Congressional Record, Volume 147 Issue 177 (Wednesday, December 19, 2001)

[Congressional Record Volume 147, Number 177 (Wednesday, December 19, 2001)]
[House]
[Pages H10406-H10418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

COAST GUARD AUTHORIZATION ACT FOR FISCAL YEAR 2002

Mr. LoBIONDO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3507) to authorize appropriations for the Coast Guard for
fiscal year 2002, and for other purposes.
The Clerk read as follows:

H.R. 3507

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Coast Guard Authorization
Act for Fiscal Year 2002''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD

Sec. 101. Short title.
Sec. 102. Authorization of appropriations.
Sec. 103. Authorized levels of military strength and training.

TITLE II--MARITIME POLICY IMPROVEMENT

Sec. 201. Short title.
Sec. 202. Vessel COASTAL VENTURE.
Sec. 203. Expansion of American Merchant Marine Memorial Wall of Honor.
Sec. 204. Discharge of agricultural cargo residue.
Sec. 205. Recording and discharging maritime liens.
Sec. 206. Tonnage of R/V DAVIDSON.
Sec. 207. Miscellaneous certificates of documentation.
Sec. 208. Exemption for Victory Ships.
Sec. 209. Certificate of documentation for 3 barges.
Sec. 210. Certificate of documentation for the EAGLE.
Sec. 211. Waiver for vessels in New World Challenge Race.
Sec. 212. Vessel ASPHALT COMMANDER.

TITLE III--COAST GUARD PERSONNEL AND MARINE SAFETY

Sec. 301. Short title.

Subtitle A--Personnel Management

Sec. 311. Coast Guard band director rank.
Sec. 312. Compensatory absence for isolated duty.
Sec. 313. Accelerated promotion of certain Coast Guard officers.

Subtitle B--Marine Safety

Sec. 321. Extension of Territorial Sea for Vessel Bridge-to-Bridge
Radiotelephone Act.
Sec. 322. Preservation of certain reporting requirements.
Sec. 323. Oil Spill Liability Trust Fund; emergency fund advancement
authority.
Sec. 324. Merchant mariner documentation requirements.
Sec. 325. Penalties for negligent operations and interfering with safe
operation.

Subtitle C--Renewal of Advisory Groups

Sec. 331. Commercial Fishing Industry Vessel Advisory Committee.
Sec. 332. Houston-Galveston Navigation Safety Advisory Committee.
Sec. 333. Lower Mississippi River Waterway Advisory Committee.
Sec. 334. Navigation Safety Advisory Council.
Sec. 335. National Boating Safety Advisory Council.
Sec. 336. Towing Safety Advisory Committee.

Subtitle D--Miscellaneous

Sec. 341. Patrol craft.
Sec. 342. Clarification of Coast Guard authority to control vessels in
territorial waters of the United States.
Sec. 343. Caribbean support tender.
Sec. 344. Prohibition of new maritime user fees.
Sec. 345. Great Lakes lighthouses.
Sec. 346. Modernization of National Distress and Response System.
Sec. 347. Conveyance of Coast Guard property in Portland, Maine.
Sec. 348. Harbor safety committees.
Sec. 349. Miscellaneous conveyances.
Sec. 350. Boating safety.

TITLE IV--OMNIBUS MARITIME IMPROVEMENTS

Sec. 401. Short title.
Sec. 402. Extension of Coast Guard housing authorities.
Sec. 403. Inventory of vessels for cable laying, maintenance, and
repair.
Sec. 404. Vessel escort operations and towing assistance.
Sec. 405. Search and rescue center standards.
Sec. 406. VHF communications services.
Sec. 407. Lower Columbia River maritime fire and safety activities.
Sec. 408. Conforming references to the former Merchant Marine and
Fisheries Committee.
Sec. 409. Restriction on vessel documentation.
Sec. 410. Hypothermia protective clothing requirement.
Sec. 411. Reserve officer promotions.
Sec. 412. Regular lieutenant commanders and commanders; continuation
upon failure of selection for promotion.
Sec. 413. Reserve student pre-commissioning assistance program.
Sec. 414. Continuation on active duty beyond thirty years.
Sec. 415. Payment of death gratuities on behalf of Coast Guard
auxiliarists.
Sec. 416. Align Coast Guard severance pay and revocation of commission
authority with Department of Defense authority.
Sec. 417. Long-term lease authority for lighthouse property.
Sec. 418. Maritime Drug Law Enforcement Act amendments.
Sec. 419. Wing-in-ground craft.
Sec. 420. Electronic filing of commercial instruments for vessels.
Sec. 421. Deletion of thumbprint requirement for merchant mariners'
documents.
Sec. 422. Temporary certificates of documentation for -recreational
vessels.
Sec. 423. Marine casualty investigations involving -foreign vessels.
Sec. 424. Conveyance of Coast Guard property in Hampton Township,
Michigan.
Sec. 425. Conveyance of property in Traverse City, Michigan.
Sec. 426. Annual report on Coast Guard capabilities and readiness to
fulfill national defense responsibilities.
Sec. 427. Extension of authorization for oil spill recovery institute.
Sec. 428. Miscellaneous certificates of documentation.
Sec. 429. Icebreaking services.
Sec. 430. Fishing vessel safety training.
Sec. 431. Limitation on liability of pilots at Coast Guard Vessel
Traffic Services.
Sec. 432. Assistance for marine safety station on Chicago lakefront.
Sec. 433. Tonnage measurement for purposes of eligibility of certain
vessels for fishery endorsement.
Sec. 434. Extension of time for recreational vessel and associated
equipment recalls.

TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR THE COAST GUARD

SEC. 101. SHORT TITLE.

This title may be cited as the ``Coast Guard Authorization
Act of 2001''.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

Funds are authorized to be appropriated for fiscal year
2002 for necessary expenses of the Coast Guard, as follows:
(1) For the operation and maintenance of the Coast Guard,
$4,205,838,000, of which--
(A) $25,000,000 is authorized to be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990;
(B) $5,500,000 is authorized to be available for the
commercial fishing vessel safety program; and
(C) $623,000,000 is authorized to be available for domestic
maritime homeland security.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment
related thereto, $717,823,000, of which--
(A) $20,000,000 is authorized to be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990;
(B) $58,500,000 is authorized to be available for domestic
maritime homeland security vessels and detection equipment;
and
(C) $338,000,000 is authorized to be available to implement
the Coast Guard's Integrated Deepwater System.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating
to improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $21,722,000, to remain available until
expended, of which $3,500,000 is authorized to be derived
each fiscal year from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $876,346,000.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $15,466,000,
to remain available until expended, of which $1,750,000 may
be available for a new Chelsea Street bridge in Boston,
Massachusetts.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $16,927,000, to remain
available until expended.

SEC. 103. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.

(a) Active Duty Strength.--The Coast Guard is authorized an
end-of-year strength

[[Page H10407]]

for active duty personnel of 44,000 as of September 30, 2002.
(b) Military Training Student Loads.--The Coast Guard is
authorized average military training student loads as
follows:
(1) For recruit and special training for fiscal year 2002,
1,500 student years.
(2) For flight training for fiscal year 2002, 125 student
years.
(3) For professional training in military and civilian
institutions for fiscal year 2002, 300 student years.
(4) For officer acquisition for fiscal year 2002, 1,000
student years.

TITLE II--MARITIME POLICY IMPROVEMENT

SEC. 201. SHORT TITLE.

This title may be cited as the ``Maritime Policy
Improvement Act of 2001''.

SEC. 202. VESSEL COASTAL VENTURE.

Section 1120(g) of the Coast Guard Authorization Act of
1996 (Public Law 104-324; 110 Stat. 3978) is amended by
inserting ``COASTAL VENTURE (United States official number
971086),'' after ``vessels''.

SEC. 203. EXPANSION OF AMERICAN MERCHANT MARINE MEMORIAL WALL
OF HONOR.

(a) Findings.--The Congress finds that--
(1) the United States Merchant Marine has served the people
of the United States in all wars since 1775;
(2) the United States Merchant Marine served as the
Nation's first navy and defeated the British Navy to help
gain the Nation's independence;
(3) the United States Merchant Marine kept the lifeline of
freedom open to the allies of the United States during the
Second World War, making one of the most significant
contributions made by any nation to the victory of the allies
in that war;
(4) President Franklin D. Roosevelt and many military
leaders praised the role of the United States Merchant Marine
as the ``Fourth Arm of Defense'' during the Second World War;
(5) more than 250,000 men and women served in the United
States Merchant Marine during the Second World War;
(6) during the Second World War, members of the United
States Merchant Marine faced dangers from the elements and
from submarines, mines, armed raiders, destroyers, aircraft,
and ``kamikaze'' pilots;
(7) during the Second World War, at least 6,830 members of
the United States Merchant Marine were killed at sea;
(8) during the Second World War, 11,000 members of the
United States Merchant Marine were wounded, at least 1,100 of
whom later died from their wounds;
(9) during the Second World War, 604 members of the United
States Merchant Marine were taken prisoner;
(10) 1 in 32 members of the United States Merchant Marine
serving in the Second World War died in the line of duty,
suffering a higher percentage of war-related deaths than any
of the other armed services of the United States; and
(11) the United States Merchant Marine continues to serve
the United States, promoting freedom and meeting the high
ideals of its former members.
(b) Grants To Construct Addition to American Merchant
Marine Memorial Wall of Honor.--
(1) In general.--The Secretary of Transportation may make
grants to the American Merchant Marine Veterans Memorial
Committee, Inc., to construct an addition to the American
Merchant Marine Memorial Wall of Honor located at the Los
Angeles Maritime Museum in San Pedro, California.
(2) Federal share.--The Federal share of the cost of
activities carried out with a grant made under this section
shall be 50 percent.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $500,000 for
fiscal year 2002.

SEC. 204. DISCHARGE OF AGRICULTURAL CARGO RESIDUE.

Notwithstanding any other provision of law, the discharge
from a vessel of any agricultural cargo residue material in
the form of hold washings shall be governed exclusively by
the provisions of the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.) that implement Annex V to the
International Convention for the Prevention of Pollution from
Ships.

SEC. 205. RECORDING AND DISCHARGING NOTICES OF CLAIM OF
MARITIME LIEN.

