[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3507 Placed on Calendar Senate (PCS)]
Calendar No. 301
107th CONGRESS
1st Session
H. R. 3507
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 20 (legislative day, December 18), 2001
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To authorize appropriations for the Coast Guard for fiscal year 2002,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act for
Fiscal Year 2002''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD
Sec. 101. Short title.
Sec. 102. Authorization of appropriations.
Sec. 103. Authorized levels of military strength and training.
TITLE II--MARITIME POLICY IMPROVEMENT
Sec. 201. Short title.
Sec. 202. Vessel COASTAL VENTURE.
Sec. 203. Expansion of American Merchant Marine Memorial Wall of Honor.
Sec. 204. Discharge of agricultural cargo residue.
Sec. 205. Recording and discharging maritime liens.
Sec. 206. Tonnage of R/V DAVIDSON.
Sec. 207. Miscellaneous certificates of documentation.
Sec. 208. Exemption for Victory Ships.
Sec. 209. Certificate of documentation for 3 barges.
Sec. 210. Certificate of documentation for the EAGLE.
Sec. 211. Waiver for vessels in New World Challenge Race.
Sec. 212. Vessel ASPHALT COMMANDER.
TITLE III--COAST GUARD PERSONNEL AND MARINE SAFETY
Sec. 301. Short title.
Subtitle A--Personnel Management
Sec. 311. Coast Guard band director rank.
Sec. 312. Compensatory absence for isolated duty.
Sec. 313. Accelerated promotion of certain Coast Guard officers.
Subtitle B--Marine Safety
Sec. 321. Extension of Territorial Sea for Vessel Bridge-to-Bridge
Radiotelephone Act.
Sec. 322. Preservation of certain reporting requirements.
Sec. 323. Oil Spill Liability Trust Fund; emergency fund advancement
authority.
Sec. 324. Merchant mariner documentation requirements.
Sec. 325. Penalties for negligent operations and interfering with safe
operation.
Subtitle C--Renewal of Advisory Groups
Sec. 331. Commercial Fishing Industry Vessel Advisory Committee.
Sec. 332. Houston-Galveston Navigation Safety Advisory Committee.
Sec. 333. Lower Mississippi River Waterway Advisory Committee.
Sec. 334. Navigation Safety Advisory Council.
Sec. 335. National Boating Safety Advisory Council.
Sec. 336. Towing Safety Advisory Committee.
Subtitle D--Miscellaneous
Sec. 341. Patrol craft.
Sec. 342. Clarification of Coast Guard authority to control vessels in
territorial waters of the United States.
Sec. 343. Caribbean support tender.
Sec. 344. Prohibition of new maritime user fees.
Sec. 345. Great Lakes lighthouses.
Sec. 346. Modernization of National Distress and Response System.
Sec. 347. Conveyance of Coast Guard property in Portland, Maine.
Sec. 348. Harbor safety committees.
Sec. 349. Miscellaneous conveyances.
Sec. 350. Boating safety.
TITLE IV--OMNIBUS MARITIME IMPROVEMENTS
Sec. 401. Short title.
Sec. 402. Extension of Coast Guard housing authorities.
Sec. 403. Inventory of vessels for cable laying, maintenance, and
repair.
Sec. 404. Vessel escort operations and towing assistance.
Sec. 405. Search and rescue center standards.
Sec. 406. VHF communications services.
Sec. 407. Lower Columbia River maritime fire and safety activities.
Sec. 408. Conforming references to the former Merchant Marine and
Fisheries Committee.
Sec. 409. Restriction on vessel documentation.
Sec. 410. Hypothermia protective clothing requirement.
Sec. 411. Reserve officer promotions.
Sec. 412. Regular lieutenant commanders and commanders; continuation
upon failure of selection for promotion.
Sec. 413. Reserve student pre-commissioning assistance program.
Sec. 414. Continuation on active duty beyond thirty years.
Sec. 415. Payment of death gratuities on behalf of Coast Guard
auxiliarists.
Sec. 416. Align Coast Guard severance pay and revocation of commission
authority with Department of Defense
authority.
Sec. 417. Long-term lease authority for lighthouse property.
Sec. 418. Maritime Drug Law Enforcement Act amendments.
Sec. 419. Wing-in-ground craft.
Sec. 420. Electronic filing of commercial instruments for vessels.
Sec. 421. Deletion of thumbprint requirement for merchant mariners'
documents.
Sec. 422. Temporary certificates of documentation for -recreational
vessels.
Sec. 423. Marine casualty investigations involving -foreign vessels.
Sec. 424. Conveyance of Coast Guard property in Hampton Township,
Michigan.
Sec. 425. Conveyance of property in Traverse City, Michigan.
Sec. 426. Annual report on Coast Guard capabilities and readiness to
fulfill national defense responsibilities.
Sec. 427. Extension of authorization for oil spill recovery institute.
Sec. 428. Miscellaneous certificates of documentation.
Sec. 429. Icebreaking services.
Sec. 430. Fishing vessel safety training.
Sec. 431. Limitation on liability of pilots at Coast Guard Vessel
Traffic Services.
Sec. 432. Assistance for marine safety station on Chicago lakefront.
Sec. 433. Tonnage measurement for purposes of eligibility of certain
vessels for fishery endorsement.
Sec. 434. Extension of time for recreational vessel and associated
equipment recalls.
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD
SEC. 101. SHORT TITLE.
This title may be cited as the ``Coast Guard Authorization Act of
2001''.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 2002 for
necessary expenses of the Coast Guard, as follows:
(1) For the operation and maintenance of the Coast Guard,
$4,205,838,000, of which--
(A) $25,000,000 is authorized to be derived from
the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990;
(B) $5,500,000 is authorized to be available for
the commercial fishing vessel safety program; and
(C) $623,000,000 is authorized to be available for
domestic maritime homeland security.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $717,823,000, of which--
(A) $20,000,000 is authorized to be derived from
the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990;
(B) $58,500,000 is authorized to be available for
domestic maritime homeland security vessels and
detection equipment; and
(C) $338,000,000 is authorized to be available to
implement the Coast Guard's Integrated Deepwater
System.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $21,722,000, to remain available until
expended, of which $3,500,000 is authorized to be derived each
fiscal year from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $876,346,000.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $15,466,000, to
remain available until expended, of which $1,750,000 may be
available for a new Chelsea Street bridge in Boston,
Massachusetts.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $16,927,000, to remain
available until expended.
SEC. 103. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 44,000 as of September 30,
2002.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training for fiscal year 2002,
1,500 student years.
(2) For flight training for fiscal year 2002, 125 student
years.
(3) For professional training in military and civilian
institutions for fiscal year 2002, 300 student years.
(4) For officer acquisition for fiscal year 2002, 1,000
student years.
TITLE II--MARITIME POLICY IMPROVEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Maritime Policy Improvement Act of
2001''.
SEC. 202. VESSEL COASTAL VENTURE.
