II

★(Star Print)

Calendar No. 567

106TH CONGRESS

2D SESSION S. 1089

[Report No. 106–300]

To authorize appropriations for fiscal years 2000 and 2001 for the United

States Coast Guard, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 20, 1999

Ms. SNOWE (for herself, Mr. MCCAIN, Mr. HOLLINGS, Mr. KERRY, Mr.

BREAUX, and Mr. INOUYE) introduced the following bill; which was read

twice and referred to the Committee on Commerce, Science, and Transportation

MAY 23, 2000

Reported by Mr. MCCAIN, with an amendment

[Strike all after the enacting clause and insert the part printed in italic]

A BILL

To authorize appropriations for fiscal years 2000 and 2001

for the United States Coast Guard, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Coast Guard Author5 ization Act of 1999’’.
2

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1 TITLE I—AUTHORIZATION

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

3 (a) AUTHORIZATION FOR FISCAL YEAR 2000.—

4 Funds are authorized to be appropriated for necessary ex5 penses of the Coast Guard for fiscal year 2000, as follows:

6 (1) For the operation and maintenance of the

7 Coast Guard, $2,941,039,000, of which

8 $334,000,000 shall be available for defense-related

9 activities and of which $25,000,000 shall be derived

10 from the Oil Spill Liability Trust Fund.

11 (2) For the acquisition, construction, rebuild12 ing, and improvement of aids to navigation, shore

13 and offshore facilities, vessels, and aircraft, includ14 ing equipment related thereto, $350,326,000, to re15 main available until expended, of which $20,000,000

16 shall be derived from the Oil Spill Liability Trust

17 Fund to carry out the purposes of section

18 1012(a)(5) of the Oil Pollution Act of 1990.

19 (3) For research, development, test, and evalua20 tion of technologies, materials, and human factors

21 directly relating to improving the performance of the

22 Coast Guard’s mission in support of search and res23 cue, aids to navigation, marine safety, marine envi24 ronmental protection, enforcement of laws and trea25 ties, ice operations, oceanographic research, and de-
3

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1 fense readiness, $21,709,000, to remain available

2 until expended, of which $3,500,000 shall be derived

3 from the Oil Spill Liability Trust Fund.

4 (4) For retired pay (including the payment of

5 obligations otherwise chargeable to lapsed appropria6 tions for this purpose), payments under the Retired

7 Serviceman’s Family Protection and Survivor Ben8 efit Plans, and payments for medical care of retired

9 personnel and their dependents under chapter 55 of

10 title 10, United States Code, such sums as may be

11 necessary, to remain available until expended.

12 (5) For environmental compliance and restora13 tion at Coast Guard facilities (other than parts and

14 equipment associated with operations and mainte15 nance), $19,500,000, to remain available until ex16 pended.

17 (6) For alteration or removal of bridges over

18 navigable waters of the United States constituting

19 obstructions to navigation, and for personnel and

20 administrative costs associated with the Bridge Al21 teration Program, $26,000,000, to remain available

22 until expended.

23 (b) AUTHORIZATION FOR FISCAL YEAR 2001.—

24 Funds are authorized to be appropriated for necessary ex25 penses of the Coast Guard for fiscal year 2001, as follows:
4

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1 (1) For the operation and maintenance of the

2 Coast Guard, $2,941,039,000, of which $25,000,000

3 shall be derived from the Oil Spill Liability Trust

4 Fund.

5 (2) For the acquisition, construction, rebuild6 ing, and improvement of aids to navigation, shore

7 and offshore facilities, vessels, and aircraft, includ8 ing equipment related thereto, $350,326,000, to re9 main available until expended, of which $20,000,000

10 shall be derived from the Oil Spill Liability Trust

11 Fund to carry out the purposes of section

12 1012(a)(5) of the Oil Pollution Act of 1990.

13 (3) For research, development, test, and evalua14 tion of technologies, materials, and human factors

15 directly relating to improving the performance of the

16 Coast Guard’s mission in support of search and res17 cue, aids to navigation, marine safety, marine envi18 ronmental protection, enforcement of laws and trea19 ties, ice operations, oceanographic research, and de20 fense readiness, $21,709,000, to remain available

21 until expended, of which $3,500,000 shall be derived

22 from the Oil Spill Liability Trust Fund.

23 (4) For retired pay (including the payment of

24 obligations otherwise chargeable to lapsed appropria25 tions for this purpose), payments under the Retired
5

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1 Serviceman’s Family Protection and Survivor Ben2 efit Plans, and payments for medical care of retired

3 personnel and their dependents under chapter 55 of

4 title 10, United States Code, such sums as may be

5 necessary, to remain available until expended.

6 (5) For environmental compliance and restora7 tion at Coast Guard facilities (other than parts and

8 equipment associated with operations and mainte9 nance), $19,500,000, to remain available until ex10 pended.

11 (6) For alteration or removal of bridges over

12 navigable waters of the United States constituting

13 obstructions to navigation, and for personnel and

14 administrative costs associated with the Bridge Al15 teration Program, $26,000,000, to remain available

16 until expended.

17 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

18 AND TRAINING.

19 (a) END-OF-YEAR STRENGTH FOR FISCAL YEAR

20 2000.—The Coast Guard is authorized an end-of-year

21 strength for active duty personnel of 36,350 as of Sep22 tember 30, 2000.

23 (b) TRAINING STUDENT LOADS FOR FISCAL YEAR

24 2000.—For fiscal year 2000, the Coast Guard is author25 ized average military training student loads as follows:
6

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1 (1) For recruit and special training, 1,500 stu2 dent years.

3 (2) For flight training, 100 student years.

4 (3) For professional training in military and ci5 vilian institutions, 300 student years.

6 (4) For officer acquisition, 1,000 student years.

7 (c) END-OF-YEAR STRENGTH FOR FISCAL YEAR

8 2001.—The Coast Guard is authorized an end-of-year

9 strength for active duty personnel of 36,350 as of Sep10 tember 30, 2001.

11 (d) TRAINING STUDENT LOADS FOR FISCAL YEAR

12 2001.—For fiscal year 2001, the Coast Guard is author13 ized average military training student loads as follows:

14 (1) For recruit and special training, 1,500 stu15 dent years.

16 (2) For flight training, 100 student years.

17 (3) For professional training in military and ci18 vilian institutions, 300 student years.

19 (4) For officer acquisition, 1,000 student years.

20 TITLE II—PERSONNEL

21 MANAGEMENT

22 SEC. 201. COAST GUARD BAND DIRECTOR RANK.

23 Section 336(d) of title 14, United States Code, is

24 amended by striking ‘‘commander’’ and inserting ‘‘cap25 tain’’.
7

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1 SEC. 202. COAST GUARD RESERVE SPECIAL PAY.

2 Section 308d(a) of title 37, United States Code, is

3 amended by inserting ‘‘or the Secretary of the Department

4 in which the Coast Guard is operating’’ after ‘‘Secretary

5 of Defense’’.

