[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