[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
__________
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99-010 WASHINGTON : 2001
______________________________________________________________________
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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.