6 SEC. 203. COAST GUARD MEMBERSHIP ON THE USO BOARD

7 OF GOVERNORS.

8 Section 1305(b) of title 36, United States Code, is

9 amended by redesignating paragraph (3) as paragraph (4)

10 and inserting after paragraph (2) the following:

11 ‘‘(3) The Secretary of Transportation, or the

12 Secretary’s designee, when the Coast Guard is not

13 operating under the Department of the Navy.’’.

14 SEC. 204. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

15 (a) IN GENERAL.—Section 511 of title 14, United

16 States Code, is amended to read as follows:

17 ‘‘SEC. 511. COMPENSATORY ABSENCE FROM DUTY FOR

18 MILITARY PERSONNEL AT ISOLATED DUTY

19 STATIONS

20 ‘‘The Secretary may prescribe regulations to grant

21 compensatory absence from duty to military personnel of

22 the Coast Guard serving at isolated duty stations of the

23 Coast Guard when conditions of duty result in confine24 ment because of isolation or in long periods of continuous

25 duty.’’.
8

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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 13 of title 14, United States

3 Code, is amended to read as follows:

‘‘511. Compensatory absence from duty for military personnel at

isolated duty stations.’’.

4 SEC. 205. ACCELERATED PROMOTION OF CERTAIN COAST

5 GUARD OFFICERS.

6 Title 14, United States Code, is amended—

7 (1) in section 259, by adding at the end a new

8 subsection (c) to read as follows:

9 ‘‘(c) After selecting the officers to be recommended

10 for promotion, a selection board may recommend officers

11 of particular merit, from among those officers chosen for

12 promotion, to be placed at the top of the list of selectees

13 promulgated by the Secretary under section 271(a) of this

14 title. The number of officers that a board may recommend

15 to be placed at the top of the list of selectees may not

16 exceed the percentages set forth in subsection (b) unless

17 such a percentage is a number less than one, in which

18 case the board may recommend one officer for such place19 ment. No officer may be recommended to be placed at the

20 top of the list of selectees unless he or she receives the

21 recommendation of at least a majority of the members of

22 a board composed of five members, or at least two-thirds

23 of the members of a board composed of more than five

24 members.’’;
9

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1 (2) in section 260(a), by inserting ‘‘and the

2 names of those officers recommended to be advanced

3 to the top of the list of selectees established by the

4 Secretary under section 271(a) of this title’’ after

5 ‘‘promotion’’; and

6 (3) in section 271(a), by inserting at the end

7 thereof the following: ‘‘The names of all officers ap8 proved by the President and recommended by the

9 board to be placed at the top of the list of selectees

10 shall be placed at the top of the list of selectees in

11 the order of seniority on the active duty promotion

12 list.’’.

13 TITLE III—MARINE SAFETY

14 SEC. 301. EXTENSION OF TERRITORIAL SEA FOR VESSEL

15 BRIDGE-TO-BRIDGE RADIOTELEPHONE ACT.

16 Section 4(b) of the Vessel Bridge-to-Bridge Radio17 telephone Act (33 U.S.C. 1203(b)), is amended by striking

18 ‘‘United States inside the lines established pursuant to

19 section 2 of the Act of February 19, 1895 (28 Stat. 672),

20 as amended.’’ and inserting ‘‘United States, which in21 cludes all waters of the territorial sea of the United States

22 as described in Presidential Proclamation 5928 of Decem23 ber 27, 1988.’’.
10

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1 SEC. 302. REPORT ON ICEBREAKING SERVICES.

2 (a) REPORT.—Not later than 9 months after the date

3 of enactment of this Act, the Commandant of the Coast

4 Guard shall submit to the Committee on Commerce,

5 Science, and Transportation of the Senate, and the Com6 mittee on Transportation and Infrastructure of the House,

7 a report on the use of WYTL-class harbor tugs. The re8 port shall include an analysis of the use of such vessels

9 to perform icebreaking services; the degree to which, if

10 any, the decommissioning of each such vessel would result

11 in a degradation of current icebreaking services; and in

12 the event that the decommissioning of any such vessel

13 would result in a significant degradation of icebreaking

14 services, recommendations to remediate such degradation.

15 (b) 9-MONTH WAITING PERIOD.—The Commandant

16 of the Coast Guard shall not plan, implement or finalize

17 any regulation or take any other action which would result

18 in the decommissioning of any WYTL-class harbor tugs

19 until 9 months after the date of the submission of the re20 port required by subsection (a) of this section.

21 SEC. 303. OIL SPILL LIABILITY TRUST FUND ANNUAL RE22 PORT.

23 (a) IN GENERAL.—The report regarding the Oil Spill

24 Liability Trust Fund required by the Conference Report

25 (House Report 101–892) accompanying the Department

26 of Transportation and Related Agencies Appropriations
11

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1 Act, 1991, as that requirement was amended by section

2 1122 of the Federal Reports Elimination and Sunset Act

3 of 1995 (26 U.S.C. 9509 note), shall no longer be sub4 mitted to Congress.

5 (b) REPEAL.—Section 1122 of the Federal Reports

6 Elimination and Sunset Act of 1995 (26 U.S.C. 9509

7 note) is amended by—

8 (1) striking subsection (a); and

9 (2) striking ‘‘(b) REPORT ON JOINT FEDERAL

10 AND STATE MOTOR FUEL TAX COMPLIANCE

11 PROJECT.—’’.

12 SEC. 304. OIL SPILL LIABILITY TRUST FUND; EMERGENCY

13 FUND BORROWING AUTHORITY.

14 Section 6002(b) of the Oil Pollution Act of 1990 (33

15 U.S.C. 2752(b)) is amended after the first sentence by

16 inserting ‘‘To the extent that such amount is not adequate

17 for removal of a discharge or the mitigation or prevention

18 of a substantial threat of a discharge, the Coast Guard

19 may borrow from the Fund such sums as may be nec20 essary, up to a maximum of $100,000,000, and within 30

21 days shall notify Congress of the amount borrowed and

22 the facts and circumstances necessitating the loan.

23 Amounts borrowed shall be repaid to the Fund when, and

24 to the extent that removal costs are recovered by the Coast
12

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1 Guard from responsible parties for the discharge or sub2 stantial threat of discharge.’’.

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Coast Guard Authoriza5 tion Act of 2000’’.

