[Congressional Record (Bound Edition), Volume 147 (2001), Part 20]
[House]
[Pages 27047-27060]
[From the U.S. 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

[[Page 27048]]

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

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

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

                 TITLE II--MARITIME POLICY IMPROVEMENT

     SEC. 201. SHORT TITLE.

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

     SEC. 202. VESSEL COASTAL VENTURE.

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

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

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

     SEC. 204. DISCHARGE OF AGRICULTURAL CARGO RESIDUE.

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

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

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

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

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

``31343. Recording and discharging notices of claim of maritime 
              lien.''.
       (b) Notice Requirements.--Section 31325 of title 46, United 
     States Code, is amended as follows:
       (1) In subsection (d)(1)(B) by striking ``a notice of a 
     claim'' and inserting ``an unexpired notice of a claim''.
       (2) In subsection (f)(1) by striking ``a notice of a 
     claim'' and inserting ``an unexpired notice of a claim''.

[[Page 27049]]

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

     SEC. 206. TONNAGE OF R/V DAVIDSON.

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

     SEC. 207. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.

       Notwithstanding section 27 of the Merchant Marine Act, 1920 
     (46 App. U.S.C. 883), section 8 of the Act of June 19, 1886 
     (24 Stat. 81, chapter 421; 46 App. U.S.C. 289), and sections 
     12106 and 12108 of title 46, United States Code, the 
     Secretary of Transportation may issue a certificate of 
     documentation with appropriate endorsement for employment in 
     the coastwise trade for the following vessels:
       (1) LOOKING GLASS (United States official number 925735).
       (2) YANKEE (United States official number 1076210).
       (3) LUCKY DOG of St. Petersburg, Florida (State of Florida 
     registration number FLZP7569E373).
       (4) ENTERPRIZE (United States official number 1077571).
       (5) M/V SANDPIPER (United States official number 1079439).
       (6) FRITHA (United States official number 1085943).
       (7) PUFFIN (United States official number 697029).
       (8) VICTORY OF BURNHAM (United States official number 
     663780).
       (9) R'ADVENTURE II (United States official number 905373).
       (10) ANTJA (State of Florida registration number FL3475MA).
       (11) SKIMMER, manufactured by Contour Yachts, Inc. (hull 
     identification number QHG34031D001).
       (12) TOKEENA (State of South Carolina registration number 
     SC 1602 BJ).
       (13) DOUBLE EAGLE2 (United States official number 1042549).
       (14) ENCOUNTER (United States official number 998174).
       (15) AJ (United States official number 599164).
       (16) BARGE 10 (United States official number 1101368).
       (17) NOT A SHOT (United States official number 911064).
       (18) PRIDE OF MANY (Canadian official number 811529).
       (19) AMAZING GRACE (United States official number 92769).
       (20) SHEWHO (United States official number 1104094).

     SEC. 208. EXEMPTION FOR VICTORY SHIPS.

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

     SEC. 209. CERTIFICATE OF DOCUMENTATION FOR 3 BARGES.

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

     SEC. 210. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE.

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

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

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

     SEC. 212. VESSEL ASPHALT COMMANDER.

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

          TITLE III--COAST GUARD PERSONNEL AND MARITIME SAFETY

     SEC. 301. SHORT TITLE.

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

                    Subtitle A--Personnel Management

     SEC. 311. COAST GUARD BAND DIRECTOR RANK.

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

     SEC. 312. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

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

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

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

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

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

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

[[Page 27050]]

     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.'';
       (2) in section 260(a), by inserting ``and the names of 
     those officers recommended to be advanced to the top of the 
     list of selectees established by the Secretary under section 
     271(a) of this title'' after ``promotion''; and
       (3) in section 271(a), by inserting at the end thereof the 
     following: ``The names of all officers approved by the 
     President and recommended by the board to be placed at the 
     top of the list of selectees shall be placed at the top of 
     the list of selectees in the order of seniority on the active 
     duty promotion list.''.

                       Subtitle B--Marine Safety

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

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

     SEC. 322. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS.

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

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

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

     SEC. 324. MERCHANT MARINER DOCUMENTATION REQUIREMENTS.

