A BILL
To authorize appropriations for fiscal years 2000 and 2001
for the United States Coast Guard, and for other purposes.
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Coast Guard Authorization
Act of 2000".
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
1. Short title.
2. Table of contents.
TITLE I - AUTHORIZATION
101. Authorization of appropriations.
102. Authorized levels of military strength and
training.
TITLE II - COAST GUARD PERSONNEL, FINANCIAL,
AND PROPERTY MANAGEMENT
201. Coast Guard Academy Board of Trustees.
202. Special pay for physician assistants.
203. Renewal of advisory groups.
204. Administrative, collection, and enforcement
costs for certain fees and charges.
205. Suspension of retired pay of Coast Guard members
who are absent from the United States to avoid
prosecution.
TITLE III - MARINE SAFETY AND ENVIRONMENTAL PROTECTION
301. Limited liability companies as citizens of the
United States.
302. Penalties for negligent operations and
interfering with safe operation.
303. Temporary certificates of documentation for
recreational vessels.
304. Temporary merchant mariner licenses, certificates
and documents.
305. Merchant mariner document requirements.
306. Removal of abandoned barges.
307. Manning requirements of barges.
TITLE IV -FEES FOR NAVIGATION SERVICES
401. Navigation Services Fee.
402. Effective Date.
TITLE I - AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Funds are authorized to be appropriated for
necessary expenses of the Coast Guard for fiscal year 2000,
as follows:
(1) For the operation and maintenance of the Coast
Guard, $2,781,000,000, of which $300,000,000 shall be
available for defense related activities and of which
$25,000,000 shall be derived from the Oil Spill
Liability Trust Fund.
(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and
offshore facilities, vessels, and aircraft, including
equipment related thereto, $389,326,000, to remain
available until expended, of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990.
(3) For research, development, test, and
evaluation of technologies, materials, and human
factors directly relating to improving the performance
of the Coast Guard's mission in support of search and
rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and
treaties, ice operations, oceanographic research, and
defense readiness, $19,000,000, to remain available
until expended, of which $3,500,000 shall be derived
from the Oil Spill Liability Trust Fund.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed
appropriations for this purpose), payments under the
Retired Serviceman's Family Protection and Survivor
Benefit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of
title 10, United States Code, $730,327,000.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting
obstructions to navigation, and for personnel and
administrative costs associated with the Bridge
Alteration Program, $15,000,000, to remain available
until expended.
(6) For environmental compliance and restoration
at Coast Guard facilities functions (other than parts
and equipment associated with operations and
maintenance), $17,000,000, to remain available until
expended.
(b) Funds are authorized to be appropriated for
necessary expenses of the Coast Guard for fiscal year 2001,
as follows:
(1) For the operation and maintenance of the Coast
Guard, $3,199,000,000, of which $25,000,000 shall be
derived from the Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and
offshore facilities, vessels, and aircraft, including
equipment related thereto, $520,000,000, to remain
available until expended, of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990.
(3) For research, development, test, and
evaluation of technologies, materials, and human
factors directly relating to improving the performance
of the Coast Guard's mission in support of search and
rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and
treaties, ice operations, oceanographic research, and
defense readiness, $21,320,000, of which $3,500,000
shall be derived from the Oil Spill Liability Trust
Fund.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed
appropriations for this purpose), payments under the
Retired Serviceman's Family Protection and Survivor
Benefit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of
title 10, United States Code, $778,000,000, to remain
available until expended.
(5) For environmental compliance and restoration
at Coast Guard facilities functions (other than parts
and equipment associated with operations and
maintenance), $16,700,000, to remain available until
expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.
(a) The Coast Guard is authorized an end-of-year
strength for active duty personnel of 35,967 as of September
30, 2000.
(b) For fiscal year 2000, the Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training, 1,500
student years.
(2) For flight training, 100 student years.
(3) For professional training in military and
civilian institutions, 300 student years.
(4) For officer acquisition, 1,000 student years.
(c) The Coast Guard is authorized an end-of-year
strength for active duty personnel of 36,427 as of
September 30, 2001.
(d) For fiscal year 2001, the Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training, 1,500
student years.
(2) For flight training, 100 student years.
(3) For professional training in military and
civilian institutions, 300 student years.
(4) For officer acquisition, 1,000 student years.
TITLE II - COAST GUARD PERSONNEL, FINANCIAL,
AND PROPERTY MANAGEMENT
SEC. 201. COAST GUARD ACADEMY BOARD OF TRUSTEES.
