[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2481 Reported in House (RH)]






                                                 Union Calendar No. 147
107th CONGRESS
  1st Session
                                H. R. 2481

                          [Report No. 107-243]

  To improve maritime safety and the quality of life for Coast Guard 
                   personnel, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES



                             July 12, 2001

 Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. LoBiondo, and Ms. 
Brown of Florida) introduced the following bill; which was referred to 
           the Committee on Transportation and Infrastructure

                            October 16, 2001

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               12, 2001]

_______________________________________________________________________

                                 A BILL


 
  To improve maritime safety and the quality of life for Coast Guard 
                   personnel, 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 ``Omnibus Maritime Improvements Act of 
2001''.

SEC. 2. EXTENSION OF COAST GUARD HOUSING AUTHORITIES.

    (a) Housing Contractors.--Section 681(a) of title 14, United States 
Code, is amended by inserting ``, including a small business concern 
qualified under section 8(a) of the Small Business Act (15 U.S.C. 
637(a)),'' after ``private persons''.
    (b) Budget Authority Limitation.--Section 687(f) of title 14, 
United States Code, is amended by striking ``$20,000,000'' and 
inserting ``$40,000,000''.
    (c) Demonstration Project.--Section 687 of title 14, United States 
Code, is amended by adding at the end the following new subsection:
    ``(g) Demonstration Project Authorized.--To promote efficiencies 
through the use of alternative procedures for expediting new housing 
projects, the Secretary--
            ``(1) may develop and implement a Demonstration Project for 
        acquisition or construction of military family housing and 
        military unaccompanied housing at the Coast Guard installation 
        at Kodiak, Alaska;
            ``(2) in implementing the Demonstration Project shall 
        utilize, to the maximum extent possible, the contracting 
        authority of the Small Business Administration's section 8(a) 
        program;
            ``(3) shall, to the maximum extent possible, acquire or 
        construct such housing through contracts with small business 
        concerns qualified under section 8(a) of the Small Business Act 
        (15 U.S.C. 637(a)) that have their principal place of business 
        in the State of Alaska; and
            ``(4) shall report to Congress by September 1 of each year 
        on the progress of activities under the Demonstration 
        Project.''.
    (d) Extension.--Section 689 of title 14, United States Code, is 
amended by striking ``2001'' and inserting ``2006''.

SEC. 3. VESSELS FOR CABLE LAYING.

    (a) Requirement.--Only eligible vessels may be used after the date 
of enactment of this Act in the course of--
            (1) laying a submarine cable between 2 landings in the 
        United States;
            (2) making a shore landing of a submarine cable in the 
        United States;
            (3) laying or burying a submarine cable on or under the 
        lands beneath the navigable waters of the United States; or
            (4) servicing or maintaining a submarine cable--
                    (A) between 2 landings in the United States, or
                    (B) on or under the lands beneath the navigable 
                waters of the United States,
        if that cable is owned by, operated by, or operated for the 
        United States Government.
    (b) Definition.--For purposes of this section--
            (1) the term ``eligible vessel'' means--
                    (A) a United States-flag vessel, if before July 1, 
                2001, it was a United States-flag vessel used in the 
                course of any of the services specified in paragraphs 
                (1) through (4) of subsection (a); or
                    (B) a vessel documented under section 12105 of 
                title 46, United States Code; and
            (2) the term ``navigable waters of the United States'' 
        includes all waters of the territorial sea of the United States 
        as described in Presidential Proclamation No. 5928 of December 
        27, 1988.

SEC. 4. VESSEL ESCORT OPERATIONS AND TOWING ASSISTANCE.

