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) in the case of a program of education lead-
ing to a baccalaureate degree, laboratory expenses;
and
‘‘(4) such other expenses as deemed appropriate
by the Secretary.
‘‘(d) The amount of financial assistance provided to
a member under this section shall be prescribed by the
Secretary, but may not exceed $25,000 for any academic
year.
‘‘(e) Financial assistance may be provided to a mem-
ber under this section for up to five consecutive academic
years.
‘‘(f) A member who receives financial assistance
under this section may be ordered to active duty in the
Coast Guard Reserve by the Secretary to serve in a des-
ignated enlisted grade for such period as the Secretary
prescribes, but not more than four years, if the member—
‘‘(1) completes the academic requirements of
the program and refuses to accept an appointment
as a commissioned officer in the Coast Guard Re-
serve when offered;
‘‘(2) fails to complete the academic require-
ments of the institution of higher education involved;
or
‘‘(3) fails to maintain eligibility for an original
appointment as a commissioned officer.
‘‘(g)(1) If a member requests to be released from the
program and the request is accepted by the Secretary, or
if the member fails because of misconduct to complete the
period of active duty specified, or if the member fails to
fulfill any term or condition of the written agreement 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;