2000
[DOCID: f:s951rs.txt]
Calendar No. 209
107th CONGRESS
1st Session
S. 951
[Report No. 107-89]
To authorize appropriations for the Coast Guard, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 24, 2001
Ms. Snowe (for herself, Mr. Kerry, Mr. McCain, Mr. Hollings, Mr.
Breaux, Mr. Lott, Mr. Murkowski, and Mr. DeWine) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
October 31, 2001
Reported by Mr. Hollings, with an amendment in the nature of a
substitute
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To authorize appropriations for the Coast Guard, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Coast Guard Authorization
Act of 2001''.</DELETED>
<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>
<DELETED> The table of contents for this Act is as
follows:</DELETED>
<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Table of contents.
<DELETED>TITLE I--AUTHORIZATION
<DELETED>Sec. 101. Authorization of appropriations.
<DELETED>Sec. 102. Authorized levels of military strength and training.
<DELETED>Sec. 103. LORAN-C.
<DELETED>Sec. 104. Patrol craft.
<DELETED>Sec. 105. Caribbean support tender.
<DELETED>TITLE II--PERSONNEL MANAGEMENT
<DELETED>Sec. 201. Coast Guard band director rank.
<DELETED>Sec. 202. Coast Guard membership on the USO Board of
Governors.
<DELETED>Sec. 203. Compensatory absence for isolated duty.
<DELETED>Sec. 204. Suspension of retired pay of Coast Guard members who
are absent from the United States to avoid
prosecution.
<DELETED>Sec. 205. Extension of Coast Guard housing authorities.
<DELETED>Sec. 206. Accelerated promotion of certain Coast Guard
officers.
<DELETED>Sec. 207. Regular lieutenant commanders and commanders;
continuation on failure of selection for
promotion.
<DELETED>Sec. 208. Reserve officer promotion
<DELETED>Sec. 209. Reserve Student Pre-Commissioning Assistance
Program.
<DELETED>TITLE III--MARINE SAFETY
<DELETED>Sec. 301. Extension of Territorial Sea for Vessel Bridge-to-
Bridge Radiotelephone Act.
<DELETED>Sec. 302. Icebreaking services.
<DELETED>Sec. 303. Modification of various reporting requirements.
<DELETED>Sec. 304. Oil Spill Liability Trust Fund; emergency fund
borrowing authority.
<DELETED>Sec. 305. Merchant mariner documentation requirements.
<DELETED>Sec. 306. Penalties for negligent operations and interfering
with safe operation.
<DELETED>Sec. 307. Fishing vessel safety training.
<DELETED>Sec. 308. Extend time for recreational vessel and associated
equipment recalls.
<DELETED>TITLE IV--RENEWAL OF ADVISORY GROUPS
<DELETED>Sec. 401. Commercial Fishing Industry Vessel Advisory
Committee.
<DELETED>Sec. 402. Houston-Galveston Navigation Safety Advisory
Committee.
<DELETED>Sec. 403. Lower Mississippi River Waterway Advisory Committee.
<DELETED>Sec. 404. Navigation Safety Advisory Council.
<DELETED>Sec. 405. National Boating Safety Advisory Council.
<DELETED>Sec. 406. Towing Safety Advisory Committee.
<DELETED>TITLE V--MISCELLANEOUS
<DELETED>Sec. 501. Modernization of national distress and response
system.
<DELETED>Sec. 502. Conveyance of Coast Guard property in Portland,
Maine.
<DELETED>Sec. 503. Harbor safety committees.
<DELETED>Sec. 504. Limitation of liability of pilots at Coast Guard
Vessel Traffic Services.
<DELETED>TITLE VI--JONES ACT WAIVERS
<DELETED>Sec. 601. Repeal of special authority to revoke endorsements.
<DELETED>TITLE I--AUTHORIZATION</DELETED>
<DELETED>SEC. 101. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) Authorization for Fiscal Year 2000.--There are
authorized to be appropriated for necessary expenses of the Coast Guard
for fiscal year 2000 the following amounts:</DELETED>
<DELETED> (1) For the operation and maintenance of the Coast
Guard, $2,853,000,000, of which $300,000,000 shall be available
for defense-related activities and of which $25,000,000 shall
be derived from the Oil Spill Liability Trust Fund.</DELETED>
<DELETED> (2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $999,100,000, to remain available until expended, of
which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990.</DELETED>
<DELETED> (3) For research, development, test, and
evaluation of technologies, materials, and human factors
directly relating to improving the performance of the Coast
Guard's mission in support of search and rescue, aids to
navigation, marine safety, marine environmental protection,
enforcement of laws and treaties, ice operations, oceanographic
research, and defense readiness, $19,000,000, to remain
available until expended, of which $3,500,000 shall be derived
from the Oil Spill Liability Trust Fund.</DELETED>
<DELETED> (4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropriations for
this purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $730,327,000, to remain
available until expended.</DELETED>
<DELETED> (5) For environmental compliance and restoration
at Coast Guard facilities (other than parts and equipment
associated with operations and maintenance), $17,000,000, to
remain available until expended.</DELETED>
<DELETED> (6) For alteration or removal of bridges over
navigable waters of the United States constituting obstructions
to navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $15,000,000, to
remain available until expended.</DELETED>
<DELETED> (b) Authorization for Fiscal Year 2001.--There are
authorized to be appropriated for necessary expenses of the Coast Guard
for fiscal year 2001 the following amounts:</DELETED>
<DELETED> (1) For the operation and maintenance of the Coast
Gu
2000
ard, $3,483,000,000, of which $25,000,000 shall be derived
from the Oil Spill Liability Trust Fund.</DELETED>
<DELETED> (2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $428,000,000, to remain available until expended, of
which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990.</DELETED>
<DELETED> (3) For research, development, test, and
evaluation of technologies, materials, and human factors
directly relating to improving the performance of the Coast
Guard's mission in support of search and rescue, aids to
navigation, marine safety, marine environmental protection,
enforcement of laws and treaties, ice operations, oceanographic
research, and defense readiness, $21,320,000, to remain
available until expended, of which $3,500,000 shall be derived
from the Oil Spill Liability Trust Fund.</DELETED>
<DELETED> (4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropriations for
this purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $868,000,000, to remain
available until expended.</DELETED>
<DELETED> (5) For environmental compliance and restoration
at Coast Guard facilities (other than parts and equipment
associated with operations and maintenance), $16,700,000, to
remain available until expended.</DELETED>
<DELETED> (6) For alteration or removal of bridges over
navigable waters of the United States constituting obstructions
to navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $15,500,000, to
remain available until expended.</DELETED>
<DELETED> (c) Authorization for Fiscal Year 2002.--Funds are
authorized to be appropriated for necessary expenses of the Coast Guard
for fiscal year 2002, as follows:</DELETED>
<DELETED> (1) For the operation and maintenance of the Coast
Guard, $3,633,000,000, of which $25,000,000 shall be derived
from the Oil Spill Liability Trust Fund.</DELETED>
<DELETED> (2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $660,000,000, to remain available until expended, of
which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990.</DELETED>
<DELETED> (3) For research, development, test, and
evaluation of technologies, materials, and human factors
directly relating to improving the performance of the Coast
Guard's mission in support of search and rescue, aids to
navigation, marine safety, marine environmental protection,
enforcement of laws and treaties, ice operations, oceanographic
research, and defense readiness, $22,000,000, to remain
available until expended, of which $3,500,000 shall be derived
from the Oil Spill Liability Trust Fund.</DELETED>
<DELETED> (4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropriations for
this purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $876,350,000, to remain
available until expended.</DELETED>
<DELETED> (5) For environmental compliance and restoration
at Coast Guard facilities (other than parts and equipment
associated with operations and maintenance), $17,000,000, to
remain available until expended.</DELETED>
<DELETED> (6) For alteration or removal of bridges over
navigable waters of the United States constituting obstructions
to navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $15,500,000, to
remain available until expended.</DELETED>
<DELETED>SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.</DELETED>
<DELETED> (a) End-of-Year Strength for Fiscal Year 2000.--The Coast
Guard is authorized an end-of-year strength for active duty personnel
of 40,000 as of September 30, 2000.</DELETED>
<DELETED> (b) Training Student Loads for Fiscal Year 2000.--For
fiscal year 2000, the Coast Guard is authorized average military
training student loads as follows:</DELETED>
<DELETED> (1) For recruit and special training, 1,500
student years.</DELETED>
<DELETED> (2) For flight training, 100 student
years.</DELETED>
<DELETED> (3) For professional training in military and
civilian institutions, 300 student years.</DELETED>
<DELETED> (4) For officer acquisition, 1,000 student
years.</DELETED>
<DELETED> (c) End-of-Year Strength for Fiscal Year 2001.--The Coast
Guard is authorized an end-of-year strength for active duty personnel
of 44,000 as of September 30, 2001.</DELETED>
<DELETED> (d) Training Student Loads for Fiscal Year 2001.--For
fiscal year 2001, the Coast Guard is authorized average military
training student loads as follows:</DELETED>
<DELETED> (1) For recruit and special training, 1,500
student years.</DELETED>
<DELETED> (2) For flight training, 125 student
years.</DELETED>
<DELETED> (3) For professional training in military and
civilian institutions, 300 student years.</DELETED>
<DELETED> (4) For officer acquisition, 1,000 student
years.</DELETED>
<DELETED> (e) End-of-Year Strength for Fiscal Year 2002.--The Coast
Guard is authorized an end-of-year strength of active duty personnel of
45,500 as of September 30, 2002.</DELETED>
<DELETED> (f) Training Student Loads for Fiscal Year 2002.--For
fiscal year 2002, the Coast Guard is authorized average military
training student loads as follows:</DELETED>
<DELETED> (1) For recruit and special training, 1,500
student years.</DELETED>
<DELETED> (2) For flight training, 125 student
years.</DELETED>
<DELETED> (3) For professional training in military and
civilian institutions, 300 student years.</DELETED>
<DELETED> (4) For officer acquisition, 1,050 student
years.</DELETED>
<DELETED>SEC. 103. LORAN-C.</DELETED>
<DELETED> (a) In General.--There are authorized to be appropriated
to the Department of Transportation, in addition to funds authorized
for the Coast Guard for operation of the LORAN-C system, for capital
expenses related to LORAN-C navigation infrastructure, $25,000,000 for
fiscal year 2001. The Secretary of Transportation may transfer from the
Federal Aviation Administration and other agencies of the department
funds appropriated as authorized under this section in order to
reimburse the Coast Guard for related expenses.</DELETED>
<DELETED> (b) F
2000
iscal Year 2002.--There are authorized to be
appropriated to the Department of Transportation, in addition to funds
authorized for the Coast Guard for operation of the LORAN-C system, for
capital expenses related to LORAN-C navigation infrastructure,
$44,000,000 for fiscal year 2002. The Secretary of Transportation may
transfer from the Federal Aviation Administration and other agencies of
the department funds appropriated as authorized under this section in
order to reimburse the Coast Guard for related expenses.</DELETED>
<DELETED>SEC. 104. PATROL CRAFT.</DELETED>
<DELETED> (a) Transfer of Craft From DOD.--Notwithstanding any other
provision of law, the Secretary of Transportation may accept, by direct
transfer without cost, for use by the Coast Guard primarily for
expanded drug interdiction activities required to meet national supply
reduction performance goals, up to 7 PC-170 patrol craft from the
Department of Defense if it offers to transfer such craft.</DELETED>
<DELETED> (b) Authorization of Appropriations.--There are authorized
to be appropriated to the Coast Guard, in addition to amounts otherwise
authorized by this Act, up to $100,000,000, to remain available until
expended, for the conversion of, operation and maintenance of,
personnel to operate and support, and shoreside infrastructure
requirements for, up to 7 patrol craft.</DELETED>
<DELETED>SEC. 105. CARIBBEAN SUPPORT TENDER.</DELETED>
<DELETED> The Coast Guard is authorized to operate and maintain a
Caribbean Support Tender (or similar type vessel) to provide technical
assistance, including law enforcement training, for foreign coast
guards, navies, and other maritime services.</DELETED>
<DELETED>TITLE II--PERSONNEL MANAGEMENT</DELETED>
<DELETED>SEC. 201. COAST GUARD BAND DIRECTOR RANK.</DELETED>
<DELETED> Section 336(d) of title 14, United States Code, is amended
by striking ``commander'' and inserting ``captain''.</DELETED>
<DELETED>SEC. 202. COAST GUARD MEMBERSHIP ON THE USO BOARD OF
GOVERNORS.</DELETED>
<DELETED> Section 220104(a)(2) of title 36, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking ``and'' at the end of subparagraph
(B);</DELETED>
<DELETED> (2) by redesignating subparagraph (C) as
subparagraph (D); and</DELETED>
<DELETED> (3) by inserting after subparagraph (B) the
following:</DELETED>
<DELETED> ``(C) the Secretary of Transportation, or
the Secretary's designee, when the Coast Guard is not
operating under the Department of the Navy;
and''.</DELETED>
<DELETED>SEC. 203. COMPENSATORY ABSENCE FOR ISOLATED DUTY.</DELETED>
<DELETED> (a) In General.--Section 511 of title 14, United States
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 511. Compensatory absence from duty for military
personnel at isolated duty stations</DELETED>
<DELETED> ``The Secretary may grant compensatory absence from duty
to military personnel of the Coast Guard serving at isolated duty
stations of the Coast Guard when conditions of duty result in
confinement because of isolation or in long periods of continuous
duty.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The chapter analysis for chapter
13 of title 14, United States Code, is amended by striking the item
relating to section 511 and inserting the following:</DELETED>
<DELETED>``511. Compensatory absence from duty for military personnel
at isolated duty stations.''.