Section 1120(g) of the Coast Guard Authorization Act of 1996
(Public Law 104-324; 110 Stat. 3978) is amended by inserting ``COASTAL
VENTURE (United States official number 971086),'' after ``vessels''.
SEC. 203. EXPANSION OF AMERICAN MERCHANT MARINE MEMORIAL WALL OF HONOR.
(a) Findings.--The Congress finds that--
(1) the United States Merchant Marine has served the people
of the United States in all wars since 1775;
(2) the United States Merchant Marine served as the
Nation's first navy and defeated the British Navy to help gain
the Nation's independence;
(3) the United States Merchant Marine kept the lifeline of
freedom open to the allies of the United States during the
Second World War, making one of the most significant
contributions made by any nation to the victory of the allies
in that war;
(4) President Franklin D. Roosevelt and many military
leaders praised the role of the United States Merchant Marine
as the ``Fourth Arm of Defense'' during the Second World War;
(5) more than 250,000 men and women served in the United
States Merchant Marine during the Second World War;
(6) during the Second World War, members of the United
States Merchant Marine faced dangers from the elements and from
submarines, mines, armed raiders, destroyers, aircraft, and
``kamikaze'' pilots;
(7) during the Second World War, at least 6,830 members of
the United States Merchant Marine were killed at sea;
(8) during the Second World War, 11,000 members of the
United States Merchant Marine were wounded, at least 1,100 of
whom later died from their wounds;
(9) during the Second World War, 604 members of the United
States Merchant Marine were taken prisoner;
(10) 1 in 32 members of the United States Merchant Marine
serving in the Second World War died in the line of duty,
suffering a higher percentage of war-related deaths than any of
the other armed services of the United States; and
(11) the United States Merchant Marine continues to serve
the United States, promoting freedom and meeting the high
ideals of its former members.
(b) Grants To Construct Addition to American Merchant Marine
Memorial Wall of Honor.--
(1) In general.--The Secretary of Transportation may make
grants to the American Merchant Marine Veterans Memorial
Committee, Inc., to construct an addition to the American
Merchant Marine Memorial Wall of Honor located at the Los
Angeles Maritime Museum in San Pedro, California.
(2) Federal share.--The Federal share of the cost of
activities carried out with a grant made under this section
shall be 50 percent.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $500,000 for
fiscal year 2002.
SEC. 204. DISCHARGE OF AGRICULTURAL CARGO RESIDUE.
Notwithstanding any other provision of law, the discharge from a
vessel of any agricultural cargo residue material in the form of hold
washings shall be governed exclusively by the provisions of the Act to
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) that implement
Annex V to the International Convention for the Prevention of Pollution
from Ships.
SEC. 205. RECORDING AND DISCHARGING NOTICES OF CLAIM OF MARITIME LIEN.
(a) Liens on Any Documented Vessel.--
(1) In general.--Section 31343 of title 46, United States
Code, is amended as follows:
(A) By amending the section heading to read as
follows:
``Sec. 31343. Recording and discharging notices of claim of maritime
lien''.
(B) In subsection (a) by striking ``covered by a
preferred mortgage filed or recorded under this
chapter'' and inserting ``documented, or for which an
application for documentation has been filed, under
chapter 121''.
(C) By amending subsection (b) to read as follows:
``(b)(1) The Secretary shall record a notice complying with
subsection (a) of this section if, when the notice is presented to the
Secretary for recording, the person having the claim files with the
notice a declaration stating the following:
``(A) The information in the notice is true and correct to
the best of the knowledge, information, and belief of the
individual who signed it.
``(B) A copy of the notice, as presented for recordation,
has been sent to each of the following:
``(i) The owner of the vessel.
``(ii) Each person that recorded under section
31343(a) of this title an unexpired notice of a claim
of an undischarged lien on the vessel.
``(iii) The mortgagee of each mortgage filed or
recorded under section 31321 of this title that is an
undischarged mortgage on the vessel.
``(2) A declaration under this subsection filed by a person that is
not an individual must be signed by the president, member, partner,
trustee, or other individual authorized to execute the declaration on
behalf of the person.''.
(D) By amending subsection (c) to read as follows:
``(c)(1) On full and final discharge of the indebtedness that is
the basis for a notice of claim of lien recorded under subsection (b)
of this section, the person having the claim shall provide the
Secretary with an acknowledged certificate of discharge of the
indebtedness. The Secretary shall record the certificate.
``(2) The district courts of the United States shall have
jurisdiction over a civil action to declare that a vessel is not
subject to a lien claimed under subsection (b) of this section, or that
the vessel is not subject to the notice of claim of lien, or both,
regardless of the amount in controversy or the citizenship of the
parties. Venue in such an action shall be in the district where the
vessel is found, or where the claimant resides, or where the notice of
claim of lien is recorded. The court may award costs and attorneys fees
to the prevailing party, unless the court finds that the position of
the other party was substantially justified or other circumstances make
an award of costs and attorneys fees unjust. The Secretary shall record
any such declaratory order.''.
(E) By adding at the end the following:
``(e) A notice of claim of lien recorded under subsection (b) of
this section shall expire 3 years after the date the lien was
established, as such date is stated in the notice under subsection (a)
of this section.
``(f) This section does not alter in any respect the law pertaining
to the establishment of a maritime lien, the remedy provided by such a
lien, or the defenses thereto, including any defense under the doctrine
of laches.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 313 of title 46, United States Code, is
amended by striking the item relating to section 31343 and
inserting the following:
``31343. Recording and discharging notices of claim of maritime
lien.''.
(b) Notice Requirements.--Section 31325 of title 46, United States
Code, is amended as follows:
(1) In subsection (d)(1)(B) by striking ``a notice of a
claim'' and inserting ``an unexpired notice of a claim''.
(2) In subsection (f)(1) by striking ``a notice of a
claim'' and inserting ``an unexpired notice of a claim''.
(c) Approval of Surrender of Documentation.--Section 12111 of title
46, United States Code, is amended by adding at the end the following:
``(d)(1) The Secretary shall not refuse to approve the surrender of
the certificate of documentation for a vessel solely on the basis that
a notice of a claim of a lien on the vessel has been recorded under
section 31343(a) of this title.
``(2) The Secretary may condition approval of the surrender of the
certificate of documentation for a vessel over 1,000 gross tons.''.
(d) Technical Correction.--Section 9(c) of the Shipping Act, 1916
(46 App. U.S.C. 808(c)) is amended in the matter preceding paragraph
(1) by striking ``Except'' and all that follows ``12106(e) of title
46,'' and inserting ``Except as provided in section 611 of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1181) and in section 12106(e) of title
46,''.
(e) Effective Date.--This section shall take effect July 1, 2002.
SEC. 206. TONNAGE OF R/V DAVIDSON.
(a) In General.--The Secretary of Transportation shall prescribe a
tonnage measurement as a small passenger vessel as defined in section
2101 of title 46, United States Code, for the vessel R/V DAVIDSON
(United States official number D1066485) for purposes of applying the
optional regulatory measurement under section 14305 of that title.
