Calendar No. 466

105TH CONGRESS

2D SESSION S. 1259

[Report No. 105–246]

A BILL

To authorize appropriations for fiscal years 1998

and for other purposes.and 1999 for the United States Coast Guard,

JULY 10, 1998

Reported with amendments
II

Calendar No. 466

105TH CONGRESS

2D SESSION S. 1259

[Report No. 105–246]

To authorize appropriations for fiscal years 1998 and 1999 for the United

States Coast Guard, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 6, 1997

Ms. SNOWE (for herself, Mr. HOLLINGS, and Mr. BREAUX) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

JULY 10, 1998

Reported by Mr. MCCAIN, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To authorize appropriations for fiscal years 1998 and 1999

for the United States Coast Guard, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Coast Guard Author5 ization Act for Fiscal Years 1998 and 1999’’.
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1 SEC. 2. TABLE OF SECTIONS.

2 The table of sections for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of sections.

Title I—Appropriations; Authorized Levels

Sec. 101. Authorization of appropriations.

Sec. 102. Authorized levels of military strength and training.

Title II—Coast Guard Management

Sec. 201. Severance pay.

Sec. 202. Authority to implement and fund certain awards programs.

Sec. 202. 203. Use of appropriated funds for commercial vehicles at military funerals.

Sec. 203. 204. Authority to reimburse Novato, California, Reuse Commission.

Sec. 204. 205. Eliminate supply fund reimbursement requirement.

Sec. 205. Authority to implement and fund certain awards programs.

Sec. 206. Disposal of certain material to Coast Guard Auxiliary.

Title III—Marine Safety and Environmental Protection.

Sec. 301. Alcohol testing.

Sec. 302. Penalty for violation of International Safety Convention.

Sec. 303. Protect marine casualty investigations from mandatory release.

Sec. 304. Eliminate biennial research and development report.

Sec. 305. Extension of territorial sea for certain laws.

Sec. 306. Law enforcement authority for special agents of the Coast Guard Investigative Service.

Title IV—Miscellaneous

Sec. 401. Vessel Identification System amendments.

Sec. 402. Conveyance of communication station Boston Marshfield receiver site,

Massachusetts.

Sec. 403. Conveyance of Nahant parcel, Essex County, Massachusetts.

Sec. 404. Conveyance of Eagle Harbor Light Station.

Sec. 405. Conveyance of Coast Guard station, Ocracoke, North Carolina.

Sec. 406. Conveyance of Coast Guard property to Jacksonville University, Florida.

Sec. 407. Coast Guard City, USA.

Sec. 408. Vessel documentation clarification.

Sec. 409. Sanctions for failure to land or to bring to; sanctions for obstruction

of boarding and providing false information.

3 TITLE I—APPROPRIATIONS;

4 AUTHORIZED LEVELS

5 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

6 (a) FISCAL YEAR 1998.—Funds are authorized to be

7 appropriated for necessary expenses of the Coast Guard

8 for fiscal year 1998, as follows:
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1 (1) For the operation and maintenance of the

2 Coast Guard, $2,740,000,000, of which $25,000,000

3 shall be derived from the Oil Spill Liability Trust

4 Fund.

5 (2) For the acquisition, construction, rebuild6 ing, and improvement of aids to navigation, shore

7 and offshore facilities, vessels, and aircraft, includ8 ing equipment related thereto, $379,000,000, to re9 main available until expended, of which $20,000,000

10 shall be derived from the Oil Spill Liability Trust

11 Fund to carry out the purposes of section

12 1012(a)(5) of the Oil Pollution Act of 1990.

13 (3) For research, development, test, and evalua14 tion of technologies, materials, and human factors

15 directly relating to improving the performance of the

16 Coast Guard’s mission in support of search and res17 cue, aids to navigation, marine safety, marine envi18 ronmental protection, enforcement of laws and trea19 ties, ice operations, oceanographic research, and de20 fense readiness, $19,000,000, to remain available

21 until expended, of which $3,500,000 shall be derived

22 from the Oil Spill Liability Trust Fund.

