[Congressional Record Volume 147, Number 73 (Thursday, May 24, 2001)]
[Senate]
[Pages S5623-S5630]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself, Mr. Kerry, Mr. McCain, Mr. Hollings, 
        Mr. Breaux, Mr. Lott, Mr. Murkowski, and Mr. DeWine):
  S. 951. A bill to authorize appropriations for the Coast Guard, and 
for other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Ms. SNOWE. Mr. President, today I am pleased to introduce the Coast 
Guard Authorization Act of 2001.
  The Coast Guard provides many critical services for our nation. 
Dedicated Coast Guard personnel save an average of more than 5,000 
lives, $2.5 billion in property, and assist more than 100,000 mariners 
in distress. Through boater safety programs and maintenance of an

[[Page S5624]]

extensive network of aids to navigation, the Coast Guard protects 
thousands of other people engaged in coastwise trade, commercial 
fishing activities, and recreational boating.
  The Coast Guard enforces Federal laws and treaties related to the 
high seas and U.S. waters. This includes marine resource protection and 
pollution control. As one of the five armed forces, the Coast Guard 
provides a critical component of the nation's defense strategy. The 
Coast Guard has joined with the Navy under the National Fleet Policy 
Statement to integrate their complementary offshore assets and enhance 
our national defense.
  The Coast Guard Authorization Act of 1998 was enacted on November 13, 
1992 and authorized the Coast Guard through Fiscal Year 1999. Last 
year, I spend a considerable amount of time trying to enact meaningful 
legislation to reauthorize the Coast Guard. To that end, the Commerce 
Committee and the Senate unanimously passed the Coast Guard 
Authorization Act of 2000 in July of 2000. Unfortunately, final 
enactment of the bill was derailed by one provision that had nothing to 
do with the Coast Guard itself and was outside the jurisdiction of the 
Subcommittee on Oceans and Fisheries. As a result, the dedicated and 
hard-working men and women in uniform were penalized.
  The Coast Guard deserves more. By introducing the Coast Guard bill 
today, I intend to give them my full support, and I hope my colleagues 
will work with me to provide the Coast Guard with the support that they 
have so clearly earned.
  For the second year in a row, the Coast Guard has announced that it 
will reduce routine non-emergency operations by at least 10 percent. 
The Administration's Budget request for fiscal year 2002 would leave 
the Coast Guard $250 million short in critical operating funds. This 
shortfall will necessitate operations cutbacks to include 
decommissioning ships and aircraft. The budget authorized in this bill 
would restore those funding shortfalls and prevent the need for 
operational cutbacks.
  The bill my colleagues and I introduce today authorizes funding and 
personnel levels for the Coast Guard in fiscal years 2000 through 2002. 
The bill authorizes funding for FY 2002 at $5.2 billion. This 
represents a 9.3 percent increase over the levels contained in last 
year's Senate-passed bill authorization and a 14 percent increase over 
the funds appropriated for fiscal year 2001. The bill also contains 
several provisions to provide greater flexibility on personnel 
management matters and critical readiness concerns within the Coast 
Guard.
  The Coast Guard bill contains a new initiative on fishing vessel 
safety training. Commercial fishing is one of the most dangerous 
professions in the United States. Over the last three years, over two 
hundred fishermen have died at sea and even more fishing vessels have 
been lost. Last year, the Maine fleet tragically lost ten fishermen. 
This bill authorizes the Coast Guard to work with and support local 
organizations that promote or provide fishing vessel safety training. 
Under this proposal, active duty Coast Guard personnel, Coast Guard 
Reserve, and members of the Coast Guard Auxiliary could serve as 
instructors for training and safety courses; assist in the development 
of curricula; and participate in relevant advisory panels. This new 
initiative allows discretionary participation by the agency on a not-
to-interfere basic with other Congressionally mandated missions.
  A major part of the Coast Guard's law enforcement mission remains 
interdicting illegal narcotics at sea. In 2000, the Coast Guard seized 
56 vessels and arrested 201 suspects transporting illegal narcotics 
headed for our shores. The U.S. Coast Guard set a cocaine seizure 
record for the second consecutive year by stopping 132,920 pounds of 
cocaine from reaching American streets, playgrounds, and schools. The 
Coast Guard also seized 50,463 pounds of marijuana products, including 
hashish and hashish oil. At $4.4 billion, the street value of the drugs 
seized last year nearly matched the entire Coast Guard budget.
  In 2000, the Cost Guard also introduced the highly successful 
Operation New Frontier force package, including specially armed 
helicopters, over-the-horizon pursuit boats, and the use of non-lethal 
tools to stop go-fast type smuggling boats. Operation New Frontier 
forces documented an unprecedented 100 percent success rate by seizing 
all six of the go-fast trafficking boats detected.
  This bill provides funding to maintain many of the new drug 
interdiction initiatives of the past few years. The Coast Guard has 
proven time and again its ability to efficiently stem the tide of drugs 
entering our nation through water routes.
  The Coast Guard is the lead Federal agency for preventing and 
responding to major pollution incidents in the coastal zone. It 
responds to more than 17,000 pollution incidents in the average year. 
The recent oil spill in the fragile Galapagos Islands is an example 
where our investment in the Coast Guard reaped international rewards. 
Within 24 hours of the spill, a team of Coast Guard oil spill 
professionals were on transport aircraft en route to the spill scene 
with cleanup equipment. Their presence limited the ecological damage of 
this potentially horrific environmental tragedy.
  One provision that deserves particular mention relates to icebreaking 
services. The FY 2000 budget request included a proposal to 
decommission 11 WYTL-class harbor tugs. These tugs provide vital 
icebreaking services throughout the Great Lakes and northeastern 
states, including my home state of Maine. While I understand that the 
age of this vessel class may require some action by the agency, it 
would be premature to decommission these vessels before the Coast Guard 
has identified a means to assure their domestic icebreaking mission 
requirements are fulfilled. The Coast Guard has identified seven 
waterways within Maine that would suffer a meaningful degradation of 
service if these tugs were decommissioned. These waterways provide 
transport routes for oil tankers, commercial fishing vessels, and cargo 
ships. The costs would be excessive to the local communities should 
that means of transport be cut off. As we have seen during recent 
winters, ready access to home heating fuel in Maine and elsewhere in 
the Northeast is a necessity. As such, the bill I am introducing today 
includes a measure that would prevent the Cost Guard from removing 
these tugs from service unless adequate replacement assets are in 
place.
  Finally, we must recognize that the United States Coast Guard is a 
force conducting 21st century operations with 20th century technology. 
Of the 39 worldwide naval fleets, the United States Coast Guard has the 
37th oldest fleet of ships and aircraft. This year the Coast Guard will 
embark on a major recapitalization for the ships and aircraft designed 
to operate more than 50 miles offshore. The Integrated Deepwater System 
acquisition program is critical to the future viability of the Coast 
Guard. I wholeheartedly support this initiative and the ``system-of-
systems'' procurement strategy the Coast Guard has proposed. This bill 
authorized funding for the first year of this critical long-term 
recapitalization program.
  This is a good bill that enjoys bipartisan support on the Commerce 
Committee. I am pleased that so many of my colleagues have joined me in 
sponsoring this bill. I know that my cosponsors, Senators Kerry, 
McCain, Hollings, Breaux, Lott, Murkowski, and DeWine, also look 
forward to moving the bill to the Senate floor at the earliest 
opportunity.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 951