6 TITLE I—AUTHORIZATION

7 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

8 (a) AUTHORIZATION FOR FISCAL YEAR 2000.—Funds

9 are authorized to be appropriated for necessary expenses of

10 the Coast Guard for fiscal year 2000, as follows:

11 (1) For the operation and maintenance of the

12 Coast Guard, $2,781,000,000, of which $300,000,000

13 shall be available for defense-related activities and of

14 which $25,000,000 shall be derived from the Oil Spill

15 Liability Trust Fund.

16 (2) For the acquisition, construction, rebuilding,

17 and improvement of aids to navigation, shore and off18 shore facilities, vessels, and aircraft, including equip19 ment related thereto, $389,326,000, to remain avail20 able until expended, of which $20,000,000 shall be de21 rived from the Oil Spill Liability Trust Fund to

22 carry out the purposes of section 1012(a)(5) of the Oil

23 Pollution Act of 1990.

24 (3) For research, development, test, and evalua25 tion of technologies, materials, and human factors di-
13

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1 rectly relating to improving the performance of the

2 Coast Guard’s mission in support of search and res3 cue, aids to navigation, marine safety, marine envi4 ronmental protection, enforcement of laws and trea5 ties, ice operations, oceanographic research, and de6 fense readiness, $19,000,000, to remain available

7 until expended, of which $3,500,000 shall be derived

8 from the Oil Spill Liability Trust Fund.

9 (4) For retired pay (including the payment of

10 obligations otherwise chargeable to lapsed appropria11 tions for this purpose), payments under the Retired

12 Serviceman’s Family Protection and Survivor Benefit

13 Plans, and payments for medical care of retired per14 sonnel and their dependents under chapter 55 of title

15 10, United States Code, such sums as may be nec16 essary, to remain available until expended.

17 (5) For environmental compliance and restora18 tion at Coast Guard facilities (other than parts and

19 equipment associated with operations and mainte20 nance), $17,000,000, to remain available until ex21 pended.

22 (6) For alteration or removal of bridges over

23 navigable waters of the United States constituting ob24 structions to navigation, and for personnel and ad25 ministrative costs associated with the Bridge Alter-
14

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1 ation Program, $15,000,000, to remain available

2 until expended.

3 (b) AUTHORIZATION FOR FISCAL YEAR 2001.—Funds

4 are authorized to be appropriated for necessary expenses of

5 the Coast Guard for fiscal year 2001, as follows:

6 (1) For the operation and maintenance of the

7 Coast Guard, $3,199,000,000, of which $25,000,000

8 shall be derived from the Oil Spill Liability Trust

9 Fund.

10 (2) For the acquisition, construction, rebuilding,

11 and improvement of aids to navigation, shore and off12 shore facilities, vessels, and aircraft, including equip13 ment related thereto, $520,000,000, to remain avail14 able until expended, of which $20,000,000 shall be de15 rived from the Oil Spill Liability Trust Fund to

16 carry out the purposes of section 1012(a)(5) of the Oil

17 Pollution Act of 1990, and of which $110,000,000

18 shall be available for the construction and acquisition

19 of a replacement vessel for the Coast Guard Cutter

20 MACKINAW.

21 (3) For research, development, test, and evalua22 tion of technologies, materials, and human factors di23 rectly relating to improving the performance of the

24 Coast Guard’s mission in support of search and res25 cue, aids to navigation, marine safety, marine envi-
15

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1 ronmental protection, enforcement of laws and trea2 ties, ice operations, oceanographic research, and de3 fense readiness, $21,320,000, to remain available

4 until expended, of which $3,500,000 shall be derived

5 from the Oil Spill Liability Trust Fund.

6 (4) For retired pay (including the payment of

7 obligations otherwise chargeable to lapsed appropria8 tions for this purpose), payments under the Retired

9 Serviceman’s Family Protection and Survivor Benefit

10 Plans, and payments for medical care of retired per11 sonnel and their dependents under chapter 55 of title

12 10, United States Code, such sums as may be nec13 essary, to remain available until expended.

14 (5) For environmental compliance and restora15 tion at Coast Guard facilities (other than parts and

16 equipment associated with operations and mainte17 nance), $16,700,000, to remain available until ex18 pended.

19 (6) For alteration or removal of bridges over

20 navigable waters of the United States constituting ob21 structions to navigation, and for personnel and ad22 ministrative costs associated with the Bridge Alter23 ation Program, $15,000,000, to remain available

24 until expended.
16

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1 (c) AUTHORIZATION FOR FISCAL YEAR 2002.—Funds

2 are authorized to be appropriated for necessary expenses of

3 the Coast Guard for fiscal year 2002 as such sums as may

4 be necessary, of which $8,000,000 shall be available for con5 struction or acquistion of a replacement vessel for the Coast

6 Guard Cutter MACKINAW.

7 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

8 AND TRAINING.

9 (a) END-OF-YEAR STRENGTH FOR FISCAL YEAR

10 2000.—The Coast Guard is authorized an end-of-year

11 strength for active duty personnel of 40,000 as of September

12 30, 2000.

13 (b) TRAINING STUDENT LOADS FOR FISCAL YEAR

14 2000.—For each of fiscal years 2000 and 2001, the Coast

15 Guard is authorized average military training student

16 loads as follows:

17 (1) For recruit and special training, 1,500 stu18 dent years.

19 (2) For flight training, 100 student years.

20 (3) For professional training in military and ci21 vilian institutions, 300 student years.

22 (4) For officer acquisition, 1,000 student years.

23 (c) END-OF-YEAR STRENGTH FOR FISCAL YEAR

24 2001.—The Coast Guard is authorized an end-of-year
17

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1 strength for active duty personnel of 44,000 as of September

2 30, 2001.

3 (d) TRAINING STUDENT LOADS FOR FISCAL YEAR

4 2001.—For fiscal year 2001, the Coast Guard is authorized

5 average military training student loads as follows:

6 (1) For recruit and special training, 1,500 stu7 dent years.

8 (2) For flight training, 125 student years.

9 (3) For professional training in military and ci10 vilian institutions, 300 student years.

11 (4) For officer acquisition, 1,000 student years.

12 (e) END-OF-THE-YEAR STRENGTH FOR FISCAL YEAR

13 2002.—The Coast Guard is authorized an end-of-year

14 strength of active duty personnel of 45,500 as of September

15 30, 2002.

16 (f) TRAINING STUDENT LOADS FOR FISCAL YEAR

17 2002.—For fiscal year 2002, the Coast Guard is authorized

18 average military training student loads as follows:

19 (1) For recruit and special training, 1,500 stu20 dent years.

21 (2) For flight training, 125 student years.

22 (3) For professional training in military and ci23 vilian institutions, 300 student years.

24 (4) For officer acquisition, 1,000 student years.
18

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1 SEC. 103. LORAN–C.

2 (a) FISCAL YEAR 2001.—There are authorized to be

3 appropriated to the Department of Transportation, in ad4 dition to funds authorized for the Coast Guard for operation

5 of the LORAN–C system, for capital expenses related to

6 LORAN–C navigation infrastructure, $20,000,000 for fiscal

7 year 2001. The Secretary of Transportation may transfer

8 from the Federal Aviation Administration and other agen9 cies of the department funds appropriated as authorized

10 under this section in order to reimburse the Coast Guard

11 for related expenses.