    (a) In General.--Except in the case of a vessel in distress, only a 
vessel of the United States (as that term is defined in section 2101 of 
title 46, United States Code) may perform the following vessel escort 
operations and vessel towing assistance within the navigable waters of 
the United States:
            (1) Operation or assistance that commences or terminates at 
        a port or place in the United States.
            (2) Operation or assistance required by United States law 
        or regulation.
            (3) Operation provided in whole or in part for the purpose 
        of escorting or assisting a vessel within or through navigation 
        facilities owned, maintained, or operated by the United States 
        Government or the approaches to such facilities, other than 
        facilities operated by the St. Lawrence Seaway Development 
        Corporation on the St. Lawrence River portion of the Seaway.
    (b) Definitions.--In this section--
            (1) the term ``towing assistance'' means operation by an 
        assisting vessel in direct contact with an assisted vessel 
        (including hull-to-hull, by towline, including if only 
        pretethered, or made fast to that vessel by one or more lines) 
        for purposes of exerting force on the assisted vessel to 
        control, or to assist in controlling, the movement of the 
        assisted vessel; and
            (2) the term ``escort operations'' means accompanying a 
        vessel for the purpose of providing towing or towing assistance 
        to the vessel.
    (c) Penalty.--A person violating this section is liable to the 
United States Government for a civil penalty of not more than $10,000 
for each day during which the violation occurs.

SEC. 5. SEARCH AND RESCUE CENTER STANDARDS.

    (a) In General.--Title 14, United States Code, is amended by adding 
at the end of chapter 17 the following new section:
``Sec. 676. Search and rescue center standards
    ``(a) The Secretary shall establish, implement, and maintain the 
minimum standards necessary for the safe operation of all Coast Guard 
search and rescue center facilities, including with respect to the 
following:
            ``(1) The lighting, acoustics, and temperature in the 
        facilities.
            ``(2) The number of individuals on a shift in the facility 
        assigned search and rescue responsibilities (including 
        communications), which may be adjusted based on seasonal 
        workload.
            ``(3) The length of time an individual may serve on watch 
        to minimize fatigue, based on the best scientific information 
        available.
            ``(4) The scheduling of individuals having search and 
        rescue responsibilities to minimize fatigue of the individual 
        when on duty in the facility.
            ``(5) The workload of each individual engaged in search and 
        rescue responsibilities in the facility.
            ``(6) Stress management for the individuals assigned search 
        and rescue responsibilities in the facilities.
            ``(7) The design of equipment and facilities to minimize 
        fatigue and enhance search and rescue operations.
            ``(8) Any other requirements that the Secretary believes 
        will increase the safe operation of the search and rescue 
        centers.
    ``(b) An individual on duty or watch in a Coast Guard search and 
rescue center facility, including a communications center, may not work 
more than 12 hours in a 24-hour period except in an emergency.''.
    (b) Application.--Section 676(b) of title 14, United States Code 
(as enacted by subsection (a) of this section) shall apply beginning on 
July 1, 2002.
    (c) Prescription of Standards.--The Secretary shall prescribe the 
standards required under section 676(a) of title 14, United States 
Code, as enacted by subsection (a) of this section, before July 1, 
2002.
    (d) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 of title 14, United States Code, is amended by adding at the 
end the following:

``676. Search and rescue center standards.''.

SEC. 6. VHF COMMUNICATIONS SERVICES.

    The Secretary of Transportation may authorize a person providing 
commercial VHF communications services to place commercial VHF 
communications equipment on Coast Guard owned or controlled property 
(including towers) subject to any terms agreed to by the parties. The 
Secretary and that commercial VHF communications service provider also 
may enter into an agreement providing for VHF communications services 
to the Coast Guard (including digital selective calling and radio 
direction finding services) at a discounted price based on providing 
such access to property owned or controlled by the Coast Guard.

SEC. 7. LOWER COLUMBIA RIVER MARITIME FIRE AND SAFETY ACTIVITIES.

    There is authorized to be appropriated to the Secretary of 
Transportation not more than $987,400 for lower Columbia River marine, 
fire, oil, and toxic spill response communications, training, 
equipment, and program administration activities conducted by the 
Maritime Fire and Safety Association.

SEC. 8. CONFORMING REFERENCES TO THE FORMER MERCHANT MARINE AND 
              FISHERIES COMMITTEE.