(a) Liens on Any Documented Vessel.--
(1) In general.--Section 31343 of title 46, United States
Code, is amended as follows:
(A) By amending the section heading to read as follows:

``Sec. 31343. Recording and discharging notices of claim of
maritime lien''.

(B) In subsection (a) by striking ``covered by a preferred
mortgage filed or recorded under this chapter'' and inserting
``documented, or for which an application for documentation
has been filed, under chapter 121''.
(C) By amending subsection (b) to read as follows:
``(b)(1) The Secretary shall record a notice complying with
subsection (a) of this section if, when the notice is
presented to the Secretary for recording, the person having
the claim files with the notice a declaration stating the
following:
``(A) The information in the notice is true and correct to
the best of the knowledge, information, and belief of the
individual who signed it.
``(B) A copy of the notice, as presented for recordation,
has been sent to each of the following:
``(i) The owner of the vessel.
``(ii) Each person that recorded under section 31343(a) of
this title an unexpired notice of a claim of an undischarged
lien on the vessel.
``(iii) The mortgagee of each mortgage filed or recorded
under section 31321 of this title that is an undischarged
mortgage on the vessel.
``(2) A declaration under this subsection filed by a person
that is not an individual must be signed by the president,
member, partner, trustee, or other individual authorized to
execute the declaration on behalf of the person.''.
(D) By amending subsection (c) to read as follows:
``(c)(1) On full and final discharge of the indebtedness
that is the basis for a notice of claim of lien recorded
under subsection (b) of this section, the person having the
claim shall provide the Secretary with an acknowledged
certificate of discharge of the indebtedness. The Secretary
shall record the certificate.
``(2) The district courts of the United States shall have
jurisdiction over a civil action to declare that a vessel is
not subject to a lien claimed under subsection (b) of this
section, or that the vessel is not subject to the notice of
claim of lien, or both, regardless of the amount in
controversy or the citizenship of the parties. Venue in such
an action shall be in the district where the vessel is found,
or where the claimant resides, or where the notice of claim
of lien is recorded. The court may award costs and attorneys
fees to the prevailing party, unless the court finds that the
position of the other party was substantially justified or
other circumstances make an award of costs and attorneys fees
unjust. The Secretary shall record any such declaratory
order.''.
(E) By adding at the end the following:
``(e) A notice of claim of lien recorded under subsection
(b) of this section shall expire 3 years after the date the
lien was established, as such date is stated in the notice
under subsection (a) of this section.
``(f) This section does not alter in any respect the law
pertaining to the establishment of a maritime lien, the
remedy provided by such a lien, or the defenses thereto,
including any defense under the doctrine of laches.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 313 of title 46, United States Code, is
amended by striking the item relating to section 31343 and
inserting the following:

``31343. Recording and discharging notices of claim of maritime
lien.''.
(b) Notice Requirements.--Section 31325 of title 46, United
States Code, is amended as follows:
(1) In subsection (d)(1)(B) by striking ``a notice of a
claim'' and inserting ``an unexpired notice of a claim''.
(2) In subsection (f)(1) by striking ``a notice of a
claim'' and inserting ``an unexpired notice of a claim''.
(c) Approval of Surrender of Documentation.--Section 12111
of title 46, United States Code, is amended by adding at the
end the following:
``(d)(1) The Secretary shall not refuse to approve the
surrender of the certificate of documentation for a vessel
solely on the basis that a notice of a claim of a lien on the
vessel has been recorded under section 31343(a) of this
title.
``(2) The Secretary may condition approval of the surrender
of the certificate of documentation for a vessel over 1,000
gross tons.''.
(d) Technical Correction.--Section 9(c) of the Shipping
Act, 1916 (46 App. U.S.C. 808(c)) is amended in the matter
preceding paragraph (1) by striking ``Except'' and all that
follows ``12106(e) of title 46,'' and inserting ``Except as
provided in section 611 of the Merchant Marine Act, 1936 (46
App. U.S.C. 1181) and in section 12106(e) of title 46,''.
(e) Effective Date.--This section shall take effect July 1,
2002.

SEC. 206. TONNAGE OF R/V DAVIDSON.

(a) In General.--The Secretary of Transportation shall
prescribe a tonnage measurement as a small passenger vessel
as defined in section 2101 of title 46, United States Code,
for the vessel R/V DAVIDSON (United States official number
D1066485) for purposes of applying the optional regulatory
measurement under section 14305 of that title.
(b) Application.--Subsection (a) shall apply only when the
vessel is operating in compliance with the requirements of
section 3301(8) of title 46, United States Code.

SEC. 207. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.

Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883), section 8 of the Act of June 19, 1886
(24 Stat. 81, chapter 421; 46 App. U.S.C. 289), and sections
12106 and 12108 of title 46, United States Code, the
Secretary of Transportation may issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the following vessels:
(1) LOOKING GLASS (United States official number 925735).
(2) YANKEE (United States official number 1076210).
(3) LUCKY DOG of St. Petersburg, Florida (State of Florida
registration number FLZP7569E373).
(4) ENTERPRIZE (United States official number 1077571).

[[Page H10408]]

(5) M/V SANDPIPER (United States official number 1079439).
(6) FRITHA (United States official number 1085943).
(7) PUFFIN (United States official number 697029).
(8) VICTORY OF BURNHAM (United States official number
663780).
(9) R'ADVENTURE II (United States official number 905373).
(10) ANTJA (State of Florida registration number FL3475MA).
(11) SKIMMER, manufactured by Contour Yachts, Inc. (hull
identification number QHG34031D001).
(12) TOKEENA (State of South Carolina registration number
SC 1602 BJ).
(13) DOUBLE EAGLE2 (United States official number 1042549).
(14) ENCOUNTER (United States official number 998174).
(15) AJ (United States official number 599164).
(16) BARGE 10 (United States official number 1101368).
(17) NOT A SHOT (United States official number 911064).
(18) PRIDE OF MANY (Canadian official number 811529).
(19) AMAZING GRACE (United States official number 92769).
(20) SHEWHO (United States official number 1104094).

SEC. 208. EXEMPTION FOR VICTORY SHIPS.

Section 3302(l)(1) of title 46, United States Code, is
amended by adding at the end the following:
``(D) The steamship SS Red Oak Victory (United States
official number 249410), owned by the Richmond Museum
Association, located in Richmond, California.
``(E) The SS American Victory (United States official
number 248005), owned by Victory Ship, Inc., of Tampa,
Florida.''.

SEC. 209. CERTIFICATE OF DOCUMENTATION FOR 3 BARGES.

(a) Documentation Certificate.--Notwithstanding section
12106 of title 46, United States Code, and section 27 of the
Merchant Marine Act, 1920 (46 App. U.S.C. 883), and subject
to subsection (c) of this section, the Secretary of
Transportation may issue a certificate of documentation with
an appropriate endorsement for employment in the coastwise
trade for each of the vessels listed in subsection (b).
(b) Vessels Described.--The vessels referred to in
subsection (a) are the following:
(1) The former Navy deck barge JIM, having a length of 110
feet and a width of 34 feet.
(2) The former railroad car barge HUGH, having a length of
185 feet and a width of 34 feet.
(3) The former railroad car barge TOMMY, having a length of
185 feet and a width of 34 feet.
(c) Limitation on Operation.--A vessel issued a certificate
of documentation under this section may be used only as a
floating platform for launching fireworks, including
transportation of materials associated with that use.

SEC. 210. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE.

Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883), chapter 121 of title 46, United States
Code, and section 1 of the Act of May 28, 1906 (46 App.
U.S.C. 292), the Secretary of Transportation shall issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel EAGLE (hull
number BK-1754, United States official number 1091389) if the
vessel is--
(1) owned by a State, a political subdivision of a State,
or a public authority chartered by a State;
(2) if chartered, chartered to a State, a political
subdivision of a State, or a public authority chartered by a
State;
(3) operated only in conjunction with--
(A) scour jet operations; or
(B) dredging services adjacent to facilities owned by the
State, political subdivision, or public authority; and
(4) externally identified clearly as a vessel of that
State, subdivision or authority.

SEC. 211. WAIVER FOR VESSELS IN NEW WORLD CHALLENGE RACE.

Notwithstanding section 8 of the Act of June 19, 1886 (46
App. U.S.C. 289), beginning on April 1, 2002, the 10
sailboats participating in the New World Challenge Race may
transport guests, who have not contributed consideration for
their passage, from and around the ports of San Francisco and
San Diego, California, before and during stops of that race.
This section shall have no force or effect beginning on the
earlier of--
(1) 60 days after the last competing sailboat reaches the
end of that race in San Francisco, California; or
(2) December 31, 2003.

SEC. 212. VESSEL ASPHALT COMMANDER.

Notwithstanding any other law or agreement with the United
States Government, the vessel ASPHALT COMMANDER (United
States official number 663105) may be transferred to or
placed under a foreign registry or sold to a person that is
not a citizen of the United States and transferred to or
placed under a foreign registry.

TITLE III--COAST GUARD PERSONNEL AND MARITIME SAFETY

SEC. 301. SHORT TITLE.

This title may be cited as the ``Coast Guard Personnel and
Maritime Safety Act of 2001''.

Subtitle A--Personnel Management

SEC. 311. COAST GUARD BAND DIRECTOR RANK.

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

SEC. 312. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

(a) In General.--Section 511 of title 14, United States
Code, is amended to read as follows:

``Sec. 511. Compensatory absence from duty for military
personnel at isolated duty stations

``The Secretary may grant compensatory absence from duty to
military personnel of the Coast Guard serving at isolated
duty stations of the Coast Guard when conditions of duty
result in confinement because of isolation or in long periods
of continuous duty.''.
(b) Clerical Amendment.--The chapter analysis for chapter
13 of title 14, United States Code, is amended by striking
the item relating to section 511 and inserting the following:

``511. Compensatory absence from duty for military personnel at
isolated duty stations.''.

SEC. 313. ACCELERATED PROMOTION OF CERTAIN COAST GUARD
OFFICERS.