(b) Application.--Subsection (a) shall apply only when the vessel
is operating in compliance with the requirements of section 3301(8) of
title 46, United States Code.
SEC. 207. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.
Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), section 8 of the Act of June 19, 1886 (24 Stat. 81,
chapter 421; 46 App. U.S.C. 289), and sections 12106 and 12108 of title
46, United States Code, the Secretary of Transportation may issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the following vessels:
(1) LOOKING GLASS (United States official number 925735).
(2) YANKEE (United States official number 1076210).
(3) LUCKY DOG of St. Petersburg, Florida (State of Florida
registration number FLZP7569E373).
(4) ENTERPRIZE (United States official number 1077571).
(5) M/V SANDPIPER (United States official number 1079439).
(6) FRITHA (United States official number 1085943).
(7) PUFFIN (United States official number 697029).
(8) VICTORY OF BURNHAM (United States official number
663780).
(9) R'ADVENTURE II (United States official number 905373).
(10) ANTJA (State of Florida registration number FL3475MA).
(11) SKIMMER, manufactured by Contour Yachts, Inc. (hull
identification number QHG34031D001).
(12) TOKEENA (State of South Carolina registration number
SC 1602 BJ).
(13) DOUBLE EAGLE2 (United States official number 1042549).
(14) ENCOUNTER (United States official number 998174).
(15) AJ (United States official number 599164).
(16) BARGE 10 (United States official number 1101368).
(17) NOT A SHOT (United States official number 911064).
(18) PRIDE OF MANY (Canadian official number 811529).
(19) AMAZING GRACE (United States official number 92769).
(20) SHEWHO (United States official number 1104094).
SEC. 208. EXEMPTION FOR VICTORY SHIPS.
Section 3302(l)(1) of title 46, United States Code, is amended by
adding at the end the following:
``(D) The steamship SS Red Oak Victory (United States
official number 249410), owned by the Richmond Museum
Association, located in Richmond, California.
``(E) The SS American Victory (United States official
number 248005), owned by Victory Ship, Inc., of Tampa,
Florida.''.
SEC. 209. CERTIFICATE OF DOCUMENTATION FOR 3 BARGES.
(a) Documentation Certificate.--Notwithstanding section 12106 of
title 46, United States Code, and section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), and subject to subsection (c) of this
section, the Secretary of Transportation may issue a certificate of
documentation with an appropriate endorsement for employment in the
coastwise trade for each of the vessels listed in subsection (b).
(b) Vessels Described.--The vessels referred to in subsection (a)
are the following:
(1) The former Navy deck barge JIM, having a length of 110
feet and a width of 34 feet.
(2) The former railroad car barge HUGH, having a length of
185 feet and a width of 34 feet.
(3) The former railroad car barge TOMMY, having a length of
185 feet and a width of 34 feet.
(c) Limitation on Operation.--A vessel issued a certificate of
documentation under this section may be used only as a floating
platform for launching fireworks, including transportation of materials
associated with that use.
SEC. 210. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE.
Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), chapter 121 of title 46, United States Code, and
section 1 of the Act of May 28, 1906 (46 App. U.S.C. 292), the
Secretary of Transportation shall issue a certificate of documentation
with appropriate endorsement for employment in the coastwise trade for
the vessel EAGLE (hull number BK-1754, United States official number
1091389) if the vessel is--
(1) owned by a State, a political subdivision of a State,
or a public authority chartered by a State;
(2) if chartered, chartered to a State, a political
subdivision of a State, or a public authority chartered by a
State;
(3) operated only in conjunction with--
(A) scour jet operations; or
(B) dredging services adjacent to facilities owned
by the State, political subdivision, or public
authority; and
(4) externally identified clearly as a vessel of that
State, subdivision or authority.
SEC. 211. WAIVER FOR VESSELS IN NEW WORLD CHALLENGE RACE.
Notwithstanding section 8 of the Act of June 19, 1886 (46 App.
U.S.C. 289), beginning on April 1, 2002, the 10 sailboats participating
in the New World Challenge Race may transport guests, who have not
contributed consideration for their passage, from and around the ports
of San Francisco and San Diego, California, before and during stops of
that race. This section shall have no force or effect beginning on the
earlier of--
(1) 60 days after the last competing sailboat reaches the
end of that race in San Francisco, California; or
(2) December 31, 2003.
SEC. 212. VESSEL ASPHALT COMMANDER.
Notwithstanding any other law or agreement with the United States
Government, the vessel ASPHALT COMMANDER (United States official number
663105) may be transferred to or placed under a foreign registry or
sold to a person that is not a citizen of the United States and
transferred to or placed under a foreign registry.
TITLE III--COAST GUARD PERSONNEL AND MARITIME SAFETY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Coast Guard Personnel and Maritime
Safety Act of 2001''.
Subtitle A--Personnel Management
SEC. 311. COAST GUARD BAND DIRECTOR RANK.
Section 336(d) of title 14, United States Code, is amended by
striking ``commander'' and inserting ``captain''.
SEC. 312. COMPENSATORY ABSENCE FOR ISOLATED DUTY.
(a) In General.--Section 511 of title 14, United States Code, is
amended to read as follows:
``Sec. 511. Compensatory absence from duty for military personnel at
isolated duty stations
``The Secretary may grant compensatory absence from duty to
military personnel of the Coast Guard serving at isolated duty stations
of the Coast Guard when conditions of duty result in confinement
because of isolation or in long periods of continuous duty.''.
(b) Clerical Amendment.--The chapter analysis for chapter 13 of
title 14, United States Code, is amended by striking the item relating
to section 511 and inserting the following:
``511. Compensatory absence from duty for military personnel at
isolated duty stations.''.
SEC. 313. ACCELERATED PROMOTION OF CERTAIN COAST GUARD OFFICERS.
Title 14, United States Code, is amended--
(1) in section 259, by adding at the end a new subsection
(c) to read as follows:
``(c)(1) After selecting the officers to be recommended for
promotion, a selection board may recommend officers of particular
merit, from among those officers chosen for promotion, to be placed at
the top of the list of selectees promulgated by the Secretary under
section 271(a) of this title. The number of officers that a board may
recommend to be placed at the top of the list of selectees may not
exceed the percentages set forth in subsection (b) unless such a
percentage is a number less than one, in which case the board may
recommend one officer for such placement. No officer may be recommended
to be placed at the top of the list of selectees unless he or she
receives the recommendation of at least a majority of the members of a
board composed of five members, or at least two-thirds of the members
of a board composed of more than five members.
``(2) The Secretary shall conduct a survey of the Coast Guard
officer corps to determine if implementation of this subsection will
improve Coast Guard officer retention. A selection board may not make
any recommendation under this subsection before the date on which the
Secretary publishes a finding, based upon the results of the survey,
that implementation of this subsection will improve Coast Guard officer
retention.