<DELETED>SEC. 204. SUSPENSION OF RETIRED PAY OF COAST GUARD MEMBERS WHO
ARE ABSENT FROM THE UNITED STATES TO AVOID
PROSECUTION.</DELETED>
<DELETED> Section 633 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201) is amended by redesignating
subsections (b), (c), and (d) in order as subsections (c), (d), and
(e), and by inserting after subsection (a) the following:</DELETED>
<DELETED> ``(b) Application to Coast Guard.--Procedures promulgated
by the Secretary of Defense under subsection (a) shall apply to the
Coast Guard. The Commandant of the Coast Guard shall be considered a
Secretary of a military department for purposes of suspending pay under
this section.''.</DELETED>
<DELETED>SEC. 205. EXTENSION OF COAST GUARD HOUSING
AUTHORITIES.</DELETED>
<DELETED> Section 689 of title 14, United States Code, is amended by
striking ``2001.'' and inserting ``2006.''.</DELETED>
<DELETED>SEC. 206. ACCELERATED PROMOTION OF CERTAIN COAST GUARD
OFFICERS.</DELETED>
<DELETED> Title 14, United States Code, is amended--</DELETED>
<DELETED> (1) in section 259, by adding at the end a new
subsection (c) to read as follows:</DELETED>
<DELETED> ``(c)(1) After selecting the officers to be recommended
for promotion, a selection board may recommend officers of particular
merit, from among those officers chosen for promotion, to be placed at
the top of the list of selectees promulgated by the Secretary under
section 271(a) of this title. The number of officers that a board may
recommend to be placed at the top of the list of selectees may not
exceed the percentages set forth in subsection (b) unless such a
percentage is a number less than one, in which case the board may
recommend one officer for such placement. No officer may be recommended
to be placed at the top of the list of selectees unless he or she
receives the recommendation of at least a majority of the members of a
board composed of five members, or at least two-thirds of the members
of a board composed of more than five members.</DELETED>
<DELETED> ``(2) A selection board may not make any recommendation
under this subsection before the date the Secretary publishes a finding
that implementation of this subsection will improve Coast Guard officer
retention and management.</DELETED>
<DELETED> ``(3) The Secretary shall submit any finding made by the
Secretary pursuant to paragraph (2) to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.'';</DELETED>
<DELETED> (2) in section 260(a), by inserting ``and the
names of those officers recommended to be advanced to the top
of the list of selectees established by the Secretary under
section 271(a) of this title'' after ``promotion'';
and</DELETED>
<DELETED> (3) in section 271(a), by inserting at the end
thereof the following: ``The names of all officers approved by
the President and recommended by the board to be placed at the
top of the list of selectees shall be placed at the top of the
list of selectees in the order of seniority on the active duty
promotion list.''.</DELETED>
<DELETED>SEC. 207. REGULAR LIEUTENANT COMMANDERS AND COMMANDERS;
CONTINUATION ON FAILURE OF SELECTION FOR
PROMOTION.</DELETED>
<DELETED> Section 285 of title 14, United States Code, is amended--
</DELETED>
<DELETED> (1) by striking ``Each officer'' and inserting
``(a) Each officer''; and</DELETED>
<DELETED> (2) by adding at the end the following new
subsections:</DELETED>
<DELETED> ``(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
2000
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.</DELETED>
<DELETED> ``(c)(1) An officer who holds the grade of lieutenant
commander of the Regular Coast Guard may not be continued on active
duty under subsection (b) for a period which extends beyond 24 years of
active commissioned service unless promoted to the grade of commander
of the Regular Coast Guard. An officer who holds the grade of commander
of the Regular Coast Guard may not be continued on active duty under
subsection (b) for a period which extends beyond 26 years of active
commissioned service unless promoted to the grade of captain of the
Regular Coast Guard.</DELETED>
<DELETED> ``(2) Unless retired or discharged under another provision
of law, each officer who is continued on active duty under subsection
(b), is not subsequently promoted or continued on active duty, and is
not on a list of officers recommended for continuation or for promotion
to the next higher grade, shall, if eligible for retirement under any
provision of law, be retired under that law on the first day of the
first month following the month in which the period of continued
service is completed.''</DELETED>
<DELETED>SEC. 208. RESERVE OFFICER PROMOTIONS.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Section 731 of title 14, United States Coast Code, is
amended by striking the period at the end of the sentence in section
731, and inserting ``, or in the event that promotion is not determined
in accordance with a running mate system, then a Reserve officer
becomes eligible for consideration for promotion to the next higher
grade at the beginning of the promotion year in which he completes the
following amount of service computed from his date of rank in the grade
in which he is serving:</DELETED>
<DELETED> (1) 2 years in the grade of lieutenant (junior
grade);</DELETED>
<DELETED> (2) 3 years in the grade of lieutenant;</DELETED>
<DELETED> (3) 4 years in the grade of lieutenant
commander;</DELETED>
<DELETED> (4) 4 years in the grade of commander;
and</DELETED>
<DELETED> (5) 3 years in the grade of captain.''.</DELETED>
<DELETED> (c) Section 736(a) of title 14, United States Code, is
amended by inserting ``the date of rank shall be the date of
appointment in that grade, unless the promotion was determined in
accordance with a running mate system, in which event'' after
``subchapter,'' in the first sentence in Section 736(a).</DELETED>
<DELETED>SEC. 209. RESERVE STUDENT PRE-COMMISSIONING ASSISTANCE
PROGRAM.</DELETED>
<DELETED> (a) In General.--Chapter 21 of title 14, United States
Code, is amended by inserting after section 709 the following new
section:</DELETED>
<DELETED>``Sec. 709a. Reserve student pre-commissioning assistance
program</DELETED>
<DELETED> ``(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-</DELETED>
<DELETED> ``(1) a baccalaureate degree in not more than 5
academic years; or</DELETED>
<DELETED> ``(2) a doctor of jurisprudence or bachelor of
laws degree in not more than 3 academic years.</DELETED>
<DELETED> ``(b)(1) To be eligible for financial assistance under
this section, an enlisted member of the Coast Guard Reserve must-
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) enter into a written agreement with the
Coast Guard described in paragraph (2).</DELETED>
<DELETED> ``(2) A written agreement referred to in paragraph (1)(B)
is an agreement between the member and the Secretary in which the
member agrees-</DELETED>
<DELETED> ``(A) to accept an appointment as a commissioned
officer in the Coast Guard Reserve, if tendered;</DELETED>
<DELETED> ``(B) to serve on active duty for up to five
years; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Expenses for which financial assistance may be
provided under this section are-</DELETED>
<DELETED> ``(1) tuition and fees charged by the institution
of higher education involved;</DELETED>
<DELETED> ``(2) the cost of books;</DELETED>
<DELETED> ``(3) in the case of a program of education
leading to a baccalaureate degree, laboratory expenses;
and</DELETED>
<DELETED> ``(4) such other expenses deemed appropriate by
the Secretary.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Financial assistance may be provided to a member
under this section for up to 5 consecutive academic years.</DELETED>
<DELETED> ``(f) A member who receives financial assistance under
this section may be ordered to active duty in the Coast Guard Reserve
by the Secretary to serve in a designated enlisted grade for such
period as the Secretary prescribes, but not more than 4 years, if the
member''</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) fails to complete the academic requirements
of the institution of higher education involved; or</DELETED>
<DELETED> ``(3) fails to maintain eligibility for an
original appointment as a commissioned officer.</DELETED>
<DELETED> ``(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
ac
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tive duty.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(h) As used in this section, the term `institution of
higher education' has the meaning given that term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).''.</DELETED>
<DELETED> (b) Clerical Amendment.--The chapter analysis for chapter
21 of title 14, United States Code, is amended by adding the following
new item after the item relating to section 709:</DELETED>
``709a. Reserve student pre-commissioning assistance program''.
