I
107TH CONGRESS
1ST SESSION
H. R. 3507
To authorize appropriations for the Coast Guard for fiscal year 2002, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 18, 2001
Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. LOBIONDO, and Ms.
BROWN of Florida) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
A BILL
To authorize appropriations for the Coast Guard for fiscal
year 2002, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Author-
ization Act for Fiscal Year 2002’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR THE COAST
GUARD
Sec. 101. Short title.
Sec. 102. Authorization of appropriations.
Sec. 103. Authorized levels of military strength and training.
TITLE II—MARITIME POLICY IMPROVEMENT
Sec. 201. Short title.
Sec. 202. Vessel COASTAL VENTURE.
Sec. 203. Expansion of American Merchant Marine Memorial Wall of Honor.
Sec. 204. Discharge of agricultural cargo residue.
Sec. 205. Recording and discharging maritime liens.
Sec. 206. Tonnage of R/V DAVIDSON.
Sec. 207. Miscellaneous certificates of documentation.
Sec. 208. Exemption for Victory Ships.
Sec. 209. Certificate of documentation for 3 barges.
Sec. 210. Certificate of documentation for the EAGLE.
Sec. 211. Waiver for vessels in New World Challenge Race.
Sec. 212. Vessel ASPHALT COMMANDER.
TITLE III—COAST GUARD PERSONNEL AND MARINE SAFETY
Sec. 301. Short title.
SUBTITLE A—PERSONNEL MANAGEMENT
Sec. 311. Coast Guard band director rank.
Sec. 312. Compensatory absence for isolated duty.
Sec. 313. Accelerated promotion of certain Coast Guard officers.
SUBTITLE B—MARINE SAFETY
Sec. 321. Extension of Territorial Sea for Vessel Bridge-to-Bridge Radio-
telephone Act.
Sec. 322. Preservation of certain reporting requirements.
Sec. 323. Oil Spill Liability Trust Fund; emergency fund advancement author-
ity.
Sec. 324. Merchant mariner documentation requirements.
Sec. 325. Penalties for negligent operations and interfering with safe operation.
SUBTITLE C—RENEWAL OF ADVISORY GROUPS
Sec. 331. Commercial Fishing Industry Vessel Advisory Committee.
Sec. 332. Houston-Galveston Navigation Safety Advisory Committee.
Sec. 333. Lower Mississippi River Waterway Advisory Committee.
Sec. 334. Navigation Safety Advisory Council.
Sec. 335. National Boating Safety Advisory Council.
Sec. 336. Towing Safety Advisory Committee.
SUBTITLE D—MISCELLANEOUS
Sec. 341. Patrol craft.
Sec. 342. Clarification of Coast Guard authority to control vessels in territorial
waters of the United States.
Sec. 343. Caribbean support tender.
Sec. 344. Prohibition of new maritime user fees.
Sec. 345. Great Lakes lighthouses.
Sec. 346. Modernization of National Distress and Response System.
Sec. 347. Conveyance of Coast Guard property in Portland, Maine.
Sec. 348. Harbor safety committees.
Sec. 349. Miscellaneous conveyances.
Sec. 350. Boating safety.
TITLE IV—OMNIBUS MARITIME IMPROVEMENTS
Sec. 401. Short title.
Sec. 402. Extension of Coast Guard housing authorities.
Sec. 403. Inventory of vessels for cable laying, maintenance, and repair.
Sec. 404. Vessel escort operations and towing assistance.
Sec. 405. Search and rescue center standards.
Sec. 406. VHF communications services.
Sec. 407. Lower Columbia River maritime fire and safety activities.
Sec. 408. Conforming references to the former Merchant Marine and Fisheries
Committee.
Sec. 409. Restriction on vessel documentation.
Sec. 410. Hypothermia protective clothing requirement.
Sec. 411. Reserve officer promotions.
Sec. 412. Regular lieutenant commanders and commanders; continuation upon
failure of selection for promotion.
Sec. 413. Reserve student pre-commissioning assistance program.
Sec. 414. Continuation on active duty beyond thirty years.
Sec. 415. Payment of death gratuities on behalf of Coast Guard auxiliarists.
Sec. 416. Align Coast Guard severance pay and revocation of commission au-
thority with Department of Defense authority.
Sec. 417. Long-term lease authority for lighthouse property.
Sec. 418. Maritime Drug Law Enforcement Act amendments.
Sec. 419. Wing-in-ground craft.
Sec. 420. Electronic filing of commercial instruments for vessels.
Sec. 421. Deletion of thumbprint requirement for merchant mariners’ docu-
ments.
Sec. 422. Temporary certificates of documentation for recreational vessels.
Sec. 423. Marine casualty investigations involving foreign vessels.
Sec. 424. Conveyance of Coast Guard property in Hampton Township, Michi-
gan.
Sec. 425. Conveyance of property in Traverse City, Michigan.
Sec. 426. Annual report on Coast Guard capabilities and readiness to fulfill na-
tional defense responsibilities.
Sec. 427. Extension of authorization for oil spill recovery institute.
Sec. 428. Miscellaneous certificates of documentation.
Sec. 429. Icebreaking services.
Sec. 430. Fishing vessel safety training.
Sec. 431. Limitation on liability of pilots at Coast Guard Vessel Traffic Serv-
ices.
Sec. 432. Assistance for marine safety station on Chicago lakefront.
Sec. 433. Tonnage measurement for purposes of eligibility of certain vessels for
fishery endorsement.
Sec. 434. Extension of time for recreational vessel and associated equipment re-
calls.
TITLE 
I—AUTHORIZATION 
OF
APPROPRIATIONS 
FOR 
THE
COAST GUARD
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Coast Guard Author-
ization Act of 2001’’.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal
year 2002 for necessary expenses of the Coast Guard, as
follows:
(1) For the operation and maintenance of the
Coast Guard, $4,205,838,000, of which—
(A) $25,000,000 is authorized to be de-
rived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990;
(B) $5,500,000 is authorized to be avail-
able for the commercial fishing vessel safety
program; and
(C) $623,000,000 is authorized to be avail-
able for domestic maritime homeland security.
(2) For the acquisition, construction, rebuild-
ing, and improvement of aids to navigation, shore
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto, $717,823,000, of
which—
(A) $20,000,000 is authorized to be de-
rived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990;
(B) $58,500,000 is authorized to be avail-
able for domestic maritime homeland security
vessels and detection equipment; and
(C) $338,000,000 is authorized to be avail-
able to implement the Coast Guard’s Integrated
Deepwater System.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors
directly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
fense readiness, $21,722,000, to remain available
until expended, of which $3,500,000 is authorized to
be derived each fiscal year from the Oil Spill Liabil-
ity Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Ben-
efit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of
title 10, United States Code, $876,346,000.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting
obstructions to navigation, and for personnel and
administrative costs associated with the Bridge Al-
teration Program, $15,466,000, to remain available
until expended, of which $1,750,000 may be avail-
able for a new Chelsea Street bridge in Boston, Mas-
sachusetts.
(6) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and
equipment associated with operations and mainte-
nance), $16,927,000, to remain available until ex-
pended.
SEC. 103. AUTHORIZED LEVELS OF MILITARY STRENGTH
AND TRAINING.
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is
authorized an end-of-year strength for active duty per-
sonnel of 44,000 as of September 30, 2002.
(b) MILITARY TRAINING STUDENT LOADS.—The
Coast Guard is authorized average military training stu-
dent loads as follows:
(1) For recruit and special training for fiscal
year 2002, 1,500 student years.
(2) For flight training for fiscal year 2002, 125
student years.
(3) For professional training in military and ci-
vilian institutions for fiscal year 2002, 300 student
years.
(4) For officer acquisition for fiscal year 2002,
1,000 student years.
TITLE II—MARITIME POLICY
IMPROVEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Maritime Policy Im-
provement Act of 2001’’.
SEC. 202. VESSEL COASTAL VENTURE.
Section 1120(g) of the Coast Guard Authorization
Act of 1996 (Public Law 104–324; 110 Stat. 3978) is
amended by inserting ‘‘COASTAL VENTURE (United
States official number 971086),’’ after ‘‘vessels’’.
SEC. 203. EXPANSION OF AMERICAN MERCHANT MARINE
MEMORIAL WALL OF HONOR.
(a) FINDINGS.—The Congress finds that—
(1) the United States Merchant Marine has
served the people of the United States in all wars
since 1775;
(2) the United States Merchant Marine served
as the Nation’s first navy and defeated the British
Navy to help gain the Nation’s independence;
(3) the United States Merchant Marine kept
the lifeline of freedom open to the allies of the
United States during the Second World War, mak-
ing one of the most significant contributions made
by any nation to the victory of the allies in that war;
(4) President Franklin D. Roosevelt and many
military leaders praised the role of the United States
Merchant Marine as the ‘‘Fourth Arm of Defense’’
during the Second World War;
(5) more than 250,000 men and women served
in the United States Merchant Marine during the
Second World War;
(6) during the Second World War, members of
the United States Merchant Marine faced dangers
from the elements and from submarines, mines,
armed raiders, destroyers, aircraft, and ‘‘kamikaze’’
pilots;
(7) during the Second World War, at least
6,830 members of the United States Merchant Ma-
rine were killed at sea;
(8) during the Second World War, 11,000
members of the United States Merchant Marine
were wounded, at least 1,100 of whom later died
from their wounds;
(9) during the Second World War, 604 mem-
bers of the United States Merchant Marine were
taken prisoner;
(10) 1 in 32 members of the United States
Merchant Marine serving in the Second World War
died in the line of duty, suffering a higher percent-
age of war-related deaths than any of the other
armed services of the United States; and
(11) the United States Merchant Marine con-
tinues to serve the United States, promoting free-
dom and meeting the high ideals of its former mem-
bers.
