[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 951 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 951

    To authorize appropriations for the Coast Guard, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2001

   Ms. Snowe (for herself, Mr. Kerry, Mr. McCain, Mr. Hollings, Mr. 
    Breaux, Mr. Lott, Mr. Murkowski, and Mr. DeWine) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To authorize appropriations for the Coast Guard, 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 of 
2001''.

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

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. LORAN-C.
Sec. 104. Patrol craft.
Sec. 105. Caribbean support tender.
                     TITLE II--PERSONNEL MANAGEMENT

Sec. 201. Coast Guard band director rank.
Sec. 202. Coast Guard membership on the USO Board of Governors.
Sec. 203. Compensatory absence for isolated duty.
Sec. 204. Suspension of retired pay of Coast Guard members who are 
                            absent from the United States to avoid 
                            prosecution.
Sec. 205. Extension of Coast Guard housing authorities.
Sec. 206. Accelerated promotion of certain Coast Guard officers.
Sec. 207. Regular lieutenant commanders and commanders; continuation on 
                            failure of selection for promotion.
Sec. 208. Reserve officer promotion.
Sec. 209. Reserve Student Pre-Commissioning Assistance Program.
                        TITLE III--MARINE SAFETY

Sec. 301. Extension of Territorial Sea for Vessel Bridge-to-Bridge 
                            Radiotelephone Act.
Sec. 302. Icebreaking services.
Sec. 303. Modification of various reporting requirements.
Sec. 304. Oil Spill Liability Trust Fund; emergency fund borrowing 
                            authority.
Sec. 305. Merchant mariner documentation requirements.
Sec. 306. Penalties for negligent operations and interfering with safe 
                            operation.
Sec. 307. Fishing vessel safety training.
Sec. 308. Extend time for recreational vessel and associated equipment 
                            recalls.
                  TITLE IV--RENEWAL OF ADVISORY GROUPS

Sec. 401. Commercial Fishing Industry Vessel Advisory Committee.
Sec. 402. Houston-Galveston Navigation Safety Advisory Committee.
Sec. 403. Lower Mississippi River Waterway Advisory Committee.
Sec. 404. Navigation Safety Advisory Council.
Sec. 405. National Boating Safety Advisory Council.
Sec. 406. Towing Safety Advisory Committee.
                         TITLE V--MISCELLANEOUS

Sec. 501. Modernization of national distress and response system.
Sec. 502. Conveyance of Coast Guard property in Portland, Maine.
Sec. 503. Harbor safety committees.
Sec. 504. Limitation of liability of pilots at Coast Guard Vessel 
                            Traffic Services.
                      TITLE VI--JONES ACT WAIVERS

Sec. 601. Repeal of special authority to revoke endorsements.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization for Fiscal Year 2000.--There are authorized to be 
appropriated for necessary expenses of the Coast Guard for fiscal year 
2000 the following amounts:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,853,000,000, of which $300,000,000 shall be available for 
        defense-related activities and of which $25,000,000 shall be 
        derived from the Oil Spill Liability Trust Fund.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $999,100,000, to remain available until expended, of 
        which $20,000,000 shall be derived from the Oil Spill Liability 
        Trust Fund to carry out the purposes of section 1012(a)(5) of 
        the Oil Pollution Act of 1990.
            (3) For research, development, test, and evaluation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission in 
        support of search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, oceanographic research, and 
        defense readiness, $19,000,000, to remain available until 
        expended, of which $3,500,000 shall be derived from the Oil 
        Spill Liability Trust Fund.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $730,327,000, to remain 
        available until expended.
            (5) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operations and maintenance), $17,000,000, to remain 
        available until expended.
            (6) 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, $15,000,000, to 
        remain available until expended.
    (b) Authorization for Fiscal Year 2001.--There are authorized to be 
appropriated for necessary expenses of the Coast Guard for fiscal year 
2001 the following amounts:
            (1) For the operation and maintenance of the Coast Guard, 
        $3,483,000,000, of which $25,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $428,000,000, to remain available until expended, of 
        which $20,000,000 shall be derived from the Oil Spill Liability 
        Trust Fund to carry out the purposes of section 1012(a)(5) of 
        the Oil Pollution Act of 1990.
            (3) For research, development, test, and evaluation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission in 
        support of search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, oceanographic research, and 
        defense readiness, $21,320,000, to remain available until 
        expended, of which $3,500,000 shall be derived from the Oil 
        Spill Liability Trust Fund.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $868,000,000, to remain 
        available until expended.
            (5) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operations and maintenance), $16,700,000, to remain 
        available until expended.
            (6) 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, $15,500,000, to 
        remain available until expended.
    (c) Authorization for Fiscal Year 2002.--Funds are authorized to be 
appropriated for necessary expenses of the Coast Guard for fiscal year 
2002, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $3,633,000,000, of which $25,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $660,000,000, to remain available until expended, of 
        which $20,000,000 shall be derived from the Oil Spill Liability 
        Trust Fund to carry out the purposes of section 1012(a)(5) of 
        the Oil Pollution Act of 1990.
            (3) For research, development, test, and evaluation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission in 
        support of search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, oceanographic research, and 
        defense readiness, $22,000,000, to remain available until 
        expended, of which $3,500,000 shall be derived from the Oil 
        Spill Liability Trust Fund.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $876,350,000, to remain 
        available until expended.
            (5) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operations and maintenance), $17,000,000, to remain 
        available until expended.
            (6) 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, $15,500,000, to 
        remain available until expended.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) End-of-Year Strength for Fiscal Year 2000.--The Coast Guard is 
authorized an end-of-year strength for active duty personnel of 40,000 
as of September 30, 2000.
    (b) Training Student Loads for Fiscal Year 2000.--For fiscal year 
2000, the Coast Guard is authorized average military training student 
loads as follows:
            (1) For recruit and special training, 1,500 student years.
            (2) For flight training, 100 student years.
            (3) For professional training in military and civilian 
        institutions, 300 student years.
            (4) For officer acquisition, 1,000 student years.
    (c) End-of-Year Strength for Fiscal Year 2001.--The Coast Guard is 
authorized an end-of-year strength for active duty personnel of 44,000 
as of September 30, 2001.
    (d) Training Student Loads for Fiscal Year 2001.--For fiscal year 
2001, the Coast Guard is authorized average military training student 
loads as follows:
            (1) For recruit and special training, 1,500 student years.
            (2) For flight training, 125 student years.
            (3) For professional training in military and civilian 
        institutions, 300 student years.
            (4) For officer acquisition, 1,000 student years.
    (e) End-of-Year Strength for Fiscal Year 2002.--The Coast Guard is 
authorized an end-of-year strength of active duty personnel of 45,500 
as of September 30, 2002.
    (f) Training Student Loads for Fiscal Year 2002.--For fiscal year 
2002, the Coast Guard is authorized average military training student 
loads as follows:
            (1) For recruit and special training, 1,500 student years.
             (2) For flight training, 125 student years.
            (3) For professional training in military and civilian 
        institutions, 300 student years.
            (4) For officer acquisition, 1,050 student years.

