IB
Union Calendar No. 133
105TH CONGRESS
1ST SESSION
H. R. 2204
[Report No. 105–236]
To authorize appropriations for fiscal years 1998 and 1999 for the Coast
Guard, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 21, 1997
Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. GILCHREST, and Mr. CLEM-
ENT) introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure
JULY 31, 1997
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 July 21, 1997]
A BILL
To authorize appropriations for fiscal years 1998 and 1999
for the Coast Guard, 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 ‘‘Coast Guard Authoriza-
tion Act of 1997’’.
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—AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II—COAST GUARD MANAGEMENT
Sec. 201. Removal of cap on warrant officer severance pay.
Sec. 202. Authority to implement awards programs.
TITLE III—MARINE SAFETY
Sec. 301. Extension of territorial sea for certain laws.
Sec. 302. Penalties for interfering with the safe operation of a vessel.
TITLE IV—MISCELLANEOUS
Sec. 401. Vessel identification system amendments.
Sec. 402. Conveyance of Coast Guard Reserve training facility, Jacksonville,
Florida.
Sec. 403. Documentation of certain vessels.
Sec. 404. Conveyance of Coast Guard facility in Nahant, Massachusetts.
Sec. 405. Unreasonable obstruction to navigation.
Sec. 406. Financial responsibility for oil spill response vessels.
Sec. 407. Conveyance of Coast Guard property to Jacksonville University in
Jacksonville, Florida.
Sec. 408. Penalty for violation of international safety convention.
Sec. 409. Coast Guard City, USA.
Sec. 410. Conveyance of Communication Station, Boston Marshfield Receiver
Site, Massachusetts.
TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary
expenses of the Coast Guard, as follows:
(1) For the operation and maintenance of the
Coast Guard—
(A) for fiscal year 1998, $2,790,700,000;
and
(B) for fiscal year 1999, $2,854,700,000; of
which $25,000,000 shall be derived each fiscal
year from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990.
(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and off-
shore facilities, vessels, and aircraft, including equip-
ment related thereto—
(A) for fiscal year 1998, $401,000,000, of
which $2,000,000 shall be made available for
concept evaluation for a replacement vessel for
the Coast Guard icebreaker MACKINAW, which
concept evaluation shall be transmitted to the
Congress not later than April 1, 1998; and
(B) for fiscal year 1999, $440,000,000;
to remain available until expended, of which
$20,000,000 shall be derived each fiscal year from the
Oil Spill Liability Trust Fund to carry out the pur-
poses of section 1012(a)(5) of the Oil Pollution Act of
1990.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors di-
rectly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
fense readiness—
(A) for fiscal year 1998, $19,500,000; and
(B) for fiscal year 1999, $19,000,000;
to remain available until expended, of which
$1,000,000 may be made available in fiscal year 1998
for fuel cell research, and of which $3,500,000 shall
be derived each fiscal year from the Oil Spill Liabil-
ity Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Benefit
Plans, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title
10, United States Code—
(A) for fiscal year 1998, $652,000,000; and
(B) for fiscal year 1999, $692,000,000.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting ob-
structions to navigation, and for personnel and ad-
ministrative costs associated with the Bridge Alter-
ation Program—
(A) for fiscal year 1998, $17,300,000; and
(B) for fiscal year 1999, $20,000,000,
to remain available until expended.
(6) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and
equipment associated with operations and mainte-
nance), $21,000,000 for each of fiscal years 1998 and
1999, to remain available until expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH
AND TRAINING.
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is
authorized an end-of-year strength for active duty personnel
of—
(1) 37,944 as of September 30, 1998; and
(2) 38,038 as of September 30, 1999.
(b) MILITARY TRAINING STUDENT LOADS.—The Coast
Guard is authorized average military training student
loads as follows:
(1) For recruit and special training—
(A) for fiscal year 1998, 1,424 student
years; and
(B) for fiscal year 1999, 1,424 student
years.
(2) For flight training—
(A) for fiscal year 1998, 98 student years;
and
(B) for fiscal year 1999, 98 student years.
(3) For professional training in military and ci-
vilian institutions—
(A) for fiscal year 1998, 283 student years;
and
(B) for fiscal year 1999, 283 student years.
(4) For officer acquisition—
(A) for fiscal year 1998, 814 student years;
and
(B) for fiscal year 1999, 810 student years.
TITLE II—COAST GUARD
MANAGEMENT
SEC. 201. REMOVAL OF CAP ON WARRANT OFFICER SEVER-
ANCE PAY.
Section 286a(d) of title 14, United States Code, is
amended by striking the last sentence.
SEC. 202. AUTHORITY TO IMPLEMENT AWARDS PROGRAMS.
Section 93 of title 14, United States Code, is amend-
ed—
(1) in paragraph (s), by striking the comma at
the end and inserting a semicolon;
(2) in paragraph (t), by redesignating subpara-
graphs (1) and (2) as subparagraphs (A) and (B), re-
spectively;
(3) by redesignating paragraphs (a) through (v)
in order as paragraphs (1) through (21);
(4) by redesignating the existing text (as so
amended) as subsection (a); and
(5) by adding at the end the following new sub-
section:
‘‘(b) The Commandant may provide for the honorary
recognition of individuals and organizations, including
State and local governments and commercial and nonprofit
organizations, that significantly contribute to Coast Guard
programs, missions, or operations, by awarding plaques,
medals, trophies, badges, and similar items to acknowledge
that contribution.’’.
TITLE III—MARINE SAFETY
SEC. 301. EXTENSION OF TERRITORIAL SEA FOR CERTAIN
LAWS.
(a) PORTS AND WATERWAYS SAFETY ACT.—Section 3
of the Ports and Waterways Safety Act (33 U.S.C. 1222)
is amended by adding at the end the following:
‘‘(5) ‘Navigable waters of the United States’ in-
cludes all waters of the territorial sea of the United
States as described in Presidential Proclamation 5928
of December 27, 1988.’’.
(b) TITLE 46, UNITED STATES CODE.—Subtitle II of
title 46, United States Code, is amended as follows:
(1) In section 2101—
(A) by redesignating paragraph (17a) as
paragraph (17b); and
(B) by inserting after paragraph (17) the
following:
‘‘(17a) ‘navigable waters of the United States’
includes all waters of the territorial sea of the United
States as described in Presidential Proclamation 5928
of December 27, 1988.’’.
(2) In section 2301, by inserting ‘‘(including the
territorial sea of the United States as described in
Presidential Proclamation 5928 of December 27,
1988)’’ after ‘‘of the United States’’.
(3) In section 4102(e), by striking ‘‘on the high
seas’’ and inserting ‘‘beyond 3 nautical miles from the
baseline from which the territorial sea of the United
States is measured’’.
(4) In section 4301(a), by inserting ‘‘(including
the territorial sea of the United States as described in