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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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