[House Report 107-243]
[From the U.S. Government Publishing Office]




107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-243

======================================================================



 
               OMNIBUS MARITIME IMPROVEMENTS ACT OF 2001

                                _______
                                

October 16, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 2481]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2481) to improve maritime safety 
and the quality of life for Coast Guard personnel, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Omnibus Maritime Improvements Act of 
2001''.

SEC. 2. 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. 3. VESSELS FOR CABLE LAYING.

  (a) Requirement.--Only eligible vessels may be used after the date of 
enactment of this Act in the course of--
          (1) laying a submarine cable between 2 landings in the United 
        States;
          (2) making a shore landing of a submarine cable in the United 
        States;
          (3) laying or burying a submarine cable on or under the lands 
        beneath the navigable waters of the United States; or
          (4) servicing or maintaining a submarine cable--
                  (A) between 2 landings in the United States, or
                  (B) on or under the lands beneath the navigable 
                waters of the United States,
        if that cable is owned by, operated by, or operated for the 
        United States Government.
  (b) Definition.--For purposes of this section--
          (1) the term ``eligible vessel'' means--
                  (A) a United States-flag vessel, if before July 1, 
                2001, it was a United States-flag vessel used in the 
                course of any of the services specified in paragraphs 
                (1) through (4) of subsection (a); or
                  (B) a vessel documented under section 12105 of title 
                46, United States Code; and
          (2) the term ``navigable waters of the United States'' 
        includes all waters of the territorial sea of the United States 
        as described in Presidential Proclamation No. 5928 of December 
        27, 1988.

SEC. 4. 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. 5. SEARCH AND RESCUE CENTER STANDARDS.

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

``Sec. 676. Search and rescue center standards

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

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

SEC. 6. VHF COMMUNICATIONS SERVICES.

  The Secretary of Transportation may authorize a person providing 
commercial VHF communications services to place commercial VHF 
communications equipment on Coast Guard owned or controlled property 
(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 price based on providing 
such access to property owned or controlled by the Coast Guard.

SEC. 7. 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.

SEC. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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 forretirement 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. 13. RESERVE STUDENT PRE-COMMISSIONING ASSISTANCE PROGRAM.

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

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

  ``(a) The Secretary may provide financial assistance to an eligible 
enlisted member of the Coast Guard Reserve, not on active duty, for 
expenses of the member while the member is pursuing on a full-time 
basis at an institution of higher education a program of education 
approved by the Secretary that leads to--
          ``(1) a baccalaureate degree in not more than five academic 
        years; or
          ``(2) a post-baccalaureate degree.
  ``(b)(1) To be eligible for financial assistance under this section, 
an enlisted member of the Coast Guard Reserve must--
          ``(A) be enrolled on a full-time basis in a program of 
        education referred to in subsection (a) at any institution of 
        higher education; and
          ``(B) enter into a written agreement with the Coast Guard 
        described in paragraph (2).
  ``(2) A written agreement referred to in paragraph (1)(B) is an 
agreement between the member and the Secretary in which the member 
agrees--
          ``(A) to accept an appointment as a commissioned officer in 
        the Coast Guard Reserve, if tendered;
          ``(B) to serve on active duty for up to five years; and
          ``(C) under such terms and conditions as shall be prescribed 
        by the Secretary, to serve in the Coast Guard Reserve until the 
        eighth anniversary of the date of the appointment.
  ``(c) Expenses for which financial assistance may be provided under 
this section are--
          ``(1) tuition and fees charged by the institution of higher 
        education involved;
          ``(2) the cost of books;
          ``(3) in the case of a program of education leading to a 
        baccalaureate degree, laboratory expenses; and
          ``(4) such other expenses as deemed appropriate by the 
        Secretary.
  ``(d) The amount of financial assistance provided to a member under 
this section shall be prescribed by the Secretary, but may not exceed 
$25,000 for any academic year.
  ``(e) Financial assistance may be provided to a member under this 
section for up to five consecutive academic years.
  ``(f) A member who receives financial assistance under this section 
may be ordered to active duty in the Coast Guard Reserve by the 
Secretary to serve in a designated enlisted grade for such period as 
the Secretary prescribes, but not more than four years, if the member--
          ``(1) completes the academic requirements of the program and 
        refuses to accept an appointment as a commissioned officer in 
        the Coast Guard Reserve when offered;
          ``(2) fails to complete the academic requirements of the 
        institution of higher education involved; or
          ``(3) fails to maintain eligibility for an original 
        appointment as a commissioned officer.
  ``(g)(1) If a member requests to be released from the program and the 
request is accepted by the Secretary, or if the member fails because of 
misconduct to complete the period of active duty specified, or if the 
member fails to fulfill any term or condition of the written agreement 
required to be eligible for financial assistance under this section, 
the financial assistance shall be terminated. The member shall 
reimburse the United States in an amount that bears the same ratio to 
the total cost of the education provided to such person as the unserved 
portion of active duty bears to the total period of active duty such 
person agreed to serve. The Secretary shall have the option to order 
such reimbursement without first ordering the member to active duty.
  ``(2) The Secretary may waive the service obligated under subsection 
(f) of a member who is not physically qualified for appointment and who 
is determined to be unqualified for service as an enlisted member of 
the Coast Guard Reserve due to a physical or medical condition that was 
not the result of the member's own misconduct or grossly negligent 
conduct.
  ``(h) As used in this section, `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. 14. 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. 15. 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. 16. 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. 17. LONG-TERM LEASE AUTHORITY FOR LIGHTHOUSE PROPERTY.

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

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

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

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

SEC. 18. 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. 19. 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. 20. 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. 21. DELETION OF THUMBPRINT REQUIREMENT FOR MERCHANT MARINERS' 
                    DOCUMENTS.

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

SEC. 22. 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. 23. 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. 24. 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.

                          Purpose of the Bill

    The primary purpose of H.R. 2481, the Omnibus Maritime 
Improvements Act of 2001, is to make a number of changes to 
U.S. maritime laws and U.S. Coast Guard authorities.

                Section by Section Analysis of H.R. 2481


                         SECTION 1. SHORT TITLE

    This section states that the Act may be cited as the 
Omnibus Maritime Improvements Act of 2001.