(a)(1) In General.-Section 193 of title 14, United
States Code, is amended to read as follows:
"§ 193. Board of Trustees
"(a) The Commandant of the Coast Guard may establish a
Coast Guard Academy Board of Trustees to provide advice to
the Commandant and the Superintendent on matters relating to
the operation of the Academy and its programs.
"(b) The Commandant shall appoint the members of the
Board of Trustees, which may include persons of distinction
in education and other fields related to the missions and
operation of the Academy. The Commandant shall appoint a
chairperson from among the members of the Board of Trustees.
"(c) Members of the Board of Trustees who are not
federal employees shall be allowed travel expenses while
away from their homes or regular places of business in the
performance of service for the Board of Trustees. Travel
expenses include per diem in lieu of subsistence in the same
manner as persons employed intermittently in the Government
service are allowed expenses under section 5703 of title 5.
"(d) The Federal Advisory Committee Act (5 U.S.C. App.
2) and its implementing regulations shall not apply to the
Board of Trustees established pursuant to this section.".
(2) Clerical Amendment.-The table of sections at the
beginning of Chapter 9 of title 14, United States Code, is
amended by striking the item relating to section 193, and
inserting the following:
"193. Board of Trustees.".
(b) Board of visitors.-Section 194(a) of title 14,
United States Code, is amended by striking "Advisory
Committee" and inserting "Board of Trustees".
SEC. 202. SPECIAL PAY FOR PHYSICIAN ASSISTANTS.
Section 302c(d)(1) of title 37, United States Code, is
amended by inserting "an officer in the Coast Guard or Coast
Guard Reserve designated as a physician assistant," after
"nurse,".
SEC. 203. RENEWAL OF ADVISORY GROUPS.
(a)(1) Commercial Fishing Industry Vessel Advisory
Committee.-Section 4508 of title 46, United States Code is
amended-
(A) in the heading, by inserting "Safety" after
"Vessel";
(B) in subsection (a), by inserting "Safety" after
"Vessel";
(C) in subsection (a)(1), by inserting ", through
the Commandant of the Coast Guard," after "Secretary";
(D) in subsection (a)(4), by striking "Secretary"
and inserting "Commandant";
(E) in subsection (b)(5), by striking the last
sentence;
(F) in subsection (c)(1), by inserting ", through
the Commandant," after "Committee";
(G) in subsection (c)(2), by inserting ", through
the Commandant," after "shall"; and
(H) in subsection (e)(1)-
(i) by striking "(5 U.S.C App.1 et seq.)" and
inserting "(5 U.S.C. App. 2)"; and
(ii) by striking "of September 30, 2000" and
inserting "on September 30, 2005".
(2) Clerical Amendment.-The table of sections at the
beginning of chapter 45 of title 46, United States Code, is
amended in the item relating to section 4508 by inserting
"Safety" after "Vessel".
(b) Houston-Galveston Navigation Safety Advisory
Committee.-Section 18 of the Coast Guard Authorization Act
of 1991 (Public Law 102-241)is amended-
(1) in subsection (a)(1)-
(A) in the second sentence, by inserting ",
through the Commandant of the Coast Guard," after
"'Secretary')"; and
(B) in the third sentence, by inserting ",
through the Commandant," after "Committee";
(2) in subsection (a)(2)-
(A) in the second sentence, by striking
"Secretary" and inserting "Commandant"; and
(B) by striking "(5 App. U.S.C)" and
inserting "(5 U.S.C. App. 2)"; and
(3) in subsection (h), by striking "September 30,
2000" and inserting "September 30, 2005".
(c) Lower Mississippi River Waterway Advisory
Committee.-Section 19 of the Coast Guard Authorization Act
of 1991 (Public Law 102-241) is amended-
(1) in subsection (a)(1)-
(A) in the second sentence, by inserting ",
through the Commandant of the Coast Guard," after
"'Secretary')"; and
(B) in the third sentence, by inserting ",
through the Commandant," after "Committee";
(2) in subsection (a)(2), by striking "(5 App.
U.S.C.)" and inserting "(5 U.S.C. App. 2)"; and
(3) in subsection (g), by striking "September 30,
2000" and inserting "September 30, 2005".
