[Congressional Bills 105th Congress]
[From the U.S. Government Printing 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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