        SECTION 2. EXTENSION OF COAST GUARD HOUSING AUTHORITIES

    The Coast Guard Authorization Act of 1996 provides the 
Coast Guard with the legal authorities to encourage private 
sector participation in the acquisition or construction of 
Coast Guard housing on or near Coast Guard installations.
    Section 2 would extend the present Coast Guard housing 
authorities from October 1, 2001, to October 1, 2006. The Coast 
Guard is currently in the process of developing proposals for 
several potential housing projects using these new authorities.
    This section further authorizes the Coast Guard to 
implement a demonstration project for the acquisition or 
construction of military family housing and military 
unaccompanied housing at the Coast Guard installation in 
Kodiak, Alaska.

                  SECTION 3. VESSELS FOR CABLE LAYING

    Section 3 of H.R. 2481 requires that vessels engaged in 
laying a submarine cable between two landings in the United 
States, cable making a shore landing in the United States, and 
cable laid on or beneath the navigable waters of the United 
States, to be a U.S.-flag vessel if the cable is owned or 
operated by or for the United States Government. Nothing in 
this section affects the authority of the Secretary of 
Transportation under section 8103(b)(3)(C) of title 46, United 
States Code, to waive a citizenship requirement for the crew of 
a vessel on the grounds that qualified seamen who are citizens 
of the United States are not available. These vessels must 
either be U.S.-flag vessels involved in cable services before 
July 1, 2001, or have a certificate of documentation with a 
registry endorsement.

       SECTION 4. VESSEL ESCORT OPERATIONS AND TOWING ASSISTANCE

    Subsections (a) and (b) of section 4 were enacted into law 
as part of the Conference Report on the Department of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 2001. This section requires that vessels 
engaged in towing assistance or towing escort be a vessel of 
the United States.
    Subsection (c) of section 4 establishes a civil penalty for 
a person who violates this section. The penalty is not more 
than $10,000 for each day during which the violation occurs.

             SECTION 5. SEARCH AND RESCUE CENTER STANDARDS

    Section 5 of the bill requires the Secretary of 
Transportation, by July 1, 2002, to prescribe and implement the 
minimum standards necessary for the safe operation of all Coast 
Guard search and rescue facilities including communications 
centers, groups, and stations that are engaged in search and 
rescue activities. The Secretary shall include standards 
related to lighting, acoustics, and temperature in the 
facilities; the number of individuals on a shift that conduct 
search and rescue responsibilities; the length of time an 
individual may serve on watch to minimize fatigue; the 
scheduling of individuals on watch to minimize fatigue; the 
workload of the individuals on watch; and stress management for 
these personnel. Many of these standards have been identified 
in Coast Guard studies such as ``U.S. Coast Guard Station 
Staffing Study in Pursuit of Excellence: Building a Better 
Station'' which was published in November 1991.
    More recently, the Coast Guard Research and Development 
Center issued a report entitled ``Workload and Crew Endurance 
Issues at USCG Communication Centers''. The researchers focused 
on the Coast Guard District 17 Communications Center in Alaska. 
That report stated that lighting should be ``*1,000 lux (about 
2-2.5 times the light level normally recommended for office 
work''. In addition, it said that ``the watch schedules seen in 
the District 17 Communications Center and at many Coast Guard 
units cause duty sections to rotate between day and night duty 
one or two times a week. This type of schedule causes jet-lag 
like symptoms and is detrimental to good alertness. It is often 
possible to restructure the watch schedule to either eliminate 
such rotations or to rotate more slowly (e.g. monthly) so that 
the body clock is able to adapt to the schedule and support 
alert performance during duty periods.''
    The Committee is concerned about the fatigue of Coast Guard 
personnel that are required to be alert when on duty. 
Therefore, section 5 also prohibits, after July 1, 2002, any 
individual on duty or watch in a Coast Guard search and rescue 
center facility from working more than 12 hours in a 24 hour 
period, except in an emergency. This standard is the same as 
the current Coast Guard policy on 12-hour watches. The 
Committee does not intend for the Coast Guard to close any 
existing small boat stations or other facilities to implement 
this section. Therefore, the delayed implementation date was 
set to provide the Coast Guard sufficient time to train and 
assign any additional individuals to these operations centers, 
groups, and stations that may be needed. While this section 
does not apply to individuals that are assigned to vessels and 
aircraft, the Secretary should also ensure that fatigue 
standards are developed and implemented for these individuals.

                 SECTION 6. VHF COMMUNICATIONS SERVICES

    Section 6 of H.R. 2481 authorizes the Coast Guard to allow 
private VHF Communications companies to place equipment and VHF 
towers on Coast Guardproperty. In exchange, the Coast Guard may 
receive discounted VHF communications services from these companies, 
including Digital Selective Calling services and radio direction 
finding services. The Committee believes that the Coast Guard could use 
this authority to help fill in the existing gaps in the Coast Guard's 
VHF coverage as well as to provide digital selective calling and radio 
direction finding services in areas where the Coast Guard currently 
does not have that capability.

  SECTION 7. LOWER COLUMBIA RIVER MARITIME FIRE AND SAFETY ACTIVITIES

    Section 7 authorizes $987,400 for the activities of the 
Lower Columbia River Maritime Fire and Safety Association.

  SECTION 8. CONFORMING REFERENCES TO THE FORMER MERCHANT MARINE AND 
                          FISHERIES COMMITTEE

    Section 8 of the bill conforms certain permanent laws of 
the United States relating to the Coast Guard and maritime 
transportation by correcting references to the former Merchant 
Marine and Fisheries Committee of the House of Representatives.

             SECTION 9. RESTRICTION ON VESSEL DOCUMENTATION

    This section prohibits a vessel, which has been forfeited 
to the United States government for a breach of the laws of the 
United States, from obtaining a certificate of documentation 
with a fisheries endorsement. This section does not grant the 
Coast Guard new authority to seize or forfeit vessels.

        SECTION 10. HYPOTHERMIA PROTECTIVE CLOTHING REQUIREMENT

    Section 10 of H.R. 2481 requires the Commandant of the 
Coast Guard to ensure that all Coast Guard personnel are 
equipped with adequate safety equipment, including hypothermia 
protective clothing where appropriate, while performing search 
and rescue missions.

                 SECTION 11. RESERVE OFFICER PROMOTIONS

    Section 11 makes technical amendments regarding the 
promotion of Coast Guard Reserve Officers to implement the 
changes to the Reserve promotion system included in the fiscal 
year 2001 Department of Defense Authorization Act, Public Law 
106-398. Section 502 of P.L. 106-398 authorizes the Coast Guard 
to depart from a running mate system used to determine Reserve 
officer promotion. Section 11 prescribes a method for 
determining the date that a promotion becomes effective and 
establishes the date of rank in the event the Coast Guard 
promotes a Reserve officer under a system other than the 
running mate system.

