutenant commanders and commanders; retirement for 
                    failure of selection for promotion

  [Each officer] (a) Each officer of the Regular Coast Guard 
serving in the grade of lieutenant commander or commander, who 
has failed of selection for promotion to the grade of commander 
or captain, respectively, for the second time shall:
          (1) if he has completed at least 20 years of active 
        service or is eligible for retirement under any law on 
        June 30 of the promotion year in which his second 
        failure of selection occurs, be retired on that date; 
        or
          (2) if ineligible for retirement on the date 
        specified in clause (1) be retained on active duty and 
        retired on the last day of the month in which he 
        completes twenty years of active service, unless 
        earlier removed under another provision of law.
  (b) A lieutenant commander or commander of the Regular Coast 
Guard subject to discharge or retirement under subsection (a) 
may be continued on active duty when the Secretary directs a 
selection board convened under section 251 of this title to 
continue up to a specified number of lieutenant commanders or 
commanders on active duty. When so directed, the selection 
board shall recommend those officers who in the opinion of the 
board are best qualified to advance the needs and efficiency of 
the Coast Guard. When the recommendations of the board are 
approved by the Secretary, the officers recommended for 
continuation shall be notified that they have been recommended 
for continuation and offered an additional term of service that 
fulfills the needs of the Coast Guard.
  (c)(1) An officer who holds the grade of lieutenant commander 
of the Regular Coast Guard may not be continued on active duty 
under subsection (b) for a period which extends beyond 24 years 
of active commissioned service unless promoted to the grade of 
commander of the Regular Coast Guard. An officer who holds the 
grade of commander of the Regular Coast Guard may not be 
continued on active duty under subsection (b) for a period 
which extends beyond 26 years of active commissioned service 
unless promoted to the grade of captain of the Regular Coast 
Guard.
  (2) Unless retired or discharged under another provision of 
law, each officer who is continued on active duty under 
subsection (b), is not subsequently promoted or continued on 
active duty, and is not on a list of officers recommended for 
continuation or for promotion to the next higher grade, shall, 
if eligible for retirement under any provision of law, be 
retired under that law on the first day of the first month 
following the month in which the period of continued service is 
completed.

Sec.  286. Discharge in lieu of retirement; [severance] separation pay

  (a) Each officer who is retained on active duty under section 
283(a)(4), 283(b), or 285 of this title may, if he so requests, 
with the approval of the Secretary, be honorably discharged at 
any time prior to the date otherwise specified for his 
retirement or discharge.
  [(b) Each officer discharged under this section or under 
section 282, 283, or 284 of this title is entitled to a lump-
sum payment computed by multiplying his years of active 
commissioned service, but not more than twelve, by two months' 
basic pay of the grade in which he is serving on the date of 
his discharge. In determining the total number of years of 
active service to be used as a multiplier in computing his 
payment, a part of a year that is six months or more is counted 
as a whole year and a part of a year that is less than six 
months is disregarded. The acceptance of a lump-sum payment 
under this section does not deprive a person of any retirement 
benefits from the United States. However, there shall be 
deducted from each of his retirement payments so much thereof 
as is based on the service for which he has received payment 
under this section until the total amount deducted equals the 
amount of the lump-sum payment.]
  (b) An officer of the Regular Coast Guard who is discharged 
under this section or section 282, 283, or 284 of this title 
who has completed 6 or more, but less than 20, continuous years 
of active service immediately before that discharge or release 
is entitled to separation pay computed under subsection (d)(1) 
of section 1174 of title 10.
  (c) An officer of the Regular Coast Guard who is discharged 
under section 327 of this title, who has completed 6 or more, 
but less than 20, continuous years of active service 
immediately before that discharge or release is entitled to 
separation pay computed under subsection (d)(1) or (d)(2) of 
section 1174 of title 10 as determined under regulations 
promulgated by the Secretary.
  (d) Notwithstanding subsections (a) or (b), an officer 
discharged under chapter 11 of this title for twice failing of 
selection for promotion to the next higher grade is not 
entitled to separation pay under this section if the officer 
requested in writing or otherwise sought not to be selected for 
promotion, or requested removal from the list of selectees.

Sec.  286a. Regular warrant officers: [severance] separation pay

  [(a) The severance pay of a regular warrant officer of the 
Coast Guard who is separated under section 580(a)(4)(A) of 
title 10 is computed by multiplying his years of active service 
that could be credited to him under section 511 of the Career 
Compensation Act of 1949, as amended, but not more than 12, by 
twice the monthly basic pay to which he is entitled at the time 
of separation.
  [(b) The severance pay of a regular warrant officer of the 
Coast Guard who is separated under section 1166 of title 10 is 
computed by multiplying his years of active service that could 
be credited to him under section 511 of the Career Compensation 
Act of 1949, as amended, but not more than 12, by the monthly 
basic pay to which he is entitled at the time of separation, 
unless the Secretary determines that the conditions under which 
the officer is discharged or separated do not warrant payment 
of that amount of severance pay.
  [(c) For the purposes of this section, a part of the year 
that is six months or more is counted as a whole year, and a 
part of a year that is less than six months is disregarded.]
  (a) A regular warrant officer of the Coast Guard who is 
discharged under section 580 of title 10, and has completed 6 
or more, but less than 20, continuous years of active service 
immediately before that discharge is entitled to separation pay 
computed under subsection (d)(1) of section 1174 of title 10.
  (b) A regular warrant officer of the Coast Guard who is 
discharged under section 1165 or 1166 of title 10, and has 
completed 6 or more, but less than 20, continuous years of 
active service immediately before that discharge is entitled to 
separation pay computed under subsection (d)(1) or (d)(2) of 
section 1174 of title 10, as determined under regulations 
promulgated by the Secretary.
  (c) In determining a member's years of active service for the 
purpose of computing separation pay under this section, each 
full month of service that is in addition to the number of full 
years of service creditable to the member is counted as one-
twelfth of a year and any remaining fractional part of a month 
is disregarded.
   (d) The acceptance of severance pay under this section does 
not deprive a person of any retirement benefits from the United 
States. However, there shall be deducted from each of his 
retirement payments so much thereof as is based on the service 
for which he has received severance pay under this section, 
until the total deductions equal the amount of such severance 
pay.