<DELETED>TITLE III--MARINE SAFETY</DELETED>
<DELETED>SEC. 301. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-
BRIDGE RADIOTELEPHONE ACT.</DELETED>
<DELETED> Section 4(b) of the Vessel Bridge-to-Bridge Radiotelephone
Act (33 U.S.C. 1203(b)), is amended by striking ``United States inside
the lines established pursuant to section 2 of the Act of February 19,
1895 (28 Stat. 672), as amended.'' and inserting ``United States, which
includes all waters of the territorial sea of the United States as
described in Presidential Proclamation 5928 of December 27,
1988.''.</DELETED>
<DELETED>SEC. 302. ICEBREAKING SERVICES.</DELETED>
<DELETED> The Commandant of the Coast Guard shall not plan,
implement or finalize any regulation or take any other action which
would result in the decommissioning of any WYTL-class harbor tugs
unless and until the Commandant certifies in writing to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House, that
sufficient replacement assets have been procured by the Coast Guard to
remediate any degradation in current icebreaking services that would be
caused by such decommissioning.</DELETED>
<DELETED>SEC. 303. MODIFICATION OF VARIOUS REPORTING
REQUIREMENTS.</DELETED>
<DELETED> (a) Termination of Oil Spill Liability Trust Fund Annual
Report.--</DELETED>
<DELETED> (1) In general.--The report regarding the Oil
Spill Liability Trust Fund required by the Conference Report
(House Report 101-892) accompanying the Department of
Transportation and Related Agencies Appropriations Act, 1991,
as that requirement was amended by section 1122 of the Federal
Reports Elimination and Sunset Act of 1995 (26 U.S.C. 9509
note), shall no longer be submitted to the Congress.</DELETED>
<DELETED> (2) Repeal.--Section 1122 of the Federal Reports
Elimination and Sunset Act of 1995 (26 U.S.C. 9509 note) is
amended by--</DELETED>
<DELETED> (A) striking subsection (a); and</DELETED>
<DELETED> (B) striking ``(b) Report on Joint Federal
and State Motor Fuel Tax Compliance Project.--
''.</DELETED>
<DELETED> (b) Preservation of Certain Reporting Requirements.--
Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of
1995 (31 U.S.C. 1113 note) does not apply to any report required to be
submitted under any of the following provisions of law:</DELETED>
<DELETED> (1) Coast guard operations and expenditures.--
Section 651 of title 14, United States Code.</DELETED>
<DELETED> (2) Summary of marine casualties reported during
prior fiscal year.--Section 6307(c) of title 46, United States
Code.</DELETED>
<DELETED> (3) User fee activities and amounts.--Section 664
of title 46, United States Code.</DELETED>
<DELETED> (4) Conditions of public ports of the united
states.--Section 308(c) of title 49, United States
Code.</DELETED>
<DELETED> (5) Activities of federal maritime commission.--
Section 208 of the Merchant Marine Act, 1936 (46 App. U.S.C.
1118).</DELETED>
<DELETED> (6) Activities of interagency coordinating
committee on oil pollution research.--Section 7001(e) of the
Oil Pollution Act of 1990 (33 U.S.C. 2761(e)).</DELETED>
<DELETED>SEC. 304. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND
BORROWING AUTHORITY.</DELETED>
<DELETED> Section 6002(b) of the Oil Pollution Act of 1990 (33
U.S.C. 2752(b)) is amended after the first sentence by inserting ``To
the extent that such amount is not adequate for removal of a discharge
or the mitigation or prevention of a substantial threat of a discharge,
the Coast Guard may borrow from the Fund such sums as may be necessary,
up to a maximum of $100,000,000, and within 30 days shall notify
Congress of the amount borrowed and the facts and circumstances
necessitating the loan. Amounts borrowed shall be repaid to the Fund
when, and to the extent that removal costs are recovered by the Coast
Guard from responsible parties for the discharge or substantial threat
of discharge.''.</DELETED>
<DELETED>SEC. 305. MERCHANT MARINER DOCUMENTATION
REQUIREMENTS.</DELETED>
<DELETED> (a) Interim Merchant Mariners' Documents.--Section 7302 of
title 46, United States Code, is amended--</DELETED>
<DELETED> (1) by striking ``A'' in subsection (f) and
inserting ``Except as provided in subsection (g), a'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(g)(1) The Secretary may, pending receipt and review of
information required under subsections (c) and (d), immediately issue
an interim merchant mariner's document valid for a period not to exceed
120 days, to--</DELETED>
<DELETED> ``(A) an individual to be employed as gaming
personnel, entertainment personnel, wait staff, or other
service personnel on board a passenger vessel not engaged in
foreign service, with no duties, including emergency duties,
related to the navigation of the vessel or the safety of the
vessel, its crew, cargo or passengers; or</DELETED>
<DELETED> ``(B) an individual seeking renewal of, or
qualifying for a supplemental endorsement to, a valid merchant
mariner's document issued under this section.</DELETED>
<DELETED> ``(2) No more than one interim document may be issued to
an individual under paragraph (1)(A) of this subsection.''.</DELETED>
<DELETED> (b) Exception.--Section 8701(a) of title 46, United States
Code, is amended--</DELETED>
<DELETED> (1) by striking ``and'' after the semicolon in
paragraph (8);</DELETED>
<DELETED> (2) by redesignating paragraph (9) as paragraph
(10); and</DELETED>
<DELETED> (3) by inserting after paragraph (8) the
following:</DELETED>
<DELETED> ``(9) a passenger vessel not engaged in a foreign
voyage with respect to individuals on board employed for a
period of not more than 30 service days within a 12 month
period as entertainment personnel, with no duties, including
emergency duties, related to the navigation of the vessel or
the safety of the vessel, its crew, cargo or passengers;
and''.</DELETED>
<DELETED>SEC. 306. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING
WITH SAFE OPERATION.</DELETED>
<DELETED> Section 2302(a) of title 46, United States Code, is
amended by striking `
2000
`$1,000.'' and inserting ``$5,000 in the case of a
recreational vessel, or $25,000 in the case of any other
vessel.''.</DELETED>
<DELETED>SEC. 307. FISHING VESSEL SAFETY TRAINING.</DELETED>
<DELETED> (a) In General.--The Commandant of the Coast Guard may
provide support, with or without reimbursement, to an entity engaged in
fishing vessel safety training including--</DELETED>
<DELETED> (1) assistance in developing training
curricula;</DELETED>
<DELETED> (2) use of Coast Guard personnel, including active
duty members, members of the Coast Guard Reserve, and members
of the Coast Guard Auxiliary, as temporary or adjunct
instructors;</DELETED>
<DELETED> (3) sharing of appropriate Coast Guard
informational and safety publications; and</DELETED>
<DELETED> (4) participation on applicable fishing vessel
safety training advisory panels.</DELETED>
<DELETED> (b) No Interference with Other Functions.--In providing
support under subsection (a), the Commandant shall ensure that the
support does not interfere with any Coast Guard function or
operation.</DELETED>
<DELETED>SEC. 308. EXTEND TIME FOR RECREATIONAL VESSEL AND ASSOCIATED
EQUIPMENT RECALLS.</DELETED>
<DELETED> Section 4310(c)(2) of title 46, United Sates Code, is
amended in subparagraphs (A) and (B) by striking ``5'' wherever it
appears and inserting ``10'' in its place.</DELETED>
<DELETED>TITLE IV--RENEWAL OF ADVISORY GROUPS</DELETED>
<DELETED>SEC. 401. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY
COMMITTEE.</DELETED>
<DELETED> (a) Commercial Fishing Industry Vessel Advisory
Committee.--Section 4508 of title 46, United States Code, is amended--
</DELETED>
<DELETED> (1) by inserting ``Safety'' in the heading after
``Vessel'';</DELETED>
<DELETED> (2) by inserting ``Safety'' in subsection (a)
after ``Vessel'';</DELETED>
<DELETED> (3) by striking ``(5 U.S.C App. 1 et seq.)'' in
subsection (e)(1)(I) and inserting ``(5 U.S.C. App.)'';
and</DELETED>
<DELETED> (4) by striking ``of September 30, 2000'' and
inserting ``on September 30, 2005''.</DELETED>
<DELETED> (b) Conforming Amendment.--The chapter analysis for
chapter 45 of title 46, United States Code, is amended by striking the
item relating to section 4508 and inserting the following:</DELETED>
<DELETED>``4508. Commercial Fishing Industry Vessel Safety Advisory
Committee.''.
<DELETED>SEC. 402. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY
COMMITTEE.</DELETED>
<DELETED> Section 18(h) of the Coast Guard Authorization Act of 1991
(Public Law 102-241) is amended by striking ``September 30, 2000.'' and
inserting ``September 30, 2005.''.</DELETED>
<DELETED>SEC. 403. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY
COMMITTEE.</DELETED>
<DELETED> Section 19 of the Coast Guard Authorization Act of 1991
(Public Law 102-241) is amended by striking ``September 30, 2000'' in
subsection (g) and inserting ``September 30, 2005''.</DELETED>
<DELETED>SEC. 404. NAVIGATION SAFETY ADVISORY COUNCIL.</DELETED>
<DELETED> Section 5 of the Inland Navigational Rules Act of 1980 (33
U.S.C. 2073) is amended by striking ``September 30, 2000'' in
subsection (d) and inserting ``September 30, 2005''.</DELETED>
<DELETED>SEC. 405. NATIONAL BOATING SAFETY ADVISORY COUNCIL.</DELETED>
<DELETED> Section 13110 of title 46, United States Code, is amended
by striking ``September 30, 2000'' in subsection (e) and inserting
``September 30, 2005''.</DELETED>
<DELETED>SEC. 406. TOWING SAFETY ADVISORY COMMITTEE.</DELETED>
<DELETED> The Act entitled ``An Act to Establish a Towing Safety
Advisory Committee in the Department of Transportation'' (33 U.S.C.