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

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

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

                 Subtitle C--Renewal of Advisory Groups

     SEC. 331. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY 
                   COMMITTEE.

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

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

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

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

     SEC. 333. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY 
                   COMMITTEE.

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

     SEC. 334. NAVIGATION SAFETY ADVISORY COUNCIL.

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

     SEC. 335. NATIONAL BOATING SAFETY ADVISORY COUNCIL.

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

     SEC. 336. TOWING SAFETY ADVISORY COMMITTEE.

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

                       Subtitle D--Miscellaneous

     SEC. 341. PATROL CRAFT.

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

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

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

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

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

     SEC. 343. CARIBBEAN SUPPORT TENDER.

       (a) In General.--The Coast Guard may operate and maintain a 
     Caribbean Support

[[Page 27051]]

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

     SEC. 344. PROHIBITION OF NEW MARITIME USER FEES.

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

     SEC. 345. GREAT LAKES LIGHTHOUSES.

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

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

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

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

       (a) Authority To Convey.--
       (1) In general.--The Secretary of Transportation, or a 
     designee of the Secretary, may convey to the Gulf of Maine 
     Aquarium Development Corporation, its successors and assigns, 
     without payment for consideration, all right, title, and 
     interest of the United States in and to approximately 4.13 
     acres of land, including a pier and bulkhead, known as the 
     Naval Reserve Pier property, together with any improvements 
     thereon in their then current condition, located in Portland, 
     Maine. All conditions placed with the deed of title shall be 
     construed as covenants running with the land.
       (2) Identification of property.--The Secretary, in 
     consultation with the Commandant of the Coast Guard, may 
     identify, describe, and determine the property to be conveyed 
     under this section. The floating docks associated with or 
     attached to the Naval Reserve Pier property shall remain the 
     personal property of the United States.
       (b) Lease to the United States.--
       (1) Condition of conveyance.--The Naval Reserve Pier 
     property shall not be conveyed until the Corporation enters 
     into a lease agreement with the United States, the terms of 
     which are mutually satisfactory to the Commandant and the 
     Corporation, in which the Corporation shall lease a portion 
     of the Naval Reserve Pier property to the United States for a 
     term of 30 years without payment of consideration. The lease 
     agreement shall be executed within 12 months after the date 
     of enactment of this Act.
       (2) Identification of leased premises.--The Secretary, in 
     consultation with the Commandant, may identify and describe 
     the leased premises and rights of access, including the 
     following, in order to allow the Coast Guard to operate and 
     perform missions from and upon the leased premises:
       (A) The right of ingress and egress over the Naval Reserve 
     Pier property, including the pier and bulkhead, at any time, 
     without notice, for purposes of access to Coast Guard vessels 
     and performance of Coast Guard missions and other mission-
     related activities.
       (B) The right to berth Coast Guard cutters or other vessels 
     as required, in the moorings along the east side of the Naval 
     Reserve Pier property, and the right to attach floating docks 
     which shall be owned and maintained at the United States' 
     sole cost and expense.
       (C) The right to operate, maintain, remove, relocate, or 
     replace an aid to navigation located upon, or to install any 
     aid to navigation upon, the Naval Reserve Pier property as 
     the Coast Guard, in its sole discretion, may determine is 
     needed for navigational purposes.
       (D) The right to occupy up to 3,000 gross square feet at 
     the Naval Reserve Pier property for storage and office space, 
     which will be provided and constructed by the Corporation, at 
     the Corporation's sole cost and expense, and which will be 
     maintained, and utilities and other operating expenses paid 
     for, by the United States at its sole cost and expense.
       (E) The right to occupy up to 1,200 gross square feet of 
     offsite storage in a location other than the Naval Reserve 
     Pier property, which will be provided by the Corporation at 
     the Corporation's sole cost and expense, and which will be 
     maintained, and utilities and other operating expenses paid 
     for, by the United States at its sole cost and expense.
       (F) The right for Coast Guard personnel to park up to 60 
     vehicles, at no expense to the government, in the 
     Corporation's parking spaces on the Naval Reserve Pier 
     property or in parking spaces that the Corporation may secure 
     within 1,000 feet of the Naval Reserve Pier property or 
     within 1,000 feet of the Coast Guard Marine Safety Office 
     Portland. Spaces for no less than 30 vehicles shall be 
     located on the Naval Reserve Pier property.
       (3) Renewal.--The lease described in paragraph (1) may be 
     renewed, at the sole option of the United States, for 
     additional lease terms.
       (4) Limitation on subleases.--The United States may not 
     sublease the leased premises to a third party or use the 
     leased premises