       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.

[[Page S5625]]

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.

[[Page S5626]]

        (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).

[[Page S5627]]

     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.''.

[[Page S5628]]

     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.--

[[Page S5629]]

       (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.

  Mr. McCAIN. Mr. President, I rise in support of the Coast Guard 
Authorization Act of 2001. Charged with maintaining our national 
defense and the safety of our citizens, the Coast Guard is a multi-
mission agency. The Coast Guard is a branch of the U.S. Armed Forces, 
but it is also a unique instrument of national security, responsible 
for search and rescue services and maritime law enforcement. Daily 
operations include drug interdiction, environmental protection, marine 
inspection, licensing, port safety and security, aids to navigation, 
waterways management, and boating safety.
  Recently the Coast Guard has been forced to reduce its services and 
cut its operations as a result of funding shortfalls. Earlier this 
year, for the second year in a row, the Coast Guard reduced its non-
emergency operations by over 10 percent due to a shortfall in operating 
appropriations. Mr. President, the Coast Guard and the American people 
deserve better, and the bill I am proud to cosponsor today authorizes 
funding at levels which would restore the Coast Guard to the full 
operational level. Additionally, the bill provides necessary funding 
for cutter and aircraft maintenance including the elimination of the 
existing spare parts shortage.
  This bill provides the funding necessary to maintain the level of 
service and the quality of performance that the United States has come 
to expect from the Coast Guard. I commend the men and women of the 
Coast Guard for their honorable and courageous service to this country. 
The bill authorizes $4.63 billion in FY 2000, $4.83 billion in 2001, 
and $5.22 billion in FY 2002.
  One critical goal of this bill is to provide parity with the 
Department of Defense on certain personnel matters. We