23 (4) For retired pay (including the payment of

24 obligations otherwise chargeable to lapsed appropria25 tions for this purpose), payments under the Retired
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1 Serviceman’s Family Protection and Survivor Bene2 fit Plans, and payments for medical care of retired

3 personnel and their dependents under chapter 55 of

4 title 10, United States Code, $645,696,000.

5 (5) For alteration or removal of bridges over

6 navigable waters of the United States constituting

7 obstructions to navigation, and for personnel and

8 administrative costs associated with the bridge alter9 ation program, $26,000,000 to remain available

10 until expended.

11 (6) For environmental compliance and restora12 tion at Coast Guard facilities functions (other than

13 parts and equipment associated with operations and

14 maintenance), $21,000,000, to remain available until

15 expended.

16 (b) FISCAL YEAR 1999.—Funds are authorized to be

17 appropriated for necessary expenses of the Coast Guard

18 for fiscal year 1999, as follows:

19 (1) For the operation and maintenance of the

20 Coast Guard, $2,740,000,000, of which $25,000,000

21 shall be derived from the Oil Spill Liability Trust

22 Fund.

23 (2) For the acquisition, construction, rebuild24 ing, and improvement of aids to navigation, shore

25 and offshore facilities, vessels, and aircraft, includ-
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1 ing equipment related thereto, $379,000,000, to re2 main available until expended, of which $20,000,000

3 shall be derived from the Oil Spill Liability Trust

4 Fund to carry out the purposes of section

5 1012(a)(5) of the Oil Pollution Act of 1990.

6 (3) For research, development, test, and evalua7 tion of technologies, materials, and human factors

8 directly relating to improving the performance of the

9 Coast Guard’s mission in support of search and res10 cue, aids to navigation, marine safety, marine envi11 ronmental protection, enforcement of laws and trea12 ties, ice operations, oceanographic research, and de13 fense readiness, $19,000,000, to remain available

14 until expended, of which $3,500,000 shall be derived

15 from the Oil Spill Liability Trust Fund.

16 (4) For retired pay (including the payment of

17 obligations otherwise chargeable to lapsed appropria18 tions for this purpose), payments under the Retired

19 Serviceman’s Family Protection and Survivor Bene20 fit Plans, and payments for medical care of retired

21 personnel and their dependents under chapter 55 of

22 title 10, United States Code, $675,568,000.

23 (5) For alteration or removal of bridges over

24 navigable waters of the United States constituting

25 obstructions to navigation, and for personnel and
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1 administrative costs associated with the bridge alter2 ation program, $26,000,000 to remain available

3 until expended.

4 (6) For environmental compliance and restora5 tion at Coast Guard facilities functions (other than

6 parts and equipment associated with operations and

7 maintenance), $21,000,000, to remain available until

8 expended.

9 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

10 AND TRAINING.

11 (a) 1998 END-OF-YEAR STRENGTH.—The Coast

12 Guard is authorized an end-of-year strength for active

13 duty personnel of 37,660 as of September 30, 1998.

14 (b) 1998 MILITARY TRAINING STUDENT LOADS.—For

15 fiscal year 1998, the Coast Guard is authorized average

16 military training student loads as follows:

17 (1) For recruit and special training, 1,368 stu18 dent years.

19 (2) For flight training, 98 student years.

20 (3) For professional training in military and ci21 vilian institutions, 283 student years.

22 (4) For officer acquisition, 797 student years.

23 (c) 1999 END-OF-YEAR STRENGTH.—The Coast

24 Guard is authorized an end-of-year strength for active
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1 duty personnel of such numbers as may be necessary as

2 of September 30, 1999.

3 (d) 1999 MILITARY TRAINING STUDENT LOADS.—For

4 fiscal year 1999, the Coast Guard is authorized average

5 military training student loads as follows:

6 (1) For recruit and special training, such stu7 dent years as may be necessary.

