IIB

106TH CONGRESS

1ST SESSION H. R. 820

IN THE SENATE OF THE UNITED STATES

MARCH 18, 1999

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

and Transportation

AN ACT

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 Author3 ization 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.

Sec. 205. Vessel COASTAL VENTURE.

Sec. 206. Vessel PRIDE OF MANY.

Sec. 207. Prohibition of new maritime user fees.

Sec. 208. Sense of the Congress regarding oil spill response actions.

Sec. 209. Vessel NORFOLK.

Sec. 210. Great Lakes lighthouses.

Sec. 211. Drug interdiction.

6 TITLE I—AUTHORIZATION

7 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

8 Funds are authorized to be appropriated for nec9 essary 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,

13 of which—

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

15 the Oil Spill Liability Trust Fund to carry
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1 out the purposes of section 1012(a)(5) of

2 the Oil Pollution Act of 1990;

3 (ii) not less than $663,000,000 shall

4 be available for expenses related to drug

5 interdiction; and

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

7 the commercial fishing vessel safety pro8 gram; and

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

10 of which—

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

12 the Oil Spill Liability Trust Fund to carry

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

14 the Oil Pollution Act of 1990;

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

16 be available for expenses related to drug

17 interdiction; and

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

19 the commercial fishing vessel safety pro20 gram.

21 (2) For the acquisition, construction, rebuild22 ing, and improvement of aids to navigation, shore

23 and offshore facilities, vessels, and aircraft, includ24 ing equipment related thereto—
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1 (A) for fiscal year 2000, $691,300,000, of

2 which—

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

4 the Oil Spill Liability Trust Fund to carry

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

6 the Oil Pollution Act of 1990;

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

8 be available for expenses related to drug

9 interdiction;

10 (iii) $100,000,000 shall be available

11 for modernization of the national distress

12 response system; and

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

14 completion of the design of a replacement

15 vessel for the Coast Guard icebreaker

16 MACKINAW; and

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

18 which—

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

20 the Oil Spill Liability Trust Fund to carry

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

22 the Oil Pollution Act of 1990;

23 (ii) not less than $233,000,000 shall

24 be available for expenses related to drug

25 interdiction;
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1 (iii) $110,000,000 shall be available

2 for modernization of the national distress

3 response system; and

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

5 for construction or acquisition of a replace6 ment vessel for the Coast Guard icebreaker

7 MACKINAW.

8 (3) For research, development, test, and evalua9 tion of technologies, materials, and human factors

10 directly 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

22 of 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 Ben2 efit Plans, and payments for medical care of retired

3 personnel and their dependents under chapter 55 of

4 title 10, United States Code—

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

6 and

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

8 (5) For alteration or removal of bridges over

9 navigable waters of the United States constituting

10 obstructions to navigation, and for personnel and

11 administrative costs associated with the Bridge Al12 teration Program—

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

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

15 to remain available until expended.

16 (6) For environmental compliance and restora17 tion at Coast Guard facilities (other than parts and

18 equipment associated with operations and mainte19 nance)—

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

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

22 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 per5 sonnel 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

9 Coast Guard is authorized average military training stu10 dent 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

18 years; and

19 (B) for fiscal year 2001, 100 student

20 years.

21 (3) For professional training in military and ci22 vilian institutions—

23 (A) for fiscal year 2000, 300 student

24 years; and

25 (B) for fiscal year 2001, 300 student

26 years.
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1 (4) For officer acquisition—

2 (A) for fiscal year 2000, 1,000 student

3 years; and

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

5 years.

6 TITLE II—MISCELLANEOUS

7 SEC. 201. VESSEL NOT A SHOT.

8 Notwithstanding section 27 of the Merchant Marine

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

10 June 19, 1886 (46 App. U.S.C. 289), and section 12106

11 of title 46, United States Code, the Secretary of Transpor12 tation may issue a certificate of documentation with ap13 propriate endorsement for employment in the coastwise

14 trade for the vessel NOT A SHOT (United States official

15 number 911064).

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

17 Of amounts authorized by this Act for fiscal year

18 2000 for environmental compliance and restoration of

19 Coast Guard facilities, $99,000 shall be available to reim20 burse the owner of the former Coast Guard lighthouse fa21 cility at Cape May, New Jersey, for costs incurred for

22 clean-up of lead 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.

5 1221 et seq.) is amended by adding at the end the fol6 lowing:

7 ‘‘SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DI8 RECTION OF VESSELS BY COAST GUARD.

9 ‘‘(a) NOTIFICATION OF COAST GUARD.—Under regu10 lations prescribed by the Secretary, a commercial vessel

11 entering the territorial sea of the United States shall no12 tify the Secretary not later than 24 hours before that

13 entry and provide the following information:

14 ‘‘(1) The name of the vessel.