    (a) Laws Codified in Title 14, United States Code.--(1) Section 
194(b)(2) of title 14, United States Code, is amended by striking 
``Merchant Marine and Fisheries'' and inserting ``Transportation and 
Infrastructure''.
    (2) Section 663 of title 14, United States Code, is amended by 
striking ``Merchant Marine and Fisheries'' and inserting 
``Transportation and Infrastructure''.
    (3) Section 664 of title 14, United States Code, is amended by 
striking ``Merchant Marine and Fisheries'' and inserting 
``Transportation and Infrastructure''.
    (b) Laws Codified in Title 33, United States Code.--(1) Section 
3(d)(3) of the International Navigational Rules Act of 1977 (33 U.S.C. 
1602(d)(3)) is amended by striking ``Merchant Marine and Fisheries'' 
and inserting ``Transportation and Infrastructure''.
    (2) Section 5004(2) of the Oil Pollution Act of 1990 (33 U.S.C. 
2734(2)) is amended by striking ``Merchant Marine and Fisheries'' and 
inserting ``Transportation and Infrastructure''.
    (c) Laws Codified in Title 46, United States Code.--(1) Section 
6307 of title 46, United States Code, is amended by striking ``Merchant 
Marine and Fisheries'' and inserting ``Transportation and 
Infrastructure''.
    (2) Section 901g(b)(3) of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1241k(b)(3)) is amended by striking ``Merchant Marine and 
Fisheries'' and inserting ``Transportation and Infrastructure''.
    (3) Section 913(b) of the International Maritime and Port Security 
Act (46 App. U.S.C. 1809(b)) is amended by striking ``Merchant Marine 
and Fisheries'' and inserting ``Transportation and Infrastructure''.

SEC. 9. RESTRICTION ON VESSEL DOCUMENTATION.

    Section 12108(a) of title 46, United States Code, is amended by--
            (1) amending paragraph (2) to read as follows:
            ``(2) was built in the United States;'';
            (2) striking ``and'' at the end of paragraph (3);
            (3) inserting after paragraph (3) the following:
            ``(4) was not forfeited to the United States Government 
        after July 1, 2001, for a breach of the laws of the United 
        States; and''; and
            (4) redesignating paragraph (4) as paragraph (5).

SEC. 10. HYPOTHERMIA PROTECTIVE CLOTHING REQUIREMENT.

    The Commandant of the Coast Guard shall ensure that all Coast Guard 
personnel are equipped with adequate safety equipment, including 
hypothermia protective clothing where appropriate, while performing 
search and rescue missions.

SEC. 11. RESERVE OFFICER PROMOTIONS.

    (a) Section 729(i) of title 14, United States Code, is amended by 
inserting ``on the date a vacancy occurs, or as soon thereafter as 
practicable, in the grade to which the officer was selected for 
promotion, or if promotion was determined in accordance with a running 
mate system,'' after ``grade''.
    (b) Section 731(b) of title 14, United States Code, is amended by 
striking the period at the end of the sentence and inserting ``, or in 
the event that promotion is not determined in accordance with a running 
mate system, then a Reserve officer becomes eligible for consideration 
for promotion to the next higher grade at the beginning of the 
promotion year in which he or she completes the following amount of 
service computed from the date of rank in the grade in which he or she 
is serving:
            ``(1) two years in the grade of lieutenant (junior grade);
            ``(2) three years in the grade of lieutenant;
            ``(3) four years in the grade of lieutenant commander;
            ``(4) four years in the grade of commander; and
            ``(5) three years in the grade of captain.''.
    (c) Section 736(a) of title 14, United States Code, is amended by 
inserting ``the date of rank shall be the date of appointment in that 
grade, unless the promotion was determined in accordance with a running 
mate system, in which event'' after ``subchapter,''.

SEC. 12. REGULAR LIEUTENANT COMMANDERS AND COMMANDERS; CONTINUATION 
              UPON FAILURE OF SELECTION FOR PROMOTION.

