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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Author-
ization Act of 1999’’.
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—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.
TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for nec-
essary expenses of the Coast Guard, as follows:
(1) For the operation and maintenance of the
Coast Guard—
(A) for fiscal year 2000, $3,084,400,000,
of which—
(i) $25,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry
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out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990;
(ii) not less than $663,000,000 shall
be available for expenses related to drug
interdiction; and
(iii) $5,500,000 shall be available for
the commercial fishing vessel safety pro-
gram; and
(B) for fiscal year 2001, $3,207,800,000,
of which—
(i) $25,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990;
(ii) not less than $689,500,000 shall
be available for expenses related to drug
interdiction; and
(iii) $5,500,000 shall be available for
the commercial fishing vessel safety pro-
gram.
(2) For the acquisition, construction, rebuild-
ing, and improvement of aids to navigation, shore
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto—
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(A) for fiscal year 2000, $691,300,000, of
which—
(i) $20,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990;
(ii) not less than $280,300,000 shall
be available for expenses related to drug
interdiction;
(iii) $100,000,000 shall be available
for modernization of the national distress
response system; and
(iv) $3,000,000 shall be available for
completion of the design of a replacement
vessel for the Coast Guard icebreaker
MACKINAW; and
(B) for fiscal year 2001, $792,000,000, of
which—
(i) $20,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990;
(ii) not less than $233,000,000 shall
be available for expenses related to drug
interdiction;
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(iii) $110,000,000 shall be available
for modernization of the national distress
response system; and
(iv) $128,000,000 shall be available
for construction or acquisition of a replace-
ment vessel for the Coast Guard icebreaker
MACKINAW.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors
directly 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
treaties, ice operations, oceanographic research, and
defense readiness—
(A) for fiscal year 2000, $21,700,000; and
(B) for fiscal year 2001, $23,000,000,
to remain available until expended, of which
$3,500,000 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.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
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Serviceman’s Family Protection and Survivor Ben-
efit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of
title 10, United States Code—
(A) for fiscal year 2000, $730,000,000;
and
(B) for fiscal year 2001, $785,000,000.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting
obstructions to navigation, and for personnel and
administrative costs associated with the Bridge Al-
teration Program—
(A) for fiscal year 2000, $11,000,000; and
(B) for fiscal year 2001, $11,000,000,
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)—
(A) for fiscal year 2000, $19,500,000; and
(B) for fiscal year 2001, $21,000,000,
to remain available until expended.
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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 per-
sonnel of—
(1) 40,000 as of September 30, 2000; and
(2) 44,000 as of September 30, 2001.
(b) MILITARY TRAINING STUDENT LOADS.—The
Coast Guard is authorized average military training stu-
dent loads as follows:
(1) For recruit and special training—
(A) for fiscal year 2000, 1,500 student
years; and
(B) for fiscal year 2001, 1,500 student
years.
(2) For flight training—
(A) for fiscal year 2000, 100 student
years; and
(B) for fiscal year 2001, 100 student
years.
(3) For professional training in military and ci-
vilian institutions—
(A) for fiscal year 2000, 300 student
years; and
(B) for fiscal year 2001, 300 student
years.
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(4) For officer acquisition—
(A) for fiscal year 2000, 1,000 student
years; and
(B) for fiscal year 2001, 1,000 student
years.
TITLE II—MISCELLANEOUS
SEC. 201. VESSEL NOT A SHOT.
Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of
June 19, 1886 (46 App. U.S.C. 289), and section 12106
of title 46, United States Code, the Secretary of Transpor-
tation may issue a certificate of documentation with ap-
propriate endorsement for employment in the coastwise
trade for the vessel NOT A SHOT (United States official
number 911064).
SEC. 202. COSTS OF CLEAN-UP OF CAPE MAY LIGHTHOUSE.
Of amounts authorized by this Act for fiscal year
2000 for environmental compliance and restoration of
Coast Guard facilities, $99,000 shall be available to reim-
burse the owner of the former Coast Guard lighthouse fa-
cility at Cape May, New Jersey, for costs incurred for
clean-up of lead contaminated soil at that facility.
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SEC. 203. 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 fol-
lowing:
‘‘SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DI-
RECTION OF VESSELS BY COAST GUARD.
‘‘(a) NOTIFICATION OF COAST GUARD.—Under regu-
lations prescribed by the Secretary, a commercial vessel
entering the territorial sea of the United States shall no-
tify the Secretary not later than 24 hours before that
entry and provide the following information:
‘‘(1) The name of the vessel.
‘‘(2) The port or place of destination in the
United States.
‘‘(3) The time of entry into the territorial sea.
