[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 820 Referred in Senate (RFS)]

  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 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 
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 necessary 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 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 program; 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 program.
            (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 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;
                            (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 replacement 
                        vessel for the Coast Guard icebreaker MACKINAW.
            (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 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 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 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 Alteration 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 restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operations and maintenance)--
                    (A) for fiscal year 2000, $19,500,000; and
                    (B) for fiscal year 2001, $21,000,000,
        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) 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 student 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 civilian 
        institutions--
                    (A) for fiscal year 2000, 300 student years; and
                    (B) for fiscal year 2001, 300 student years.
            (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 Transportation may issue a certificate of documentation with 
appropriate 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 reimburse the owner of the former Coast 
Guard lighthouse facility at Cape May, New Jersey, for costs incurred 
for clean-up of lead contaminated soil at that facility.

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 following:

``SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DIRECTION OF VESSELS 
              BY COAST GUARD.

    ``(a) Notification of Coast Guard.--Under regulations prescribed by 
the Secretary, a commercial vessel entering the territorial sea of the 
United States shall notify 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 Secretary 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.
            ``(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, security, or 
        environmental protection.
    ``(c) Direction of Vessel.--The Secretary may direct the operation 
of any vessel in the navigable waters of the United States as necessary 
during hazardous circumstances, 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
                    (B) shall establish a new seasonal Coast Guard air 
                search and rescue facility for Southern Lake Michigan 
                to serve the Chicago metropolitan area and the 
                surrounding environment, and operate that facility 
                until at least September 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 improvement 
                of facilities and equipment for the Coast Guard air 
                search and rescue facility for Southern Lake Michigan 
                established under paragraph (1)(B)--
                            (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 Transportation may not close or downsize any 
        Coast Guard facility for the purpose of accommodating the 
        capability 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 Transportation shall study, determine, and report to the 
Congress the overall aircraft and vessel search and rescue capability 
for Lake Michigan, including--
            (1) the capability of all Federal, State, and local 
        government and nongovernment entities that perform search and 
        rescue functions for Lake Michigan; 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 Transportation 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 vicinity of Chicago, 
Illinois.
    (d) Use of Helicopters for Drug Interdiction.--During the portion 
of each year when the seasonal facilities required under subsection 
(a)(1) are not in operation, the Secretary of Transportation shall use 
helicopters 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 Transportation may issue a certificate of documentation with 
appropriate 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 (including the applicable fish and wildlife 
response plan) or as otherwise directed by the President to prevent or 
mitigate 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.

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 
official 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 importance of shipping 
        in the region's political, economic, and social history.
            (3) Advances in navigation technology have made many Great 
        Lakes lighthouses obsolete. In Michigan alone, approximately 70 
        lighthouses will be designated as surplus property of the 
        Federal Government and will be transferred to the General 
        Services Administration for disposal.
            (4) Unfortunately, the Federal property disposal process is 
        confusing, complicated, and not well-suited to disposal of 
        historic lighthouses or to facilitate transfers to nonprofit 
        organizations. This is especially troubling because, in many 
        cases, local nonprofit historical organizations have dedicated 
        tremendous 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 Preservation has placed 
        Michigan lighthouses on their list of Most Endangered Historic 
        Places.
    (b) Assistance for Great Lakes Lighthouse Preservation Efforts.--
The Secretary of Transportation, acting through the Coast Guard, 
shall--
            (1) continue to offer advice and technical assistance to 
        organizations in the Great Lakes region that are dedicated to 
        lighthouse stewardship; and
            (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 authorized to be appropriated to the 
Secretary of Transportation $20,000,000 for fiscal year 2000 for the 
acquisition, construction, rebuilding, and improvement of shore 
facilities for Coast Guard vessels used for drug interdiction 
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 authorized by this Act, up to $210,000,000 for fiscal years 
2000 and 2001 for the acquisition of up to six PC-170 coastal 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.