8 (2) For flight training, such student years as

9 may be necessary.

10 (3) For professional training in military and ci11 vilian institutions, such student years as may be nec12 essary.

13 (4) For officer acquisition, such student years

14 as may be necessary.

15 TITLE II—COAST GUARD

16 MANAGEMENT

17 SEC. 201. SEVERANCE PAY.

18 (a) Warrant Officers.—WARRANT OFFICERS.—Sec19 tion 286a(d) of title 14, United States Code, is amended

20 by striking the last sentence.

21 (b) SEPARATED OFFICERS.—Section 286a of title 14,

22 United States Code, is amended by striking the period at

23 the end of subsection (b) and inserting ‘‘, unless the officer

24 is separated with an other than Honorable Discharge hon25 orable discharge and the Secretary of the Service in which
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1 the Coast Guard is operating determines that the condi2 tions under which the officer is discharged or separated

3 do not warrant payment of severance pay.’’.

4 (c) EXCEPTION.—Section 327 of title 14, United

5 States Code, is amended by striking the period at the end

6 of paragraph (b)(3) and inserting ‘‘, unless the Secretary

7 determines that the conditions under which the officer is

8 discharged or separated do not warrant payment of sever9 ance pay.’’.

10 SEC. 202. AUTHORITY TO IMPLEMENT AND FUND CERTAIN

11 AWARDS PROGRAMS.

12 (a) Section 93 of title 14, United States Code, is

13 amended —

14 (1) by striking ‘‘and’’ after the semicolon at the

15 end of paragraph (u);

16 (2) by striking the period at the end of para17 graph (v) and inserting ‘‘; and’’; and

18 (3) by adding at the end the following new para19 graph:

20 ‘‘(w) provide for the honorary recognition of in21 dividuals and organizations that significantly con22 tribute to Coast Guard programs, missions, or oper23 ations, including but not limited to state and local

24 governments and commercial and nonprofit organiza25 tions, and pay for, using any appropriations or funds
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1 available to the Coast Guard, plaques, medals, tro2 phies, badges, and similar items to acknowledge such

3 contribution (including reasonable expenses of cere4 mony and presentation).’’.

5 SEC. 202. 203. USE OF APPROPRIATED FUNDS FOR COM6 MERCIAL VEHICLES AT MILITARY FUNERALS.

7 Section 93 of title 14, United States Code, as amend8 ed by Section 203 section 202 of this Act, is further

9 amended—

10 (1) by striking ‘‘and’’ after the semicolon at the

11 end of paragraph (v);

12 (2) by striking the period at the end of para13 graph (w) and inserting ‘‘; and’’; and

14 (3) by adding at the end the following new

15 paragraph:

16 ‘‘(x) rent or lease, under such terms and condi17 tions as are deemed advisable, commercial vehicles

18 to transport the next of kin of eligible retired Coast

19 Guard military personnel to attend funeral services

20 of the service member at a national cemetery.’’.

21 SEC. 203. 204. AUTHORITY TO REIMBURSE NOVATO, CALI22 FORNIA, REUSE COMMISSION.

23 The Commandant of the United States Coast Guard

24 may use up to $25,000 to provide economic adjustment

25 assistance for the City of Novato, California, for the cost
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1 of revising the Hamilton Reuse Planning Authority’s reuse

2 plan as a result of the Coast Guard’s request for housing

3 at Hamilton Air Force Base. If the Department of De4 fense provides such economic adjustment assistance to the

5 City of Novato on behalf of the Coast Guard, then the

6 Coast Guard may use the amount authorized for use in

7 the preceding sentence to reimburse the Department of

8 Defense for the amount of economic adjustment assistance

9 provided to the City of Novato by the Department of De10 fense.