                             * * * * * * *

Sec.  289. Captains; continuation on active duty; involuntary 
                    retirement

  (a) The Secretary may, whenever the needs of the service 
require, but not more often than annually, convene a board 
consisting of not less than six officers of the grade of rear 
admiral (lower half) or rear admiral to recommend for 
continuation on active duty officers on the active duty 
promotion list serving in the grade of captain, who during the 
promotion year in which the board meets will complete at least 
three years' service in that grade and who have not been 
selected for promotion to the grade of rear admiral (lower 
half). Officers who are subject to retirement under section 288 
of this title during the promotion year in which the board 
meets shall not be considered by this board.
  (b) Whenever he convenes a board under this section, the 
Secretary shall establish a continuation zone. The zone shall 
consist of the most senior captains eligible for consideration 
for continuation on active duty who have not previously been 
placed in a continuation zone under this section. The Secretary 
shall, based upon the needs of the service, prescribe the 
number of captains to be included in the zone.
  (c) Based on the needs of the service the Secretary shall 
furnish the board with the number of officers that may be 
recommended for continuation on active duty. This number shall 
be no less than 50 percent of the number considered. The board 
shall select from the designated continuation zone, in the 
number directed by the Secretary, those officers who are, in 
the opinion of the board, best qualified for continuation on 
active duty.
  (d) The provisions of sections 253, 254, 258, and 260 of this 
title relating to selection for promotion shall, to the extent 
that they are not inconsistent with the provisions of this 
section, apply to boards convened under this section.
  (e) The Secretary shall prescribe by regulation the detailed 
procedures whereby officers in a continuation zone will be 
selected for continuation on active duty.
  (f) A board convened under this section shall submit its 
report to the Secretary. If the board has acted contrary to law 
or regulation, the Secretary may return the report for 
proceedings in revision and resubmission to the Secretary. 
After his final review the Secretary shall submit the report of 
the board to the President for his approval. Except as required 
by the procedures of this section, the proceedings of the board 
shall not be disclosed to any person not a member of the board.
  (g) Each officer who is considered but not recommended for 
continuation on active duty under the provisions of this 
section shall, unless retired under some other provision of 
law, be retired on June 30 of the promotion year in which the 
report of the continuation board convened under this section is 
approved, or the last day of the month in which he completes 
twenty years of active service, whichever is later.
  (h) Notwithstanding subsection (g) and section 288 of this 
title, the Commandant may by annual action retain on active 
duty from promotion year to promotion year any officer who 
would otherwise be retired under subsection (g) or section 288 
of this title. An officer so retained, unless retired under 
some other provision of law, shall be retired on June 30 of 
that promotion year in which no action is taken to further 
retain the officer under this subsection.

                             * * * * * * *

                        E. SEPARATION FOR CAUSE

Sec.  327. Officers considered for removal; retirement or discharge; 
                    [severance] separation benefits

  (a) At any time during proceedings under section 322 or 323 
of this title, and before the removal of an officer, the 
Secretary may grant a request--
          (1) for voluntary retirement, if the officer is 
        otherwise qualified therefore; or
          [(2) for honorable discharge with severance benefits 
        under subsection (b) in those cases arising under 
        clause (1) of section 321 of this title; or]
          (2) for discharge with separation benefits under 
        section 286(c) of this title.
          [(3) for discharge with severance benefits under 
        subsection (b) in those cases arising under clause (2) 
        of section 321 of this title.]
  (b) Each officer removed from active duty under section 326 
of this title shall--
          (1) if on the date of removal the officer is eligible 
        for voluntary retirement under any law, be retired in 
        the grade for which he would be eligible if retired at 
        his request; or
          [(2) if on that date the officer is ineligible for 
        voluntary retirement under any law, be honorably 
        discharged in the grade then held with severance pay 
        computed by multiplying his years of active 
        commissioned service, but not more than twelve, by one 
        month's basic pay of that grade, in those cases arising 
        under clause (1) of section 321 of this title; or]
          (2) if on that date the officer is ineligible for 
        voluntary retirement under any law, be honorably 
        discharged with separation benefits under section 
        286(c) of this title, unless under regulations 
        promulgated by the Secretary the condition under which 
        the officer is discharged does not warrant an honorable 
        discharge.
          [(3) if on that date the officer is ineligible for 
        voluntary retirement under any law, be discharged in 
        the grade then held with severance pay computed by 
        multiplying his years of active commissioned service, 
        but not more than twelve, by one month's basic pay of 
        that grade, in those cases arising under clause (2) of 
        section 321 of this title, unless the Secretary 
        determines that the conditions under which the officer 
        is discharged or separated do not warrant payment of 
        that amount of severance pay.]

                             * * * * * * *

                      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 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.

                             * * * * * * *

                       CHAPTER 17. ADMINISTRATION

Sec.  663. Submission of plans to Congress

  The President shall submit to Congress with each budget 
request for the Coast Guard the current copy of the Coast 
Guard's Capital Investment Plan, Cutter Plan, Aviation Plan, 
Shore Facilities Plan, and Information Resources Management 
Plan. Not later than 30 days after the date on which the 
President submits to the Congress a budget under section 1105 
of title 31 which includes a proposed 2-year budget for the 
Coast Guard, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation and the Committee on 
Appropriations of the Senate, and to the Committee on [Merchant 
Marine and Fisheries] Transportation and Infrastructure and the 
Committee on Appropriations of the House of Representatives, 
detailed Coast Guard budget estimates for the fiscal years 
covered by such proposed 2-year budget.

Sec.  664. User fees

   (a) A fee or charge for a service or thing of value provided 
by the Coast Guard shall be prescribed as provided in section 
9701 of title 31.
   (b) Amounts collected by the Secretary for a service or 
thing of value provided by the Coast Guard shall be deposited 
in the general fund of the Treasury as proprietary receipts of 
the department in which the Coast Guard is operating and 
ascribed to Coast Guard activities.
   (c) Before January 1 of each year, the Secretary shall 
submit a report to the Committee on [Merchant Marine and 
Fisheries] Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate that includes--
           (1) a verification of each activity for which a fee 
        or charge is collected under any law stating--
                   (A) the amount collected in the prior fiscal 
                year; and
                   (B) that the amount spent on that activity 
                in that fiscal year is not less than the amount 
                collected; and
           (2) the amount expected to be collected under any 
        law in the current fiscal year for each activity for 
        which a fee or charge is expected to be collected.

                             * * * * * * *

Sec. 672b. Long-term lease authority for lighthouse property

  (a) The Commandant of the Coast Guard may lease to non-
Federal entities, including private individuals, lighthouse 
property under the administrative control of the Coast Guard 
for terms not to exceed 30 years. Consideration for the use and 
occupancy of lighthouse property leased under this section, and 
for the value of any utilities and services furnished to a 
lessee of such property by the Commandant, may consist, in 
whole or in part, of non-pecuniary remuneration including, but 
not limited to, the improvement, alteration, restoration, 
rehabilitation, repair, and maintenance of the leased premises 
by the lessee. Section 321 of chapter 314 of the Act of June 
30, 1932 (40 U.S.C. 303b) shall not apply to leases issued by 
the Commandant under this section.
  (b) Amounts received from leases made under this section, 
less expenses incurred, shall be deposited in the Treasury.

