[Congressional Record Volume 148, Number 84 (Friday, June 21, 2002)]
[Senate]
[Pages S5905-S5912]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  AMENDMENTS SUBMITTED--JUNE 20, 2002

  SA 3924. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 2514, to authorize appropriations for fiscal year 
2003 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       After title XII, insert the following:

                 TITLE XIII--COAST GUARD APPROPRIATIONS

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Coast Guard Authorization 
     Act of 2002''.

     SEC. 1302. TABLE OF CONTENTS.

       The table of contents for this title is as follows:

Sec. 1301. Short title.
Sec. 1302. Table of contents.

                       Subtitle A--Authorization

Sec. 1311. Authorization of appropriations.
Sec. 1312. Authorized levels of military strength and training.
Sec. 1313. LORAN-C.
Sec. 1314. Patrol craft.
Sec. 1315. Caribbean support tender.

                    Subtitle B--Personnel Management

Sec. 1321. Coast Guard band director rank.
Sec. 1322. Compensatory absence for isolated duty.
Sec. 1323. Suspension of retired pay of Coast Guard members who are 
              absent from the United States to avoid prosecution.
Sec. 1324. Extension of Coast Guard housing authorities.
Sec. 1325. Accelerated promotion of certain Coast Guard officers.
Sec. 1326. Regular lieutenant commanders and commanders; continuation 
              on failure of selection for promotion.
Sec. 1327. Reserve officer promotion.
Sec. 1328. Reserve Student Pre-Commissioning Assistance Program.
Sec. 1329. Continuation on active duty beyond 30 years.
Sec. 1330. Payment of death gratuities on behalf of Coast Guard 
              Auxiliarists.
Sec. 1331. Align Coast Guard severance pay and revocation of commission 
              authority with Department of Defense authority.

                       Subtitle C--Marine Safety

Sec. 1341. Modernization of national distress and response system.
Sec. 1342. Extension of Territorial Sea for Vessel Bridge-to-Bridge 
              Radiotelephone Act.
Sec. 1343. Icebreaking services.
Sec. 1344. Modification of various reporting requirements.
Sec. 1345. Oil Spill Liability Trust Fund; emergency fund advancement 
              authority.
Sec. 1346. Merchant mariner documentation requirements.
Sec. 1347. Penalties for negligent operations and interfering with safe 
              operation.
Sec. 1348. Fishing vessel safety training.
Sec. 1349. Extend time for recreational vessel and associated equipment 
              recalls.
Sec. 1350. Safety equipment requirement.
Sec.  1351. Marine casualty investigations involving foreign vessels.
Sec. 1352. Maritime Drug Law Enforcement Act amendments.
Sec. 1353. Temporary certificates of documentation for recreational 
              vessels.

                 Subtitle D--Renewal of Advisory Groups

Sec. 1361. Commercial Fishing Industry Vessel Advisory Committee.
Sec. 1362. Houston-Galveston Navigation Safety Advisory Committee.
Sec. 1363. Lower Mississippi River Waterway Advisory Committee.
Sec. 1364. Navigation Safety Advisory Council.
Sec. 1365. National Boating Safety Advisory Council.

[[Page S5906]]

Sec. 1366. Towing Safety Advisory Committee.

                       Subtitle E--Miscellaneous

Sec. 1381. Conveyance of Coast Guard property in Portland, Maine.
Sec. 1382. Harbor safety committees.
Sec. 1383. Limitation of liability of pilots at Coast Guard Vessel 
              Traffic Services.
Sec. 1384. Conforming references to the former Merchant Marine and 
              Fisheries Committee.
Sec. 1385. Long-term lease authority for lighthouse property.
Sec. 1386. Electronic filing of commercial instruments for vessels.
Sec. 1387. Radio direction finding apparatus carriage requirement.
Sec. 1388. Wing-in-ground craft.
Sec. 1389. Deletion of thumbprint requirement for merchant mariners' 
              documents.
Sec. 1390. Authorization of payment.
Sec. 1391. Additional Coast Guard funding needs after September 11, 
              2001.
Sec. 1392. Repeal of special authority to revoke endorsements.
Sec. 1393. Prearrival messages from vessels destined to United States 
              ports.
Sec. 1394. Safety and security of ports and waterways.
Sec. 1395. Administrative waiver.

                       Subtitle A--Authorization

     SEC. 1311. AUTHORIZATION OF APPROPRIATIONS.