    Section 285 of title 14, United States Code, is amended--
            (1) by striking ``Each officer'' and inserting ``(a) Each 
        officer''; and
            (2) by adding at the end the following new subsections:
    ``(b) A lieutenant commander or commander of the Regular Coast 
Guard subject to discharge or retirement under subsection (a) may be 
continued on active duty when the Secretary directs a selection board 
convened under section 251 of this title to continue up to a specified 
number of lieutenant commanders or commanders on active duty. When so 
directed, the selection board shall recommend those officers who in the 
opinion of the board are best qualified to advance the needs and 
efficiency of the Coast Guard. When the recommendations of the board 
are approved by the Secretary, the officers recommended for 
continuation shall be notified that they have been recommended for 
continuation and offered an additional term of service that fulfills 
the needs of the Coast Guard.
    ``(c)(1) An officer who holds the grade of lieutenant commander of 
the Regular Coast Guard may not be continued on active duty under 
subsection (b) for a period that extends beyond 24 years of active 
commissioned service unless promoted to the grade of commander of the 
Regular Coast Guard. An officer who holds the grade of commander of the 
Regular Coast Guard may not be continued on active duty under 
subsection (b) for a period that extends beyond 26 years of active 
commissioned service unless promoted to the grade of captain of the 
Regular Coast Guard.
    ``(2) Unless retired or discharged under another provision of law, 
each officer who is continued on active duty under subsection (b) but 
is not subsequently promoted or continued on active duty, and is not on 
a list of officers recommended for continuation or for promotion to the 
next higher grade, shall, if eligible for retirement under any 
provision of law, be retired under that law on the first day of the 
first month following the month in which the period of continued 
service is completed.''.

SEC. 13. RESERVE STUDENT PRE-COMMISSIONING ASSISTANCE PROGRAM.

    (a) In General.--Chapter 21 of title 14, United States Code, is 
amended by inserting after section 709 the following new section:
``Sec. 709a. Reserve student pre-commissioning assistance program
    ``(a) The Secretary may provide financial assistance to an eligible 
enlisted member of the Coast Guard Reserve, not on active duty, for 
expenses of the member while the member is pursuing on a full-time 
basis at an institution of higher education a program of education 
approved by the Secretary that leads to--
            ``(1) a baccalaureate degree in not more than five academic 
        years; or
            ``(2) a post-baccalaureate degree.
    ``(b)(1) To be eligible for financial assistance under this 
section, an enlisted member of the Coast Guard Reserve must--
            ``(A) be enrolled on a full-time basis in a program of 
        education referred to in subsection (a) at any institution of 
        higher education; and
            ``(B) enter into a written agreement with the Coast Guard 
        described in paragraph (2).
    ``(2) A written agreement referred to in paragraph (1)(B) is an 
agreement between the member and the Secretary in which the member 
agrees--
            ``(A) to accept an appointment as a commissioned officer in 
        the Coast Guard Reserve, if tendered;
            ``(B) to serve on active duty for up to five years; and
            ``(C) under such terms and conditions as shall be 
        prescribed by the Secretary, to serve in the Coast Guard 
        Reserve until the eighth anniversary of the date of the 
        appointment.
    ``(c) Expenses for which financial assistance may be provided under 
this section are--
            ``(1) tuition and fees charged by the institution of higher 
        education involved;
            ``(2) the cost of books;
            ``(3) in the case of a program of education leading to a 
        baccalaureate degree, laboratory expenses; and
            ``(4) such other expenses as deemed appropriate by the 
        Secretary.
    ``(d) The amount of financial assistance provided to a member under 
this section shall be prescribed by the Secretary, but may not exceed 
$25,000 for any academic year.
    ``(e) Financial assistance may be provided to a member under this 
section for up to five consecutive academic years.
    ``(f) A member who receives financial assistance under this section 
may be ordered to active duty in the Coast Guard Reserve by the 
Secretary to serve in a designated enlisted grade for such period as 
the Secretary prescribes, but not more than four years, if the member--
            ``(1) completes the academic requirements of the program 
        and refuses to accept an appointment as a commissioned officer 
        in the Coast Guard Reserve when offered;
            ``(2) fails to complete the academic requirements of the 
        institution of higher education involved; or
            ``(3) fails to maintain eligibility for an original 
        appointment as a commissioned officer.
    ``(g)(1) If a member requests to be released from the program and 
the request is accepted by the Secretary, or if the member fails 
because of misconduct to complete the period of active duty specified, 
or if the member fails to fulfill any term or condition of the written 
agreement required to be eligible for financial assistance under this 
section, the financial assistance shall be terminated. The member shall 
reimburse the United States in an amount that bears the same ratio to 
the total cost of the education provided to such person as the unserved 
portion of active duty bears to the total period of active duty such 
person agreed to serve. The Secretary shall have the option to order 
such reimbursement without first ordering the member to active duty.
    ``(2) The Secretary may waive the service obligated under 
subsection (f) of a member who is not physically qualified for 
appointment and who is determined to be unqualified for service as an 
enlisted member of the Coast Guard Reserve due to a physical or medical 
condition that was not the result of the member's own misconduct or 
grossly negligent conduct.
    ``(h) As used in this section, `institution of higher education' 
has the meaning given that term in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001).''.
    (b) Clerical Amendment.--The analysis at the beginning of chapter 
21 of title 14, United States Code, is amended by adding the following 
new item after the item relating to section 709:

