```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1099 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  1st Session
                                H. R. 1099

_______________________________________________________________________

                                 AN ACT

 
   To make changes in laws governing Coast Guard personnel, increase 
  marine safety, renew certain groups that advise the Coast Guard on 
     safety issues, make miscellaneous improvements to Coast Guard 
            operations and policies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                     TITLE I--PERSONNEL MANAGEMENT

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

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

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

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

                     TITLE I--PERSONNEL MANAGEMENT

SEC. 101. COAST GUARD BAND DIRECTOR RANK.

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

SEC. 102. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

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

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

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

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

                        TITLE II--MARINE SAFETY

SEC. 201. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-BRIDGE 
              RADIOTELEPHONE ACT.

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

SEC. 202. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS.

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

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

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

SEC. 204. MERCHANT MARINER DOCUMENTATION REQUIREMENTS.

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

SEC. 205. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING WITH SAFE 
              OPERATION.

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

                 TITLE III--RENEWAL OF ADVISORY GROUPS

SEC. 301. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE.

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

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

SEC. 302. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.

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

SEC. 303. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.

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

SEC. 304. NAVIGATION SAFETY ADVISORY COUNCIL.

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

SEC. 305. NATIONAL BOATING SAFETY ADVISORY COUNCIL.

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

SEC. 306. TOWING SAFETY ADVISORY COMMITTEE.

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

                        TITLE IV--MISCELLANEOUS

SEC. 401. PATROL CRAFT.

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

SEC. 402. CLARIFICATION OF COAST GUARD AUTHORITY TO CONTROL VESSELS IN 
              TERRITORIAL WATERS OF THE UNITED STATES.

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

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

    ``(a) Notification of Coast Guard.--Under regulations prescribed by 
the Secretary, a commercial vessel entering the territorial sea of the 
United States shall notify the Secretary not later than 24 hours before 
that entry and provide the following information regarding the vessel:
            ``(1) The name of the vessel.
            ``(2) The route and port or place of destination in the 
        United States.
            ``(3) The time of entry into the territorial sea.
            ``(4) Any information requested by the Secretary to 
        demonstrate compliance with applicable international agreements 
        to which the United States is a party.
            ``(5) If the vessel is carrying dangerous cargo, a 
        description of that cargo.
            ``(6) A description of any hazardous conditions on the 
        vessel.
            ``(7) Any other information requested by the Secretary.
    ``(b) Denial of Entry.--The Secretary may deny entry of a vessel 
into the territorial sea of the United States if--
            ``(1) the Secretary has not received notification for the 
        vessel in accordance with subsection (a); or
            ``(2) the vessel is not in compliance with any other 
        applicable law relating to marine safety, security, or 
        environmental protection.
    ``(c) Direction of Vessel.--The Secretary may direct the operation 
of any vessel in the navigable waters of the United States as necessary 
during hazardous circumstances, including the absence of a pilot 
required by State or Federal law, weather, casualty, vessel traffic, or 
the poor condition of the vessel.
    ``(d) Implementation.--The Secretary shall implement this section 
consistent with section 4(d).''.

SEC. 403. CARIBBEAN SUPPORT TENDER.

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

SEC. 404. PROHIBITION OF NEW MARITIME USER FEES.

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

SEC. 405. GREAT LAKES LIGHTHOUSES.

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

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

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

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

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

SEC. 408. HARBOR SAFETY COMMITTEES.

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

SEC. 409. MISCELLANEOUS CONVEYANCES.

    (a) Authority To Convey.--
            (1) In general.--The Secretary of Transportation may 
        convey, by an appropriate means of conveyance, all right, 
        title, and interest of the United States in and to each of the 
        following properties:
                    (A) Coast Guard Slip Point Light Station, located 
                in Clallam County, Washington, to Clallam County, 
                Washington.
                    (B) The parcel of land on which is situated the 
                Point Pinos Light, located in Monterey County, 
                California, to the city of Pacific Grove, California.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine the property to be conveyed 
        under this subsection.