1231a) is amended by striking ``September 30, 2000.'' in subsection (e)
and inserting ``September 30, 2005.''.</DELETED>
<DELETED>TITLE V--MISCELLANEOUS</DELETED>
<DELETED>SEC. 501. MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE
SYSTEM.</DELETED>
<DELETED> (a) Report.--The Secretary of Transportation shall prepare
a status report on the modernization of the National Distress and
Response System and transmit the report, not later than 60 days after
the date of enactment of this Act, and annually thereafter until
completion of the project, to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.</DELETED>
<DELETED> (b) Contents.--The report required by subsection (a)
shall--</DELETED>
<DELETED> (1) set forth the scope of the modernization, the
schedule for completion of the System, and provide information
on progress in meeting the schedule and on any anticipated
delays;</DELETED>
<DELETED> (2) specify the funding expended to-date on the
System, the funding required to complete the system, and the
purposes for which the funds were or will be
expended;</DELETED>
<DELETED> (3) describe and map the existing public and
private communications coverage throughout the waters of the
coastal and internal regions of the continental United States,
Alaska, Hawaii, Guam, and the Caribbean, and identify locations
that possess direction-finding, asset-tracking communications,
and digital selective calling service;</DELETED>
<DELETED> (4) identify areas of high risk to boaters and
Coast Guard personnel due to communications gaps;</DELETED>
<DELETED> (5) specify steps taken by the Secretary to fill
existing gaps in coverage, including obtaining direction-
finding equipment, digital recording systems, asset-tracking
communications, use of commercial VHF services, and digital
selective calling services that meet or exceed Global Maritime
Distress and Safety System requirements adopted under the
International Convention for the Safety of Life at
Sea;</DELETED>
<DELETED> (6) identify the number of VHF-FM radios equipped
with digital selective calling sold to United States
boaters;</DELETED>
<DELETED> (7) list all reported marine accidents,
casualties, and fatalities associated with existing
communications gaps or failures, including incidents associated
with gaps in VHF-FM coverage or digital selective calling
capabilities and failures associated with inadequate
communications equipment aboard the involved vessels;</DELETED>
<DELETED> (8) identify existing systems available to close
identified marine safety gaps before January 1, 2003, including
expeditious receipt and response by appropriate Coast Guard
operations centers to VHF-FM digital selective calling distress
signal; and</DELETED>
<DELETED> (9) identify actions taken to-date to implement
the recommendations of the National Transportation Safety Board
in its Report No. MAR-99-01.</DELETED>
<DELETED>SEC. 502. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND,
MAINE.</DELETED>
<DELETED> (a) Authority To Convey.--</DELETED>
<DELETED> (1) In general.--The Administrator of General
Services may convey to the Gulf of Maine Aquarium Development
Corporation, its successors and assigns, without p
2000
ayment for
consideration, all right, title, and interest of the United
States in and to approximately 4.13 acres of land, including a
pier and bulkhead, known as the Naval Reserve Pier property,
together with any improvements thereon in their then current
condition, located in Portland, Maine. All conditions placed
with the deed of title shall be construed as covenants running
with the land.</DELETED>
<DELETED> (2) Identification of property.--The
Administrator, in consultation with the Commandant of the Coast
Guard, may identify, describe, and determine the property to be
conveyed under this section. The floating docks associated with
or attached to the Naval Reserve Pier property shall remain the
personal property of the United States.</DELETED>
<DELETED> (b) Lease to the United States.--</DELETED>
<DELETED> (1) Condition of conveyance.--The Naval Reserve
Pier property shall not be conveyed until the Corporation
enters into a lease agreement with the United States, the terms
of which are mutually satisfactory to the Commandant and the
Corporation, in which the Corporation shall lease a portion of
the Naval Reserve Pier property to the United States for a term
of 30 years without payment of consideration. The lease
agreement shall be executed within 12 months after the date of
enactment of this Act.</DELETED>
<DELETED> (2) Identification of leased premises.--The
Administrator, in consultation with the Commandant, may
identify and describe the leased premises and rights of access,
including the following, in order to allow the Coast Guard to
operate and perform missions from and upon the leased
premises:</DELETED>
<DELETED> (A) The right of ingress and egress over
the Naval Reserve Pier property, including the pier and
bulkhead, at any time, without notice, for purposes of
access to Coast Guard vessels and performance of Coast
Guard missions and other mission-related
activities.</DELETED>
<DELETED> (B) The right to berth Coast Guard cutters
or other vessels as required, in the moorings along the
east side of the Naval Reserve Pier property, and the
right to attach floating docks which shall be owned and
maintained at the United States' sole cost and
expense.</DELETED>
<DELETED> (C) The right to operate, maintain,
remove, relocate, or replace an aid to navigation
located upon, or to install any aid to navigation upon,
the Naval Reserve Pier property as the Coast Guard, in
its sole discretion, may determine is needed for
navigational purposes.</DELETED>
<DELETED> (D) The right to occupy up to 3,000 gross
square feet at the Naval Reserve Pier property for
storage and office space, which will be provided and
constructed by the Corporation, at the Corporation's
sole cost and expense, and which will be maintained,
and utilities and other operating expenses paid for, by
the United States at its sole cost and
expense.</DELETED>
<DELETED> (E) The right to occupy up to 1,200 gross
square feet of offsite storage in a location other than
the Naval Reserve Pier property, which will be provided
by the Corporation at the Corporation's sole cost and
expense, and which will be maintained, and utilities
and other operating expenses paid for, by the United
States at its sole cost and expense.</DELETED>
<DELETED> (F) The right for Coast Guard personnel to
park up to 60 vehicles, at no expense to the
government, in the Corporation's parking spaces on the
Naval Reserve Pier property or in parking spaces that
the Corporation may secure within 1,000 feet of the
Naval Reserve Pier property or within 1,000 feet of the
Coast Guard Marine Safety Office Portland. Spaces for
no less than 30 vehicles shall be located on the Naval
Reserve Pier property.</DELETED>
<DELETED> (3) Renewal.--The lease described in paragraph (1)
may be renewed, at the sole option of the United States, for
additional lease terms.</DELETED>
<DELETED> (4) Limitation on subleases.--The United States
may not sublease the leased premises to a third party or use
the leased premises for purposes other than fulfilling the
missions of the Coast Guard and for other mission related
activities.</DELETED>
<DELETED> (5) Termination.--In the event that the Coast
Guard ceases to use the leased premises, the Administrator, in
consultation with the Commandant, may terminate the lease with
the Corporation.</DELETED>
<DELETED> (c) Improvement of Leased Premises.--</DELETED>
<DELETED> (1) In general.--The Naval Reserve Pier property
shall not be conveyed until the Corporation enters into an
agreement with the United States, subject to the Commandant's
design specifications, project's schedule, and final project
approval, to replace the bulkhead and pier which connects to,
and provides access from, the bulkhead to the floating docks,
at the Corporation's sole cost and expense, on the east side of
the Naval Reserve Pier property within 30 months from the date
of conveyance. The agreement to improve the leased premises
shall be executed within 12 months after the date of enactment
of this Act.</DELETED>
<DELETED> (2) Further improvements.--In addition to the
improvements described in paragraph (1), the Commandant is
authorized to further improve the leased premises during the
lease term, at the United States sole cost and
expense.</DELETED>
<DELETED> (d) Utility Installation and Maintenance Obligations.--
</DELETED>
<DELETED> (1) Utilities.--The Naval Reserve Pier property
shall not be conveyed until the Corporation enters into an
agreement with the United States to allow the United States to
operate and maintain existing utility lines and related
equipment, at the United States sole cost and expense. At such
time as the Corporation constructs its proposed public
aquarium, the Corporation shall replace existing utility lines
and related equipment and provide additional utility lines and
equipment capable of supporting a third 110-foot Coast Guard
cutter, with comparable, new, code compliant utility lines and
equipment at the Corporation's sole cost and expense, maintain
such utility lines and related equipment from an agreed upon
demarcation point, and make such utility lines and equipment
available for use by the United States, provided that the
United States pays for its use of utilities at its sole cost
and expense. The agreement concerning the operation and
maintenance of utility lines and equipment shall be executed
within 12 months after the date of enactment of this
Act.</DELETED>
<DELETED> (2) Maintenance.--The Naval Reserve Pier property
shall not be conveyed unt
2000
il the Corporation enters into an
agreement with the United States to maintain, at the
Corporation's sole cost and expense, the bulkhead and pier on
the east side of the Naval Reserve Pier property. The agreement
concerning the maintenance of the bulkhead and pier shall be
executed within 12 months after the date of enactment of this
Act.</DELETED>
<DELETED> (3) Aids to navigation.--The United States shall
be required to maintain, at its sole cost and expense, any
Coast Guard active aid to navigation located upon the Naval
Reserve Pier property.</DELETED>
<DELETED> (e) Additional Rights.--The conveyance of the Naval
Reserve Pier property shall be made subject to conditions the
Administrator or the Commandant consider necessary to ensure that--
</DELETED>
<DELETED> (1) the Corporation shall not interfere or allow
interference, in any manner, with use of the leased premises by
the United States; and</DELETED>
<DELETED> (2) the Corporation shall not interfere or allow
interference, in any manner, with any aid to navigation nor
hinder activities required for the operation and maintenance of
any aid to navigation, without the express written permission
of the head of the agency responsible for operating and
maintaining the aid to navigation.</DELETED>
<DELETED> (f) Remedies and Reversionary Interest.--The Naval Reserve
Pier property, at the option of the Administrator, shall revert to the
United States and be placed under the administrative control of the
Administrator, if, and only if, the Corporation fails to abide by any
of the terms of this section or any agreement entered into under
subsection (b), (c), or (d) of this section.</DELETED>
<DELETED> (g) Liability of the Parties.--The liability of the United
States and the Corporation for any injury, death, or damage to or loss
of property occurring on the leased property shall be determined with
reference to existing State or Federal law, as appropriate, and any
such liability may not be modified or enlarged by this Act or any
agreement of the parties.</DELETED>
<DELETED> (h) Expiration of Authority To Convey.--The authority to
convey the Naval Reserve property under this section shall expire 3
years after the date of enactment of this Act.</DELETED>
<DELETED> (i) Definitions.--In this section:</DELETED>
<DELETED> (1) Aid to navigation.--The term ``aid to
navigation'' means equipment used for navigational purposes,
including but not limited to, a light, antenna, sound signal,
electronic navigation equipment, cameras, sensors power source,
or other related equipment which are operated or maintained by
the United States.</DELETED>
<DELETED> (2) Corporation.--The term ``Corporation'' means
the Gulf of Maine Aquarium Development Corporation, its
successors and assigns.</DELETED>
<DELETED>SEC. 503. HARBOR SAFETY COMMITTEES.</DELETED>
<DELETED> (a) Study.--The Coast Guard shall study existing harbor
safety committees in the United States to identify--</DELETED>
<DELETED> (1) strategies for gaining successful cooperation
among the various groups having an interest in the local port
or waterway;</DELETED>
<DELETED> (2) organizational models that can be applied to
new or existing harbor safety committees or to prototype harbor
safety committees established under subsection (b);</DELETED>
<DELETED> (3) technological assistance that will help harbor
safety committees overcome local impediments to safety,
mobility, environmental protection, and port security;
and</DELETED>
<DELETED> (4) recurring resources necessary to ensure the
success of harbor safety committees.</DELETED>
<DELETED> (b) Prototype Committees.--The Coast Guard shall test the
feasibility of expanding the harbor safety committee concept to small
and medium-sized ports that are not generally served by a harbor safety
committee by establishing 1 or more prototype harbor safety committees.