(b) GRANTS TO CONSTRUCT ADDITION TO AMER-
ICAN
MERCHANT
MARINE
MEMORIAL
WALL
OF
HONOR.—
(1) IN GENERAL.—The Secretary of Transpor-
tation may make grants to the American Merchant
Marine Veterans Memorial Committee, Inc., to con-
struct an addition to the American Merchant Marine
Memorial Wall of Honor located at the Los Angeles
Maritime Museum in San Pedro, California.
(2) FEDERAL SHARE.—The Federal share of
the cost of activities carried out with a grant made
under this section shall be 50 percent.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this section $500,000 for fiscal year 2002.
SEC. 204. DISCHARGE OF AGRICULTURAL CARGO RESIDUE.
Notwithstanding any other provision of law, the dis-
charge from a vessel of any agricultural cargo residue ma-
terial in the form of hold washings shall be governed exclu-
sively by the provisions of the Act to Prevent Pollution
from Ships (33 U.S.C. 1901 et seq.) that implement
Annex V to the International Convention for the Preven-
tion of Pollution from Ships.
SEC. 205. RECORDING AND DISCHARGING NOTICES OF
CLAIM OF MARITIME LIEN.
(a) LIENS ON ANY DOCUMENTED VESSEL.—
(1) IN GENERAL.—Section 31343 of title 46,
United States Code, is amended as follows:
(A) By amending the section heading to
read as follows:
‘‘§ 31343. Recording and discharging notices of claim
of maritime lien’’.
(B) In subsection (a) by striking ‘‘covered
by a preferred mortgage filed or recorded under
this chapter’’ and inserting ‘‘documented, or for
which an application for documentation has
been filed, under chapter 121’’.
(C) By amending subsection (b) to read as
follows:
‘‘(b)(1) The Secretary shall record a notice complying
with subsection (a) of this section if, when the notice is
presented to the Secretary for recording, the person hav-
ing the claim files with the notice a declaration stating
the following:
‘‘(A) The information in the notice is true and
correct to the best of the knowledge, information,
and belief of the individual who signed it.
‘‘(B) A copy of the notice, as presented for rec-
ordation, has been sent to each of the following:
‘‘(i) The owner of the vessel.
‘‘(ii) Each person that recorded under sec-
tion 31343(a) of this title an unexpired notice
of a claim of an undischarged lien on the vessel.
‘‘(iii) The mortgagee of each mortgage
filed or recorded under section 31321 of this
title that is an undischarged mortgage on the
vessel.
‘‘(2) A declaration under this subsection filed by a
person that is not an individual must be signed by the
president, member, partner, trustee, or other individual
authorized to execute the declaration on behalf of the per-
son.’’.
(D) By amending subsection (c) to read as
follows:
‘‘(c)(1) On full and final discharge of the indebted-
ness that is the basis for a notice of claim of lien recorded
under subsection (b) of this section, the person having the
claim shall provide the Secretary with an acknowledged
certificate of discharge of the indebtedness. The Secretary
shall record the certificate.
‘‘(2) The district courts of the United States shall
have jurisdiction over a civil action to declare that a vessel
is not subject to a lien claimed under subsection (b) of
this section, or that the vessel is not subject to the notice
of claim of lien, or both, regardless of the amount in con-
troversy or the citizenship of the parties. Venue in such
an action shall be in the district where the vessel is found,
or where the claimant resides, or where the notice of claim
of lien is recorded. The court may award costs and attor-
neys fees to the prevailing party, unless the court finds
that the position of the other party was substantially justi-
fied or other circumstances make an award of costs and
attorneys fees unjust. The Secretary shall record any such
declaratory order.’’.
(E) By adding at the end the following:
‘‘(e) A notice of claim of lien recorded under sub-
section (b) of this section shall expire 3 years after the
date the lien was established, as such date is stated in
the notice under subsection (a) of this section.
‘‘(f) This section does not alter in any respect the
law pertaining to the establishment of a maritime lien, the
remedy provided by such a lien, or the defenses thereto,
including any defense under the doctrine of laches.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 313 of title 46,
United States Code, is amended by striking the item
relating to section 31343 and inserting the fol-
lowing:
‘‘31343. Recording and discharging notices of claim of maritime lien.’’.
(b) NOTICE REQUIREMENTS.—Section 31325 of title
46, United States Code, is amended as follows:
(1) In subsection (d)(1)(B) by striking ‘‘a no-
tice of a claim’’ and inserting ‘‘an unexpired notice
of a claim’’.
(2) In subsection (f)(1) by striking ‘‘a notice of
a claim’’ and inserting ‘‘an unexpired notice of a
claim’’.
(c) APPROVAL
OF SURRENDER
OF DOCUMENTA-
TION.—Section 12111 of title 46, United States Code, is
amended by adding at the end the following:
‘‘(d)(1) The Secretary shall not refuse to approve the
surrender of the certificate of documentation for a vessel
solely on the basis that a notice of a claim of a lien on
the vessel has been recorded under section 31343(a) of
this title.
‘‘(2) The Secretary may condition approval of the
surrender of the certificate of documentation for a vessel
over 1,000 gross tons.’’.
(d) TECHNICAL CORRECTION.—Section 9(c) of the
Shipping Act, 1916 (46 App. U.S.C. 808(c)) is amended
in the matter preceding paragraph (1) by striking ‘‘Ex-
cept’’ and all that follows ‘‘12106(e) of title 46,’’ and in-
serting ‘‘Except as provided in section 611 of the Mer-
chant Marine Act, 1936 (46 App. U.S.C. 1181) and in
section 12106(e) of title 46,’’.
(e) EFFECTIVE DATE.—This section shall take effect
July 1, 2002.
SEC. 206. TONNAGE OF R/V DAVIDSON.
(a) IN GENERAL.—The Secretary of Transportation
shall prescribe a tonnage measurement as a small pas-
senger vessel as defined in section 2101 of title 46, United
States Code, for the vessel R/V DAVIDSON (United
States official number D1066485) for purposes of apply-
ing the optional regulatory measurement under section
14305 of that title.
(b) APPLICATION.—Subsection (a) shall apply only
when the vessel is operating in compliance with the re-
quirements of section 3301(8) of title 46, United States
Code.
SEC. 207. MISCELLANEOUS CERTIFICATES OF DOCUMENTA-
TION.
Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of
June 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C.
289), and sections 12106 and 12108 of title 46, United
States Code, the Secretary of Transportation may issue
a certificate of documentation with appropriate endorse-
ment for employment in the coastwise trade for the fol-
lowing vessels:
(1) LOOKING GLASS (United States official
number 925735).
(2) YANKEE (United States official number
1076210).
(3) LUCKY DOG of St. Petersburg, Florida
(State 
of 
Florida 
registration 
number
FLZP7569E373).
(4) ENTERPRIZE (United States official
number 1077571).
(5) M/V SANDPIPER (United States official
number 1079439).
(6) FRITHA (United States official number
1085943).
(7) PUFFIN (United States official number
697029).
(8) VICTORY OF BURNHAM (United States
official number 663780).
(9) R’ADVENTURE II (United States official
number 905373).
(10) ANTJA (State of Florida registration
number FL3475MA).
(11) SKIMMER, manufactured by Contour
Yachts, 
Inc. 
(hull 
identification 
number
QHG34031D001).
(12) TOKEENA (State of South Carolina reg-
istration number SC 1602 BJ).
(13) DOUBLE EAGLE2 (United States offi-
cial number 1042549).
(14) ENCOUNTER (United States official
number 998174).
(15) 
AJ 
(United 
States 
official 
number
599164).
(16) BARGE 10 (United States official number
1101368).
(17) NOT A SHOT (United States official
number 911064).
(18) PRIDE OF MANY (Canadian official
number 811529).
(19) AMAZING GRACE (United States official
number 92769).
(20) SHEWHO (United States official number
1104094).
SEC. 208. EXEMPTION FOR VICTORY SHIPS.
Section 3302(l)(1) of title 46, United States Code,
is amended by adding at the end the following:
‘‘(D) The steamship SS Red Oak Victory
(United States official number 249410), owned by
the Richmond Museum Association, located in Rich-
mond, California.
‘‘(E) The SS American Victory (United States
official number 248005), owned by Victory Ship,
Inc., of Tampa, Florida.’’.
SEC. 
209. 