Title 14, United States Code, is amended--
(1) in section 259, by adding at the end a new subsection
(c) to read as follows:
``(c)(1) After selecting the officers to be recommended for
promotion, a selection board may recommend officers of
particular merit, from among those officers chosen for
promotion, to be placed at the top of the list of selectees
promulgated by the Secretary under section 271(a) of this
title. The number of officers that a board may recommend to
be placed at the top of the list of selectees may not exceed
the percentages set forth in subsection (b) unless such a
percentage is a number less than one, in which case the board
may recommend one officer for such placement. No officer may
be recommended to be placed at the top of the list of
selectees unless he or she receives the recommendation of at
least a majority of the members of a board composed of five
members, or at least two-thirds of the members of a board
composed of more than five members.
``(2) The Secretary shall conduct a survey of the Coast
Guard officer corps to determine if implementation of this
subsection will improve Coast Guard officer retention. A
selection board may not make any recommendation under this
subsection before the date on which the Secretary publishes a
finding, based upon the results of the survey, that
implementation of this subsection will improve Coast Guard
officer retention.
``(3) The Secretary shall submit any finding made by the
Secretary pursuant to paragraph (2) to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.'';
(2) in section 260(a), by inserting ``and the names of
those officers recommended to be advanced to the top of the
list of selectees established by the Secretary under section
271(a) of this title'' after ``promotion''; and
(3) in section 271(a), by inserting at the end thereof the
following: ``The names of all officers approved by the
President and recommended by the board to be placed at the
top of the list of selectees shall be placed at the top of
the list of selectees in the order of seniority on the active
duty promotion list.''.

Subtitle B--Marine Safety

SEC. 321. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-
BRIDGE RADIOTELEPHONE ACT.

Section 4(b) of the Vessel Bridge-to-Bridge Radiotelephone
Act (33 U.S.C. 1203(b)), is amended by striking ``United
States inside the lines established pursuant to section 2 of
the Act of February 19, 1895 (28 Stat. 672), as amended.''
and inserting ``United States, which includes all waters of
the territorial sea of the United States as described in
Presidential Proclamation 5928 of December 27, 1988.''.

SEC. 322. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS.

Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to
any report required to be submitted under any of the
following provisions of law:
(1) Coast guard operations and expenditures.--Section 651
of title 14, United States Code.
(2) Summary of marine casualties reported during prior
fiscal year.--Section 6307(c) of title 46, United States
Code.
(3) User fee activities and amounts.--Section 664 of title
46, United States Code.
(4) Conditions of public ports of the united states.--
Section 308(c) of title 49, United States Code.
(5) Activities of federal maritime commission.--Section 208
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1118).
(6) Activities of interagency coordinating committee on oil
pollution research.--Section 7001(e) of the Oil Pollution Act
of 1990 (33 U.S.C. 2761(e)).

SEC. 323. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND
ADVANCEMENT AUTHORITY.

Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C.
2752(b)) is amended after the first sentence by inserting
``To the extent that such amount is not adequate for removal
of a discharge or the mitigation or prevention of a
substantial threat of a discharge, the Coast Guard may obtain
an advance from the Fund such sums as may be

[[Page H10409]]

necessary, up to a maximum of $100,000,000, and within 30
days shall notify Congress of the amount advanced and the
facts and circumstances necessitating the advance. Amounts
advanced shall be repaid to the Fund when, and to the extent
that removal costs are recovered by the Coast Guard from
responsible parties for the discharge or substantial threat
of discharge.''.

SEC. 324. MERCHANT MARINER DOCUMENTATION REQUIREMENTS.

(a) Interim Merchant Mariners' Documents.--Section 7302 of
title 46, United States Code, is amended--
(1) by striking ``A'' in subsection (f) and inserting
``Except as provided in subsection (g), a''; and
(2) by adding at the end the following:
``(g)(1) The Secretary may, pending receipt and review of
information required under subsections (c) and (d),
immediately issue an interim merchant mariner's document
valid for a period not to exceed 120 days, to--
``(A) an individual to be employed as gaming personnel,
entertainment personnel, wait staff, or other service
personnel on board a passenger vessel not engaged in foreign
service, with no duties, including emergency duties, related
to the navigation of the vessel or the safety of the vessel,
its crew, cargo or passengers; or
``(B) an individual seeking renewal of, or qualifying for a
supplemental endorsement to, a valid merchant mariner's
document issued under this section.
``(2) No more than one interim document may be issued to an
individual under paragraph (1)(A) of this subsection.''.
(b) Exception.--Section 8701(a) of title 46, United States
Code, is amended--
(1) by striking ``and'' after the semicolon in paragraph
(8);
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following:
``(9) a passenger vessel not engaged in a foreign voyage
with respect to individuals on board employed for a period of
not more than 30 service days within a 12 month period as
entertainment personnel, with no duties, including emergency
duties, related to the navigation of the vessel or the safety
of the vessel, its crew, cargo or passengers; and''.

SEC. 325. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING
WITH SAFE OPERATION.

Section 2302(a) of title 46, United States Code, is amended
by striking ``$1,000.'' and inserting ``$5,000 in the case of
a recreational vessel, or $25,000 in the case of any other
vessel.''.

Subtitle C--Renewal of Advisory Groups

SEC. 331. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY
COMMITTEE.

(a) Commercial Fishing Industry Vessel Advisory
Committee.--Section 4508 of title 46, United States Code, is
amended--
(1) by inserting ``Safety'' in the heading after
``Vessel'';
(2) by inserting ``Safety'' in subsection (a) after
``Vessel'';
(3) by striking ``(5 App. U.S.C. 1 et seq.)'' in subsection
(e)(1)(I) and inserting ``(5 App. U.S.C.)''; and
(4) by striking ``of September 30, 2000'' and inserting
``on September 30, 2005''.
(b) Conforming Amendment.--The chapter analysis for chapter
45 of title 46, United States Code, is amended by striking
the item relating to section 4508 and inserting the
following:

``4508. Commercial Fishing Industry Vessel Safety Advisory
Committee.''.

SEC. 332. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY
COMMITTEE.

Section 18(h) of the Coast Guard Authorization Act of 1991
(Public Law 102-241) is amended by striking ``September 30,
2000.'' and inserting ``September 30, 2005.''.

SEC. 333. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY
COMMITTEE.

Section 19 of the Coast Guard Authorization Act of 1991
(Public Law 102-241) is amended by striking ``September 30,
2000'' in subsection (g) and inserting ``September 30,
2005''.

SEC. 334. NAVIGATION SAFETY ADVISORY COUNCIL.

Section 5 of the Inland Navigational Rules Act of 1980 (33
U.S.C. 2073) is amended by striking ``September 30, 2000'' in
subsection (d) and inserting ``September 30, 2005''.

SEC. 335. NATIONAL BOATING SAFETY ADVISORY COUNCIL.

Section 13110 of title 46, United States Code, is amended
by striking ``September 30, 2000'' in subsection (e) and
inserting ``September 30, 2005''.

SEC. 336. TOWING SAFETY ADVISORY COMMITTEE.

The Act entitled ``An Act to Establish a Towing Safety
Advisory Committee in the Department of Transportation'' (33
U.S.C. 1231a) is amended by striking ``September 30, 2000.''
in subsection (e) and inserting ``September 30, 2005.''.

Subtitle D--Miscellaneous

SEC. 341. PATROL CRAFT.

Notwithstanding any other provision of law, the Secretary
of Transportation may accept, by direct transfer without
cost, for use by the Coast Guard primarily for expanded drug
interdiction activities required to meet national supply
reduction performance goals, up to 7 PC-170 patrol craft from
the Department of Defense if it offers to transfer such
craft.

SEC. 342. CLARIFICATION OF COAST GUARD AUTHORITY TO CONTROL
VESSELS IN TERRITORIAL WATERS OF THE UNITED
STATES.

The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.)
is amended by adding at the end the following:

``SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DIRECTION
OF VESSELS BY COAST GUARD.

``(a) Notification of Coast Guard.--Under regulations
prescribed by the Secretary, a commercial vessel entering the
territorial sea of the United States shall notify the
Secretary not later than 96 hours before that entry and
provide the following information regarding the vessel:
``(1) The name of the vessel.
``(2) The route and port or place of destination in the
United States.
``(3) The time of entry into the territorial sea.
``(4) Any information requested by the Secretary to
demonstrate compliance with applicable international
agreements to which the United States is a party.
``(5) If the vessel is carrying dangerous cargo, a
description of that cargo.
``(6) A description of any hazardous conditions on the
vessel.
``(7) Any other information requested by the Secretary.
``(b) Denial of Entry.--The Secretary may deny entry of a
vessel into the territorial sea of the United States if--
``(1) the Secretary has not received notification for the
vessel in accordance with subsection (a); or
``(2) the vessel is not in compliance with any other
applicable law relating to marine safety, security, or
environmental protection.
``(c) Direction of Vessel.--The Secretary may direct the
operation of any vessel in the navigable waters of the United
States as necessary during hazardous circumstances, including
the absence of a pilot required by State or Federal law,
weather, casualty, vessel traffic, or the poor condition of
the vessel.
``(d) Implementation.--The Secretary shall implement this
section consistent with section 4(d).''.

SEC. 343. CARIBBEAN SUPPORT TENDER.

(a) In General.--The Coast Guard may operate and maintain a
Caribbean Support Tender (or similar type vessel) to provide
technical assistance, including law enforcement training, for
foreign coast guards, navies, and other maritime services.
(b) Medical and Dental Care for Caribbean Support Tender
Personnel and Dependents.--
(1) Provision.--The Commandant may provide medical and
dental care to foreign military Caribbean Support Tender
personnel and their dependents accompanying them in the
United States--
(A) on an outpatient basis without cost; and
(B) on an inpatient basis if the United States is
reimbursed for the costs of providing such care.
(2) Crediting of payments.--Payments received as
reimbursement for the provision of such care shall be
credited to the appropriations against which the charges were
made for the provision of such care.
(3) Inpatient care without cost.--Notwithstanding paragraph
(1)(B), the Commandant may provide inpatient medical and
dental care in the United States without cost to foreign
military Caribbean Support Tender personnel and their
dependents accompanying them in the United States if
comparable care is made available to a comparable number of
United States military personnel in that foreign country.

SEC. 344. PROHIBITION OF NEW MARITIME USER FEES.

Section 2110(k) of title 46, United States Code, is amended
by striking ``2001'' and inserting ``2006''.

