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Union Calendar No. 31

106TH CONGRESS

1ST SESSION H. R. 820

[Report No. 106–51]

To authorize appropriations for fiscal years 2000 and 2001 for the Coast

Guard, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1999

Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. GILCHREST, and Mr.

DEFAZIO) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

MARCH 11, 1999

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]

[For text of introduced bill, see copy of bill as introduced on February 24, 1999]

A BILL

To authorize appropriations for fiscal years 2000 and 2001

for the Coast Guard, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Coast Guard Authoriza3 tion Act of 1999’’.

4 SEC. 2. TABLE OF CONTENTS.

5 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—AUTHORIZATION

Sec. 101. Authorization of appropriations.

Sec. 102. Authorized levels of military strength and training.

TITLE II—MISCELLANEOUS

Sec. 201. Vessel NOT A SHOT.

Sec. 202. Costs of clean-up of Cape May lighthouse.

Sec. 203. Clarification of Coast Guard authority to control vessels in territorial

waters of the United States.

Sec. 204. Coast Guard search and rescue for Lake Michigan.

6 TITLE I—AUTHORIZATION

7 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

8 Funds are authorized to be appropriated for necessary

9 expenses of the Coast Guard, as follows:

10 (1) For the operation and maintenance of the

11 Coast Guard—

12 (A) for fiscal year 2000, $3,084,400,000, of

13 which—

14 (i) $25,000,000 shall be derived from

15 the Oil Spill Liability Trust Fund to carry

16 out the purposes of section 1012(a)(5) of the

17 Oil Pollution Act of 1990;
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1 (ii) not less than $663,000,000 shall be

2 available for expenses related to drug inter3 diction; and

4 (iii) $5,500,000 shall be available for

5 the commercial fishing vessel safety pro6 gram; and

7 (B) for fiscal year 2001, $3,207,800,000, of

8 which—

9 (i) $25,000,000 shall be derived from

10 the Oil Spill Liability Trust Fund to carry

11 out the purposes of section 1012(a)(5) of the

12 Oil Pollution Act of 1990;

13 (ii) not less than $689,500,000 shall be

14 available for expenses related to drug inter15 diction; and

16 (iii) $5,500,000 shall be available for

17 the commercial fishing vessel safety pro18 gram.

19 (2) For the acquisition, construction, rebuilding,

20 and improvement of aids to navigation, shore and off21 shore facilities, vessels, and aircraft, including equip22 ment related thereto—

23 (A) for fiscal year 2000, $691,300,000, of

24 which—
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1 (i) $20,000,000 shall be derived from

2 the Oil Spill Liability Trust Fund to carry

3 out the purposes of section 1012(a)(5) of the

4 Oil Pollution Act of 1990;

5 (ii) not less than $280,300,000 shall be

6 available for expenses related to drug inter7 diction;

8 (iii) $100,000,000 shall be available for

9 modernization of the national distress re10 sponse system; and

11 (iv) $3,000,000 shall be available for

12 completion of the design of a replacement

13 vessel for the Coast Guard icebreaker

14 MACKINAW; and

15 (B) for fiscal year 2001, $792,000,000, of

16 which—

17 (i) $20,000,000 shall be derived from

18 the Oil Spill Liability Trust Fund to carry

19 out the purposes of section 1012(a)(5) of the

20 Oil Pollution Act of 1990;

21 (ii) not less than $233,000,000 shall be

22 available for expenses related to drug inter23 diction;
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1 (iii) $110,000,000 shall be available for

2 modernization of the national distress re3 sponse system; and

4 (iv) $128,000,000 shall be available for

5 construction or acquisition of a replacement

6 vessel for the Coast Guard icebreaker

7 MACKINAW.

8 (3) For research, development, test, and evalua9 tion of technologies, materials, and human factors di10 rectly relating to improving the performance of the

11 Coast Guard’s mission in support of search and res12 cue, aids to navigation, marine safety, marine envi13 ronmental protection, enforcement of laws and

14 treaties, ice operations, oceanographic research, and

15 defense readiness—

16 (A) for fiscal year 2000, $21,700,000; and

17 (B) for fiscal year 2001, $23,000,000,

18 to remain available until expended, of which

19 $3,500,000 shall be derived each fiscal year from the

20 Oil Spill Liability Trust Fund to carry out the pur21 poses of section 1012(a)(5) of the Oil Pollution Act of

22 1990.

23 (4) For retired pay (including the payment of

24 obligations otherwise chargeable to lapsed appropria25 tions for this purpose), payments under the Retired
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1 Serviceman’s Family Protection and Survivor Benefit

2 Plans, and payments for medical care of retired per3 sonnel and their dependents under chapter 55 of title

4 10, United States Code—

5 (A) for fiscal year 2000, $730,000,000; and

6 (B) for fiscal year 2001, $785,000,000.

7 (5) For alteration or removal of bridges over

8 navigable waters of the United States constituting ob9 structions to navigation, and for personnel and ad10 ministrative costs associated with the Bridge Alter11 ation Program—

12 (A) for fiscal year 2000, $11,000,000; and

13 (B) for fiscal year 2001, $11,000,000,

14 to remain available until expended.

15 (6) For environmental compliance and restora16 tion at Coast Guard facilities (other than parts and

17 equipment associated with operations and mainte18 nance)—

19 (A) for fiscal year 2000, $19,500,000; and

20 (B) for fiscal year 2001, $21,000,000,

21 to remain available until expended.
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1 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

2 AND TRAINING.

3 (a) ACTIVE DUTY STRENGTH.—The Coast Guard is

4 authorized an end-of-year strength for active duty personnel

5 of—

6 (1) 40,000 as of September 30, 2000; and

7 (2) 44,000 as of September 30, 2001.

8 (b) MILITARY TRAINING STUDENT LOADS.—The Coast

9 Guard is authorized average military training student

10 loads as follows:

11 (1) For recruit and special training—

12 (A) for fiscal year 2000, 1,500 student

13 years; and

14 (B) for fiscal year 2001, 1,500 student

15 years.

16 (2) For flight training—

17 (A) for fiscal year 2000, 100 student years;

18 and

19 (B) for fiscal year 2001, 100 student years.

20 (3) For professional training in military and ci21 vilian institutions—

22 (A) for fiscal year 2000, 300 student years;

23 and

24 (B) for fiscal year 2001, 300 student years.

25 (4) For officer acquisition—
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1 (A) for fiscal year 2000, 1,000 student

2 years; and

3 (B) for fiscal year 2001, 1,000 student

4 years.

5 TITLE II—MISCELLANEOUS

6 SEC. 201. VESSEL NOT A SHOT.

7 Notwithstanding section 27 of the Merchant Marine

8 Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of June

9 19, 1886 (46 App. U.S.C. 289), and section 12106 of title

10 46, United States Code, the Secretary of Transportation

11 may issue a certificate of documentation with appropriate

12 endorsement for employment in the coastwise trade for the

13 vessel NOT A SHOT (United States official number

14 911064).

15 SEC. 202. COSTS OF CLEAN-UP OF CAPE MAY LIGHTHOUSE.

16 Of amounts authorized by this Act for fiscal year 2000

17 for environmental compliance and restoration of Coast

18 Guard facilities, $99,000 shall be available to reimburse the

19 owner of the former Coast Guard lighthouse facility at Cape

20 May, New Jersey, for costs incurred for clean-up of lead

21 contaminated soil at that facility.
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1 SEC. 203. CLARIFICATION OF COAST GUARD AUTHORITY TO

2 CONTROL VESSELS IN TERRITORIAL WATERS

3 OF THE UNITED STATES.

4 The Ports and Waterways Safety Act (33 U.S.C. 1221

5 et seq.) is amended by adding at the end the following:

6 ‘‘SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DI7 RECTION OF VESSELS BY COAST GUARD.

8 ‘‘(a) NOTIFICATION OF COAST GUARD.—Under regula9 tions prescribed by the Secretary, a commercial vessel enter10 ing the territorial sea of the United States shall notify the

11 Secretary not later than 24 hours before that entry and pro12 vide the following information:

13 ‘‘(1) The name of the vessel.

14 ‘‘(2) The port or place of destination in the

15 United States.

16 ‘‘(3) The time of entry into the territorial sea.

17 ‘‘(4) Any information requested by the Secretary

18 to demonstrate compliance with applicable inter19 national agreements to which the United States is a

20 party.

21 ‘‘(5) If the vessel is carrying dangerous cargo, a

22 description of that cargo.

23 ‘‘(6) A description of any hazardous conditions

24 on the vessel.

25 ‘‘(7) Any other information requested by the Sec26 retary.
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1 ‘‘(b) DENIAL OF ENTRY.—The Secretary may deny

2 entry of a vessel into the territorial sea of the United States

3 if—

4 ‘‘(1) the Secretary has not received notification

5 for the vessel in accordance with subsection (a); or

6 ‘‘(2) the vessel is not in compliance with any

7 other applicable law relating to marine safety, secu8 rity, or environmental protection.

9 ‘‘(c) DIRECTION OF VESSEL.—The Secretary may di10 rect the operation of any vessel in the navigable waters of

11 the United States as necessary during hazardous cir12 cumstances, including the absence of a pilot required by

13 State or Federal law, weather, casualty, vessel traffic, or

14 the poor condition of the vessel.’’.

15 SEC. 204. COAST GUARD SEARCH AND RESCUE FOR LAKE

16 MICHIGAN.

17 (a) IN GENERAL.—

18 (1) REQUIREMENTS.—Notwithstanding any

19 other law, the Secretary of Transportation—

20 (A) shall continue to operate and maintain

21 the seasonal Coast Guard air search and rescue

22 facility located in Muskegon, Michigan, until at

23 least September 30, 2001; and

24 (B) shall establish a new seasonal Coast

25 Guard air search and rescue facility for South-
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1 ern Lake Michigan to serve the Chicago metro2 politan area and the surrounding environment,

3 and operate that facility until at least September

4 30, 2001.

5 In establishing the facility under subparagraph (B),

6 the Secretary shall study Illinois sites in the Chicago

7 metropolitan area, including Waukegan, Illinois.

8 (2) AUTHORIZATION OF APPROPRIATIONS.—In

9 addition to the other amounts authorized by this Act,

10 there are authorized to be appropriated to the Sec11 retary of Transportation—

12 (A) for operation and maintenance of the

13 Coast Guard air search and rescue facility in

14 Muskegon, Michigan—

15 (i) $3,252,000 for fiscal year 2000; and

16 (ii) $3,252,000 for fiscal year 2001;

17 (B) for acquisition, construction, and im18 provement of facilities and equipment for the

19 Coast Guard air search and rescue facility for

20 Southern Lake Michigan established under para21 graph (1)(B)—

22 (i) $8,100,000 for fiscal year 2000; and

23 (ii) $13,000,000 for fiscal year 2001;

24 and
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1 (C) for operation and maintenance of the

2 Coast Guard air search and rescue facility for

3 Southern Lake Michigan established under para4 graph (1)(B)—

5 (i) $5,505,000 for fiscal year 2000; and

6 (ii) $4,060,000 for fiscal year 2001.

7 (3) LIMITATION ON CLOSING OR DOWNSIZING

8 OTHER FACILITIES.—The Secretary of Transportation

9 may not close or downsize any Coast Guard facility

10 for the purpose of accommodating the capability re11 quired pursuant to paragraphs (1) and (2).

12 (b) STUDY OF SEARCH AND RESCUE CAPABILITIES

13 FOR LAKE MICHIGAN.—Not later that 1 year after the date

14 of the enactment of this Act, the Secretary of Transpor15 tation shall study, determine, and report to the Congress

16 the overall aircraft and vessel search and rescue capability

17 for Lake Michigan, including—

18 (1) the capability of all Federal, State, and local

19 government and nongovernment entities that perform

20 search and rescue functions for Lake Michigan; and

21 (2) the adequacy of that overall capability.

22 (c) PLAN FOR SEARCH AND RESCUE RESPONSE FOR

23 CHICAGO, ILLINOIS.—Not later than 6 months after the

24 date of the enactment of this Act, the Secretary of Transpor25 tation shall prepare, submit to the Congress, and begin im-
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1 plementing a comprehensive plan for aircraft and vessel

2 search and rescue response for Lake Michigan in the vicin3 ity of Chicago, Illinois.

4 (d) USE OF HELICOPTERS FOR DRUG INTERDIC5 TION.—During the portion of each year when the seasonal

6 facilities required under subsection (a)(1) are not in oper7 ation, the Secretary of Transportation shall use helicopters

8 assigned to those facilities for drug interdiction.
Union Calendar No. 31

106TH CONGRESS

1ST SESSION H. R. 820

[Report No. 106–51]

A BILL

To authorize appropriations for fiscal years 2000

purposes.and 2001 for the Coast Guard, and for other

MARCH 11, 1999

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and