CERTIFICATE 
OF 
DOCUMENTATION 
FOR 
BARGES.
(a) 
DOCUMENTATION
CERTIFICATE.—Notwith-
standing section 12106 of title 46, United States Code,
and section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), and subject to subsection (c) of this
section, the Secretary of Transportation may issue a cer-
tificate of documentation with an appropriate endorsement
for employment in the coastwise trade for each of the ves-
sels listed in subsection (b).
(b) VESSELS DESCRIBED.—The vessels referred to in
subsection (a) are the following:
(1) The former Navy deck barge JIM, having
a length of 110 feet and a width of 34 feet.
(2) The former railroad car barge HUGH, hav-
ing a length of 185 feet and a width of 34 feet.
(3) The former railroad car barge TOMMY,
having a length of 185 feet and a width of 34 feet.
(c) LIMITATION ON OPERATION.—A vessel issued a
certificate of documentation under this section may be
used only as a floating platform for launching fireworks,
including transportation of materials associated with that
use.
SEC. 210. CERTIFICATE OF DOCUMENTATION FOR THE
EAGLE.
Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), chapter 121 of title 46,
United States Code, and section 1 of the Act of May 28,
1906 (46 App. U.S.C. 292), the Secretary of Transpor-
tation shall issue a certificate of documentation with ap-
propriate endorsement for employment in the coastwise
trade for the vessel EAGLE (hull number BK–1754,
United States official number 1091389) if the vessel is—
(1) owned by a State, a political subdivision of
a State, or a public authority chartered by a State;
(2) if chartered, chartered to a State, a political
subdivision of a State, or a public authority char-
tered by a State;
(3) operated only in conjunction with—
(A) scour jet operations; or
(B) dredging services adjacent to facilities
owned by the State, political subdivision, or
public authority; and
(4) externally identified clearly as a vessel of
that State, subdivision or authority.
SEC. 211. WAIVER FOR VESSELS IN NEW WORLD CHAL-
LENGE RACE.
Notwithstanding section 8 of the Act of June 19,
1886 (46 App. U.S.C. 289), beginning on April 1, 2002,
the 10 sailboats participating in the New World Challenge
Race may transport guests, who have not contributed con-
sideration for their passage, from and around the ports
of San Francisco and San Diego, California, before and
during stops of that race. This section shall have no force
or effect beginning on the earlier of—
(1) 60 days after the last competing sailboat
reaches the end of that race in San Francisco, Cali-
fornia; or
(2) December 31, 2003.
SEC. 212. VESSEL ASPHALT COMMANDER.
Notwithstanding any other law or agreement with the
United States Government, the vessel ASPHALT COM-
MANDER (United States official number 663105) may
be transferred to or placed under a foreign registry or sold
to a person that is not a citizen of the United States and
transferred to or placed under a foreign registry.
TITLE III—COAST GUARD PER-
SONNEL 
AND 
MARITIME
SAFETY
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Coast Guard Per-
sonnel and Maritime Safety Act of 2001’’.
Subtitle A—Personnel Management
SEC. 311. COAST GUARD BAND DIRECTOR RANK.
Section 336(d) of title 14, United States Code, is
amended by striking ‘‘commander’’ and inserting ‘‘cap-
tain’’.
SEC. 312. COMPENSATORY ABSENCE FOR ISOLATED DUTY.
(a) IN GENERAL.—Section 511 of title 14, United
States Code, is amended to read as follows:
‘‘§ 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 serv-
ing at isolated duty stations of the Coast Guard when con-
ditions of duty result in confinement because of isolation
or in long periods of continuous duty.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis
for chapter 13 of title 14, United States Code, is amended
by striking the item relating to section 511 and inserting
the following:
‘‘511. Compensatory absence from duty for military personnel at isolated duty
stations.’’.
SEC. 313. ACCELERATED PROMOTION OF CERTAIN COAST
GUARD OFFICERS.
Title 14, United States Code, is amended—
(1) in section 259, by adding at the end a new
subsection (c) to read as follows:
‘‘(c)(1) After selecting the officers to be rec-
ommended for promotion, a selection board may rec-
ommend officers of particular merit, from among those of-
ficers chosen for promotion, to be placed at the top of the
list of selectees promulgated by the Secretary under sec-
tion 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 rec-
ommended 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 reten-
tion. A selection board may not make any recommendation
under this subsection before the date on which the Sec-
retary publishes a finding, based upon the results of the
survey, that implementation of this subsection will im-
prove 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 ap-
proved by the President and recommended by the
board to be placed at the top of the list of selectees
shall be placed at the top of the list of selectees in
the order of seniority on the active duty promotion
list.’’.
Subtitle B—Marine Safety
SEC. 321. EXTENSION OF TERRITORIAL SEA FOR VESSEL
BRIDGE-TO-BRIDGE RADIOTELEPHONE ACT.
Section 4(b) of the Vessel Bridge-to-Bridge Radio-
telephone 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 in-
cludes all waters of the territorial sea of the United States
as described in Presidential Proclamation 5928 of Decem-
ber 27, 1988.’’.
SEC. 322. PRESERVATION OF CERTAIN REPORTING RE-
QUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimi-
nation 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 EXPENDI-
TURES.—Section 651 of title 14, United States
Code.
(2) SUMMARY
OF
MARINE
CASUALTIES
RE-
PORTED
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 COM-
MISSION.—Section 208 of the Merchant Marine Act,
1936 (46 App. U.S.C. 1118).
(6) ACTIVITIES
OF
INTERAGENCY
COORDI-
NATING
COMMITTEE
ON
OIL
POLLUTION
RE-
SEARCH.—Section 7001(e) of the Oil Pollution Act
of 1990 (33 U.S.C. 2761(e)).
SEC. 323. OIL SPILL LIABILITY TRUST FUND; EMERGENCY
FUND ADVANCEMENT AUTHORITY.
Section 6002(b) of the Oil Pollution Act of 1990 (33
U.S.C. 2752(b)) is amended after the first sentence by
inserting ‘‘To the extent that such amount is not adequate
for removal of a discharge or the mitigation or prevention
of a substantial threat of a discharge, the Coast Guard
may obtain an advance from the Fund such sums as may
be necessary, up to a maximum of $100,000,000, and
within 30 days shall notify Congress of the amount ad-
vanced 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 dis-
charge or substantial threat of discharge.’’.
SEC. 324. MERCHANT MARINER DOCUMENTATION RE-
QUIREMENTS.
(a) INTERIM MERCHANT MARINERS’ DOCUMENTS.—
Section 7302 of title 46, United States Code, is
amended—
(1) by striking ‘‘A’’ in subsection (f) and insert-
ing ‘‘Except as provided in subsection (g), a’’; and
(2) by adding at the end the following:
‘‘(g)(1) The Secretary may, pending receipt and re-
view of information required under subsections (c) and
(d), immediately issue an interim merchant mariner’s doc-
ument 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, in-
cluding 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 quali-
fying for a supplemental endorsement to, a valid
merchant mariner’s document issued under this sec-
tion.
‘‘(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 para-
graph (10); and
(3) by inserting after paragraph (8) the fol-
lowing:
‘‘(9) a passenger vessel not engaged in a for-
eign voyage with respect to individuals on board em-
ployed for a period of not more than 30 service days
within a 12 month period as entertainment per-
sonnel, with no duties, including emergency duties,
related to the navigation of the vessel or the safety
of the vessel, its crew, cargo or passengers; and’’.
SEC. 325. PENALTIES FOR NEGLIGENT OPERATIONS AND
INTERFERING WITH SAFE OPERATION.
Section 2302(a) of title 46, United States Code, is
amended by striking ‘‘$1,000.’’ and inserting ‘‘$5,000 in
the case of a recreational vessel, or $25,000 in the case
of any other vessel.’’.
Subtitle C—Renewal of Advisory
Groups
SEC. 331. COMMERCIAL FISHING INDUSTRY VESSEL ADVI-
SORY COMMITTEE.
(a) COMMERCIAL FISHING INDUSTRY VESSEL ADVI-
SORY COMMITTEE.—Section 4508 of title 46, United
States Code, is amended—
(1) by inserting ‘‘Safety’’ in the heading after
‘‘Vessel’’;
(2) by inserting ‘‘Safety’’ in subsection (a) after
‘‘Vessel’’;
(3) by striking ‘‘(5 App. U.S.C. 1 et seq.)’’ in
subsection 
(e)(1)(I) 
and 
inserting 
‘‘(5 
App.
U.S.C.)’’; and
(4) by striking ‘‘of September 30, 2000’’ and
inserting ‘‘on September 30, 2005’’.
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 45 of title 46, United States Code, is
amended by striking the item relating to section 4508 and
inserting the following:
‘‘4508. Commercial Fishing Industry Vessel Safety Advisory Committee.’’.
SEC. 332. HOUSTON-GALVESTON NAVIGATION SAFETY AD-
VISORY COMMITTEE.
Section 18(h) of the Coast Guard Authorization Act
of 1991 (Public Law 102–241) is amended by striking
‘‘September 30, 2000.’’ and inserting ‘‘September 30,
2005.’’.
