[Weekly Compilation of Presidential Documents Volume 32, Number 43 (Monday, October 28, 1996)]
[Pages 2112-2113]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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 responsible 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.

[[Page 2113]]

    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.