``(3) The Secretary shall submit any finding made by the Secretary
pursuant to paragraph (2) to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.'';
(2) in section 260(a), by inserting ``and the names of
those officers recommended to be advanced to the top of the
list of selectees established by the Secretary under section
271(a) of this title'' after ``promotion''; and
(3) in section 271(a), by inserting at the end thereof the
following: ``The names of all officers approved by the
President and recommended by the board to be placed at the top
of the list of selectees shall be placed at the top of the list
of selectees in the order of seniority on the active duty
promotion list.''.
Subtitle B--Marine Safety
SEC. 321. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-BRIDGE
RADIOTELEPHONE ACT.
Section 4(b) of the Vessel Bridge-to-Bridge Radiotelephone Act (33
U.S.C. 1203(b)), is amended by striking ``United States inside the
lines established pursuant to section 2 of the Act of February 19, 1895
(28 Stat. 672), as amended.'' and inserting ``United States, which
includes all waters of the territorial sea of the United States as
described in Presidential Proclamation 5928 of December 27, 1988.''.
SEC. 322. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination and Sunset
Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required
to be submitted under any of the following provisions of law:
(1) Coast guard operations and expenditures.--Section 651
of title 14, United States Code.
(2) Summary of marine casualties reported during prior
fiscal year.--Section 6307(c) of title 46, United States Code.
(3) User fee activities and amounts.--Section 664 of title
46, United States Code.
(4) Conditions of public ports of the united states.--
Section 308(c) of title 49, United States Code.
(5) Activities of federal maritime commission.--Section 208
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1118).
(6) Activities of interagency coordinating committee on oil
pollution research.--Section 7001(e) of the Oil Pollution Act
of 1990 (33 U.S.C. 2761(e)).
SEC. 323. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND ADVANCEMENT
AUTHORITY.
Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C.
2752(b)) is amended after the first sentence by inserting ``To the
extent that such amount is not adequate for removal of a discharge or
the mitigation or prevention of a substantial threat of a discharge,
the Coast Guard may obtain an advance from the Fund such sums as may be
necessary, up to a maximum of $100,000,000, and within 30 days shall
notify Congress of the amount advanced and the facts and circumstances
necessitating the advance. Amounts advanced shall be repaid to the Fund
when, and to the extent that removal costs are recovered by the Coast
Guard from responsible parties for the discharge or substantial threat
of discharge.''.
SEC. 324. MERCHANT MARINER DOCUMENTATION REQUIREMENTS.
(a) Interim Merchant Mariners' Documents.--Section 7302 of title
46, United States Code, is amended--
(1) by striking ``A'' in subsection (f) and inserting
``Except as provided in subsection (g), a''; and
(2) by adding at the end the following:
``(g)(1) The Secretary may, pending receipt and review of
information required under subsections (c) and (d), immediately issue
an interim merchant mariner's document valid for a period not to exceed
120 days, to--
``(A) an individual to be employed as gaming personnel,
entertainment personnel, wait staff, or other service personnel
on board a passenger vessel not engaged in foreign service,
with no duties, including emergency duties, related to the
navigation of the vessel or the safety of the vessel, its crew,
cargo or passengers; or
``(B) an individual seeking renewal of, or qualifying for a
supplemental endorsement to, a valid merchant mariner's
document issued under this section.
``(2) No more than one interim document may be issued to an
individual under paragraph (1)(A) of this subsection.''.
(b) Exception.--Section 8701(a) of title 46, United States Code, is
amended--
(1) by striking ``and'' after the semicolon in paragraph
(8);
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following:
``(9) a passenger vessel not engaged in a foreign voyage
with respect to individuals on board employed for a period of
not more than 30 service days within a 12 month period as
entertainment personnel, with no duties, including emergency
duties, related to the navigation of the vessel or the safety
of the vessel, its crew, cargo or passengers; and''.
SEC. 325. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING WITH SAFE
OPERATION.
Section 2302(a) of title 46, United States Code, is amended by
striking ``$1,000.'' and inserting ``$5,000 in the case of a
recreational vessel, or $25,000 in the case of any other vessel.''.
Subtitle C--Renewal of Advisory Groups
SEC. 331. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE.
(a) Commercial Fishing Industry Vessel Advisory Committee.--Section
4508 of title 46, United States Code, is amended--
(1) by inserting ``Safety'' in the heading after
``Vessel'';
(2) by inserting ``Safety'' in subsection (a) after
``Vessel'';
(3) by striking ``(5 App. U.S.C. 1 et seq.)'' in subsection
(e)(1)(I) and inserting ``(5 App. U.S.C.)''; and
(4) by striking ``of September 30, 2000'' and inserting
``on September 30, 2005''.
(b) Conforming Amendment.--The chapter analysis for chapter 45 of
title 46, United States Code, is amended by striking the item relating
to section 4508 and inserting the following:
``4508. Commercial Fishing Industry Vessel Safety Advisory
Committee.''.
SEC. 332. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.
Section 18(h) of the Coast Guard Authorization Act of 1991 (Public
Law 102-241) is amended by striking ``September 30, 2000.'' and
inserting ``September 30, 2005.''.
SEC. 333. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.
Section 19 of the Coast Guard Authorization Act of 1991 (Public Law
102-241) is amended by striking ``September 30, 2000'' in subsection
(g) and inserting ``September 30, 2005''.
SEC. 334. NAVIGATION SAFETY ADVISORY COUNCIL.
Section 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C.
2073) is amended by striking ``September 30, 2000'' in subsection (d)
and inserting ``September 30, 2005''.
SEC. 335. NATIONAL BOATING SAFETY ADVISORY COUNCIL.
Section 13110 of title 46, United States Code, is amended by
striking ``September 30, 2000'' in subsection (e) and inserting
``September 30, 2005''.
SEC. 336. TOWING SAFETY ADVISORY COMMITTEE.
The Act entitled ``An Act to Establish a Towing Safety Advisory
Committee in the Department of Transportation'' (33 U.S.C. 1231a) is
amended by striking ``September 30, 2000.'' in subsection (e) and
inserting ``September 30, 2005.''.
Subtitle D--Miscellaneous
SEC. 341. PATROL CRAFT.
Notwithstanding any other provision of law, the Secretary of
Transportation may accept, by direct transfer without cost, for use by
the Coast Guard primarily for expanded drug interdiction activities
required to meet national supply reduction performance goals, up to 7
PC-170 patrol craft from the Department of Defense if it offers to
transfer such craft.
SEC. 342. CLARIFICATION OF COAST GUARD AUTHORITY TO CONTROL VESSELS IN
TERRITORIAL WATERS OF THE UNITED STATES.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is
amended by adding at the end the following:
``SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DIRECTION OF VESSELS
BY COAST GUARD.
``(a) Notification of Coast Guard.--Under regulations prescribed by
the Secretary, a commercial vessel entering the territorial sea of the
United States shall notify the Secretary not later than 96 hours before
that entry and provide the following information regarding the vessel:
``(1) The name of the vessel.