SEC. 333. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY
COMMITTEE.
Section 19 of the Coast Guard Authorization Act of
1991 (Public Law 102–241) is amended by striking ‘‘Sep-
tember 30, 2000’’ in subsection (g) and inserting ‘‘Sep-
tember 30, 2005’’.
SEC. 334. NAVIGATION SAFETY ADVISORY COUNCIL.
Section 5 of the Inland Navigational Rules Act of
1980 (33 U.S.C. 2073) is amended by striking ‘‘Sep-
tember 30, 2000’’ in subsection (d) and inserting ‘‘Sep-
tember 30, 2005’’.
SEC. 335. NATIONAL BOATING SAFETY ADVISORY COUNCIL.
Section 13110 of title 46, United States Code, is
amended by striking ‘‘September 30, 2000’’ in subsection
(e) and inserting ‘‘September 30, 2005’’.
SEC. 336. TOWING SAFETY ADVISORY COMMITTEE.
The Act entitled ‘‘An Act to Establish a Towing Safe-
ty Advisory Committee in the Department of Transpor-
tation’’ (33 U.S.C. 1231a) is amended by striking ‘‘Sep-
tember 30, 2000.’’ in subsection (e) and inserting ‘‘Sep-
tember 30, 2005.’’.
Subtitle D—Miscellaneous
SEC. 341. PATROL CRAFT.
Notwithstanding any other provision of law, the Sec-
retary of Transportation may accept, by direct transfer
without cost, for use by the Coast Guard primarily for ex-
panded drug interdiction activities required to meet na-
tional supply reduction performance goals, up to 7 PC–
170 patrol craft from the Department of Defense if it of-
fers to transfer such craft.
SEC. 342. CLARIFICATION OF COAST GUARD AUTHORITY TO
CONTROL VESSELS IN TERRITORIAL WATERS
OF THE UNITED STATES.
The Ports and Waterways Safety Act (33 U.S.C.
1221 et seq.) is amended by adding at the end the fol-
lowing:
‘‘SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DI-
RECTION OF VESSELS BY COAST GUARD.
‘‘(a) NOTIFICATION OF COAST GUARD.—Under regu-
lations prescribed by the Secretary, a commercial vessel
entering the territorial sea of the United States shall no-
tify the Secretary not later than 96 hours before that
entry and provide the following information regarding the
vessel:
‘‘(1) The name of the vessel.
‘‘(2) The route and port or place of destination
in the United States.
‘‘(3) The time of entry into the territorial sea.
‘‘(4) Any information requested by the Sec-
retary 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, secu-
rity, or environmental protection.
‘‘(c) DIRECTION OF VESSEL.—The Secretary may di-
rect the operation of any vessel in the navigable waters
of the United States as necessary during hazardous cir-
cumstances, 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 imple-
ment this section consistent with section 4(d).’’.
SEC. 343. CARIBBEAN SUPPORT TENDER.
(a) IN GENERAL.—The Coast Guard may operate
and maintain a Caribbean Support Tender (or similar type
vessel) to provide technical assistance, including law en-
forcement training, for foreign coast guards, navies, and
other maritime services.
(b) MEDICAL AND DENTAL CARE FOR CARIBBEAN
SUPPORT TENDER PERSONNEL AND DEPENDENTS.—
(1) PROVISION.—The Commandant may pro-
vide medical and dental care to foreign military Car-
ibbean Support Tender personnel and their depend-
ents accompanying them in the United States—
(A) on an outpatient basis without cost;
and
(B) on an inpatient basis if the United
States is reimbursed for the costs of providing
such care.
(2) CREDITING OF PAYMENTS.—Payments re-
ceived as reimbursement for the provision of such
care shall be credited to the appropriations against
which the charges were made for the provision of
such care.
(3) INPATIENT
CARE
WITHOUT
COST.—Not-
withstanding paragraph (1)(B), the Commandant
may provide inpatient medical and dental care in the
United States without cost to foreign military Carib-
bean Support Tender personnel and their depend-
ents accompanying them in the United States if
comparable care is made available to a comparable
number of United States military personnel in that
foreign country.
SEC. 344. PROHIBITION OF NEW MARITIME USER FEES.
Section 2110(k) of title 46, United States Code, is
amended by striking ‘‘2001’’ and inserting ‘‘2006’’.
SEC. 345. GREAT LAKES LIGHTHOUSES.
(a) FINDINGS.—The Congress finds the following:
(1) The Great Lakes are home to more than
400 lighthouses. 120 of these maritime landmarks
are in the State of Michigan.
(2) Lighthouses are an important part of Great
Lakes culture and stand as a testament to the im-
portance of shipping in the region’s political, eco-
nomic, 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 Govern-
ment and will be transferred to the General Services
Administration for disposal.
(4) Unfortunately, the Federal property dis-
posal process is confusing, complicated, and not well-
suited to disposal of historic lighthouses or to facili-
tate transfers to nonprofit organizations. This is es-
pecially troubling because, in many cases, local non-
profit historical organizations have dedicated tre-
mendous 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 Preserva-
tion has placed Michigan lighthouses on their list of
Most Endangered Historic Places.
(b) ASSISTANCE FOR GREAT LAKES LIGHTHOUSE
PRESERVATION EFFORTS.—The Secretary of Transpor-
tation, acting through the Coast Guard, shall—
(1) continue to offer advice and technical assist-
ance 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 mobi-
lize and be prepared to take appropriate action with
respect to the disposal of those properties.
SEC. 346. MODERNIZATION OF NATIONAL DISTRESS AND
RESPONSE SYSTEM.
(a) REPORT.—The Secretary of Transportation shall
prepare a status report on the modernization of the Na-
tional Distress and Response System and transmit the re-
port, 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 Rep-
resentatives.
(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 informa-
tion 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 Sys-
tem, 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 wa-
ters of the coastal and internal regions of the conti-
nental United States, Alaska, Hawaii, Guam, and
the Caribbean, and identify locations that possess di-
rection-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 direc-
tion-finding equipment, digital recording systems,
asset-tracking communications, use of commercial
VHF services, and digital selective calling services
that meet or exceed Global Maritime Distress and
Safety System requirements adopted under the
International Convention for the Safety of Life at
Sea;
(6) identify the number of VHF–FM radios
equipped with digital selective calling sold to United
States boaters;
(7) list all reported marine accidents, casualties,
and fatalities occurring in areas with existing com-
munications gaps or failures, including incidents as-
sociated with gaps in VHF–FM coverage or digital
selected calling capabilities and failures associated
with inadequate communications equipment aboard
the involved vessels during calendar years 1997 for-
ward;
(8) identify existing systems available to close
identified marine safety gaps before January 1,
2003, including expeditious receipt and response by
appropriate Coast Guard operations centers to
VHF–FM digital selective calling distress signal;
and
(9) identify actions taken to-date to implement
the recommendations of the National Transportation
Safety Board in its Report No. MAR–99–01.
SEC. 347. CONVEYANCE OF COAST GUARD PROPERTY IN
PORTLAND, MAINE.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation, or a designee of the Secretary, may convey
to the Gulf of Maine Aquarium Development Cor-
poration, its successors and assigns, without pay-
ment 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 con-
dition, 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 Sec-
retary, 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 per-
sonal 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 sat-
isfactory 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 consider-
ation. 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 Com-
mandant, may identify and describe the leased prem-
ises and rights of access, including the following, in
order to allow the Coast Guard to operate and per-
form 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 cut-
ters or other vessels as required, in the moor-
ings 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, re-
move, 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 deter-
mine 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 pro-
vided 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 Cor-
poration’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 para-
graph (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 Sec-
retary, 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 re-
place 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 enact-
ment of this Act.
(2) FURTHER IMPROVEMENTS.—In addition to
the improvements described in paragraph (1), the
Commandant may to further improve the leased
premises during the lease term, at the United States
sole cost and expense.
(d) UTILITY INSTALLATION AND MAINTENANCE OB-
LIGATIONS.—
(1) UTILITIES.—The Naval Reserve Pier prop-
erty shall not be conveyed until the Corporation en-
ters into an agreement with the United States to
allow the United States to operate and maintain ex-
isting 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 util-
ity lines and related equipment and provide addi-
tional utility lines and equipment capable of sup-
porting a third 110-foot Coast Guard cutter, with
comparable, new, code compliant utility lines and
equipment at the Corporation’s sole cost and ex-
pense, maintain such utility lines and related equip-
ment 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 oper-
ation 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 enact-
ment of this Act.
(3) AIDS TO NAVIGATION.—The United States
shall be required to maintain, at its sole cost and ex-
pense, any Coast Guard active aid to navigation lo-
cated upon the Naval Reserve Pier property.
(e) ADDITIONAL RIGHTS.—The conveyance of the
Naval Reserve Pier property shall be made subject to con-
ditions 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 naviga-
tion 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 Sec-
retary, 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 sub-
section (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 liabil-
ity may not be modified or enlarged by this title or any
agreement of the parties.