``709a. Reserve student pre-commissioning assistance program.''.

SEC. 14. CONTINUATION ON ACTIVE DUTY BEYOND THIRTY YEARS.

    Section 289 of title 14, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) Notwithstanding subsection (g) and section 288 of this title, 
the Commandant may by annual action retain on active duty from 
promotion year to promotion year any officer who would otherwise be 
retired under subsection (g) or section 288 of this title. An officer 
so retained, unless retired under some other provision of law, shall be 
retired on June 30 of that promotion year in which no action is taken 
to further retain the officer under this subsection.''.

SEC. 15. PAYMENT OF DEATH GRATUITIES ON BEHALF OF COAST GUARD 
              AUXILIARISTS.

    Section 823a(b) of title 14, United States Code, is amended by 
inserting the following new paragraph following paragraph (8):
            ``(9) On or after January 1, 2001, Public Law 104-208, 
        section 651.''.

SEC. 16. ALIGN COAST GUARD SEVERANCE PAY AND REVOCATION OF COMMISSION 
              AUTHORITY WITH DEPARTMENT OF DEFENSE AUTHORITY.

    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended--
            (1) in section 281--
                    (A) by striking ``three'' in the section heading 
                and inserting ``five''; and
                    (B) by striking ``three'' in the text and inserting 
                ``five'';
            (2) in section 283(b)(2)(A), by striking ``severance'' and 
        inserting ``separation'';
            (3) in section 286--
                    (A) by striking ``severance'' in the section 
                heading and inserting ``separation''; and
                    (B) by striking subsection (b) and inserting the 
                following:
    ``(b) An officer of the Regular Coast Guard who is discharged under 
this section or section 282, 283, or 284 of this title who has 
completed 6 or more, but less than 20, continuous years of active 
service immediately before that discharge or release is entitled to 
separation pay computed under subsection (d)(1) of section 1174 of 
title 10.
    ``(c) An officer of the Regular Coast Guard who is discharged under 
section 327 of this title, who has completed 6 or more, but less than 
20, continuous years of active service immediately before that 
discharge or release is entitled to separation pay computed under 
subsection (d)(1) or (d)(2) of section 1174 of title 10 as determined 
under regulations promulgated by the Secretary.
    ``(d) Notwithstanding subsections (a) or (b), an officer discharged 
under chapter 11 of this title for twice failing of selection for 
promotion to the next higher grade is not entitled to separation pay 
under this section if the officer requested in writing or otherwise 
sought not to be selected for promotion, or requested removal from the 
list of selectees.'';
            (4) in section 286a--
                    (A) by striking ``severance'' in the section 
                heading and inserting ``separation'' in its place; and
                    (B) by striking subsections (a), (b), and (c) and 
                inserting the following:
    ``(a) A regular warrant officer of the Coast Guard who is 
discharged under section 580 of title 10, and has completed 6 or more, 
but less than 20, continuous years of active service immediately before 
that discharge is entitled to separation pay computed under subsection 
(d)(1) of section 1174 of title 10.
    ``(b) A regular warrant officer of the Coast Guard who is 
discharged under section 1165 or 1166 of title 10, and has completed 6 
or more, but less than 20, continuous years of active service 
immediately before that discharge is entitled to separation pay 
computed under subsection (d)(1) or (d)(2) of section 1174 of title 10, 
as determined under regulations promulgated by the Secretary.
    ``(c) In determining a member's years of active service for the 