                             * * * * * * *

              CHAPTER 18. COAST GUARD HOUSING AUTHORITIES

Sec.  687. Coast Guard Housing Fund

  (a) Establishment.--There is hereby established on the books 
of the Treasury an account to be known as the Coast Guard 
Housing Fund (in this section referred to as the ``Fund'').
  (b) Credits to Fund.--There shall be credited to the Fund the 
following:
           (1) Amounts authorized for and appropriated to that 
        Fund.
           (2) Subject to subsection (e), any amounts that the 
        Secretary transfers, in such amounts as provided in 
        appropriation Acts, to that Fund from amounts 
        authorized and appropriated to the Department of 
        Transportation or Coast Guard for the acquisition or 
        construction of military family housing or 
        unaccompanied housing.
           (3) Proceeds from the conveyance or lease of 
        property or facilities under section 685 of this title 
        for the purpose of carrying out activities under this 
        chapter with respect to military family and military 
        unaccompanied housing.
           (4) Income from any activities under this chapter, 
        including interest on loan guarantees made under 
        section 682 of this title, income and gains realized 
        from investments under section 684 of this title, and 
        any return of capital invested as part of such 
        investments.
  (c) Use of Amounts in Fund.--
           (1) In such amounts as provided in appropriation 
        Acts and except as provided in subsection (d), the 
        Secretary may use amounts in the Coast Guard Housing 
        Fund to carry out activities under this chapter with 
        respect to military family and military unaccompanied 
        housing units, including activities required in 
        connection with the planning, execution, and 
        administration of contracts entered into under the 
        authority of this chapter.
           (2) Amounts made available under this subsection 
        shall remain available until expended.
  (d) Limitation on Obligations.--The Secretary may not incur 
an obligation under a contract or other agreements entered into 
under this chapter in excess of the unobligated balance, at the 
time the contract is entered into, of the Fund required to be 
used to satisfy the obligation.
  (e) Notification Required for Transfers.--A transfer of 
appropriated amounts to the Fund under subsection (b)(2) or 
(b)(3) of this section may be made only after the end of a 30-
day period beginning on the date the Secretary submits written 
notice of, and justification for, the transfer to the 
appropriate committees of Congress.
  (f) Limitation on Amount of Budget Authority.--The total 
value in budget authority of all contracts and investments 
undertaken using the authorities provided in this chapter shall 
not exceed $20,000,000.
  (g) Demonstration Project Authorized.--To promote 
efficiencies through the use of alternative procedures for 
expediting new housing projects, the Secretary--
          (1) may develop and implement a demonstration project 
        for acquisition or construction of military family 
        housing and military unaccompanied housing at the Coast 
        Guard installation at Kodiak, Alaska;
          (2) in implementing the demonstration project shall 
        utilize, to the maximum extent possible, the 
        contracting authority of the Small Business 
        Administration's section 8(a) program;
          (3) shall, to the maximum extent possible, acquire or 
        construct such housing through contracts with small 
        business concerns qualified under section 8(a) of the 
        Small Business Act (15 U.S.C. 637(a)) that have their 
        principal place of business in the State of Alaska; and
          (4) shall report to Congress by September 1st of each 
        year on the progress of activities under the 
        demonstration project.

                             * * * * * * *

Sec.  689. Expiration of authority

  The authority to enter into a transaction under this chapter 
shall expire October 1, [2001.] 2006.

                             * * * * * * *

               PART II. COAST GUARD RESERVE AND AUXILIARY

                    CHAPTER 21. COAST GUARD RESERVE

                         SUBCHAPTER A. GENERAL

Sec. 709a. Reserve student pre-commissioning assistance program

  (a) The Secretary may provide financial assistance to an 
eligible enlisted member of the Coast Guard Reserve, not on 
active duty, for expenses of the member while the member is 
pursuing on a full-time basis at an institution of higher 
education a program of education approved by the Secretary that 
leads to--
          (1) a baccalaureate degree in not more than 5 
        academic years; or
          (2) a doctor of jurisprudence or bachelor of laws 
        degree in not more than 3 academic years.
  (b)(1) To be eligible for financial assistance under this 
section, an enlisted member of the Coast Guard Reserve shall--
          (A) be enrolled on a full-time basis in a program of 
        education referred to in subsection (a) at any 
        institution of higher education; and
          (B) enter into a written agreement with the Coast 
        Guard described in paragraph (2).
  (2) A written agreement referred to in paragraph (1)(B) is an 
agreement between the member and the Secretary in which the 
member agrees--
          (A) to accept an appointment as a commissioned 
        officer in the Coast Guard Reserve, if tendered;
          (B) to serve on active duty for up to five years; and
          (C) under such terms and conditions as shall be 
        prescribed by the Secretary, to serve in the Coast 
        Guard Reserve until the eighth anniversary of the date 
        of the appointment.
  (c) Expenses for which financial assistance may be provided 
under this section are the following:
          (1) Tuition and fees charged by the institution of 
        higher education involved.
          (2) The cost of books.
          (3) In the case of a program of education leading to 
        a baccalaureate degree, laboratory expenses.
          (4) Such other expenses deemed appropriate by the 
        Secretary.
  (d) The amount of financial assistance provided to a member 
under this section shall be prescribed by the Secretary, but 
may not exceed $25,000 for any academic year.
  (e) Financial assistance may be provided to a member under 
this section for up to 5 consecutive academic years.
  (f) A member who receives financial assistance under this 
section may be ordered to active duty in the Coast Guard 
Reserve by the Secretary to serve in a designated enlisted 
grade for such period as the Secretary prescribes, but not more 
than 4 years, if the member--
          (1) completes the academic requirements of the 
        program and refuses to accept an appointment as a 
        commissioned officer in the Coast Guard Reserve when 
        offered;
          (2) fails to complete the academic requirements of 
        the institution of higher education involved; or
          (3) fails to maintain eligibility for an original 
        appointment as a commissioned officer.
  (g)(1) If a member requests to be released from the program 
and the request is accepted by the Secretary, or if the member 
fails because of misconduct to complete the period of active 
duty specified, or if the member fails to fulfill any term or 
condition of the written agreement required to be eligible for 
financial assistance under this section, the financial 
assistance shall be terminated. The member shall reimburse the 
United States in an amount that bears the same ratio to the 
total cost of the education provided to such person as the 
unserved portion of active duty bears to the total period of 
active duty such person agreed to serve. The Secretary shall 
have the option to order such reimbursement without first 
ordering the member to active duty.
  (2) The Secretary may waive the service obligated under 
subsection (f) of a member who is not physically qualified for 
appointment and who is determined to be unqualified for service 
as an enlisted member of the Coast Guard Reserve due to a 
physical or medical condition that was not the result of the 
member's own misconduct or grossly negligent conduct.
  (h) As used in this section, the term ``institution of higher 
education'' has the meaning given that term in section 101 of 
the Higher Education Act of 1965 (20 U.S.C. 1001).