(h) EXPIRATION OF AUTHORITY TO CONVEY.—The
authority to convey the Naval Reserve property under this
section shall expire 3 years after the date of enactment
of this Act.
(i) DEFINITIONS.—In this section:
(1) AID
TO
NAVIGATION.—The term ‘‘aid to
navigation’’ means equipment used for navigational
purposes, including but not limited to, a light, an-
tenna, sound signal, electronic navigation equipment,
cameras, sensors power source, or other related
equipment which are operated or maintained by the
United States.
(2) CORPORATION.—The term ‘‘Corporation’’
means the Gulf of Maine Aquarium Development
Corporation, its successors and assigns.
SEC. 348. HARBOR SAFETY COMMITTEES.
(a) STUDY.—The Coast Guard shall study existing
harbor safety committees in the United States to
identify—
(1) strategies for gaining successful cooperation
among the various groups having an interest in the
local port or waterway;
(2) organizational models that can be applied to
new or existing harbor safety committees or to pro-
totype harbor safety committees established under
subsection (b);
(3) technological assistance that will help har-
bor 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 commit-
tees. In selecting a location or locations for the establish-
ment 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 par-
ticular port;
(3) compare the potential benefits of estab-
lishing such a committee with the burdens the estab-
lishment of such a committee would impose on par-
ticipating 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 safe-
ty 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 sub-
section (b); or
(3) preempts State law.
(d) NONAPPLICATION OF FACA.—The Federal Advi-
sory Committee Act (5 App. U.S.C.) does not apply to har-
bor 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 represent-
atives of government agencies, maritime labor, mari-
time industry companies and organizations, environ-
mental groups, and public interest groups.
SEC. 349. MISCELLANEOUS CONVEYANCES.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation may convey, by an appropriate means of con-
veyance, 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 Pin˜os Light, located in Monterey
County, California, to the city of Pacific Grove,
California.
(2) IDENTIFICATION OF PROPERTY.—The Sec-
retary 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 re-
quired by this section and other terms and con-
ditions 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 acces-
sible to the public, on a reasonable basis,
for educational, park, recreational, cul-
tural, historic preservation, or other simi-
lar purposes specified for the property in
the terms of conveyance;
(ii) ceases to be maintained in a man-
ner that is consistent with its present or
future use as a site for Coast Guard aids
to navigation or compliance with this title;
or
(iii) ceases to be maintained in a man-
ner consistent with the conditions in para-
graph (4) established by the Secretary pur-
suant to the National Historic Preserva-
tion 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
FUNC-
TIONS.—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 con-
tinue 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 no-
tice for the purpose of operating, maintaining
and inspecting aids to navigation, and for the
purpose of enforcing compliance with this sub-
section; and
(E) the United States shall have an ease-
ment of access to and across the property for
the purpose of maintaining the aids to naviga-
tion in use on the property.
(4) MAINTENANCE OF PROPERTY.—(A) Subject
to subparagraph (B), the owner of a property con-
veyed 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 Sec-
retary 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 appro-
priate.
(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 as-
sociated equipment which are operated or main-
tained by the United States.
(2) COMMANDANT.—The term ‘‘Commandant’’
means the Commandant of the Coast Guard.
(3) OWNER.—The term ‘‘owner’’ means, for a
property conveyed under this section, the person
identified in subsection (a)(1) of the property, and
includes any successor or assign of that person.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
SEC. 350. BOATING SAFETY.
(a) FEDERAL FUNDING.—Section 4(b)(3) of the Act
of August 9, 1950 (16 U.S.C. 777c(b)(3)) is amended by
striking ‘‘$82,000,000’’ and inserting ‘‘$83,000,000’’.
(b) STATE FUNDING.—Section 13102(a)(3) of title
46, United States Code, is amended by striking ‘‘general
State revenue’’ and inserting ‘‘State funds, including
amounts expended for the State’s recreational boating
safety program by a State agency, a public corporation
established under State law, or any other State instrumen-
tality, as determined by the Secretary’’.
TITLE IV—OMNIBUS MARITIME
IMPROVEMENTS
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Omnibus Maritime
and Coast Guard Improvements Act of 2001’’.
SEC. 402. EXTENSION OF COAST GUARD HOUSING AU-
THORITIES.
(a) HOUSING CONTRACTORS.—Section 681(a) of title
14, United States Code, is amended by inserting ‘‘, includ-
ing a small business concern qualified under section 8(a)
of the Small Business Act (15 U.S.C. 637(a)),’’ after ‘‘pri-
vate persons’’.
(b) BUDGET
AUTHORITY
LIMITATION.—Section
687(f) of title 14, United States Code, is amended by
striking ‘‘$20,000,000’’ and inserting ‘‘$40,000,000’’.
(c) DEMONSTRATION PROJECT.—Section 687 of title
14, United States Code, is amended by adding at the end
the following new subsection:
‘‘(g) DEMONSTRATION PROJECT AUTHORIZED.—To
promote efficiencies through the use of alternative proce-
dures for expediting new housing projects, the Secretary—
‘‘(1) may develop and implement a Demonstra-
tion Project for acquisition or construction of mili-
tary 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 Ad-
ministration’s section 8(a) program;
‘‘(3) shall, to the maximum extent possible, ac-
quire or construct such housing through contracts
with small business concerns qualified under section
8(a) of the Small Business Act (15 U.S.C. 637(a))
that have their principal place of business in the
State of Alaska; and
‘‘(4) shall report to Congress by September 1 of
each year on the progress of activities under the
Demonstration Project.’’.
(d) EXTENSION.—Section 689 of title 14, United
States Code, is amended by striking ‘‘2001’’ and inserting
‘‘2006’’.
SEC. 403. INVENTORY OF VESSELS FOR CABLE LAYING,
MAINTENANCE, AND REPAIR.
(a) INVENTORY.—The Secretary of Transportation
shall develop, maintain, and periodically update an inven-
tory of vessels that are documented under chapter 121 of
title 46, United States Code, are 200 feet or more in
length, and have the capability to lay, maintain, or repair
a submarine cable, without regard to whether a particular
vessel is classified as a cable ship or cable vessel.
(b) VESSEL INFORMATION.—For each vessel listed in
the inventory, the Secretary shall include in the
inventory—
(1) the name, length, beam, depth, and other
distinguishing characteristics of the vessel;
(2) the abilities and limitations of the vessel
with respect to the laying, maintaining, and repair-
ing of a submarine cable; and
(3) the name and address of the person to
whom inquiries regarding the vessel may be made.
(c) PUBLICATION.—The Secretary shall—
(1) not later than 60 days after the date of en-
actment of this Act, publish in the Federal Register
a current inventory developed under subsection (a);
and
(2) every six months thereafter, publish an up-
dated inventory.
SEC. 404. VESSEL ESCORT OPERATIONS AND TOWING AS-
SISTANCE.
(a) IN GENERAL.—Except in the case of a vessel in
distress, only a vessel of the United States (as that term
is defined in section 2101 of title 46, United States Code)
may perform the following vessel escort operations and
vessel towing assistance within the navigable waters of the
United States:
(1) Operation or assistance that commences or
terminates at a port or place in the United States.
(2) Operation or assistance required by United
States law or regulation.
(3) Operation provided in whole or in part for
the purpose of escorting or assisting a vessel within
or through navigation facilities owned, maintained,
or operated by the United States Government or the
approaches to such facilities, other than facilities op-
erated by the St. Lawrence Seaway Development
Corporation on the St. Lawrence River portion of
the Seaway.
(b) DEFINITIONS.—In this section—
(1) the term ‘‘towing assistance’’ means oper-
ation by an assisting vessel in direct contact with an
assisted vessel (including hull-to-hull, by towline, in-
cluding if only pretethered, or made fast to that ves-
sel by one or more lines) for purposes of exerting
force on the assisted vessel to control, or to assist
in controlling, the movement of the assisted vessel;
and
(2) the term ‘‘escort operations’’ means accom-
panying a vessel for the purpose of providing towing
or towing assistance to the vessel.
(c) PENALTY.—A person violating this section is lia-
ble to the United States Government for a civil penalty
of not more than $10,000 for each day during which the
violation occurs.
SEC. 405. SEARCH AND RESCUE CENTER STANDARDS.
(a) IN GENERAL.—Title 14, United States Code, is
amended by adding at the end of chapter 17 the following
new section:
‘‘§ 676. Search and rescue center standards
‘‘(a) The Secretary shall establish, implement, and
maintain the minimum standards necessary for the safe
operation of all Coast Guard search and rescue center fa-
cilities, including with respect to the following:
‘‘(1) The lighting, acoustics, and temperature in
the facilities.
‘‘(2) The number of individuals on a shift in
the facility assigned search and rescue responsibil-
ities (including communications), which may be ad-
justed based on seasonal workload.
‘‘(3) The length of time an individual may serve
on watch to minimize fatigue, based on the best sci-
entific information available.
‘‘(4) The scheduling of individuals having
search and rescue responsibilities to minimize fa-
tigue of the individual when on duty in the facility.
‘‘(5) The workload of each individual engaged
in search and rescue responsibilities in the facility.