SEC. 345. GREAT LAKES LIGHTHOUSES.

(a) Findings.--The Congress finds the following:
(1) The Great Lakes are home to more than 400 lighthouses.
120 of these maritime landmarks are in the State of Michigan.
(2) Lighthouses are an important part of Great Lakes
culture and stand as a testament to the importance of
shipping in the region's political, economic, and social
history.
(3) Advances in navigation technology have made many Great
Lakes lighthouses obsolete. In Michigan alone, approximately
70 lighthouses will be designated as excess property of the
Federal Government and will be transferred to the General
Services Administration for disposal.
(4) Unfortunately, the Federal property disposal process is
confusing, complicated, and not well-suited to disposal of
historic lighthouses or to facilitate transfers to nonprofit
organizations. This is especially troubling because, in many
cases, local nonprofit historical organizations have
dedicated tremendous resources to preserving and maintaining
Great Lakes lighthouses.
(5) If Great Lakes lighthouses disappear, the public will
be unaware of an important chapter in Great Lakes history.
(6) The National Trust for Historic Preservation has placed
Michigan lighthouses on their list of Most Endangered
Historic Places.
(b) Assistance for Great Lakes Lighthouse Preservation
Efforts.--The Secretary of Transportation, acting through the
Coast Guard, shall--
(1) continue to offer advice and technical assistance to
organizations in the Great Lakes region that are dedicated to
lighthouse stewardship; and

[[Page H10410]]

(2) promptly release information regarding the timing of
designations of Coast Guard lighthouses on the Great Lakes as
excess to the needs of the Coast Guard, to enable those
organizations to mobilize and be prepared to take appropriate
action with respect to the disposal of those properties.

SEC. 346. MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE
SYSTEM.

(a) Report.--The Secretary of Transportation shall prepare
a status report on the modernization of the National Distress
and Response System and transmit the report, not later than
60 days after the date of enactment of this Act, and annually
thereafter until completion of the project, to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives.
(b) Contents.--The report required by subsection (a)
shall--
(1) set forth the scope of the modernization, the schedule
for completion of the System, and information on progress in
meeting the schedule and on any anticipated delays;
(2) specify the funding expended to-date on the System, the
funding required to complete the System, and the purposes for
which the funds were or will be expended;
(3) describe and map the existing public and private
communications coverage throughout the waters of the coastal
and internal regions of the continental United States,
Alaska, Hawaii, Guam, and the Caribbean, and identify
locations that possess direction-finding, asset-tracking
communications, and digital selective calling service;
(4) identify areas of high risk to boaters and Coast Guard
personnel due to communications gaps;
(5) specify steps taken by the Secretary to fill existing
gaps in coverage, including obtaining direction-finding
equipment, digital recording systems, asset-tracking
communications, use of commercial VHF services, and digital
selective calling services that meet or exceed Global
Maritime Distress and Safety System requirements adopted
under the International Convention for the Safety of Life at
Sea;
(6) identify the number of VHF-FM radios equipped with
digital selective calling sold to United States boaters;
(7) list all reported marine accidents, casualties, and
fatalities occurring in areas with existing communications
gaps or failures, including incidents associated with gaps in
VHF-FM coverage or digital selected calling capabilities and
failures associated with inadequate communications equipment
aboard the involved vessels during calendar years 1997
forward;
(8) identify existing systems available to close identified
marine safety gaps before January 1, 2003, including
expeditious receipt and response by appropriate Coast Guard
operations centers to VHF-FM digital selective calling
distress signal; and
(9) identify actions taken to-date to implement the
recommendations of the National Transportation Safety Board
in its Report No. MAR-99-01.

SEC. 347. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND,
MAINE.

(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation, or a
designee of the Secretary, may convey to the Gulf of Maine
Aquarium Development Corporation, its successors and assigns,
without payment for consideration, all right, title, and
interest of the United States in and to approximately 4.13
acres of land, including a pier and bulkhead, known as the
Naval Reserve Pier property, together with any improvements
thereon in their then current condition, located in Portland,
Maine. All conditions placed with the deed of title shall be
construed as covenants running with the land.
(2) Identification of property.--The Secretary, in
consultation with the Commandant of the Coast Guard, may
identify, describe, and determine the property to be conveyed
under this section. The floating docks associated with or
attached to the Naval Reserve Pier property shall remain the
personal property of the United States.
(b) Lease to the United States.--
(1) Condition of conveyance.--The Naval Reserve Pier
property shall not be conveyed until the Corporation enters
into a lease agreement with the United States, the terms of
which are mutually satisfactory to the Commandant and the
Corporation, in which the Corporation shall lease a portion
of the Naval Reserve Pier property to the United States for a
term of 30 years without payment of consideration. The lease
agreement shall be executed within 12 months after the date
of enactment of this Act.
(2) Identification of leased premises.--The Secretary, in
consultation with the Commandant, may identify and describe
the leased premises and rights of access, including the
following, in order to allow the Coast Guard to operate and
perform missions from and upon the leased premises:
(A) The right of ingress and egress over the Naval Reserve
Pier property, including the pier and bulkhead, at any time,
without notice, for purposes of access to Coast Guard vessels
and performance of Coast Guard missions and other mission-
related activities.
(B) The right to berth Coast Guard cutters or other vessels
as required, in the moorings along the east side of the Naval
Reserve Pier property, and the right to attach floating docks
which shall be owned and maintained at the United States'
sole cost and expense.
(C) The right to operate, maintain, remove, relocate, or
replace an aid to navigation located upon, or to install any
aid to navigation upon, the Naval Reserve Pier property as
the Coast Guard, in its sole discretion, may determine is
needed for navigational purposes.
(D) The right to occupy up to 3,000 gross square feet at
the Naval Reserve Pier property for storage and office space,
which will be provided and constructed by the Corporation, at
the Corporation's sole cost and expense, and which will be
maintained, and utilities and other operating expenses paid
for, by the United States at its sole cost and expense.
(E) The right to occupy up to 1,200 gross square feet of
offsite storage in a location other than the Naval Reserve
Pier property, which will be provided by the Corporation at
the Corporation's sole cost and expense, and which will be
maintained, and utilities and other operating expenses paid
for, by the United States at its sole cost and expense.
(F) The right for Coast Guard personnel to park up to 60
vehicles, at no expense to the government, in the
Corporation's parking spaces on the Naval Reserve Pier
property or in parking spaces that the Corporation may secure
within 1,000 feet of the Naval Reserve Pier property or
within 1,000 feet of the Coast Guard Marine Safety Office
Portland. Spaces for no less than 30 vehicles shall be
located on the Naval Reserve Pier property.
(3) Renewal.--The lease described in paragraph (1) may be
renewed, at the sole option of the United States, for
additional lease terms.
(4) Limitation on subleases.--The United States may not
sublease the leased premises to a third party or use the
leased premises for purposes other than fulfilling the
missions of the Coast Guard and for other mission related
activities.
(5) Termination.--In the event that the Coast Guard ceases
to use the leased premises, the Secretary, in consultation
with the Commandant, may terminate the lease with the
Corporation.
(c) Improvement of Leased Premises.--
(1) In general.--The Naval Reserve Pier property shall not
be conveyed until the Corporation enters into an agreement
with the United States, subject to the Commandant's design
specifications, project's schedule, and final project
approval, to replace the bulkhead and pier which connects to,
and provides access from, the bulkhead to the floating docks,
at the Corporation's sole cost and expense, on the east side
of the Naval Reserve Pier property within 30 months from the
date of conveyance. The agreement to improve the leased
premises shall be executed within 12 months after the date of
enactment of this Act.
(2) Further improvements.--In addition to the improvements
described in paragraph (1), the Commandant may to further
improve the leased premises during the lease term, at the
United States sole cost and expense.
(d) Utility Installation and Maintenance Obligations.--
(1) Utilities.--The Naval Reserve Pier property shall not
be conveyed until the Corporation enters into an agreement
with the United States to allow the United States to operate
and maintain existing utility lines and related equipment, at
the United States sole cost and expense. At such time as the
Corporation constructs its proposed public aquarium, the
Corporation shall replace existing utility lines and related
equipment and provide additional utility lines and equipment
capable of supporting a third 110-foot Coast Guard cutter,
with comparable, new, code compliant utility lines and
equipment at the Corporation's sole cost and expense,
maintain such utility lines and related equipment from an
agreed upon demarcation point, and make such utility lines
and equipment available for use by the United States,
provided that the United States pays for its use of utilities
at its sole cost and expense. The agreement concerning the
operation and maintenance of utility lines and equipment
shall be executed within 12 months after the date of
enactment of this Act.
(2) Maintenance.--The Naval Reserve Pier property shall not
be conveyed until the Corporation enters into an agreement
with the United States to maintain, at the Corporation's sole
cost and expense, the bulkhead and pier on the east side of
the Naval Reserve Pier property. The agreement concerning the
maintenance of the bulkhead and pier shall be executed within
12 months after the date of enactment of this Act.
(3) Aids to navigation.--The United States shall be
required to maintain, at its sole cost and expense, any Coast
Guard active aid to navigation located upon the Naval Reserve
Pier property.
(e) Additional Rights.--The conveyance of the Naval Reserve
Pier property shall be made subject to conditions the
Secretary considers necessary to ensure that--
(1) the Corporation shall not interfere or allow
interference, in any manner, with use of the leased premises
by the United States; and
(2) the Corporation shall not interfere or allow
interference, in any manner, with any aid to navigation nor
hinder activities required for the operation and maintenance
of any aid to navigation, without the express written
permission of the head of the agency responsible for
operating and maintaining the aid to navigation.
(f) Remedies and Reversionary Interest.--The Naval Reserve
Pier property, at the option of the Secretary, shall revert
to

[[Page H10411]]

the United States and be placed under the administrative
control of the Secretary, if, and only if, the Corporation
fails to abide by any of the terms of this section or any
agreement entered into under subsection (b), (c), or (d) of
this section.
(g) Liability of the Parties.--The liability of the United
States and the Corporation for any injury, death, or damage
to or loss of property occurring on the leased property shall
be determined with reference to existing State or Federal
law, as appropriate, and any such liability may not be
modified or enlarged by this title or any agreement of the
parties.
(h) Expiration of Authority To Convey.--The authority to
convey the Naval Reserve property under this section shall
expire 3 years after the date of enactment of this Act.
(i) Definitions.--In this section:
(1) Aid to navigation.--The term ``aid to navigation''
means equipment used for navigational purposes, including but
not limited to, a light, antenna, sound signal, electronic
navigation equipment, cameras, sensors power source, or other
related equipment which are operated or maintained by the
United States.
(2) Corporation.--The term ``Corporation'' means the Gulf
of Maine Aquarium Development Corporation, its successors and
assigns.