In selecting a location or locations for the establishment of a
prototype harbor safety committee, the Coast Guard shall--</DELETED>
<DELETED> (1) consider the results of the study conducted
under subsection (a);</DELETED>
<DELETED> (2) consider identified safety issues for a
particular port;</DELETED>
<DELETED> (3) compare the potential benefits of establishing
such a committee with the burdens the establishment of such a
committee would impose on participating agencies and
organizations;</DELETED>
<DELETED> (4) consider the anticipated level of support from
interested parties; and</DELETED>
<DELETED> (5) take into account such other factors as may be
appropriate.</DELETED>
<DELETED> (c) Effect on Existing Programs and State Law.--Nothing in
this section--</DELETED>
<DELETED> (1) limits the scope or activities of harbor
safety committees in existence on the date of enactment of this
Act;</DELETED>
<DELETED> (2) precludes the establishment of new harbor
safety committees in locations not selected for the
establishment of a prototype committee under subsection (b);
or</DELETED>
<DELETED> (3) preempts State law.</DELETED>
<DELETED> (d) Nonapplication of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) does not apply to harbor safety
committees established under this section or any other provision of
law.</DELETED>
<DELETED> (e) Harbor Safety Committee Defined.--In this section, the
term ``harbor safety committee'' means a local coordinating body--
</DELETED>
<DELETED> (1) whose responsibilities include recommending
actions to improve the safety of a port or waterway;
and</DELETED>
<DELETED> (2) the membership of which includes
representatives of government agencies, maritime labor,
maritime industry companies and organizations, environmental
groups, and public interest groups.</DELETED>
<DELETED>SEC. 504. LIMITATION OF LIABILITY OF PILOTS AT COAST GUARD
VESSEL TRAFFIC SERVICES.</DELETED>
<DELETED> (a) In General.--Chapter 23 of title 46, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 2307. Limitation of liability for Coast Guard Vessel
Traffic Service pilots</DELETED>
<DELETED> ``Any pilot, acting in the course and scope of his duties
while at a United States Coast Guard Vessel Traffic Service, who
provides information, advice or communication assistance shall not be
liable for damages caused by or related to such assistance unless the
acts or omissions of such pilot constitute gross negligence or willful
misconduct.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The chapter analysis for chapter
23 of title 46, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``2307. Limitation of liability for Coast Guard Vessel Traffic
Service pilots''.
<DELETED>TITLE VI--JONES ACT WAIVERS</DELETED>
<DELETED>SEC. 601. REPEAL OF SPECIAL AUTHORITY TO REVOKE
ENDORSEMENTS.</DELETED>
<DELETED> Section 503 of the Coast Guard Authorization Act of 1998
(46 U.S.C. 12106 note) is repealed.</DELETED>
SECTION 1. SHORT TITLE.
Thi
2000
s Act may be cited as the ``Coast Guard Authorization Act of
2001''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. LORAN-C.
Sec. 104. Patrol craft.
Sec. 105. Caribbean support tender.
TITLE II--PERSONNEL MANAGEMENT
Sec. 201. Coast Guard band director rank.
Sec. 202. Compensatory absence for isolated duty.
Sec. 203. Suspension of retired pay of Coast Guard members who are
absent from the United States to avoid
prosecution.
Sec. 204. Extension of Coast Guard housing authorities.
Sec. 205. Accelerated promotion of certain Coast Guard officers.
Sec. 206. Regular lieutenant commanders and commanders; continuation on
failure of selection for promotion.
Sec. 207. Reserve officer promotion
Sec. 208. Reserve Student Pre-Commissioning Assistance Program.
Sec. 209. Continuation on active duty beyond 30 years.
Sec. 210. Payment of death gratuities on behalf of Coast Guard
Auxiliarists.
Sec. 211. Align Coast Guard severance pay and revocation of commission
authority with Department of Defense
authority.
TITLE III--MARINE SAFETY
Sec. 301. Modernization of national distress and response system.
Sec. 302. Extension of Territorial Sea for Vessel Bridge-to-Bridge
Radiotelephone Act.
Sec. 303. Icebreaking services.
Sec. 304. Modification of various reporting requirements.
Sec. 305. Oil Spill Liability Trust Fund; emergency fund advancement
authority.
Sec. 306. Merchant mariner documentation requirements.
Sec. 307. Penalties for negligent operations and interfering with safe
operation.
Sec. 308. Fishing vessel safety training.
Sec. 309. Extend time for recreational vessel and associated equipment
recalls.
Sec. 310. Safety equipment requirement.
Sec. 311. Marine casualty investigations involving foreign vessels.
TITLE IV--RENEWAL OF ADVISORY GROUPS
Sec. 401. Commercial Fishing Industry Vessel Advisory Committee.
Sec. 402. Houston-Galveston Navigation Safety Advisory Committee.
Sec. 403. Lower Mississippi River Waterway Advisory Committee.
Sec. 404. Navigation Safety Advisory Council.
Sec. 405. National Boating Safety Advisory Council.
Sec. 406. Towing Safety Advisory Committee.
Sec. 407. Great Lakes Pilotage Advisory Committee.
TITLE V--MISCELLANEOUS
Sec. 501. Conveyance of Coast Guard property in Portland, Maine.
Sec. 502. Harbor safety committees.
Sec. 503. Limitation of liability of pilots at Coast Guard Vessel
Traffic Services.
Sec. 504. Conforming references to the former Merchant Marine and
Fisheries Committee.
Sec. 505. Long-term lease authority for lighthouse property.
Sec. 506. Electronic filing of commercial instruments for vessels.
Sec. 507. Radio direction finding apparatus carriage requirement.
TITLE VI--JONES ACT WAIVERS
Sec. 601. Repeal of special authority to revoke endorsements.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary expenses of
the Coast Guard for fiscal year 2002, as follows:
(1) For the operation and maintenance of the Coast Guard,
$3,633,000,000, of which $25,000,000 shall be derived from the
Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $669,323,000 of which--
(A) $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990;
and
(B) not less than $338,000,000 shall be available
to the Coast Guard only to implement the Coast Guard's
Integrated Deepwater system.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $22,000,000, to remain available until
expended, of which $3,500,000 shall be derived from the Oil
Spill Liability Trust Fund.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $876,350,000, to remain
available until expended.
(5) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $17,000,000, to remain
available until expended.
(6) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program--
(A) $13,500,000, to remain available until
expended; and
(B) $2,000,000, to remain available until expended,
which may be utilized for construction of a new Chelsea
Street Bridge over the Chelsea River in Boston,
Massachusetts.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) End-of-Year Strength for Fiscal Year 2002.--The Coast Guard is
authorized an end-of-year strength of active duty personnel of 45,500
as of September 30, 2002.
(b) Training Student Loads for Fiscal Year 2002.--For fiscal year
2002, the Coast Guard is authorized average military training student
loads as follows:
(1) For recruit and special training, 1,500 student years.
(2) For flight training, 125 student years.
(3) For professional training in military and civilian
institutions, 300 student years.
(4) For officer acquisition, 1,050 student years.
SEC. 103. LORAN-C.
There are authorized to be appropriated to the Department of
Transportation, in addition to funds authorized for the Coast Guard for
operation of the LORAN-C system, for capital expenses related to LORAN-
C navigation infrastructure, $22,000,000 for fiscal year 2002. The
Secretary of Transportation may transfer from the Federal Aviation
Administration and other agencies of the department funds appropriated
as authorized under this section in order to reimburse the Coast Guard
for related expenses.
SEC. 104. PATROL CRAFT.
(a) Transfer of Craft From DOD.--Notwithstanding any other
provision of law, the Secretary of Transportation may accept, by direct
transfer without cost, for use by the Coast Guard primarily for
expanded drug interdiction activities required to meet national supply
reduction performance goals, up to 7 PC-170 patrol craft from the
Department of Defense if it offers to transfer such craft.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Coast Guard, in addition to amounts otherwise
authorized by this Act, up to $100,0
2000
00,000, to remain available until
expended, for the conversion of, operation and maintenance of,
personnel to operate and support, and shoreside infrastructure
requirements for, up to 7 patrol craft.
SEC. 105. CARIBBEAN SUPPORT TENDER.
(a) In General.--The Coast Guard is authorized to operate and
maintain a Caribbean Support Tender (or similar type vessel) to provide
technical assistance, including law enforcement training, for foreign
coast guards, navies, and other maritime services.
(b) Medical and Dental Care.--
(1) The Commandant may provide medical and dental care to
foreign military Caribbean Support Tender personnel and their
dependents accompanying them in the United States--
(A) on an outpatient basis without cost; and
(B) on an inpatient basis if the United States is
reimbursed for the costs of providing such care.
Payments received as reimbursement for the provision of
such care shall be credited to the appropriations
against which the charges were made for the provision
of such care.
(2) Notwithstanding paragraph (1)(B), the
Commandant may provide inpatient medical and dental
care in the United States without cost to foreign
military Caribbean Support Tender personnel and their
dependents accompanying them in the United States if
comparable care is made available to a comparable
number of United States military personnel in that
foreign country.
TITLE II--PERSONNEL MANAGEMENT
SEC. 201. COAST GUARD BAND DIRECTOR RANK.
Section 336(d) of title 14, United States Code, is amended by
striking ``commander'' and inserting ``captain''.
SEC. 202. COMPENSATORY ABSENCE FOR ISOLATED DUTY.
(a) In General.--Section 511 of title 14, United States Code, is
amended to read as follows:
``Sec. 511. Compensatory absence from duty for military personnel at
isolated duty stations
``The Secretary may grant compensatory absence from duty to
military personnel of the Coast Guard serving at isolated duty stations
of the Coast Guard when conditions of duty result in confinement
because of isolation or in long periods of continuous duty.''.
(b) Clerical Amendment.--The chapter analysis for chapter 13 of
title 14, United States Code, is amended by striking the item relating
to section 511 and inserting the following:
``511. Compensatory absence from duty for military personnel at
isolated duty stations.''.
SEC. 203. SUSPENSION OF RETIRED PAY OF COAST GUARD MEMBERS WHO ARE
ABSENT FROM THE UNITED STATES TO AVOID PROSECUTION.
Section 633 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201) is amended by redesignating subsections
(b), (c), and (d) in order as subsections (c), (d), and (e), and by
inserting after subsection (a) the following:
``(b) Application to Coast Guard.--Procedures promulgated by the
Secretary of Defense under subsection (a) shall apply to the Coast
Guard. The Commandant of the Coast Guard shall be considered a
Secretary of a military department for purposes of suspending pay under
this section.''.
SEC. 204. EXTENSION OF COAST GUARD HOUSING AUTHORITIES.
(a) In General.--Section 689 of title 14, United States Code, is
amended by striking ``2001.'' and inserting ``2006.''.
(b) Housing Demonstration Project.--Section 687 of title 14, United
States Code, is amended by adding at the end the following:
``(g) Demonstration Project Authorized.--To promote efficiencies
through the use of alternative procedures for expediting new housing
projects, the Secretary--
``(1) may develop and implement a demonstration project for
acquisition or construction of military family housing and
military unaccompanied housing at the Coast Guard installation
at Kodiak, Alaska;
``(2) in implementing the demonstration project shall
utilize, to the maximum extent possible, the contracting
authority of the Small Business Administration's section 8(a)
program;
``(3) shall, to the maximum extent possible, acquire or
construct such housing through contracts with small business
concerns qualified under section 8(a) of the Small Business Act
(15 U.S.C. 637(a)) that have their principal place of business
in the State of Alaska; and
``(4) shall report to Congress by September 1st of each
year on the progress of activities under the demonstration
project.''.
SEC. 205. ACCELERATED PROMOTION OF CERTAIN COAST GUARD OFFICERS.
Title 14, United States Code, is amended--
(1) by adding at the end of section 259 the following:
``(c)(1) After selecting the officers to be recommended for
promotion, a selection board may recommend officers of particular
merit, from among those officers chosen for promotion, to be placed at
the top of the list of selectees promulgated by the Secretary under
section 271(a) of this title. The number of officers that a board may
recommend to be placed at the top of the list of selectees may not
exceed the percentages set forth in subsection (b) unless such a
percentage is a number less than one, in which case the board may
recommend one officer for such placement. No officer may be recommended
to be placed at the top of the list of selectees unless he or she
receives the recommendation of at least a majority of the members of a
board composed of five members, or at least two-thirds of the members
of a board composed of more than five members.
``(2) A selection board may not make any recommendation under this
subsection before the date the Secretary publishes a finding that
implementation of this subsection will improve Coast Guard officer
retention and management.
``(3) The Secretary shall submit any finding made by the Secretary
pursuant to paragraph (2) to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.'';
(2) by inserting ``and the names of those officers
recommended to be advanced to the top of the list of selectees
established by the Secretary under section 271(a) of this
title'' in section 260(a) after ``promotion''; and
(3) by inserting at the end of section 271(a) the
following: ``The names of all officers approved by the
President and recommended by the board to be placed at the top
of the list of selectees shall be placed at the top of the list
of selectees in the order of seniority on the active duty
promotion list.''.
SEC. 206. REGULAR LIEUTENANT COMMANDERS AND COMMANDERS; CONTINUATION ON
FAILURE OF SELECTION FOR PROMOTION.
Section 285 of title 14, United States Code, is amended--
(1) by striking ``Each officer'' and inserting ``(a) Each
officer''; and
(2) by adding at the end the following new subsections:
``(b) A lieutenant commander or commander of the Regular Coast
Guard subject to discharge or retirement under subsection (a) may be
continued on active duty when the Secretary directs a selection board
convened under section 251 of this title to continue up to a specified
number of lieutenant commanders or commanders on active duty. When so
directed, the selection board shall recommend those officers who in the
opinion of the board are best qualified to advance the needs and
efficiency of the Coast Guard. When the recommendations of the board
are approved by the Secretary, the officers recommended for
continuation shall be notified that they have been recommended for
continuation and offered an additional term of service that fulfills
the needs of the Coast Guard.
``(c)(1) An officer who holds
2000
the grade of lieutenant commander of
the Regular Coast Guard may not be continued on active duty under
subsection (b) for a period which extends beyond 24 years of active
commissioned service unless promoted to the grade of commander of the
Regular Coast Guard. An officer who holds the grade of commander of the
Regular Coast Guard may not be continued on active duty under
subsection (b) for a period which extends beyond 26 years of active
commissioned service unless promoted to the grade of captain of the
Regular Coast Guard.
``(2) Unless retired or discharged under another provision of law,
each officer who is continued on active duty under subsection (b), is
not subsequently promoted or continued on active duty, and is not on a
list of officers recommended for continuation or for promotion to the
next higher grade, shall, if eligible for retirement under any
provision of law, be retired under that law on the first day of the
first month following the month in which the period of continued
service is completed.''
SEC. 207. RESERVE OFFICER PROMOTIONS.
(a) Section 729(i) of title 14, United States Code is amended by
inserting ``on the date a vacancy occurs, or as soon thereafter as
practicable, in the grade to which the officer was selected for
promotion, or if promotion was determined in accordance with a running
mate system,'' after ``grade''.
(b) Section 731 of title 14, United States Coast Code, is amended
by striking the period at the end of the sentence in section 731, and
inserting ``, or in the event that promotion is not determined in
accordance with a running mate system, then a Reserve officer becomes
eligible for consideration for promotion to the next higher grade at
the beginning of the promotion year in which he completes the following
amount of service computed from his date of rank in the grade in which
he is serving:
``(1) 2 years in the grade of lieutenant (junior grade).
``(2) 3 years in the grade of lieutenant.
``(3) 4 years in the grade of lieutenant commander.
``(4) 4 years in the grade of commander.
``(5) 3 years in the grade of captain.''.
(c) Section 736(a) of title 14, United States Code, is amended by
inserting ``the date of rank shall be the date of appointment in that
grade, unless the promotion was determined in accordance with a running
mate system, in which event'' after ``subchapter,'' in the first
sentence.
SEC. 208. RESERVE STUDENT PRE-COMMISSIONING ASSISTANCE PROGRAM.
(a) In General.--Chapter 21 of title 14, United States Code, is
amended by inserting after section 709 the following new section:
``Sec. 709a. Reserve student pre-commissioning assistance program
``(a) The Secretary may provide financial assistance to an eligible
enlisted member of the Coast Guard Reserve, not on active duty, for
expenses of the member while the member is pursuing on a full-time
basis at an institution of higher education a program of education
approved by the Secretary that leads to--
``(1) a baccalaureate degree in not more than 5 academic
years; or
``(2) a doctor of jurisprudence or bachelor of laws degree
in not more than 3 academic years.
``(b)(1) To be eligible for financial assistance under this
section, an enlisted member of the Coast Guard Reserve shall--
``(A) be enrolled on a full-time basis in a program of
education referred to in subsection (a) at any institution of
higher education; and
``(B) enter into a written agreement with the Coast Guard
described in paragraph (2).
``(2) A written agreement referred to in paragraph (1)(B) is an
agreement between the member and the Secretary in which the member
agrees--
``(A) to accept an appointment as a commissioned officer in
the Coast Guard Reserve, if tendered;
``(B) to serve on active duty for up to five years; and
``(C) under such terms and conditions as shall be
prescribed by the Secretary, to serve in the Coast Guard
Reserve until the eighth anniversary of the date of the
appointment.
``(c) Expenses for which financial assistance may be provided under
this section are the following:
``(1) Tuition and fees charged by the institution of higher
education involved.
``(2) The cost of books.
``(3) In the case of a program of education leading to a
baccalaureate degree, laboratory expenses.
``(4) Such other expenses as are deemed appropriate by the
Secretary.
``(d) The amount of financial assistance provided to a member under
this section shall be prescribed by the Secretary, but may not exceed
$25,000 for any academic year.
``(e) Financial assistance may be provided to a member under this
section for up to 5 consecutive academic years.
``(f) A member who receives financial assistance under this section
may be ordered to active duty in the Coast Guard Reserve by the
Secretary to serve in a designated enlisted grade for such period as
the Secretary prescribes, but not more than 4 years, if the member--
``(1) completes the academic requirements of the program
and refuses to accept an appointment as a commissioned officer
in the Coast Guard Reserve when offered;
``(2) fails to complete the academic requirements of the
institution of higher education involved; or
``(3) fails to maintain eligibility for an original
appointment as a commissioned officer.
``(g)(1) If a member requests to be released from the program and
the request is accepted by the Secretary, or if the member fails
because of misconduct to complete the period of active duty specified,
or if the member fails to fulfill any term or condition of the written
agreement required to be eligible for financial assistance under this
section, the financial assistance shall be terminated. The member shall
reimburse the United States in an amount that bears the same ratio to
the total cost of the education provided to such person as the unserved
portion of active duty bears to the total period of active duty such
person agreed to serve. The Secretary shall have the option to order
such reimbursement without first ordering the member to active duty.
``(2) The Secretary may waive the service obligated under
subsection (f) of a member who is not physically qualified for
appointment and who is determined to be unqualified for service as an
enlisted member of the Coast Guard Reserve due to a physical or medical
condition that was not the result of the member's own misconduct or
grossly negligent conduct.
``(h) As used in this section, the term `institution of higher
education' has the meaning given that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).''.
(b) Clerical Amendment.--The chapter analysis for chapter 21 of
title 14, United States Code, is amended by adding the following new
item after the item relating to section 709:
``709A. Reserve student pre-commissioning assistance program''.
SEC. 209. CONTINUATION ON ACTIVE DUTY BEYOND 30 YEARS.
Section 289 of title 14, United States Code, is amended by adding
at the end the following:
``(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. 210. PAYMENT OF DEATH GRATUITIES ON BEHALF OF COAST GUARD
AUXILIARISTS.
(a) Section 823a(b) of title 14, United States Code, is amended by
inserting the following new paragraph following paragraph (8):
``(9) On or after January 1, 2001, the first section 651
2000
contained in the Omnibus Consolidated Appropriations Act, 1997
(110 Stat. 3009-368).''.
SEC. 211. 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.
TITLE III--MARINE SAFETY
SEC. 301. MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE SYSTEM.
(a) Report.--The Secretary of Transportation shall prepare a status
report on the modernization of the National Distress and Response
System and transmit the report, not later than 60 days after the date
of enactment of this Act, and annually thereafter until completion of
the project, to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives.
(b) Contents.--The report required by subsection (a) shall--
(1) set forth the scope of the modernization, the schedule
for completion of the System, and provide information on
progress in meeting the schedule and on any anticipated delays;
(2) specify the funding expended to-date on the System, the
funding required to complete the system, and the purposes for
which the funds were or will be expended;
(3) describe and map the existing public and private
communications coverage throughout the waters of the coastal
and internal regions of the continental United States, Alaska,
Hawaii, Guam, and the Caribbean, and identify locations that
possess direction-finding, asset-tracking communications, and
digital selective calling service;
(4) identify areas of high risk to boaters and Coast Guard
personnel due to communications gaps;
(5) specify steps taken by the Secretary to fill existing
gaps in coverage, including obtaining direction-finding
equipment, digital recording systems, asset-tracking
communications, use of commercial VHF services, and digital
selective calling services that meet or exceed Global Maritime
Distress and Safety System requirements adopted under the
International Convention for the Safety of Life at Sea;
(6) identify the number of VHF-FM radios equipped with
digital selective calling sold to United States boaters;
(7) list all reported marine accidents, casualties, and
fatalities associated with existing communications gaps or
failures, including incidents associated with gaps in VHF-FM
coverage or digital selective calling capabilities and failures
associated with inadequate communications equipment aboard the
involved
2000
vessels;
(8) identify existing systems available to close identified
marine safety gaps before January 1, 2003, including
expeditious receipt and response by appropriate Coast Guard
operations centers to VHF-FM digital selective calling distress
signal; and
(9) identify actions taken to-date to implement the
recommendations of the National Transportation Safety Board in
its Report No. MAR-99-01.
SEC. 302. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-BRIDGE
RADIOTELEPHONE ACT.
Section 4(b) of the Vessel Bridge-to-Bridge Radiotelephone Act (33
U.S.C. 1203(b)), is amended by striking ``United States inside the
lines established pursuant to section 2 of the Act of February 19, 1895
(28 Stat. 672), as amended.'' and inserting ``United States, which
includes all waters of the territorial sea of the United States as
described in Presidential Proclamation 5928 of December 27, 1988.''.
SEC. 303. ICEBREAKING SERVICES.
The Commandant of the Coast Guard shall not plan, implement or
finalize any regulation or take any other action which would result in
the decommissioning of any WYTL-class harbor tugs unless and until the
Commandant certifies in writing to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House, that sufficient replacement assets
have been procured by the Coast Guard to remediate any degradation in
current icebreaking services that would be caused by such
decommissioning.
SEC. 304. MODIFICATION OF VARIOUS REPORTING REQUIREMENTS.
(a) Termination of Oil Spill Liability Trust Fund Annual Report.--
(1) In general.--The report regarding the Oil Spill
Liability Trust Fund required by the Conference Report (House
Report 101-892) accompanying the Department of Transportation
and Related Agencies Appropriations Act, 1991, as that
requirement was amended by section 1122 of the Federal Reports
Elimination and Sunset Act of 1995 (26 U.S.C. 9509 note), shall
no longer be submitted to the Congress.
(2) Repeal.--Section 1122 of the Federal Reports
Elimination and Sunset Act of 1995 (26 U.S.C. 9509 note) is
amended by--
(A) striking subsection (a); and
(B) striking ``(b) Report on Joint Federal and
State Motor Fuel Tax Compliance Project.--''.
(b) Preservation of Certain Reporting Requirements.--Section
3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995
(31 U.S.C. 1113 note) does not apply to any report required to be
submitted under any of the following provisions of law:
(1) Coast guard operations and expenditures.--Section 651
of title 14, United States Code.
(2) Summary of marine casualties reported during prior
fiscal year.--Section 6307(c) of title 46, United States Code.
(3) User fee activities and amounts.--Section 664 of title
46, United States Code.
(4) Conditions of public ports of the united states.--
Section 308(c) of title 49, United States Code.
(5) Activities of federal maritime commission.--Section 208
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1118).
(6) Activities of interagency coordinating committee on oil
pollution research.--Section 7001(e) of the Oil Pollution Act
of 1990 (33 U.S.C. 2761(e)).
SEC. 305. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND ADVANCEMENT
AUTHORITY.
Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C.
2752(b)) is amended after the first sentence by inserting ``To the
extent that such amount is not adequate for removal of a discharge or
the mitigation or prevention of a substantial threat of a discharge,
the Coast Guard may obtain an advance from the Fund such sums as may be
necessary, up to a maximum of $100,000,000, and within 30 days shall
notify Congress of the amount advanced and the facts and circumstances
necessitating the advance. Amounts advanced shall be repaid to the Fund
when, and to the extent that removal costs are recovered by the Coast
Guard from responsible parties for the discharge or substantial threat
of discharge.''.
SEC. 306. MERCHANT MARINER DOCUMENTATION REQUIREMENTS.
(a) Interim Merchant Mariners' Documents.--Section 7302 of title
46, United States Code, is amended--
(1) by striking ``A'' in subsection (f) and inserting
``Except as provided in subsection (g), a''; and
(2) by adding at the end the following:
``(g)(1) The Secretary may, pending receipt and review of
information required under subsections (c) and (d), immediately issue
an interim merchant mariner's document valid for a period not to exceed
120 days, to--
``(A) an individual to be employed as gaming personnel,
entertainment personnel, wait staff, or other service personnel
on board a passenger vessel not engaged in foreign service,
with no duties, including emergency duties, related to the
navigation of the vessel or the safety of the vessel, its crew,
cargo or passengers; or
``(B) an individual seeking renewal of, or qualifying for a
supplemental endorsement to, a valid merchant mariner's
document issued under this section.
``(2) No more than one interim document may be issued to an
individual under paragraph (1)(A) of this subsection.''.
(b) Exception.--Section 8701(a) of title 46, United States Code, is
amended--
(1) by striking ``and'' after the semicolon in paragraph
(8);
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following:
``(9) a passenger vessel not engaged in a foreign voyage
with respect to individuals on board employed for a period of
not more than 30 service days within a 12 month period as
entertainment personnel, with no duties, including emergency
duties, related to the navigation of the vessel or the safety
of the vessel, its crew, cargo or passengers; and''.
SEC. 307. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING WITH SAFE
OPERATION.
Section 2302(a) of title 46, United States Code, is amended by
striking ``$1,000.'' and inserting ``$5,000 in the case of a
recreational vessel, or $25,000 in the case of any other vessel.''.
SEC. 308. FISHING VESSEL SAFETY TRAINING.
(a) In General.--The Commandant of the Coast Guard may provide
support, with or without reimbursement, to an entity engaged in fishing
vessel safety training including--
(1) assistance in developing training curricula;
(2) use of Coast Guard personnel, including active duty
members, members of the Coast Guard Reserve, and members of the
Coast Guard Auxiliary, as temporary or adjunct instructors;
(3) sharing of appropriate Coast Guard informational and
safety publications; and
(4) participation on applicable fishing vessel safety
training advisory panels.
(b) No Interference with Other Functions.--In providing support
under subsection (a), the Commandant shall ensure that the support does
not interfere with any Coast Guard function or operation.
SEC. 309. EXTEND TIME FOR RECREATIONAL VESSEL AND ASSOCIATED EQUIPMENT
RECALLS.
Section 4310(c)(2) of title 46, United States Code, is amended in
subparagraphs (A) and (B) by striking ``5'' wherever it appears and
inserting ``10'' in its place.
SEC. 310. SAFETY EQUIPMENT REQUIREMENT.
The Commandant of the Coast Guard shall ensure that all Coast Guard
personnel are equipped with adequate safety equipment, including
survival suits where appropriate, while performing search and rescue
missions.
SEC. 311. MARINE CASUALTY INVESTIGATIONS INVOLVING FOREIGN VESSELS.
Section 6101 of title 46, Unit
2000
ed 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.''.
TITLE IV--RENEWAL OF ADVISORY GROUPS
SEC. 401. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE.
(a) Commercial Fishing Industry Vessel Advisory Committee.--Section
4508 of title 46, United States Code, is amended--
(1) by inserting ``Safety'' in the heading after
``Vessel'';
(2) by inserting ``Safety'' in subsection (a) after
``Vessel'';
(3) by striking ``(5 U.S.C App. 1 et seq.)'' in subsection
(e)(1) and inserting ``(5 U.S.C. App.)''; and
(4) by striking ``September 30, 2000'' and inserting
``September 30, 2005''.
(b) Conforming Amendment.--The chapter analysis for chapter 45 of
title 46, United States Code, is amended by striking the item relating
to section 4508 and inserting the following:
``4508. Commercial Fishing Industry Vessel Safety Advisory
Committee.''.
SEC. 402. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.
Section 18(h) of the Coast Guard Authorization Act of 1991 (Public
Law 102-241) is amended by striking ``September 30, 2000.'' and
inserting ``September 30, 2005.''.
SEC. 403. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.
Section 19 of the Coast Guard Authorization Act of 1991 (Public Law
102-241) is amended by striking ``September 30, 2000'' in subsection
(g) and inserting ``September 30, 2005''.
SEC. 404. NAVIGATION SAFETY ADVISORY COUNCIL.
Section 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C.
2073) is amended by striking ``September 30, 2000'' in subsection (d)
and inserting ``September 30, 2005''.
SEC. 405. NATIONAL BOATING SAFETY ADVISORY COUNCIL.
Section 13110 of title 46, United States Code, is amended by
striking ``September 30, 2000'' in subsection (e) and inserting
``September 30, 2005''.
SEC. 406. TOWING SAFETY ADVISORY COMMITTEE.
The Act entitled ``An Act to Establish a Towing Safety Advisory
Committee in the Department of Transportation'' (33 U.S.C. 1231a) is
amended by striking ``September 30, 2000.'' in subsection (e) and
inserting ``September 30, 2005.''.
SEC. 407. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.
Section 9307 of title 46, United States Code, is amended--
(1) by inserting ``an association within'' after
``President of'' in subsection (b)(2)(A); and
(2) by striking the last sentence of subsection (c)(2).
TITLE V--MISCELLANEOUS
SEC. 501. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, MAINE.
(a) Authority To Convey.--
(1) In general.--The Administrator of General Services may
convey to the Gulf of Maine Aquarium Development Corporation,
its successors and assigns, without payment for consideration,
all right, title, and interest of the United States in and to
approximately 4.13 acres of land, including a pier and
bulkhead, known as the Naval Reserve Pier property, together
with any improvements thereon in their then current condition,
located in Portland, Maine. All conditions placed with the deed
of title shall be construed as covenants running with the land.
