IB
Union Calendar No. 221
107TH CONGRESS
2D SESSION
H. R. 2481
[Report No. 107–243]
To improve maritime safety and the quality of life for Coast Guard personnel,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 12, 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
OCTOBER 16, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
NOVEMBER 30, 2001
Committee of the Whole House on the State of the Union discharged, and re-
ferred to the Committee on Armed Services for a period ending not later
than February 15, 2002, for consideration of such provisions of the bill
and amendment as fall within the jurisdiction of the Committee on
Armed Services pursuant to clause 1(c), rule X
FEBRUARY 15, 2002
Referral to the Committee on Armed Services extended for a period ending
not later than March 29, 2002
MARCH 29, 2002
The Committee on Armed Services discharged; referred to the Committee of
the Whole House on the State of the Union
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[For text of introduced bill, see copy of bill as introduced on July 12, 2001]
A BILL
To improve maritime safety and the quality of life for Coast
Guard personnel, 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 ‘‘Omnibus Maritime Im-
provements Act of 2001’’.
SEC. 2. EXTENSION OF COAST GUARD HOUSING AUTHORI-
TIES.
(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:
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‘‘(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 con-
tracting authority of the Small Business Administra-
tion’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 Dem-
onstration Project.’’.
(d) EXTENSION.—Section 689 of title 14, United
States Code, is amended by striking ‘‘2001’’ and inserting
‘‘2006’’.
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SEC. 3. VESSELS FOR CABLE LAYING.
(a) REQUIREMENT.—Only eligible vessels may be used
after the date of enactment of this Act in the course of—
(1) laying a submarine cable between 2 landings
in the United States;
(2) making a shore landing of a submarine cable
in the United States;
(3) laying or burying a submarine cable on or
under the lands beneath the navigable waters of the
United States; or
(4) servicing or maintaining a submarine
cable—
(A) between 2 landings in the United
States, or
(B) on or under the lands beneath the navi-
gable waters of the United States,
if that cable is owned by, operated by, or operated for
the United States Government.
(b) DEFINITION.—For purposes of this section—
(1) the term ‘‘eligible vessel’’ means—
(A) a United States-flag vessel, if before
July 1, 2001, it was a United States-flag vessel
used in the course of any of the services specified
in paragraphs (1) through (4) of subsection (a);
or
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(B) a vessel documented under section
12105 of title 46, United States Code; and
(2) the term ‘‘navigable waters of the United
States’’ includes all waters of the territorial sea of the
United States as described in Presidential Proclama-
tion No. 5928 of December 27, 1988.
SEC. 4. VESSEL ESCORT OPERATIONS AND TOWING ASSIST-
ANCE.
(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 ves-
sel 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 Cor-
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poration 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 vessel
by one or more lines) for purposes of exerting force on
the assisted vessel to control, or to assist in control-
ling, 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 liable
to the United States Government for a civil penalty of not
more than $10,000 for each day during which the violation
occurs.
SEC. 5. SEARCH AND RESCUE CENTER STANDARDS.
(a) IN GENERAL.—Title 14, United States Code, is
amended by adding at the end of chapter 17 the following
new section:
‘‘§ 676. Search and rescue center standards
‘‘(a) The Secretary shall establish, implement, and
maintain the minimum standards necessary for the safe op-
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eration of all Coast Guard search and rescue center facili-
ties, including with respect to the following:
‘‘(1) The lighting, acoustics, and temperature in
the facilities.
‘‘(2) The number of individuals on a shift in the
facility assigned search and rescue responsibilities
(including communications), which may be adjusted
based on seasonal workload.
‘‘(3) The length of time an individual may serve
on watch to minimize fatigue, based on the best sci-
entific information available.
‘‘(4) The scheduling of individuals having search
and rescue responsibilities to minimize fatigue of the
individual when on duty in the facility.
‘‘(5) The workload of each individual engaged in
search and rescue responsibilities in the facility.
‘‘(6) Stress management for the individuals as-
signed search and rescue responsibilities in the facili-
ties.
‘‘(7) The design of equipment and facilities to
minimize fatigue and enhance search and rescue oper-
ations.
‘‘(8) Any other requirements that the Secretary
believes will increase the safe operation of the search
and rescue centers.
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‘‘(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 subsection
(a) of this section, before July 1, 2002.
(d) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 17 of title 14, United States Code,
is amended by adding at the end the following:
‘‘676. Search and rescue center standards.’’.
SEC. 6. VHF COMMUNICATIONS SERVICES.
The Secretary of Transportation may authorize a per-
son providing commercial VHF communications services to
place commercial VHF communications equipment on
Coast Guard owned or controlled property (including tow-
ers) subject to any terms agreed to by the parties. The Sec-
retary and that commercial VHF communications service
provider also may enter into an agreement providing for
VHF communications services to the Coast Guard (includ-
ing digital selective calling and radio direction finding
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services) at a discounted price based on providing such ac-
cess to property owned or controlled by the Coast Guard.
SEC. 7. LOWER COLUMBIA RIVER MARITIME FIRE AND
SAFETY ACTIVITIES.
There is authorized to be appropriated to the Secretary
of Transportation not more than $987,400 for lower Colum-
bia River marine, fire, oil, and toxic spill response commu-
nications, training, equipment, and program administra-
tion activities conducted by the Maritime Fire and Safety
Association.
SEC. 8. CONFORMING REFERENCES TO THE FORMER MER-
CHANT MARINE AND FISHERIES COMMITTEE.
(a) LAWS CODIFIED IN TITLE 14, UNITED STATES
CODE.—(1) Section 194(b)(2) of title 14, United States
Code, is amended by striking ‘‘Merchant Marine and 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
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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 Ma-
rine and Fisheries’’ and inserting ‘‘Transportation and In-
frastructure’’.
(c) LAWS CODIFIED IN TITLE 46, UNITED STATES
CODE.—(1) Section 6307 of title 46, United States Code,
is amended by striking ‘‘Merchant Marine and Fisheries’’
and inserting ‘‘Transportation and Infrastructure’’.
(2) Section 901g(b)(3) of the Merchant Marine Act,
1936 (46 App. U.S.C. 1241k(b)(3)) is amended by striking
‘‘Merchant Marine and Fisheries’’ and inserting ‘‘Trans-
portation and Infrastructure’’.
(3) Section 913(b) of the International Maritime and
Port Security Act (46 App. U.S.C. 1809(b)) is amended by
striking ‘‘Merchant Marine and Fisheries’’ and inserting
‘‘Transportation and Infrastructure’’.
SEC. 9. RESTRICTION ON VESSEL DOCUMENTATION.
Section 12108(a) of title 46, United States Code, is
amended by—
(1) amending paragraph (2) to read as follows:
‘‘(2) was built in the United States;’’;
(2) striking ‘‘and’’ at the end of paragraph (3);
(3) inserting after paragraph (3) the following:
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‘‘(4) was not forfeited to the United States Gov-
ernment after July 1, 2001, for a breach of the laws
of the United States; and’’; and
(4) redesignating paragraph (4) as paragraph
(5).
SEC. 10. HYPOTHERMIA PROTECTIVE CLOTHING REQUIRE-
MENT.
The Commandant of the Coast Guard shall ensure that
all Coast Guard personnel are equipped with adequate safe-
ty equipment, including hypothermia protective clothing
where appropriate, while performing search and rescue mis-
sions.
SEC. 11. RESERVE OFFICER PROMOTIONS.
(a) Section 729(i) of title 14, United States Code, is
amended by inserting ‘‘on the date a vacancy occurs, or
as soon thereafter as practicable, in the grade to which the
officer was selected for promotion, or if promotion was de-
termined in accordance with a running mate system,’’ after
‘‘grade’’.
(b) Section 731(b) of title 14, United States Code, is
amended by striking the period at the end of the sentence
and inserting ‘‘, or in the event that promotion is not deter-
mined in accordance with a running mate system, then a
Reserve officer becomes eligible for consideration for pro-
motion to the next higher grade at the beginning of the pro-
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motion year in which he or she completes the following
amount of service computed from the date of rank in the
grade in which he or she is serving:
‘‘(1) two years in the grade of lieutenant (junior
grade);
‘‘(2) three years in the grade of lieutenant;
‘‘(3) four years in the grade of lieutenant 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 de-
termined in accordance with a running mate system, in
which event’’ after ‘‘subchapter,’’.
SEC. 12. 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:
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‘‘(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 sec-
tion 251 of this title to continue up to a specified number
of lieutenant commanders or commanders on active duty.
When so directed, the selection board shall recommend those
officers who in the opinion of the board are best qualified
to advance the needs and efficiency of the Coast Guard.
When the recommendations of the board are approved by
the Secretary, the officers recommended for continuation
shall be notified that they have been recommended for con-
tinuation and offered an additional term of service that ful-
fills 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 contin-
ued on active duty under subsection (b) for a period that
extends beyond 24 years of active commissioned service un-
less promoted to the grade of commander of the Regular
Coast Guard. An officer who holds the grade of commander
of the Regular Coast Guard may not be continued on active
duty under subsection (b) for a period that extends beyond
26 years of active commissioned service unless promoted to
the grade of captain of the Regular Coast Guard.
