[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2204 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2204

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

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization 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, Florida.
Sec. 408. Penalty for violation of international safety convention.

                         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.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment 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; 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 purposes of section 1012(a)(5) of the Oil 
        Pollution Act of 1990.
            (3) For research, development, test, and evaluation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission in 
        support of search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, oceanographic research, and 
        defense 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 Liability 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 appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit 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 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 obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Bridge Alteration 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 restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operations and maintenance), $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, 1424 student years; and
                    (B) for fiscal year 1999, 1424 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 civilian 
        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 SEVERANCE 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 amended--
            (1) in paragraph (3), by striking the period at the end and 
        inserting a semicolon;
            (2) in paragraph (4), by redesignating subparagraphs (1) 
        and (2) as subparagraphs (A) and (B), respectively;
            (3) by redesignating paragraphs (a) through (u) 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 subsection:
    ``(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 102 of the Ports and 
Waterways Safety Act (Public Law 92-340; 33 U.S.C. 1222) is amended by 
adding at the end the following:
            ``(5) `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.''.
    (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 
        Presidential Proclamation 5928 of December 27, 1988)'' after 
        ``of the United States''.
            (5) In section 4502(a)(7), by striking ``on vessels that 
        operate on the high seas'' and inserting ``beyond 3 nautical 
        miles from the baseline from which the territorial sea of the 
        United States is measured''.
            (6) In section 4506(b), by striking paragraph (2) and 
        inserting the following:
            ``(2) is operating--
                    ``(A) in internal waters of the United States, or
                    ``(B) within 3 nautical miles from the baseline 
                from which the territorial sea of the United States is 
                measured.''.
            (7) In section 8502(a)(3), by striking ``not on the high 
        seas'' and inserting: ``not beyond 3 nautical miles from the 
        baseline from which the territorial sea of the United States is 
        measured''.
            (8) In section 8503(a), by striking paragraph (2) and 
        inserting the following:
            ``(2) is operating--
                    ``(A) in internal waters of the United States, or
                    ``(B) within 3 nautical miles from the baseline 
                from which the territorial sea of the United States is 
                measured.''.

SEC. 302. PENALTIES FOR INTERFERING WITH THE SAFE OPERATION OF A 
              VESSEL.

    (a) In General.--Section 2302 of title 46, United States Code, is 
amended--
            (1) by amending the section heading to read as follows:
``Sec. 2302. Penalties for negligent operations and interfering with 
              safe operation'';
            and
            (2) in subsection (a) by striking ``that endangers'' and 
        inserting ``or interfering with the safe operation of a vessel, 
        so as to endanger''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 23 of title 46, United States Code, is amended by striking the 
item relating to section 2302 and inserting the following:

``Penalties for negligent operations and interfering with safe 
                            operation.''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.

    Title 46, United States Code, is amended--
            (1) in section 12102(a), by striking ``or is not titled in 
        a State'';
            (2) in section 12301, by adding at the end the following:
    ``(c) A documented vessel shall not be titled or required to 
display numbers under this chapter by a State, and any certificate of 
title issued by a State for a documented vessel shall be surrendered in 
accordance with regulations prescribed by the Secretary.
    ``(d) The Secretary may approve the surrender under subsection (c) 
of a certificate of title covered by a preferred mortgage under section 
31322(d) of this title only if the mortgagee consents.'';
            (3) in section 31322--
                    (A) by amending subsection (b) to read as follows:
    ``(b) Any indebtedness secured by a preferred mortgage that is 
filed or recorded under this chapter, or that is subject to a mortgage 
or instrument that is deemed to be a preferred mortgage under 
subsection (d) of this section, may have any rate of interest to which 
the parties agree.''; and
                    (B) in subsection (d), by amending paragraph (3) to 
                read as follows:
    ``(3) A preferred mortgage under this subsection continues to be a 
preferred mortgage even if the vessel is no longer titled in the State 
where the mortgage or instrument granting a security interest became a 
preferred mortgage under this subsection.''; and
            (4) in section 31325--
                    (A) in subsection (b)(1), by inserting ``a vessel 
                titled in a State,'' after ``a vessel to be documented 
                under chapter 121 of this title,'';
                    (B) in subsection (b)(3), by inserting ``a vessel 
                titled in a State,'' after ``a vessel for which an 
                application for documentation is filed under chapter 
                121 of this title,''; and
                    (C) in subsection (c), by inserting ``a vessel to 
                be documented under chapter 121 of this title,''.