SEC. 103. LORAN-C.

    (a) In General.--There are authorized to be appropriated to the 
Department of Transportation, in addition to funds authorized for the 
Coast Guard for operation of the LORAN-C system, for capital expenses 
related to LORAN-C navigation infrastructure, $25,000,000 for fiscal 
year 2001. The Secretary of Transportation may transfer from the 
Federal Aviation Administration and other agencies of the department 
funds appropriated as authorized under this section in order to 
reimburse the Coast Guard for related expenses.
    (b) Fiscal Year 2002.--There are authorized to be appropriated to 
the Department of Transportation, in addition to funds authorized for 
the Coast Guard for operation of the LORAN-C system, for capital 
expenses related to LORAN-C navigation infrastructure, $44,000,000 for 
fiscal year 2002. The Secretary of Transportation may transfer from the 
Federal Aviation Administration and other agencies of the department 
funds appropriated as authorized under this section in order to 
reimburse the Coast Guard for related expenses.

SEC. 104. PATROL CRAFT.

    (a) Transfer of Craft From DOD.--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.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Coast Guard, in addition to amounts otherwise 
authorized by this Act, up to $100,000,000, to remain available until 
expended, for the conversion of, operation and maintenance of, 
personnel to operate and support, and shoreside infrastructure 
requirements for, up to 7 patrol craft.

SEC. 105. CARIBBEAN SUPPORT TENDER.

    The Coast Guard is authorized to 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.

                     TITLE II--PERSONNEL MANAGEMENT

SEC. 201. COAST GUARD BAND DIRECTOR RANK.

    Section 336(d) of title 14, United States Code, is amended by 
striking ``commander'' and inserting ``captain''.

SEC. 202. COAST GUARD MEMBERSHIP ON THE USO BOARD OF GOVERNORS.

    Section 220104(a)(2) of title 36, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) the Secretary of Transportation, or the 
                Secretary's designee, when the Coast Guard is not 
                operating under the Department of the Navy; and''.

SEC. 203. 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. 204. SUSPENSION OF RETIRED PAY OF COAST GUARD MEMBERS WHO ARE 
              ABSENT FROM THE UNITED STATES TO AVOID PROSECUTION.

    Section 633 of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201) is amended by redesignating subsections 
(b), (c), and (d) in order as subsections (c), (d), and (e), and by 
inserting after subsection (a) the following:
    ``(b) Application to Coast Guard.--Procedures promulgated by the 
Secretary of Defense under subsection (a) shall apply to the Coast 
Guard. The Commandant of the Coast Guard shall be considered a 
Secretary of a military department for purposes of suspending pay under 
this section.''.

SEC. 205. EXTENSION OF COAST GUARD HOUSING AUTHORITIES.

    Section 689 of title 14, United States Code, is amended by striking 
``2001.'' and inserting ``2006.''.

SEC. 206. 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) A selection board may not make any recommendation under this 
subsection before the date the Secretary publishes a finding that 
implementation of this subsection will improve Coast Guard officer 
retention and management.
    ``(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.''.