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‘‘(2) Unless retired or discharged under another provi-
sion 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 pro-
vision of law, be retired under that law on the first day
of the first month following the month in which the period
of continued service is completed.’’.
SEC. 13. RESERVE STUDENT PRE-COMMISSIONING 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 assistance
program
‘‘(a) The Secretary may provide financial assistance
to an eligible enlisted member of the Coast Guard Reserve,
not on active duty, for expenses of the member while the
member is pursuing on a full-time basis at an institution
of higher education a program of education approved by
the Secretary that leads to—
‘‘(1) a baccalaureate degree in not more than five
academic years; or
‘‘(2) a post-baccalaureate degree.
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‘‘(b)(1) To be eligible for financial assistance under
this section, an enlisted member of the Coast Guard Reserve
must—
‘‘(A) be enrolled on a full-time basis in a 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 tendered;
‘‘(B) to serve on active duty for up to five years;
and
‘‘(C) under such terms and conditions as shall be
prescribed by the Secretary, to serve in the Coast
Guard Reserve until the eighth anniversary of the
date of the appointment.
‘‘(c) Expenses for which financial assistance may be
provided under this section are—
‘‘(1) tuition and fees charged by the institution
of higher education involved;
‘‘(2) the cost of books;
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‘‘(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 mem-
ber shall reimburse the United States in an amount that
bears the same ratio to the total cost of the education pro-
vided to such person as the unserved portion of active duty
bears to the total period of active duty such person agreed
to serve. The Secretary shall have the option to order such
reimbursement without first ordering the member to active
duty.
‘‘(2) The Secretary may waive the service obligated
under subsection (f) of a member who is not physically
qualified for appointment and who is determined to be 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 gross-
ly negligent conduct.
‘‘(h) As used in this section, ‘institution of higher edu-
cation’ has the meaning given that term in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001).’’.
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(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. 14. CONTINUATION ON ACTIVE DUTY BEYOND THIRTY
YEARS.
Section 289 of title 14, United States Code, is amended
by adding at the end the following new subsection:
‘‘(h) Notwithstanding subsection (g) and section 288
of this title, the Commandant may by annual action retain
on active duty from promotion year to promotion year any
officer who would otherwise be retired under subsection (g)
or section 288 of this title. An officer so retained, unless
retired under some other provision of law, shall be retired
on June 30 of that promotion year in which no action is
taken to further retain the officer under this subsection.’’.
SEC. 15. PAYMENT OF DEATH GRATUITIES ON BEHALF OF
COAST GUARD AUXILIARISTS.
Section 823a(b) of title 14, United States Code, is
amended by inserting the following new paragraph fol-
lowing paragraph (8):
‘‘(9) On or after January 1, 2001, Public Law
104–208, section 651.’’.
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SEC. 16. 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 inserting
the following:
‘‘(b) An officer of the Regular Coast Guard who is dis-
charged under this section or section 282, 283, or 284 of
this title who has completed 6 or more, but less than 20,
continuous years of active service immediately before that
discharge or release is entitled to separation pay computed
under subsection (d)(1) of section 1174 of title 10.
‘‘(c) An officer of the Regular Coast Guard who is dis-
charged under section 327 of this title, who has completed
6 or more, but less than 20, continuous years of active serv-
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ice 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 regu-
lations promulgated by the Secretary.
‘‘(d) Notwithstanding subsections (a) or (b), an officer
discharged under chapter 11 of this title for twice failing
of selection for promotion to the next higher grade is not
entitled to separation pay under this section if the officer
requested in writing or otherwise sought not to be selected
for promotion, or requested removal from the list of select-
ees.’’;
(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 com-
pleted 6 or more, but less than 20, continuous years of ac-
tive service immediately before that discharge is entitled to
separation pay computed under subsection (d)(1) of section
1174 of title 10.
‘‘(b) A regular warrant officer of the Coast Guard who
is discharged under section 1165 or 1166 of title 10, and
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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) or
(d)(2) of section 1174 of title 10, as determined under regu-
lations promulgated by the Secretary.
‘‘(c) In determining a member’s years of active service
for the purpose of computing separation pay under this sec-
tion, each full month of service that is in addition to the
number of full years of service creditable to the member is
counted as one-twelfth of a year and any remaining frac-
tional 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 insert-
ing 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 insert-
ing 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-
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gated by the Secretary the condition under which the
officer is discharged does not warrant an honorable
discharge.’’; and
(E) by striking subsection (b)(3).
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 11 of title 14, United States Code,
is amended—
(1) in the item relating to section 281, by 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 strik-
ing ‘‘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, ex-
cept that subsection (d) of section 286 of title 14, United
States Code, as amended by paragraph (3) of subsection (a)
of this section shall take effect on enactment of this Act and
shall apply with respect to conduct on or after that date.