[[Page 27052]]

     for purposes other than fulfilling the missions of the Coast 
     Guard and for other mission related activities.
       (5) Termination.--In the event that the Coast Guard ceases 
     to use the leased premises, the Secretary, in consultation 
     with the Commandant, may terminate the lease with the 
     Corporation.
       (c) Improvement of Leased Premises.--
       (1) In general.--The Naval Reserve Pier property shall not 
     be conveyed until the Corporation enters into an agreement 
     with the United States, subject to the Commandant's design 
     specifications, project's schedule, and final project 
     approval, to replace the bulkhead and pier which connects to, 
     and provides access from, the bulkhead to the floating docks, 
     at the Corporation's sole cost and expense, on the east side 
     of the Naval Reserve Pier property within 30 months from the 
     date of conveyance. The agreement to improve the leased 
     premises shall be executed within 12 months after the date of 
     enactment of this Act.
       (2) Further improvements.--In addition to the improvements 
     described in paragraph (1), the Commandant may to further 
     improve the leased premises during the lease term, at the 
     United States sole cost and expense.
       (d) Utility Installation and Maintenance Obligations.--
       (1) Utilities.--The Naval Reserve Pier property shall not 
     be conveyed until the Corporation enters into an agreement 
     with the United States to allow the United States to operate 
     and maintain existing utility lines and related equipment, at 
     the United States sole cost and expense. At such time as the 
     Corporation constructs its proposed public aquarium, the 
     Corporation shall replace existing utility lines and related 
     equipment and provide additional utility lines and equipment 
     capable of supporting a third 110-foot Coast Guard cutter, 
     with comparable, new, code compliant utility lines and 
     equipment at the Corporation's sole cost and expense, 
     maintain such utility lines and related equipment from an 
     agreed upon demarcation point, and make such utility lines 
     and equipment available for use by the United States, 
     provided that the United States pays for its use of utilities 
     at its sole cost and expense. The agreement concerning the 
     operation and maintenance of utility lines and equipment 
     shall be executed within 12 months after the date of 
     enactment of this Act.
       (2) Maintenance.--The Naval Reserve Pier property shall not 
     be conveyed until the Corporation enters into an agreement 
     with the United States to maintain, at the Corporation's sole 
     cost and expense, the bulkhead and pier on the east side of 
     the Naval Reserve Pier property. The agreement concerning the 
     maintenance of the bulkhead and pier shall be executed within 
     12 months after the date of enactment of this Act.
       (3) Aids to navigation.--The United States shall be 
     required to maintain, at its sole cost and expense, any Coast 
     Guard active aid to navigation located upon the Naval Reserve 
     Pier property.
       (e) Additional Rights.--The conveyance of the Naval Reserve 
     Pier property shall be made subject to conditions the 
     Secretary considers necessary to ensure that--
       (1) the Corporation shall not interfere or allow 
     interference, in any manner, with use of the leased premises 
     by the United States; and
       (2) the Corporation shall not interfere or allow 
     interference, in any manner, with any aid to navigation nor 
     hinder activities required for the operation and maintenance 
     of any aid to navigation, without the express written 
     permission of the head of the agency responsible for 
     operating and maintaining the aid to navigation.
       (f) Remedies and Reversionary Interest.--The Naval Reserve 
     Pier property, at the option of the Secretary, shall revert 
     to the United States and be placed under the administrative 
     control of the Secretary, if, and only if, the Corporation 
     fails to abide by any of the terms of this section or any 
     agreement entered into under subsection (b), (c), or (d) of 
     this section.
       (g) Liability of the Parties.--The liability of the United 
     States and the Corporation for any injury, death, or damage 
     to or loss of property occurring on the leased property shall 
     be determined with reference to existing State or Federal 
     law, as appropriate, and any such liability may not be 
     modified or enlarged by this title or any agreement of the 
     parties.
       (h) Expiration of Authority To Convey.--The authority to 
     convey the Naval Reserve property under this section shall 
     expire 3 years after the date of enactment of this Act.
       (i) Definitions.--In this section:
       (1) Aid to navigation.--The term ``aid to navigation'' 
     means equipment used for navigational purposes, including but 
     not limited to, a light, antenna, sound signal, electronic 
     navigation equipment, cameras, sensors power source, or other 
     related equipment which are operated or maintained by the 
     United States.
       (2) Corporation.--The term ``Corporation'' means the Gulf 
     of Maine Aquarium Development Corporation, its successors and 
     assigns.