                  SUBCHAPTER B. COMMISSIONED OFFICERS

Sec.  729. Promotion; recommendations of selection boards

   (a) Except as otherwise provided by law, a Reserve officer 
shall only be promoted pursuant to the recommendation of a 
selection board.
   (b) The Secretary shall convene selection boards from time 
to time to recommend Reserve officers for promotion to the next 
higher grade. A board may be convened to consider officers in 
one or more grades.
   (c) A selection board shall, from among the names of those 
eligible Reserve officers submitted to it, recommend for 
promotion to the next higher grade:
           (1) those officers serving in the grade of 
        lieutenant (junior grade) or above whom it considers to 
        be best qualified; and
           (2) those officers serving in the grade of ensign 
        whom it considers to be fully qualified.
   (d)(1) Before convening a selection board to recommend 
Reserve officers for promotion, the Secretary shall establish a 
promotion zone for officers serving in each grade to be 
considered by the board. The Secretary shall determine the 
number of officers in the promotion zone for officers serving 
in any grade from among officers who are eligible for promotion 
in that grade.
   (2)(A) Before convening a selection board to recommend 
Reserve officers for promotion to a grade (other than the grade 
of lieutenant (junior grade)), the Secretary shall determine 
the maximum number of officers in that grade that the board may 
recommend for promotion.
   (B) The Secretary shall make the determination under 
subparagraph (A) of the maximum number that may be recommended 
with a view to having in an active status a sufficient number 
of Reserve officers in each grade to meet the needs of the 
Coast Guard for Reserve officers in an active status.
   (C) In order to make the determination under subparagraph 
(B), the Secretary shall determine the following:
           (i) The number of positions needed to accomplish 
        mission objectives that require officers in the grade 
        to which the board will recommend officers for 
        promotion.
           (ii) The estimated number of officers needed to fill 
        vacancies in such positions during the period in which 
        it is anticipated that officers selected for promotion 
        will be promoted.
           (iii) The number of officers authorized by the 
        Secretary to serve in an active status in the grade 
        under consideration.
           (iv) Any statutory limitation on the number of 
        officers in any grade authorized to be in an active 
        status.
   (3)(A) The Secretary may, when the needs of the Coast Guard 
require, authorize the consideration of officers in a grade 
above lieutenant (junior grade) for promotion to the next 
higher grade from below the promotion zone.
   (B) When selection from below the promotion zone is 
authorized, the Secretary shall establish the number of 
officers that may be recommended for promotion from below the 
promotion zone. That number may not exceed the number equal to 
10 percent of the maximum number of officers that the board is 
authorized to recommend for promotion, except that the 
Secretary may authorize a greater number, not to exceed 15 
percent of the total number of officers that the board is 
authorized to recommend for promotion, if the Secretary 
determines that the needs of the Coast Guard so require. If the 
maximum number determined under this subparagraph is less than 
one, the board may recommend one officer for promotion from 
below the promotion zone.
   (C) The number of officers recommended for promotion from 
below the promotion zone does not increase the maximum number 
of officers that the board is authorized to recommend for 
promotion under paragraph (2).
   (e) The law and regulations relating to the selection for 
promotion of a commissioned officer of the Regular Coast Guard 
to the grades of rear admiral (lower half) and rear admiral 
apply to a Reserve officer, except that to be eligible for 
consideration for promotion to the grade of rear admiral (lower 
half) an officer shall have completed at least ten years 
commissioned service, of which the last five years shall have 
been served in the Coast Guard Reserve.
   (f) The provisions of section 260 of this title apply to 
boards convened under this section. The Secretary shall 
determine the procedure to be used by a selection board.
   (g) The report of a selection board shall be submitted to 
the Secretary for review and transmission to the President for 
approval. When an officer recommended by a board for promotion 
is not acceptable to the President, the President may remove 
the name of that officer from the report of the board.
   (h) The recommendations of a selection board, as approved by 
the President, constitute a list of selectees from which the 
promotions of Reserve officers shall be made. An officer on a 
list of selectees remains thereon until promoted unless removed 
by the President under section 738 of this title. If an 
existing list of selectees has not been exhausted by the time a 
later list has been approved, all officers remaining on the 
older list shall be tendered appointments prior to those on the 
later list.
   (i) A Reserve officer whose name is on a list of selectees 
for promotion shall, unless that officer's promotion is 
lawfully withheld, be tendered an appointment in the next 
higher grade on the date a vacancy occurs, or as soon 
thereafter as practicable, in the grade to which the officer 
was selected for promotion, or if promotion was determined in 
accordance with a running mate system at the same time, or as 
soon thereafter as practicable, as that officer's running mate 
is tendered a similar appointment.

                             * * * * * * *

               PART II. COAST GUARD RESERVE AND AUXILIARY

                    CHAPTER 21. COAST GUARD RESERVE

                  SUBCHAPTER B. COMMISSIONED OFFICERS

Sec.  731. Establishment of promotion zones under running mate system

  (a) Authority To Use Running Mate System.--The Secretary may 
by regulation implement section 729(d)(1) of this title by 
requiring that the promotion zone for consideration of Reserve 
officers in an active status for promotion to the next higher 
grade be determined in accordance with a running mate system as 
provided in subsection [(b).] (b), or in the event that 
promotion is not determined in accordance with a running mate 
system, then a Reserve officer becomes eligible for 
consideration for promotion to the next higher grade at the 
beginning of the promotion year in which he completes the 
following amount of service computed from his date of rank in 
the grade in which he is serving:
          (1) 2 years in the grade of lieutenant (junior 
        grade).
          (2) 3 years in the grade of lieutenant.
          (3) 4 years in the grade of lieutenant commander.
          (4) 4 years in the grade of commander.
          (5) 3 years in the grade of captain.
  (b) Consideration for Promotion.--If promotion zones are 
determined as authorized under subsection (a), Reserve officer 
shall, subject to the eligibility requirements of this 
subchapter, be placed in a promotion zone when that officer's 
running mate is placed in a promotion zone and shall, in 
accordance with the provisions of this subchapter, be 
considered for promotion at approximately the same time as that 
officer's running mate or as soon thereafter as practicable.
  (c) Consideration of Officers Below the Zone.--If the 
Secretary authorizes the selection of officers for promotion 
from below the promotion zone in accordance with section 
729(d)(3) of this title, the number of officers to be 
considered from below the zone may be established through the 
application of the running mate system under this subchapter or 
otherwise as the Secretary determines to be appropriate to meet 
the needs of the Coast Guard.

                             * * * * * * *

Sec.  736. Date of rank upon promotion; entitlement to pay

   (a) When a Reserve officer is promoted to the next higher 
grade under this subchapter, the date of rank shall be the date 
of appointment in that grade, unless the promotion was 
determined in accordance with a running mate system, in which 
event the same date of rank shall be assigned as that assigned 
to the officer's running mate. A Reserve officer so promoted 
shall be allowed the pay and allowances of the higher grade for 
duty performed from the date of the officer's appointment 
thereto.
   (b) Notwithstanding any other law, when the running mate of 
a reserve officer serving in the grade of rear admiral (lower 
half) is promoted to the grade of rear admiral, the reserve 
officer shall also be promoted to that grade.
   (c) For the purposes of subsection (a) of this section, the 
date of appointment shall be that date when promotion authority 
is exercised by the Secretary. However, the Secretary may 
adjust the date of appointment--
           (1) if a delay in the finding required under section 
        734(a) of this title is beyond the control of the 
        officer and the officer is otherwise qualified for 
        promotion; or
           (2) for any other reason that equity requires.