11 SEC. 204. 205. ELIMINATE SUPPLY FUND REIMBURSEMENT

12 REQUIREMENT.

13 Subsection 650(a) of title 14, United States Code, is

14 amended by striking ‘‘The fund shall be credited with the

15 value of materials consumed, issued for use, sold, or other16 wise disposed of, such values to be determined on a basis

17 that will approximately cover the cost thereof.’’ the last

18 sentence and inserting ‘‘In these regulations, whenever the

19 fund is reduced to delete items stocked, the Secretary may

20 reduce the existing capital of the fund by the value of the

21 materials transferred to other Coast Guard accounts. Ex22 cept for the materials so transferred, the fund shall be

23 credited with the value of materials consumed, issued for

24 use, sold, or otherwise disposed of, such values to be deter-
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1 mined on a basis that will approximately cover the cost

2 thereof.’’.

3 SEC. 205. AUTHORITY TO IMPLEMENT AND FUND CERTAIN

4 AWARDS PROGRAMS.

5 (a) Section 93 of title 14, United States Code, is

6 amended —

7 (1) by striking ‘‘and’’ after the semicolon at the

8 end of paragraph (w);

9 (2) by striking the period at the end of para10 graph (x) and inserting ‘‘; and’’; and

11 (3) by adding at the end the following new

12 paragraph:

13 ‘‘(y) provide for the honorary recognition of in14 dividuals and organizations that significantly con15 tribute to Coast Guard programs, missions, or oper16 ations, including but not limited to state and local

17 governments and commercial and nonprofit organi18 zations, and pay for, using any appropriations or

19 funds available to the Coast Guard, plaques, medals,

20 trophies, badges, and similar items to acknowledge

21 such contribution (including reasonable expenses of

22 ceremony and presentation).’’.
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1 SEC. 206. DISPOSAL OF CERTAIN MATERIAL TO COAST

2 GUARD AUXILIARY.

3 (a) Section 641 of title 14, United States Code, is

4 amended—

5 (1) by striking ‘‘to the Coast Guard Auxiliary,

6 including any incorporated unit thereof,’’ in sub7 section (a) ; and

8 (2) by adding at the end thereof the following:

9 ‘‘(f)(1) Notwithstanding any other law, the Com10 mandant may directly transfer ownership of personal

11 property of the Coast Guard to the Coast Guard Auxiliary

12 (including any incorporated unit thereof), with or without

13 charge, if the Commandant determines—

14 ‘‘(A) after consultation with the Administrator

15 of General Services, that the personal property is ex16 cess to the needs of the Coast Guard but is suitable

17 for use by the Auxiliary in performing Coast Guard

18 functions, powers, duties, roles, missions, or oper19 ations as authorized by law pursuant to section 822

20 of this title; and

21 ‘‘(B) that such excess property will be used

22 solely by the Auxiliary for such purposes.

23 ‘‘(2) Upon transfer of personal property under para24 graph (1), no appropriated funds shall be available for the

25 operation, maintenance, repair, alteration, or replacement
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1 of such property, except as permitted by section 830 of

2 this title.’’.

3 TITLE III—MARINE SAFETY AND

4 ENVIRONMENTAL PROTECTION

5 SEC. 301. ALCOHOL TESTING.

6 (a) ADMINSTRATIVE PROCEDURE.—Section 7702 of

7 title 46, United States Code, is amended—

8 (1) by striking ‘‘(1)’’ in subsection (c);

9 (2) by redesignating paragraph (2) of sub10 section (c) as subsection (d)(1) and by redesignating

11 subsection (d) as subsection (e);

12 (3) by striking ‘‘may’’ in the second sentence of

13 subsection (d)(1) as redesignated, and inserting

14 ‘‘shall’’; and

15 (4) by adding at the end of subsection (d), as

16 redesignated, the following:

17 ‘‘(2) The Secretary shall establish procedures to

18 ensure that after a serious marine incident occurs,

19 alcohol testing of crew members responsible for the

20 operation or other safety-sensitive functions of the

21 vessel or vessels involved in such incident is con22 ducted no later than two hours after the incident is

23 stabilized.’’.
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1 (b) INCREASE IN CIVIL PENALTY.—Section 2115 of

2 title 46, United States Code, is amended by striking

3 ‘‘$1,000’’ and inserting ‘‘$5,000’’.