``(2) The route and port or place of destination in the
United States.
``(3) The time of entry into the territorial sea.
``(4) Any information requested by the Secretary to
demonstrate compliance with applicable international agreements
to which the United States is a party.
``(5) If the vessel is carrying dangerous cargo, a
description of that cargo.
``(6) A description of any hazardous conditions on the
vessel.
``(7) Any other information requested by the Secretary.
``(b) Denial of Entry.--The Secretary may deny entry of a vessel
into the territorial sea of the United States if--
``(1) the Secretary has not received notification for the
vessel in accordance with subsection (a); or
``(2) the vessel is not in compliance with any other
applicable law relating to marine safety, security, or
environmental protection.
``(c) Direction of Vessel.--The Secretary may direct the operation
of any vessel in the navigable waters of the United States as necessary
during hazardous circumstances, including the absence of a pilot
required by State or Federal law, weather, casualty, vessel traffic, or
the poor condition of the vessel.
``(d) Implementation.--The Secretary shall implement this section
consistent with section 4(d).''.
SEC. 343. CARIBBEAN SUPPORT TENDER.
(a) In General.--The Coast Guard may operate and maintain a
Caribbean Support Tender (or similar type vessel) to provide technical
assistance, including law enforcement training, for foreign coast
guards, navies, and other maritime services.
(b) Medical and Dental Care for Caribbean Support Tender Personnel
and Dependents.--
(1) Provision.--The Commandant may provide medical and
dental care to foreign military Caribbean Support Tender
personnel and their dependents accompanying them in the United
States--
(A) on an outpatient basis without cost; and
(B) on an inpatient basis if the United States is
reimbursed for the costs of providing such care.
(2) Crediting of payments.--Payments received as
reimbursement for the provision of such care shall be credited
to the appropriations against which the charges were made for
the provision of such care.
(3) Inpatient care without cost.--Notwithstanding paragraph
(1)(B), the Commandant may provide inpatient medical and dental
care in the United States without cost to foreign military
Caribbean Support Tender personnel and their dependents
accompanying them in the United States if comparable care is
made available to a comparable number of United States military
personnel in that foreign country.
SEC. 344. PROHIBITION OF NEW MARITIME USER FEES.
Section 2110(k) of title 46, United States Code, is amended by
striking ``2001'' and inserting ``2006''.
SEC. 345. GREAT LAKES LIGHTHOUSES.
(a) Findings.--The Congress finds the following:
(1) The Great Lakes are home to more than 400 lighthouses.
120 of these maritime landmarks are in the State of Michigan.
(2) Lighthouses are an important part of Great Lakes
culture and stand as a testament to the importance of shipping
in the region's political, economic, and social history.
(3) Advances in navigation technology have made many Great
Lakes lighthouses obsolete. In Michigan alone, approximately 70
lighthouses will be designated as excess property of the
Federal Government and will be transferred to the General
Services Administration for disposal.
(4) Unfortunately, the Federal property disposal process is
confusing, complicated, and not well-suited to disposal of
historic lighthouses or to facilitate transfers to nonprofit
organizations. This is especially troubling because, in many
cases, local nonprofit historical organizations have dedicated
tremendous resources to preserving and maintaining Great Lakes
lighthouses.
(5) If Great Lakes lighthouses disappear, the public will
be unaware of an important chapter in Great Lakes history.
(6) The National Trust for Historic Preservation has placed
Michigan lighthouses on their list of Most Endangered Historic
Places.
(b) Assistance for Great Lakes Lighthouse Preservation Efforts.--
The Secretary of Transportation, acting through the Coast Guard,
shall--
(1) continue to offer advice and technical assistance to
organizations in the Great Lakes region that are dedicated to
lighthouse stewardship; and
(2) promptly release information regarding the timing of
designations of Coast Guard lighthouses on the Great Lakes as
excess to the needs of the Coast Guard, to enable those
organizations to mobilize and be prepared to take appropriate
action with respect to the disposal of those properties.
SEC. 346. MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE SYSTEM.
(a) Report.--The Secretary of Transportation shall prepare a status
report on the modernization of the National Distress and Response
System and transmit the report, not later than 60 days after the date
of enactment of this Act, and annually thereafter until completion of
the project, to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives.
(b) Contents.--The report required by subsection (a) shall--
(1) set forth the scope of the modernization, the schedule
for completion of the System, and information on progress in
meeting the schedule and on any anticipated delays;
(2) specify the funding expended to-date on the System, the
funding required to complete the System, and the purposes for
which the funds were or will be expended;
(3) describe and map the existing public and private
communications coverage throughout the waters of the coastal
and internal regions of the continental United States, Alaska,
Hawaii, Guam, and the Caribbean, and identify locations that
possess direction-finding, asset-tracking communications, and
digital selective calling service;
(4) identify areas of high risk to boaters and Coast Guard
personnel due to communications gaps;
(5) specify steps taken by the Secretary to fill existing
gaps in coverage, including obtaining direction-finding
equipment, digital recording systems, asset-tracking
communications, use of commercial VHF services, and digital
selective calling services that meet or exceed Global Maritime
Distress and Safety System requirements adopted under the
International Convention for the Safety of Life at Sea;
(6) identify the number of VHF-FM radios equipped with
digital selective calling sold to United States boaters;
(7) list all reported marine accidents, casualties, and
fatalities occurring in areas with existing communications gaps
or failures, including incidents associated with gaps in VHF-FM
coverage or digital selected calling capabilities and failures
associated with inadequate communications equipment aboard the
involved vessels during calendar years 1997 forward;
(8) identify existing systems available to close identified
marine safety gaps before January 1, 2003, including
expeditious receipt and response by appropriate Coast Guard
operations centers to VHF-FM digital selective calling distress
signal; and
(9) identify actions taken to-date to implement the
recommendations of the National Transportation Safety Board in
its Report No. MAR-99-01.
SEC. 347. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, MAINE.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation, or a
designee of the Secretary, may convey to the Gulf of Maine
Aquarium Development Corporation, its successors and assigns,
without payment for consideration, all right, title, and
interest of the United States in and to approximately 4.13
acres of land, including a pier and bulkhead, known as the
Naval Reserve Pier property, together with any improvements
thereon in their then current condition, located in Portland,
Maine. All conditions placed with the deed of title shall be
construed as covenants running with the land.
(2) Identification of property.--The Secretary, in
consultation with the Commandant of the Coast Guard, may
identify, describe, and determine the property to be conveyed
under this section. The floating docks associated with or
attached to the Naval Reserve Pier property shall remain the
personal property of the United States.
(b) Lease to the United States.--
(1) Condition of conveyance.--The Naval Reserve Pier
property shall not be conveyed until the Corporation enters
into a lease agreement with the United States, the terms of
which are mutually satisfactory to the Commandant and the
Corporation, in which the Corporation shall lease a portion of
the Naval Reserve Pier property to the United States for a term
of 30 years without payment of consideration. The lease
agreement shall be executed within 12 months after the date of
enactment of this Act.
