Coast Guard Authorization Act for Fiscal Years 1998 and 1999

Summary: TABLE OF CONTENTS: 
     Title I:  Authorizations 
     Title II:  Personnel Management 
     Title III:  Financial and Property Management 
     Title IV:  Reports and Investigations 
     Title V:  Marine Safety and Environmental Protection 
Coast Guard Authorization Act for Fiscal Years 1998 and 1999 - 
Title I:  Authorizations
 - Authorizes appropriations for the Coast Guard for:  (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, testing, and evaluation; (4) retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; and (5) environmental compliance and restoration at Coast Guard facilities. 
(Sec. 102) Authorizes Coast Guard end-of-year strength and military training student loads. 
Title II:  Personnel Management
 - Amends Federal law relating to the Coast Guard to remove the dollar limit on severance pay for regular warrant officers. 
(Sec. 202) Authorizes the Coast Guard Commandant to:  (1) obtain research on personnel resource and training needs; and (2) employ special programs for recruiting minorities, including using grants, cooperative agreements, and contracts.  Terminates those authorities on a specified date. 
Title III:  Financial and Property Management
 - Authorizes the Commandant to rent or lease commercial vehicles to transport the next of kin of eligible retired Coast Guard military personnel to attend funeral services of the service member at a national cemetery. 
(Sec. 302) Authorizes the use of up to $25,000 to provide economic adjustment assistance for the City of Novato, California, for the cost of revising the Hamilton Reuse Planning Authority's reuse plan as a result of the Coast Guard's request for housing at Hamilton Air Force Base (or to reimburse the Department of Defense for providing that assistance). 
(Sec. 303) Requires, when the Coast Guard supply fund is reduced to delete items stocked, that the existing capital of the fund be reduced by the value of the materials transferred to other Coast Guard accounts. 
(Sec. 304) Authorizes honorary recognition of individuals and organizations that significantly contribute to Coast Guard programs, missions, or operations, including State and local governments and commercial and nonprofit organizations.  Allows payment for plaques, medals, and similar items. 
Title IV:  Reports and Investigations
 - Removes provisions requiring that reports be made public. 
(Sec. 402) Amends the Oil Pollution Act of 1990 to remove a requirement of a biennial report to the Congress. 
Title V:  Marine Safety and Environmental Protection
 - Amends the Ports and Waterways Safety Act and Federal law relating to vessels and seamen to define "navigable waters of the United States" to include all waters of the U.S. territorial sea as described in a specified Presidential Proclamation.  Makes changes relating to U.S.  navigable waters in provisions relating to the operation of vessels, uninspected vessel safety equipment, recreational vessels, uninspected commercial fishing industry vessels, and vessel pilots.  Amends the Act of June 15, 1917 (relating to foreign relations, neutrality, foreign commerce, espionage, and enforcement of criminal laws) to define "navigable waters of the United States" to include all waters of the U.S. territorial sea as described in a specified Presidential Proclamation. 
(Sec. 502) Amends Federal law relating to vessels and seamen to revise the bases for suspension or revocation of a license, certificate of registry, or merchant mariner's document.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act for 
Fiscal Years 1998 and 1999''.

                        TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Funds are authorized to be appropriated for necessary expenses 
of the Coast Guard for fiscal year 1998, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,740,000,000, 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, $379,000,000, 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, $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, $645,696,000.
            (5) For environmental compliance and restoration at Coast 
        Guard facilities functions (other than parts and equipment 
        associated with operations and maintenance), $21,000,000, to 
        remain available until expended.
    (b) Funds are authorized to be appropriated for necessary expenses 
of the Coast Guard for fiscal year 1999, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,740,000,000, 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, $379,000,000, 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, $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, $675,568,000.
            (5) For environmental compliance and restoration at Coast 
        Guard facilities functions (other than parts and equipment 
        associated with operations and maintenance), $21,000,000, 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 37,660 as of September 30, 1998.
    (b) For fiscal year 1998, the Coast Guard is authorized average 
military training student loads as follows:
            (1) For recruit and special training, 1,368 student years.
            (2) For flight training, 98 student years.
            (3) For professional training in military and civilian 
        institutions, 283 student years.
            (4) For officer acquisition, 797 student years.
    (c) The Coast Guard is authorized an end-of-year strength for 
active duty personnel of such numbers as may be necessary as of 
September 30, 1999.
    (d) For fiscal year 1999, the Coast Guard is authorized average 
military training student loads as follows:
            (1) For recruit and special training, such student years as 
        may be necessary
            (2) For flight training, such student years as may be 
        necessary.
            (3) For professional training in military and civilian 
        institutions, such student years as may be necessary.
            (4) For officer acquisition, such student years as may be 
        necessary.