SEC. 348. HARBOR SAFETY COMMITTEES.

(a) Study.--The Coast Guard shall study existing harbor
safety committees in the United States to identify--
(1) strategies for gaining successful cooperation among the
various groups having an interest in the local port or
waterway;
(2) organizational models that can be applied to new or
existing harbor safety committees or to prototype harbor
safety committees established under subsection (b);
(3) technological assistance that will help harbor safety
committees overcome local impediments to safety, mobility,
environmental protection, and port security; and
(4) recurring resources necessary to ensure the success of
harbor safety committees.
(b) Prototype Committees.--The Coast Guard shall test the
feasibility of expanding the harbor safety committee concept
to small and medium-sized ports that are not generally served
by a harbor safety committee by establishing 1 or more
prototype harbor safety committees. In selecting a location
or locations for the establishment of a prototype harbor
safety committee, the Coast Guard shall--
(1) consider the results of the study conducted under
subsection (a);
(2) consider identified safety issues for a particular
port;
(3) compare the potential benefits of establishing such a
committee with the burdens the establishment of such a
committee would impose on participating agencies and
organizations;
(4) consider the anticipated level of support from
interested parties; and
(5) take into account such other factors as may be
appropriate.
(c) Effect on Existing Programs and State Law.--Nothing in
this section--
(1) limits the scope or activities of harbor safety
committees in existence on the date of enactment of this Act;
(2) precludes the establishment of new harbor safety
committees in locations not selected for the establishment of
a prototype committee under subsection (b); or
(3) preempts State law.
(d) Nonapplication of FACA.--The Federal Advisory Committee
Act (5 App. U.S.C.) does not apply to harbor safety
committees established under this section or any other
provision of law.
(e) Harbor Safety Committee Defined.--In this section, the
term ``harbor safety committee'' means a local coordinating
body--
(1) whose responsibilities include recommending actions to
improve the safety of a port or waterway; and
(2) the membership of which includes representatives of
government agencies, maritime labor, maritime industry
companies and organizations, environmental groups, and public
interest groups.

SEC. 349. MISCELLANEOUS CONVEYANCES.

(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation may
convey, by an appropriate means of conveyance, all right,
title, and interest of the United States in and to each of
the following properties:
(A) Coast Guard Slip Point Light Station, located in
Clallam County, Washington, to Clallam County, Washington.
(B) The parcel of land on which is situated the Point Pinos
Light, located in Monterey County, California, to the city of
Pacific Grove, California.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
under this subsection.
(3) Limitation.--The Secretary may not under this section
convey--
(A) any historical artifact, including any lens or lantern,
located on the property at or before the time of the
conveyance; or
(B) any interest in submerged land.
(b) General Terms and Conditions.--
(1) In general.--Each conveyance of property under this
section shall be made--
(A) without payment of consideration; and
(B) subject to the terms and conditions required by this
section and other terms and conditions the Secretary may
consider appropriate, including the reservation of easements
and other rights on behalf of the United States.
(2) Reversionary interest.--In addition to any term or
condition established under this section, each conveyance of
property under this section shall be subject to the condition
that all right, title, and interest in the property shall
immediately revert to the United States, if--
(A) the property, or any part of the property--
(i) ceases to be available and accessible to the public, on
a reasonable basis, for educational, park, recreational,
cultural, historic preservation, or other similar purposes
specified for the property in the terms of conveyance;
(ii) ceases to be maintained in a manner that is consistent
with its present or future use as a site for Coast Guard aids
to navigation or compliance with this title; or
(iii) ceases to be maintained in a manner consistent with
the conditions in paragraph (4) established by the Secretary
pursuant to the National Historic Preservation Act (16 U.S.C.
470 et seq.); or
(B) at least 30 days before that reversion, the Secretary
provides written notice to the owner that the property is
needed for national security purposes.
(3) Maintenance of navigation functions.--Each conveyance
of property under this section shall be made subject to the
conditions that the Secretary considers to be necessary to
assure that--
(A) the lights, antennas, and associated equipment located
on the property conveyed, which are active aids to
navigation, shall continue to be operated and maintained by
the United States for as long as they are needed for this
purpose;
(B) the owner of the property may not interfere or allow
interference in any manner with aids to navigation without
express written permission from the Commandant;
(C) there is reserved to the United States the right to
relocate, replace, or add any aid to navigation or make any
changes to the property conveyed as may be necessary for
navigational purposes;
(D) the United States shall have the right, at any time, to
enter the property without notice for the purpose of
operating, maintaining and inspecting aids to navigation, and
for the purpose of enforcing compliance with this subsection;
and
(E) the United States shall have an easement of access to
and across the property for the purpose of maintaining the
aids to navigation in use on the property.
(4) Maintenance of property.--(A) Subject to subparagraph
(B), the owner of a property conveyed under this section
shall maintain the property in a proper, substantial, and
workmanlike manner, and in accordance with any conditions
established by the conveying authority pursuant to the
National Historic Preservation Act (16 U.S.C. 470 et seq.),
and other applicable laws.
(B) The owner of a property conveyed under this section is
not required to maintain any active aid to navigation
equipment on the property, except private aids to navigation
permitted under section 83 of title 14, United States Code.
(c) Special Terms and Conditions.--The Secretary may retain
all right, title, and interest of the United States in and to
any portion of any parcel referred to in subsection (a)(1)(B)
that the Secretary considers appropriate.
(d) Definitions.--In this section:
(1) Aids to navigation.--The term ``aids to navigation''
means equipment used for navigation purposes, including a
light, antenna, radio, sound signal, electronic navigation
equipment, or other associated equipment which are operated
or maintained by the United States.
(2) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(3) Owner.--The term ``owner'' means, for a property
conveyed under this section, the person identified in
subsection (a)(1) of the property, and includes any successor
or assign of that person.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.

SEC. 350. BOATING SAFETY.

(a) Federal Funding.--Section 4(b)(3) of the Act of August
9, 1950 (16 U.S.C. 777c(b)(3)) is amended by striking
``$82,000,000'' and inserting ``$83,000,000''.
(b) State Funding.--Section 13102(a)(3) of title 46, United
States Code, is amended by striking ``general State revenue''
and inserting ``State funds, including amounts expended for
the State's recreational boating safety program by a State
agency, a public corporation established under State law, or
any other State instrumentality, as determined by the
Secretary''.

TITLE IV--OMNIBUS MARITIME IMPROVEMENTS

SEC. 401. SHORT TITLE.

This title may be cited as the ``Omnibus Maritime and Coast
Guard Improvements Act of 2001''.

SEC. 402. EXTENSION OF COAST GUARD HOUSING AUTHORITIES.

(a) Housing Contractors.--Section 681(a) of title 14,
United States Code, is amended by inserting ``, including a
small business concern qualified under section 8(a) of the
Small Business Act (15 U.S.C. 637(a)),'' after ``private
persons''.
(b) Budget Authority Limitation.--Section 687(f) of title
14, United States Code, is amended by striking
``$20,000,000'' and inserting ``$40,000,000''.
(c) Demonstration Project.--Section 687 of title 14, United
States Code, is amended by

[[Page H10412]]

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

SEC. 403. INVENTORY OF VESSELS FOR CABLE LAYING, MAINTENANCE,
AND REPAIR.

(a) Inventory.--The Secretary of Transportation shall
develop, maintain, and periodically update an inventory of
vessels that are documented under chapter 121 of title 46,
United States Code, are 200 feet or more in length, and have
the capability to lay, maintain, or repair a submarine cable,
without regard to whether a particular vessel is classified
as a cable ship or cable vessel.
(b) Vessel information.--For each vessel listed in the
inventory, the Secretary shall include in the inventory--
(1) the name, length, beam, depth, and other distinguishing
characteristics of the vessel;
(2) the abilities and limitations of the vessel with
respect to the laying, maintaining, and repairing of a
submarine cable; and
(3) the name and address of the person to whom inquiries
regarding the vessel may be made.
(c) Publication.--The Secretary shall--
(1) not later than 60 days after the date of enactment of
this Act, publish in the Federal Register a current inventory
developed under subsection (a); and
(2) every six months thereafter, publish an updated
inventory.

SEC. 404. VESSEL ESCORT OPERATIONS AND TOWING ASSISTANCE.

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

SEC. 405. SEARCH AND RESCUE CENTER STANDARDS.

(a) In General.--Title 14, United States Code, is amended
by adding at the end of chapter 17 the following new section:

``Sec. 676. Search and rescue center standards

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

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

SEC. 406. VHF COMMUNICATIONS SERVICES.

The Secretary of Transportation may authorize a person
providing commercial VHF communications services to place
commercial VHF communications equipment on real property
under the administrative control of the Coast Guard
(including towers) subject to any terms agreed to by the
parties. The Secretary and that commercial VHF communications
service provider also may enter into an agreement providing
for VHF communications services to the Coast Guard (including
digital selective calling and radio direction finding
services) at a discounted rate or price based on providing
such access to real property under the administrative control
of the Coast Guard. Nothing in the section shall affect the
rights or obligations of the United States under section
704(c) of the Telecommunications Act of 1996 (47 U.S.C. 332
note) with respect to the availability of property, or under
section 359(d) of the Communications Act of 1934 (47 U.S.C.
357(d)) with respect to charges for transmission of distress
messages.

SEC. 407. LOWER COLUMBIA RIVER MARITIME FIRE AND SAFETY
ACTIVITIES.

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

SEC. 408. CONFORMING REFERENCES TO THE FORMER MERCHANT MARINE
AND FISHERIES COMMITTEE.

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

SEC. 409. RESTRICTION ON VESSEL DOCUMENTATION.