purpose of computing separation pay under this section, each full month 
of service that is in addition to the number of full years of service 
creditable to the member is counted as one-twelfth of a year and any 
remaining fractional part of a month is disregarded.''; and
            (5) in section 327--
                    (A) by striking ``severance'' in the section 
                heading and inserting ``separation'';
                    (B) by striking subsection (a)(2) and inserting in 
                its place the following:
            ``(2) for discharge with separation benefits under section 
        286(c) of this title.'';
                    (C) by striking subsection (a)(3);
                    (D) by striking subsection (b)(2) and inserting in 
                its place the following:
            ``(2) if on that date the officer is ineligible for 
        voluntary retirement under any law, be honorably discharged 
        with separation benefits under section 286(c) of this title, 
        unless under regulations promulgated by the Secretary the 
        condition under which the officer is discharged does not 
        warrant an honorable discharge.''; and
                    (E) by striking subsection (b)(3).
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 11 of title 14, United States Code, is amended--
            (1) in the item relating to section 281, by striking 
        ``three'' and inserting ``five'' in its place; and
            (2) in the item relating to section 286, by striking 
        ``severance'' and inserting ``separation'' in its place;
            (3) in the item relating to section 286a, by striking 
        ``severance'' and inserting ``separation'' in its place; and
            (4) in the item relating to section 327, by striking 
        ``severance'' and inserting ``separation'' in its place.
    (c) Effective Date.--The amendments made by paragraphs (2), (3), 
(4), and (5) of subsection (a) shall take effect four years after the 
date of enactment of this Act, except that subsection (d) of section 
286 of title 14, United States Code, as amended by paragraph (3) of 
subsection (a) of this section shall take effect on enactment of this 
Act and shall apply with respect to conduct on or after that date. The 
amendments made to the table of sections of chapter 11 of title 14, 
United States Code, by paragraphs (2), (3), and (4) of subsection (b) 
of this section shall take effect four years after the date of 
enactment of this Act.

SEC. 17. LONG-TERM LEASE AUTHORITY FOR LIGHTHOUSE PROPERTY.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding at the end a new section 672b to read as follows:
``Sec. 672b. Long-term lease authority for lighthouse property
    ``(a) The Commandant of the Coast Guard may lease to non-Federal 
entities, including private individuals, lighthouse property under the 
administrative control of the Coast Guard for terms not to exceed 30 
years. Consideration for the use and occupancy of lighthouse property 
leased under this section, and for the value of any utilities and 
services furnished to a lessee of such property by the Commandant, may 
consist, in whole or in part, of non-pecuniary remuneration including, 
but not limited to, the improvement, alteration, restoration, 
rehabilitation, repair, and maintenance of the leased premises by the 
lessee. Section 321 of chapter 314 of the Act of June 30, 1932 (40 
U.S.C. 303b) shall not apply to leases issued by the Commandant under 
this section.
    ``(b) Amounts received from leases made under this section, less 
expenses incurred, shall be deposited in the Treasury.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 of title 14, United States Code, is amended by adding after 
the item relating to section 672 the following:

``672b. Long-term lease authority for lighthouse property.''.

SEC. 18. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTS.