4 (c) INCREASE IN NEGLIGENCE PENALTY.—Section

5 2302(c)(1) of title 46, United States Code, is amended

6 by striking ‘‘$1,000 for a first violation and not more than

7 $5,000 for a subsequent violation; or’’ and inserting

8 ‘‘$5,000; or’’.

9 SEC. 302. PENALTY FOR VIOLATION OF INTERNATIONAL

10 SAFETY CONVENTION.

11 (a) IN GENERAL.—Section 2302 of title 46, United

12 States Code, is amended by adding at the following new

13 subsection:

14 ‘‘(e)(1) A vessel may not be used to transport cargoes

15 sponsored by the United States Government if the vessel

16 has been detained by the Secretary for violation of an

17 international safety convention to which the United States

18 is a party, and the Secretary has published notice of that

19 detention.

20 ‘‘(2) The prohibition in paragraph (1) expires

21 for a vessel 1 year after the date of the detention

22 on which the prohibition is based or upon the Sec23 retary granting an appeal of the detention on which

24 the prohibition is based.
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1 ‘‘(3) The head of a Federal Agency may grant

2 an exemption from the prohibition in paragraph (1)

3 on a case by case basis if the owner of the vessel to

4 be used for transport of the cargo sponsored by the

5 United States Government can provide compelling

6 evidence that the vessel is currently in compliance

7 with applicable international safety conventions to

8 which the United States is a party.

9 ‘‘(4) As used in this subsection, the term ‘cargo

10 sponsored by the United States Government’ means

11 cargo for which a Federal agency contracts directly

12 for shipping by water or for which (or the freight of

13 which) a Federal agency provides financing, includ14 ing financing by grant, loan, or loan guarantee, re15 sulting in shipment of the cargo by water.’’.

16 ‘‘(2) The prohibition in paragraph (1) expires for a

17 vessel 1 year after the date of the detention on which the

18 prohibition is based or upon the Secretary granting an ap19 peal of the detention on which the prohibition is based.

20 ‘‘(3) The head of a Federal Agency may grant an ex21 emption from the prohibition in paragraph (1) on a case

22 by case basis if the owner of the vessel to be used for trans23 port of the cargo sponsored by the United States Govern24 ment can provide compelling evidence that the vessel is cur-
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1 rently in compliance with applicable international safety

2 conventions to which the United States is a party.

3 ‘‘(4) As used in this subsection, the term ‘cargo spon4 sored by the United States Government’ means cargo for

5 which a Federal agency contracts directly for shipping by

6 water or for which (or the freight of which) a Federal agen7 cy provides financing, including financing by grant, loan,

8 or loan guarantee, resulting in shipment of the cargo by

9 water.’’.

10 SEC. 303. PROTECT MARINE CASUALTY INVESTIGATIONS

11 FROM MANDATORY RELEASE.

12 Section 6305(b) of title 46, United States Code, is

13 amended by striking all after ‘‘public’’ and inserting a pe14 riod and ‘‘This subsection does not require the release of

15 information described by section 552(b) of title 5 or pro16 tected from disclosure by another law of the United

17 States.’’.

18 SEC. 304. ELIMINATE BIENNIAL RESEARCH AND DEVELOP19 MENT REPORT.

20 (a) Section 7001 of the Oil Pollution Act of 1990 (33

21 U.S.C. 2701 et seq. 2761) is amended by striking sub22 section (e) and by redesignating subsection (f) as sub23 section (e).
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1 SEC. 305. EXTENSION OF TERRITORIAL SEA FOR CERTAIN

2 LAWS.

3 (a) PORTS AND WATERWAYS SAFETY ACT.—Section

4 102 of the Ports and Waterways Safety Act (33 U.S.C.

5 1222) is amended by adding at the end the following:

6 ‘‘(5) ‘Navigable waters of the United States’ in7 cludes all waters of the territorial sea of the United

8 States as described in Presidential Proclamation

9 5928 of December 27, 1988.’’.

10 (b) SUBTITLE II OF TITLE 46.—

11 (1) Section 2101 of title 46, United States

12 Code, is amended—

13 (A) by redesignating paragraph (17a) as

14 paragraph (17b); and

15 (B) by inserting after paragraph (17) the

16 following:

17 ‘‘(17a) ‘navigable waters of the United States’

18 includes all waters of the territorial sea of the

19 United States as described in Presidential Proclama20 tion 5928 of December 27, 1988.’’.

21 (2) Section 2301 of that title is amended by in22 serting ‘‘(including the territorial sea of the United

23 States as described in Presidential Proclamation

24 5928 of December 27, 1988)’’ after ‘‘of the United

25 States’’.
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1 (3) Section 4102(e) of that title is amended by

2 striking ‘‘on the high seas’’ and inserting ‘‘beyond 3

3 nautical miles from the baselines from which the ter4 ritorial sea of the United States is measured’’.

5 (4) Section 4301(a) of that title is amended by

6 inserting ‘‘(including the territorial sea of the United

7 States as described in Presidential Proclamation

8 5928 of December 27, 1988)’’ after ‘‘of the United

9 States’’.

10 (5) Section 4502(a)(7) of that title is amended

11 by striking ‘‘on vessels that operate on the high

12 seas’’ and inserting ‘‘beyond 3 nautical miles from

13 the baselines from which the territorial sea of the

14 United States is measured’’.

15 (6) Section 4506(b) of that title is amended by

16 striking paragraph (2) and inserting the following:

17 ‘‘(2) is operating—

18 ‘‘(A) in internal waters of the United

19 States; or

20 ‘‘(B) within 3 nautical miles from the

21 baselines from which the territorial sea of the

22 United States is measured.’’.

23 (7) Section 8502(a)(3) of that title is amended

24 by striking ‘‘not on the high seas’’ and inserting:

25 ‘‘not beyond 3 nautical miles from the baselines
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1 from which the territorial sea of the United States

2 is measured’’.

3 (8) Section 8503(a)(2) of that title is amended

4 by striking paragraph (2) and inserting the follow5 ing:

6 ‘‘(2) is operating—

7 ‘‘(A) in internal waters of the United

8 States; or

9 ‘‘(B) within 3 nautical miles from the

10 baselines from which the territorial sea of the

11 United States is measured.’’.

12 SEC. 306. LAW ENFORCEMENT AUTHORITY FOR SPECIAL

13 AGENTS OF THE COAST GUARD INVESTIGA14 TIVE SERVICE.

15 (a) AUTHORITY.—Section 95 of title 14, United

16 States Code, is amended to read as follows:

17 ‘‘§ 95. Special agents of the Coast Guard Investigative

18 Service law enforcement authority

19 ‘‘(a)(1) A special agent of the Coast Guard Investiga20 tive Service designated under subsection (b) has the fol21 lowing authority:

22 ‘‘(A) To carry firearms.

23 ‘‘(B) To execute and serve any warrant or other

24 process issued under the authority of the United

25 States.
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1 ‘‘(C) To make arrests without warrant for—

2 ‘‘(i) any offense against the United States

3 committed in the agent’s presence; or

4 ‘‘(ii) any felony cognizable under the laws

5 of the United States if the agent has probable

6 cause to believe that the person to be arrested

7 has committed or is committing the felony.

8 ‘‘(2) The authorities provided in paragraph (1) shall

9 be exercised only in the enforcement of statutes for which

10 the Coast Guard has law enforcement authority, or in exi11 gent circumstances.