                             * * * * * * *

                    CHAPTER 23. COAST GUARD AUXILIARY

Sec.  823a. Members of the Auxiliary; status

  (a) Except as otherwise provided in this chapter, a member of 
the Coast Guard Auxiliary shall not be considered to be a 
Federal employee and shall not be subject to the provisions of 
law relating to Federal employment, including those relating to 
hours of work, rates of compensation, leave, unemployment 
compensation, Federal employee benefits, ethics, conflicts of 
interest, and other similar criminal or civil statutes and 
regulations governing the conduct of Federal employees. 
However, nothing in this subsection shall constrain the 
Commandant from prescribing standards for the conduct and 
behavior of members of the Auxiliary.
  (b) A member of the Auxiliary while assigned to duty shall be 
deemed to be a Federal employee only for the purposes of the 
following:
          (1) Chapter 26 of title 28 (popularly known as the 
        Federal Tort Claims Act).
          (2) Section 2733 of title 10 (popularly known as the 
        Military Claims Act).
          (3) The Act of March 3, 1925 (46 App. U.S.C. 781-790; 
        popularly known as the Public Vessels Act).
          (4) The Act of March 9, 1920 (46 App. U.S.C. 741-752; 
        popularly known as the Suits in Admiralty Act).
          (5) The Act of June 19, 1948 (46 App. U.S.C. 740; 
        popularly known as the Admiralty Extension Act).
          (6) Other matters related to noncontractual civil 
        liability.
          (7) Compensation for work injuries under chapter 81 
        of title 5.
          (8) The resolution of claims relating to damage to or 
        loss of personal property of the member incident to 
        service under the Military Personnel and Civilian 
        Employees' Claims Act of 1964 (31 U.S.C. 3721).
          (9) On or after January 1, 2001, the first section 
        651 in the Omnibus Consolidated Appropriations Act, 
        1997 (110 Stat. 3009-368).
  (c) A member of the Auxiliary, while assigned to duty, shall 
be deemed to be a person acting under an officer of the United 
States or an agency thereof for purposes of section 1442(a)(1) 
of title 28.

                             * * * * * * *

           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''.

                             * * * * * * *

               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]

                    Towing Safety Advisory Committee

  (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 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 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 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, 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.

              INTERNATIONAL NAVIGATIONAL RULES ACT OF 1977

SEC. 3. INTERNATIONAL REGULATIONS. [33 U.S.C. 1602]

  (a) Proclamation by President; Effective Date.--The President 
is authorized to proclaim the International Regulations for 
Preventing Collisions at Sea, 1972 (hereinafter referred to as 
the ``International Regulations''). The effective date of the 
International Regulations for the United States shall be 
specified in the proclamation and shall be the date as near as 
possible to, but no earlier than, the date on which the 
Convention on the International Regulations for Preventing 
Collisions at Sea, 1972 (hereinafter referred to as the 
``Convention''), signed at London, England, under date of 
October 20, 1972, enters into force for the United States. The 
International Regulations proclaimed shall consist of the rules 
and other annexes attached to the Convention.
  (b) Publication of Proclamation in Federal Register.--The 
proclamation shall include the International Regulations and 
shall be published in the Federal Register. On the date 
specified in the proclamation, the International Regulations 
shall enter into force for the United States and shall have 
effect as if enacted by statute.
  (c) Amendment of International Regulations.--Subject to the 
provisions of subsection (d) hereof, the President is also 
authorized to proclaim any amendment to the International 
Regulations hereafter adopted in accordance with the provisions 
of article VI of the Convention, and to which the United States 
does not object. The effective date of the amendment shall be 
specified in the proclamation and shall be in accordance with 
the provisions of the said article VI. The proclamation shall 
include the adopted amendment and shall be published in the 
Federal Register. On the date specified in the proclamation, 
the amendment shall enter into force for the United States as a 
constituent part of the International Regulations, as amended, 
and shall have effect as if enacted by statute.
  (d) Notification to Congress of Proposed Amendments; 
Congressional Resolution of Disapproval.--
          (1) Upon receiving a proposed amendment to the 
        International Regulations, communicated to the United 
        States pursuant to clause 3 of article VI of the 
        Convention, the President shall promptly notify the 
        Congress of the proposed amendment. If, within sixty 
        days after receipt of such notification by the 
        Congress, or ten days prior to the date under clause 4 
        of article VI for registering an objection, whichever 
        comes first, the Congress adopts a resolution of 
        disapproval, such resolution shall be transmitted to 
        the President and shall constitute an objection by the 
        United States to the proposed amendment. If, upon 
        receiving notification of the resolution of 
        disapproval, the President has not already notified the 
        Inter-Governmental Maritime Consultative Organization 
        of an objection to the United States to the proposed 
        amendment, he shall promptly do so.
          (2) For the purposes of this subsection, ``resolution 
        of disapproval'' means a concurrent resolution 
        initiated by either House of the Congress, the matter 
        after the resolving clause of which is to read as 
        follows: ``That the ---- (the ---- concurring) does not 
        favor the proposed amendment to the International 
        Regulations for Preventing Collisions at Sea, 1972, 
        relating to ----, and forwarded to the Congress by the 
        President on ----.'', the first blank space therein to 
        be filled with the name of the resolving House, the 
        second blank space therein to be filled with the name 
        of the concurring House, the third blank space therein 
        to be filled with the subject matter of the proposed 
        amendment, and the fourth blank space therein to be 
        filled with the day, month, and year.
          (3) Any proposed amendment transmitted to the 
        Congress by the President and any resolution of 
        disapproval pertaining thereto shall be referred, in 
        the House of Representatives, to the Committee on 
        [Merchant Marine and Fisheries,] Transportation and 
        Infrastructure and shall be referred, in the Senate, to 
        the Committee on Commerce, Science, and Transportation.

                 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 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, 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.

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 obtain an advance 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 advanced 
and the facts and circumstances necessitating the advance. 
Amounts advanced 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.

                       OIL POLLUTION ACT OF 1990

SEC. 5004. VESSEL TRAFFIC SERVICE SYSTEM. [33 U.S.C. 2734]

  The Secretary of Transportation shall within one year after 
the date of the enactment of this title--
          (1) acquire, install, and operate such additional 
        equipment (which may consist of radar, closed circuit 
        television, satellite tracking systems, or other 
        shipboard dependent surveillance), train and locate 
        such personnel, and issue such final regulations as are 
        necessary to increase the range of the existing VTS 
        system in the Port of Valdez, Alaska, sufficiently to 
        track the locations and movements of tank vessels 
        carrying oil from the Trans-Alaska Pipeline when such 
        vessels are transiting Prince William Sound, Alaska, 
        and to sound an audible alarm when such tankers depart 
        from designated navigation routes; and
          (2) submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        [Merchant Marine and Fisheries] Transportation and 
        Infrastructure of the House of Representatives a report 
        on the feasibility and desirability of instituting 
        positive control of tank vessel movements in Prince 
        William Sound by Coast Guard personnel using the Port 
        of Valdez, Alaska, VTS system, as modified pursuant to 
        paragraph (1).

                           TITLE 46. SHIPPING

                    SUBTITLE II. VESSELS AND SEAMEN

                       PART A. GENERAL PROVISIONS

               CHAPTER 23. OPERATION OF VESSELS GENERALLY

Sec.  2302. Penalties for negligent operations and interfering with 
                    safe operation