SEC. 207. REGULAR LIEUTENANT COMMANDERS AND COMMANDERS; CONTINUATION ON 
              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 which 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 which 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), 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. 208. 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 of title 14, United States Coast Code, is amended 
by striking the period at the end of the sentence in section 731, 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 completes the following 
amount of service computed from his date of rank in the grade in which 
he is serving:
            (1) 2 years in the grade of lieutenant (junior grade);
            (2) 3 years in the grade of lieutenant;
            (3) 4 years in the grade of lieutenant commander;
            (4) 4 years in the grade of commander; and
            (5) 3 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,'' in the first 
sentence in Section 736(a).

SEC. 209. 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 5 academic 
        years; or
            ``(2) a doctor of jurisprudence or bachelor of laws degree 
        in not more than 3 academic years.
    ``(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 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 5 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 4 years, if the member''
            ``(1) completes the academic requirements of the program 
        and refuses to accept an appointment as a commissioned officer 
        in the Coast Guard Reserve when offered;
            ``(2) fails to complete the academic requirements of the 
        institution of higher education involved; or
            ``(3) fails to maintain eligibility for an original 
        appointment as a commissioned officer.
    ``(g)(1) If a member requests to be released from the program and 
the request is accepted by the Secretary, or if the member fails 
because of misconduct to complete the period of active duty specified, 
or if the member fails to fulfill any term or condition of the written 
agreement required to be eligible for financial assistance under this 
section, the financial assistance shall be terminated. The member shall 
reimburse the United States in an amount that bears the same ratio to 
the total cost of the education provided to such person as the unserved 
portion of active duty bears to the total period of active duty such 
person agreed to serve. The Secretary shall have the option to order 
such reimbursement without first ordering the member to active duty.
    ``(2) The Secretary may waive the service obligated under 
subsection (f) of a member who is not physically qualified for 
appointment and who is determined to be unqualified for service as an 
enlisted member of the Coast Guard Reserve due to a physical or medical 
condition that was not the result of the member's own misconduct or 
grossly negligent conduct.
    ``(h) As used in this section, the term `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 chapter analysis for 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''.

                        TITLE III--MARINE SAFETY

SEC. 301. 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. 302. 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, that sufficient replacement assets 
have been procured by the Coast Guard to remediate any degradation in 
current icebreaking services that would be caused by such 
decommissioning.

SEC. 303. MODIFICATION OF VARIOUS REPORTING REQUIREMENTS.

    (a) Termination of Oil Spill Liability Trust Fund Annual Report.--
            (1) In general.--The report regarding the Oil Spill 
        Liability Trust Fund required by the Conference Report (House 
        Report 101-892) accompanying the Department of Transportation 
        and Related Agencies Appropriations Act, 1991, as that 
        requirement was amended by section 1122 of the Federal Reports 
        Elimination and Sunset Act of 1995 (26 U.S.C. 9509 note), shall 
        no longer be submitted to the Congress.
            (2) Repeal.--Section 1122 of the Federal Reports 
        Elimination and Sunset Act of 1995 (26 U.S.C. 9509 note) is 
        amended by--
                    (A) striking subsection (a); and
                    (B) striking ``(b) Report on Joint Federal and 
                State Motor Fuel Tax Compliance Project.--''.
    (b) 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. 304. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND BORROWING 
              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 borrow 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 borrowed and the facts and circumstances 
necessitating the loan. Amounts borrowed 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. 305. 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. 306. 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.''.

SEC. 307. 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. 308. EXTEND TIME FOR RECREATIONAL VESSEL AND ASSOCIATED EQUIPMENT 
              RECALLS.

    Section 4310(c)(2) of title 46, United Sates Code, is amended in 
subparagraphs (A) and (B) by striking ``5'' wherever it appears and 
inserting ``10'' in its place.

                  TITLE IV--RENEWAL OF ADVISORY GROUPS

SEC. 401. 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 U.S.C App. 1 et seq.)'' in subsection 
        (e)(1)(I) and inserting ``(5 U.S.C. App.)''; 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. 402. 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. 403. 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. 404. 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. 405. 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. 406. 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.''.

                         TITLE V--MISCELLANEOUS

SEC. 501. 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 provide 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 associated with existing communications gaps or 
        failures, including incidents associated with gaps in VHF-FM 
        coverage or digital selective calling capabilities and failures 
        associated with inadequate communications equipment aboard the 
        involved vessels;
            (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. 502. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, MAINE.

    (a) Authority To Convey.--
            (1) In general.--The Administrator of General Services 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 Administrator, 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 Administrator, 
        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 Administrator, 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 is authorized 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 Administrator or the 
Commandant consider 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 Administrator, shall revert to the 
United States and be placed under the administrative control of the 
Administrator, 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 Act 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. 503. 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 
U.S.C. App.) 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. 504. LIMITATION OF 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 duties while at 
a United States Coast Guard Vessel Traffic Service, who provides 
information, advice or communication assistance 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''.

                      TITLE VI--JONES ACT WAIVERS

SEC. 601. REPEAL OF SPECIAL AUTHORITY TO REVOKE ENDORSEMENTS.

    Section 503 of the Coast Guard Authorization Act of 1998 (46 U.S.C. 
12106 note) is repealed.
                                 <all>