(d) Great Lakes Pilotage Advisory Committee.-Section
9307 of title 46, United States Code, is amended-
(1) in subsection (a)(1), by inserting ", through
the Commandant of the Coast Guard," after "Secretary";
(2) in subsection (a)(4)(A) by striking
"Secretary" and inserting "Commandant";
(3) in subsection (c)(2), by striking the last
sentence;
(4) in subsection (d)(1), by inserting ", through
the Commandant," after "Committee";
(5) in subsection (d)(2), by inserting ", through
the Commandant," after "Secretary";
(6) in subsection (f)(1)-
(A) by inserting "2" after "App."; and
(B) by striking "September 30, 2003" and
inserting "September 30, 2005"; and
(7) in subsection (f)(2), by striking "2" and
inserting "Two".
(e) Navigation Safety Advisory Council.-Section 5 of
the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073)
is amended-
(1) in subsection (b)-
(A) in the first sentence, by inserting ",
through the Commandant of the Coast Guard," after
"Secretary"; and
(B) in the third sentence, by striking
"Secretary" and inserting "Commandant"; and
(2) in subsection (d), by striking "September 30,
2000" and inserting "September 30, 2005".
(f) National Boating Safety Advisory Council.-Section
13110 of title 46, United States Code, is amended-
(1) in subsection (c), by inserting ", through the
Commandant of the Coast Guard," after "the Secretary
shall consult with the Council"; and
(2) in subsection (e), by striking "September 30,
2000" and inserting "September 30, 2005".
(g) Towing Safety Advisory Committee. - The Act to
Establish a Towing Safety Advisory Committee in the
Department of Transportation (33 U.S.C. 1231a) is amended-
(1) in subsection (b), by striking "Secretary" in
the second sentence and inserting "Commandant of
the Coast Guard";
(2) in subsection (c)-
(A) in the first sentence, by inserting
", through the Commandant," after "Secretary";
(B) in the third sentence, by inserting
", through the Commandant," after "Committee"; and
(C) in the fourth sentence, by striking
"Secretary" and inserting "Commandant"; and
(3) in subsection (e), by striking "September 30,
2000" and inserting "September 30, 2005".
SEC. 204. ADMINISTRATIVE, COLLECTION, AND ENFORCEMENT COSTS
FOR CERTAIN FEES AND CHARGES.
(a) Section 2110(d) of title 46, United States Code, is
amended by inserting the following at the end of paragraph
(2): "Costs of collecting the fee or charge include, but are
not limited to, the reasonable administrative, accounting,
personnel, contract, equipment, supply, training, and travel
expenses of calculating, assessing, collecting, enforcing,
reviewing, adjusting, and reporting on the fees and
charges.".
(b) Section 664(b) of title 14, United States Code, is
amended to read as follows:
"(b)(1) Fees and charges collected by the
Secretary under this section shall be deposited in the
general fund of the Treasury as offsetting receipts of
the department in which the Coast Guard is operating
and ascribed to Coast Guard activities. In addition to
the collection of fees and charges established under
this section, the Secretary may recover appropriate
collection and enforcement costs associated with
delinquent payments of the fees and charges.
"(2) The Secretary may employ any Federal, State,
or local agency or instrumentality, or any private
enterprise or business, to collect a fee or charge
established under this section. A private enterprise
or business selected by the Secretary to collect fees
or charges-
"(A) shall be subject to reasonable
terms and conditions agreed to by the Secretary
and the enterprise or business;
"(B) shall provide appropriate
accounting to the Secretary; and
"(C) may not institute litigation as
part of that collection.
"(3) A Federal agency shall account for the
agency's costs of collecting the fee or charge as a
reimbursable expense, and the costs shall be credited
to the account from which expended. Costs of
collecting the fee or charge include, but are not
limited to, the reasonable administrative, accounting,
personnel, contract, equipment, supply, training, and
travel expenses of calculating, assessing, collecting,
enforcing, reviewing, adjusting, and reporting on the
fees and charges.".
SEC. 205. SUSPENSION OF RETIRED PAY OF COAST GUARD MEMBERS
WHO ARE ABSENT FROM THE UNITED STATES TO AVOID
PROSECUTION.
Procedures promulgated by the Secretary of Defense
under section 633(a) of the National Defense Authorization
Act for Fiscal Year 1997 (Pub. L. 104-201) 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 section 633.
TITLE III - MARINE SAFETY AND ENVIRONMENTAL PROTECTION
SEC. 301. LIMITED LIABILITY COMPANIES AS CITIZENS OF THE
UNITED STATES.
Section 12102(a) of title 46, United States Code, is
amended-
(1) by inserting a new paragraph (5) to read as
follows:
"(5) a limited liability company organized under the
laws
of a State --
(A) all of whose members are citizens of the
United
States; and
(B) the management of which is wholly controlled
by
citizens of the United States;"; and
(2) by redesignating paragraphs "(5)" and "(6)" as
"(6)" and "(7)", respectively.