(2) Identification of leased premises.--The Secretary, in
consultation with the Commandant, may identify and describe the
leased premises and rights of access, including the following,
in order to allow the Coast Guard to operate and perform
missions from and upon the leased premises:
(A) The right of ingress and egress over the Naval
Reserve Pier property, including the pier and bulkhead,
at any time, without notice, for purposes of access to
Coast Guard vessels and performance of Coast Guard
missions and other mission-related activities.
(B) The right to berth Coast Guard cutters or other
vessels as required, in the moorings along the east
side of the Naval Reserve Pier property, and the right
to attach floating docks which shall be owned and
maintained at the United States' sole cost and expense.
(C) The right to operate, maintain, remove,
relocate, or replace an aid to navigation located upon,
or to install any aid to navigation upon, the Naval
Reserve Pier property as the Coast Guard, in its sole
discretion, may determine is needed for navigational
purposes.
(D) The right to occupy up to 3,000 gross square
feet at the Naval Reserve Pier property for storage and
office space, which will be provided and constructed by
the Corporation, at the Corporation's sole cost and
expense, and which will be maintained, and utilities
and other operating expenses paid for, by the United
States at its sole cost and expense.
(E) The right to occupy up to 1,200 gross square
feet of offsite storage in a location other than the
Naval Reserve Pier property, which will be provided by
the Corporation at the Corporation's sole cost and
expense, and which will be maintained, and utilities
and other operating expenses paid for, by the United
States at its sole cost and expense.
(F) The right for Coast Guard personnel to park up
to 60 vehicles, at no expense to the government, in the
Corporation's parking spaces on the Naval Reserve Pier
property or in parking spaces that the Corporation may
secure within 1,000 feet of the Naval Reserve Pier
property or within 1,000 feet of the Coast Guard Marine
Safety Office Portland. Spaces for no less than 30
vehicles shall be located on the Naval Reserve Pier
property.
(3) Renewal.--The lease described in paragraph (1) may be
renewed, at the sole option of the United States, for
additional lease terms.
(4) Limitation on subleases.--The United States may not
sublease the leased premises to a third party or use the leased
premises for purposes other than fulfilling the missions of the
Coast Guard and for other mission related activities.
(5) Termination.--In the event that the Coast Guard ceases
to use the leased premises, the Secretary, in consultation with
the Commandant, may terminate the lease with the Corporation.
(c) Improvement of Leased Premises.--
(1) In general.--The Naval Reserve Pier property shall not
be conveyed until the Corporation enters into an agreement with
the United States, subject to the Commandant's design
specifications, project's schedule, and final project approval,
to replace the bulkhead and pier which connects to, and
provides access from, the bulkhead to the floating docks, at
the Corporation's sole cost and expense, on the east side of
the Naval Reserve Pier property within 30 months from the date
of conveyance. The agreement to improve the leased premises
shall be executed within 12 months after the date of enactment
of this Act.
(2) Further improvements.--In addition to the improvements
described in paragraph (1), the Commandant may to further
improve the leased premises during the lease term, at the
United States sole cost and expense.
(d) Utility Installation and Maintenance Obligations.--
(1) Utilities.--The Naval Reserve Pier property shall not
be conveyed until the Corporation enters into an agreement with
the United States to allow the United States to operate and
maintain existing utility lines and related equipment, at the
United States sole cost and expense. At such time as the
Corporation constructs its proposed public aquarium, the
Corporation shall replace existing utility lines and related
equipment and provide additional utility lines and equipment
capable of supporting a third 110-foot Coast Guard cutter, with
comparable, new, code compliant utility lines and equipment at
the Corporation's sole cost and expense, maintain such utility
lines and related equipment from an agreed upon demarcation
point, and make such utility lines and equipment available for
use by the United States, provided that the United States pays
for its use of utilities at its sole cost and expense. The
agreement concerning the operation and maintenance of utility
lines and equipment shall be executed within 12 months after
the date of enactment of this Act.
(2) Maintenance.--The Naval Reserve Pier property shall not
be conveyed until the Corporation enters into an agreement with
the United States to maintain, at the Corporation's sole cost
and expense, the bulkhead and pier on the east side of the
Naval Reserve Pier property. The agreement concerning the
maintenance of the bulkhead and pier shall be executed within
12 months after the date of enactment of this Act.
(3) Aids to navigation.--The United States shall be
required to maintain, at its sole cost and expense, any Coast
Guard active aid to navigation located upon the Naval Reserve
Pier property.
(e) Additional Rights.--The conveyance of the Naval Reserve Pier
property shall be made subject to conditions the Secretary considers
necessary to ensure that--
(1) the Corporation shall not interfere or allow
interference, in any manner, with use of the leased premises by
the United States; and
(2) the Corporation shall not interfere or allow
interference, in any manner, with any aid to navigation nor
hinder activities required for the operation and maintenance of
any aid to navigation, without the express written permission
of the head of the agency responsible for operating and
maintaining the aid to navigation.
(f) Remedies and Reversionary Interest.--The Naval Reserve Pier
property, at the option of the Secretary, shall revert to the United
States and be placed under the administrative control of the Secretary,
if, and only if, the Corporation fails to abide by any of the terms of
this section or any agreement entered into under subsection (b), (c),
or (d) of this section.
(g) Liability of the Parties.--The liability of the United States
and the Corporation for any injury, death, or damage to or loss of
property occurring on the leased property shall be determined with
reference to existing State or Federal law, as appropriate, and any
such liability may not be modified or enlarged by this title or any
agreement of the parties.
(h) Expiration of Authority To Convey.--The authority to convey the
Naval Reserve property under this section shall expire 3 years after
the date of enactment of this Act.
(i) Definitions.--In this section:
(1) Aid to navigation.--The term ``aid to navigation''
means equipment used for navigational purposes, including but
not limited to, a light, antenna, sound signal, electronic
navigation equipment, cameras, sensors power source, or other
related equipment which are operated or maintained by the
United States.
(2) Corporation.--The term ``Corporation'' means the Gulf
of Maine Aquarium Development Corporation, its successors and
assigns.
SEC. 348. HARBOR SAFETY COMMITTEES.
(a) Study.--The Coast Guard shall study existing harbor safety
committees in the United States to identify--
(1) strategies for gaining successful cooperation among the
various groups having an interest in the local port or
waterway;
(2) organizational models that can be applied to new or
existing harbor safety committees or to prototype harbor safety
committees established under subsection (b);
(3) technological assistance that will help harbor safety
committees overcome local impediments to safety, mobility,
environmental protection, and port security; and
(4) recurring resources necessary to ensure the success of
harbor safety committees.
(b) Prototype Committees.--The Coast Guard shall test the
feasibility of expanding the harbor safety committee concept to small
and medium-sized ports that are not generally served by a harbor safety
committee by establishing 1 or more prototype harbor safety committees.