    (a) Section 3 of the Maritime Drug Law Enforcement Act (46 App. 
U.S.C. 1903) is amended--
            (1) in subsection (c)(1)(D) by striking ``and'';
            (2) in subsection (c)(1)(E) by striking ``United States.'' 
        and inserting ``United States; and''; and
            (3) by inserting after subsection (c)(1)(E) the following:
            ``(F) a vessel located in the contiguous zone of the United 
        States, as defined in Presidential Proclamation 7219 of 
        September 2, 1999, and (i) is entering the United States, (ii) 
        has departed the United States, or (iii) is a hovering vessel 
        as defined in 19 U.S.C. 1401(k).''.
    (b) The second section 3 of the Maritime Drug Law Enforcement Act 
(46 App. U.S.C. 1904) is amended--
            (1) by inserting ``(a)'' before ``Any property''; and
            (2) by adding at the end the following:
    ``(b) Practices commonly recognized as smuggling tactics may 
provide prima facie evidence of intent to use a vessel to commit, or to 
facilitate the commission of, an offense under this chapter, and may 
support seizure and forfeiture of the vessel, even in the absence of 
controlled substances aboard the vessel. The following indicia, inter 
alia, may be considered, in the totality of the circumstances, to be 
prima facie evidence that a vessel is intended to be used to commit, or 
to facilitate the commission of an offense under this chapter:
            ``(1) The construction or adaptation of the vessel in a 
        manner that facilitates smuggling, including--
                    ``(A) the configuration of the vessel to ride low 
                in the water or present a low hull profile to avoid 
                being detected visually or by radar;
                    ``(B) the presence of any compartment or equipment 
                which is built or fitted out for smuggling, not 
                including items such as a safe or lock-box reasonably 
                used for the storage of personal valuables;
                    ``(C) the presence of an auxiliary tank not 
                installed in accordance with applicable law, or 
                installed in such a manner as to enhance the vessel's 
                smuggling capability;
                    ``(D) the presence of engines that are excessively 
                over-powered in relation to the design and size of the 
                vessel;
                    ``(E) the presence of materials used to reduce or 
                alter the heat or radar signature of the vessel and 
                avoid detection;
                    ``(F) the presence of a camouflaging paint scheme, 
                or of materials used to camouflage the vessel, to avoid 
                detection; or
                    ``(G) the display of false vessel registration 
                numbers, false indicia of vessel nationality, false 
                vessel name, or false vessel homeport.
            ``(2) The presence or absence of equipment, personnel, or 
        cargo inconsistent with the type or declared purpose of the 
        vessel.
            ``(3) The presence of excessive fuel, lube oil, food, 
        water, or spare parts, inconsistent with legitimate vessel 
        operation, inconsistent with the construction or equipment of 
        the vessel, or inconsistent with the character of the vessel's 
        stated purpose.
            ``(4) The operation of the vessel without lights during 
        times lights are required to be displayed under applicable law 
        or regulation, and in a manner of navigation consistent with 
        smuggling tactics used to avoid detection by law enforcement 
        authorities.
            ``(5) The failure of the vessel to stop or respond or heave 
        to when hailed by government authority, especially where the 
        vessel conducts evasive maneuvering when hailed.
            ``(6) The declaration to government authority of apparently 
        false information about the vessel, crew, or voyage, or the 
        failure to identify the vessel by name or country of 
        registration when requested to do so by government authority.
            ``(7) The presence of controlled substance residue on the 
        vessel, on an item aboard the vessel, or on a person aboard the 
        vessel, of a quantity or other nature which reasonably 
        indicates manufacturing or distribution activity.
            ``(8) The use of petroleum products or other substances on 
        the vessel to foil the detection of controlled substance 
        residue.
            ``(9) The presence of a controlled substance in the water 
        in the vicinity of the vessel, where given the currents, 
        weather conditions, and course and speed of the vessel, the 
        quantity or other nature is such that it reasonably indicates 
        manufacturing or distribution activity.''.

SEC. 19. WING-IN-GROUND CRAFT.

    (a) Section 2101(35) of title 46, United States Code, is amended by 
inserting ``a wing-in-ground craft, regardless of tonnage, carrying at 
least one passenger for hire, and'' after the phrase ```small passenger 
vessel' means''.
    (b) Section 2101 of title 46, United States Code, is amended by 
adding at the end the following:
            ``(48) wing-in-ground craft means a vessel that is capable 
        of operating completely above the surface of the water on a 
        dynamic air cushion created by aerodynamic lift due to the 
        ground effect between the vessel and the water's surface.''.