       Funds are authorized to be appropriated for necessary 
     expenses of the Coast Guard for fiscal year 2002, as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $4,533,000,000, of which--
       (A) $25,000,000 is authorized to be derived from the Oil 
     Spill Liability Trust Fund; and
       (B) $537,000,000 is authorized for activities associated 
     with improving maritime security, including maritime domain 
     awareness and law enforcement operations.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $719,323,000 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) $50,000,000 is authorized to be available for equipment 
     and facilities associated with improving maritime security 
     awareness, crisis prevention, and response; 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, $22,000,000, to remain available until 
     expended, of which $3,500,000 is authorized to be derived 
     from the Oil Spill Liability Trust Fund.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, $876,350,000, to 
     remain available until expended.
       (5) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operations and maintenance), $17,000,000, to remain 
     available until expended.
       (6) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program--
       (A) $13,500,000, to remain available until expended; and
       (B) $2,000,000, to remain available until expended, which 
     may be utilized for construction of a new Chelsea Street 
     Bridge over the Chelsea River in Boston, Massachusetts.

     SEC. 1312. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
                   TRAINING.

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

     SEC. 1313. LORAN-C.

       There are authorized to be appropriated to the Department 
     of Transportation, in addition to funds authorized for the 
     Coast Guard for operation of the LORAN-C system, for capital 
     expenses related to LORAN-C navigation infrastructure, 
     $22,000,000 for fiscal year 2002. The Secretary of 
     Transportation may transfer from the Federal Aviation 
     Administration and other agencies of the department funds 
     appropriated as authorized under this section in order to 
     reimburse the Coast Guard for related expenses.

     SEC. 1314. PATROL CRAFT.

       (a) Transfer of Craft From DOD.--Notwithstanding any other 
     provision of law, the Secretary of Transportation may accept, 
     by direct transfer without cost, for use by the Coast Guard 
     primarily for expanded drug interdiction activities required 
     to meet national supply reduction performance goals, up to 7 
     PC-170 patrol craft from the Department of Defense if it 
     offers to transfer such craft.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Coast Guard, in additional to 
     amounts otherwise authorized by this Act, up to $100,000,000, 
     to remain available until expended, for the conversion of, 
     operation and maintenance of, personnel to operate and 
     support, and shoreside infrastructure requirements for, up to 
     7 patrol craft.

     SEC. 1315. CARIBBEAN SUPPORT TENDER.

       (a) In General.--The Coast Guard is authorized to operate 
     and maintain a Caribbean Support Tender (or similar type 
     vessel) to provide technical assistance, including law 
     enforcement training, for foreign coast guards, navies, and 
     other maritime services.
       (b) Medical and Dental Care.--
       (1) 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 outpatient basis if the United States is 
     reimbursed for the costs of providing such care. 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.
       (2) Notwithstanding paragraph (a)(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.

                    Subtitle B--Personnel Management

     SEC. 1321. COAST GUARD BAND DIRECTOR RANK.

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

     SEC. 1322. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

       (a) In General.--Section 51 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. 1323. SUSPENSION OF RETIRED PAY OF COAST GUARD MEMBERS 
                   WHO ARE ABSENT FROM THE UNITED STATES TO AVOID 
                   PERSECUTION.

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

     SEC. 1324. EXTENSION OF COAST GUARD HOUSING AUTHORITIES.

       (a) In General.--Section 689 of title 14, United States 
     Code, is amended by striking ``2001.'' and inserting 
     ``2006.''.
       (b) Housing Demonstration Project.--Section 687 of title 
     14, United States Code, is amended by adding at the end the 
     following:
       ``(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 1st of each 
     year on the progress of activities under the demonstration 
     project.''.

     SEC. 1325 ACCELERATED PROMOTION OF CERTAIN COAST GUARD 
                   OFFICERS.

       Title 14, United States Code, is amended--
       (1) by adding at the end of section 259 the following:
       ``(c)(1) After selecting the officers to be recommended for 
     promotion, a selection

[[Page S5907]]

     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 the Secretary publishes a finding 
     that implementation of this subsection will improve Coast 
     Guard officer retention and management.
       ``(3) The Secretary shall submit any finding made by the 
     Secretary pursuant to paragraph (2) to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.'';
       (2) 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'' in section 260(a) after ``promotion''; and
       (3) by inserting at the end of section 271(a) the 
     following: ``The names of all officers approved by the 
     President and recommended by the board to be placed at the 
     top of the list of selectees shall be placed at the top of 
     the list of selectees in the order of seniority on the active 
     duty promotion list.''.