In selecting a location or locations for the establishment of a
prototype harbor safety committee, the Coast Guard shall--
(1) consider the results of the study conducted under
subsection (a);
(2) consider identified safety issues for a particular
port;
(3) compare the potential benefits of establishing such a
committee with the burdens the establishment of such a
committee would impose on participating agencies and
organizations;
(4) consider the anticipated level of support from
interested parties; and
(5) take into account such other factors as may be
appropriate.
(c) Effect on Existing Programs and State Law.--Nothing in this
section--
(1) limits the scope or activities of harbor safety
committees in existence on the date of enactment of this Act;
(2) precludes the establishment of new harbor safety
committees in locations not selected for the establishment of a
prototype committee under subsection (b); or
(3) preempts State law.
(d) Nonapplication of FACA.--The Federal Advisory Committee Act (5
App. U.S.C.) does not apply to harbor safety committees established
under this section or any other provision of law.
(e) Harbor Safety Committee Defined.--In this section, the term
``harbor safety committee'' means a local coordinating body--
(1) whose responsibilities include recommending actions to
improve the safety of a port or waterway; and
(2) the membership of which includes representatives of
government agencies, maritime labor, maritime industry
companies and organizations, environmental groups, and public
interest groups.
SEC. 349. MISCELLANEOUS CONVEYANCES.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation may
convey, by an appropriate means of conveyance, all right,
title, and interest of the United States in and to each of the
following properties:
(A) Coast Guard Slip Point Light Station, located
in Clallam County, Washington, to Clallam County,
Washington.
(B) The parcel of land on which is situated the
Point Pinos Light, located in Monterey County,
California, to the city of Pacific Grove, California.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
under this subsection.
(3) Limitation.--The Secretary may not under this section
convey--
(A) any historical artifact, including any lens or
lantern, located on the property at or before the time
of the conveyance; or
(B) any interest in submerged land.
(b) General Terms and Conditions.--
(1) In general.--Each conveyance of property under this
section shall be made--
(A) without payment of consideration; and
(B) subject to the terms and conditions required by
this section and other terms and conditions the
Secretary may consider appropriate, including the
reservation of easements and other rights on behalf of
the United States.
(2) Reversionary interest.--In addition to any term or
condition established under this section, each conveyance of
property under this section shall be subject to the condition
that all right, title, and interest in the property shall
immediately revert to the United States, if--
(A) the property, or any part of the property--
(i) ceases to be available and accessible
to the public, on a reasonable basis, for
educational, park, recreational, cultural,
historic preservation, or other similar
purposes specified for the property in the
terms of conveyance;
(ii) ceases to be maintained in a manner
that is consistent with its present or future
use as a site for Coast Guard aids to
navigation or compliance with this title; or
(iii) ceases to be maintained in a manner
consistent with the conditions in paragraph (4)
established by the Secretary pursuant to the
National Historic Preservation Act (16 U.S.C.
470 et seq.); or
(B) at least 30 days before that reversion, the
Secretary provides written notice to the owner that the
property is needed for national security purposes.
(3) Maintenance of navigation functions.--Each conveyance
of property under this section shall be made subject to the
conditions that the Secretary considers to be necessary to
assure that--
(A) the lights, antennas, and associated equipment
located on the property conveyed, which are active aids
to navigation, shall continue to be operated and
maintained by the United States for as long as they are
needed for this purpose;
(B) the owner of the property may not interfere or
allow interference in any manner with aids to
navigation without express written permission from the
Commandant;
(C) there is reserved to the United States the
right to relocate, replace, or add any aid to
navigation or make any changes to the property conveyed
as may be necessary for navigational purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice for the
purpose of operating, maintaining and inspecting aids
to navigation, and for the purpose of enforcing
compliance with this subsection; and
(E) the United States shall have an easement of
access to and across the property for the purpose of
maintaining the aids to navigation in use on the
property.
(4) Maintenance of property.--(A) Subject to subparagraph
(B), the owner of a property conveyed under this section shall
maintain the property in a proper, substantial, and workmanlike
manner, and in accordance with any conditions established by
the conveying authority pursuant to the National Historic
Preservation Act (16 U.S.C. 470 et seq.), and other applicable
laws.
(B) The owner of a property conveyed under this section is
not required to maintain any active aid to navigation equipment
on the property, except private aids to navigation permitted
under section 83 of title 14, United States Code.
(c) Special Terms and Conditions.--The Secretary may retain all
right, title, and interest of the United States in and to any portion
of any parcel referred to in subsection (a)(1)(B) that the Secretary
considers appropriate.
(d) Definitions.--In this section:
(1) Aids to navigation.--The term ``aids to navigation''
means equipment used for navigation purposes, including a
light, antenna, radio, sound signal, electronic navigation
equipment, or other associated equipment which are operated or
maintained by the United States.
(2) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(3) Owner.--The term ``owner'' means, for a property
conveyed under this section, the person identified in
subsection (a)(1) of the property, and includes any successor
or assign of that person.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 350. BOATING SAFETY.
(a) Federal Funding.--Section 4(b)(3) of the Act of August 9, 1950
(16 U.S.C. 777c(b)(3)) is amended by striking ``$82,000,000'' and
inserting ``$83,000,000''.
(b) State Funding.--Section 13102(a)(3) of title 46, United States
Code, is amended by striking ``general State revenue'' and inserting
``State funds, including amounts expended for the State's recreational
boating safety program by a State agency, a public corporation
established under State law, or any other State instrumentality, as
determined by the Secretary''.
TITLE IV--OMNIBUS MARITIME IMPROVEMENTS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Omnibus Maritime and Coast Guard
Improvements Act of 2001''.
SEC. 402. 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. 403. INVENTORY OF VESSELS FOR CABLE LAYING, MAINTENANCE, AND
REPAIR.
(a) Inventory.--The Secretary of Transportation shall develop,
maintain, and periodically update an inventory of vessels that are
documented under chapter 121 of title 46, United States Code, are 200
feet or more in length, and have the capability to lay, maintain, or
repair a submarine cable, without regard to whether a particular vessel
is classified as a cable ship or cable vessel.
(b) Vessel information.--For each vessel listed in the inventory,
the Secretary shall include in the inventory--
(1) the name, length, beam, depth, and other distinguishing
characteristics of the vessel;
(2) the abilities and limitations of the vessel with
respect to the laying, maintaining, and repairing of a
submarine cable; and
(3) the name and address of the person to whom inquiries
regarding the vessel may be made.
(c) Publication.--The Secretary shall--
(1) not later than 60 days after the date of enactment of
this Act, publish in the Federal Register a current inventory
developed under subsection (a); and
(2) every six months thereafter, publish an updated
inventory.
SEC. 404. 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. 405. 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. 406. VHF COMMUNICATIONS SERVICES.