  (a) A person operating a vessel in a negligent manner or 
interfering with the safe operation of a vessel, so as to 
endanger the life, limb, or property of a person is liable to 
the United States Government for a civil penalty of not more 
than [$1,000.] $5,000 in the case of a recreational vessel, or 
$25,000 in the case of any other vessel.
  (b) A person operating a vessel in a grossly negligent manner 
that endangers the life, limb, or property of a person commits 
a class A misdemeanor.
  (c) An individual who is under the influence of alcohol, or a 
dangerous drug in violation of a law of the United States when 
operating a vessel, as determined under standards prescribed by 
the Secretary by regulation--
          (1) is liable to the United States Government for a 
        civil penalty of not more than $5,000; or
          (2) commits a class A misdemeanor.
  (d) For a penalty imposed under this section, the vessel also 
is liable in rem unless the vessel is--
          (1) owned by a State or a political subdivision of a 
        State;
          (2) operated principally for governmental purposes; 
        and
          (3) identified clearly as a vessel of that State or 
        subdivision.
  (e)(1) A vessel may not transport Government-impelled cargoes 
if--
          (A) the vessel has been detained and determined to be 
        substandard by the Secretary for violation of an 
        international safety convention to which the United 
        States is a party, and the Secretary has published 
        notice of that detention and determination in an 
        electronic form, including the name of the owner of the 
        vessel; or
          (B) the operator of the vessel has on more than one 
        occasion had a vessel detained and determined to be 
        substandard by the Secretary for violation of an 
        international safety convention to which the United 
        States is a party, and the Secretary has published 
        notice of that detention and determination in an 
        electronic form, including the name of the owner of the 
        vessel.
  (2) The prohibition in paragraph (1) expires for a vessel on 
the earlier of--
          (A) 1 year after the date of the publication in 
        electronic form on which the prohibition is based; or
          (B) any date on which the owner or operator of the 
        vessel prevails in an appeal of the violation of the 
        relevant international convention on which the 
        detention is based.
  (3) As used in this subsection, the term ``Government-
impelled cargo'' means cargo for which a Federal agency 
contracts directly for shipping by water or for which (or the 
freight of which) a Federal agency provides financing, 
including financing by grant, loan, or loan guarantee, 
resulting in shipment of the cargo by water.

                             * * * * * * *

Sec.  2307. Limitation of liability for Coast Guard Vessel Traffic 
                    Service pilots

  Any pilot, acting in the course and scope of his duties while 
at a United States Coast Guard Vessel Traffic Service, who 
provides information, advice or communication assistance shall 
not be liable for damages caused by or related to such 
assistance unless the acts or omissions of such pilot 
constitute gross negligence or willful misconduct.

                    SUBTITLE II. VESSELS AND SEAMEN

              PART B. INSPECTION AND REGULATION OF VESSELS

                    CHAPTER 43. RECREATIONAL VESSELS

Sec.  4310. Repair and replacement of defects

  (a) In this section, ``associated equipment'' includes only 
items or classes of associated equipment that the Secretary 
shall prescribe by regulation after deciding that the 
application of the requirements of this section to those items 
or classes of associated equipment is reasonable and in 
furtherance of this chapter.
  (b) If a recreational vessel or associated equipment has left 
the place of manufacture and the recreational vessel 
manufacturer discovers or acquires information that the 
manufacturer decides, in the exercise of reasonable and prudent 
judgment, indicates that a recreational vessel or associated 
equipment subject to an applicable regulation prescribed under 
section 4302 of this title either fails to comply with the 
regulation, or contains a defect that creates a substantial 
risk of personal injury to the public, the manufacturer shall 
provide notification of the defect or failure of compliance as 
provided by subsections (c) and (d) of this section within a 
reasonable time after the manufacturer has discovered the 
defect.
  (c)(1) The notification required by subsection (b) of this 
section shall be given to the following persons in the 
following manner:
          (A) by certified mail to the first purchaser for 
        other than resale, except that the requirement for 
        notification of the first purchaser shall be satisfied 
        if the recreational vessel manufacturer exercises 
        reasonable diligence in establishing and maintaining a 
        list of those purchasers and their current addresses, 
        and sends the required notice to each person on that 
        list at the address appearing on the list.
          (B) by certified mail to subsequent purchasers if 
        known to the manufacturer.
          (C) by certified mail or other more expeditious means 
        to the dealers and distributors of the recreational 
        vessels or associated equipment.
  (2) The notification required by subsection (b) of this 
section is required to be given only for a defect or failure of 
compliance discovered by the recreational vessel manufacturer 
within a reasonable time after the manufacturer has discovered 
the defect or failure, except that the manufacturer's duty of 
notification under paragraph (1)(A) and (B) of this subsection 
applies only to a defect or failure of compliance discovered by 
the manufacturer within one of the following appropriate 
periods:
          (A) if a recreational vessel or associated equipment 
        required by regulation to have a date of certification 
        affixed, [5] 10 years from the date of certification.
          (B) if a recreational vessel or associated equipment 
        not required by regulation to have a date of 
        certification affixed, [5] 10 years from the date of 
        manufacture.
  (d) The notification required by subsection (b) of this 
section shall contain a clear description of the defect or 
failure to comply, an evaluation of the hazard reasonably 
related to the defect or failure, a statement of the measures 
to correct the defect or failure, and an undertaking by the 
recreational vessel manufacturer to take those measures only at 
the manufacturer's cost and expense.
  (e) Each recreational vessel manufacturer shall provide the 
Secretary with a copy of all notices, bulletins, and other 
communications to dealers and distributors of that 
manufacturer, and to purchasers of recreational vessels or 
associated equipment of that manufacturer, about a defect 
related to safety in the recreational vessels or associated 
equipment, and any failure to comply with the regulation or 
order applicable to the recreational vessels or associated 
equipment. The Secretary may publish or otherwise disclose to 
the public information in the notices or other information the 
Secretary has that the Secretary considers will assist in 
carrying out this chapter. However, the Secretary may disclose 
any information that contains or relates to a trade secret only 
if the Secretary decides that the information is necessary to 
carry out this chapter.
  (f) If, through testing, inspection, investigation, or 
examination of reports, the Secretary decides that a 
recreational vessel or associated equipment to which this 
chapter applies contains a defect related to safety or fails to 
comply with an applicable regulation prescribed under this 
chapter and notification under this chapter is appropriate, the 
Secretary shall notify the recreational vessel manufacturer of 
the defect or failure. The notice shall contain the findings of 
the Secretary and shall include a synopsis of the information 
on which they are based. The manufacturer may then provide the 
notification required by this chapter to the persons designated 
in this chapter or dispute the Secretary's decision. If 
disputed, the Secretary shall provide the manufacturer with an 
opportunity to present views and establish that there is no 
such defect or failure. When the Secretary considers it to be 
in the public interest, the Secretary may publish notice of the 
proceeding in the Federal Register and provide interested 
persons, including the National Boating Safety Advisory 
Council, with an opportunity to comment. If, after presentation 
by the manufacturer, the Secretary decides that the 
recreational vessel or associated equipment contains a defect 
related to safety or fails to comply with an applicable 
regulation, the Secretary may direct the manufacturer to 
provide the notifications specified in this chapter.
  (g) The Secretary may prescribe regulations to carry out this 
section, including the establishment of procedures that require 
dealers and distributors to assist manufacturers in obtaining 
information required by this section. A regulation prescribed 
under this subsection does not relieve a manufacturer of any 
obligation imposed by this section.

                     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 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, 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 before taking any significant action 
relating to the safe operation of vessels to which this chapter 
applies.
   (2) The Secretary shall 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.] on 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.