‘‘(4) Any information requested by the Sec-
retary to demonstrate compliance with applicable
international agreements to which the United States
is a party.
‘‘(5) If the vessel is carrying dangerous cargo,
a description of that cargo.
‘‘(6) A description of any hazardous conditions
on the vessel.
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‘‘(7) Any other information requested by the
Secretary.
‘‘(b) DENIAL OF ENTRY.—The Secretary may deny
entry of a vessel into the territorial sea of the United
States if—
‘‘(1) the Secretary has not received notification
for the vessel in accordance with subsection (a); or
‘‘(2) the vessel is not in compliance with any
other applicable law relating to marine safety, secu-
rity, or environmental protection.
‘‘(c) DIRECTION OF VESSEL.—The Secretary may di-
rect the operation of any vessel in the navigable waters
of the United States as necessary during hazardous cir-
cumstances, including the absence of a pilot required by
State or Federal law, weather, casualty, vessel traffic, or
the poor condition of the vessel.’’.
SEC. 204. COAST GUARD SEARCH AND RESCUE FOR LAKE
MICHIGAN.
(a) IN GENERAL.—
(1) 
REQUIREMENTS.—Notwithstanding 
any
other law, the Secretary of Transportation—
(A) shall continue to operate and maintain
the seasonal Coast Guard air search and rescue
facility located in Muskegon, Michigan, until at
least September 30, 2001; and
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(B) shall establish a new seasonal Coast
Guard air search and rescue facility for South-
ern Lake Michigan to serve the Chicago metro-
politan area and the surrounding environment,
and operate that facility until at least Sep-
tember 30, 2001.
In establishing the facility under subparagraph (B),
the Secretary shall study Illinois sites in the Chicago
metropolitan area, including Waukegan, Illinois.
(2) AUTHORIZATION OF APPROPRIATIONS.—In
addition to the other amounts authorized by this
Act, there are authorized to be appropriated to the
Secretary of Transportation—
(A) for operation and maintenance of the
Coast Guard air search and rescue facility in
Muskegon, Michigan—
(i) $3,252,000 for fiscal year 2000;
and
(ii) $3,252,000 for fiscal year 2001;
(B) for acquisition, construction, and im-
provement of facilities and equipment for the
Coast Guard air search and rescue facility for
Southern Lake Michigan established under
paragraph (1)(B)—
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(i) $8,100,000 for fiscal year 2000;
and
(ii) $13,000,000 for fiscal year 2001;
and
(C) for operation and maintenance of the
Coast Guard air search and rescue facility for
Southern Lake Michigan established under
paragraph (1)(B)—
(i) $5,505,000 for fiscal year 2000;
and
(ii) $4,060,000 for fiscal year 2001.
(3) LIMITATION ON CLOSING OR DOWNSIZING
OTHER
FACILITIES.—The Secretary of Transpor-
tation may not close or downsize any Coast Guard
facility for the purpose of accommodating the capa-
bility required pursuant to paragraphs (1) and (2).
(b) STUDY OF SEARCH AND RESCUE CAPABILITIES
FOR LAKE MICHIGAN.—Not later that 1 year after the
date of the enactment of this Act, the Secretary of Trans-
portation shall study, determine, and report to the Con-
gress the overall aircraft and vessel search and rescue ca-
pability for Lake Michigan, including—
(1) the capability of all Federal, State, and
local government and nongovernment entities that
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perform search and rescue functions for Lake Michi-
gan; and
(2) the adequacy of that overall capability.
(c) PLAN FOR SEARCH AND RESCUE RESPONSE FOR
CHICAGO, ILLINOIS.—Not later than 6 months after the
date of the enactment of this Act, the Secretary of Trans-
portation shall prepare, submit to the Congress, and begin
implementing a comprehensive plan for aircraft and vessel
search and rescue response for Lake Michigan in the vicin-
ity of Chicago, Illinois.
(d) USE OF HELICOPTERS FOR DRUG INTERDIC-
TION.—During the portion of each year when the seasonal
facilities required under subsection (a)(1) are not in oper-
ation, the Secretary of Transportation shall use heli-
copters assigned to those facilities for drug interdiction.
SEC. 205. VESSEL COASTAL VENTURE.
Section 1120(g) of the Coast Guard Authorization
Act of 1996 (Public Law 104–324; 110 Stat. 3978) is
amended by inserting ‘‘COASTAL VENTURE (United
States official number 971086),’’ after ‘‘vessels’’.
SEC. 206. VESSEL PRIDE OF MANY.
Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of
June 19, 1886 (46 App. U.S.C. 289), and section 12106
of title 46, United States Code, the Secretary of Transpor-
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tation may issue a certificate of documentation with ap-
propriate endorsement for employment in the coastwise
trade for the vessel PRIDE OF MANY (Canadian official
number 811529).