SECTION 12. REGULAR LIEUTENANT COMMANDERS AND COMMANDERS; CONTINUATION 
                UPON FAILURE OF SELECTION FOR PROMOTION

    Section 12 of the bill authorizes the Coast Guard to 
continue commanders and lieutenant commanders scheduled to 
retire due to failure of selection for promotion. The Coast 
Guard would use the same process to implement this proposal as 
it currently uses for lieutenant continuation. Currently, the 
Coast Guard has no mechanism for retaining on active duty these 
officers who are not selected for promotion. Section 12 would 
also authorize lieutenant commanders to remain in active 
commissioned service for a maximum of 24 years while commanders 
could remain in service for 26 years. This authority is similar 
to that available to the Department of Defense.

    SECTION 13. RESERVE STUDENT PRE-COMMISSIONING ASSISTANCE PROGRAM

    Section 13 of H.R. 2481 authorizes the Coast Guard to pay 
an individual's undergraduate or graduate educational tuition 
when that individual enlists in the Coast Guard Reserve and 
promises to accept a commission in the Coast Guard Reserve upon 
completion of the degree. The individual would enlist in the 
Coast Guard Reserve in an inactive duty status while attending 
college or graduate school and, upon successful completion of 
the program of study, would be offered a commission as an 
officer in the Coast Guard Reserve to serve on active duty. The 
active duty term would be up to five years of obligated active 
service as well as three years inactive service. If the 
individual completes the program and refuses to accept a 
commission, or fails to complete the program, he would have to 
serve as an enlisted member of the Reserve for up to four 
years.
    The program would provide up to $25,000 of financial 
assistance per year per individual. The Coast Guard expects 
that there would be 20 to 25 individuals enrolled in the 
program at any given time. This tuition assistance program is 
similar to a highly successful Marine Corps program.

      SECTION 14. CONTINUATION ON ACTIVE DUTY BEYOND THIRTY YEARS

    Section 14 permits the Coast Guard to offer to captains, 
who would otherwise be forced to retire after thirty years of 
duty, the opportunity to continue on active duty. This proposal 
would allow the Coast Guard to retain these highly experienced 
individuals at very little additional cost.

   SECTION 15. PAYMENT OF DEATH GRATUITIES ON BEHALF OF COAST GUARD 
                              AUXILIARISTS

    Section 15 allows the Coast Guard to pay death gratuities 
to personal representatives of Coast Guard Auxiliarists who die 
in the line of duty, to the same extentthat death gratuities 
are paid on behalf of Federal employees.

     SECTION 16. ALIGN COAST GUARD SEVERANCE PAY AND REVOCATION OF 
       COMMISSION AUTHORITY WITH DEPARTMENT OF DEFENSE AUTHORITY

    Section 16 of H.R. 2481 revises the Coast Guard's severance 
pay provisions to incorporate the Department of Defense 
separation pay computations. Severance pay is paid to officers 
who twice fail to be selected for promotion. This proposal 
addresses two problems related to the Coast Guard severance pay 
system. First, it would eliminate severance pay inequities 
between regular Coast Guard officers and all other members of 
the service. The Coast Guard currently computes severance pay 
for regular commissioned officers and regular warrant officers, 
but relies on DOD separation pay computations for Reserve 
commissioned officers and Reserve warrant officers. Section 16 
would adopt DOD separation pay provisions for the uniform 
treatment of all of its members.
    Section 16 also eliminates a recent trend in which officers 
request not to be selected for promotion as to qualify for 
severance pay. This provision prohibits separation pay for any 
officer who has requested nonselection for promotion, or who 
has requested removal from the list of selectees once selected.
    Finally, section 16 allows the Coast Guard to revoke the 
commission of a regular officer during the first five years of 
active commissioned service rather than the current three year 
time period. This authority is similar to the Department of 
Defense.

     SECTION 17. LONG-TERM LEASE AUTHORITY FOR LIGHTHOUSE PROPERTY

    Section 17 authorizes the Coast Guard to lease lighthouse 
properties for terms not to exceed thirty years. Many Coast 
Guard lighthouse properties are currently leased to non-profit 
organizations which make them available to the public for 
educational, recreational, cultural or historical purposes. 
Current authority limits leases of Coast Guard property to five 
years. Non-profit groups operating these facilities need the 
assurance that they can enter into a long-term lease agreement, 
thereby justifying the expense of improvements, restoration, 
and repair of the lighthouse.

        SECTION 18. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTS

    Section 18 of this legislation amends the Maritime Drug Law 
Enforcement Act (MDLEA) to increase the Coast Guard's drug 
interdiction jurisdiction from 12 to 24 miles from U.S. shores. 
In September of 1999, the President extended, by proclamation, 
the outer limits of the U.S. contiguous zone to 24 nautical 
miles from the baseline. International law permits the 
enforcement of certain U.S. laws, including the MDLEA, against 
certain non-U.S. vessels in the contiguous zone of the U.S. 
However, the MDLEA does not reflect the expanded jurisdiction 
permitted by international law and the Presidential 
proclamation.
    This section also clarifies the circumstances under which 
the government can seize a vessel which participates in illicit 
drug smuggling.

                    SECTION 19. WING-IN-GROUND CRAFT

    Section 19 grants the Coast Guard statutory authority to 
regulate wing-in-ground craft and makes them subject to 
inspection as small passenger vessels. This highly experimental 
type of craft operates just above the surface of the water on a 
cushion of air. At the current time, none of these vessels are 
operating in the U.S. Section 19 would amend the definition of 
small passenger vessel to include wing-in-ground craft that 
carry at least one passenger for hire, regardless of tonnage. 
The provision also defines a wing-in-ground craft as a vessel 
that is capable of operating completely above the surface of 
the water on a dynamic air cushion created by aerodynamic life 
due to the ground effect between the vessel and the water's 
surface.

