[Congressional Record (Bound Edition), Volume 147 (2001), Part 3]
[House]
[Pages 4116-4120]
[From the U.S. Government Publishing Office, www.gpo.gov]



         COAST GUARD PERSONNEL AND MARITIME SAFETY ACT OF 2001

  Mr. LoBIONDO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1099) to make changes in laws governing Coast Guard 
personnel, increase marine safety, renew certain groups that advise the 
Coast Guard on safety issues, make miscellaneous improvements to Coast 
Guard operations and policies, and for other purposes.
  The Clerk read as follows:

                               H. R. 1099

       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 Personnel and 
     Maritime Safety Act of 2001''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

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

                     TITLE I--PERSONNEL MANAGEMENT

Sec. 101. Coast Guard band director rank.
Sec. 102. Compensatory absence for isolated duty.
Sec. 103. Accelerated promotion of certain Coast Guard officers.

                        TITLE II--MARINE SAFETY

Sec. 201. Extension of Territorial Sea for Vessel Bridge-to-Bridge 
              Radiotelephone Act.
Sec. 202. Preservation of certain reporting requirements.
Sec. 203. Oil Spill Liability Trust Fund; emergency fund borrowing 
              authority.
Sec. 204. Merchant mariner documentation requirements.
Sec. 205. Penalties for negligent operations and interfering with safe 
              operation.

                 TITLE III--RENEWAL OF ADVISORY GROUPS

Sec. 301. Commercial Fishing Industry Vessel Advisory Committee.
Sec. 302. Houston-Galveston Navigation Safety Advisory Committee.
Sec. 303. Lower Mississippi River Waterway Advisory Committee.
Sec. 304. Navigation Safety Advisory Council.
Sec. 305. National boating safety advisory council.
Sec. 306. Towing Safety Advisory Committee.

                        TITLE IV--MISCELLANEOUS

Sec. 401. Patrol craft.
Sec. 402. Clarification of Coast Guard authority to control vessels in 
              territorial waters of the United States.
Sec. 403. Caribbean support tender.
Sec. 404. Prohibition of new maritime user fees.
Sec. 405. Great Lakes lighthouses.
Sec. 406. Coast Guard report on implementation of NTSB recommendations.
Sec. 407. Conveyance of Coast Guard property in Portland, Maine.
Sec. 408. Harbor safety committees.
Sec. 409. Miscellaneous conveyances.
Sec. 410. Partnerships for performance of work at Coast Guard Yard.
Sec. 411. Boating safety.

                     TITLE I--PERSONNEL MANAGEMENT

     SEC. 101. COAST GUARD BAND DIRECTOR RANK.

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

     SEC. 102. 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. 103. ACCELERATED PROMOTION OF CERTAIN COAST GUARD 
                   OFFICERS.

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

                        TITLE II--MARINE SAFETY

     SEC. 201. 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. 202. 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.

[[Page 4117]]

       (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. 203. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND 
                   BORROWING AUTHORITY.

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

     SEC. 204. 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. 205. 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.''.

                 TITLE III--RENEWAL OF ADVISORY GROUPS

     SEC. 301. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY 
                   COMMITTEE.

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

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

     SEC. 302. 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. 303. 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. 304. 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. 305. 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. 306. TOWING SAFETY ADVISORY COMMITTEE.

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

                        TITLE IV--MISCELLANEOUS

     SEC. 401. 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. 402. 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 24 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. 403. CARIBBEAN SUPPORT TENDER.

       The Coast Guard is authorized to operate and maintain a 
     Caribbean Support Tender (or similar type vessel) to provide 
     technical assistance, including law enforcement training, for 
     foreign coast guards, navies, and other maritime services.

     SEC. 404. PROHIBITION OF NEW MARITIME USER FEES.

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

     SEC. 405. 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

[[Page 4118]]

     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. 406. COAST GUARD REPORT ON IMPLEMENTATION OF NTSB 
                   RECOMMENDATIONS.

       The Commandant of the Coast Guard shall submit a written 
     report to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate within 90 
     days after the date of enactment of this Act on what actions 
     the Coast Guard has taken to implement the recommendations of 
     the National Transportation Safety Board in its Report No. 
     MAR-99-01. The report--
       (1) shall describe in detail, by geographic region--
       (A) what steps the Coast Guard is taking to fill gaps in 
     its communications coverage;
       (B) what progress the Coast Guard has made in installing 
     direction-finding systems; and
       (C) what progress the Coast Guard has made toward 
     completing its national distress and response system 
     modernization project; and
       (2) include an assessment of the safety benefits that might 
     reasonably be expected to result from increased or 
     accelerated funding for--
       (A) measures described in paragraph (1)(A); and
       (B) the national distress and response system modernization 
     project.

     SEC. 407. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, 
                   MAINE.

       (a) Authority To Convey.--
       (1) In general.--The Secretary of Transportation, or a 
     designee of the Secretary, may convey to the Gulf of Maine 
     Aquarium Development Corporation, its successors and assigns, 
     without payment for consideration, all right, title, and 
     interest of the United States in and to approximately 4.13 
     acres of land, including a pier and bulkhead, known as the 
     Naval Reserve Pier property, together with any improvements 
     thereon in their then current condition, located in Portland, 
     Maine. All conditions placed with the deed of title shall be 
     construed as covenants running with the land.
       (2) Identification of property.--The Secretary, in 
     consultation with the Commandant of the Coast Guard, may 
     identify, describe, and determine the property to be conveyed 
     under this section. The floating docks associated with or 
     attached to the Naval Reserve Pier property shall remain the 
     personal property of the United States.
       (b) Lease to the United States.--
       (1) Condition of conveyance.--The Naval Reserve Pier 
     property shall not be conveyed until the Corporation enters 
     into a lease agreement with the United States, the terms of 
     which are mutually satisfactory to the Commandant and the 
     Corporation, in which the Corporation shall lease a portion 
     of the Naval Reserve Pier property to the United States for a 
     term of 30 years without payment of consideration. The lease 
     agreement shall be executed within 12 months after the date 
     of enactment of this Act.
       (2) Identification of leased premises.--The Secretary, in 
     consultation with the Commandant, may identify and describe 
     the leased premises and rights of access, including the 
     following, in order to allow the Coast Guard to operate and 
     perform missions from and upon the leased premises:
       (A) The right of ingress and egress over the Naval Reserve 
     Pier property, including the pier and bulkhead, at any time, 
     without notice, for purposes of access to Coast Guard vessels 
     and performance of Coast Guard missions and other mission-
     related activities.
       (B) The right to berth Coast Guard cutters or other vessels 
     as required, in the moorings along the east side of the Naval 
     Reserve Pier property, and the right to attach floating docks 
     which shall be owned and maintained at the United States' 
     sole cost and expense.
       (C) The right to operate, maintain, remove, relocate, or 
     replace an aid to navigation located upon, or to install any 
     aid to navigation upon, the Naval Reserve Pier property as 
     the Coast Guard, in its sole discretion, may determine is 
     needed for navigational purposes.
       (D) The right to occupy up to 3,000 gross square feet at 
     the Naval Reserve Pier property for storage and office space, 
     which will be provided and constructed by the Corporation, at 
     the Corporation's sole cost and expense, and which will be 
     maintained, and utilities and other operating expenses paid 
     for, by the United States at its sole cost and expense.
       (E) The right to occupy up to 1,200 gross square feet of 