SEC. 402. CONVEYANCE OF COAST GUARD RESERVE TRAINING FACILITY, 
              JACKSONVILLE, FLORIDA.

    (a) In General.--Notwithstanding any other provision of law--
            (1) the land and improvements thereto comprising the Coast 
        Guard Reserve training facility in Jacksonville, Florida, is 
        deemed to be surplus property; and
            (2) the Commandant of the Coast Guard shall dispose of all 
        right, title, and interest of the United States in and to that 
        property, by sale, at fair market value.
    (b) Right of First Refusal.--Before a sale is made under subsection 
(a) to any other person, the Commandant of the Coast Guard shall give 
to the city of Jacksonville, Florida, the right of first refusal to 
purchase all or any part of the property required to be sold under that 
subsection.

SEC. 403. DOCUMENTATION OF CERTAIN VESSELS.

    (a) General Waiver.--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 sections 12106 and 12108 of title 46, 
United States Code, the Secretary of Transportation may issue a 
certificate of documentation with appropriate endorsement for each of 
the following vessels:
            (1) SEAGULL (United States official number 1038605).
            (2) BAREFOOT CONTESA (United States official number 
        285410).
            (3) PRECIOUS METAL (United States official number 596316).
            (4) BLUE HAWAII (State of Florida registration number 
        FL0466KC).
            (5) SOUTHERN STAR (United States official number 650774).
            (6) KEEWAYDIN (United States official number 662066).
            (7) W.G. JACKSON (United States official number 1047199).
            (8) The vessel known as hopper barge E-15 (North Carolina 
        State official number 264959).
            (9) MIGHTY JOHN III (formerly the NIAGARA QUEEN, Canadian 
        registration number 318746).
            (10) MAR Y PAZ (United States official number 668179).
            (11) SAMAKEE (State of New York registration number NY 4108 
        FK).
            (12) NAWNSENSE (United States official number 977593).
    (b) Documentation of Juan Patricio.--
            (1) Authority to document vessel.--
                    (A) In general.--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 Transportation may issue a certificate of 
                documentation with an appropriate endorsement for 
                employment in coastwise trade for the vessel JUAN 
                PATRICIO Argentinean registration number 6449.
                    (B) Condition.--The Secretary may not issue a 
                certificate of documentation for a vessel under 
                subparagraph (A) unless, not later than 90 days after 
                the date of enactment of this Act, the owner of the 
                vessel submits to the Secretary a letter certifying 
                that the owner either--
                            (i) has executed a contract for the 
                        construction in the United States of a 
                        passenger vessel of at least 175 feet in 
                        length; or
                            (ii) intends to execute a contract for 
                        construction in the United States of a 
                        passenger vessel of at least 175 feet in length 
                        before February 1, 1998.
                    (C) Effective date of certification.--A certificate 
                of documentation issued under subparagraph (A) shall 
                take effect on the date of delivery of the vessel to 
                the owner.
            (2) Termination of effectiveness of certificate.--A 
        certificate of documentation issued for the vessel under 
        paragraph (1)(A) shall expire upon the occurrence of any of the 
        following, whichever is earliest:
                    (A) The date of sale of the vessel by the owner.
                    (B) February 1, 1998, if the owner of the vessel 
                made a certification to the Secretary in accordance 
                with paragraph (1)(B)(ii) and a contract for 
construction of a vessel has not been executed.
                    (C) Any date on which the contract referred to in 
                subparagraph (B) is breached, rescinded, or terminated 
                (other than for completion or performance of the 
                contract) by the owner of the vessel referred to in 
                paragraph (1)(A).
                    (D) Two years after the date of issuance.
    (c) Ownership of Vessel PHILADELPHIA.--Notwithstanding section 2 of 
the Shipping Act, 1916 (46 App. U.S.C. 802, 803) and section 
12102(a)(4) of title 46, United States Code, the parent corporation of 
the corporation holding title to the vessel PHILADELPHIA (United States 
official number 654192) on May 3, 1995, is deemed on that date and 
thereafter to be a citizen of the United States for purposes of owning 
corporations whose vessels are eligible for documentation under chapter 
121 of title 46, United States Code, with a coastwise endorsement, if--
            (1) the chief executive officer of the parent corporation 
        is a citizen of the United States;
            (2) the chairman of the board of directors of the parent 
        corporation is a citizen of the United States, and the number 
        of its directors who are noncitizens does not exceed a minority 
        of the number necessary to constitute a quorum;
            (3) the parent corporation meets the stock ownership 
        requirements of section 2 of the Shipping Act, 1916, for 
        operating a vessel in the coastwise trade;
            (4) the corporation holding title is otherwise eligible to 
        own a vessel operated in the coastwise trade; and
            (5) the vessel is otherwise eligible to be operated in the 
        coastwise trade.