‘‘(6) Stress management for the individuals as-
signed search and rescue responsibilities in the fa-
cilities.
‘‘(7) The design of equipment and facilities to
minimize fatigue and enhance search and rescue op-
erations.
‘‘(8) Any other requirements that the Secretary
believes will increase the safe operation of the search
and rescue centers.
‘‘(b) An individual on duty or watch in a Coast Guard
search and rescue center facility, including a communica-
tions center, may not work more than 12 hours in a 24-
hour period except in an emergency.’’.
(b) APPLICATION.—Section 676(b) of title 14, United
States Code (as enacted by subsection (a) of this section)
shall apply beginning on July 1, 2002.
(c) PRESCRIPTION OF STANDARDS.—The Secretary
shall prescribe the standards required under section
676(a) of title 14, United States Code, as enacted by sub-
section (a) of this section, before July 1, 2002.
(d) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 17 of title 14, United States
Code, is amended by adding at the end the following:
‘‘676. Search and rescue center standards.’’.
SEC. 406. VHF COMMUNICATIONS SERVICES.
The Secretary of Transportation may authorize a
person providing commercial VHF communications serv-
ices to place commercial VHF communications equipment
on real property under the administrative control of the
Coast Guard (including towers) subject to any terms
agreed to by the parties. The Secretary and that commer-
cial VHF communications service provider also may enter
into an agreement providing for VHF communications
services to the Coast Guard (including digital selective
calling and radio direction finding services) at a dis-
counted rate or price based on providing such access to
real property under the administrative control of the Coast
Guard. Nothing in the section shall affect the rights or
obligations of the United States under section 704(c) of
the Telecommunications Act of 1996 (47 U.S.C. 332 note)
with respect to the availability of property, or under sec-
tion 359(d) of the Communications Act of 1934 (47
U.S.C. 357(d)) with respect to charges for transmission
of distress messages.
SEC. 407. LOWER COLUMBIA RIVER MARITIME FIRE AND
SAFETY ACTIVITIES.
There is authorized to be appropriated to the Sec-
retary of Transportation not more than $987,400 for
lower Columbia River marine, fire, oil, and toxic spill re-
sponse communications, training, equipment, and program
administration activities conducted by the Maritime Fire
and Safety Association, to remain available until ex-
pended.
SEC. 408. CONFORMING REFERENCES TO THE FORMER
MERCHANT MARINE AND FISHERIES COM-
MITTEE.
(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 Fish-
eries’’ 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 Naviga-
tional Rules Act of 1977 (33 U.S.C. 1602(d)(3)) is
amended by striking ‘‘Merchant Marine and Fisheries’’
and inserting ‘‘Transportation and Infrastructure’’.
(2) Section 5004(2) of the Oil Pollution Act of 1990
(33 U.S.C. 2734(2)) is amended by striking ‘‘Merchant
Marine and Fisheries’’ and inserting ‘‘Transportation and
Infrastructure’’.
(c) LAWS CODIFIED IN TITLE 46, UNITED STATES
CODE.—(1) Section 6307 of title 46, United States Code,
is amended by striking ‘‘Merchant Marine and Fisheries’’
and inserting ‘‘Transportation and Infrastructure’’.
(2) Section 901g(b)(3) of the Merchant Marine Act,
1936 (46 App. U.S.C. 1241k(b)(3)) is amended by strik-
ing ‘‘Merchant Marine and Fisheries’’ and inserting
‘‘Transportation and Infrastructure’’.
(3) Section 913(b) of the International Maritime and
Port Security Act (46 App. U.S.C. 1809(b)) is amended
by striking ‘‘Merchant Marine and Fisheries’’ and insert-
ing ‘‘Transportation and Infrastructure’’.
SEC. 409. RESTRICTION ON VESSEL DOCUMENTATION.
Section 12108(a) of title 46, United States Code, is
amended by—
(1) amending paragraph (2) to read as follows:
‘‘(2) was built in the United States;’’;
(2) striking ‘‘and’’ at the end of paragraph (3);
(3) inserting after paragraph (3) the following:
‘‘(4) was not forfeited to the United States
Government after July 1, 2001, for a breach of the
laws of the United States; and’’; and
(4) redesignating paragraph (4) as paragraph
(5).
SEC. 410. HYPOTHERMIA PROTECTIVE CLOTHING RE-
QUIREMENT.
The Commandant of the Coast Guard shall ensure
that all Coast Guard personnel are equipped with ade-
quate safety equipment, including hypothermia protective
clothing where appropriate, while performing search and
rescue missions.
SEC. 411. RESERVE OFFICER PROMOTIONS.
(a) Section 729(i) of title 14, United States Code,
is amended by inserting ‘‘on the date a vacancy occurs,
or as soon thereafter as practicable, in the grade to which
the officer was selected for promotion, or if promotion was
determined in accordance with a running mate system,’’
after ‘‘grade’’.
(b) Section 731(b) of title 14, United States Coast
Code, is amended by striking the period at the end of the
sentence and inserting ‘‘, or in the event that promotion
is not determined in accordance with a running mate sys-
tem, then a Reserve officer becomes eligible for consider-
ation for promotion to the next higher grade at the begin-
ning of the promotion year in which he or she completes
the following amount of service computed from the date
of rank in the grade in which he or she is serving:
‘‘(1) two years in the grade of lieutenant (jun-
ior grade);
‘‘(2) three years in the grade of lieutenant;
‘‘(3) four years in the grade of lieutenant com-
mander;
‘‘(4) four years in the grade of commander; and
‘‘(5) three years in the grade of captain.’’.
(c) Section 736(a) of title 14, United States Code,
is amended by inserting ‘‘the date of rank shall be the
date of appointment in that grade, unless the promotion
was determined in accordance with a running mate sys-
tem, in which event’’ after ‘‘subchapter,’’.
SEC. 412. REGULAR LIEUTENANT COMMANDERS AND COM-
MANDERS; CONTINUATION UPON FAILURE OF
SELECTION FOR PROMOTION.
Section 285 of title 14, United States Code, is
amended—
(1) by striking ‘‘Each officer’’ and inserting
‘‘(a) Each officer’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(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 ac-
tive duty. When so directed, the selection board shall rec-
ommend 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 rec-
ommended for continuation and offered an additional term
of service that fulfills the needs of the Coast Guard.
‘‘(c)(1) An officer who holds the grade of lieutenant
commander of the Regular Coast Guard may not be con-
tinued on active duty under subsection (b) for a period
that extends beyond 24 years of active commissioned serv-
ice 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 con-
tinued on active duty under subsection (b) for a period
that extends beyond 26 years of active commissioned serv-
ice unless promoted to the grade of captain of the Regular
Coast Guard.
‘‘(2) Unless retired or discharged under another pro-
vision of law, each officer who is continued on active duty
under subsection (b) but is not subsequently promoted or
continued on active duty, and is not on a list of officers
recommended for continuation or for promotion to the
next higher grade, shall, if eligible for retirement under
any provision of law, be retired under that law on the first
day of the first month following the month in which the
period of continued service is completed.’’.
SEC. 413. RESERVE STUDENT PRE-COMMISSIONING ASSIST-
ANCE PROGRAM.
(a) IN GENERAL.—Chapter 21 of title 14, United
States Code, is amended by inserting after section 709 the
following new section:
‘‘§ 709a. Reserve student pre-commissioning assist-
ance program
‘‘(a) The Secretary may provide financial assistance
to an eligible enlisted member of the Coast Guard Reserve,
not on active duty, for expenses of the member while the
member is pursuing on a full-time basis at an institution
of higher education a program of education approved by
the Secretary that leads to—
‘‘(1) a baccalaureate degree in not more than
five academic years; or
‘‘(2) a post-baccalaureate degree.
‘‘(b)(1) To be eligible for financial assistance under
this section, an enlisted member of the Coast Guard Re-
serve must—
‘‘(A) be enrolled on a full-time basis in a pro-
gram 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 Sec-
retary in which the member agrees—
‘‘(A) to accept an appointment as a commis-
sioned officer in the Coast Guard Reserve, if ten-
dered;
‘‘(B) to serve on active duty for up to five
years; and
‘‘(C) under such terms and conditions as shall
be prescribed by the Secretary, to serve in the Coast
Guard Reserve until the eighth anniversary of the
date of the appointment.
‘‘(c) Expenses for which financial assistance may be
provided under this section are—
‘‘(1) tuition and fees charged by the institution
of higher education involved;
‘‘(2) the cost of books;
‘‘(3) 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 re-
quired to be eligible for financial assistance under this sec-
tion, 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 mem-
ber to active duty. An obligation to reimburse the United
States imposed under this paragraph is for all purposes
a debt owed to the United States.
‘‘(2) The Secretary may waive the service obligated
under subsection (f) of a member who is not physically
qualified for appointment and who is determined to be un-
qualified for service as an enlisted member of the Coast
Guard Reserve due to a physical or medical condition that
was not the result of the member’s own misconduct or
grossly negligent conduct.