SEC. 20. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS FOR VESSELS.

    Section 31321(a)(4) of title 46, United States Code, is amended--
            (1) by striking ``(A)''; and
            (2) by striking subparagraph (B).

SEC. 21. DELETION OF THUMBPRINT REQUIREMENT FOR MERCHANT MARINERS' 
              DOCUMENTS.

    Section 7303 of title 46, United States Code, is amended by 
striking ``the thumbprint,''.

SEC. 22. 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 after section 12103 the following:
``Sec. 12103a. Issuance of temporary certificate of documentation by 
              third parties
    ``(a) The Secretary of Transportation 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. 23. MARINE CASUALTY INVESTIGATIONS INVOLVING FOREIGN VESSELS.

    Section 6101 of title 46, United States Code, is amended--
            (1) by redesignating the second subsection (e) as 
        subsection (f); and
            (2) by adding at the end the following new subsection:
    ``(g) To the extent consistent with generally recognized practices 
and procedures of international law, this part applies to a foreign 
vessel involved in a marine casualty or incident, as defined in the 
International Maritime Organization Code for the Investigation of 
Marine Casualties and Incidents, where the United States is a 
Substantially Interested State and is, or has the consent of, the Lead 
Investigating State under the Code.''.

SEC. 24. CONVEYANCE OF COAST GUARD PROPERTY IN HAMPTON TOWNSHIP, 
              MICHIGAN.

    (a) Requirement To Convey.--
            (1) In general.--Notwithstanding any other law, the 
        Secretary of Transportation (in this section referred to as the 
        ``Secretary'') shall convey to BaySail, Inc. (a nonprofit 
        corporation established under the laws of the State of 
        Michigan; in this section referred to as ``BaySail''), without 
        monetary consideration, all right, title, and interest of the 
        United States in and to property adjacent to Coast Guard 
        Station Saginaw River, located in Hampton Township, Michigan, 
        as identified under paragraph (2). No submerged lands may be 
        conveyed under this section.
            (2) Identification of property.--The Secretary, in 
        consultation with the Commandant of the Coast Guard, shall 
identify, describe, and determine the property to be conveyed under 
this section.
            (3) Survey.--The exact acreage and legal description of the 
        property conveyed under paragraph (1), as identified under 
        paragraph (2), and any easements or rights-of-way reserved by 
        the United States under subsection (b), shall be determined by 
        a survey satisfactory to the Secretary. The cost of the survey 
        shall be borne by BaySail.
    (b) Terms and Conditions of Conveyance.--The conveyance of property 
under this section shall be made subject to any terms and conditions 
the Secretary considers necessary, including the reservation of 
easements and other rights on behalf of the United States.
    (c) Reversionary Interest.--
            (1) In general.--During the 5-year period beginning on the 
        date the Secretary makes the conveyance authorized by 
        subsection (a), the real property conveyed pursuant to this 
        section, at the option of the Secretary, shall revert to the 
        United States and be placed under the administrative control of 
        the Secretary, if--
                    (A) BaySail sells, conveys, assigns, exchanges, or 
                encumbers the property conveyed or any part thereof;
                    (B) BaySail fails to maintain the property conveyed 
                in a manner consistent with the terms and conditions 
                under subsection (b);
                    (C) BaySail conducts any commercial activity at the 
                property conveyed, or any part thereof, without 
                approval of the Secretary; or
                    (D) at least 30 days before the reversion, the 
                Secretary provides written notice to the owner that the 
                property or any part thereof is needed for national 
                security purposes.
            (2) Additional period.--The Secretary may, before the 
        completion of the 5-year period described in paragraph (1), 
        authorize an additional 5-year period during which paragraph 
        (1) shall apply.




                                                 Union Calendar No. 147

107th CONGRESS

  1st Session

                                H. R. 2481

                          [Report No. 107-243]

_______________________________________________________________________

                                 A BILL

  To improve maritime safety and the quality of life for Coast Guard 
                   personnel, and for other purposes.

_______________________________________________________________________

                            October 16, 2001

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed