[House Report 106-51]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-51
=======================================================================
COAST GUARD AUTHORIZATION ACT OF 1999
_______
March 11, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 820]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 820) to authorize appropriations
for fiscal years 2000 and 2001 for the Coast Guard, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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.
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 formedical
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.
Purpose of the Bill
The primary purpose of H.R. 820 is to authorize funds for
the United States Coast Guard for fiscal years 2000, and 2001.
Funding is authorized for the following accounts within the
Coast Guard's budget: Operating Expenses; Acquisition,
Construction and Improvement; Research, Development, Test and
Evaluation; Retired Pay; Alteration of Bridges; and
Environmental Compliance and Restoration.
This bill also:
Sets end-of-year strength levels for active duty
military personnel and establishes military training
levels;
Waives certain U.S. coastwise trade laws for a
particular vessel;
Authorizes $99,000 in the Coast Guard's environmental
compliance and restoration of Coast Guard facilities
account to reimburse the owners of the former Coast
Guard lighthouse at Cape May, New Jersey, for costs
incurred for clean-up of lead contaminated soil at the
facility;
Clarifies the requirements for vessels entering the
United States territorial sea and the Coast Guard's
authority over those vessels; and
Requires the Coast Guard to maintain air facilities
at Muskegon, Michigan, and in the area of Chicago,
Illinois.
Background
The United States Coast Guard, established in 1915 as part
of the Department of the Treasury, is responsible for
performing Federal functions that trace their beginnings back
to the founding of this country. The Coast Guard assumed the
duties of five previously established agencies: the Lighthouse
service, established in 1789; the Revenue Cutter Service,
established in 1790; the Steamboat Inspection Service,
established in 1838; the Life-Saving Service, established in
1848; and the Bureau of Navigation, established in 1884.
The Coast Guard remained a part of the Department of
Treasury until 1967, when it was transferred to the newly
created Department of Transportation.
Today's Coast Guard has primary responsibility for the
promotion of safety of life and property at sea; the
enforcement of all applicable Federal laws on, over, and under
the high seas and United States waters; the maintenance of aids
to navigation, the protection of the marine environment;
icebreaking activities; and the safety and security of vessels,
ports, waterways, and their related facilities.
As a military service and a branch of the Armed Forces, the
Coast Guard also maintains a readiness to operate as a
specialized service in the Navy upon the declaration of war or
when the President directs. The Coast Guard has defended our
Nation in every war since 1790, including the 1990-1991
conflict in the Persian Gulf. -
The Coast Guard's legal responsibilities have expanded
enormously over the past 20 years. Many of the laws the Coast
Guard administers are codified in subtitle II of title 46,
United States Code. Beyond the broad responsibilities described
above, the Coast Guard enforces the following laws:
The Western Hemisphere Drug Elimination Act, which provides
a three-year increase of Coast Guard drug interdiction
resources to respond to the illegal drug threat facing our
country. -
The Anti-Drug Abuse Acts of 1986 and 1988, which expand the
Coast Guard's role in waterborne and airborne marine drug
interdiction.
The Maritime Drug Law Enforcement Act, which authorizes the
Coast Guard to search and seize any vessel that is
manufacturing, distributing, or possessing with the intent to
manufacturer or distribute, any controlled substance in the
United States.
The Deepwater Port Act of 1974, which directs the Coast
Guard to oversee offshore oil port operation and construction.
The Port and Waterways Safety Act of 1974, which directs
the Coast Guard to ensure port and merchant vessel safety.
The Port and Tanker Safety Act of 1978, which authorizes
the Coast Guard to inspect foreign tankers, evaluate crew
standards, and monitor offshore lightering activities in U.S.
waters.
The Omnibus Diplomatic Security and Antiterrorism Act of
1986, which requires the Coast Guard to maintain and improve
port, harbor, and coastal facilities security.
The Federal Boating Safety Act of 1971, which authorizes
the Coast Guard to prescribe standards for the manufacture of
pleasure boats and associated equipment.
The Recreational Boating Safety and Facilities Improvement
Act of 1980, which establishes the Recreational Boating and
Facilities Improvement Fund, which the Coast Guard uses to
promote recreational boating safety and access through a state
grant program.
The Federal Water Pollution Control Act of 1972 (popularly
known as the Clean Water Act), which requires the Coast Guard
to regulate discharges of oil and sewage from vessels.
The Oil Pollution Act of 1990 (OPA 90), which expands the
Coast Guard's authority over oil spills, and establishes a
comprehensive regime for oil spill compensation, liability,
response, and research and development.
The Marine Protection, Research and Sanctuaries Act of
1972, which gives the Coast Guard enforcement authority over
ocean dumping and marine sanctuaries.
The Act to Prevent Pollution from Ships, which requires the
Coast Guard to administer and enforce international
environmental pollution agreements through vessel and port
certification and inspections.
The Marine Plastic Pollution Research and Control Act of
1987, which requires the Coast Guard to enforce prohibitions on
the disposal of plastic materials and other garbage at sea and
to establish regulations for vessel waste management.
The Hazardous Materials Transportation Act, which requires
the Coast Guard to enforce safety standards for the waterborne
transportation of hazardous materials.
The Intervention on the High Seas Act, which authorizes the
Coast Guard to intervene in situations involving pollution
discharges on the high seas that pose a threat to the United
States and its territorial waters.
The Fishery Conservation and Management Act of 1976, which
assigns joint responsibility to the Coast Guard and the
National Marine Fisheries Services to enforce U.S. fisheries
laws within the 200-mile Exclusive Economic Zone of the United
States.
The Outer Continental Shelf Lands Act Amendments of 1978,
which authorizes the Coast Guard to enforce environmental and
safety regulations governing oil and gas development activities
on the outer Continental Shelf.
The National Invasive Species Act of 1996, which amends the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 to strengthen and improve the nation's response to threats
posed by aquatic nuisance species.
Committee Action
On February 11, 1999, the Subcommittee on Coast Guard and
Maritime Transportation held a hearing on the Administration's
fiscal year 2000 budget request for the United States Coast
Guard. The Subcommittee received testimony from Admiral James
M. Loy, Commandant, U.S. Coast Guard; Vincent Patton, III,
Master Chief Petty Officer, U.S. Coast Guard; and John H.
Anderson, Jr., Issue Area Director, Transportation Issues,
General Accounting Office.
In his testimony, Admiral Loy expressed his support of the
President's fiscal year 2000 budget request and explained the
three principal themes of the budget request. The Admiral
stated his belief that the fiscal year 2000 budget request
permits the continuation of the basic Coast Guard services
currently enjoyed by the American people, addresses the Coast
Guard's readiness needs by funding pay and personnel
initiatives for recruiting, and provides funds both to operate
the capital assets provided in the fiscal year 1999 emergency
supplemental appropriations act and expands the Coast Guard's
drug interdiction activities.
Admiral Loy also discussed the importance of modernizing
the Coast Guard's older technology, including sensors, ships,
and aircraft. The Coast Guard's Integrated Deepwater System
acquisition project is the agency's major recapitalization
effort of the next ten years. The Admiral further mentioned
that the Coast Guard's National Distress System, the coastal
maritime distress communications network, is in dire need of
modernization, and that the budget will provide funding to
begin updating Coast Guard communications and recording
equipment and the specific capability to locate vessels in
distress by shore-based radio direction finding. This project
will help to enhance the Coast Guard search and rescue
readiness by keeping America's commercial and recreational
mariners safe.
Master Chief Petty Officer Vincent Patton, who represents
the 42,000 Coast Guard reserve and active-duty enlisted
personnel, stated that he believes there are four common areas
of concern among Coast Guard enlisted personnel. These areas
include housing, family health care, pay and benefits, and
workforce shortages. Master Chief Patton stated that the new
Basic Allowance for Housing (BAH) program often fails to meet
the financial needs of Coast Guard enlisted members and that
Congress should provide additional funding for this important
program. He also explained the problems enlisted families have
with the Department of Defense's TRICARE health program, which
often does not cover the entire cost of health care in certain
parts of the country. He explained that the shortage of Coast
Guard personnel has brought on an alarming increase in workload
that is dramatically affecting certain Coast Guard member's
quality of life.
John Anderson, Director of Transportation Issues, at the
General Accounting Office (GAO), testified about several Coast
Guard issues which his agency has been investigating. He
discussed the Coast Guard's progress in justifying its
Deepwater Replacement Project and addressing the GAO's concerns
about the project's affordability, the Coast Guard's plans for
spending its fiscal year 1999 emergency funds, and the budget
strategies the agency may have to consider in the future to
address continuing budget constraints.
Mr. Anderson concluded that while the Coast Guard has made
progress in addressing GAO's concerns about the justification
and affordability of the Deepwater Project, additional work is
needed to sufficiently justify the project. He further noted
that the Coast Guard will obligate 78 percent of the $377
million in emergency funds that it received in fiscal year 1999
emergency appropriations during the current fiscal year.
Finally, the GAO reported that additional Coast Guard cost-
cutting measures to improve efficiency are possible, and that
the Coast Guard should renew its efforts in this area.-
On February 24, 1999, the Subcommittee on Coast Guard and
Maritime Transportation met to mark up a Discussion Draft of
the Coast Guard Authorization Act of 1999. The Subcommittee
considered one amendment to the Discussion Draft which was
offered by Mr. DeFazio. The amendment clarifies the
requirements for vessels entering the United States territorial
sea and the Coast Guard's authority over those vessels.
Currently, a vessel must provide notice to the local Coast
Guard Captain of the Port 24 hours before entering a port of
the United States. This amendment requires a vessel to give the
Coast Guard 24 hours notice before entering the territorial
waters (12 miles off the coast) of the United States. Mr.
DeFazio's amendment also clarifies current Coast Guard
authority to direct the movement of a vessel during hazardous
circumstances, including when a pilot required by State or
Federal law is not on board the vessel. The DeFazio amendment
was agreed to by voice vote. The Discussion Draft bill, as
amended, was ordered reported to the full Committee by voice
vote in the presence of a quorum.
The Discussion Draft bill, as amended by the Subcommittee,
was introduced as H.R. 820 by Chairman Shuster on February 24,
1999, with Mr. Oberstar, Mr. Gilchrest, and Mr. DeFazio as
cosponsors. The bill was referred to the Committee on
Transportation and Infrastructure.
On March 11, 1999, the Transportation and Infrastructure
Committee met to consider H.R. 820. The Committee considered
one amendment to H.R. 820 which was offered by Mr. Ehlers. The
amendment requires the Coast Guard to maintain the air search
and rescue facility at Muskegon, Michigan, until September 30,
2001, and to establish a new air search and rescue facility in
the Chicago, Illinois, area until September 30, 2001. The
amendment also authorizes additional funds to establish and
operate the air facilities and requires the Coast Guard to
study search and rescue capabilities for Southern Lake
Michigan. The amendment passed by voice vote.
H.R. 820, as amended by the Committee, was ordered reported
to the House of Representatives by a voice vote in the presence
of a quorum.
Section-by-Section Analysis
SECTION 1. SHORT TITLE
This section states that the Act may be cited as the Coast
Guard Authorization Act of 1999.
TITLE I--AUTHORIZATIONS
SECTION 101. AUTHORIZATION OF APPROPRIATIONS
The Administration requests approximately $4.2 billion for
fiscal year 2000, to fund Coast Guard programs and activities,
of which approximately $4.1 billion requires an authorization.
This funding level is approximately $117 million less than the
amounts appropriated for these programs in fiscal year 1999,
but it is $168 million more than the President's fiscal year
1999 request.
Section 101 of this draft bill authorizes approximately
$4.6 billion for Coast Guard programs and activities in fiscal
year 2000. This includes the amounts requested by the
President, with an additional $380 million for Coast Guard drug
interdiction activities (consistent with the provisions of the
Western Hemisphere Drug Elimination Act) , $3 million to
complete the design of a replacement for the Coast Guard Great
Lakes icebreaker Mackinaw, $1.5 million to expand the
commercial fishing vessel safety program, and $100 million to
accelerate the national distress and response system
modernization project. Section 101 also authorizes $4.8 billion
for Coast Guard programs in fiscal year 2001.
The authorization levels contained in this draft bill for
the Coast Guard in fiscal year 2000 and 2001 are as follows:
[In millions of dollars]
------------------------------------------------------------------------
President's
FY2000 T&I FY2000 T&I FY2001
request authorized authorized
------------------------------------------------------------------------
Operating Expenses-.............. $2,941 $3,084 $3,208
Acquisition, Construction & 350 691- 792
Improvement.....................
Environmental Compliance & 19- 19- 21
Restoration.....................
Research, Development, Test & 22 22- 19
Evaluation......................
Alteration of Bridges............ 0- 11- 11
Retired Pay...................... 730- 730- 785
--------------------------------------
Total...................... $4,062 $4,557 $4,836
------------------------------------------------------------------------
Operating expenses
Section 101(1) of H.R. 820 authorizes $3.08 billion for
Coast Guard operating expenses for fiscal year 2000. This is
the amount requested by the President, with an additional $142
million for illicit drug interdiction operations, and an
additional $1.5 million for Coast Guard fishing vessel
examiners. This subsection also requires that no less than $663
million of the operating expense account be available for
expenses related to drug interdiction. It further requires that
$5.5 million be available for the Coast Guard commercial
fishing vessel safety program to insure that the Coast Guard
has adequate funding available for additional personnel to
perform voluntary safety examinations of commercial fishing
vessels. These voluntary examinations help protect the lives of
commercial fishermen who work in one of the most dangerous
occupations in the country.
Section 101 also authorizes $3.21 billion for Coast Guard
operating expenses for fiscal year 2001. This amount includes
the level requested by the President in fiscal year 2000, plus
a four percent inflation adjustment, an additional $148 million
in Operating Expenses for the continuation of drug interdiction
activities begun in fiscal year 2000, and $1.5 million for the
continuation of the increased Coast Guard effort to provide
voluntary commercial fishing vessel safety examinations.
The Administration's budget request for the Operating
Expenses (OE) account in fiscal year 2000 is $2.941 billion, an
increase of $125 million (4.4 percent) over the fiscal year
1999 appropriated level, to fund continued operation and
maintenance of a wide range of multi-mission vessels, aircraft,
shore units, and aids-to-navigation.
The following table illustrates how the fiscal year 2000
Coast Guard OE account is allocated among missions compared to
the fiscal year 1998 allocation and fiscal year 1999 estimates:
------------------------------------------------------------------------
(Actual) (Planned) (Planned)
percent of percent of percent of
OE in FY98- OE in FY99- OE in FY00
------------------------------------------------------------------------
Drug Interdiction-............... 16.6- 17.2- 17.7
Search and Rescue-............... 12.7- 11.6- 11.6
Aids to Navigation/Ice Operations- 19.3- 19.8- 19.2
................................
Defense Readiness-............... 2.5- 2.1- 2.1
Marine Environmental Protection-. 11.0- 11.5- 11.5
Other Law Enforcement-........... 2.6- 2.5- 2.4
Marine Transportation Safety-.... 14.2- 13.6- 13.7
Fisheries Law Enforcement-....... 16.8- 16.3- 16.3
Migrant Interdiction -........... 4.3- 5.4- 5.5
------------------------------------------------------------------------
The Coast Guard's Operating Expense account request
includes an additional $99.4 million for enhanced Coast Guard
personnel entitlements. These additional personnel costs
include the fiscal year 2000 pay raise of 4.4 percent, Coast
Guard inclusion in new Department of Defense entitlements,
escalating health care costs, and the annualization of past pay
raises. The President has requested $38 million to operate new
Coast Guard facilities during fiscal year 2000 which includes
$15 million to operate seven newly-constructed coastal buoy
tenders and $539,000 for additional personnel to operate the
newly established Vessel Traffic Service in New Orleans. The
budget also includes $600,000 to conduct major maintenance to
ensure continued operation of the Coast Guard ice breaker
Mackinaw until its retirement. -
The President's request also calls for operating expense
reductions of $50 million. These reductions include $16 million
for the decommissioning of eight aging buoy tenders slated for
replacement in fiscal year 2000 and millions of dollars in
savings from capital investment in new technology and
management efficiencies. The Coast Guard also plans to close
two small Coast Guard air facilities, Air Facility Long Island,
New York, and Air Facility Muskegon, Michigan. In addition,
recent fuel price reductions will save the Coast Guard
approximately $10 million in fiscal year 2000.
Drug interdiction
The President's fiscal year 2000 budget request includes an
increase of $46 million in the Coast Guard's operating expense
budget to allow the Coast Guard to operate the Coast Guard drug
interdiction assets which were acquired with funds provided in
the fiscal year 1999 supplemental appropriations act. This
includes funds to operate six additional coastal patrol boats
in the Caribbean and other illicit drug maritime transit zone
areas. The additional fiscal year 2000 drug funding would also
allow the Coast Guard to operate three maritime patrol aircraft
and eight deployable pursuit boats in the drug transit zones.
Title VIII of the Omnibus Consolidated Appropriations Act,
P.L. 105-277, contains the Western Hemisphere Drug Elimination
Act. This legislation authorizes billions of dollars in funding
during fiscal years 1999, 2000, and 2001 for the U.S. Customs
Service, the U.S. Coast Guard, the Department of Defense, the
Department of State, the U.S. Agency for International
Development, the Department of Agriculture, and the Drug
Enforcement Administration to enhance their current drug
interdiction programs as well as establish new interdiction and
source country programs.
In order to fully implement the Western Hemisphere Drug
Elimination Act, this bill authorizes an additional $142
million in operating expenses for fiscal year 2000 and $148
million in operating expenses for fiscal year 2001. These
increased funds will allow the Coast Guard to operate 15
additional Coastal Patrol Boats (for a total of 65 coastal
patrol boats), a regional law enforcement training center in
San Juan, Puerto Rico, several maritime patrol aircraft, two
medium to high endurance cutters, six medium endurance cutters,
and seven PC-170 vessels which the Coast Guard is expected to
receive from the U.S. Navy.
The Committee is concerned that the level of Coast Guard
drug interdiction has fallen well below what is necessary to
effectively fight the War on Drugs. The Committee believes that
the $46 million increase in drug interdiction resources
requested by the President is not adequate to respond to the
alarming level of teenage drug use in this country.
The Committee is convinced by recent evidence that
effective drug interdiction raises the street price of drugs,
driving drug use down. Federal programs that get at the problem
before the drugs arrive in this country by sea and air routes
only account for about twelve percent of the President's
Federal drug spending budget of about $15 billion. Working with
foreign nations, these expenditures result in the seizure of
about a third of the world's illicit drug production. Some
experts doubt that relationship exists between drug seizures
and price on the street, a correlation expected from the law of
supply and demand. To examine this issue, the President
commissioned a study about the effectiveness of cocaine
interdiction from the Institute for Defense Analysis. The
study,released last year, found a clear, strong link between
supply disruptions and rising street prices for cocaine in the United
States. When street prices rise, use falls, especially among casual
users. The Committee believes that the results of this study are
especially significant as we focus on ways to eliminate teenage drug
use. The Committee has concluded that the level of drug interdiction
provided in this bill will ensure that sufficient Federal resources are
devoted to this critical mission to fight and win the War on Drugs.
Convention for Safe Containers
The Committee is aware of ongoing negotiations between the
U.S. Coast Guard and U.S. onion exporters regarding compliance
with the Convention for Safe Containers. The Committee
encourages the Coast Guard to make every effort to arrive at a
safe but economical solution to this matter. Above all, the
Committee is concerned that compliance with the Convention for
Safe Containers not result in reducing onion exports from the
United States.
Coast Guard ground vehicles in South Texas
The Coast Guard needs dependable and efficient ground
vehicles to conduct drug interdiction beach patrols in South
Texas. The Committee is aware of concerns about the current age
and condition of the Blazers the Coast Guard is using to
conduct these operations and believes that the Coast Guard
should assign more modern and mission capable vehicles to this
duty.
Air Station Cape Cod
Air Station Cape Cod is located on the Massachusetts
Military Reservation (MMR), where the Commonwealth of
Massachusetts is developing a long term master plan to guide
future improvements at the base, including the development and
protection of long-term water supplies for Air Station Cape
Cod, other base tenants, and local communities.
The Coast Guard is directed to revise its own master plan
for Air Station Cape Cod, to assess the feasibility of locating
or consolidating other operations from within the First
District at Air Station Cape Cod or within the MMR, and to
reassess long term property and management requirements to best
serve the interest of the Coast Guard at Air Station Cape Cod.
Marine electrical cable
It has been brought to the Committee's attention that the
Coast Guard has accepted standards for marine electrical cable
different from the standards contained in the Code of Federal
Regulations and that this was done without giving the affected
U.S. manufacturers the opportunity for notice and comment
through the regulatory process. The Committee believes that the
Coast Guard should undertake a formal rulemaking process before
deciding whether IEC 92-350/353, IEEE Std. 45 [1998 edition],
and UL 1309 are approved for use.
Acquisition, construction, and improvements
Section 101(2) of this bill authorizes $691 million in
fiscal year 2000 for the Coast Guard's acquisition,
construction, and improvement (AC&I) account. This amount
includes the President's AC&I request with an additional $238
million for drug interdiction assets, $3 million for the design
study for the Mackinaw icebreaker replacement project, and $100
million to speed up the Coast Guard's new National Distress
System Modernization Project. Specifically, this subsection
also requires the Coast Guard to spend not less than $280
million of the AC&I authorization for expenses related to drug
interdiction, that $100 million shall be available for
modernization of the national distress response system, and
that $3 million shall be available for completion of the design
of a replacement vessel for the Coast Guard icebreaker
Mackinaw.
Section 101(2) also authorizes $792 million for the Coast
Guard's AC&I account for fiscal year 2001. This amount includes
the President's AC&I funding baseline with an additional $189
million for drug interdiction assets, $128 million to construct
the Mackinaw Great Lakes icebreaker replacement, and $110
million to speed up the procurement of the Coast Guard's new
National Distress System Modernization Project. Specifically,
this subsection also requires that not less than $233 million
shall be available for AC&I expenses related to drug
interdiction, that $110 million shall be available for
modernization of the national distress response system, and
that $128 million shall be available for construction or
acquisition of a replacement vessel for the Coast Guard
icebreaker Mackinaw.
The Coast Guard icebreaker Mackinaw was launched on March
4, 1944, to meet the needs of the United States to keep our
steel industry supplied with sufficient iron ore, limestone,
and coal. Today, the Mackinaw continues to provide for our
nation's economic and national security by allowing cargo ships
to sail later into the winter and begin their spring movements
earlier. U.S.-flag lake carriers move nearly 58 million tons of
iron ore, 23 million tons of stone, such as limestone, and 20
million tons of coal each season. In addition millions of tons
of these commodities and agricultural produce are exported
through the Great Lakes and the St. Lawrence Seaway.
H.R. 820 authorizes $3 million dollars for fiscal year 2000
to fund a design competition for the replacement vessel for the
Mackinaw. The Coast Guard estimates that there will be $2.5 to
$3 million left over from the $5.3 million appropriated for
fiscal year 1999 to complete the conceptual design for the
replacement vessel. Therefore, $5.5 to 6 million will be
available for the design competition. H.R. 820 also authorizes
$128 million in fiscal year 2001 to fund the construction of
multi-missioned icebreaker to replace the Mackinaw. This vessel
will be able to tend buoys during the Spring, Summer and Fall
seasons and provide icebreaking services during the winter. The
Committee believes that supporting the Great Lakes icebreaking
mission of the Coast Guard is as important as supporting the
Deepwater replacement project, whichprovides for the Coast
Guard's capital replacement for vessels and aircraft operating more
than 50 miles at sea from the Atlantic, Gulf, and West Coasts of the
United States. H.R. 820 strikes the proper balance between the needs of
the Great Lakes and our coastal waters.
The Administration has requested an appropriation of $350.3
million, a $275 million (44 percent) decrease relative to the
amount appropriated in fiscal year 1999, to build and improve
the Coast Guard's vessel, aircraft and boat fleets, shore
facilities, and information management resources. The
Administration assumes that the Coast Guard's Acquisition,
Construction and Improvements account would include $41 million
in an unspecified navigation user fee. If authorized by
Congress, these new navigation user fees would reduce the
appropriation to the AC&I account by the amount collected. If
no user fee is authorized, the full $350 million for the AC&I
account is proposed to be appropriated from the General Fund.
Details of this controversial proposal have not been released.
A broad coalition of ship operators, maritime labor
representatives, and shippers is strongly opposed to a
navigation user charge. The Committee does not support the
proposed navigation user charge.
Authority exists for the head of a Federal agency to
establish charges for services or things of value provided by
the agency under the User Charge Statute, section 9701 of title
31, United States Code. That authority allows charges to be
established administratively in narrow, specific circumstances,
and only when involving specific charges for specific services
to specific individuals or companies. Many believe that an
attempt to administratively collect fees from vessel operators
for general aids to navigation in U.S. ports and waterways
would exceed the authority of agency heads to establish charges
under the User Charge Statute. Supreme Court decisions on the
User Charge Statute have held that charges that are simply
``revenue raisers'' are actually taxes, and must be based on
specific statutory authority. The Coast Guard currently
collects legitimate user fees for the specific services it
provides to specific individuals, including ship inspections,
licensing of and issuance of documents to merchant mariners and
documentation of vessels.
Section 207 of the Coast Guard Authorization Act of 1998
prohibits the Secretary of Transportation from establishing any
fee of this type before September 30, 2001.
The fiscal year 2000 request includes $166 million for two
seagoing buoy tenders, twenty additional motor life boats and
other vessel projects; $22 million for upgraded sensors and
avionics on Coast Guard helicopters and fixed wing aircraft;
$54 million for enhancement to Coast Guard information systems,
National Distress System, and commercial satellite
communication system; and $56 million for renovations and
improvements to Coast Guard facilities. Funding of $44 million
is also included in the Coast Guard's AC&I budget for the
deepwater capability replacement analysis, in support of
recapitalization of the Coast Guard's large cutters and
aircraft assets to begin in 2002.
The Committee increased the President's AC&I request for
fiscal year 2000 in three specific areas. The first would allow
the Coast Guard to construct 15 coastal patrol boats for $81
million, establish a regional law enforcement training center
in San Juan, Puerto Rico, for $4 million, obtain maritime
patrol aircraft for $17 million, obtain two medium or high
endurance cutters for $36 million, and begin construction of
six medium endurance cutters for $100 million. These assets
would allow the Coast Guard to execute its role under the
Western Hemisphere Drug Elimination Act, Public Law 105-277,
which was enacted last year by Congress.
The second increase for AC&I provides the Coast Guard with
an additional $3 million to perform a design study for the
Mackinaw ice breaker replacement project.
The third increase provides an additional $100 million to
speed up the Coast Guard's modernization of our National
Distress System, compressing the Administration's five year
modernization project into two years. The Committee believes
that finishing this project three years early is critical to
improving the ability of mariners in distress to notify the
Coast Guard when they are in trouble. The National Distress
System, the coastal maritime distress communications system, is
in dire need of modernization. Much of the equipment is
obsolete. Communications technology is readily available that
would give the Coast Guard the capability to save additional
lives. Full funding of this important project will help the
Coast Guard enhance its search and rescue readiness, keeping
America's commercial and recreational mariners safe, and
increasing the Coast Guard's ability to save lives, such as
those that were tragically lost aboard the sailing vessel
Morning Dew off the coast of South Carolina and the fishing
vessel Adriatic off the New Jersey coast.
The Committee also authorizes $792 million for the Coast
Guard's fiscal year 2001 AC&I account. This includes $189
million to complete the purchase of six medium endurance
cutters begun in fiscal year 2000, $128 million to construct
the Mackinaw ice breaker replacement, and $110 million to
complete the Coast Guard's National Distress System
Modernization Project.
Research and development
Section 101(3) authorizes $21.7 million for Coast Guard
research and development for fiscal year 2000 and $23 million
for fiscal year 2001. This is the level requested by the
President for Coast Guard Research and Development for fiscal
year 2000. The amount authorized for fiscal year 2001 includes
improved fire safety measures for tank vessels, risk-based
planning and management, ballast water management, law
enforcement (nonlethal force and concealed spaces), mobile
communications systems, and video training systems. These
research and development funds support the development of
techniques, methods, research, hardware, systems, and planning
to improve the productivity of existing Coast Guard missions.
Retired pay
Section 101(4) authorizes $730 million in fiscal year 2000
and $785 in fiscal year 2001 for Coast Guard retired pay. These
funds provide annuities and medical care forretired military
personnel and former Lighthouse Service members, their dependents, and
survivors.
Alteration of bridges
The Bridge Alteration program provides the Federal
government's share of the costs for altering or removing
bridges determined to be obstructions to navigation. Currently,
under the Truman-Hobbs Act of 1940, (33 U.S.C. 511 et seq.),
the Coast Guard shares, with the bridge owner, the cost of
altering railroad and publicly-owned highway bridges which
obstruct the free movement of vessel traffic.
The Administration recommends that funding for the
alteration of obstructive highway and railroad bridges be
provided from the Federal Aid Highways program. Under the
proposal, the Secretary would make available $11 million in
fiscal year 2000 for the alteration of railroad and highway
bridges which have been determined to be unreasonable
obstructions to navigation. The Coast Guard would continue to
administer the program.
Section 101(5) of H.R. 820 authorizes $11 million in fiscal
year 2000 and $11 million in fiscal year 2001 for the Coast
Guard's current bridge program. The fiscal year 2000
authorization includes funds to continue the replacement of the
Sidney Lanier Bridge in Brunswick, Georgia, the Florida Avenue
Bridge in New Orleans, Louisiana, and the Chelsea Bridge in
Boston.
Environmental compliance
Section 101(6) authorizes $19.5 million for fiscal year
2000 to mitigate environmental problems resulting from the
operation of former and current Coast Guard facilities, and to
ensure that Coast Guard facilities are in compliance with
applicable environmental laws and regulations. This is the
amount requested by the President. Section 101 further
authorizes $21 million for environmental compliance and
restoration in fiscal year 2000.
section 102. authorized levels of military strength and training
This section authorizes 40,000 Coast Guard active duty
military personnel at the end of fiscal year 2000, and 44,000
active duty military personnel at the end of fiscal year 2001.
This is an increase (primarily for drug interdiction) over the
level of 38,159 active duty military personnel requested by the
President.
TITLE II--MISCELLANEOUS
section 201. vessel not a shot
Section 201 authorizes the Secretary of Transportation to
issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the
vessel Not a Shot. The vessel Not a Shot, U.S. official number
911064, is a 32 foot vessel for which no information concerning
the place of construction is available. The owner believes that
the vessel was built in the U.S. in 1978. The vessel owner
plans to employ the vessel in conducting commercial fishing
tours.
section 202. costs of cleanup of cape may lighthouse
Section 202 of this bill authorizes the Coast Guard to
spend $99,000 to reimburse the owners of the Cape May
Lighthouse, formerly a Coast Guard facility, for the cleanup of
lead contaminated soil at the lighthouse.
section 203. clarification of coast guard authority to control vessels
in territorial waters of the united states
Section 203 amends the Port and Waterways Safety Act to
require all vessels entering the 12 mile territorial sea of the
United States to provide notice to the Coast Guard 24 hours
before entering those waters. Current Coast Guard regulations
require these vessels to provide 24 hours notice before
entering a port or place in the United States. This section
also clarifies that the Coast Guard has the authority to direct
the safe operations of all vessels in the 12 mile territorial
sea and other navigable waters of the United States during
hazardous circumstances such as when a pilot is not on board
the vessel.
After the recent accident involving the New Carissa
grounding in Oregon, the Committee agrees that the Coast Guard
should be given earlier notice of vessels arriving in our
territorial waters and that the Coast Guard should take an
active role in directing vessel movements during hazardous
times on a vessel. This may include making recommendations to
the ship's master on customarily safe procedures for a given
area, such as continuing to be underway until a pilot can
safely board the ship, or on steps that should not be taken
such as anchoring in unsafe or environmentally sensitive areas.
The Coast Guard should assume that a ship entering the U.S.
territorial sea without a pilot on board who is familiar with
local waters is in need of supervision to ensure it's safe
passage rather than waiting for the ship to call in to request
additional information on customary practices in these waters.
section 204. coast guard air search and rescue facilities for lake
michigan
Section 204 of this bill requires the Coast Guard to
maintain search and rescue air facilities at Muskegon,
Michigan, until September 30, 2001, and also in the area of
Chicago, Illinois, until September 30, 2001. This amendment
authorizes additional funds to establish and operate the air
facilities and requires the Coast Guard to study search and
rescue capabilities for Southern Lake Michigan. Finally, the
amendment requires the Secretary of Transportation, within six
months of the bill's enactment, to prepare andbegin
implementing a comprehensive plan for aircraft and vessel search and
rescue response for Lake Michigan in the vicinity of Chicago, Illinois.
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee on Transportation and Infrastructure's oversight
findings and recommendations are reflected in the body of this
report.
Cost of the Legislation
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred by enactment of
H.R. 820. However, clause 3(d)(2) of that Rule provides that
this requirement does not apply when the Committee has included
in its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
Constitutional Authority Statement
Article 1, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Congressional Budget Act. With respect to the
requirements of clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a) of the
Congressional Budget Act of 1974, H.R. 820 does not contain any
new budget authority, spending authority, credit authority, or
an increase or decrease in revenues or tax expenditures.
2. Government Reform Oversight Findings. With respect to
the requirement of clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the Committee has received no
report of oversight findings and recommendations from the
Committee on Government Reform and Oversight on the subject of
H.R. 820.
3. Congressional Budget Office Cost Estimate. With respect
to the requirement of clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 820 from the Director of
the Congressional Budget Office.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 11, 1999.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 820, the Coast
Guard Authorization Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Dan L. Crippen, Director.
Enclosure.
H.R. 820--Coast Guard Authorization Act of 1999
Summary: H.R. 820 would authorize appropriations totaling
$7.9 billion for discretionary programs of the U.S. Coast Guard
(USCG) for fiscal years 2000 and 2001. For 2000, the bill would
authorize about $3.8 billion, including about $3.1 billion for
operating expenses, $691 million for acquisition and other
capital projects, $22 million for research activities, $11
million for bridge alterations, and $19.5 million for
environmental compliance. For 2001, the bill would authorize
$4.1 billion, including $3.2 billion for operations, $792
million for capital projects, $23 million for research, $11
million for bridge alterations and $21 million for
environmental compliance. Of the amounts authorized for each
year, $48.5 million would be derived from the Oil Spill
Liability Trust Fund (OSLTF). H.R. 820 also would authorize the
appropriation of $730 million and $785 million for retirement
benefits in 2000 and 2001, respectively.
H.R. 820 contains no integovermental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would have no impact on the budgets of state, local, or
tribal governments.
Estimated cost to the Federal Government: Assuming
appropriation of the entire amounts authorized for
discretionary programs, fiscal year 2000 funding would be $305
million (or 9 percent) more than the 1999 appropriation.
Funding for 2001 would grow by an additional 6 percent. The
estimated budgetary effects of the legislation are summarized
in the following table. The costs of this legislation fall
within budget functions 300 (natural resources and environment)
and 400 (transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal years, in millions of dollars--
-----------------------------------------------------------------
1999 2000 2001 2002 2003 2004
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
USCG Spending Under Current Law:
Budget Authority/Authorization Level\1\... 3,540 29 29 0 0 0
Estimated Outlays......................... 3,276 911 376 180 57 20
Proposed Changes:
Authorization Level....................... 0 3,816 4,047 0 0 0
Estimated Outlays......................... 0 2,609 3,405 1,003 449 205
USCG Spending Under H.R. 820:
Authorization Level\1\.................... 3,540 3,845 4,076 0 0 0
Estimated Outlays......................... 3,276 3,520 3,781 1,183 506 225
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 level is the amount appropriated for that year.
Amounts provided in the bill for Coast Guard retirement
have not been included in the above table because such pay is
an entitlement under current law, requiring no annual
authorization of appropriations.
Basis of estimate: For purposes of this estimate, CBO
assumes that H.R. 820 will be enacted fiscal year 1999, and
that the full amounts authorized for USCG programs will be
appropriated for each fiscal year.
The additional authorizations for 2000 and 2001 are the
amounts stated in the bill for discretionary accounts,
excluding $28.5 million of the $48.5 million to be derived from
the OSLTF. (These amounts, which consist of $25 million for
Coast Guard operations and $3.5 million for research, have been
excluded because such funding is already authorized under
existing law.) Outlays are estimated on the basis of historical
spending patterns for Coast Guard programs.
Other provisions of H.R. 820 are not expected to have any
significant impact on the federal budget.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 820
contains no intergovernmental private-sector mandates as
defined in UMRA and would have no impact on the budgets of
state, local, or tribal governments.
Estimate prepared by: Deborah Reis.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
H.R. 820 contains no unfunded mandates.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SECTION 15 OF THE PORTS AND WATERWAYS SAFETY ACT
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.