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

16 United States.

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

18 ‘‘(4) Any information requested by the Sec19 retary to demonstrate compliance with applicable

20 international agreements to which the United States

21 is a party.

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

23 a description of that cargo.

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

25 on the vessel.
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1 ‘‘(7) Any other information requested by the

2 Secretary.

3 ‘‘(b) DENIAL OF ENTRY.—The Secretary may deny

4 entry of a vessel into the territorial sea of the United

5 States if—

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

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

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

9 other applicable law relating to marine safety, secu10 rity, or environmental protection.

11 ‘‘(c) DIRECTION OF VESSEL.—The Secretary may di12 rect the operation of any vessel in the navigable waters

13 of the United States as necessary during hazardous cir14 cumstances, including the absence of a pilot required by

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

16 the poor condition of the vessel.’’.

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

18 MICHIGAN.

19 (a) IN GENERAL.—

20 (1) REQUIREMENTS.—Notwithstanding any

21 other law, the Secretary of Transportation—

22 (A) shall continue to operate and maintain

23 the seasonal Coast Guard air search and rescue

24 facility located in Muskegon, Michigan, until at

25 least September 30, 2001; and
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1 (B) shall establish a new seasonal Coast

2 Guard air search and rescue facility for South3 ern Lake Michigan to serve the Chicago metro4 politan area and the surrounding environment,

5 and operate that facility until at least Sep6 tember 30, 2001.

7 In establishing the facility under subparagraph (B),

8 the Secretary shall study Illinois sites in the Chicago

9 metropolitan area, including Waukegan, Illinois.

10 (2) AUTHORIZATION OF APPROPRIATIONS.—In

11 addition to the other amounts authorized by this

12 Act, there are authorized to be appropriated to the

13 Secretary of Transportation—

14 (A) for operation and maintenance of the

15 Coast Guard air search and rescue facility in

16 Muskegon, Michigan—

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

18 and

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

20 (B) for acquisition, construction, and im21 provement of facilities and equipment for the

22 Coast Guard air search and rescue facility for

23 Southern Lake Michigan established under

24 paragraph (1)(B)—
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1 (i) $8,100,000 for fiscal year 2000;

2 and

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

4 and

5 (C) for operation and maintenance of the

6 Coast Guard air search and rescue facility for

7 Southern Lake Michigan established under

8 paragraph (1)(B)—

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

10 and

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

12 (3) LIMITATION ON CLOSING OR DOWNSIZING

13 OTHER FACILITIES.—The Secretary of Transpor14 tation may not close or downsize any Coast Guard

15 facility for the purpose of accommodating the capa16 bility required pursuant to paragraphs (1) and (2).

17 (b) STUDY OF SEARCH AND RESCUE CAPABILITIES

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

19 date of the enactment of this Act, the Secretary of Trans20 portation shall study, determine, and report to the Con21 gress the overall aircraft and vessel search and rescue ca22 pability for Lake Michigan, including—

23 (1) the capability of all Federal, State, and

24 local government and nongovernment entities that
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1 perform search and rescue functions for Lake Michi2 gan; and

3 (2) the adequacy of that overall capability.

4 (c) PLAN FOR SEARCH AND RESCUE RESPONSE FOR

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

6 date of the enactment of this Act, the Secretary of Trans7 portation shall prepare, submit to the Congress, and begin

8 implementing a comprehensive plan for aircraft and vessel

9 search and rescue response for Lake Michigan in the vicin10 ity of Chicago, Illinois.

11 (d) USE OF HELICOPTERS FOR DRUG INTERDIC12 TION.—During the portion of each year when the seasonal

13 facilities required under subsection (a)(1) are not in oper14 ation, the Secretary of Transportation shall use heli15 copters assigned to those facilities for drug interdiction.

16 SEC. 205. VESSEL COASTAL VENTURE.

17 Section 1120(g) of the Coast Guard Authorization

18 Act of 1996 (Public Law 104–324; 110 Stat. 3978) is

19 amended by inserting ‘‘COASTAL VENTURE (United

20 States official number 971086),’’ after ‘‘vessels’’.

21 SEC. 206. VESSEL PRIDE OF MANY.

22 Notwithstanding section 27 of the Merchant Marine

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

24 June 19, 1886 (46 App. U.S.C. 289), and section 12106

25 of title 46, United States Code, the Secretary of Transpor-
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1 tation may issue a certificate of documentation with ap2 propriate endorsement for employment in the coastwise

3 trade for the vessel PRIDE OF MANY (Canadian official

4 number 811529).

5 SEC. 207. PROHIBITION OF NEW MARITIME USER FEES.

6 Section 2110(k) of title 46, United States Code, is

7 amended by striking the last sentence.