12 (b) FISCAL YEAR 2002.—There are authorized to be

13 appropriated to the Department of Transportation, in ad14 dition to funds authorized for the Coast Guard for operation

15 of the LORAN–C system, for capital expenses related to

16 LORAN–C navigation infrastructure, $40,000,000 for fiscal

17 year 2002. The Secretary of Transportation may transfer

18 from the Federal Aviation Administration and other agen19 cies of the department funds appropriated as authorized

20 under this section in order to reimburse the Coast Guard

21 for related expenses.

22 SEC. 104. PATROL CRAFT.

23 (a) TRANSFER OF CRAFT FROM DOD.—Notwith24 standing any other provision of law, the Secretary of Trans25 portation may accept, by direct transfer without cost, for

26 use by the Coast Guard primarily for expanded drug inter-
19

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1 diction activities required to meet national supply reduc2 tion performance goals, up to 7 PC–170 patrol craft from

3 the Department of Defense if it offers to transfer such craft.

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

5 authorized to be apropriated to the Coast Guard, in addi6 tion to amounts otherwise authorized by this Act, up to

7 $100,000,000, to remain available until expended, for the

8 conversion of, operation and maintenance of, personnel to

9 operate and support, and shoreside infrastructure require10 ments for, up to 7 patrol craft.

11 TITLE II—PERSONNEL

12 MANAGEMENT

13 SEC. 201. COAST GUARD BAND DIRECTOR RANK.

14 Section 336(d) of title 14, United States Code, is

15 amended by striking ‘‘commander’’ and inserting ‘‘cap16 tain’’.

17 SEC. 202. COAST GUARD MEMBERSHIP ON THE USO BOARD

18 OF GOVERNORS.

19 Section 220104(a)(2) of title 36, United States Code,

20 is amended—

21 (1) by striking ‘‘and’’ at the end of subpara22 graph (B);

23 (2) by redesignating subparagraph (C) as sub24 paragraph (D); and
20

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1 (3) by inserting after subparagraph (B) the fol2 lowing:

3 ‘‘(C) the Secretary of Transportation, or the

4 Secretary’s designee, when the Coast Guard is

5 not operating under the Department of the Navy;

6 and’’.

7 SEC. 203. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

8 (a) IN GENERAL.—Section 511 of title 14, United

9 States Code, is amended to read as follows:

10 ‘‘§ 511. Compensatory absence from duty for military

11 personnel at isolated duty stations

12 ‘‘The Secretary may prescribe regulations to grant

13 compensatory absence from duty to military personnel of

14 the Coast Guard serving at isolated duty stations of the

15 Coast Guard when conditions of duty result in confinement

16 because of isolation or in long periods of continuous duty.’’.

17 (b) CLERICAL AMENDMENT.—The chapter analysis for

18 chapter 13 of title 14, United States Code, is amended by

19 striking the item relating to section 511 and inserting the

20 following:

‘‘511. Compensatory absence from duty for military personnel at isolated duty stations’’.

21 SEC. 204. ACCELERATED PROMOTION OF CERTAIN COAST

22 GUARD OFFICERS.

23 Title 14, United States Code, is amended—
21

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1 (1) in section 259, by adding at the end a new

2 subsection (c) to read as follows:

3 ‘‘(c) After selecting the officers to be recommended for

4 promotion, a selection board may recommend officers of

5 particular merit, from among those officers chosen for pro6 motion, to be placed at the top of the list of selectees promul7 gated by the Secretary under section 271(a) of this title.

8 The number of officers that a board may recommend to be

9 placed at the top of the list of selectees may not exceed the

10 percentages set forth in subsection (b) unless such a percent11 age is a number less than one, in which case the board may

12 recommend one officer for such placement. No officer may

13 be recommended to be placed at the top of the list of selectees

14 unless he or she receives the recommendation of at least a

15 majority of the members of a board composed of five mem16 bers, or at least two-thirds of the members of a board com17 posed of more than five members.’’;

18 (2) in section 260(a), by inserting ‘‘and the

19 names of those officers recommended to be advanced

20 to the top of the list of selectees established by the Sec21 retary under section 271(a) of this title’’ after ‘‘pro22 motion’’; and

23 (3) in section 271(a), by inserting at the end

24 thereof the following: ‘‘The names of all officers ap25 proved by the President and recommended by the
22

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1 board to be placed at the top of the list of selectees

2 shall be placed at the top of the list of selectees in

3 the order of seniority on the active duty promotion

4 list.’’.

5 SEC. 205. COAST GUARD ACADEMY BOARD OF TRUSTEES.

6 (a) IN GENERAL.—Section 193 of title 14, United

7 States Code, is amended to read as follows:

8 ‘‘§ 193. Board of Trustees.

9 ‘‘(a) ESTABLISHMENT.—The Commandant of the

10 Coast Guard may establish a Coast Guard Academy Board

11 of Trustees to provide advice to the Commandant and the

12 Superintendent on matters relating to the operation of the

13 Academy and its programs.

14 ‘‘(b) MEMBERSHIP.—The Commandant shall appoint

15 the members of the Board of Trustees, which may include

16 persons of distinction in education and other fields related

17 to the missions and operation of the Academy. The Com18 mandant shall appoint a chairperson from among the mem19 bers of the Board of Trustees.

20 ‘‘(c) EXPENSES.—Members of the Board of Trustees

21 who are not Federal employees shall be allowed travel ex22 penses while away from their homes or regular places of

23 business in the performance of service for the Board of

24 Trustees. Travel expenses include per diem in lieu of sub25 sistence in the same manner as persons employed intermit-
23

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1 tently in the Government service are allowed expenses under

2 section 5703 of title 5.

3 ‘‘(d) FACA NOT TO APPLY.— The Federal Advisory

4 Committee Act (5 U.S.C. App. ) shall not apply to the

5 Board of Trustees established pursuant to this section.’’.

6 (b) CONFORMING AMENDMENTS.—

7 (1) Section 194(a) of title 14, United States

8 Code, is amended by striking ‘‘Advisory Committee’’

9 and inserting ‘‘Board of Trustees’’.

10 (2) The chapter analysis for chapter 9 of title 14,

11 United States Code, is amended by striking the item

12 relating to section 193, and inserting the following:

‘‘193. Board of Trustees’’.

13 SEC. 206. SPECIAL PAY FOR PHYSICIAN ASSISTANTS.

14 Section 302c(d)(1) of title 37, United States Code, is

15 amended by inserting ‘‘an officer in the Coast Guard or

16 Coast Guard Reserve designated as a physician assistant,’’

17 after ‘‘nurse,’’.