                     TITLE II--PERSONNEL MANAGEMENT

SEC. 201. REMOVE CAP ON WARRANT OFFICER SEVERANCE PAY.

    Section 286a(d) of title 14, United States Code, is amended by 
striking the last sentence.

SEC. 202. SPECIAL RECRUITING AUTHORITY.

    (a) Section 93 of title 14, United States Code, is amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (u);
            (2) by striking the period at the end of paragraph (v) and 
        inserting a semicolon and the word ``and''; and
            (3) by adding at the end the following:
            ``(w) for the purposes of rectifying under representation 
        of minorities in the Coast Guard where it exists and to meet 
        identified personnel resource requirements and training needs--
            ``(1) obtain research on Coast Guard personnel resource and 
        training needs; and
            ``(2) employ special programs for recruiting minorities, 
        including, subject to appropriations, the provision of 
        financial assistance by grant, cooperative agreement, contract, 
        or otherwise, to public or private associations, organizations, 
        or individuals (including academic scholarships for 
        individuals), to meet identified personnel resource 
        requirements.''.
    (b) The special recruiting authority provided in this section shall 
expire on December 31, 2002. Prior to any extension of this authority 
beyond December 31, 2002, the Secretary shall submit a report to 
Congress providing information on the funds expended for programs under 
this authority and the effectiveness of those programs in increasing 
the representation of minorities in the Coast Guard.

              TITLE III--FINANCIAL AND PROPERTY MANAGEMENT

SEC. 301. USE OF APPROPRIATED FUNDS FOR COMMERCIAL VEHICLES AT MILITARY 
              FUNERALS.

    Section 93 of title 14, United States Code, as amended by section 
202 of this Act, is further amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (v);
            (2) by striking the period at the end of paragraph (w) and 
        inserting ''; and''; and
            (3) by adding at the end the following new paragraph:
            ``(x) rent or lease, under such terms and conditions as are 
        deemed advisable, commercial vehicles to transport the next of 
        kin of eligible retired Coast Guard military personnel to 
        attend funeral services of the service member at a national 
        cemetary.''.

SEC. 302. AUTHORITY TO REIMBURSE NOVATO, CALIFORNIA, REUSE COMMISSION.

    The Commandant may use up to $25,000 to provide economic adjustment 
assistance for the City of Novato, California, for the cost of revising 
the Hamilton Reuse Planning Authority's reuse plan as a result of the 
Coast Guard's request for housing at Hamilton Air Force Base. If the 
Department of Defense provides such economic adjustment assistance to 
the City of Novato on behalf of the Coast Guard, the Coast Guard may 
use funds to reimburse the Department of Defense.

SEC. 303. ELIMINATE SUPPLY FUND REIMBURSEMENT REQUIREMENT.

    Subsection 650(a) of title 14, United States Code, is amended by 
striking ``The fund shall be credited with the value of materials 
consumed, issued for use, sold, or otherwise disposed of, such values 
to be determined on a basis that will approximately cover the cost 
thereof.'' and inserting ``In these regulations, whenever the fund is 
reduced to delete items stocked, the Secretary shall reduce the 
existing capital of the fund by the value of the materials transferred 
to other Coast Guard accounts. Except for the materials so transferred, 
the fund shall be credited with the value of materials consumed, issued 
for use, sold, or otherwise disposed of, such values to be determined 
on a basis that will approximately cover the cost thereof.''.

SEC. 304. AUTHORITY TO IMPLEMENT AND FUND CERTAIN AWARDS PROGRAMS.

    (a) Section 93 of title 14, United States Code, as amended by 
sections 202 and 301 of this Act, is further amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (w);
            (2) by striking the period at the end of paragraph (x) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(y) provide for the honorary recognition of individuals 
        and organizations that significantly contribute to Coast Guard 
        programs, missions or operations, including but not limited to 
        state and local governments and commercial and nonprofit 
        organizations, and pay for, using any appropriations or funds 
        available to the Coast Guard, plaques, medals, trophies, 
        badges, and similar items to acknowledge such contribution 
        (including reasonable expenses of ceremony and 
        presentation).''.

