    [Public Papers of the Presidents of the United States: William J. Clinton (1996, Book II)]
    [October 19, 1996]
    [Pages 1869-1870]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Coast Guard Authorization Act of 1996
    October 19, 1996

        I have today signed into law S. 1004, the ``Coast Guard
    Authorization Act of 1996.'' This Act reaffirms our national resolve to
    maintain a strong Coast Guard presence on our navigable waterways and
    around the world to fight drugs and pollution, preserve life at sea,
    secure our ports, and ensure the vitality of our merchant marine and
    fisheries. This legislation also reaffirms our commitment to the brave
    men and women of the Coast Guard, who not only serve their country so
    well every day, but stand ready to aid in its national defense when
    called.
        This Act will enhance the Coast Guard's ability to accomplish a
    number of important objectives.
        The Act will strengthen drug interdiction by clarifying U.S.
    jurisdiction over vessels in international waters. In particular, the
    Act makes clear that persons arrested in international waters will not
    be able to challenge the arrest on the ground that the vessel was of
    foreign registry unless such claim was affirmatively and unequivocally
    verified by the nation of registry when the vessel was targeted for
    boarding. By eliminating this commonly raised jurisdictional defense,
    the Act strengthens the hand of prosecutors in drug smuggling cases.
        The Act also strengthens the Coast Guard's own anti-drug program for
    maritime employees by authorizing civil penalties of up to $1,000 a day
    for violations of the service's drug-testing regulations.
        The Act reinforces protection of the environment, including
    commercial and Native American subsistence fisheries, from plastic
    pollution and oil spills. It contains needed amendments to the Oil
    Pollution Act's financial responsibility requirements for ``offshore
    facilities,'' which will enable the Federal Government to issue fair and
    workable regulations while ensuring that re-

    [[Page 1870]]

    sponsible parties provide adequate resources to pay for any oil spill-
    related costs. The Act fully preserves the Federal Government's right to
    recover the costs of oil spills from responsible parties.
        The Act also contains new requirements for inspections of vessel
    waste reception facilities and requires additional safety equipment on
    non-self propelled barges. And it simplifies the regulatory structure
    for the Nation's only deepwater oil port without sacrificing safety.
    This port provides a means of transporting oil to the Gulf Coast that is
    environmentally preferable to transferring oil between vessels at sea.
    With these protections, our national fisheries will be better
    safeguarded.
        The Act enhances the competitiveness of the U.S. maritime industry
    by adopting international safety standards for oceangoing vessels when
    such standards are comparable to Coast Guard safety standards. And it
    provides authority to the Coast Guard to take actions that will increase
    safety on the navigable waterways, including authority to provide rescue
    diver training to its helicopter crews and authority to transfer funds
    from the highway program to repair bridges that obstruct navigation.
        Coast Guard efficiency and quality of life are also improved by this
    Act through initiatives for new housing, child development services,
    expanded recycling, health care services, and officer promotion and
    retention.
        One section of the Act, Section 1002, raises a constitutional
    concern. This section establishes a committee empowered to select the
    entities to which certain historic lighthouses will be conveyed. Because
    the committee members will hold a Federal office and because this
    section vests them with significant authority, they must be appointed as
    officers pursuant to the Appointments Clause of the Constitution. The
    Act, however, provides that the Secretary of Transportation ``shall''
    appoint four of the committee's five members from among persons
    recommended or designated by certain Maine officials or organizations.
    The Appointments Clause does not permit such restrictions to be imposed
    upon the executive branch's powers of appointment. Therefore, I will not
    interpret section 1002(d)(3)(A) of the Act as binding, and I direct the
    Secretary of Transportation to regard the designations and
    recommendations arising from it as advisory only.
        In sum, this Act is good legislation that will enhance the ability
    of the United States Coast Guard to live up to its motto--``Semper
    Paratus:'' always ready.

                                                          William J. Clinton

    The White House,

    October 19, 1996.

    Note: S. 1004, approved October 19, was assigned Public Law No. 104-324.