     SEC. 348. HARBOR SAFETY COMMITTEES.

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

     SEC. 349. MISCELLANEOUS CONVEYANCES.

       (a) Authority To Convey.--
       (1) In general.--The Secretary of Transportation may 
     convey, by an appropriate means of conveyance, all right, 
     title, and interest of the United States in and to each of 
     the following properties:
       (A) Coast Guard Slip Point Light Station, located in 
     Clallam County, Washington, to Clallam County, Washington.
       (B) The parcel of land on which is situated the Point Pinos 
     Light, located in Monterey County, California, to the city of 
     Pacific Grove, California.
       (2) Identification of property.--The Secretary may 
     identify, describe, and determine the property to be conveyed 
     under this subsection.
       (3) Limitation.--The Secretary may not under this section 
     convey--
       (A) any historical artifact, including any lens or lantern, 
     located on the property at or before the time of the 
     conveyance; or
       (B) any interest in submerged land.
       (b) General Terms and Conditions.--
       (1) In general.--Each conveyance of property under this 
     section shall be made--
       (A) without payment of consideration; and
       (B) subject to the terms and conditions required by this 
     section and other terms and conditions the Secretary may 
     consider appropriate, including the reservation of easements 
     and other rights on behalf of the United States.
       (2) Reversionary interest.--In addition to any term or 
     condition established under this section, each conveyance of 
     property under this section shall be subject to the condition 
     that all right, title, and interest in the property shall 
     immediately revert to the United States, if--
       (A) the property, or any part of the property--
       (i) ceases to be available and accessible to the public, on 
     a reasonable basis, for educational, park, recreational, 
     cultural, historic preservation, or other similar purposes 
     specified for the property in the terms of conveyance;
       (ii) ceases to be maintained in a manner that is consistent 
     with its present or future use as a site for Coast Guard aids 
     to navigation or compliance with this title; or
       (iii) ceases to be maintained in a manner consistent with 
     the conditions in paragraph (4) established by the Secretary 
     pursuant to the National Historic Preservation Act (16 U.S.C. 
     470 et seq.); or
       (B) at least 30 days before that reversion, the Secretary 
     provides written notice to the owner that the property is 
     needed for national security purposes.
       (3) Maintenance of navigation functions.--Each conveyance 
     of property under

[[Page 27053]]