SEC. 404. CONVEYANCE OF COAST GUARD FACILITY IN NAHANT, MASSACHUSETTS.

    (a) Authority To Convey.--
            (1) In general.--The Secretary of Transportation may 
        convey, by an appropriate means of conveyance, all right, 
        title, and interest of the United States in and to the property 
        comprising United States Coast Guard Recreation Facility 
        Nahant, Massachusetts, to the town of Nahant, Massachusetts.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine the property to be conveyed 
        under this section.
    (b) Terms and Conditions.--Any conveyance of property under this 
section shall be made--
            (1) without payment of consideration; and
            (2) subject to the terms and conditions the Secretary 
        considers appropriate.

SEC. 405. UNREASONABLE OBSTRUCTION TO NAVIGATION.

    Notwithstanding any other provision of law, the liftbridge over the 
back channel of the Schuylkill River in Philadelphia, Pennsylvania, is 
deemed to unreasonably obstruct navigation for purposes of the Act 
entitled ``An Act to provide for the alteration of certain bridges over 
navigable waters of the United States, for the apportionment of the 
cost of such alterations between the United States and the owners of 
such bridges, and for other purposes'', approved June 21, 1940 (chapter 
409; 33 U.S.C. 511-523), popularly known as the ``Hobbs Bridge Act'' 
and the ``Truman-Hobbs Bridge Act''.

SEC. 406. FINANCIAL RESPONSIBILITY FOR OIL SPILL RESPONSE VESSELS.

    Section 1004(a)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 
2704(a)(2)) is amended by inserting ``including a vessel responding to 
a discharge of substantial threat of a discharge of oil,'' after 
``vessel,''.

SEC. 407. CONVEYANCE OF COAST GUARD PROPERTY TO JACKSONVILLE 
              UNIVERSITY, FLORIDA.

    (a) Authority To Convey.--
            (1) In general.--The Secretary of Transportation may convey 
        to the University of Jacksonville, Florida, without 
        consideration, all right, title, and interest of the United 
        States in and to the property comprising the Long Branch Rear 
        Range Light, Jacksonville, Florida.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine the property to be conveyed 
        under this section.
    (b) Terms and Conditions.--Any conveyance of any property under 
this section shall be made--
            (1) subject to the terms and conditions the Commandant may 
        consider appropriate; and
            (2) subject to the condition that all right, title, and 
        interest in and to property conveyed shall immediately revert 
        to the United States if the property, or any part thereof, 
        ceases to be used by Jacksonville University, Florida.

SEC. 408. PENALTY FOR VIOLATION OF INTERNATIONAL SAFETY CONVENTION.

    (a) In General.--Section 2302 of title 46, United States Code, is 
amended by adding at the end the following new subsection:
    ``(e)(1) A vessel may not transport cargoes sponsored by the United 
States Government if--
            ``(A) the vessel has been detained by the Secretary for 
        violation of an international safety convention to which the 
        United States is a party, and the Secretary has published 
        notice of that detention in an electronic form, including the 
        name of the owner of the vessel; or
            ``(B) the owner of the vessel has had more than one vessel 
        detained by the Secretary for violation of an international 
        safety convention to which the United States is a party, and 
        the Secretary has published notice of that detention in an 
        electronic form, including the name of the owner of the vessel.
    ``(2) The prohibition in paragraph (1) expires for a vessel 1 year 
after the date of the publication in electronic form on which the 
prohibition is based.''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect January 1, 1998.
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