     offsite storage in a location other than the Naval Reserve 
     Pier property, which will be provided by the Corporation at 
     the Corporation's sole cost and expense, and which will be 
     maintained, and utilities and other operating expenses paid 
     for, by the United States at its sole cost and expense.
       (F) The right for Coast Guard personnel to park up to 60 
     vehicles, at no expense to the government, in the 
     Corporation's parking spaces on the Naval Reserve Pier 
     property or in parking spaces that the Corporation may secure 
     within 1,000 feet of the Naval Reserve Pier property or 
     within 1,000 feet of the Coast Guard Marine Safety Office 
     Portland. Spaces for no less than 30 vehicles shall be 
     located on the Naval Reserve Pier property.
       (3) Renewal.--The lease described in paragraph (1) may be 
     renewed, at the sole option of the United States, for 
     additional lease terms.
       (4) Limitation on subleases.--The United States may not 
     sublease the leased premises to a third party or use the 
     leased premises for purposes other than fulfilling the 
     missions of the Coast Guard and for other mission related 
     activities.
       (5) Termination.--In the event that the Coast Guard ceases 
     to use the leased premises, the Secretary, in consultation 
     with the Commandant, may terminate the lease with the 
     Corporation.
       (c) Improvement of Leased Premises.--
       (1) In general.--The Naval Reserve Pier property shall not 
     be conveyed until the Corporation enters into an agreement 
     with the United States, subject to the Commandant's design 
     specifications, project's schedule, and final project 
     approval, to replace the bulkhead and pier which connects to, 
     and provides access from, the bulkhead to the floating docks, 
     at the Corporation's sole cost and expense, on the east side 
     of the Naval Reserve Pier property within 30 months from the 
     date of conveyance. The agreement to improve the leased 
     premises shall be executed within 12 months after the date of 
     enactment of this Act.
       (2) Further improvements.--In addition to the improvements 
     described in paragraph (1), the Commandant is authorized to 
     further improve the leased premises during the lease term, at 
     the United States sole cost and expense.
       (d) Utility Installation and Maintenance Obligations.--
       (1) Utilities.--The Naval Reserve Pier property shall not 
     be conveyed until the Corporation enters into an agreement 
     with the United States to allow the United States to operate 
     and maintain existing utility lines and related equipment, at 
     the United States sole cost and expense. At such time as the 
     Corporation constructs its proposed public aquarium, the 
     Corporation shall replace existing utility lines and related 
     equipment and provide additional utility lines and equipment 
     capable of supporting a third 110-foot Coast Guard cutter, 
     with comparable, new, code compliant utility lines and 
     equipment at the Corporation's sole cost and expense, 
     maintain such utility lines and related equipment from an 
     agreed upon demarcation point, and make such utility lines 
     and equipment available for use by the United States, 
     provided that the United States pays for its use of utilities 
     at its sole cost and expense. The agreement concerning the 
     operation and maintenance of utility lines and equipment 
     shall be executed within 12 months after the date of 
     enactment of this Act.
       (2) Maintenance.--The Naval Reserve Pier property shall not 
     be conveyed until the Corporation enters into an agreement 
     with the United States to maintain, at the Corporation's sole 
     cost and expense, the bulkhead and pier on the east side of 
     the Naval Reserve Pier property. The agreement concerning the 
     maintenance of the bulkhead and pier shall be executed within 
     12 months after the date of enactment of this Act.
       (3) Aids to navigation.--The United States shall be 
     required to maintain, at its sole cost and expense, any Coast 
     Guard active aid to navigation located upon the Naval Reserve 
     Pier property.
       (e) Additional Rights.--The conveyance of the Naval Reserve 
     Pier property shall be made subject to conditions the 
     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

[[Page 4119]]

     any such liability may not be modified or enlarged by this 
     Act or any agreement of the parties.
       (h) Expiration of Authority To Convey.--The authority to 
     convey the Naval Reserve property under this section shall 
     expire 3 years after the date of enactment of this Act.
       (i) Definitions.--In this section:
       (1) Aid to navigation.--The term ``aid to navigation'' 
     means equipment used for navigational purposes, including but 
     not limited to, a light, antenna, sound signal, electronic 
     navigation equipment, cameras, sensors power source, or other 
     related equipment which are operated or maintained by the 
     United States.
       (2) Corporation.--The term ``Corporation'' means the Gulf 
     of Maine Aquarium Development Corporation, its successors and 
     assigns.

     SEC. 408. HARBOR SAFETY COMMITTEES.

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

     SEC. 409. 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 Act; or
       (iii) ceases to be maintained in a manner consistent with 
     the conditions in paragraph (4) established by the Secretary 
     pursuant to the National Historic Preservation Act (16 U.S.C. 
     470 et seq.); or
       (B) at least 30 days before that reversion, the Secretary 
     provides written notice to the owner that the property is 
     needed for national security purposes.
       (3) Maintenance of navigation functions.--Each conveyance 
     of property under this section shall be made subject to the 
     conditions that the Secretary considers to be necessary to 
     assure that--
       (A) the lights, antennas, and associated equipment located 
     on the property conveyed, which are active aids to 
     navigation, shall continue to be operated and maintained by 
     the United States for as long as they are needed for this 
     purpose;
       (B) the owner of the property may not interfere or allow 
     interference in any manner with aids to navigation without 
     express written permission from the Commandant;
       (C) there is reserved to the United States the right to 
     relocate, replace, or add any aid to navigation or make any 
     changes to the property conveyed as may be necessary for 
     navigational purposes;
       (D) the United States shall have the right, at any time, to 
     enter the property without notice for the purpose of 
     operating, maintaining and inspecting aids to navigation, and 
     for the purpose of enforcing compliance with this subsection; 
     and
       (E) the United States shall have an easement of access to 
     and across the property for the purpose of maintaining the 
     aids to navigation in use on the property.
       (4) Maintenance of property.--(A) Subject to subparagraph 
     (B), the owner of a property conveyed under this section 
     shall maintain the property in a proper, substantial, and 
     workmanlike manner, and in accordance with any conditions 
     established by the conveying authority pursuant to the 
     National Historic Preservation Act (16 U.S.C. 470 et seq.), 
     and other applicable laws.
       (B) The owner of a property conveyed under this section is 
     not required to maintain any active aid to navigation 
     equipment on the property, except private aids to navigation 
     permitted under section 83 of title 14, United States Code.
       (c) Special Terms and Conditions.--The Secretary may retain 
     all right, title, and interest of the United States in and to 
     any portion of any parcel referred to in subsection (a)(1)(B) 
     that the Secretary considers appropriate.
       (d) Definitions.--In this section:
       (1) Aids to navigation.--The term ``aids to navigation'' 
     means equipment used for navigation purposes, including a 
     light, antenna, radio, sound signal, electronic navigation 
     equipment, or other associated equipment which are operated 
     or maintained by the United States.
       (2) Commandant.--The term ``Commandant'' means the 
     Commandant of the Coast Guard.
       (3) Owner.--The term ``owner'' means, for a property 
     conveyed under this section, the person identified in 
     subsection (a)(1) of the property, and includes any successor 
     or assign of that person.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

     SEC. 410. PARTNERSHIPS FOR PERFORMANCE OF WORK AT COAST GUARD 
                   YARD.

       (a) Authority.--The Commandant of the Coast Guard may enter 
     into agreements and other arrangements with public and 
     private foreign and domestic entities, to establish 
     partnerships for the performance of work at the Coast Guard 
     Yard, located in Baltimore, Maryland.
       (b) Receipt of Funds, Contributions, and Use of 
     Facilities.--
       (1) In general.--The Coast Guard may, under partnerships 
     under this section, receive funds, contributions of materials 
     and services, and use of non-Coast Guard facilities.
       (2) Treatment of funds received.--Funds received by the 
     Coast Guard under this subsection shall be deposited into the 
     Coast Guard Yard Revolving Fund.
       (c) 5-Year Business Plan.--The Secretary of Transportation 
     shall, within 6 months after the date of the enactment of 
     this Act, submit to the Congress a 5-year business plan for 
     the most efficient utilization of the Coast Guard Yard.

     SEC. 411. 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

[[Page 4120]]

     safety program by a State agency, a public corporation 
     established under State law, or any other State 
     instrumentality, as determined by the Secretary''.