The Secretary of Transportation may authorize a person providing
commercial VHF communications services to place commercial VHF
communications equipment on real property under the administrative
control of the Coast Guard (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 rate or price based on providing such access to real
property under the administrative control of the Coast Guard. Nothing
in the section shall affect the rights or obligations of the United
States under section 704(c) of the Telecommunications Act of 1996 (47
U.S.C. 332 note) with respect to the availability of property, or under
section 359(d) of the Communications Act of 1934 (47 U.S.C. 357(d))
with respect to charges for transmission of distress messages.
SEC. 407. 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, to remain available until
expended.
SEC. 408. 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. 409. 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. 410. 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. 411. 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 Coast 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. 412. 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. 413. 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. An
obligation to reimburse the United States imposed under this paragraph
is for all purposes a debt owed to the United States.
``(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.
``(3) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of a written agreement entered into
under subsection (b) does not discharge the individual signing the
agreement from a debt arising under such agreement or under paragraph
(1).
``(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. 414. 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. 415. 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. 416. 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. 417. 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. 418. 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. 419. 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. 420. 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. 421. DELETION OF THUMBPRINT REQUIREMENT FOR MERCHANT MARINERS'
DOCUMENTS.
Section 7303 of title 46, United States Code, is amended by
striking ``the thumbprint,''.
SEC. 422. 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. 423. 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. 424. 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.
SEC. 425. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, MICHIGAN.
Section 1005(c) of the Coast Guard Authorization Act of 1996 (110
Stat. 3957) is amended by striking ``the Traverse City Area Public
School District'' and inserting ``a public or private nonprofit entity
for an educational or recreational purpose''.
SEC. 426. ANNUAL REPORT ON COAST GUARD CAPABILITIES AND READINESS TO
FULFILL NATIONAL DEFENSE RESPONSIBILITIES.
Not later than February 15 each year, the Secretary of
Transportation shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report, prepared
in conjunction with the Commandant of the Coast Guard, setting forth
the capabilities and readiness of the Coast Guard to fulfill its
national defense responsibilities.
SEC. 427. EXTENSION OF AUTHORIZATION FOR OIL SPILL RECOVERY INSTITUTE.
Section 5001(i) of the Oil Pollution Act of 1990 (33 U.S.C.
2731(i)) is amended by striking ``10 years'' and all that follows
through the end of the sentence and inserting ``September 30, 2012.''.
SEC. 428. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.
Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), section 8 of the Act of June 19, 1886 (46 App. U.S.C.
289), and section 12106 of title 46, United States Code, the Secretary
of Transportation may issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade for each
of the following vessels:
(1) LAUDERDALE LADY (United States official number
1103520).
(2) SOVEREIGN (United States official number 1028144).
(3) CALEDONIA (United States official number 679530).
SEC. 429. ICEBREAKING SERVICES.
The Commandant of the Coast Guard shall not plan, implement, or
finalize any regulation or take any other action which would result in
the decommissioning of any WYTL-class harbor tugs unless and until the
Commandant certifies in writing to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives, that sufficient
replacement capability has been procured by the Coast Guard to
remediate any degradation in current icebreaking services that would be
caused by such decommissioning.
SEC. 430. FISHING VESSEL SAFETY TRAINING.
(a) In General.--The Commandant of the Coast Guard may provide
support, with or without reimbursement, to an entity engaged in fishing
vessel safety training including--
(1) assistance in developing training curricula;
(2) use of Coast Guard personnel, including active duty
members, members of the Coast Guard Reserve, and members of the
Coast Guard Auxiliary, as temporary or adjunct instructors;
(3) sharing of appropriate Coast Guard informational and
safety publications; and
(4) participation on applicable fishing vessel safety
training advisory panels.
(b) No Interference With Other Functions.--In providing support
under subsection (a), the Commandant shall ensure that the support does
not interfere with any Coast Guard function or operation.
SEC. 431. LIMITATION ON LIABILITY OF PILOTS AT COAST GUARD VESSEL
TRAFFIC SERVICES.
(a) In General.--Chapter 23 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 2307. Limitation of liability for Coast Guard Vessel Traffic
Service pilots
``Any pilot, acting in the course and scope of his or her duties
while at a United States Coast Guard Vessel Traffic Service, who
provides information, advice, or communication assistance while under
the supervision of a Coast Guard officer, member, or employee shall not
be liable for damages caused by or related to such assistance unless
the acts or omissions of such pilot constitute gross negligence or
willful misconduct.''.
(b) Clerical Amendment.--The chapter analysis for chapter 23 of
title 46, United States Code, is amended by adding at the end the
following:
``2307. Limitation of liability for Coast Guard Vessel Traffic Service
pilots.''.
SEC. 432. ASSISTANCE FOR MARINE SAFETY STATION ON CHICAGO LAKEFRONT.
(a) Assistance Authorized.--The Secretary of Transportation may use
amounts authorized under this section to provide financial assistance
to the City of Chicago, Illinois, to pay the Federal share of the cost
of a project to demolish the Old Coast Guard Station, located at the
north end of the inner Chicago Harbor breakwater at the foot of
Randolph Street, and to plan, engineer, design, and construct a new
facility at that site for use as a marine safety station on the Chicago
lakefront.
(b) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a
project carried out with assistance under this section may not
exceed one third of the total cost of the project or
$2,000,000, whichever is less.
(2) Non-federal share.--There shall not be applied to the
non-Federal share of a project carried out with assistance
under this section--
(A) the value of land and existing facilities used
for the project; and
(B) any costs incurred for site work performed
before the date of the enactment of this Act, including
costs for reconstruction of the east breakwater wall
and associated utilities.
(c) Authorization of Appropriations.--In addition to the other
amounts authorized by this Act, for providing financial assistance
under this section there is authorized to be appropriated to the
Secretary of Transportation $2,000,000 for fiscal year 2002, to remain
available until expended.
SEC. 433. TONNAGE MEASUREMENT FOR PURPOSES OF ELIGIBILITY OF CERTAIN
VESSELS FOR FISHERY ENDORSEMENT.
Section 12102(c)(5) of title 46. United States Code, is amended by
striking ``of more than 750 gross registered tons'' and inserting ``of
more than 750 gross tons as measured under chapter 145 or 1900 gross
tons as measured under chapter 143''.
SEC. 434. EXTENSION OF TIME FOR RECREATIONAL VESSEL AND ASSOCIATED
EQUIPMENT RECALLS.
Section 4310(c) of title 46, United States Code, is amended--
(1) in paragraph (2)(A) and (B) by striking ``5'' each
place it appears and inserting ``10''; and
(2) in paragraph (1)(A), (B), and (C) by inserting ``by
first class mail or'' before ``by certified mail'' .
Passed the House of Representatives December 20, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 301
107th CONGRESS
1st Session
H. R. 3507
_______________________________________________________________________
AN ACT
To authorize appropriations for the Coast Guard for fiscal year 2002,
and for other purposes.
_______________________________________________________________________
December 20 (legislative day, December 18), 2001
Received; read twice and placed on the calendar