     SEC. 1326. REGULAR LIEUTENANT COMMANDERS AND COMMANDERS; 
                   CONTINUATION ON FAILURE OF SELECTION FOR 
                   PROMOTION.

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

     SEC. 1327. RESERVE OFFICER PROMOTIONS.

       (a) Section 729(i) of title 14, United States Code is 
     amended by inserting ``on the date a vacancy occurs, or as 
     soon thereafter as practicable, in the grade to which the 
     officer was selected for promotion, or if promotion was 
     determined in accordance with a running mate system,'' after 
     ``grade''.
       (b) Section 731 of title 14, United States Code, is amended 
     by striking the period at the end of the sentence in section 
     731, and inserting ``, or in the event that promotion is not 
     determined in accordance with a running mate system, then a 
     Reserve officer becomes eligible for consideration for 
     promotion to the next higher grade at the beginning of the 
     promotion year in which he completes the following amount of 
     service computed from his date of rank in the grade in which 
     he is serving:
       ``(1) 2 years in the grade of lieutenant (junior grade).
       ``(2) 3 years in the grade of lieutenant.
       ``(3) 4 years in the grade of lieutenant commander.
       ``(4) 4 years in the grade of commander.
       ``(5) 3 years in the grade of captain.''.
       (c) Section 736(a) of title 14, United States Code, is 
     amended by inserting ``the date of rank shall be the date of 
     appointment in that grade, unless the promotion was 
     determined in accordance with a running mate system, in which 
     event'' after ``subchapter,'' in the first sentence.

     SEC. 1328. RESERVE STUDENT PRE-COMMISSIONING ASSISTANCE 
                   PROGRAM.

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

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

       ``(a) The Secretary may provide financial assistance to an 
     eligible enlisted member of the Coast Guard Reserve, not on 
     active duty, for expenses of the member while the member is 
     pursuing on a full-time basis at an institution of higher 
     education a program of education approved by the Secretary 
     that leads to--
       ``(1) a baccalaureate degree in not more than 5 academic 
     years; or
       ``(2) a post-baccalaureate degree.
       ``(b)(1) To be eligible for financial assistance under this 
     section, an enlisted member of the Coast Guard Reserve 
     shall--
       ``(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 the following:
       ``(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.
       ``(4) Such other expenses as are deemed appropriate by the 
     Secretary.
       ``(d) The amount of financial assistance provided to a 
     member under this section shall be prescribed by the 
     Secretary, but may not exceed $25,000 for any academic year.
       ``(e) Financial assistance may be provided to a member 
     under this section for up to 5 consecutive academic years.
       ``(f) A member who receives financial assistance under this 
     section may be ordered to active duty in the Coast Guard 
     Reserve by the Secretary to serve in a designated enlisted 
     grade for such period as the Secretary prescribes, but not 
     more than 4 years, if the member--
       ``(1) completes the academic requirements of the program 
     and refuses to accept an appointment as a commissioned 
     officer in the Coast Guard Reserve when offered;
       ``(2) fails to complete the academic requirements of the 
     institution of higher education involved; or
       ``(3) fails to maintain eligibility for an original 
     appointment as a commissioned officer.
       ``(g)(1) If a member requests to be released from the 
     program and the request is accepted by the Secretary, or if 
     the member fails because of misconduct to complete the period 
     of active duty specified, or if the member fails to fulfill 
     any term or condition of the written agreement required to be 
     eligible for financial assistance under this section, the 
     financial assistance shall be terminated. The member shall 
     reimburse the United States in an amount that bears the same 
     ratio to the total cost of the education provided to such 
     person as the unserved portion of active duty bears to the 
     total period of active duty such person agreed to serve. The 
     Secretary shall have the option to order such reimbursement 
     without first ordering the member to active duty.
       ``(2) The Secretary may waive the service obligated under 
     subsection (f) of a member who is not physically qualified 
     for appointment and who is determined to be unqualified for 
     service as an enlisted member of the Coast Guard Reserve due 
     to a physical or medical condition that was not the result of 
     the member's own misconduct or grossly negligent conduct. An 
     obligation to reimburse the United States imposed under this 
     paragraph is for all purposes a debt owed to the United 
     States.
       ``(3) A discharge in bankruptcy under title 11 that is 
     entered less than five 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, the term `institution of 
     higher education' has the meaning given that term in section 
     101 of the Higher Education Act of 1965 (209 U.S.C. 1001).''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     21 of title 14, United States Code, is amended by adding the 
     following new item after the item relating to section 
     709:``709A. Reserve student pre-commissioning assistance 
     program.''.