18 SEC. 207. SUSPENSION OF RETIRED PAY OF COAST GUARD

19 MEMBERS WHO ARE ABSENT FROM THE

20 UNITED STATES TO AVOID PROSECUTION.

21 Procedures promulgated by the Secretary of Defense

22 under section 633(a) of the National Defense Authorization

23 Act for Fiscal Year 1997 (Public Law 104–201) shall apply

24 to the Coast Guard. The Commandant of the Coast Guard

25 shall be considered a Secretary of a military department
24

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1 for purposes of suspending pay under section 633 of that

2 Act.

3 TITLE III—MARINE SAFETY

4 SEC. 301. EXTENSION OF TERRITORIAL SEA FOR VESSEL

5 BRIDGE-TO-BRIDGE RADIOTELEPHONE ACT.

6 Section 4(b) of the Vessel Bridge-to-Bridge Radio7 telephone Act (33 U.S.C. 1203(b)), is amended by striking

8 ‘‘United States inside the lines established pursuant to sec9 tion 2 of the Act of February 19, 1895 (28 Stat. 672), as

10 amended.’’ and inserting ‘‘United States, which includes all

11 waters of the territorial sea of the United States as described

12 in Presidential Proclamation 5928 of December 27, 1988.’’.

13 SEC. 302. REPORT ON ICEBREAKING SERVICES.

14 (a) REPORT.—Not later than 9 months after the date

15 of enactment of this Act, the Commandant of the Coast

16 Guard shall submit to the Committee on Commerce,

17 Science, and Transportation of the Senate, and the Com18 mittee on Transportation and Infrastructure of the House,

19 a report on the use of WYTL-class harbor tugs. The report

20 shall include an analysis of the use of such vessels to per21 form icebreaking services; the degree to which, if any, the

22 decommissioning of each such vessel would result in a deg23 radation of current icebreaking services; and in the event

24 that the decommissioning of any such vessel would result
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1 in a significant degradation of icebreaking services, rec2 ommendations to remediate such degradation.

3 (b) 9-MONTH WAITING PERIOD.—The Commandant of

4 the Coast Guard shall not plan, implement or finalize any

5 regulation or take any other action which would result in

6 the decommissioning of any WYTL-class harbor tugs until

7 9 months after the date of the submission of the report re8 quired by subsection (a) of this section.

9 SEC. 303. OIL SPILL LIABILITY TRUST FUND ANNUAL RE10 PORT.

11 (a) IN GENERAL.—The report regarding the Oil Spill

12 Liability Trust Fund required by the Conference Report

13 (House Report 101–892) accompanying the Department of

14 Transportation and Related Agencies Appropriations Act,

15 1991, as that requirement was amended by section 1122 of

16 the Federal Reports Elimination and Sunset Act of 1995

17 (26 U.S.C. 9509 note), shall no longer be submitted to Con18 gress.

19 (b) REPEAL.—Section 1122 of the Federal Reports

20 Elimination and Sunset Act of 1995 (26 U.S.C. 9509 note)

21 is amended by—

22 (1) striking subsection (a); and

23 (2) striking ‘‘(b) REPORT ON JOINT FEDERAL

24 AND STATE MOTOR FUEL TAX COMPLIANCE

25 PROJECT.—’’.
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1 SEC. 304. OIL SPILL LIABILITY TRUST FUND; EMERGENCY

2 FUND BORROWING AUTHORITY.

3 Section 6002(b) of the Oil Pollution Act of 1990 (33

4 U.S.C. 2752(b)) is amended after the first sentence by in5 serting ‘‘To the extent that such amount is not adequate

6 for removal of a discharge or the mitigation or prevention

7 of a substantial threat of a discharge, the Coast Guard may

8 borrow from the Fund such sums as may be necessary, up

9 to a maximum of $100,000,000, and within 30 days shall

10 notify Congress of the amount borrowed and the facts and

11 circumstances necessitating the loan. Amounts borrowed

12 shall be repaid to the Fund when, and to the extent that

13 removal costs are recovered by the Coast Guard from re14 sponsible parties for the discharge or substantial threat of

15 discharge.’’.

16 SEC. 305. MERCHANT MARINER DOCUMENT REQUIRE17 MENTS.

18 Section 8701(a) of title 46, United States Code, is

19 amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (8);

22 (2) by redesignating paragraph (9) as para23 graph (10); and

24 (3) by inserting after paragraph (8) the fol25 lowing:
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1 ‘‘(9) a passenger vessel not engaged in a foreign

2 voyage with respect to individuals on board employed

3 as gaming personnel, entertainment personnel, wait

4 staff, or other service personnel, with no duties, in5 cluding emergency duties, related to the navigation of

6 the vessel or the safety of the vessel, its crew, cargo,

7 or passengers; and’’.

8 TITLE IV—RENEWAL OF

9 ADVISORY GROUPS

10 SEC. 401. COMMERCIAL FISHING INDUSTRY VESSEL ADVI11 SORY COMMITTEE.

12 (a) COMMERCIAL FISHING INDUSTRY VESSEL ADVI13 SORY COMMITTEE.—Section 4508 of title 46, United States

14 Code, is amended—

15 (1) by inserting ‘‘Safety’’ in the heading after

16 ‘‘Vessel’’;

17 (2) by inserting ‘‘Safety’’in subsection (a) after

18 ‘‘Vessel’’;

19 (3) by striking ‘‘Secretary’’ in subsection (a)(1)

20 and inserting ‘‘Secretary, through the Commandant

21 of the Coast Guard,’’;

22 (4) by striking ‘‘Secretary’’ in subsection (a)(4)

23 and inserting ‘‘Commandant’’;

24 (5) by striking the last sentence in subsection

25 (b)(5);
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1 (6) by striking ‘‘Committee’’ in subsection (c)(1)

2 and inserting ‘‘Committee, through the Com3 mandant,’’;

4 (7) by striking ‘‘shall’’ in subsection (c)(2) and

5 inserting ‘‘shall, through the Commandant,’’; and

6 (8) by striking ‘‘(5 U.S.C App. 1 et seq.)’’ in

7 subsection (e)(1)(I) and inserting ‘‘(5 U.S.C. App.)’’;

8 and

9 (9) by striking ‘‘of September 30, 2000’’ and in10 serting ‘‘on September 30, 2005’’.

11 (b) CONFORMING AMENDMENT.—The chapter analysis

12 for chapter 45 of title 46, United States Code, is amended

13 by striking the item relating to section 4508 and inserting

14 the following:

‘‘4508. Commercial Fishing Industry Vessel Safety Advisory Committee’’.

15 SEC. 402. HOUSTON-GALVESTON NAVIGATION SAFETY ADVI16 SORY COMMITTEE.

17 Section 18 of the Coast Guard Authorization Act of

18 1991 is amended—

19 (1) by striking ‘‘operating (hereinafter in this

20 part referred to as the ‘Secretary’)’’ in the second sen21 tence of subsection (a)(1) and inserting ‘‘operating,

22 through the Commandant of the Coast Guard,’’;

23 (2) by striking ‘‘Committee’’ in the third sen24 tence of subsection (a)(1) and inserting ‘‘Committee,

25 through the Commandant,’’;
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1 (3) by striking ‘‘Secretary,’’ in the second sen2 tence of subsection (a)(2) and inserting ‘‘Com3 mandant,’’; and

4 (4) by striking ‘‘September 30, 2000.’’ in sub5 section (h) and inserting ‘‘September 30, 2005.’’.