‘‘(3) A discharge in bankruptcy under title 11 that
is entered less than 5 years after the termination of a writ-
ten agreement entered into under subsection (b) does not
discharge the individual signing the agreement from a
debt arising under such agreement or under paragraph
(1).
‘‘(h) As used in this section, ‘institution of higher
education’ has the meaning given that term in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001).’’.
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of chapter 21 of title 14, United States Code, is
amended by adding the following new item after the item
relating to section 709:
‘‘709a. Reserve student pre-commissioning assistance program.’’.
SEC. 414. CONTINUATION ON ACTIVE DUTY BEYOND THIR-
TY YEARS.
Section 289 of title 14, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(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, un-
less 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 sub-
section.’’.
SEC. 415. PAYMENT OF DEATH GRATUITIES ON BEHALF OF
COAST GUARD AUXILIARISTS.
Section 823a(b) of title 14, United States Code, is
amended by inserting the following new paragraph fol-
lowing paragraph (8):
‘‘(9) On or after January 1, 2001, Public Law
104–208, section 651.’’.
SEC. 416. ALIGN COAST GUARD SEVERANCE PAY AND REV-
OCATION 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 in-
serting ‘‘five’’;
(2) in section 283(b)(2)(A), by striking ‘‘sever-
ance’’ and inserting ‘‘separation’’;
(3) in section 286—
(A) by striking ‘‘severance’’ in the sec-
tion heading and inserting ‘‘separation’’; and
(B) by striking subsection (b) and insert-
ing 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 com-
puted 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 com-
pleted 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 offi-
cer discharged under chapter 11 of this title for twice fail-
ing 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 sec-
tion 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 enti-
tled 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 serv-
ice 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 mem-
ber 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 sec-
tion heading and inserting ‘‘separation’’;
(B) by striking subsection (a)(2) and in-
serting 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 in-
serting 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 promul-
gated by the Secretary the condition under which
the officer is discharged does not warrant an honor-
able 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 strik-
ing ‘‘three’’ and inserting ‘‘five’’ in its place; and
(2) in the item relating to section 286, by strik-
ing ‘‘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 strik-
ing ‘‘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 sub-
section (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 sec-
tions of chapter 11 of title 14, United States Code, by
paragraphs (2), (3), and (4) of subsection (b) of this sec-
tion shall take effect four years after the date of enact-
ment of this Act.
SEC. 417. LONG-TERM LEASE AUTHORITY FOR LIGHTHOUSE
PROPERTY.
(a) IN GENERAL.—Chapter 17 of title 14, United
States Code, is amended by adding at the end a new sec-
tion 672b to read as follows:
‘‘§ 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. Consider-
ation 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, re-
pair, and maintenance of the leased premises by the lessee.
Section 321 of chapter 314 of the Act of June 30, 1932
(40 U.S.C. 303b) shall not apply to leases issued by the
Commandant under this section.
‘‘(b) Amounts received from leases made under this
section, less expenses incurred, shall be deposited in the
Treasury.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 17 of title 14, United States
Code, is amended by adding after the item relating to sec-
tion 672 the following:
‘‘672b. Long-term lease authority for lighthouse property.’’.
SEC. 418. MARITIME DRUG LAW ENFORCEMENT ACT
AMENDMENTS.
(a) Section 3 of the Maritime Drug Law Enforcement
Act (46 App. U.S.C. 1903) is amended—
(1) in subsection (c)(1)(D) by striking ‘‘and’’;
(2) in subsection (c)(1)(E) by striking ‘‘United
States.’’ and inserting ‘‘United States; and’’; and
(3) by inserting after subsection (c)(1)(E) the
following:
‘‘(F) a vessel located in the contiguous zone of
the United States, as defined in Presidential Procla-
mation 7219 of September 2, 1999, and (i) is enter-
ing the United States, (ii) has departed the United
States, or (iii) is a hovering vessel as defined in 19
U.S.C. 1401(k).’’.
(b) The second section 3 of the Maritime Drug Law
Enforcement Act (46 App. U.S.C. 1904) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Any property’’;
and
(2) by adding at the end the following:
‘‘(b) Practices commonly recognized as smuggling
tactics may provide prima facie evidence of intent to use
a vessel to commit, or to facilitate the commission of, an
offense under this chapter, and may support seizure and
forfeiture of the vessel, even in the absence of controlled
substances aboard the vessel. The following indicia, inter
alia, may be considered, in the totality of the cir-
cumstances, to be prima facie evidence that a vessel is in-
tended to be used to commit, or to facilitate the commis-
sion of an offense under this chapter:
‘‘(1) The construction or adaptation of the ves-
sel 
in 
a 
manner 
that 
facilitates 
smuggling,
including—
‘‘(A) the configuration of the vessel to ride
low in the water or present a low hull profile to
avoid being detected visually or by radar;
‘‘(B) the presence of any compartment or
equipment which is built or fitted out for smug-
gling, not including items such as a safe or
lock-box reasonably used for the storage of per-
sonal valuables;
‘‘(C) the presence of an auxiliary tank not
installed in accordance with applicable law, or
installed in such a manner as to enhance the
vessel’s smuggling capability;
‘‘(D) the presence of engines that are ex-
cessively over-powered in relation to the design
and size of the vessel;
‘‘(E) the presence of materials used to re-
duce or alter the heat or radar signature of the
vessel and avoid detection;
‘‘(F) the presence of a camouflaging paint
scheme, or of materials used to camouflage the
vessel, to avoid detection; or
‘‘(G) the display of false vessel registration
numbers, false indicia of vessel nationality, false
vessel name, or false vessel homeport.
‘‘(2) The presence or absence of equipment,
personnel, or cargo inconsistent with the type or de-
clared purpose of the vessel.
‘‘(3) The presence of excessive fuel, lube oil,
food, water, or spare parts, inconsistent with legiti-
mate vessel operation, inconsistent with the con-
struction or equipment of the vessel, or inconsistent
with the character of the vessel’s stated purpose.
‘‘(4) The operation of the vessel without lights
during times lights are required to be displayed
under applicable law or regulation, and in a manner
of navigation consistent with smuggling tactics used
to avoid detection by law enforcement authorities.
‘‘(5) The failure of the vessel to stop or respond
or heave to when hailed by government authority, es-
pecially where the vessel conducts evasive maneu-
vering when hailed.
‘‘(6) The declaration to government authority of
apparently false information about the vessel, crew,
or voyage, or the failure to identify the vessel by
name or country of registration when requested to
do so by government authority.
‘‘(7) The presence of controlled substance res-
idue on the vessel, on an item aboard the vessel, or
on a person aboard the vessel, of a quantity or other
nature which reasonably indicates manufacturing or
distribution activity.
‘‘(8) The use of petroleum products or other
substances on the vessel to foil the detection of con-
trolled substance residue.
‘‘(9) The presence of a controlled substance in
the water in the vicinity of the vessel, where given
the currents, weather conditions, and course and
speed of the vessel, the quantity or other nature is
such that it reasonably indicates manufacturing or
distribution activity.’’.
SEC. 419. WING-IN-GROUND CRAFT.
(a) Section 2101(35) of title 46, United States Code,
is amended by inserting ‘‘a wing-in-ground craft, regard-
less of tonnage, carrying at least one passenger for hire,
and’’ after the phrase ‘‘ ‘small passenger vessel’ means’’.
(b) Section 2101 of title 46, United States Code, is
amended by adding at the end the following:
‘‘(48) wing-in-ground craft means a vessel that
is capable of operating completely above the surface
of the water on a dynamic air cushion created by
aerodynamic lift due to the ground effect between
the vessel and the water’s surface.’’.
SEC. 420. ELECTRONIC FILING OF COMMERCIAL INSTRU-
MENTS FOR VESSELS.
Section 31321(a)(4) of title 46, United States Code,
is amended—
(1) by striking ‘‘(A)’’; and
(2) by striking subparagraph (B).
SEC. 421. DELETION OF THUMBPRINT REQUIREMENT FOR
MERCHANT MARINERS’ DOCUMENTS.
Section 7303 of title 46, United States Code, is
amended by striking ‘‘the thumbprint,’’.
SEC. 422. TEMPORARY CERTIFICATES OF DOCUMENTATION
FOR RECREATIONAL VESSELS.
(a) Section 12103(a) of title 46, United States Code,
is amended by inserting ‘‘, or a temporary certificate of
documentation,’’ after ‘‘certificate of documentation’’.
(b)(1) Chapter 121 of title 46, United States Code,
is amended by adding after section 12103 the following:
‘‘§ 12103a. Issuance of temporary certificate of docu-
mentation by third parties
‘‘(a) The Secretary of Transportation may delegate,
subject to the supervision and control of the Secretary and
under terms set out by regulation, to private entities de-
termined and certified by the Secretary to be qualified,
the authority to issue a temporary certificate of docu-
mentation for a recreational vessel, if the applicant for the
certificate of documentation meets the requirements set
out in sections 12102 and 12103 of this chapter.
‘‘(b) A temporary certificate of documentation issued
under section 12103(a) and subsection (a) of this section
is valid for up to 30 days from issuance.’’.