8 SEC. 208. SENSE OF THE CONGRESS REGARDING OIL SPILL

9 RESPONSE ACTIONS.

10 It is the sense of the Congress that to ensure that

11 liability concerns regarding response actions to remove a

12 discharge of oil or a hazardous substance, or to mitigate

13 or prevent the threat of such a discharge, do not deter

14 an expeditious or effective response, the President should

15 promulgate guidelines as soon as possible under the Oil

16 Pollution Act of 1990 and other applicable Federal laws

17 clarifying that a person who is not a responsible party (as

18 that term is used in that Act) and who takes any response

19 action consistent with the National Contingency Plan (in20 cluding the applicable fish and wildlife response plan) or

21 as otherwise directed by the President to prevent or miti22 gate the environmental effects of such a discharge or a

23 threat of such a discharge should not be held liable for

24 the violation of fish and wildlife laws unless the person

25 is grossly negligent or engages in a willful misconduct.
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1 SEC. 209. VESSEL NORFOLK.

2 Notwithstanding section 27 of the Merchant Marine

3 Act, 1920 (46 App. U.S.C. 883) and section 12106 of title

4 46, United States Code, the Secretary of Transportation

5 may issue a certificate of documentation with a coastwise

6 endorsement for the vessel NORFOLK (United States of7 ficial number 1077852) before January 1, 2001, if—

8 (1) before that date the vessel undergoes a

9 major conversion (as defined in section 2101 of title

10 46, United States Code) in a shipyard located in the

11 United States; and

12 (2) the cost of the major conversion is more

13 than three times the amount the owner of the vessel

14 paid to purchase the vessel.

15 SEC. 210. GREAT LAKES LIGHTHOUSES.

16 (a) FINDINGS.—The Congress finds the following:

17 (1) The Great Lakes are home to more than

18 400 lighthouses. 120 of these maritime landmarks

19 are in the State of Michigan, more than in any other

20 State.

21 (2) Lighthouses are an important part of Great

22 Lakes culture and stand as a testament to the im23 portance of shipping in the region’s political, eco24 nomic, and social history.

25 (3) Advances in navigation technology have

26 made many Great Lakes lighthouses obsolete. In
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1 Michigan alone, approximately 70 lighthouses will be

2 designated as surplus property of the Federal Gov3 ernment and will be transferred to the General Serv4 ices Administration for disposal.

5 (4) Unfortunately, the Federal property dis6 posal process is confusing, complicated, and not well7 suited to disposal of historic lighthouses or to facili8 tate transfers to nonprofit organizations. This is es9 pecially troubling because, in many cases, local non10 profit historical organizations have dedicated tre11 mendous resources to preserving and maintaining

12 Great Lakes lighthouses.

13 (5) If Great Lakes lighthouses disappear, the

14 public will be unaware of an important chapter in

15 Great Lakes history.

16 (6) The National Trust for Historic Preserva17 tion has placed Michigan lighthouses on their list of

18 Most Endangered Historic Places.

19 (b) ASSISTANCE FOR GREAT LAKES LIGHTHOUSE

20 PRESERVATION EFFORTS.—The Secretary of Transpor21 tation, acting through the Coast Guard, shall—

22 (1) continue to offer advice and technical assist23 ance to organizations in the Great Lakes region that

24 are dedicated to lighthouse stewardship; and
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1 (2) promptly release information regarding the

2 timing of designations of Coast Guard lighthouses

3 on the Great Lakes as surplus property, to enable

4 those organizations to mobilize and be prepared to

5 take appropriate action with respect to the disposal

6 of those properties by the Federal Government.

7 SEC. 211. DRUG INTERDICTION.

8 (a) VESSEL SHORE FACILITIES.—In addition to

9 amounts otherwise authorized by this Act, there are au10 thorized to be appropriated to the Secretary of Transpor11 tation $20,000,000 for fiscal year 2000 for the acquisi12 tion, construction, rebuilding, and improvement of shore

13 facilities for Coast Guard vessels used for drug interdic14 tion operations.

15 (b) ACQUISITION OF COASTAL PATROL CRAFT.—If

16 the Department of Defense does not offer, by not later

17 than September 30, 1999, seven PC–170 coastal patrol

18 craft for the use of the Coast Guard pursuant to section

19 812(c) of the Western Hemisphere Drug Elimination Act

20 (title VIII of division C of Public Law 105–277), there

21 are authorized to be appropriated to the Secretary of

22 Transportation, in addition to amounts otherwise author23 ized by this Act, up to $210,000,000 for fiscal years 2000

24 and 2001 for the acquisition of up to six PC–170 coastal
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1 patrol craft, or the most recent upgrade of the PC–170

2 coastal patrol craft, for use by the Coast Guard.

Passed the House of Representatives March 17,

1999.

Attest: JEFF TRANDAHL,

Clerk.