6 SEC. 403. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY

7 COMMITTEE.

8 Section 19 of the Coast Guard Authorization Act of

9 1991 (Public Law 102–241) is amended—

10 (1) by striking ‘‘operating (hereinafter in this

11 part referred to as the ‘Secretary’)’’ in the second sen12 tence of subsection (a)(1) and inserting ‘‘operating,

13 through the Commandant of the Coast Guard,’’;

14 (2) by striking ‘‘Committee’’ in the third sen15 tence of subsection (a)(1) and inserting ‘‘Committee,

16 through the Commandant,’’; and

17 (3) by striking ‘‘September 30, 2000’’ in sub18 section (g) and inserting ‘‘September 30, 2005’’.

19 SEC. 404. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.

20 Section 9307 of title 46, United States Code, is

21 amended—

22 (1) by striking ‘‘Secretary’’ in subsection (a)(1)

23 and inserting ‘‘Secretary, through the Commandant

24 of the Coast Guard,’’;
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1 (2) by striking ‘‘Secretary,’’ in subsection

2 (a)(4)(A) and inserting ‘‘Commandant,’’;

3 (3) by striking the last sentence of subsection

4 (c)(2);

5 (4) by striking ‘‘Committee’’ in subsection (d)(1)

6 and inserting ‘‘Committee, through the Com7 mandant,’’;

8 (5) by striking ‘‘Secretary’’ in subsection (d)(2)

9 and inserting ‘‘Secretary, through the Commandant,’’;

10 and

11 (6) by striking ‘‘September 30, 2003.’’ in sub12 section (f)(1) and inserting ‘‘September 30, 2005.’’.

13 SEC. 405. NAVIGATION SAFETY ADVISORY COUNCIL.

14 Section 5 of the Inland Navigational Rules Act of 1980

15 (33 U.S.C. 2073) is amended—

16 (1) by striking ‘‘Secretary’’ in the first sentence

17 of subsection (b) and inserting ‘‘Secretary, through

18 the Commandant of the Coast Guard,’’;

19 (2) by striking ‘‘Secretary’’ in the third sentence

20 of subsection (b) and inserting ‘‘Commandant’’; and

21 (3) by striking ‘‘September 30, 2000’’ in sub22 section (d) and inserting ‘‘September 30, 2005’’.

23 SEC. 406. NATIONAL BOATING SAFETY ADVISORY COUNCIL.

24 Section 13110 of title 46, United States Code, is

25 amended—
31

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1 (1) by striking ‘‘consult’’ in subsection (c) and

2 inserting ‘‘consult, through the Commandant of the

3 Coast Guard,’’; and

4 (2) by striking ‘‘September 30, 2000’’ in sub5 section (e) and inserting ‘‘September 30, 2005’’.

6 SEC. 407. TOWING SAFETY ADVISORY COMMITTEE.

7 The Act entitled An Act to Establish a Towing Safety

8 Advisory Committee in the Department of Transportation

9 (33 U.S.C. 1231a) is amended—

10 (1) by striking ‘‘Secretary’’ in the second sen11 tence of subsection (b) and inserting ‘‘Secretary,

12 through the Commandant of the Coast Guard’’;

13 (2) by striking ‘‘Secretary’’ in the first sentence

14 of subsection (c) and inserting ‘‘Secretary, through the

15 Commandant,’’;

16 (3) by striking ‘‘Committee’’ in the third sen17 tence of subsection (c) and inserting ‘‘Committee,

18 through the Commandant,’’;

19 (4) by striking ‘‘Secretary,’’ in the fourth sen20 tence of subsection (c) and inserting ‘‘Commandant,’’;

21 and

22 (5) by striking ‘‘September 30, 2000.’’ in sub23 section (e) and inserting ‘‘September 30, 2005.’’.
32

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1 TITLE V—MISCELLANEOUS

2 SEC. 501. COAST GUARD REPORT ON IMPLEMENTATION OF

3 NTSB RECOMMENDATIONS.

4 The Commandant of the United States Coast Guard

5 shall submit a written report to the Committee on Com6 merce, Science, and Transportation within 90 days after

7 the date of enactment of this Act on what actions the Coast

8 Guard has taken to implement the recommendations of the

9 National Transportation Safety Board in its Report No.

10 MAR–99–01. The report—

11 (1) shall describe in detail, by geographic

12 region—

13 (A) what steps the Coast Guard is taking to

14 fill gaps in its communications coverage;

15 (B) what progress the Coast Guard has

16 made in installing direction-finding systems;

17 and

18 (C) what progress the Coast Guard has

19 made toward completing its national distress

20 and response system modernization project; and

21 (2) include an assessment of the safety benefits

22 that might reasonably be expected to result from in23 creased or accelerated funding for—

24 (A) measures described in paragraph

25 (1)(A); and
33

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1 (B) the national distress and response sys2 tem modernization project.

3 SEC. 502. CONVEYANCE OF COAST GUARD PROPERTY IN

4 PORTLAND, MAINE.

5 (a) AUTHORITY TO CONVEY.—

6 (1) IN GENERAL.—The Administrator of the

7 General Services Administration may convey to the

8 Gulf of Maine Aquarium Development Corporation,

9 its successors and assigns, without payment for con10 sideration, all right, title, and interest of the United

11 States of America in and to approximately 4.13 acres

12 of land, including a pier and bulkhead, known as the

13 Naval Reserve Pier property, together with any im14 provements thereon in their then current condition,

15 located in Portland, Maine. All conditions placed

16 with the deed of title shall be construed as covenants

17 running with the land. Since the Federal agency ac18 tions necessary to effectuate the transfer of the Naval

19 Reserve Pier property will further the objectives of the

20 National Environmental Policy Act of 1969 (42

21 U.S.C. 4321 et seq.) and the National Historic Preser22 vation Act of 1966 (16 U.S.C. 470 et seq.), require23 ments applicable to agency actions under these and

24 other environmental planning laws are unnecessary

25 and shall not be required. The provisions of the Stew-
34

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1 art B. McKinney Homeless Assistance Act (42 U.S.C.

2 11301 et seq.) shall not apply to any building or

3 property at the Naval Reserve Pier property.