SEC. 302. PENALTIES FOR NEGLIGENT OPERATIONS AND
INTERFERING WITH SAFE OPERATION.
Section 2302(a) of title 46, United States Code, is
amended by striking "$1,000" and inserting "$25,000".
SEC. 303. TEMPORARY CERTIFICATES OF DOCUMENTATION FOR
RECREATIONAL VESSELS.
(a) Section 12103(a) of title 46, United States Code,
is amended by inserting ", or a temporary certificate of
documentation," after "certificate of documentation".
(b)(1) Chapter 121 of title 46, United States Code, is
amended by adding a new section 12103a, as follows:
"§ 12103a. Issuance of temporary certificate of
documentation by third parties
"(a) The Secretary may delegate, subject to the
supervision and control of the Secretary and under terms set
out by regulation, to private entities determined and
certified by the Secretary to be qualified, the authority to
issue a temporary certificate of documentation for a
recreational vessel, if the applicant for the certificate of
documentation meets the requirements set out in sections
12102 and 12103 of this chapter.
"(b) A temporary certificate of documentation issued
under section 12103(a) and subsection (a) of this section is
valid for up to 30 days from issuance.".
(2) The table of sections at the beginning of Chapter
121 of title 46, United States Code, is amended by inserting
after the item relating to section 12103 the following:
"12103a. Issuance of temporary certificate of documentation
by third
parties.".
SEC. 304. TEMPORARY MERCHANT MARINER LICENSES,
CERTIFICATES, AND DOCUMENTS.
(a) Section 7101(b)(1) of title 46, United States Code,
is amended by inserting ", including temporary licenses and
certificates of registry" after "certificates of registry".
(b) Section 7106 of title 46, United States Code, is
amended-
(1) by inserting at the beginning "(a) Except as
provided in subsection (b),"; and
(2) by adding a subsection (b) to read as follows:
"(b) A temporary license issued prior to the completion
of all statutorily mandated background checks necessary to
comply with the application process under Part E of this
subtitle is valid for up to 60 days or until issuance of the
five year license and may not be renewed.".
(c) Section 7107 of title 46, United States Code, is
amended-
(1) by inserting at the beginning "(a) Except as
provided in subsection (b) of this section,"; and
(2) by adding a new subsection (b) to read as
follows:
"(b) A temporary certificate of registry issued prior
to the completion of all statutorily mandated
background checks necessary to comply with the
application process under Part E of this subtitle is
valid for up to 60 days or until issuance of the five
year certificate of registry and may not be renewed.".
(d) Section 7302 of title 46, United States Code, is
amended-
(1) in subsection (a)-
(A) by inserting "(1)" after "(a)"; and
(B) by adding a new paragraph (2) to read as
follows:
"(2) The Secretary may issue a temporary merchant
mariner's document prior to the completion of background
checks necessary to verify an applicant's qualifications
under Part E of this subtitle."; and
(2) in subsection (f), by adding at the end "A
temporary merchant mariner's document issued prior to
completion of all statutorily mandated background
checks necessary to comply with the application process
under this section is valid for up to 60 days or until
issuance of the five year document and may not be
renewed.".
SEC. 305. MERCHANT MARINER DOCUMENT REQUIREMENTS.
Section 8701(a) of title 46, United States Code, is
amended-
(1) by striking "and" at the end of paragraph (8);
(2) by inserting after paragraph (8) a new
paragraph (9) to read as follows:
"(9) a passenger vessel not engaged in a foreign voyage
with respect to individuals on board employed as gaming
personnel, entertainment personnel, wait staff, or other
service personnel, with no duties, including emergency
duties, related to the navigation of the vessel or the
safety of the vessel, its crew, cargo, or passengers; and";
and
(3) by redesignating paragraph (9) as paragraph
(10).
SEC. 306. REMOVAL OF ABANDONED BARGES.
(a) Section 4704(a) of title 46, United States Code is
amended-
(1) by inserting a new paragraph (1) to read as
follows:
"(1) The Secretary may remove an abandoned barge-
"(A) that is discharging or presents a substantial
threat of a discharge of oil or a hazardous substance
under section 311(c)(1) of the Federal Water Pollution
Control Act, and
"(B) for which the Federal On-Scene Coordinator
has made a determination that removal of the barge is
necessary to eliminate the discharge or substantial
threat of a discharge of oil or a hazardous
substance.";
(2) by redesignating paragraph (1) as paragraph
(2);
(3) in paragraph (2) (as so redesignated), by
striking "The Secretary may remove a barge that is
abandoned after complying" and inserting "Before
removing the abandoned barge under paragraph (1), the
Secretary shall comply"; and
(4) by redesignating paragraph (2) as paragraph
(3).