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

SEC. 410. HYPOTHERMIA PROTECTIVE CLOTHING REQUIREMENT.

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

SEC. 411. RESERVE OFFICER PROMOTIONS.

(a) Section 729(i) of title 14, United States Code, is
amended by inserting ``on the date a vacancy occurs, or as
soon thereafter as

[[Page H10413]]

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

SEC. 412. REGULAR LIEUTENANT COMMANDERS AND COMMANDERS;
CONTINUATION UPON FAILURE OF SELECTION FOR
PROMOTION.

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

SEC. 413. RESERVE STUDENT PRE-COMMISSIONING ASSISTANCE
PROGRAM.

(a) In General.--Chapter 21 of title 14, United States
Code, is amended by inserting after section 709 the following
new section:

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

``(a) The Secretary may provide financial assistance to an
eligible enlisted member of the Coast Guard Reserve, not on
active duty, for expenses of the member while the member is
pursuing on a full-time basis at an institution of higher
education a program of education approved by the Secretary
that leads to--
``(1) a baccalaureate degree in not more than five academic
years; or
``(2) a post-baccalaureate degree.
``(b)(1) To be eligible for financial assistance under this
section, an enlisted member of the Coast Guard Reserve must--
``(A) be enrolled on a full-time basis in a program of
education referred to in subsection (a) at any institution of
higher education; and
``(B) enter into a written agreement with the Coast Guard
described in paragraph (2).
``(2) A written agreement referred to in paragraph (1)(B)
is an agreement between the member and the Secretary in which
the member agrees--
``(A) to accept an appointment as a commissioned officer in
the Coast Guard Reserve, if tendered;
``(B) to serve on active duty for up to five years; and
``(C) under such terms and conditions as shall be
prescribed by the Secretary, to serve in the Coast Guard
Reserve until the eighth anniversary of the date of the
appointment.
``(c) Expenses for which financial assistance may be
provided under this section are--
``(1) tuition and fees charged by the institution of higher
education involved;
``(2) the cost of books;
``(3) in the case of a program of education leading to a
baccalaureate degree, laboratory expenses; and
``(4) such other expenses as deemed appropriate by the
Secretary.
``(d) The amount of financial assistance provided to a
member under this section shall be prescribed by the
Secretary, but may not exceed $25,000 for any academic year.
``(e) Financial assistance may be provided to a member
under this section for up to five consecutive academic years.
``(f) A member who receives financial assistance under this
section may be ordered to active duty in the Coast Guard
Reserve by the Secretary to serve in a designated enlisted
grade for such period as the Secretary prescribes, but not
more than four years, if the member--
``(1) completes the academic requirements of the program
and refuses to accept an appointment as a commissioned
officer in the Coast Guard Reserve when offered;
``(2) fails to complete the academic requirements of the
institution of higher education involved; or
``(3) fails to maintain eligibility for an original
appointment as a commissioned officer.
``(g)(1) If a member requests to be released from the
program and the request is accepted by the Secretary, or if
the member fails because of misconduct to complete the period
of active duty specified, or if the member fails to fulfill
any term or condition of the written agreement required to be
eligible for financial assistance under this section, the
financial assistance shall be terminated. The member shall
reimburse the United States in an amount that bears the same
ratio to the total cost of the education provided to such
person as the unserved portion of active duty bears to the
total period of active duty such person agreed to serve. The
Secretary shall have the option to order such reimbursement
without first ordering the member to active duty. An
obligation to reimburse the United States imposed under this
paragraph is for all purposes a debt owed to the United
States.
``(2) The Secretary may waive the service obligated under
subsection (f) of a member who is not physically qualified
for appointment and who is determined to be unqualified for
service as an enlisted member of the Coast Guard Reserve due
to a physical or medical condition that was not the result of
the member's own misconduct or grossly negligent conduct.
``(3) A discharge in bankruptcy under title 11 that is
entered less than 5 years after the termination of a written
agreement entered into under subsection (b) does not
discharge the individual signing the agreement from a debt
arising under such agreement or under paragraph (1).
``(h) As used in this section, `institution of higher
education' has the meaning given that term in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001).''.
(b) Clerical Amendment.--The analysis at the beginning of
chapter 21 of title 14, United States Code, is amended by
adding the following new item after the item relating to
section 709:

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

SEC. 414. CONTINUATION ON ACTIVE DUTY BEYOND THIRTY YEARS.

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

SEC. 415. PAYMENT OF DEATH GRATUITIES ON BEHALF OF COAST
GUARD AUXILIARISTS.

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

SEC. 416. ALIGN COAST GUARD SEVERANCE PAY AND REVOCATION OF
COMMISSION AUTHORITY WITH DEPARTMENT OF DEFENSE
AUTHORITY.

(a) In General.--Chapter 11 of title 14, United States
Code, is amended--
(1) in section 281--
(A) by striking ``three'' in the section heading and
inserting ``five''; and
(B) by striking ``three'' in the text and inserting
``five'';
(2) in section 283(b)(2)(A), by striking ``severance'' and
inserting ``separation'';
(3) in section 286--
(A) by striking ``severance'' in the section heading and
inserting ``separation''; and
(B) by striking subsection (b) and inserting the following:
``(b) An officer of the Regular Coast Guard who is
discharged under this section or section 282, 283, or 284 of
this title who has completed 6 or more, but less than 20,
continuous years of active service immediately before that
discharge or release is entitled to separation pay computed
under subsection (d)(1) of section 1174 of title 10.

[[Page H10414]]

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

SEC. 417. LONG-TERM LEASE AUTHORITY FOR LIGHTHOUSE PROPERTY.

(a) In General.--Chapter 17 of title 14, United States
Code, is amended by adding at the end a new section 672b to
read as follows:

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

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

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

SEC. 418. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTS.

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

SEC. 419. WING-IN-GROUND CRAFT.

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

SEC. 420. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS FOR
VESSELS.

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

[[Page H10415]]

SEC. 421. DELETION OF THUMBPRINT REQUIREMENT FOR MERCHANT
MARINERS' DOCUMENTS.

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

SEC. 422. TEMPORARY CERTIFICATES OF DOCUMENTATION FOR
RECREATIONAL VESSELS.

(a) Section 12103(a) of title 46, United States Code, is
amended by inserting ``, or a temporary certificate of
documentation,'' after ``certificate of documentation''.
(b)(1) Chapter 121 of title 46, United States Code, is
amended by adding after section 12103 the following:

``Sec. 12103a. Issuance of temporary certificate of
documentation by third parties

``(a) The Secretary of Transportation may delegate, subject
to the supervision and control of the Secretary and under
terms set out by regulation, to private entities determined
and certified by the Secretary to be qualified, the authority
to issue a temporary certificate of documentation for a
recreational vessel, if the applicant for the certificate of
documentation meets the requirements set out in sections
12102 and 12103 of this chapter.
``(b) A temporary certificate of documentation issued under
section 12103(a) and subsection (a) of this section is valid
for up to 30 days from issuance.''.
(2) The table of sections at the beginning of chapter 121
of title 46, United States Code, is amended by inserting
after the item relating to section 12103 the following:

``12103a. Issuance of temporary certificate of documentation by third
parties.''.

SEC. 423. MARINE CASUALTY INVESTIGATIONS INVOLVING FOREIGN
VESSELS.

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

SEC. 424. CONVEYANCE OF COAST GUARD PROPERTY IN HAMPTON
TOWNSHIP, MICHIGAN.

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

SEC. 425. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, MICHIGAN.

Section 1005(c) of the Coast Guard Authorization Act of
1996 (110 Stat. 3957) is amended by striking ``the Traverse
City Area Public School District'' and inserting ``a public
or private nonprofit entity for an educational or
recreational purpose''.

SEC. 426. ANNUAL REPORT ON COAST GUARD CAPABILITIES AND
READINESS TO FULFILL NATIONAL DEFENSE
RESPONSIBILITIES.

Not later than February 15 each year, the Secretary of
Transportation shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report, prepared in
conjunction with the Commandant of the Coast Guard, setting
forth the capabilities and readiness of the Coast Guard to
fulfill its national defense responsibilities.

SEC. 427. EXTENSION OF AUTHORIZATION FOR OIL SPILL RECOVERY
INSTITUTE.

Section 5001(i) of the Oil Pollution Act of 1990 (33 U.S.C.
2731(i)) is amended by striking ``10 years'' and all that
follows through the end of the sentence and inserting
``September 30, 2012.''.

SEC. 428. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.

Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883), section 8 of the Act of June 19, 1886
(46 App. U.S.C. 289), and section 12106 of title 46, United
States Code, the Secretary of Transportation may issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for each of the following
vessels:
(1) LAUDERDALE LADY (United States official number
1103520).
(2) SOVEREIGN (United States official number 1028144).
(3) CALEDONIA (United States official number 679530).

SEC. 429. ICEBREAKING SERVICES.

The Commandant of the Coast Guard shall not plan,
implement, or finalize any regulation or take any other
action which would result in the decommissioning of any WYTL-
class harbor tugs unless and until the Commandant certifies
in writing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, that sufficient replacement capability has
been procured by the Coast Guard to remediate any degradation
in current icebreaking services that would be caused by such
decommissioning.

SEC. 430. FISHING VESSEL SAFETY TRAINING.

(a) In General.--The Commandant of the Coast Guard may
provide support, with or without reimbursement, to an entity
engaged in fishing vessel safety training including--
(1) assistance in developing training curricula;
(2) use of Coast Guard personnel, including active duty
members, members of the Coast Guard Reserve, and members of
the Coast Guard Auxiliary, as temporary or adjunct
instructors;
(3) sharing of appropriate Coast Guard informational and
safety publications; and
(4) participation on applicable fishing vessel safety
training advisory panels.
(b) No Interference With Other Functions.--In providing
support under subsection (a), the Commandant shall ensure
that the support does not interfere with any Coast Guard
function or operation.

SEC. 431. LIMITATION ON LIABILITY OF PILOTS AT COAST GUARD
VESSEL TRAFFIC SERVICES.