     SEC. 1329. CONTINUATION ON ACTIVE DUTY BEYOND 30 YEARS.

       Section 289 of title 14, United States Code, is amended by 
     adding at the end the following:

[[Page S5908]]

       ``(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. 1330. PAYMENT OF DEATH GRATUITIES ON BEHALF OF COAST 
                   GUARD AUXILIARISTS.

       (a) 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, the first section 651 
     contained in the Omnibus Consolidated Appropriations Act, 
     1997 (110 Stat. 3009-368).''.

     SEC. 1331. ALIGN COAST GUARD SEVERANCE PAY AND REVOCATION OF 
                   COMMISSION AUTHORITY WITH DEPARTMENT OF DEFENSE 
                   AUTHORITY.

       (a) In General.--Chapter 11 of title 14, United States 
     Code, is amended--
       (1) in section 281--
       (A) by striking ``three'' in the section heading and 
     inserting ``five''; and
       (B) by striking ``three'' in the text and inserting 
     ``five'';
       (2) in section 283(b)(2)(A), by striking ``severance'' and 
     inserting ``separation'';
       (3) in section 286--
       (A) by striking ``severance'' in the section heading and 
     inserting ``separation''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) An officer of the Regular Coast Guard who is 
     discharged under this section or section 282, 283, or 284 of 
     this title who has completed 6 or more, but less than 20, 
     continuous years of active service immediately before that 
     discharge or release is entitled to separation pay computed 
     under subsection (d)(1) of section 1174 of title 10.
       ``(c) An officer of the Regular Coast Guard who is 
     discharged under section 327 of this title, who has completed 
     6 or more, but less than 20, continuous years of active 
     service immediately before that discharge or release is 
     entitled to separation pay computed under subsection (d)(1) 
     or (d)(2) of section 1174 of title 10 as determined under 
     regulations promulgated by the Secretary.
       ``(d) Notwithstanding subsection (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 title, 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 title 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 title.

                       Subtitle C--Marine Safety

     SEC. 1341. 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 title, and 
     annually thereafter until completion of the project, to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.
       (b) Contents.--The report required by subsection (a) 
     shall--
       (1) set forth the scope of the modernization, the schedule 
     for completion of the System, and provide information on 
     progress in meeting the schedule and on any anticipated 
     delays;
       (2) specify the funding expended to-date on the System, the 
     funding required to complete the system, and the purposes for 
     which the funds were or will be expended;
       (3) describe and map the existing public and private 
     communications coverage throughout the waters of the coastal 
     and internal regions of the continental United States, 
     Alaska, Hawaii, Guam, and the Caribbean, and identify 
     locations that possess direction-finding, asset-tracking 
     communications, and digital selective calling service;
       (4) identify areas of high risk to boaters and Coast Guard 
     personnel due to communications gaps;
       (5) specify steps taken by the Secretary to fill existing 
     gaps in coverage, including obtaining direction-finding 
     equipment, digital recording systems, asset-tracking 
     communications, use of commercial VHF services, and digital 
     selective calling services that meet or exceed Global 
     Maritime Distress and Safety System requirements adopted 
     under the International Convention for the Safety of Life at 
     Sea;
       (6) identify the number of VHF-FM radios equipped with 
     digital selective calling sold to United States boaters;
       (7) list all reported marine accidents, casualties, and 
     fatalities occurring in areas with existing communications 
     gaps or failures, including incidents associated with gaps in 
     VHF-FM coverage or digital selective calling capabilities and 
     failures associated with inadequate communications equipment 
     aboard the involved vessels 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. 1342. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-
                   BRIDGE RADIO-TELEPHONE ACT.

       Section 4(b) of the Vessel Bridge-to-Bridge Radio-telephone 
     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. 1343. ICEBREAKING SERVICES.

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

     SEC. 1344. MODIFICATION OF VARIOUS REPORTING REQUIREMENTS.

       (a) Termination of Oil Spill Liability Trust Fund Annual 
     Report.--
       (1) In general.--The report regarding the Oil Spill 
     Liability Trust Fund required by the Conference Report (House 
     Report 101-892) accompanying the Department of Transportation 
     and Related Agencies Appropriations Act, 1991, as that 
     requirement was amended by section 1122 of the Federal 
     Reports Elimination and Sunset Act of 1995 (Pub. L. 104-66), 
     shall no longer be submitted to the Congress.
       (2) Repeal.--Section 1122 of the Federal Reports 
     Elimination and Sunset Act of 1995 (Pub. L. 104-66) is 
     amended by--
       (A) striking subsection (a); and
       (B) in subsection (b) by striking ``(b)''.
       (b) Preservation of Certain Reporting Requirements.--
     Section 3003(a)(1) of the Federal Reports Elimination and 
     Sunset Act

[[Page S5909]]

     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 U.S.C. App. 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. 1345. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND 
                   ADVANCEMENT AUTHORITY.

       Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2752(b)) is amended after the first sentence by inserting 
     ``To the extent that such amount is not adequate for removal 
     of a discharge or the mitigation or prevention of a 
     substantial threat of a discharge, the Coast Guard may obtain 
     an advance from the Fund such sums as may be necessary, up to 
     a maximum of $100,000,000, and within 30 days shall notify 
     Congress of the amount advanced and the facts and 
     circumstances necessitating the advance. Amounts advanced 
     shall be repaid to the Fund when, and to the extent that 
     removal costs are recovered by the Coast Guard from 
     responsible parties for the discharge or substantial threat 
     of discharge.''.

     SEC. 1346. 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. 1347. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING 
                   WITH SAFE OPERATION.

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

     SEC. 1438. 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 application 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. 1349. EXTEND TIME FOR RECREATIONAL VESSEL AND ASSOCIATED 
                   EQUIPMENT RECALLS.

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

     SEC. 1350. SAFETY EQUIPMENT REQUIREMENT.

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

     SEC. 1351. MARINE CASUALTY INVESTIGATIONS INVOLVING FOREIGN 
                   VESSELS.

       Section 6101 of title 46, United States Code, is amended--
       (1) 2 redesignating the second subsection (e) as subsection 
     (f); and
       (2) by adding at the end the following new subsection:
       ``(g) To the extend 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. 1352. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTS.

       (a) Section 3 of the Maritime Drug Law Enforcement Act (46 
     U.S.C. App. 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) Section 4 of the Maritime Drug Law Enforcement Act (46 
     U.S.C. App. 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. 1353. 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 a new section 12103a, as follows:

[[Page S5910]]

     ``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.''.

                 Subtitle D--Renewal of Advisory Groups

     SEC. 1361. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY 
                   COMMITTEE.

       (a) Commercial Fishing Industry Vessel Advisory 
     Committee.--Section 4508 of title 46, United States Code, is 
     amended--
       (1) by inserting ``Safety'' in the heading after 
     ``Vessel'';
       (2) by inserting ``Safety'' in subsection (a) after 
     ``Vessel'';
       (3) by striking ``(5 U.S.C. App. 1 et seq.)'' in subsection 
     (e)(1) and inserting ``(5 U.S.C. App.)''; and
       (4) by striking ``September 30, 2000'' and inserting 
     ``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. 1362. 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. 1363. 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. 1364. 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. 1365. 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. 1366. 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 E--Miscellaneous

     SEC. 1381. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, 
                   MAINE.