            (3) Limitation.--The Secretary may not under this section 
        convey--
                    (A) any historical artifact, including any lens or 
                lantern, located on the property at or before the time 
                of the conveyance; or
                    (B) any interest in submerged land.
    (b) General Terms and Conditions.--
            (1) In general.--Each conveyance of property under this 
        section shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the terms and conditions required by 
                this section and other terms and conditions the 
                Secretary may consider appropriate, including the 
                reservation of easements and other rights on behalf of 
                the United States.
            (2) Reversionary interest.--In addition to any term or 
        condition established under this section, each conveyance of 
        property under this section shall be subject to the condition 
        that all right, title, and interest in the property shall 
        immediately revert to the United States, if--
                    (A) the property, or any part of the property--
                            (i) ceases to be available and accessible 
                        to the public, on a reasonable basis, for 
                        educational, park, recreational, cultural, 
                        historic preservation, or other similar 
                        purposes specified for the property in the 
                        terms of conveyance;
                            (ii) ceases to be maintained in a manner 
                        that is consistent with its present or future 
                        use as a site for Coast Guard aids to 
                        navigation or compliance with this Act; or
                            (iii) ceases to be maintained in a manner 
                        consistent with the conditions in paragraph (4) 
                        established by the Secretary pursuant to the 
                        National Historic Preservation Act (16 U.S.C. 
                        470 et seq.); or
                    (B) at least 30 days before that reversion, the 
                Secretary provides written notice to the owner that the 
                property is needed for national security purposes.
            (3) Maintenance of navigation functions.--Each conveyance 
        of property under this section shall be made subject to the 
        conditions that the Secretary considers to be necessary to 
        assure that--
                    (A) the lights, antennas, and associated equipment 
                located on the property conveyed, which are active aids 
                to navigation, shall continue to be operated and 
                maintained by the United States for as long as they are 
                needed for this purpose;
                    (B) the owner of the property may not interfere or 
                allow interference in any manner with aids to 
                navigation without express written permission from the 
                Commandant;
                    (C) there is reserved to the United States the 
                right to relocate, replace, or add any aid to 
                navigation or make any changes to the property conveyed 
                as may be necessary for navigational purposes;
                    (D) the United States shall have the right, at any 
                time, to enter the property without notice for the 
                purpose of operating, maintaining and inspecting aids 
                to navigation, and for the purpose of enforcing 
                compliance with this subsection; and
                    (E) the United States shall have an easement of 
                access to and across the property for the purpose of 
                maintaining the aids to navigation in use on the 
                property.
            (4) Maintenance of property.--(A) Subject to subparagraph 
        (B), the owner of a property conveyed under this section shall 
        maintain the property in a proper, substantial, and workmanlike 
        manner, and in accordance with any conditions established by 
        the conveying authority pursuant to the National Historic 
        Preservation Act (16 U.S.C. 470 et seq.), and other applicable 
        laws.
            (B) The owner of a property conveyed under this section is 
        not required to maintain any active aid to navigation equipment 
        on the property, except private aids to navigation permitted 
        under section 83 of title 14, United States Code.
    (c) Special Terms and Conditions.--The Secretary may retain all 
right, title, and interest of the United States in and to any portion 
of any parcel referred to in subsection (a)(1)(B) that the Secretary 
considers appropriate.
    (d) Definitions.--In this section:
            (1) Aids to navigation.--The term ``aids to navigation'' 
        means equipment used for navigation purposes, including a 
        light, antenna, radio, sound signal, electronic navigation 
        equipment, or other associated equipment which are operated or 
        maintained by the United States.
            (2) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.
            (3) Owner.--The term ``owner'' means, for a property 
        conveyed under this section, the person identified in 
        subsection (a)(1) of the property, and includes any successor 
        or assign of that person.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

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

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

SEC. 411. BOATING SAFETY.

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

            Passed the House of Representatives March 22, 2001.

            Attest:

                                                                 Clerk.
107th CONGRESS

  1st Session

                               H. R. 1099

_______________________________________________________________________

                                 AN ACT

   To make changes in laws governing Coast Guard personnel, increase 
  marine safety, renew certain groups that advise the Coast Guard on 
     safety issues, make miscellaneous improvements to Coast Guard 
            operations and policies, and for other purposes.
```