  SECTION 20. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS FOR VESSELS

    Section 20 of the bill removes the requirement for filing 
an original commercial instrument (for example, a ship 
mortgage) within ten days of the electronic filing of the 
instrument. A bill of sale, conveyance, mortgage, assignment, 
or related instrument pertaining to any documented vessel must 
be filed with the Secretary of Transportation to be effective. 
Electronic filing of such instruments was authorized beginning 
in 1996. However, in order for the electronic filing to be 
effective, an original of the instrument must be filed with the 
Secretary of Transportation within ten days. Section 20 removes 
the requirement for filing an original instrument. It is hoped 
that this provision will encourage electronic filing of 
commercial instruments with the Secretary thus reducing 
paperwork and delays in documenting vessels. This is a further 
effort by the Committee to decrease the cost of administering 
the vessel documentation program. Therefore, by law, the Coast 
Guard must reduce the ``user fees'' charged for providing this 
service. However, the Committee is disturbed that the public 
has not seen any reduction in user fees in several years 
despite the fact that the Coast Guard has made changes to the 
program to reduce program costs, such as by closing 14 
documentation offices and reducing staff by almost one-third. 
The public should not be charged amounts in excess of program 
costs simply because the Coast Guard takes too long to 
prescribe new regulations.

 SECTION 21. DELETION OF THUMBPRINT REQUIREMENT FOR MERCHANT MARINERS' 
                               DOCUMENTS

    Section 21 eliminates the requirement for a thumbprint to 
be placed on a merchant mariner's document (MMD). The 
thumbprint is no longer needed on the document since it now 
includes a photograph and must be issued every five years. The 
result of thischange world be to provide the Coast Guard with 
needed additional space on the MMD to describe mariner qualifications.

 SECTION 22. TEMPORARY CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL 
                                VESSELS

    Section 22 authorizes the Secretary of Transportation to 
issue temporary certificates of documentation, and to delegate 
to private third parties the authority to issue the 
certificates for recreational vessels.
    All documented vessels, including recreational vessels, 
equipped with propelling machinery cannot be operated without a 
number by the state of principal use or a current certificate 
of documentation. When documented vessels are sold, their 
documents are no longer valid. New vessels may not be legally 
operated without a number or document. Section 22 allows third 
parties to issue temporary certificates of documentation to 
recreational vessel owners in a timely manner and at a 
convenient location. Since the majority of certificates of 
documentation are for recreational vessels, this provision 
should ease the workload at the Coast Guard's National Vessel 
Documentation Center (NVDC). The Coast Guard will also be able 
to issue certificates of documentation for commercial vessels 
in a more timely manner.
    An owner of a recreational vessel meeting prescribed 
standards would immediately be issued a temporary certificate 
of documentation, which would be valid up to 30 days. The 
temporary document would be sent the NVDC where it would be 
reviewed. If no problems are identified, the NVDC would then 
issue a permanent certificate of documentation. Currently, many 
vessels operate illegally while waiting for issuance of a 
document. If an undocumented, unnumbered vessel is involved in 
a casualty, there are no records of ownership to provide 
information to search and rescue groups or to help establish 
liability. In some cases vessels awaiting a document also 
receive a state number and title in order to operate legally. 
This practice increases the opportunity for fraud, since 
vessels can then be mortgaged under two separate systems 
without the knowledge of the mortgagee. Under this program the 
Coast Guard would establish the maximum fee that could be 
charged for a temporary certificate of documentation. Because 
there is no Government cost for the processing or issuance of a 
temporary document, the cost should be similar to the fees 
charged by State governments for temporary license plates for 
motor vehicles.

  SECTION 23. MARINE CASUALTY INVESTIGATIONS INVOLVING FOREIGN VESSELS

    Section 23 of H.R. 2481 authorizes the Coast Guard to 
conduct marine casualty investigations involving foreign 
vessels in areas outside U.S. territorial waters consistent 
with the practices and procedures of international law. 
Currently, the Coast Guard can only investigate marine 
casualties involving foreign vessels when the casualty occurs 
within the territorial seas of the United States, generally 12 
miles from shore. The only exceptions to this rule include 
foreign passenger vessels if the marine casualty involves a 
U.S. citizen and foreign cargo vessels carrying oil within 200 
miles of the U.S. coast.
    The International Maritime Organization (IMO) Code for the 
Investigation of Marine Casualties and Incidents provides that 
Substantially Interested States may take part in marine 
casualty investigations. Substantially Interested States are 
generally those with a significant interest in the casualty by 
reason of the casualty's location, effect on the State's 
environment, citizens affected, or other circumstances. Because 
of the Coast Guard's limited statutory investigation authority, 
the agency is unable to take part in investigations envisioned 
by the IMO Code. There have been a number of specific cases 
where foreign countries requested the Coast Guard's assistance 
in marine casualty investigations and the agency was unable to 
participate.
    Section 23 would amend section 6106 of title 46, United 
States Code, to authorize the Coast Guard to conduct marine 
casualty investigations involving foreign vessels, consistent 
with generally recognized practices and procedures of 
international law, and the provisions of the IMO Code for the 
Investigation of Marine Casualties and Incidents.

  SECTION 24. CONVEYANCE OF COAST GUARD PROPERTY IN HAMPTON TOWNSHIP, 
                                MICHIGAN

    Section 24 of the bill requires that the Secretary of 
Transportation convey the property adjacent to Coast Guard 
Station Saginaw River, located in Hampton Township, Michigan, 
to BaySail, Inc., a nonprofit corporation. During the five-year 
period after the Secretary conveys the property, the property 
shall revert to the United States if BaySail sells, conveys, 
assigns, exchanges, or encumbers the property. BaySail also 
must maintain the property and is not allowed to conduct any 
commercial activity on the property without the approval of the 
Secretary.

                          Legislative History

    A bill to improve maritime safety and the quality of life 
for Coast Guard personnel was introduced as H.R. 2481 by 
Chairman Young on July 12, 2001, with Mr. Oberstar, Mr. 
LoBiondo, and Ms. Brown of Florida as cosponsors. The bill was 
referred to the Committee on Transportation and Infrastructure.