                     SUBTITLE II. VESSELS AND SEAMEN

                        PART D. MARINE CASUALTIES

                 CHAPTER 61. REPORTING MARINE CASUALTIES

Sec.  6101. Marine casualties and reporting

  (a) The Secretary shall prescribe regulations on the marine 
casualties to be reported and the manner of reporting. The 
regulations shall require reporting the following marine 
casualties:
          (1) death of an individual.
          (2) serious injury to an individual.
          (3) material loss of property.
          (4) material damage affecting the seaworthiness or 
        efficiency of the vessel.
          (5) significant harm to the environment.
  (b) A marine casualty shall be reported within 5 days as 
provided in this part and regulations prescribed under this 
part. Each report filed under this section shall include 
information as to whether the use of alcohol contributed to the 
casualty.
  (c) [Repealed]
  (d)(1) This part applies to a foreign vessel when involved in 
a marine casualty on the navigable waters of the United States.
  (2) This part applies, to the extent consistent with 
generally recognized principles of international law, to a 
foreign vessel constructed or adapted to carry, or that 
carries, oil in bulk as cargo or cargo residue involved in a 
marine casualty described under subsection (a)(4) or (5) in 
waters subject to the jurisdiction of the United States, 
including the Exclusive Economic Zone.
  (e) A marine casualty not resulting in the death of an 
individual shall be classified according to the gravity of the 
casualty, as prescribed by regulation, giving consideration to 
the extent of injuries to individuals, the extent of property 
damage, the dangers that the casualty creates, and the size, 
occupation, and means of propulsion of each vessel involved.
  [(e)] (f)(1) This chapter applies to a marine casualty 
involving a United States citizen on a foreign passenger vessel 
operating south of 75 degrees north latitude, west of 35 
degrees west longitude, and east of the International Date 
Line; or operating in the area south of 60 degrees south 
latitude that--
          (A) embarks or disembarks passengers in the United 
        States; or
          (B) transports passengers traveling under any form of 
        air and sea ticket package marketed in the United 
        States.
  (2) When there is a marine casualty described in paragraph 
(1) of this subsection and an investigation is conducted, the 
Secretary shall ensure that the investigation--
          (A) is thorough and timely; and
          (B) produces findings and recommendations to improve 
        safety on passenger vessels.
  (3) When there is a marine casualty described in paragraph 
(1) of this subsection, the Secretary may--
          (A) seek a multinational investigation of the 
        casualty under auspices of the International Maritime 
        Organization; or
          (B) conduct an investigation of the casualty under 
        chapter 63 of this title.
  (g) To the extent consistent with generally recognized 
practices and procedures of international law, this part 
applies to a foreign vessel involved in a marine casualty or 
incident, as defined in the International Maritime Organization 
Code for the Investigation of Marine Casualties and Incidents, 
where the United States is a Substantially Interested State and 
is, or has the consent of, the Lead Investigating State under 
the Code.

                        PART D. MARINE CASUALTIES

               CHAPTER 63. INVESTIGATING MARINE CASUALTIES

Sec.  6307. Notifications to Congress

  (a) The Secretary shall notify the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
[Merchant Marine and Fisheries] Transporation and 
Infrastructure of the House of Representatives of any hearing, 
before the hearing occurs, investigating a major marine 
casualty involving a death under section 6301 of this title.
  (b) The Secretary shall submit to a committee referred to in 
subsection (a) of this section information on a major marine 
casualty that is requested by that committee or the chairman of 
the committee if the submission of that information is not 
prohibited by a law of the United States.
  (c) The Secretary shall submit annually to Congress a summary 
of the marine casualties reported during the prior fiscal year, 
together with a brief statement of action taken concerning 
those casualties.

      PART E. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS

                CHAPTER 73. MERCHANT MARINERS' DOCUMENTS

Sec.  7302. Issuing merchant mariners' documents and continuous 
                    discharge books

  (a) The Secretary shall issue a merchant mariner's document 
to an individual required to have that document under part F of 
this subtitle if the individual satisfies the requirements of 
this part. The document serves as a certificate of 
identification and as a certificate of service, specifying each 
rating in which the holder is qualified to serve on board 
vessels on which that document is required under part F.
  (b) The Secretary also may issue a continuous discharge book 
to an individual issued a merchant mariner's document if the 
individual requests.
  (c) The Secretary may not issue a merchant mariner's document 
under this chapter unless the individual applying for the 
document makes available to the Secretary, under section 
206(b)(7) of the National Driver Register Act of 1982 (23 
U.S.C. 401 note), any information contained in the National 
Driver Register related to an offense described in section 
205(a)(3) (A) or (B) of that Act committed by the individual.
  (d) The Secretary may review the criminal record of an 
individual who applies for a merchant mariner's document under 
this section.
  (e) The Secretary shall require the testing of an individual 
applying for issuance or renewal of a merchant mariner's 
document under this chapter for the use of a dangerous drug in 
violation of law or Federal regulation.
  (f) [A] Except as provided in subsection (g), a merchant 
mariner's document issued under this chapter is valid for 5 
years and may be renewed for additional 5-year periods.
  (g)(1) The Secretary may, pending receipt and review of 
information required under subsections (c) and (d), immediately 
issue an interim merchant mariner's document valid for a period 
not to exceed 120 days, to--
          (A) an individual to be employed as gaming personnel, 
        entertainment personnel, wait staff, or other service 
        personnel on board a passenger vessel not engaged in 
        foreign service, with no duties, including emergency 
        duties, related to the navigation of the vessel or the 
        safety of the vessel, its crew, cargo or passengers; or
          (B) an individual seeking renewal of, or qualifying 
        for a supplemental endorsement to, a valid merchant 
        mariner's document issued under this section.
  (2) No more than one interim document may be issued to an 
individual under paragraph (1)(A) of this subsection.

                       PART 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 
        for a period of not more than 30 service days within a 
        12 month period as entertainment 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.

                       PART F. MANNING OF VESSELS

                    CHAPTER 93. GREAT LAKES PILOTAGE

Sec.  9307. Great Lakes Pilotage Advisory Committee

  (a) The Secretary 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, 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) The President of an association within each of 
        the 3 Great Lakes pilotage districts, or the 
        President's representative;
          (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) a member with a background in finance or 
        accounting, who--
                          (i) must have been recommended to the 
                        Secretary by a unanimous vote of the 
                        other members of the Committee, and
                          (ii) may be appointed without regard 
                        to requirement in paragraph (1) that 
                        each member have 5 years of practical 
                        experience in maritime operations.
  (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 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 before taking any significant action 
relating to Great Lakes pilotage.
  (2) The Secretary shall consider the information, advice, and 
recommendations of the Committee in formulating policy 
regarding matters affecting Great Lakes pilotage.
  (3) Any recommendations to the Secretary under subsection 
(a)(2) must have been approved by at least all but one of the 
members then serving on the committee.
  (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, 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.

                     SUBTITLE II. VESSELS AND SEAMEN

                  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 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.