(2) Identification of property.--The Administrator, in
consultation with the Commandant of the Coast Guard, may
identify, describe, and determine the property to be conveyed
under this section. The floating docks associated with or
attached to the Naval Reserve Pier property shall remain the personal
property of the United States.
(b) Lease to the United States.--
(1) Condition of conveyance.--The Naval Reserve Pier
property shall not be conveyed until the Corporation enters
into a lease agreement with the United States, the terms of
which are mutually satisfactory to the Commandant and the
Corporation, in which the Corporation shall lease a portion of
the Naval Reserve Pier property to the United States for a term
of 30 years without payment of consideration. The lease
agreement shall be executed within 12 months after the date of
enactment of this Act.
(2) Identification of leased premises.--The Administrator,
in consultation with the Commandant, may identify and describe
the leased premises and rights of access, including the
following, in order to allow the Coast Guard to operate and
perform missions from and upon the leased premises:
(A) The right of ingress and egress over the Naval
Reserve Pier property, including the pier and bulkhead,
at any time, without notice, for purposes of access to
Coast Guard vessels and performance of Coast Guard
missions and other mission-related activities.
(B) The right to berth Coast Guard cutters or other
vessels as required, in the moorings along the east
side of the Naval Reserve Pier property, and the right
to attach floating docks which shall be owned and
maintained at the United States' sole cost and expense.
(C) The right to operate, maintain, remove,
relocate, or replace an aid to navigation located upon,
or to install any aid to navigation upon, the Naval
Reserve Pier property as the Coast Guard, in its sole
discretion, may determine is needed for navigational
purposes.
(D) The right to occupy up to 3,000 gross square
feet at the Naval Reserve Pier property for storage and
office space, which will be provided and constructed by
the Corporation, at the Corporation's sole cost and
expense, and which will be maintained, and utilities
and other operating expenses paid for, by the United
States at its sole cost and expense.
(E) The right to occupy up to 1,200 gross square
feet of offsite storage in a location other than the
Naval Reserve Pier property, which will be provided by
the Corporation at the Corporation's sole cost and
expense, and which will be maintained, and utilities
and other operating expenses paid for, by the United
States at its sole cost and expense.
(F) The right for Coast Guard personnel to park up
to 60 vehicles, at no expense to the government, in the
Corporation's parking spaces on the Naval Reserve Pier
property or in parking spaces that the Corporation may
secure within 1,000 feet of the Naval Reserve Pier
property or within 1,000 feet of the Coast Guard Marine
Safety Office Portland. Spaces for no less than 30
vehicles shall be located on the Naval Reserve Pier
property.
(3) Renewal.--The lease described in paragraph (1) may be
renewed, at the sole option of the United States, for
additional lease terms.
(4) Limitation on subleases.--The United States may not
sublease the leased premises to a third party or use the leased
premises for purposes other than fulfilling the missions o
2000
f the
Coast Guard and for other mission related activities.
(5) Termination.--In the event that the Coast Guard ceases
to use the leased premises, the Administrator, in consultation
with the Commandant, may terminate the lease with the
Corporation.
(c) Improvement of Leased Premises.--
(1) In general.--The Naval Reserve Pier property shall not
be conveyed until the Corporation enters into an agreement with
the United States, subject to the Commandant's design
specifications, project's schedule, and final project approval,
to replace the bulkhead and pier which connects to, and
provides access from, the bulkhead to the floating docks, at
the Corporation's sole cost and expense, on the east side of
the Naval Reserve Pier property within 30 months from the date
of conveyance. The agreement to improve the leased premises
shall be executed within 12 months after the date of enactment
of this Act.
(2) Further improvements.--In addition to the improvements
described in paragraph (1), the Commandant is authorized to
further improve the leased premises during the lease term, at
the United States sole cost and expense.
(d) Utility Installation and Maintenance Obligations.--
(1) Utilities.--The Naval Reserve Pier property shall not
be conveyed until the Corporation enters into an agreement with
the United States to allow the United States to operate and
maintain existing utility lines and related equipment, at the United
States sole cost and expense. At such time as the Corporation
constructs its proposed public aquarium, the Corporation shall replace
existing utility lines and related equipment and provide additional
utility lines and equipment capable of supporting a third 110-foot
Coast Guard cutter, with comparable, new, code compliant utility lines
and equipment at the Corporation's sole cost and expense, maintain such
utility lines and related equipment from an agreed upon demarcation
point, and make such utility lines and equipment available for use by
the United States, provided that the United States pays for its use of
utilities at its sole cost and expense. The agreement concerning the
operation and maintenance of utility lines and equipment shall be
executed within 12 months after the date of enactment of this Act.
(2) Maintenance.--The Naval Reserve Pier property shall not
be conveyed until the Corporation enters into an agreement with
the United States to maintain, at the Corporation's sole cost
and expense, the bulkhead and pier on the east side of the
Naval Reserve Pier property. The agreement concerning the
maintenance of the bulkhead and pier shall be executed within
12 months after the date of enactment of this Act.
(3) Aids to navigation.--The United States shall be
required to maintain, at its sole cost and expense, any Coast
Guard active aid to navigation located upon the Naval Reserve
Pier property.
(e) Additional Rights.--The conveyance of the Naval Reserve Pier
property shall be made subject to conditions the Administrator or the
Commandant consider necessary to ensure that--
(1) the Corporation shall not interfere or allow
interference, in any manner, with use of the leased premises by
the United States; and
(2) the Corporation shall not interfere or allow
interference, in any manner, with any aid to navigation nor
hinder activities required for the operation and maintenance of
any aid to navigation, without the express written permission
of the head of the agency responsible for operating and
maintaining the aid to navigation.
(f) Remedies and Reversionary Interest.--The Naval Reserve Pier
property, at the option of the Administrator, shall revert to the
United States and be placed under the administrative control of the
Administrator, if, and only if, the Corporation fails to abide by any
of the terms of this section or any agreement entered into under
subsection (b), (c), or (d) of this section.
(g) Liability of the Parties.--The liability of the United States
and the Corporation for any injury, death, or damage to or loss of
property occurring on the leased property shall be determined with
reference to existing State or Federal law, as appropriate, and any
such liability may not be modified or enlarged by this Act or any
agreement of the parties.
(h) Expiration of Authority To Convey.--The authority to convey the
Naval Reserve property under this section shall expire 3 years after
the date of enactment of this Act.
(i) Definitions.--In this section:
(1) Aid to navigation.--The term ``aid to navigation''
means equipment used for navigational purposes, including but
not limited to, a light, antenna, sound signal, electronic
navigation equipment, cameras, sensors power source, or other
related equipment which are operated or maintained by the
United States.
(2) Corporation.--The term ``Corporation'' means the Gulf
of Maine Aquarium Development Corporation, its successors and
assigns.
SEC. 502. HARBOR SAFETY COMMITTEES.
(a) Study.--The Coast Guard shall study existing harbor safety
committees in the United States to identify--
(1) strategies for gaining successful cooperation among the
various groups having an interest in the local port or
waterway;
(2) organizational models that can be applied to new or
existing harbor safety committees or to prototype harbor safety
committees established under subsection (b);
(3) technological assistance that will help harbor safety
committees overcome local impediments to safety, mobility,
environmental protection, and port security; and
(4) recurring resources necessary to ensure the success of
harbor safety committees.
(b) Prototype Committees.--The Coast Guard shall test the
feasibility of expanding the harbor safety committee concept to small
and medium-sized ports that are not generally served by a harbor safety
committee by establishing 1 or more prototype harbor safety committees.
In selecting a location or locations for the establishment of a
prototype harbor safety committee, the Coast Guard shall--
(1) consider the results of the study conducted under
subsection (a);
(2) consider identified safety issues for a particular
port;
(3) compare the potential benefits of establishing such a
committee with the burdens the establishment of such a
committee would impose on participating agencies and
organizations;
(4) consider the anticipated level of support from
interested parties; and
(5) take into account such other factors as may be
appropriate.
(c) Effect on Existing Programs and State Law.--Nothing in this
section--
(1) limits the scope or activities of harbor safety
committees in existence on the date of enactment of this Act;
(2) precludes the establishment of new harbor safety
committees in locations not selected for the establishment of a
prototype committee under subsection (b); or
(3) preempts State law.
(d) Nonapplication of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) does not apply to harbor safety committees established
under this section or any other provision of law.
(e) Harbor Safety Committee Defined.--In this section, the term
``harbor safety committee'' means a local coordinating body--
(1) whose responsibilities include recommending actions to
improve the safety, mobility, environmental protection, and
port security of a port or waterway; and
1696
(2) the membership of which includes representatives of
government agencies, maritime labor, maritime industry
companies and organizations, environmental groups, and public
interest groups.
SEC. 503. LIMITATION OF LIABILITY OF PILOTS AT COAST GUARD VESSEL
TRAFFIC SERVICES.
(a) In General.--Chapter 23 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 2307. Limitation of liability for Coast Guard Vessel Traffic
Service pilots
``Any pilot, acting in the course and scope of his duties while at
a United States Coast Guard Vessel Traffic Service, who provides
information, advice or communication assistance shall not be liable for
damages caused by or related to such assistance unless the acts or
omissions of such pilot constitute gross negligence or willful
misconduct.''.
(b) Clerical Amendment.--The chapter analysis for chapter 23 of
title 46, United States Code, is amended by adding at the end the
following:
``2307. Limitation of liability for Coast Guard Vessel Traffic Service
pilots''.
SEC. 504. 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 U.S.C.
App. 1241k(b)(3)) is amended by striking ``Merchant Marine and
Fisheries'' and inserting ``Transportation and Infrastructure''.
(3) Section 913(b) of the International Maritime and Port Security
Act (46 U.S.C. App. 1809(b)) is amended by striking ``Merchant Marine
and Fisheries'' and inserting ``Transportation and Infrastructure''.
SEC. 505. 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, 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. 506. 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. 507. RADIO DIRECTION FINDING APPARATUS CARRIAGE REQUIREMENT.
The first sentence of section 365 of the Communications Act of 1934
(47 U.S.C. 363) is amended by striking ``operators.'' and inserting
``operators, or with radio direction-finding apparatus.''.
TITLE VI--JONES ACT WAIVERS
SEC. 601. REPEAL OF SPECIAL AUTHORITY TO REVOKE ENDORSEMENTS.
Section 503 of the Coast Guard Authorization Act of 1998 (46 U.S.C.
12106 note) is repealed.
Calendar No. 209
107th CONGRESS
1st Session
S. 951
[Report No. 107-89]
_______________________________________________________________________
A BILL
To authorize appropriations for the Coast Guard, and for other
purposes.
_______________________________________________________________________
October 31, 2001
Reported with an amendment in the nature of a substitute
0