(a) In General.--Chapter 23 of title 46, United States
Code, is amended by adding at the end the following:

``Sec. 2307. Limitation of liability for Coast Guard Vessel
Traffic Service pilots

``Any pilot, acting in the course and scope of his or her
duties while at a United States Coast Guard Vessel Traffic
Service, who provides information, advice, or communication
assistance while under the supervision of a Coast Guard
officer, member, or employee shall not be liable for damages
caused by or related to such assistance unless the acts or
omissions of such pilot constitute gross negligence or
willful misconduct.''.
(b) Clerical Amendment.--The chapter analysis for chapter
23 of title 46, United States Code, is amended by adding at
the end the following:

``2307. Limitation of liability for Coast Guard Vessel Traffic Service
pilots.''.

SEC. 432. ASSISTANCE FOR MARINE SAFETY STATION ON CHICAGO
LAKEFRONT.

(a) Assistance Authorized.--The Secretary of Transportation
may use amounts authorized under this section to provide
financial assistance to the City of Chicago, Illinois, to pay
the Federal share of the cost of a project to demolish the
Old Coast Guard Station, located at the north end of the
inner Chicago Harbor breakwater at the foot of Randolph
Street, and to plan, engineer, design, and construct a new
facility at that site for use as a marine safety station on
the Chicago lakefront.
(b) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a
project carried out with assistance under this section may
not exceed one third of the total cost of the project or
$2,000,000, whichever is less.
(2) Non-federal share.--There shall not be applied to the
non-Federal share of a project carried out with assistance
under this section--
(A) the value of land and existing facilities used for the
project; and
(B) any costs incurred for site work performed before the
date of the enactment of this Act, including costs for
reconstruction of the east breakwater wall and associated
utilities.

[[Page H10416]]

(c) Authorization of Appropriations.--In addition to the
other amounts authorized by this Act, for providing financial
assistance under this section there is authorized to be
appropriated to the Secretary of Transportation $2,000,000
for fiscal year 2002, to remain available until expended.

SEC. 433. TONNAGE MEASUREMENT FOR PURPOSES OF ELIGIBILITY OF
CERTAIN VESSELS FOR FISHERY ENDORSEMENT.

Section 12102(c)(5) of title 46. United States Code, is
amended by striking ``of more than 750 gross registered
tons'' and inserting ``of more than 750 gross tons as
measured under chapter 145 or 1900 gross tons as measured
under chapter 143''.

SEC. 434. EXTENSION OF TIME FOR RECREATIONAL VESSEL AND
ASSOCIATED EQUIPMENT RECALLS.

Section 4310(c) of title 46, United States Code, is
amended--
(1) in paragraph (2)(A) and (B) by striking ``5'' each
place it appears and inserting ``10''; and
(2) in paragraph (1)(A), (B), and (C) by inserting ``by
first class mail or'' before ``by certified mail''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. LoBiondo) and the gentlewoman from Florida (Ms. Brown) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. LoBiondo).
Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of the Coast Guard
Authorization Act of Fiscal Year 2002. Before I discuss this bill,
however, I would like to thank the distinguished chairman of the full
Committee on Transportation and Infrastructure, the gentleman from
Alaska (Mr. Young); our ranking member, the gentleman from Minnesota
(Mr. Oberstar); and the ranking Democratic member of the Subcommittee
on Coast Guard and Maritime Transportation, the gentlewoman from
Florida (Ms. Brown), and their staff for their help and cooperation on
this legislation.
H.R. 3507 was developed in a very strong bipartisan manner and
deserves the support of all of the Members of this body. The primary
purpose of H.R. 3507 is to authorize expenditures for the United States
Coast Guard for fiscal year 2002. Title I of the bill authorizes
approximately $5.9 billion for Coast Guard programs and operations for
fiscal year 2002. The bill funds the Coast Guard at the levels
requested by the President, with an additional $823 million in Coast
Guard operating expenses. Of this amount, $623 million will provide
additional Coast Guard homeland maritime security operating resources.
These additional operating resources will also allow the Coast Guard to
address chronic budget shortfalls. Many of the Coast Guard's most
urgent needs are similar to those experienced by the Department of
Defense, including spare parts shortages and personnel training
deficits.
Title I also provides for $717.8 million for Coast Guard acquisition,
construction, and improvement funding. This funding level provides $58
million for 90 Coast Guard maritime safety and security boats as well
as additional detection equipment to help the Coast Guard stop
terrorist activities on our waterways and in our ports.
Immediately following the events of September 11, the Coast Guard
launched the largest homeland port security operation since World War
II. As part of Operation Noble Eagle and Operation Enduring Freedom,
the Coast Guard established port and coastline patrols with 55 cutters,
42 aircraft, and hundreds of small boats. Over 2,800 Coast Guard
reservists were called to active duty to support maritime homeland
security operations in 350 of our Nation's ports.
Port security units patrol the ports of New York, New Jersey, Boston,
Seattle, and Long Beach. The Coast Guard enforced over 118 maritime
security zones around Navy vessels, cruise ships, nuclear power plants
and other facilities. The Coast Guard now requires a 96-hour advance
notice for all ships entering U.S. ports. The new Sea Marshall program
is current under way in the ports of San Francisco, Los Angeles, and
San Diego.
I want to commend the Coast Guard for their rapid response to the
September 11 attacks on our Nation. Fortunately, we have already
provided the Coast Guard with a broad legal authorities to implement
the necessary security measures in U.S. ports. However, without
substantial additional Coast Guard resources, and I want to repeat
that, without substantial additional Coast Guard resources, we are not
going to be able to significantly enhance maritime security as we
should.
Finally, section 404 of this bill requires that a vessel engaged in
towing assistance or towing escort must be a vessel of the United
States and establishes a civil penalty for violation of the provision.
The United States Navy has expressed concern that section 404 could
hamper the ability of the Navy to render timely towing and salvage
assistance to Navy vessels on a worldwide basis. I want to clarify that
the restrictions in section 404 do not apply to U.S. Naval operations.
Mr. Speaker, I want to take this opportunity to commend the men and
women of the Coast Guard for the exceptional services that they provide
to our Nation on an ongoing basis. America benefits from a strong Coast
Guard that is equipped to stop terrorists, drug smugglers, support the
country's defense, and respond to national emergencies. We must now act
to put the Coast Guard on sound financial footing to be ready to
respond to our increased homeland security demands and other critical
duties that the Coast Guard carries out on a daily basis.
The House has already overwhelmingly passed one authorization bill
this year, while the other body has yet to act. We would like to urge
our friends across the Capitol to pass this authorization bill and
support the Coast Guard in the manner which they deserve. I urge all
Members to support that bill.
Mr. Speaker, I reserve the balance of my time.

{time} 1145

Ms. BROWN of Florida. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I thank the gentleman from Alaska (Mr. Young), the
gentleman from Minnesota (Mr. Oberstar), the ranking member, and the
gentleman from New Jersey (Mr. LoBiondo) for their help in bringing
this important legislation to the floor. The U.S. Coast Guard is a key
player in protecting this country from harm, and we need to make sure
that they have the tools they need to do their job.
This bill gives them the authority, but we absolutely must work
harder when it comes to funding this premier law enforcement agency.
The motto of the Coast Guard is Semper Paratus, always ready, and they
proved this on September 11. As the tragedy was occurring, the Coast
Guard had a plan in place, and within minutes began securing our ports
and waterways and protecting our bridges from harm. Whenever we talk
about homeland security, we are talking about the U.S. Coast Guard.
They are out there every day protecting the world's citizens from harm.
The Coast Guard is responsible for protecting our ports and
waterways, search and rescue missions, stopping drugs, stopping illegal
immigration, and protecting our ships and carriers. But even with all
of this, the toughest job they have is competing for money in the
transportation budget. Let me repeat that. With all that they do, their
toughest job is competing for money in the transportation budget. They
have a difficult job, and they deserve adequate funding.
This legislation expands compensation and benefits for personnel,
improves safety and safety training, upgrades Coast Guard communication
systems, renews important advisory groups, and removes barriers to
Coast Guard authority. This is a good bill and an important bill, and I
am glad we are passing it before the new year begins. I thank the men
and women in the U.S. Coast Guard for their hard work, and their
dedication to this Nation. Have a wonderful holiday, and keep up the
good work.
Mr. Speaker, I reserve the balance of my time.
Mr. LoBIONDO. Mr. Speaker, I reserve the balance of my time.
Ms. BROWN of Florida. Mr. Speaker, I yield 5 minutes to the gentleman
from Mississippi (Mr. Taylor).
Mr. TAYLOR of Mississippi. Mr. Speaker, I would like to use my time
in a colloquy with the chairman.
Mr. Speaker, the bill does a lot of good things, and some of the more
heinous provisions of the bill that troubled me earlier, such as the
licensing requirement on charter boat operators

[[Page H10417]]

