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H.R. 109 (ih) To amend the Federal Water Pollution Control Act to provide for the use [Introduced in House] ...


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107th CONGRESS
  1st Session
                                H. R. 1099


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2001

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

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

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

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

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

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

                     TITLE I--PERSONNEL MANAGEMENT

SEC. 101. COAST GUARD BAND DIRECTOR RANK.

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

SEC. 102. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

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

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

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

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

                        TITLE II--MARINE SAFETY

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

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

SEC. 202. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS.

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

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

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

SEC. 204. MERCHANT MARINER DOCUMENTATION REQUIREMENTS.

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

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

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

                 TITLE III--RENEWAL OF ADVISORY GROUPS

SEC. 301. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE.

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

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

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

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

SEC. 303. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.

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

SEC. 304. NAVIGATION SAFETY ADVISORY COUNCIL.

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

SEC. 305. NATIONAL BOATING SAFETY ADVISORY COUNCIL.

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

SEC. 306. TOWING SAFETY ADVISORY COMMITTEE.

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

                        TITLE IV--MISCELLANEOUS

SEC. 401. PATROL CRAFT.

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

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

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

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