4 (2) IDENTIFICATION OF PROPERTY.—The Admin5 istrator, in consultation with the Commandant of the

6 Coast Guard, may identify, describe, and determine

7 the property to be conveyed under this section. The

8 floating docks associated with or attached to the

9 Naval Reserve Pier property shall remain the per10 sonal property of the United States.

11 (b) LEASE TO THE UNITED STATES.—

12 (1) The Naval Reserve Pier property shall not be

13 conveyed until the Corporation enters into a lease

14 agreement with the United States, the terms of which

15 are mutually satisfactory to the Commandant and the

16 Corporation, in which the Corporation shall lease a

17 portion of the Naval Reserve Pier property to the

18 United States for a term of 30 years without payment

19 of consideration. The lease agreement shall be executed

20 within 12 months after the date of enactment of this

21 Act.

22 (2) The Administrator, in consultation with the

23 Commandant, may identify and describe the Leased

24 Premises and rights of access including, but not lim25 ited to, those listed below, in order to allow the
35

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1 United States Coast Guard to operate and perform

2 missions, from and upon the Leased Premises:

3 (A) the right of ingress and egress over the

4 Naval Reserve Pier property, including the pier

5 and bulkhead, at any time, without notice, for

6 purposes of access to United States Coast Guard

7 vessels and performance of United States Coast

8 Guard missions and other mission-related activi9 ties;

10 (B) the right to berth United States Coast

11 Guard cutters or other vessels as required, in the

12 moorings along the east side of the Naval Reserve

13 Pier property, and the right to attach floating

14 docks which shall be owned and maintained at

15 the United States’ sole cost and expense;

16 (C) the right to operate, maintain, remove,

17 relocate, or replace an aid to navigation located

18 upon, or to install any aid to navigation upon,

19 the Naval Reserve Pier property as the Coast

20 Guard, in its sole discretion, may determine is

21 needed for navigational purposes;

22 (D) the right to occupy up to 3,000 gross

23 square feet at the Naval Reserve Pier Property

24 for storage and office space, which will be pro25 vided and constructed by the Corporation, at the
36

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1 Corporation’s sole cost and expense, and which

2 will be maintained, and utilities and other oper3 ating expenses paid for, by the United States at

4 its sole cost and expense;

5 (E) the right to occupy up to 1200 gross

6 square feet of offsite storage in a location other

7 than the Naval Reserve Pier Property, which

8 will be provided by the Corporation at the Cor9 poration’s sole cost and expense, and which will

10 be maintained, and utilities and other operating

11 expenses paid for, by the United States at its sole

12 cost and expense; and

13 (F) the right for United States Coast Guard

14 personnel to park up to 60 vehicles, at no ex15 pense to the government, in the Corporation’s

16 parking spaces on the Naval Reserve Pier prop17 erty or in parking spaces that the Corporation

18 may secure within 1,000 feet of the Naval Re19 serve Pier property or within 1,000 feet of the

20 Coast Guard Marine Safety Office Portland.

21 Spaces for no less than thirty vehicles shall be lo22 cated on the Naval Reserve Pier property.

23 (3) The lease described in paragraph (1) may be

24 renewed, at the sole option of the United States, for

25 additional lease terms.
37

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1 (4) The United States may not sublease the

2 Leased Premises to a third party or use the Leased

3 Premises for purposes other than fulfilling the mis4 sions of the United States Coast Guard and for other

5 mission related activities.

6 (5) In the event that the United States Coast

7 Guard ceases to use the Leased Premises, the Admin8 istrator, in consultation with the Commandant, may

9 terminate the lease with the Corporation.

10 (c) IMPROVEMENT OF LEASED PREMISES.—

11 (1) The Naval Reserve Pier property shall not be

12 conveyed until the Corporation enters into an agree13 ment with the United States, subject to the Com14 mandant’s design specifications, project’s schedule,

15 and final project approval, to replace the bulkhead

16 and pier which connects to, and provides access from,

17 the bulkhead to the floating docks, at the Corpora18 tion’s sole cost and expense, on the east side of the

19 Naval Reserve Pier Property within 30 months from

20 the date of conveyance. The agreement to improve the

21 leased premises shall be executed within 12 months

22 after the date of enactment of this Act.

23 (2) In addition to the improvements described in

24 paragraph (1), the Commandant is authorized to fur-
38

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1 ther improve the Leased Premises during the lease

2 term, at the United States’ sole cost and expense.

3 (d) UTILITY INSTALLATION AND MAINTAINANCE OBLI4 GATIONS.—

5 (1) The Naval Reserve Pier property shall not be

6 conveyed until the Corporation enters into an agree7 ment with the United States to allow the United

8 States to operate and maintain existing utility lines

9 and related equipment, at the United States’ sole cost

10 and expense. At such time as the Corporation con11 structs its proposed public aquarium, the Corporation

12 shall replace existing utility lines and related equip13 ment and provide additional utility lines and equip14 ment capable of supporting a third 110-foot Coast

15 Guard cutter, with comparable, new, code compliant

16 utility lines and equipment at the Corporation’s sole

17 cost and expense, maintain such utility lines and re18 lated equipment from an agreed upon demarcation

19 point, and make such utility lines and equipment

20 available for use by the United States, provided that

21 the United States pays for its use of utilities at its

22 sole cost and expense. The agreement concerning the

23 operation and maintenance of utility lines and equip24 ment shall be executed within 12 months after the

25 date of enactment of this Act.
39

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1 (2) The Naval Reserve Pier property shall not be

2 conveyed until the Corporation enters into an agree3 ment with the United States to maintain, at the Cor4 poration’s sole cost and expense, the bulkhead and

5 pier on the east side of the Naval Reserve Pier prop6 erty. The agreement concerning the maintenance of

7 the bulkhead and pier shall be executed within 12

8 months after the date of enactment of this Act.

9 (3) The United States shall be required to main10 tain, at its sole cost and expense, any Coast Guard

11 active aid to navigation located upon the Naval Re12 serve Pier Property.

13 (e) ADDITIONAL RIGHTS.—The conveyance of the

14 Naval Reserve Pier property shall be made subject to condi15 tions the Administrator or the Commandant consider nec16 essary to ensure that—

17 (1) the Corporation shall not interfere or allow

18 interference, in any manner, with use of the Leased

19 Premises by the United States; and

20 (2) the Corporation shall not interfere or allow

21 interference, in any manner, with any aid to naviga22 tion nor hinder activities required for the operation

23 and maintenance of any aid to navigation, without

24 the express written permission of the head of the agen-
40

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1 cy responsible for operating and maintaining the aid

2 to navigation.

3 (f) REMEDIES AND REVERSIONARY INTEREST.—The

4 Naval Reserve Pier property, at the option of the Adminis5 trator, shall revert to the United States and be placed under

6 the administrative control of the Administrator, if, and

7 only if, the Corporation fails to abide by any of the terms

8 of this section or any agreement entered into under sub9 section (b), (c), or (d) of this section.

10 (g) LIABILITY OF THE PARTIES.—The liability of the

11 United States and the Corporation for any injury, death,

12 or damage to or loss of property occurring on the leased

13 property shall be determined with reference to existing State

14 or Federal law, as appropriate, and any such liability may

15 not be modified or enlarged by this Act or any agreement

16 of the parties.

17 (h) EXPIRATION OF AUTHORITY TO CONVEY.—The au18 thority to convey the Naval Reserve Property under this sec19 tion shall expire 3 years after the date of enactment of this

20 Act.

21 (i) DEFINITIONS.—In this section:

22 (1) AID TO NAVIGATION.—The term ‘‘aid to navi23 gation’’ means equipment used for navigational

24 purposed, including but not limited to, a light, an25 tenna, sound signal, electronic navigation equipment,
41

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1 cameras, sensors power source, or other related equip2 ment which are operated or maintained by the United

3 States.

4 (2) CORPORATION.—The term ‘‘Corporation’’

5 means the Gulf of Maine Aquarium Development Cor6 poration, its successors and assigns.