SEC. 207. PROHIBITION OF NEW MARITIME USER FEES.
Section 2110(k) of title 46, United States Code, is
amended by striking the last sentence.
SEC. 208. SENSE OF THE CONGRESS REGARDING OIL SPILL
RESPONSE ACTIONS.
It is the sense of the Congress that to ensure that
liability concerns regarding response actions to remove a
discharge of oil or a hazardous substance, or to mitigate
or prevent the threat of such a discharge, do not deter
an expeditious or effective response, the President should
promulgate guidelines as soon as possible under the Oil
Pollution Act of 1990 and other applicable Federal laws
clarifying that a person who is not a responsible party (as
that term is used in that Act) and who takes any response
action consistent with the National Contingency Plan (in-
cluding the applicable fish and wildlife response plan) or
as otherwise directed by the President to prevent or miti-
gate the environmental effects of such a discharge or a
threat of such a discharge should not be held liable for
the violation of fish and wildlife laws unless the person
is grossly negligent or engages in a willful misconduct.
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SEC. 209. VESSEL NORFOLK.
Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883) and section 12106 of title
46, United States Code, the Secretary of Transportation
may issue a certificate of documentation with a coastwise
endorsement for the vessel NORFOLK (United States of-
ficial number 1077852) before January 1, 2001, if—
(1) before that date the vessel undergoes a
major conversion (as defined in section 2101 of title
46, United States Code) in a shipyard located in the
United States; and
(2) the cost of the major conversion is more
than three times the amount the owner of the vessel
paid to purchase the vessel.
SEC. 210. GREAT LAKES LIGHTHOUSES.
(a) FINDINGS.—The Congress finds the following:
(1) The Great Lakes are home to more than
400 lighthouses. 120 of these maritime landmarks
are in the State of Michigan, more than in any other
State.
(2) Lighthouses are an important part of Great
Lakes culture and stand as a testament to the im-
portance of shipping in the region’s political, eco-
nomic, and social history.
(3) Advances in navigation technology have
made many Great Lakes lighthouses obsolete. In
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Michigan alone, approximately 70 lighthouses will be
designated as surplus property of the Federal Gov-
ernment and will be transferred to the General Serv-
ices Administration for disposal.
(4) Unfortunately, the Federal property dis-
posal process is confusing, complicated, and not well-
suited to disposal of historic lighthouses or to facili-
tate transfers to nonprofit organizations. This is es-
pecially troubling because, in many cases, local non-
profit historical organizations have dedicated tre-
mendous resources to preserving and maintaining
Great Lakes lighthouses.
(5) If Great Lakes lighthouses disappear, the
public will be unaware of an important chapter in
Great Lakes history.
(6) The National Trust for Historic Preserva-
tion has placed Michigan lighthouses on their list of
Most Endangered Historic Places.
(b) ASSISTANCE FOR GREAT LAKES LIGHTHOUSE
PRESERVATION EFFORTS.—The Secretary of Transpor-
tation, acting through the Coast Guard, shall—
(1) continue to offer advice and technical assist-
ance to organizations in the Great Lakes region that
are dedicated to lighthouse stewardship; and
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(2) promptly release information regarding the
timing of designations of Coast Guard lighthouses
on the Great Lakes as surplus property, to enable
those organizations to mobilize and be prepared to
take appropriate action with respect to the disposal
of those properties by the Federal Government.
SEC. 211. DRUG INTERDICTION.
(a) VESSEL SHORE FACILITIES.—In addition to
amounts otherwise authorized by this Act, there are au-
thorized to be appropriated to the Secretary of Transpor-
tation $20,000,000 for fiscal year 2000 for the acquisi-
tion, construction, rebuilding, and improvement of shore
facilities for Coast Guard vessels used for drug interdic-
tion operations.
(b) ACQUISITION OF COASTAL PATROL CRAFT.—If
the Department of Defense does not offer, by not later
than September 30, 1999, seven PC–170 coastal patrol
craft for the use of the Coast Guard pursuant to section
812(c) of the Western Hemisphere Drug Elimination Act
(title VIII of division C of Public Law 105–277), there
are authorized to be appropriated to the Secretary of
Transportation, in addition to amounts otherwise author-
ized by this Act, up to $210,000,000 for fiscal years 2000
and 2001 for the acquisition of up to six PC–170 coastal
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patrol craft, or the most recent upgrade of the PC–170
coastal patrol craft, for use by the Coast Guard.
Passed the House of Representatives March 17,
1999.
Attest:
JEFF TRANDAHL,
Clerk.