     this section shall be made subject to the conditions that the 
     Secretary considers to be necessary to assure that--
       (A) the lights, antennas, and associated equipment located 
     on the property conveyed, which are active aids to 
     navigation, shall continue to be operated and maintained by 
     the United States for as long as they are needed for this 
     purpose;
       (B) the owner of the property may not interfere or allow 
     interference in any manner with aids to navigation without 
     express written permission from the Commandant;
       (C) there is reserved to the United States the right to 
     relocate, replace, or add any aid to navigation or make any 
     changes to the property conveyed as may be necessary for 
     navigational purposes;
       (D) the United States shall have the right, at any time, to 
     enter the property without notice for the purpose of 
     operating, maintaining and inspecting aids to navigation, and 
     for the purpose of enforcing compliance with this subsection; 
     and
       (E) the United States shall have an easement of access to 
     and across the property for the purpose of maintaining the 
     aids to navigation in use on the property.
       (4) Maintenance of property.--(A) Subject to subparagraph 
     (B), the owner of a property conveyed under this section 
     shall maintain the property in a proper, substantial, and 
     workmanlike manner, and in accordance with any conditions 
     established by the conveying authority pursuant to the 
     National Historic Preservation Act (16 U.S.C. 470 et seq.), 
     and other applicable laws.
       (B) The owner of a property conveyed under this section is 
     not required to maintain any active aid to navigation 
     equipment on the property, except private aids to navigation 
     permitted under section 83 of title 14, United States Code.
       (c) Special Terms and Conditions.--The Secretary may retain 
     all right, title, and interest of the United States in and to 
     any portion of any parcel referred to in subsection (a)(1)(B) 
     that the Secretary considers appropriate.
       (d) Definitions.--In this section:
       (1) Aids to navigation.--The term ``aids to navigation'' 
     means equipment used for navigation purposes, including a 
     light, antenna, radio, sound signal, electronic navigation 
     equipment, or other associated equipment which are operated 
     or maintained by the United States.
       (2) Commandant.--The term ``Commandant'' means the 
     Commandant of the Coast Guard.
       (3) Owner.--The term ``owner'' means, for a property 
     conveyed under this section, the person identified in 
     subsection (a)(1) of the property, and includes any successor 
     or assign of that person.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

     SEC. 350. BOATING SAFETY.

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

                TITLE IV--OMNIBUS MARITIME IMPROVEMENTS

     SEC. 401. SHORT TITLE.

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

     SEC. 402. EXTENSION OF COAST GUARD HOUSING AUTHORITIES.

       (a) Housing Contractors.--Section 681(a) of title 14, 
     United States Code, is amended by inserting ``, including a 
     small business concern qualified under section 8(a) of the 
     Small Business Act (15 U.S.C. 637(a)),'' after ``private 
     persons''.
       (b) Budget Authority Limitation.--Section 687(f) of title 
     14, United States Code, is amended by striking 
     ``$20,000,000'' and inserting ``$40,000,000''.
       (c) Demonstration Project.--Section 687 of title 14, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(g) Demonstration Project Authorized.--To promote 
     efficiencies through the use of alternative procedures for 
     expediting new housing projects, the Secretary--
       ``(1) may develop and implement a Demonstration Project for 
     acquisition or construction of military family housing and 
     military unaccompanied housing at the Coast Guard 
     installation at Kodiak, Alaska;
       ``(2) in implementing the Demonstration Project shall 
     utilize, to the maximum extent possible, the contracting 
     authority of the Small Business Administration's section 8(a) 
     program;
       ``(3) shall, to the maximum extent possible, acquire or 
     construct such housing through contracts with small business 
     concerns qualified under section 8(a) of the Small Business 
     Act (15 U.S.C. 637(a)) that have their principal place of 
     business in the State of Alaska; and
       ``(4) shall report to Congress by September 1 of each year 
     on the progress of activities under the Demonstration 
     Project.''.
       (d) Extension.--Section 689 of title 14, United States 
     Code, is amended by striking ``2001'' and inserting ``2006''.

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

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

     SEC. 404. VESSEL ESCORT OPERATIONS AND TOWING ASSISTANCE.

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

     SEC. 405. SEARCH AND RESCUE CENTER STANDARDS.

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

     ``Sec. 676. Search and rescue center standards

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

[[Page 27054]]

       (c) Prescription of Standards.--The Secretary shall 
     prescribe the standards required under section 676(a) of 
     title 14, United States Code, as enacted by subsection (a) of 
     this section, before July 1, 2002.
       (d) Clerical Amendment.--The table of sections at the 
     beginning of chapter 17 of title 14, United States Code, is 
     amended by adding at the end the following:

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

     SEC. 406. VHF COMMUNICATIONS SERVICES.

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

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

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

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

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

     SEC. 409. RESTRICTION ON VESSEL DOCUMENTATION.

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

     SEC. 410. HYPOTHERMIA PROTECTIVE CLOTHING REQUIREMENT.