(b)(1) Section 4703 is amended by striking "section
4704(a)(1)" and inserting in its place "section 4704(a)(2)".
(2) Section 4704(c)(1) is amended by striking
"subsection (a)(1)" and inserting in its place "subsection
(a)(2)".
(3) Section 4704(c)(3) is amended by striking
"subsection (a)(1)" and inserting in its place "subsection
(a)(2)".
SEC. 307. MANNING REQUIREMENTS OF BARGES.
(a) Section 12110(d) of title 46, United States Code,
is amended by inserting "or an unmanned barge" after
"recreational endorsement".
(b) Section 12122(b)(6) of title 46, United States
Code, is amended by inserting "or an unmanned barge" after
"recreational endorsement".
TITLE IV -FEES FOR NAVIGATION SERVICES
SEC. 401. NAVIGATION SERVICES FEE.
Section 2110 of title 46, United States Code, (46
U.S.C. 2110) is amended -
(1) by amending subsection (b) to read as follows:
"(b)(1) Commencing in fiscal year 2001, the Secretary
is authorized to establish, adjust, assess, and collect
annual fees or charges to recover the costs of navigation
services provided to commercial vessels by the Coast Guard.
The fees or charges shall be collected from the owner or
operator of each commercial vessel that is operated on the
navigable waters of the United States.
"(2) Fees authorized under this subsection shall be
collected and available for authorization only to the extent
and in the amount provided in advance in appropriations
acts. Such fees are authorized to be appropriated to remain
available until expended. From amounts collected pursuant
to paragraph (1), there are authorized to be appropriated to
the Department in which the Coast Guard is operating, and
ascribed to the Coast Guard, such sums as may be necessary
for fiscal year 2001 and for each fiscal year thereafter.
"(3) Fees authorized under this subsection -
(A) May vary or be allocated to reflect the costs
of navigation services provided to different
classifications of commercial vessels or vessel owners
or operators, taking into account factors such as the
type of navigation services made available; type, size,
and capacity of the vessel; type and amount of cargo
carried; nature of ownership or operation; type of port
or region; economic efficiency; fair distribution of
common costs; and other factors the Secretary considers
appropriate. The total of fees or charges imposed shall
not exceed the total costs of navigation services used
or usable by all vessel classifications combined,
including the costs of administering, collecting, and
enforcing the fee;
"(B) May be waived or reduced by the Secretary, if
in the public interest; and
"(C) Shall be subject to the limitations
prescribed in paragraphs (3) through (5) of subsection
(a) of this section.
"(4) Notwithstanding section 553(b) and (c) of the
Administrative Procedure Act, the Secretary shall prescribe
by interim final rule an initial schedule of fees and the
procedures for payment and collection, which shall be
effective without the necessity for consideration of
comments received. However, public comment on the interim
final rule shall be sought and considered before a final
rule is promulgated.
"(5) In this subsection-
"(A) 'commercial vessel' means a vessel used in
transporting goods or individuals by water for
compensation or hire or in the business of the owner,
lessee, or operator of the vessel, but does not include
a public vessel, a vessel deemed to be a public vessel
under section 827 of title 14, a recreational vessel, a
ferry, or a fishing vessel.
"(B) 'navigation services' means activities and
facilities used to make available or provide placement
and maintenance of buoys and other short range aids to
navigation, vessel traffic services, radio and
satellite navigation systems, waterways regulation, or
other services that facilitate navigation of commercial
vessels, as determined by the Secretary. ";
(2) by amending subsection (e) after "violation" by
adding ", except that in the case of a fee or charge
established under subsection (b) of this section, the civil
penalty shall be not less than twice the amount of the fee
or charge due under subsection (b)";
(3) by amending subsection (h) after "section" by
adding "(except those collected pursuant to subsection
(b)(1) of this section)"; and
(4) by amending subsection (k) after the first sentence
by inserting "This subsection does not apply to a regulation
that would promulgate a user fee specifically authorized by
law after November 13, 1998.".
SEC. 402 EFFECTIVE DATE.
No fee shall be collected under this title until 30
days after the effective date of interim final regulations
promulgated pursuant to this title.