(2) The table of sections at the beginning of chapter
121 of title 46, United States Code, is amended by insert-
ing after the item relating to section 12103 the following:
‘‘12103a. Issuance of temporary certificate of documentation by third parties.’’.
SEC. 423. MARINE CASUALTY INVESTIGATIONS INVOLVING
FOREIGN VESSELS.
Section 6101 of title 46, United States Code, is
amended—
(1) by redesignating the second subsection (e)
as subsection (f); and
(2) by adding at the end the following new sub-
section:
‘‘(g) To the extent consistent with generally recog-
nized practices and procedures of international law, this
part applies to a foreign vessel involved in a marine cas-
ualty or incident, as defined in the International Maritime
Organization Code for the Investigation of Marine Casual-
ties and Incidents, where the United States is a Substan-
tially Interested State and is, or has the consent of, the
Lead Investigating State under the Code.’’.
SEC. 424. CONVEYANCE OF COAST GUARD PROPERTY IN
HAMPTON TOWNSHIP, MICHIGAN.
(a) REQUIREMENT TO CONVEY.—
(1) IN GENERAL.—Notwithstanding any other
law, the Secretary of Transportation (in this section
referred to as the ‘‘Secretary’’) shall convey to
BaySail, Inc. (a nonprofit corporation established
under the laws of the State of Michigan; in this sec-
tion referred to as ‘‘BaySail’’), without monetary
consideration, all right, title, and interest of the
United States in and to property adjacent to Coast
Guard Station Saginaw River, located in Hampton
Township, Michigan, as identified under paragraph
(2). No submerged lands may be conveyed under
this section.
(2) IDENTIFICATION OF PROPERTY.—The Sec-
retary, in consultation with the Commandant of the
Coast Guard, shall identify, describe, and determine
the property to be conveyed under this section.
(3) SURVEY.—The exact acreage and legal de-
scription of the property conveyed under paragraph
(1), as identified under paragraph (2), and any ease-
ments or rights-of-way reserved by the United States
under subsection (b), shall be determined by a sur-
vey satisfactory to the Secretary. The cost of the
survey shall be borne by BaySail.
(b) TERMS AND CONDITIONS OF CONVEYANCE.—The
conveyance of property under this section shall be made
subject to any terms and conditions the Secretary con-
siders necessary, including the reservation of easements
and other rights on behalf of the United States.
(c) REVERSIONARY INTEREST.—
(1) IN GENERAL.—During the 5-year period be-
ginning on the date the Secretary makes the convey-
ance authorized by subsection (a), the real property
conveyed pursuant to this section, at the option of
the Secretary, shall revert to the United States and
be placed under the administrative control of the
Secretary, if—
(A) BaySail sells, conveys, assigns, ex-
changes, or encumbers the property conveyed or
any part thereof;
(B) BaySail fails to maintain the property
conveyed in a manner consistent with the terms
and conditions under subsection (b);
(C) BaySail conducts any commercial ac-
tivity at the property conveyed, or any part
thereof, without approval of the Secretary; or
(D) at least 30 days before the reversion,
the Secretary provides written notice to the
owner that the property or any part thereof is
needed for national security purposes.
(2) ADDITIONAL PERIOD.—The Secretary may,
before the completion of the 5-year period described
in paragraph (1), authorize an additional 5-year pe-
riod during which paragraph (1) shall apply.
SEC. 425. CONVEYANCE OF PROPERTY IN TRAVERSE CITY,
MICHIGAN.
Section 1005(c) of the Coast Guard Authorization
Act of 1996 (110 Stat. 3957) is amended by striking ‘‘the
Traverse City Area Public School District’’ and inserting
‘‘a public or private nonprofit entity for an educational
or recreational purpose’’.
SEC. 426. ANNUAL REPORT ON COAST GUARD CAPABILI-
TIES AND READINESS TO FULFILL NATIONAL
DEFENSE RESPONSIBILITIES.
Not later than February 15 each year, the Secretary
of Transportation shall submit to the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate a report, prepared in
conjunction with the Commandant of the Coast Guard,
setting forth the capabilities and readiness of the Coast
Guard to fulfill its national defense responsibilities.
SEC. 427. EXTENSION OF AUTHORIZATION FOR OIL SPILL
RECOVERY INSTITUTE.
Section 5001(i) of the Oil Pollution Act of 1990 (33
U.S.C. 2731(i)) is amended by striking ‘‘10 years’’ and
all that follows through the end of the sentence and insert-
ing ‘‘September 30, 2012.’’.
SEC. 428. MISCELLANEOUS CERTIFICATES OF DOCUMENTA-
TION.
Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of
June 19, 1886 (46 App. U.S.C. 289), and section 12106
of title 46, United States Code, the Secretary of Transpor-
tation may issue a certificate of documentation with ap-
propriate endorsement for employment in the coastwise
trade for each of the following vessels:
(1) LAUDERDALE LADY (United States offi-
cial number 1103520).
(2) SOVEREIGN (United States official num-
ber 1028144).
(3) CALEDONIA (United States official num-
ber 679530).
SEC. 429. ICEBREAKING SERVICES.
The Commandant of the Coast Guard shall not plan,
implement, or finalize any regulation or take any other
action which would result in the decommissioning of any
WYTL-class harbor tugs unless and until the Com-
mandant certifies in writing to the Committee on Com-
merce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives, that sufficient replacement ca-
pability has been procured by the Coast Guard to reme-
diate any degradation in current icebreaking services that
would be caused by such decommissioning.
SEC. 430. FISHING VESSEL SAFETY TRAINING.
(a) IN GENERAL.—The Commandant of the Coast
Guard may provide support, with or without reimburse-
ment, to an entity engaged in fishing vessel safety training
including—
(1) assistance in developing training curricula;
(2) use of Coast Guard personnel, including ac-
tive duty members, members of the Coast Guard Re-
serve, and members of the Coast Guard Auxiliary, as
temporary or adjunct instructors;
(3) sharing of appropriate Coast Guard infor-
mational 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 Com-
mandant shall ensure that the support does not interfere
with any Coast Guard function or operation.
SEC. 431. LIMITATION ON LIABILITY OF PILOTS AT COAST
GUARD VESSEL TRAFFIC SERVICES.
(a) IN GENERAL.—Chapter 23 of title 46, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 2307. Limitation of liability for Coast Guard Vessel
Traffic Service pilots
‘‘Any pilot, acting in the course and scope of his or
her duties while at a United States Coast Guard Vessel
Traffic Service, who provides information, advice, or com-
munication assistance while under the supervision of a
Coast Guard officer, member, or employee shall not be lia-
ble for damages caused by or related to such assistance
unless the acts or omissions of such pilot constitute gross
negligence or willful misconduct.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis
for chapter 23 of title 46, United States Code, is amended
by adding at the end the following:
‘‘2307. Limitation of liability for Coast Guard Vessel Traffic Service pilots.’’.
SEC. 432. ASSISTANCE FOR MARINE SAFETY STATION ON
CHICAGO LAKEFRONT.
(a) ASSISTANCE AUTHORIZED.—The Secretary of
Transportation may use amounts authorized under this
section to provide financial assistance to the City of Chi-
cago, Illinois, to pay the Federal share of the cost of a
project to demolish the Old Coast Guard Station, located
at the north end of the inner Chicago Harbor breakwater
at the foot of Randolph Street, and to plan, engineer, de-
sign, and construct a new facility at that site for use as
a marine safety station on the Chicago lakefront.
(b) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of
the cost of a project carried out with assistance
under this section may not exceed one third of the
total cost of the project or $2,000,000, whichever is
less.
(2) NON-FEDERAL SHARE.—There shall not be
applied to the non-Federal share of a project carried
out with assistance under this section—
(A) the value of land and existing facilities
used for the project; and
(B) any costs incurred for site work per-
formed before the date of the enactment of this
Act, including costs for reconstruction of the
east breakwater wall and associated utilities.
(c) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to the other amounts authorized by this Act, for pro-
viding financial assistance under this section there is au-
thorized to be appropriated to the Secretary of Transpor-
tation $2,000,000 for fiscal year 2002, to remain available
until expended.
SEC. 433. TONNAGE MEASUREMENT FOR PURPOSES OF ELI-
GIBILITY OF CERTAIN VESSELS FOR FISHERY
ENDORSEMENT.
Section 12102(c)(5) of title 46. United States Code,
is amended by striking ‘‘of more than 750 gross registered
tons’’ and inserting ‘‘of more than 750 gross tons as meas-
ured under chapter 145 or 1900 gross tons as measured
under chapter 143’’.
SEC. 434. EXTENSION OF TIME FOR RECREATIONAL VESSEL
AND ASSOCIATED EQUIPMENT RECALLS.
Section 4310(c) of title 46, United States Code, is
amended—
(1) in paragraph (2)(A) and (B) by striking
‘‘5’’ each place it appears and inserting ‘‘10’’; and
(2) in paragraph (1)(A), (B), and (C) by insert-
ing ‘‘by first class mail or’’ before ‘‘by certified
mail’’.
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