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

     SEC. 411. RESERVE OFFICER PROMOTIONS.

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

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

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

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

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

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

       ``(a) The Secretary may provide financial assistance to an 
     eligible enlisted member of the Coast Guard Reserve, not on 
     active duty, for expenses of the member while the member is 
     pursuing on a full-time basis at an institution of higher 
     education a program of education approved by the Secretary 
     that leads to--
       ``(1) a baccalaureate degree in not more than five academic 
     years; or
       ``(2) a post-baccalaureate degree.
       ``(b)(1) To be eligible for financial assistance under this 
     section, an enlisted member of the Coast Guard Reserve must--
       ``(A) be enrolled on a full-time basis in a program of 
     education referred to in subsection (a) at any institution of 
     higher education; and
       ``(B) enter into a written agreement with the Coast Guard 
     described in paragraph (2).
       ``(2) A written agreement referred to in paragraph (1)(B) 
     is an agreement between the member and the Secretary in which 
     the member agrees--
       ``(A) to accept an appointment as a commissioned officer in 
     the Coast Guard Reserve, if tendered;
       ``(B) to serve on active duty for up to five years; and
       ``(C) under such terms and conditions as shall be 
     prescribed by the Secretary, to serve in the Coast Guard 
     Reserve until the eighth anniversary of the date of the 
     appointment.
       ``(c) Expenses for which financial assistance may be 
     provided under this section are--
       ``(1) tuition and fees charged by the institution of higher 
     education involved;
       ``(2) the cost of books;
       ``(3) in the case of a program of education leading to a 
     baccalaureate degree, laboratory expenses; and
       ``(4) such other expenses as deemed appropriate by the 
     Secretary.
       ``(d) The amount of financial assistance provided to a 
     member under this section

[[Page 27055]]

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

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

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

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

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

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

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

       (a) In General.--Chapter 11 of title 14, United States 
     Code, is amended--
       (1) in section 281--
       (A) by striking ``three'' in the section heading and 
     inserting ``five''; and
       (B) by striking ``three'' in the text and inserting 
     ``five'';
       (2) in section 283(b)(2)(A), by striking ``severance'' and 
     inserting ``separation'';
       (3) in section 286--
       (A) by striking ``SEVERANCE'' in the section heading and 
     inserting ``SEPARATION''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) An officer of the Regular Coast Guard who is 
     discharged under this section or section 282, 283, or 284 of 
     this title who has completed 6 or more, but less than 20, 
     continuous years of active service immediately before that 
     discharge or release is entitled to separation pay computed 
     under subsection (d)(1) of section 1174 of title 10.
       ``(c) An officer of the Regular Coast Guard who is 
     discharged under section 327 of this title, who has completed 
     6 or more, but less than 20, continuous years of active 
     service immediately before that discharge or release is 
     entitled to separation pay computed under subsection (d)(1) 
     or (d)(2) of section 1174 of title 10 as determined under 
     regulations promulgated by the Secretary.
       ``(d) Notwithstanding subsections (a) or (b), an officer 
     discharged under chapter 11 of this title for twice failing 
     of selection for promotion to the next higher grade is not 
     entitled to separation pay under this section if the officer 
     requested in writing or otherwise sought not to be selected 
     for promotion, or requested removal from the list of 
     selectees.'';
       (4) in section 286a--
       (A) by striking ``SEVERANCE'' in the section heading and 
     inserting ``SEPARATION'' in its place; and
       (B) by striking subsections (a), (b), and (c) and inserting 
     the following:
       ``(a) A regular warrant officer of the Coast Guard who is 
     discharged under section 580 of title 10, and has completed 6 
     or more, but less than 20, continuous years of active service 
     immediately before that discharge is entitled to separation 
     pay computed under subsection (d)(1) of section 1174 of title 
     10.
       ``(b) A regular warrant officer of the Coast Guard who is 
     discharged under section 1165 or 1166 of title 10, and has 
     completed 6 or more, but less than 20, continuous years of 
     active service immediately before that discharge is entitled 
     to separation pay computed under subsection (d)(1) or (d)(2) 
     of section 1174 of title 10, as determined under regulations 
     promulgated by the Secretary.
       ``(c) In determining a member's years of active service for 
     the purpose of computing separation pay under this section, 
     each full month of service that is in addition to the number 
     of full years of service creditable to the member is counted 
     as one-twelfth of a year and any remaining fractional part of 
     a month is disregarded.''; and
       (5) in section 327--
       (A) by striking ``severance'' in the section heading and 
     inserting ``separation'';
       (B) by striking subsection (a)(2) and inserting in its 
     place the following:
       ``(2) for discharge with separation benefits under section 
     286(c) of this title.'';
       (C) by striking subsection (a)(3);
       (D) by striking subsection (b)(2) and inserting in its 
     place the following:
       ``(2) if on that date the officer is ineligible for 
     voluntary retirement under any law, be honorably discharged 
     with separation benefits under section 286(c) of this title, 
     unless under regulations promulgated by the Secretary the 
     condition under which the officer is discharged does not 
     warrant an honorable discharge.''; and
       (E) by striking subsection (b)(3).
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 11 of title 14, United States Code, is 
     amended--
       (1) in the item relating to section 281, by striking 
     ``three'' and inserting ``five'' in its place; and
       (2) in the item relating to section 286, by striking 
     ``severance'' and inserting ``separation'' in its place;
       (3) in the item relating to section 286a, by striking 
     ``severance'' and inserting ``separation'' in its place; and
       (4) in the item relating to section 327, by striking 
     ``severance'' and inserting ``separation'' in its place.
       (c) Effective Date.--The amendments made by paragraphs (2), 
     (3), (4), and (5) of subsection (a) shall take effect four 
     years after the date of enactment of this Act, except that 
     subsection (d) of section 286 of title 14, United States 
     Code, as amended by paragraph (3) of subsection (a) of this 
     section shall take effect on enactment of this Act and shall 
     apply with respect to conduct on or after that date. The 
     amendments made to the table of sections of chapter 11 of 
     title 14, United States Code, by paragraphs (2), (3), and (4) 
     of subsection (b) of this section shall take effect four 
     years after the date of enactment of this Act.