have been removed. Some very bad calls on Jones Act waivers have been
removed, and I commend the gentleman for that. Obviously, this bill is
important so the folks in the Coast Guard can get paid, and those
things that need to be bought can be bought.
This bill still contains about 20 Jones Act waivers that I consider
questionable. I understand that they passed the committee earlier in
the year under some circumstances that I did not quite agree to. The
gentleman from New Jersey and I both come from boat-building country.
People in New Jersey are great boat builders; people in Mississippi are
great boat builders.
Mr. Speaker, what I really object to when we grant Jones Act waivers
is that law that says that every boat that is operated commercially in
America must be American owned, American built and American crewed.
When we allow somebody to buy a cheaper foreign vessel, it puts those
guys who have lived by the rules and bought a boat in Mississippi or
New Jersey, which is obviously going to cost more money because they
are paying Americans to build it, it puts them at competitive
disadvantage, pure and simple, and I do not think it is fair.
Mr. Speaker, because the bill does so many good things, I want to
vote for it. The reason I am asking the gentleman for this colloquy is
because in my heart I know that we failed our boat builders when we
allowed those 20 waivers. I am asking for the chairman, and since the
gentleman sets the schedule, if I can get the gentleman's assurance
that we are going to take a tougher look in the future, that on every
one of these waivers, we have the folks come before the committee, make
a case on why that vessel deserves a waiver, which is the way we used
to do it, and I would like to see that again.
If a person deserves a waiver, they get it. But as far as issuing
blanket waivers, I think it is bad because it is simply not fair to
those folks that build boats in this country. That is my first request.
Mr. LoBIONDO. Mr. Speaker, will the gentleman yield?
Mr. TAYLOR of Mississippi. I yield to the gentleman from New Jersey.
Mr. LoBIONDO. Mr. Speaker, I thank the gentleman from Mississippi
(Mr. Taylor). I know the gentleman has been a strong supporter of the
Coast Guard, and very involved in these issues. I can tell the
gentleman that I understand the gentleman's concerns. We thought that
which had gone through the process, a process that has integrity, along
with the gentleman from Minnesota (Mr. Oberstar) and the gentlewoman
from Florida (Ms. Brown), and there might have been some
miscommunication. I thought the gentleman's office had signed off on
some of this as well. I will try to work as closely in the future as is
humanly possible.
Mr. TAYLOR of Mississippi. Mr. Speaker, I know we are human beings. I
am just asking for consideration in the future to try and do better.
Mr. Speaker, my second request, as pointed out in the excellent
hearing we had last week with the commandant of the Coast Guard, there
is still a discrepancy as far as who has responsibility for our U.S.
Naval vessels for their waterside security. The Navy thinks big ships,
quite frankly. Given their limited budget, they want to buy ships with
that money as opposed to small boats. The Coast Guard has a number of
areas of responsibility that they are already overstretched on.
My request to the gentleman is if he can schedule a hearing where we
have the chief of Naval operations and the commandant of the Coast
Guard appear before the committee, and some time between now and next
spring, an agreement be reached as to the responsibility for waterside
security of our vessels so that what happened to the USS Cole never
happens again.
Mr. LoBIONDO. Mr. Speaker, will the gentleman yield?
Mr. TAYLOR of Mississippi. I yield to the gentleman from New Jersey.
Mr. LoBIONDO. Mr. Speaker, I think that is an excellent idea. The
gentleman has my commitment that we will try to do that expeditiously
when we return next year.
Mr. TAYLOR of Mississippi. Mr. Speaker, I thank the chairman.
Mr. LoBIONDO. Mr. Speaker, I yield 2 minutes to the gentleman from
Connecticut (Mr. Simmons) for the purpose of a colloquy.
Mr. SIMMONS. Mr. Speaker, I rise in strong support of H.R. 3507, and
thank the gentleman from New Jersey (Mr. LoBiondo) for his hard work on
this legislation and for allowing this colloquy.
The United States Coast Guard Academy is in my district in New
London, Connecticut, and it is the only service academy in America that
does not have a proper national museum for the service. For over 210
years, the Coast Guard has served as our Nation's guardian of the seas,
and over the years, the Coast Guard has established a rich history, but
this history cannot be properly told.
That is why earlier this year I introduced legislation to create a
national Coast Guard museum in New London as part of the academic
program of the Academy. A lot of things have happened, and I am mindful
of the many challenges that we face; but I am hopeful that the
gentleman from New Jersey (Mr. LoBiondo) will work with me on this
legislation next year to further explore the issue of a national Coast
Guard museum.
Mr. LoBIONDO. Mr. Speaker, will the gentleman yield?
Mr. SIMMONS. I yield to the gentleman from New Jersey.
Mr. LoBIONDO. Mr. Speaker, I thank the gentleman from Connecticut and
say that the gentleman has done an exceptional job on raising the level
of awareness on this particular issue. The gentleman has been to me
certainly if not a dozen times, two dozen times. Unfortunately, the
events of September 11 have reorganized our priorities with the Coast
Guard to a degree. It is a worthwhile effort, and I would like to work
with the gentleman to explore what possibilities that we can enter into
to see that this moves along.
Mr. SIMPSON. Mr. Speaker, I thank the gentleman for his response.
Ms. BROWN of Florida. Mr. Speaker, I yield 4 minutes to the gentleman
from Washington (Mr. McDermott).
Mr. McDERMOTT. Mr. Speaker, I rise in support of this bill. I got on
a plane to come out here from Seattle on Tuesday morning, and sat down
next to a man and asked him where he was going, what he was doing. He
said my name is Viggo Bertelsen. I am the national commodore of the
United States Coast Guard Auxiliary.
Mr. Speaker, I know that they are in town meeting with the commandant
from all around the country and talking about the needs of the Coast
Guard.
Being from Seattle, I am well aware of what the Coast Guard does.
They control shipping in Puget Sound, and have a very big
responsibility to prevent collisions in narrow spaces. They are dealing
with all of the Customs problems and smuggling in the islands, bringing
in drugs and everything else. The Coast Guard has been given many, many
very difficult missions, and has not been recognized by the Congress
for what they have done.
When I was a psychiatrist in the Navy in the Vietnam era, I had a
sailor from the Coast Guard, or Coast Guardsman brought to me one day
who had been hung over the side on a chair to paint the insignia on the
side of Coast Guard ships. As mentioned before, the motto of the Coast
Guard is semper paratus. This man was a little unhappy with the Coast
Guard, and had written ``simply forgot us.''
Unfortunately, in many instances in this House, we have simply
forgotten the Coast Guard's needs, and I think this is, while not a
perfect bill, a step in the right direction, and I hope that all
Members will vote for it, and not forget the Coast Guard and what they
do.
Mr. LoBIONDO. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Illinois (Mrs. Biggert).
Mrs. BIGGERT. Mr. Speaker, I rise today in support of H.R. 3507, the
Coast Guard Authorization Act for Fiscal Year 2002, and I also rise to
thank the gentleman from New Jersey (Mr. LoBiondo) and his subcommittee
staff for their hard work on this bill.
Last year they agreed to work with the Coast Guard, the State of
Illinois, the city of Chicago and me on a project to improve safety and
security along Chicago's lakefront. Needless to say, this project
became significantly more important after the events of September 11.
Thanks to the committee's cooperation and assistance, this bill
authorizes construction of a Marine Safety Station on Chicago's
lakefront.

[[Page H10418]]

This new Chicago Marine Safety Station will house resources and
personnel of the U.S. Coast Guard, the Chicago Marine Police and the
Illinois Department of Natural Resources Conservation Police. With
Coast Guard, State and city resources stretched thin by the need for
heightened security in Chicago and U.S. ports, this project will
significantly improve public safety and law enforcement efforts in one
of the busiest recreational areas in the country.
On behalf of the city of Chicago, the State of Illinois, and all of
us who enjoy Chicago's lakefront, I thank the chairman for bringing
this project to fruition.
Ms. BROWN of Florida. Mr. Speaker, I reserve the balance of my time.
Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank the gentleman from Washington (Mr.
McDermott) for his words of support for the Coast Guard. I would like
to ask that all Members, the gentleman from Washington (Mr. McDermott)
and all Members who have risen today to speak on the bill, and I
believe the overwhelming number of Members who will support this bill,
to join with us in our effort when we get to the hard part, and this
part today is easy for Members to stand up and say they are supporting
the Coast Guard authorization. Well in excess of 400 Members voted in
support of this measure when we brought it up the first time, but we
have some difficult work to do.
There was recently an article in the Washington Post, I believe last
week, that talked about our drug interdiction efforts suffering because
of the Coast Guard's lack of resources. This is not what we want to see
from this body. This is not what this Nation wants to see, and the only
way we will remedy the situation is if we collectively join together,
put our shoulders to the same wheel and make sure through the
appropriations process that the Coast Guard receives the resources
necessary to carry out the mission they have been mandated to do.
Mr. Speaker, I have visited the Coast Guard facilities in my district
a number of times. We have the Coast Guard Recruit Training Center, the
only one in the Nation in Cape May in the Second Congressional
District. I also visited Group Air Station Atlanta City just a couple
of weeks ago, and with Captain Durfee, I looked into the eyes of the
men and women there, eager to serve their country, well trained, ready
to go, boarding ships and checking foreign crews and manifests, making
sure our ports are save, responding to anything in a moment's notice,
willing to give up everything for our Nation.
We owe these men and women who have given us so much in their mission
of drug interdiction, homeland security, interdiction of illegal
immigrants, fishery law enforcement, all the different things, search
and rescue operations, all of the things that are in jeopardy if we
cannot get them the resources they need.
Mr. Speaker, I reserve the balance of my time.

{time} 1200

Ms. BROWN of Florida. Mr. Speaker, I yield back the balance of my
time.
Mr. LoBIONDO. Mr. Speaker, I yield myself the balance of my time.
I would in closing like to thank the gentlewoman from Florida (Ms.
Brown) and the minority staff for their strong cooperation and help
with Coast Guard issues since I have been Chair of this committee. I
have appreciated it a great deal. The gentleman from Minnesota (Mr.
Oberstar) has been there every inch of the way, as has been the
gentlewoman from Florida (Ms. Brown) and their staff. Again, I would
like to encourage all the Members to take a close look at the mission
that the Coast Guard has been given to do, especially since September
11, and recognize that this is one step in a process that we are
fighting through to make sure that these men and women have the
resources necessary.
Mrs. CHRISTENSEN. Mr. Speaker, I rise to join Chairman LoBiondo, and
Ranking Member Brown and my other colleagues in strong support of H.R.
3507, the Coast Guard Authorization Act.
Early in November I had the opportunity to visit with Commander Gene
Brooks, of the Greater Antilles Section in San Juan Puerto Rico, which
is responsible for my district the U.S. Virgin Islands. What was very
clear from that meeting, Mr. Speaker, is that the Coast Guard is in
dire need of assets and personnel to carry out their mission.
Since September 11, 2001 this has become more urgent, as much of
what they had has been deployed elsewhere, and the primary assignment
port security and escorting and protecting defense vessels, and
hazardous materials, has taken them almost completely away from their
role in drugs interdiction, border patrol and marine safety, as well as
search and rescue.
Mr. Speaker, my district has several assets of national significance
and importance. Additionally, because the Virgin Islands is a border of
the United States we need a well-staffed and equipped Coast Guard. Mr.
Speaker, the $5.9 billion authorized by this bill is a good start. I
look forward to working with you and the subcommittee to give this and
all the agencies, which secure our homeland, and support our armed
forces, all the resources they need to do the job.
I urge my colleagues to support H.R. 3507.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Isakson). The question is on the motion
offered by the gentleman from New Jersey (Mr. LoBiondo) that the House
suspend the rules and pass the bill, H.R. 3507.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Ms. BROWN of Florida. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Pursuant to clause 8, rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.

____________________