                        Committee Consideration

    On July 17, 2001, the Subcommittee on Coast Guard and 
Maritime Transportation met in open session to mark up H.R. 
2481, the Omnibus Maritime Improvement Act of 2001. H.R. 2481 
was ordered reported to the Full Committee by voice vote in the 
presence of a quorum.
    On July 18, 2001, the Transportation and Infrastructure 
Committee met in open session to consider H.R. 2481. The 
Committee considered three amendments to H.R. 2481. Mr. 
LoBiondo offered an amendment that included provisions 
requested by the Coast Guard concerning drug interdiction, 
Coast Guard personnel, and maritime safety.The amendment 
includes provisions designed to improve the Coast Guard's retention of 
skilled personnel, provide additional authorities to prevent drug 
smuggling aboard foreign-flag vessels, and allow the Coast Guard to 
investigate marine casualties involving foreign-flag vessels beyond our 
territorial seas. Mr. Oberstar offered an amendment which makes several 
technical changes to H.R. 2481. The amendment also requires the Coast 
Guard to prescribe minimum standards necessary for the safe operation 
of all Coast Guard search and rescue center facilities by July 1, 2002. 
Finally, Mr. Barcia offered an amendment to convey a piece of Coast 
Guard property located in Hampton Township, Michigan, to BaySail, Inc. 
All three of these amendments were passed by voice vote. H.R. 2481, as 
amended by the Committee, was ordered reported to the House of 
Representatives by a voice vote in the presence of a quorum.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each rollcall 
vote on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no rollcall votes during Committee 
consideration of H.R. 2481.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                        Cost of the Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirements of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
general performance goals and objectives of this legislation 
are to: (a) eliminate deaths, injuries, and property damage 
associated with maritime transportation, fishing, and 
recreational boating; (b) protect our maritime borders from 
intrusion by halting the flow of illegal drugs, aliens, and 
contraband as well as suppress violations of Federal law; (c) 
eliminate environmental damage associated with maritime 
activities; (d) facilitate maritime commerce; and (e) enhance 
national security.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2481 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 16, 2001.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2481, the Omnibus 
Maritime Improvements Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Dan L. Crippen, Director.
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 2481--Omnibus Maritime Improvements Act of 2001

    Summary: H.R. 2481 would make several changes to programs 
and activities carried out by the U.S. Coast Guard (USCG). CBO 
estimates that the Coast Guard would need additional 
appropriations of between $13 million and $28 million a year 
through fiscal year 2006 and of $20 million annually thereafter 
to implement this legislation. Additional discretionary 
spending under H.R. 2481 would total about $90 million over the 
2002-2006 period.
    The bill also contains provisions that could increase 
governmental receipts (from civil penalties) and decrease 
offsetting receipts (from sales of surplus property). As a 
result, pay-as-you-go procedures would apply, but CBO estimates 
that any such effects would be less than $500,000 a year.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.

Estimated cost to the Federal Government

    The estimated impact of H.R. 2481 on the Coast Guard budget 
is shown in the following table. The costs of this legislation 
fall within budget function 400 (transportation).
    Two provisions of H.R. 2481 would result in significant 
costs to the government, assuming appropriation of the 
necessary or authorized amounts. The first of these would 
require the Coast Guard to implement and maintain standards for 
the safe operation of all search and rescue facilities. CBO 
estimates that this provision would cost the Coast Guard 
between $5 million and $15 million a year through fiscal year 
2004, and about $20 million annually thereafter. Outlays are 
estimated to total $65 million over the 2002-2006 period. The 
agency would use this money to upgrade its facilities and 
increase staffing at search and rescue centers in order to meet 
existing standards.
    The second provision would reauthorize an innovative 
financing program for Coast Guard housing projects. Under 
current law, the agency may use loan guarantees, long-term 
leases, and other financing mechanisms (subject to an 
appropriation ceiling of $20 million) to construct military 
housing through the end of fiscal year 2001. H.R. 2481 would 
extend the existing program through 2006 and increase the 
authorization ceiling to $40 million. Because no funds have 
ever been appropriated for the financing mechanisms authorized 
under existing law, CBO estimates that this bill would 
authorize new discretionary funding of $40 million. For this 
estimate, CBO assumes that these funds would be appropriated 
over the next five years, resulting in outlays of about $25 
million over the 2002-2006 period and the remaining $15 million 
over the 2007-2010 period.
    Several provisions of H.R. 2481 would result in 
discretionary costs or savings of less than $1 million a year, 
assuming that annual appropriations are increased or reduced 
accordingly. These provisions would:
     Authorize the appropriation of $987,400 for 
payments to the Lower Columbia River Maritime Fire and Safety 
Association. CBO estimates that this provision would increase 
federal outlays by about $200,000 annually over the next five 
years.
     Authorize the Coast Guard to provide new benefits 
to certain members of the Coast Guard Reserve and Coast Guard 
Auxiliary. Specifically, section 13 would allow the agency to 
provide financial assistance to enlisted Reserve members for 
educational expenses, at a cost of between $500,000 and 
$650,000 a year (once the program has been phased in). Section 
15 would allow the agency to provide a payment to the survivors 
of a member of the Coast Guard Auxiliary who dies during active 
duty, at a cost of about $20,000 annually.
     Require the Coast Guard to ensure that all agency 
personnel are equipped with appropriate safety equipment such 
as survival suits, which CBO estimates would cost about 
$800,000 over the next year or two.
     Reduce severance payments for certain Coast Guard 
officers, resulting in savings of about $900,000 annually.
    In addition to provisions affecting the Coast Guard budget, 
section 3 of the bill would require that federal agencies 
employ only U.S. flag vessels to lay or maintain submarine 
cable in U.S. waters. CBO estimates that this provision would 
probably increase the cost of obtaining cable-laying services 
for the Departments of Defense and State, but we cannot 
estimate such costs because they depend on future contract 
negotiations as well as on the level of service to be required, 
which is information held confidential by the agencies.
    Other bill provisions, most of which would make changes to 
Coast Guard personnel and regulatory practices, would have no 
significant effect on discretionary spending.
            Direct spending
    Section 24 would require the Coast Guard to convey, without 
consideration, about two acres of land on the Saginaw River in 
Michigan. Because this property could have been sold under 
existing law, enacting this provision could reduce future 
offsetting receipts from the sale of surplus property. CBO 
estimates that any such reduction would be less than $500,000.
            Revenues
    Section 4 would prohibit foreign-flag vessels from 
providing towing or escort services in U.S. waters and would 
establish civil penalties for persons who violate the law. 
Based on information provided by the Coast Guard, CBO estimates 
that imposing such penalties could increase governmental 
receipts, but by less than $500,000 annually.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. CBO 
estimates that enacting the provisions in H.R. 2481 regarding 
the conveyance of land in Michigan would increase direct 
spending by less than $500,000. Implementing the bill also 
could increase receipts from civil penalties, but CBO estimates 
any additional receipts would not be significant.
    Intergovernmental and private-sector impact: H.R. 2481 
contains no intergovernmental or private-section mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal costs: Deborah Reis; impact 
on State, local, and tribal governments; Susan Tompkins; impact 
on the private sector: Cecil McPherson.
    Estimate approved by: Pete H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article 1, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 14, UNITED STATES CODE

           *       *       *       *       *       *       *



PART I--REGULAR COAST GUARD

           *       *       *       *       *       *       *


CHAPTER 9--COAST GUARD ACADEMY

           *       *       *       *       *       *       *



Sec. 194. Annual Board of Visitors

  (a) * * *
  (b) The Board shall be composed of--
          (1) * * *
          (2) three Members of the House of Representatives 
        designated by the Chairman of the Committee on 
        [Merchant Marine and Fisheries] Transportation and 
        Infrastructure of the House of Representatives;

           *       *       *       *       *       *       *


                         CHAPTER 11--PERSONNEL


                                Officers

                              A. APPOINTMENTS

Sec.
211.  Original appointment of permanent commissioned officers.
     * * * * * * *

           d. discharges; retirements; revocation of commissions

281.  Revocation of commissions during first [three] five years of 
          commissioned service.
     * * * * * * *
286.  Discharge in lieu of retirement; [severance] separation pay.
286a.  Regular warrant officers; [severance] separation pay.
     * * * * * * *

                          E. SEPARATION FOR CAUSE

     * * * * * * *
327.  Officers considered for removal; retirement or discharge; 
          [severance] separation benefits.

           *       *       *       *       *       *       *


D. Discharges; Retirements; Revocation of Commissions

           *       *       *       *       *       *       *


Sec. 281. Revocation of commissions during first [three] five years of 
                    commissioned service

  The Secretary, under such regulations as he may prescribe, 
may revoke the commission of any regular officer on active duty 
who, at the date of such revocation, has had less than [three] 
five years of continuous service as a commissioned officer in 
the Regular Coast Guard.

           *       *       *       *       *       *       *


Sec. 283. Regular lieutenants; separation for failure of selection for 
                    promotion; continuation

  (a) * * *
  (b)(1) * * *
  (2) Upon the completion of a term under paragraph (1), an 
officer shall, unless selected for further continuation--
          (A) except as provided in subparagraph (B), be 
        honorably discharged with [severance] separation pay 
        computed under section 286 of this title;

           *       *       *       *       *       *       *


Sec. 285. Regular lieutenant commanders and commanders; retirement for 
                    failure of selection for promotion

  (a) Each officer of the Regular Coast Guard serving in the 
grade of lieutenant commander or commander, who has failed of 
selection for promotion to the grade of commander or captain, 
respectively, for the second time shall:
          (1) * * *

           *       *       *       *       *       *       *

  (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. 286. Discharge in lieu of retirement; [severance] separation pay

  (a) * * *
  [(b) Each officer discharged under this section or under 
section 282, 283, or 284 of this title is entitled to a lump-
sum payment computed by multiplying his years of active 
commissioned service, but not more than twelve, by two months' 
basic pay of the grade in which he is serving on the date of 
his discharge. In determining the total number of years of 
active service to be used as a multiplier in computing this 
payment, a part of a year that is six months or more is counted 
as a whole year and a part of a year that is less than six 
months is disregarded. The acceptance of a lump-sum payment 
under this section does not deprive a person of any retirement 
benefits from the United States. However, there shall be 
deducted from each of his retirement payments so much thereof 
as is based on the service for which he has received payment 
under this section until the total amount deducted equals the 
amount of the lump-sum payment.]
  (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.

Sec. 286a. Regular warrant officers: [severance] separation pay

  [(a) The severance pay of a regular warrant officer of the 
Coast Guard who is separated under section 580(a)(4)(A) of 
title 10 is computed by multiplying his years of active service 
that could be credited to him under section 511 of the Career 
Compensation Act of 1949, as amended, but not more than 12, by 
twice the monthly basic pay to which he is entitled at the time 
of separation.
  [(b) The severance pay of a regular warrant officer of the 
Coast Guard who is separated under section 1166 of title 10 is 
computed by multiplying his years of active service that could 
be credited to him under section 511 of the Career Compensation 
Act of 1949, as amended, but not more than 12, by the monthly 
basic pay to which he is entitled at the time of separation, 
unless the Secretary determines that the conditions under which 
the officer is discharged or separated do not warrant payment 
of that amount of severance pay.
  [(c) For the purposes of this section, a part of the year 
that is six months or more is counted as a whole year, and a 
part of a year that is less than six months is disregarded.]
  (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.

           *       *       *       *       *       *       *


Sec. 289. Captains; continuation on active duty; involuntary retirement

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


E. Separation for Cause

           *       *       *       *       *       *       *


Sec. 327. Officers considered for removal; retirement or discharge; 
                    [severance] separation benefits

  (a) At any time during proceedings under section 322 or 323 
of this title, and before the removal of an officer, the 
Secretary may grant a request--
          (1) for voluntary retirement, if the officer is 
        otherwise qualified therefor; or
          [(2) for honorable discharge with severance benefits 
        under subsection (b) in those cases arising under 
        clause (1) of section 321 of this title; or
          [(3) for discharge with severance benefits under 
        subsection (b) in those cases arising under clause (2) 
        of section 321 of this title.]
          (2) for discharge with separation benefits under 
        section 286(c) of this title.
  (b) Each officer removed from active duty under section 326 
of this title shall--
          (1) if on the date of removal the officer is eligible 
        for voluntary retirement under any law, be retired in 
        the grade for which he would be eligible if retired at 
        his request; or
          [(2) if on that date the officer is ineligible for 
        voluntary retirement under any law, be honorably 
        discharged in the grade then held with severance pay 
        computed by multiplying his years of active 
        commissioned service, but not more than twelve, by one 
        month's basic pay of that grade, in those cases arising 
        under clause (1) of section 321 of this title; or
          [(3) if on that date the officer is ineligible for 
        voluntary retirement under any law, be discharged in 
        the grade then held with severance pay computed by 
        multiplying his years of active commissioned service, 
        but not more than twelve, by one month's basic pay of 
        that grade, in those cases arising under clause (2) of 
        section 321 of this title, unless the Secretary 
        determines that the conditions under which the officer 
        is discharged or separated do not warrant payment of 
        that amount of severance pay.]
          (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.

           *       *       *       *       *       *       *


                       CHAPTER 17--ADMINISTRATION

Sec.
631.  Delegation of powers by the Secretary.
     * * * * * * *
672.  Long-term lease authority for navigation and communications 
          systems sites.
672b.   Long-term lease authority for lighthouse property.
     * * * * * * *
676.  Search and rescue center standards.

           *       *       *       *       *       *       *


Sec. 663. Submission of plans to Congress

  The President shall submit to Congress with each budget 
request for the Coast Guard the current copy of the Coast 
Guard's Capital Investment Plan, Cutter Plan, Aviation Plan, 
Shore Facilities Plan, and Information Resources Management 
Plan. Not later than 30 days after the date on which the 
President submits to the Congress a budget under section 1105 
of title 31 which includes a proposed 2-year budget for the 
Coast Guard, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation and the Committee on 
Appropriations of the Senate, and to the Committee on [Merchant 
Marine and Fisheries] Transportation and Infrastructure and the 
Committee on Appropriations of the House of Representatives, 
detailed Coast Guard budget estimates for the fiscal years 
covered by such proposed 2-year budget.

Sec. 664. User fees

  (a) * * *

           *       *       *       *       *       *       *

  (c) Before January 1 of each year, the Secretary shall submit 
a report to the Committee on [Merchant Marine and Fisheries] 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate that includes--
          (1) * * *

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


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.

CHAPTER 18--COAST GUARD HOUSING AUTHORITIES

           *       *       *       *       *       *       *


Sec. 681. General authority

  (a) Authority.--In addition to any other authority providing 
for the acquisition or construction of military family housing 
or military unaccompanied housing, the Secretary may exercise 
any authority or any combination of authorities provided under 
this chapter in order to provide for the acquisition or 
construction by private persons, including a small business 
concern qualified under section 8(a) of the Small Business Act 
(15 U.S.C. 637(a)), of the following:
          (1) * * *

           *       *       *       *       *       *       *


Sec. 687. Coast Guard Housing Fund

  (a) * * *

           *       *       *       *       *       *       *

  (f) Limitation on Amount of Budget Authority.--The total 
value in budget authority of all contracts and investments 
undertaken using the authorities provided in this chapter shall 
not exceed [$20,000,000] $40,000,000.
  (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.

           *       *       *       *       *       *       *


Sec. 689. Expiration of authority

  The authority to enter into a transaction under this chapter 
shall expire October 1, [2001] 2006.

           *       *       *       *       *       *       *


PART II--COAST GUARD RESERVE AND AUXILIARY

           *       *       *       *       *       *       *


                    CHAPTER 21--COAST GUARD RESERVE

                              SUBCHAPTER A

                                  GENERAL

Sec.
701.  Organization.
     * * * * * * *
709.  Reserve student aviation pilots; reserve aviation pilots; 
          appointments in commissioned grade.
709a.   Reserve student pre-commissioning assistance program.
     * * * * * * *

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

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

           *       *       *       *       *       *       *


                              SUBCHAPTER B

Sec. 729. Promotion; recommendations of selection boards

  (a) * * *

           *       *       *       *       *       *       *

  (i) A Reserve officer whose name is on a list of selectees 
for promotion shall, unless that officer's promotion is 
lawfully withheld, be tendered an appointment in the next 
higher grade 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, at the same time, or as 
soon thereafter as practicable, as that officer's running mate 
is tendered a similar appointment.

           *       *       *       *       *       *       *


Sec. 731. Establishment of promotion zones under running mate system

  (a) * * *
  (b) Consideration for Promotion.--If promotion zones are 
determined as authorized under subsection (a), a Reserve 
officer shall, subject to the eligibility requirements of this 
subchapter, be placed in a promotion zone when that officer's 
running mate is placed in a promotion zone and shall, in 
accordance with the provisions of this subchapter, be 
considered for promotion at approximately the same time as that 
officer's running mate or as soon thereafter as practicable[.], 
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.

           *       *       *       *       *       *       *


Sec. 736. Date of rank upon promotion; entitlement to pay

  (a) When a Reserve officer is promoted to the next higher 
grade under this subchapter, 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 the same date of rank shall be assigned as that assigned 
to the officer's running mate. A Reserve officer so promoted 
shall be allowed the pay and allowances of the higher grade for 
duty performed from the date of the officer's appointment 
thereto.

           *       *       *       *       *       *       *


CHAPTER 23--COAST GUARD AUXILIARY

           *       *       *       *       *       *       *


Sec. 823a. Members of the Auxiliary; status

  (a) * * *
  (b) A member of the Auxiliary while assigned to duty shall be 
deemed to be a Federal employee only for the purposes of the 
following:
          (1) * * *

           *       *       *       *       *       *       *

          (9) On or after January 1, 2001, Public Law 104-208, 
        section 651.

           *       *       *       *       *       *       *

                              ----------                              


     SECTION 3 OF THE INTERNATIONAL NAVIGATIONAL RULES ACT OF 1977

  Sec. 3. (a) * * *

           *       *       *       *       *       *       *

  (d)(1) * * *

           *       *       *       *       *       *       *

  (3) Any proposed amendment transmitted to the Congress by the 
President and any resolution of disapproval pertaining thereto 
shall be referred, in the House of Representatives, to the 
Committee on [Merchant Marine and Fisheries] Transportation and 
Infrastructure, and shall be referred, in the Senate, to the 
Committee on Commerce, Science, and Transportation.
                              ----------                              


             SECTION 5004 OF THE OIL POLLUTION ACT OF 1990


SEC. 5004. VESSEL TRAFFIC SERVICE SYSTEM.