  The SPEAKER pro tempore (Mr. LaTourette). Pursuant to the rule, the 
gentleman from New Jersey (Mr. LoBiondo) and the gentleman from 
Massachusetts (Mr. McGovern) 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 Personnel 
and Maritime Safety Act of 2001. This bill contains many important 
provisions related to Coast Guard personnel management, commercial and 
recreational vessel safety, and environmental protection. These 
provisions were developed during the conference negotiations on the 
Coast Guard Authorization Act of 2000 in the last Congress, but were 
not enacted because of unrelated matters.
  We are aware of no controversies concerning any section in this bill 
and hope that the Senate will send this bill to the President as soon 
as possible.
  Section 103 of this bill gives the Coast Guard additional promotional 
authority to respond to retention problems in the Coast Guard officer 
corps. Section 203 of the bill allows the Coast Guard to borrow up to 
$100 million from the Oil Spill Liability trust fund to clean up oil 
spills in emergency situations. The bill also contains authority for 
the Coast Guard to acquire seven PC-170 patrol craft from the Navy for 
use in drug interdiction operations.
  Mr. Speaker, I want to take this opportunity to commend the men and 
women of the Coast Guard for the exceptional service they provide to 
our country. All Americans benefit from a strong Coast Guard that is 
equipped to stop drug smugglers, support the country's defense, and 
respond to national emergencies.
  Unfortunately, the Coast Guard, like other military services, suffers 
from readiness problems related to deferred maintenance, aged 
equipment, and personnel training and retention. We must act to correct 
these problems and put the Coast Guard on sound financial footing to be 
ready to respond to increasing demands on Coast Guard resources, 
especially and I repeat, especially the needs to increase drug 
interdiction operations.
  Finally, the Coast Guard operations must be made whole next year, 
ending this destructive cycle of funding shortfalls and end-of-the-year 
supplemental funding bills.
  Mr. Speaker, I urge all Members to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of H.R. 1099, the Coast 
Guard Personnel and Maritime Safety Act of 2001.
  Mr. Speaker, this is a very noncontroversial bill. As with the prior 
bill, H.R. 1099, all of the provisions were worked out by the conferees 
to the Coast Guard Authorization Act of 2000 conference last year.
  H.R. 1099 will help provide additional resources to combat drug 
smuggling, improve safety on our waterways, extend the lives of six 
safety advisory committees, increase the penalties for negligent 
operation of vessels on our Nation's waterways, improve the management 
for issuing documents to U.S. mariners, and allow for quicker 
promotions for Coast Guard officers of particular merit.
  Mr. Speaker, the Coast Guard is currently drastically reducing their 
operations due to funding shortfalls. These reductions have been caused 
largely by the increased price of energy, unbudgeted personnel 
entitlements in the National Defense Authorization Act of 2000, and 
increased health care costs.
  As a result, the Coast Guard has reduced current operations by 10 
percent and will reduce their operations by 30 percent on April 1. 
Clearly, additional funding is required. Failure to provide adequate 
funding will result in more drugs in our communities, more illegal 
immigrants on our streets, and more incursions by foreign fishing 
vessels into our waters.
  Mr. Speaker, the Coast Guard Personnel and Maritime Safety Act will 
improve the management of the Coast Guard, improve safety on our 
Nation's waterways, and provide added financial resources to help clean 
up oil spills.
  Therefore, I strongly urge my colleagues to support passage of H.R. 
1099, the Coast Guard Personnel and Maritime Safety Act of 2001.
  Mr. Speaker, I have no requests for time, and I yield back the 
balance of my time.
  Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I have a brief closing statement. Mr. Speaker, I would 
like to thank the gentleman from Massachusetts (Mr. McGovern) and the 
gentleman from Minnesota (Mr. Oberstar) for their help in these 
matters, especially the gentleman from Alaska (Chairman Young) for his 
advocacy of the Coast Guard.
  I would like to urge each Member of this body to understand the job 
that the Coast Guard is doing every day, to stop making excuses for why 
we are not giving them the resources that they need to protect our 
environment, our natural resources, for drug interdiction, and all the 
other things that they do.
  I think this is the year when we can join together shoulder to 
shoulder to make sure that we recognize the fine men and women of the 
Coast Guard and the job that they do and give them the resources 
necessary to continue their mission as dictated by Congress.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Simpson). 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. 1099.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. LoBIONDO. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed, and the vote will occur tomorrow.

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