       (a) Authority To Convey.--
       (1) In general.--The Administrator of General Services may 
     convey to the Gulf of Maine Aquarium Development Corporation, 
     its successors and assigns, without payment for 
     consideration, all right, title, and interest of the United 
     States in and to approximately 4.13 acres of land, including 
     a pier and bulkhead, known as the Naval Reserve Pier 
     property, together with any improvements thereon in their 
     then current condition, located in Portland, Maine. All 
     conditions placed with the deed of title shall be construed 
     as covenants running with the land.
       (2) Identification of property.--The Administrator, in 
     consultation with the Commandant of the Coast Guard, may 
     identify, describe, and determine the property to be conveyed 
     under this section. The floating docks associated with or 
     attached to the Naval Reserve Pier property shall remain the 
     personal property of the United States.
       (b) Lease to the United States.--
       (1) Condition of conveyance.--The Naval Reserve Pier 
     property shall not be conveyed until the Corporation enters 
     into a lease agreement with the United States, the terms of 
     which are mutually satisfactory to the Commandant and the 
     Corporation, in which the Corporation shall lease a portion 
     of the Naval Reserve Pier property to the United States for a 
     term of 30 years without payment of consideration. The lease 
     agreement shall be executed within 12 months after the date 
     of enactment of this title.
       (2) Identification of leased premises.--The Administrator, 
     in consultation with the Commandant, may identify and 
     describe the leased premises and rights of access, including 
     the following, in order to allow the Coast Guard to operate 
     and perform missions from and upon the leased premises:
       (A) The right of ingress and egress over the Naval Reserve 
     Pier property, including the pier and bulkhead, at any time, 
     without notice, for purposes of access to Coast Guard vessels 
     and performance of Coast Guard missions and other mission-
     related activities.
       (B) The right to berth Coast Guard cutters or other vessels 
     as required, in the moorings along the east side of the Naval 
     Reserve Pier property, and the right to attach floating docks 
     which shall be owned and maintained at the United States' 
     sole cost and expense.
       (C) The right to operate, maintain, remove, relocate, or 
     replace an aid to navigation located upon, or to install any 
     aid to navigation upon, the Naval Reserve Pier property as 
     the Coast Guard, in its sole discretion, may determine is 
     needed for navigational purposes.
       (D) The right to occupy up to 3,000 contiguous 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 contiguous gross square 
     feet of offsite storage in a location other than the Naval 
     Reserve Pier property, which will be provided by the 
     Corporation at the Corporation's sole cost and expense, and 
     which will be maintained, and utilities and other operating 
     expenses paid for, by the United States at its sole cost and 
     expense.
       (F) The right for Coast Guard personnel to park up to 60 
     vehicles, at no expense to the government, in the 
     Corporation's parking spaces on the Naval Reserve Pier 
     property or in parking spaces that the Corporation may secure 
     within 1,000 feet of the Naval Reserve Pier property or 
     within 1,000 feet of the Coast Guard Marine Safety Office 
     Portland. Spaces for no less than 30 vehicles shall be 
     located on the Naval Reserve Pier property.
       (3) Renewal.--The lease described in paragraph (1) may be 
     renewed, at the sole option of the United States, for 
     additional lease terms.
       (4) Limitation on subleases.--The United States may not 
     sublease the leased premises to a third party or use the 
     leased premises for purposes other than fulfilling the 
     missions of the Coast Guard and for other mission related 
     activities.
       (5) Termination.--In the event that the Coast Guard ceases 
     to use the leased premises, the Administrator, in 
     consultation with the Commandant, may terminate the lease 
     with the Corporation.
       (c) Improvement of Leased Premises.--
       (1) In general.--The Naval Reserve Pier property shall not 
     be conveyed until the Corporation enters into an agreement 
     with the United States subject to the Commandant's design 
     specifications, project's schedule, and final project 
     approval, to replace the bulkhead and pier which connects to 
     and provides access from, the bulkhead to the floating docks, 
     at the Corporation's sole cost and expense, on the east side 
     of the Naval Reserve Pier property within 30 months from the 
     date of conveyance. The agreement to improve the leased 
     premises shall be executed within 12 months after the date of 
     enactment of this title.
       (2) Further improvements.--In addition to the improvements 
     described in paragraph (1), the Commandant is authorized to 
     further improve the leased premises during the lease term, at 
     the United States' sole cost and expense.
       (d) Utility Installation and Maintenance Obligations.--
       (1) Utilities.--The Naval Reserve Pier property shall not 
     be conveyed until the Corporation enters into an agreement 
     with the United States to allow the United States to operate 
     and maintain existing utility lines and related equipment, at 
     the United States' sole cost and expense. At such time as the 
     Corporation constructs its proposed public aquarium, the 
     Corporation shall replace existing utility lines and related 
     equipment and provide additional utility lines and equipment 
     capable of supporting a third 110-foot Coast Guard cutter, 
     with comparable, new, code compliant utility lines and 
     equipment at the Corporation's sole cost and expense, 
     maintain such utility lines and related equipment from an 
     agreed upon demarcation point, and make such utility lines 
     and equipment available for use by the United States, 
     provided that the United States pays for its use of utilities 
     at its sole cost and expense. The agreement concerning the 
     operation and maintenance of utility lines and equipment 
     shall be executed within 12 months after the date of 
     enactment of this title.
       (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 replacement 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 
     title.
       (3) Aids to navigation.--The United States shall be 
     required to maintain, at its sole cost and expense, any Coast 
     Guard active aid to navigation located upon the Naval Reserve 
     Pier property.
       (e) Additional Rights.--The conveyance of the Naval Reserve 
     Pier property shall be made subject to conditions the 
     Administrator or the Commandant consider necessary to ensure 
     that--
       (1) the Corporation shall not interfere or allow 
     interference, in any manner, with use of the leased premises 
     by the United States; and
       (2) the Corporation shall not interfere or allow 
     interference, in any manner, with any