                  TITLE IV--REPORTS AND INVESTIGATIONS

SEC. 401. PROTECT MARINE CASUALTY INVESTIGATIONS FROM MANDATORY 
              RELEASE.

    Section 6305 of title 46, United States Code, is amended:
            (1) by striking ``(a)''; and
            (2) by striking subsection (b) in its entirety.

SEC. 402. ELIMINATE BIENNIAL RESEARCH AND DEVELOPMENT REPORT.

    Section 7001 of the Oil Pollution Act of 1990 (Public Law 101-380; 
104 Stat. 559) is amended by striking all of subsection (e) and by 
redesignating subsection (f) as subsection (e).

          TITLE V--MARINE SAFETY AND ENVIRONMENTAL PROTECTION

SEC. 501. EXTENSION OF TERRITORIAL SEA FOR CERTAIN LAWS.

    (a) Section 102 of the Ports and Waterways Safety Act (Public Law 
92-340; 33 U.S.C. 1222) is amended by adding at the end the following:
            ``(5) `Navigable waters of the United States' includes all 
        waters of the territorial sea of the United States as described 
        in Presidential Proclamation 5928 of December 27, 1988.''.
    (b) Subtitle II of title 46, United States Code, is amended as 
follows:
            (1) In section 2101--
                    (A) by redesignating paragraph (17a) as paragraph 
                (17b); and
                    (B) by inserting after paragraph (17) the 
                following:
            ``(17a) `navigable waters of the United States' includes 
        all waters of the territorial sea of the United States as 
        described in Presidential Proclamation 5928 of December 27, 
        1988.''.
            (2) In section 2301, by inserting ``(including the 
        territorial sea of the United States as described in 
        Presidential Proclamation 5928 of December 27, 1988,)'' after 
        ``of the United States''.
            (3) In section 4102(e), by striking ``on the high seas'' 
        and inserting ``beyond 3 nautical miles from the baselines from 
        which the territorial sea of the United States is measured''.
            (4) In section 4301(a), by inserting ``(including the 
        territorial sea of the United States as described in 
        Presidential Proclamation 5928 of December 27, 1988)'' after 
        ``of the United States''.
            (5) In section 4502(a)(7), by striking ``on vessels that 
        operate on the high seas'' and inserting ``beyond 3 nautical 
        miles from the baselines from which the territorial sea of the 
        United States is measured''.
            (6) In section 4506(b), by striking paragraph (2) and 
        inserting the following:
            ``(2) is operating--
                    ``(A) in internal waters of the United States, or
                    ``(B) within 3 nautical miles from the baselines 
                from which the territorial sea of the United States is 
                measured.''.
            (7) In section 8502(a)(3), by striking ``not on the high 
        seas'' and inserting: ``not beyond 3 nautical miles from the 
        baselines from which the territorial sea of the United States 
        is measured''.
            (8) In section 8503(a)(2), by striking paragraph (2) and 
        inserting the following:
            ``(2) is operating--
                    ``(A) in internal waters of the United States, or
                    ``(B) within 3 nautical miles from the baselines 
                from which the territorial sea of the United States is 
                measured.''.
    (c) Section 1 of title XIII of the Act of June 15, 1917 (50 U.S.C. 
195), is amended--
            (1) by inserting ``(a)'' before ``The term'', and
            (2) by adding at the end the following:
    ``(b) As used in this Act, the term `territorial waters of the 
United States' includes all waters of the territorial sea of the United 
States as described in Presidential Proclamation 5928 of December 27, 
1988.''.

SEC. 502. MANDATORY SUSPENSION AND REVOCATION FOR MERCHANT MARINER 
              LICENSES.

    (a) Section 7703 of title 46, United States Code, is amended by 
adding a new subsection (b) to read as follows:
    ``(b) Notwithstanding section 7702(a) of this title, the Secretary 
shall suspend or revoke, as determined under guidelines established by 
regulation, a license, certificate of registry, or merchant mariner's 
document of the holder--
            ``(1) has had one or more charges initiated under 
        subsection (a)(1) (A) or (B) of this section, found proved in 
        two or more hearings under this chapter; or
            ``(2) has accumulated one or more convictions of offenses 
        under subsection (a) (2) or (3) of this section.''.
    (b) Section 7703 of title 46, United States Code, is amended by 
inserting ``(a)'' at the beginning of the section.