  The Secretary of Transportation shall within one year after 
the date of the enactment of this title--
          (1) * * *
          (2) submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        [Merchant Marine and Fisheries] Transportation and 
        Infrastructure of the House of Representatives a report 
        on the feasibility and desirability of instituting 
        positive control of tank vessel movements in Prince 
        William Sound by Coast Guard personnel using the Port 
        of Valdez, Alaska, VTS system, as modified pursuant to 
        paragraph (1).
                              ----------                              


TITLE 46, UNITED STATES CODE

           *       *       *       *       *       *       *



Subtitle II--Vessels and Seamen

           *       *       *       *       *       *       *



                       Part A--General Provisions


CHAPTER 21--GENERAL

           *       *       *       *       *       *       *



Sec. 2101. General definitions

  In this subtitle--
          (1) * * *

           *       *       *       *       *       *       *

          (35) ``small passenger vessel'' means a wing-in-
        ground craft, regardless of tonnage, carrying at least 
        one passenger for hire, and a vessel of less than 100 
        gross tons as measured under section 14502 of this 
        title, or an alternate tonnage measured under section 
        14302 of this title as prescribed by the Secretary 
        under section 14104 of this title--
                  (A) * * *

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *


                       Part D--Marine Casualties


CHAPTER 61--REPORTING MARINE CASUALTIES

           *       *       *       *       *       *       *



Sec. 6101. Marine casualties and reporting

  (a) * * *

           *       *       *       *       *       *       *

  [(e)] (f)(1) This chapter applies to a marine casualty 
involving a United States citizen on a foreign passenger vessel 
operating south of 75 degrees north latitude, west of 35 
degrees west longitude, and east of the International Date 
Line; or operating in the area south of 60 degrees south 
latitude that--
          (A) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


CHAPTER 63--INVESTIGATING MARINE CASUALTIES

           *       *       *       *       *       *       *



Sec. 6307. Notifications to Congress

  (a) The Secretary shall notify the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
[Merchant Marine and Fisheries] Transportation and 
Infrastructure of the House of Representatives of any hearing, 
before the hearing occurs, investigating a major marine 
casualty involving a death under section 6301 of this title.

           *       *       *       *       *       *       *


Part E--Merchant Seamen Licenses, Certificates, and Documents

           *       *       *       *       *       *       *



CHAPTER 73--MERCHANT MARINERS' DOCUMENTS

           *       *       *       *       *       *       *



Sec. 7303. Possession and description of merchant mariners' documents

  A merchant mariner's document shall be retained by the seaman 
to whom issued. The document shall contain the signature, 
notations of nationality, age, and physical description, the 
photograph, [the thumbprint,] and the home address of the 
seaman. In addition, the document shall specify the rate or 
ratings in which the seaman is qualified to serve.

           *       *       *       *       *       *       *


                   Part H--Identification of Vessels


                 CHAPTER 121--DOCUMENTATION OF VESSELS

Sec.
12101.  Definitions and related terms in other laws.
     * * * * * * *
12103.  Certificates of documentation.
12103a.   Issuance of temporary certificate of documentation by third 
          parties.

           *       *       *       *       *       *       *


Sec. 12103. Certificates of documentation

  (a) Except as provided in section 12123 of this title, on 
application by the owner of a vessel eligible for 
documentation, the Secretary of Transportation shall issue a 
certificate of documentation, or a temporary certificate of 
documentation, endorsed with one or more of the endorsements 
specified in sections 12105-12109 of this title.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


                   Part H--Identification of Vessels

CHAPTER 121--DOCUMENTATION OF VESSELS

           *       *       *       *       *       *       *


Sec. 12108. Fishery endorsements

  (a) A certificate of documentation may be endorsed with a 
fishery endorsement for a vessel that--
          (1) is eligible for documentation;
          [(2)(A) was built in the United States; or
          [(B) if not built in the United States, was captured 
        in war by citizens of the United States and lawfully 
        condemned as prize, was adjudged to be forfeited for a 
        breach of the laws of the United States, or qualified 
        for documentation under section 4136 of the Revised 
        Statutes (46 App. U.S.C. 14);]
          (2) was built in the United States;
          (3) if rebuilt, was rebuilt in the United States; 
        [and]
          (4) was not forfeited to the United States Government 
        after July 1, 2001, for a breach of the laws of the 
        United States; and
          [(4)] (5) otherwise qualifies under the laws of the 
        United States to be employed in the fisheries.

           *       *       *       *       *       *       *


Subtitle III--Maritime Liability

           *       *       *       *       *       *       *


CHAPTER 313--COMMERCIAL INSTRUMENTS AND MARITIME LIENS

           *       *       *       *       *       *       *


Sec. 31321. Filing, recording, and discharge

  (a)(1) * * *

           *       *       *       *       *       *       *

  (4)[(A)] A bill of sale, conveyance, mortgage, assignment, or 
related instrument may be filed electronically under 
regulations prescribed by the Secretary.
  [(B) A filing made electronically under subparagraph (A) 
shall not be effective after the 10-day period beginning on the 
date of the filing unless the original instrument is provided 
to the Secretary within that 10-day period.]

           *       *       *       *       *       *       *

                              ----------                              


             SECTION 901g OF THE MERCHANT MARINE ACT, 1936


  NATIONAL ADVISORY COMMISSION ON AGRICULTURAL EXPORT TRANSPORTATION 
                                 POLICY

  Sec. 901g. (a) * * *
  (b)(1) * * *

           *       *       *       *       *       *       *

  (3) The chairman and ranking minority members of the Senate 
Committee on Agriculture, Nutrition, and Forestry, of the 
Subcommittee on Merchant Marine of the Senate Committee on 
Commerce, Science, and Transportation, of the House Committee 
on Agriculture, and of the House Committee on [Merchant Marine 
and Fisheries] Transportation and Infrastructure shall serve as 
members of the Commission.

           *       *       *       *       *       *       *

                              ----------                              


    SECTION 913 OF THE INTERNATIONAL MARITIME AND PORT SECURITY ACT


SEC. 913. REPORTS.

  (a) * * *
  (b) Submission to Committees.--The reports required to be 
submitted to the Congress under this title shall be submitted 
to the Committee on Foreign Affairs and the Committee on 
[Merchant Marine and Fisheries] Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Foreign Relations and the Committee on Commerce, 
Science and Transportation of the Senate.
                              ----------                              


                   MARITIME DRUG LAW ENFORCEMENT ACT

  Sec. 3. (a) * * *

           *       *       *       *       *       *       *

  (c)(1) For purposes of this section, a ``vessel subject to 
the jurisdiction of the United States'' includes--
          (A) * * *

           *       *       *       *       *       *       *

          (D) a vessel located within the customs waters of the 
        United States; [and]
          (E) a vessel located in the territorial waters of 
        another nation, where the nation consents to the 
        enforcement of United States law by the United 
        States[.]; and
          (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).

           *       *       *       *       *       *       *

  Sec. 3. (a) Any property described in section 511(a) of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. 881(a)) that is used or intended for use to commit, or 
to facilitate the commission of, an offense under this Act 
shall be subject to seizure and forfeiture in the same manner 
as similar property seized or forfeited under section 511 of 
the Comprehensive Drug Abuse Prevention and Control Act of 1970 
(21 U.S.C. 881).
  (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.

                                
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