7 SEC. 503. TRANSFER OF COAST GUARD STATION SCITUATE

8 TO THE NATIONAL OCEANIC AND ATMOS9 PHERIC ADMINISTRATION.

10 (a) AUTHORITY TO TRANSFER.—

11 (1) IN GENERAL.—The Administrator of the

12 General Services Administration (Administrator), in

13 consultation with the Commandant, United States

14 Coast Guard, may transfer, without consideration,

15 administrative jurisdiction, custody and control over

16 the Federal property, known as Coast Guard Station

17 Scituate, to the National Oceanic and Atmospheric

18 Administration (NOAA). Since the Federal agency

19 actions necessary to effectuate the administrative

20 transfer of the property will further the objectives of

21 the National Environmental Policy Act of 1969, Pub22 lic Law 91–190 (42 U.S.C. 4321 et seq.) and the Na23 tional Historic Preservation Act of 1966, Public Law

24 89–665 (16 U.S.C. 470 et seq.), procedures applicable

25 to agency actions under these laws are unnecessary
42

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1 and shall not be required. Similarly, the Federal

2 agency actions necessary to effectuate the transfer of

3 the property will not be subject to the Stewart B.

4 McKinney Homeless Assistance Act, Public Law 100–

5 77 (42 U.S.C. 11301 et seq.).

6 (2) IDENTIFICATION OF PROPERTY.—The Admin7 istrator, in consultation with the Commandant, may

8 identify, describe, and determine the property to be

9 transferred under this subsection.

10 (b) TERMS OF TRANSFER.—The transfer of the prop11 erty shall be made subject to any conditions and reserva12 tions the Administrator and the Commandant consider nec13 essary to ensure that—

14 (1) the transfer of the property to NOAA is con15 tingent upon the relocation of Coast Guard Station

16 Scituate to a suitable site;

17 (2) there is reserved to the Coast Guard the right

18 to remove, relocate, or replace any aid to navigation

19 located upon, or install any aid to navigation upon,

20 the property transferred under this section as may be

21 necessary for navigational purposes; and

22 (3) the Coast Guard shall have the right to enter

23 the property transferred under this section at any

24 time, without notice, for purposes of operating, main25 taining, and inspecting any aid to navigation. The
43

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1 transfer of the property shall be made subject to the

2 review and acceptance of the property by NOAA.

3 (c) RELOCATION OF STATION SCITUATE.—The Coast

4 Guard may lease land, including unimproved or vacant

5 land, for a term not to exceed 20 years, for the purpose

6 of relocating Coast Guard Station Scituate. The Coast

7 Guard may improve the land leased under paragraph (1)

8 of this subsection.

9 SEC. 504. HARBOR SAFETY COMMITTEES.

10 (a) STUDY.—The Coast Guard shall study existing

11 harbor safety committees in the United States to identify—

12 (1) strategies for gaining successful cooperation

13 among the various groups having an interest in the

14 local port or waterway;

15 (2) organizational models that can be applied to

16 new or existing harbor safety committees or to proto17 type harbor safety committees established under sub18 section (b);

19 (3) technological assistance that will help harbor

20 safety committees overcome local impediments to safe21 ty, mobility, environmental protection, and port secu22 rity; and

23 (4) recurring resources necessary to ensure the

24 success of harbor safety committees.
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1 (b) PROTOTYPE COMMITTEES.—The Coast Guard shall

2 test the feasibility of expanding the harbor safety committee

3 concept to small and medium-sized ports that are not gen4 erally served by a harbor safety committee by establishing

5 1 or more prototype harbor safety committees. In selecting

6 a location or locations for the establishment of a prototype

7 harbor safety committee, the Coast Guard shall—

8 (1) consider the results of the study conducted

9 under subsection (a);

10 (2) consider identified safety issues for a par11 ticular port;

12 (3) compare the potential benefits of establishing

13 such a committee with the burdens the establishment

14 of such a committee would impose on participating

15 agencies and organizations;

16 (4) consider the anticipated level of support from

17 interested parties; and

18 (5) take into account such other factors as may

19 be appropriate.

20 (c) EFFECT ON EXISTING PROGRAMS AND STATE

21 LAW.—Nothing in this section—

22 (1) limits the scope or activities of harbor safety

23 committees in existence on the date of enactment of

24 this Act;
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1 (2) precludes the establishment of new harbor

2 safety committees in locations not selected for the es3 tablishment of a prototype committee under sub4 section (b); or

5 (3) preempts State law.

6 (d) NONAPPLICATION OF FACA.—The Federal Advi7 sory Committee Act (5 U.S.C. App.) does not apply to har8 bor safety committees established under this section or any

9 other provision of law.

10 (e) HARBOR SAFETY COMMITTEE DEFINED.—In this

11 section, the term ‘‘harbor safety committee’’ means a local

12 coordinating body—

13 (1) whose responsibilities include recommending

14 actions to improve the safety of a port or waterway;

15 and

16 (2) the membership of which includes representa17 tives of government agencies, maritime labor and in18 dustry organizations, environmental groups, and pub19 lic interest groups.

20 SEC. 505. EXTENSION OF INTERIM AUTHORITY FOR DRY

21 BULK CARGO RESIDUE DISPOSAL.

22 Section 415(b)(2) of the Coast Guard Authorization

23 Act of 1998 is amended by striking ‘‘2002.’’ and inserting

24 ‘‘2003.’’.
46

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1 SEC. 506. VESSEL MIST COVE.

2 (a) CONSTRUCTION TONNAGE OF M/V MIST COVE.—

3 The M/V MIST COVE (United States official number

4 1085817) is deemed to be less than 100 gross tons, as meas5 ured by chapter 145 of title 46, United States Code, for

6 purposes of applying the optional regulatory measurement

7 under section 14305 of that title.

8 (b) LIMITATION ON APPLICATION.—Subsection (a)

9 shall not apply on any date on which the length of the vessel

10 exceeds 157 feet.

11 SEC. 507. LIGHTHOUSE CONVEYANCE.

12 Nothwithstanding any other provision of law, the con13 veyance authorized by section 416(a)(1)(H) of Public Law

14 105–383 shall take place within 3 months after the date

15 of enactment of this Act. Notwithstanding the previous sen16 tence, the conveyance shall be subject to subsections (a)(2),

17 (a)(3), (b), and (c) of section 416 of Public Law 105–383.

Calendar No. 567

106TH CONGRESS

2D SESSION S. 1089

[Report No. 106–300]

A BILL

To authorize appropriations for fiscal years 2000

and 2001 for the United States Coast Guard,and for other purposes.

MAY 23, 2000

Reported with an amendment