[[Page S5911]]

     aid to navigation nor hinder activities required for the 
     operation and maintenance of any aid to navigation, without 
     the express written permission of the head of the agency 
     responsible for operating and maintaining the aid to 
     navigation.
       (f) Remedies and Reversionary Interest.--The Naval Reserve 
     Pier property, at the option of the Administrator, shall 
     revert to the United States and be placed under the 
     administrative control of the Administrator, if, and only if, 
     the Corporation fails to abide by any of the terms of this 
     section or any agreement entered into under subsection (b), 
     (c), or (d) of this section.
       (g) Liability of the Parties.--The liability of the United 
     States and the Corporation for any injury, death, or damage 
     to or loss of property occurring on the leased property shall 
     be determined with reference to existing State or Federal 
     law, as appropriate, and any such liability may not be 
     modified or enlarged by this 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 title.
       (i) Definitions.--In this section:
       (1) Aid to navigation.--The term ``aids 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. 1382. 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 in 
     existence on the date of enactment of this title;
       (2) precludes the establishment of new harbor safety 
     committees in locations not selected for the establishment of 
     a prototype committee under subsection (b); or
       (3) preempts State law.
       (d) Nonapplication of FACA.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) does not apply to harbor safety 
     committees established under this section or any other 
     provision of law.
       (e) Harbor Safety Committee Defined.--In this section, the 
     term ``harbor safety committee'' means a local coordinating 
     body--
       (1) whose responsibilities include recommending actions to 
     improve the safety, mobility, environmental protection, and 
     port security 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. 1383. LIMITATION OF LIABILITY OF PILOTS AT COAST GUARD 
                   VESSEL TRAFFIC SERVICES.

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

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

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

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

     SEC. 1384. 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 Codifed 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 
     U.S.C. App. 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 U.S.C. App. 1809(b)) is amended by striking 
     ``Merchant Marine and Fisheries'' and inserting 
     ``Transportation and Infrastructure''.

     SEC. 1385. 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. 1386. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS FOR 
                   VESSELS.

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

     SEC. 1387. RADIO DIRECTION FINDING APPARATUS CARRIAGE 
                   REQUIREMENT.

       The first sentence of section 365 of the Communications Act 
     of 1934 (47 U.S.C. 363) is amended by striking ``operators.'' 
     and inserting ``operators, or with radio direction-finding 
     apparatus.''.

     SEC. 1388. 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. 1389. DELETION OF THUMBPRINT REQUIREMENT FOR MERCHANT 
                   MARINERS' DOCUMENTS.

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

     SEC. 1390. AUTHORIZATION OF PAYMENT.

       (a) In General.--The Secretary of the Treasury shall pay 
     the sum of $71,000, out of funds in the Treasury not 
     otherwise appropriated, to the State of Hawaii, such sum 
     being the damages arising out of the June 19, 1997, allision 
     by the United States Coast Guard Cutter RUSH with the ferry 
     pier at Barber's Point Harbor, Hawaii.
       (b) Full Settlement.--The payment made under subsection (a) 
     is in full settlement of all claims by the State of Hawaii 
     against the United States arising from the June 19, 1997, 
     allision.

     SEC. 1391. ADDITIONAL COAST GUARD FUNDING NEEDS AFTER 
                   SEPTEMBER 11, 2001.

       No later than 90 days after the date of enactment of this 
     title, the Secretary, in consultation with the Director of 
     the Office of

[[Page S5912]]

     Homeland Security shall submit a report to the Congress 
     that--
       (1) compares Coast Guard expenditures by mission area on an 
     annualized basis before and after the terrorist attacks of 
     September 11, 2001;
       (2) estimates--
       (A) annual funding amounts and personnel levels that would 
     restore all Coast Guard mission areas to the readiness levels 
     that existed before September 11, 2001;
       (B) annual funding amounts and personnel levels required to 
     fulfill the Coast Guard's additional responsibilities for 
     port security after September 11, 2001; and
       (C) annual funding amounts and personnel levels required to 
     increase law enforcement needs in mission areas other than 
     port security after September 11, 2001;
       (3) generally describes the services provided by the Coast 
     Guard to the Department of Defense after September 11, 2001, 
     and states the cost of such services; and
       (4) identifies the Federal agency providing funds for those 
     services.

     SEC. 1392. REPEAL OF SPECIAL AUTHORITY TO REVOKE 
                   ENDORSEMENTS.

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

     SEC. 1393. PREARRIVAL MESSAGES FROM VESSELS DESTINED TO 
                   UNITED STATES PORTS.