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

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

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

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

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

[[Page 27056]]



     SEC. 418. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTS.

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

     SEC. 419. WING-IN-GROUND CRAFT.

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

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

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

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

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

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

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

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

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

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

     SEC. 423. MARINE CASUALTY INVESTIGATIONS INVOLVING FOREIGN 
                   VESSELS.

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

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

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

[[Page 27057]]



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

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

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

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

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

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

     SEC. 428. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.

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

     SEC. 429. ICEBREAKING SERVICES.

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

     SEC. 430. FISHING VESSEL SAFETY TRAINING.

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

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

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

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

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

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

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

       (a) Assistance Authorized.--The Secretary of Transportation 
     may use amounts authorized under this section to provide 
     financial assistance to the City of Chicago, Illinois, to pay 
     the Federal share of the cost of a project to demolish the 
     Old Coast Guard Station, located at the north end of the 
     inner Chicago Harbor breakwater at the foot of Randolph 
     Street, and to plan, engineer, design, and construct a new 
     facility at that site for use as a marine safety station on 
     the Chicago lakefront.
       (b) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost of a 
     project carried out with assistance under this section may 
     not exceed one third of the total cost of the project or 
     $2,000,000, whichever is less.
       (2) Non-federal share.--There shall not be applied to the 
     non-Federal share of a project carried out with assistance 
     under this section--
       (A) the value of land and existing facilities used for the 
     project; and
       (B) any costs incurred for site work performed before the 
     date of the enactment of this Act, including costs for 
     reconstruction of the east breakwater wall and associated 
     utilities.
       (c) Authorization of Appropriations.--In addition to the 
     other amounts authorized by this Act, for providing financial 
     assistance under this section there is authorized to be 
     appropriated to the Secretary of Transportation $2,000,000 
     for fiscal year 2002, to remain available until expended.

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

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

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

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

  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

[[Page 27058]]

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 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

[[Page 27059]]

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.
  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.

[[Page 27060]]


  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.

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