[[Page S5630]]

should ensure that the men and women serving in the Coast Guard are not 
adversely affected because the Coast Guard does not fall under the DOD 
umbrella. This bill provides parity with DOD for military pay and 
housing allowance increases, Coast Guard membership on the USO Board of 
Governors, and compensation for isolated duty.
  In today's strong economy, the Armed Services are seeing an exodus of 
experienced officers and enlisted personnel. Additional funding in this 
bill provides for recruiting and retention initiatives, to ensure that 
the Coast Guard retains the most qualified young Americans. In 
addition, it addresses the current shortage of qualified pilots and 
authorizes the Coast Guard to send more students to flight school. New 
programs will offer financial assistance to bring college students into 
the Service and bring retired officers back on active duty to fill 
temporary experience gaps.
  The Coast Guard is the lead federal agency in maritime drug 
interdiction. Therefore, they are often our nation's first line of 
defense in the war on drugs. This bill authorizes the Coast Guard to 
acquire and operate up to seven ex-Navy patrol boats, thereby expanding 
the Coast Guard's critical presence in the Caribbean, a major drug 
trafficking area. With the vast majority of the drugs smuggled into the 
United States on the water, the Coast Guard must remain well equipped 
to prevent drugs from reaching our schools and streets. I was gratified 
to learn that just a few weeks ago, the Coast Guard made the largest 
single maritime cocaine seizure in history; more than 13 tons of 
illegal drugs bound for U.S. streets are instead bound for an 
incinerator.
  Environmental protection, including oil-spill cleanup, is an 
invaluable service provided by the Coast Guard. Under current law, the 
Coast Guard has access to a permanent annual appropriation of $50 
million, distributed by the Oil Spill Liability Trust Fund, to carry 
out emergency oil spill response needs. Over the past few years, the 
fund has spent an average of $42 to $50 million per year, without the 
occurrence of a major oil spill. Clearly these funds would not be 
adequate to respond to a large spill. For instance, a spill the size of 
the Exxon Valdez could easily deplete the annual appropriated funds in 
two to three weeks. This bill authorizes the Coast Guard to borrow up 
to an additional $100 million, per incident, from the Oil Spill 
Liability Trust Fund, for emergency spill responses. In such cases, it 
also requires the Coast Guard to notify Congress of amounts borrowed 
within thirty days and repay such amounts once payment is collected 
from the responsible party.
  The 1999 President's Interagency Task Force on U.S. Coast Guard Roles 
and Missions reported ``The Coast Guard provides the United States a 
broad spectrum of vital services that will be increasingly important in 
the decades ahead.'' It further found that ``the nation must take 
action soon to modernize and recapitalize Coast Guard forces, if the 
Service is to remain Semper Paratus--Always Ready.'' Mr. President, 
that modernization is just beginning and I am proud to support the 
Administration's request for $338 million in Fiscal Year 2002 to fund 
the Integrated Deepwater System project. The bill I am cosponsoring 
today authorizes full funding for the first year of this multi-year 
project to replace more than 115 old ships and 165 aircraft that will 
soon reach their service lives. I support the Coast Guard's 
groundbreaking procurement process that stresses life cycle cost 
efficiency and not just lowest procurement cost.
  This bill represents a thorough set of improvements which will make 
the Coast Guard more effective, improve the quality of life of its 
personnel, and facilitate their daily operations. I would like to thank 
Senators Snowe and Kerry for their bipartisan leadership on Coast Guard 
issues, as well as my fellow co-sponsors Senators Hollings, Breaux, 
Lott, Murkowski, and DeWine for their longstanding support of the Coast 
Guard.
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