       (a) Prearrival Message Requirements.--Section 4 of the 
     Ports and Waterways Safety Act (33 U.S.C. 1223) is amended--
       (1) by striking paragraph (5) of subsection (a) and 
     inserting the following:
       (5) ``may require the receipt of prearrival messages from 
     any vessel destined for a port or place subject to the 
     jurisdiction of the United States in accordance with 
     subsection (e).''; and
       (2) by adding at the end the following:
       ``(e) Prearrival Message Requirements.--
       ``(1) In general.--The Secretary may require prearrival 
     messages under subsection (a)(5) to provide any information 
     that the Secretary determines is necessary for the control of 
     the vessel and the safety and security of the port, 
     waterways, facilities, vessels, and marine environment, 
     including--
       ``(A) the route and name of each port and each place of 
     destination in the United States;
       ``(B) the estimated date and time of arrival at each port 
     or place;
       ``(C) the name of the vessel;
       ``(D) the country of registry of the vessel;
       ``(E) the call sign of the vessel;
       ``(F) the International Maritime Organization (IMO) 
     international number or, if the vessel does not have an 
     assigned IMO international number, the official number of the 
     vessel;
       ``(G) the name of the registered owner of the vessel;
       ``(H) the name of the operator of the vessel;
       ``(I) the name of the classification society of the vessel;
       ``(J) a general description of the cargo on board the 
     vessel;
       ``(K) in the case of certain dangerous cargo--
       ``(i) the name and description of the dangerous cargo;
       ``(ii) the amount of the dangerous cargo carried;
       ``(iii) the stowage location of the dangerous cargo; and
       ``(iv) the operational condition of the equipment under 
     section 164.35 of title 33, Code of Federal Regulations;
       ``(L) the date of departure and name of the port from which 
     the vessel last departed;
       ``(M) the name and telephone number of a 24-hour point of 
     contact for each port included in the notice of arrival;
       ``(N) the location or position of the vessel at the time of 
     the report;
       ``(O) a list of crew members on board the vessel including, 
     with respect to each crew member--
       ``(i) the full name;
       ``(ii) the date of birth;
       ``(iii) the nationality;
       ``(iv) the passport number or mariners document number; and
       ``(v) the position or duties;
       ``(P) a list of persons other than crew members on board 
     the vessel including, with respect to each such person--
       ``(i) the full name;
       ``(ii) the date of birth;
       ``(iii) the nationality; and
       ``(iv) the passport number; and
       ``(Q) any other information required by the Secretary.
       ``(2) Form and time.--The Secretary may require prearrival 
     messages under subsection (a)(5) to be submitted--
       ``(A) in electronic or other form; and
       ``(B) to be submitted not later than 96 hours before the 
     vessel's arrival or at such time, as provided in regulations, 
     as the Secretary deems necessary to permit the Secretary to 
     examine thoroughly all information provided.
       ``(3) Information not subject to foia.--Section 552 of 
     title 5, United States Code, does not apply to any 
     information submitted under subsection (a)(5).
       ``(4) Enforcement of requirement.--The Secretary may deny 
     entry of a vessel into the territorial sea of the United 
     States if the Secretary has not received notification for the 
     vessel in accordance with subsection (a)(5).''
       (b) Relation of Prearrival Message Requirement to Other 
     Provision of Law.--Section 5 of the Ports and Waterways 
     Safety Act (33 U.S.C. 1224) is amended by adding at the end 
     the following:
       ``(c) Relation to prearrival message requirement.--Nothing 
     in this section interferes with the Secretary's authority to 
     require information under section 4(a)95) before a vessel's 
     arrival in a port or place subject to the jurisdiction of the 
     United States.''.

     SEC. 1394. SAFETY AND SECURITY OF PORTS AND WATERWAYS.

       The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) 
     is amended--
       (1) by striking ``safety and protection of the marine 
     environment'' in section 2(a) (33 U.S.C. 1221(a)) and 
     inserting ``safety, protection of the marine environment, and 
     safety and security of United States ports and waterways''; 
     and
       (2) by striking ``safety and protection of the marine 
     environment,'' in section 5(a) (33 U.S.C. 1224(a)) and 
     inserting ``safety, protection of the marine environment, and 
     the safety and security of United States ports and 
     waterways,''.

     SEC. 1395. ADMINISTRATIVE WAIVER.

       The yacht EXCELLENCE III, hull identification number 
     HQZ00255K101, is deemed to be an eligible vessel within the 
     meaning of section 504(2) of the Coast Guard Authorization 
     Act of 1998 (46 U.S.C. 12106 nt).

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