                    SUBTITLE III. MARITIME LIABILITY

         CHAPTER 313. COMMERCIAL INSTRUMENTS AND MARITIME LIENS

                  SUBCHAPTER II. COMMERCIAL INSTRUMENTS

Sec.  31321. Filing, recording, and discharge

  (a)(1) A bill of sale, conveyance, mortgage, assignment, or 
related instrument, whenever made, that includes any part of a 
documented vessel or a vessel for which an application for 
documentation is filed, must be filed with the Secretary of 
Transportation to be valid, to the extent the vessel is 
involved, against any person except--
          (A) the grantor, mortgagor, or assignor;
          (B) the heir or devisee of the grantor, mortgagor, or 
        assignor; and
          (C) a person having actual notice of the sale, 
        conveyance, mortgage, assignment, or related 
        instrument.
  (2) Each bill of sale, conveyance, mortgage, assignment, or 
related instrument that is filed in substantial compliance with 
this section is valid against any person from the time it is 
filed with the Secretary.
  (3) The parties to an instrument or an application for 
documentation shall use diligence to ensure that the parts of 
the instrument or application for which they are responsible 
are in substantial compliance with the filing and documentation 
requirements.
  (4)[(A)] A bill of sale, conveyance, mortgage, assignment, or 
related instrument may be filed electronically under 
regulations prescribed by the Secretary.
          [(B) A filing made electronically under subparagraph 
        (A) shall not be effective after the 10-day period 
        beginning on the date of the filing unless the original 
        instrument is provided to the Secretary within that 10-
        day period.]
  (b) To be filed, a bill of sale, conveyance, mortgage, 
assignment, or related instrument must--
          (1) identify the vessel;
          (2) state the name and address of each party to the 
        instrument;
          (3) state, if a mortgage, the amount of the direct or 
        contingent obligations (in one or more units of account 
        as agreed to by the parties) that is or may become 
        secured by the mortgage, excluding interest, expenses, 
        and fees;
          (4) state the interest of the grantor, mortgagor, or 
        assignor in the vessel;
          (5) state the interest sold, conveyed, mortgaged, or 
        assigned; and
          (6) be signed and acknowledged.
  (c) If a bill of sale, conveyance, mortgage, assignment, or 
related document is filed that involves a vessel for which an 
application for documentation is filed, and the Secretary 
decides that the vessel cannot be documented by an applicant--
          (1) the Secretary shall send notice of the 
        Secretary's decision, including reasons for the 
        decision, to each interested party to the instrument 
        filed for recording; and
          (2) 90 days after sending the notice as provided 
        under clause (1) of this subsection, the Secretary--
                  (A) may terminate the filing; and
                  (B) may return the instrument filed without 
                recording it under subsection (e) of this 
                section.
  (d) A person may withdraw an application for documentation of 
a vessel for which a mortgage has been filed under this section 
only if the mortgagee consents.
  (e) The Secretary shall--
          (1) record the bills of sale, conveyances, mortgages, 
        assignments, and related instruments of a documented 
        vessel complying with subsection (b) of this section in 
        the order they are filed; and
          (2) maintain appropriate indexes, for use by the 
        public, of instruments filed or recorded, or both.
  (f) On full and final discharge of the indebtedness under a 
mortgage recorded under subsection (e)(1) of this section, a 
mortgagee, on request of the Secretary or mortgagor, shall 
provide the Secretary with an acknowledged certificate of 
discharge of the indebtedness in a form prescribed by the 
Secretary. The Secretary shall record the certificate.
  (g) The mortgage or related instrument of a vessel covered by 
a preferred mortgage under section 31322(d) of this title, that 
is later filed under this section at the time an application 
for documentation is filed, is valid under this section from 
the time the mortgage or instrument representing financing 
became a preferred mortgage under section 31322(d).
  (h) On full and final discharge of the indebtedness under a 
mortgage deemed to be a preferred mortgage under section 
31322(d) of this title, a mortgagee, on request of the 
Secretary, a State, or mortgagor, shall provide the Secretary 
or the State, as appropriate, with an acknowledged certificate 
of discharge of the indebtedness in a form prescribed by the 
Secretary or the State, as applicable. If filed with the 
Secretary, the Secretary shall enter that information in the 
vessel identification system under chapter 125 of this title.

                             * * * * * * *

                 COAST GUARD AUTHORIZATION ACT OF 1998

[SEC. 503. REVOCATION. [46 U.S.C. 12106 NT]

  [The Secretary may revoke an endorsement issued under section 
502, after notice and an opportunity for public comment, if the 
Secretary determines that the employment of the vessel in the 
coastwise trade has substantially changed since the issuance of 
the endorsement, and--
          [(1) the vessel is employed other than as a small 
        passenger vessel or an uninspected passenger vessel; or
          [(2) the employment of the vessel adversely affects--
                  [(A) United States vessel builders; or
                  [(B) the coastwise trade business of any 
                person who employs vessels built in the United 
                States.]

                       MERCHANT MARINE ACT, 1936

SEC. 901G. NATIONAL ADVISORY COMMISSION ON AGRICULTURAL EXPORT 
                    TRANSPORTATION POLICY. [46 U.S.C. APP. 1241K]

   (a) Establishment.--There is hereby established an advisory 
commission to be known as the National Advisory Commission on 
Agricultural Export Transportation Policy (hereafter in this 
section through section 901j referred to as the 
``Commission'').
   (b) Membership; Composition, Appointment, Etc.--
           (1) The Commission shall be composed of 16 members.
           (2) Eight members of the Commission shall be 
        appointed by the President.
           (3) The chairman and ranking minority members of the 
        Senate Committee on Agriculture, Nutrition, and 
        Forestry, of the Subcommittee on Merchant Marine of the 
        Senate Committee on Commerce, Science, and 
        Transportation, of the House Committee on Agriculture, 
        and of the House Committee on [Merchant Marine and 
        Fisheries] Transportation and Infrastructure shall 
        serve as members of the Commission.
           (4)(A) Four of the members appointed by the 
        President shall be representatives of agricultural 
        producers, cooperatives, merchandisers, and processors 
        of agricultural commodities.
           (B) The remaining four members appointed by the 
        President shall be representatives of the United 
        States-flag maritime industry, two of whom shall 
        represent labor and two of whom shall represent 
        management.
   (c) Chairman; Vacancy.--
           (1) The members of the Commission shall elect a 
        Chairman from among its members.
           (2) Any vacancy in the Commission does not affect 
        its powers but shall be filled in the same manner in 
        which the original appointment was made.

              INTERNATIONAL MARITIME AND PORT SECURITY ACT

SEC. 913. REPORTS. [46 U.S.C. APP. 1809]

   (a) Consolidation.--To the extent practicable, the reports 
required under sections 903, 905, and 907 shall be consolidated 
into a single document before being submitted to the Congress. 
Any classified material in those reports shall be submitted 
separately as an addendum to the consolidated report.
  (b) Submission to Committees.--The reports required to be 
submitted to the Congress under this title shall be submitted 
to the Committee on Foreign Affairs and the Committee on 
[Merchant Marine and Fisheries] Transporation and 
Infrastructure of the House of Representatives and the 
Committee on Foreign Relations and the Committee on Commerce, 
Science and Transportation of the Senate.

                       Communications Act of 1934

SEC. 365. AUTOMATED SHIP DISTRESS AND SAFETY SYSTEMS. [47 U.S.C. 363]

  Notwithstanding any provision of this Act or any other 
provision of law or regulation, a ship documented under the 
laws of the United States operating in accordance with the 
Global Maritime Distress and Safety System provisions of the 
Safety of Life at Sea Convention shall not be required to be 
equipped with a radio telegraphy station operated by one or 
more radio officers or [operators.] operators, or with radio 
direction-finding apparatus. This section shall take effect for 
each vessel upon a determination by the United States Coast 
Guard that such vessel has the equipment required to implement 
the Global Maritime Distress and Safety System installed and 
operating in good working condition.

                 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'') 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 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, 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'') 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 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.

                                  
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