12 ‘‘(b) The Commandant may designate to have the au13 thority provided under subsection (a) any special agent of

14 the Coast Guard Investigative Service whose duties in15 clude conducting, supervising, or coordinating investiga16 tion of criminal activity in programs and operations of the

17 United States Coast Guard.

18 ‘‘(c) The authority provided under subsection (a)

19 shall be exercised in accordance with guidelines prescribed

20 by the Commandant and approved by the Attorney Gen21 eral and any other applicable guidelines prescribed by the

22 Secretary of transportation or the Attorney General.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections

24 at the beginning of chapter 5 of title 14, United States
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1 Code, is amended by striking the item related to section

2 95 and inserting the following:

‘‘95. Special agents of the Coast Guard Investigative Service; law enforcement

authority.’’.

3 TITLE IV—MISCELLANEOUS

4 SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.

5 Title 46, United States Code, is amended—

6 (1) by striking ‘‘or is not titled in a State’’ in

7 section 121O2(a); 12102(a);

8 (2) by adding at the end of section 12301 the

9 following:

10 ‘‘(c) A documented vessel shall not be titled by a

11 State or required to display numbers under this chapter,

12 and any certificate of title issued by a State for a docu13 mented vessel than shall be surrendered in accordance

14 with regulations prescribed by the Secretary.

15 ‘‘(d) The Secretary may approve the surrender under

16 subsection (a) of a certificate of title covered by a pre17 ferred mortgage under section 31322(d) of this title only

18 if the mortgagee consents.’’;

19 (3) by striking section 31322(b) and inserting

20 the following:

21 ‘‘(b) Any indebtedness secured by a preferred mort22 gage that is filed or recorded under this chapter, or that

23 is subject to a mortgage, security agreement, or instru24 ments granting a security interest that is deemed to be
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1 a preferred mortgage under subsection (d) of this section,

2 may have any rate of interest to which the parties agree.’’;

3 (4) by striking ‘‘mortgage or instrument’’ each

4 place it appears in section 31322(d)(1) and inserting

5 ‘‘mortgage, security agreement, or instrument’’;

6 (5) by striking section 31322(d)(1)(3)

7 31322(d)(3) and inserting the following:

8 ‘‘(3) A preferred mortgage under this sub9 section continues to be a preferred mortgage even if

10 the vessel is no longer titled in the State where the

11 mortgage, security agreement, or instrument grant12 ing a security interest became a preferred mortgage

13 under this subsection’’; subsection.’’;

14 (6) by striking ‘‘mortgages or instruments’’ in

15 subsection 31322(d)(2) and inserting ‘‘mortgages,

16 security agreements, or instruments’’;

17 (7) by inserting ‘‘a vessel titled in a State,’’ in

18 section 31325(b)(1) after ‘‘a vessel to be docu19 mented under chapter 121 of this title,’’;

20 (8) by inserting ‘‘a vessel titled in a State,’’ in

21 section 31325(b)(8) 31325(b)(3) after ‘‘a vessel for

22 which an application for documentation is filed

23 under chapter 121 of this title,’’; and
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1 (9) by inserting ‘‘a vessel titled in a State,’’ in

2 section 31325(c) after ‘‘a vessel to be documented

3 under chapter 121 of this title,’’.

4 SEC. 402. CONVEYANCE OF COMMUNICATION STATION BOS5 TON MARSHFIELD RECEIVER SITE, MASSA6 CHUSETTS.

7 (a) AUTHORITY TO CONVEY.—

8 (1) IN GENERAL.—The Secretary of Transpor9 tation may convey, by an appropriate means of con10 veyance, all right, title, and interest of the United

11 States in and to the Coast Guard Communication

12 Station Boston Marshfield Receiver Site, Massachu13 setts, to the Town of Marshfield, Massachusetts.

14 (2) LIMITATION.—The Secretary shall not con15 vey under this section the land on which is situated

16 the communications tower and the microwave build17 ing facility of that station.

18 (3) IDENTIFICATION OF PROPERTY.—

19 (A) The Secretary may identify, describe

20 and determine the property to be conveyed to

21 the Town under this section.

22 (B) The Secretary shall determine the

23 exact acreage and legal description of the prop24 erty to be conveyed under this section by a sur-
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1 vey satisfactory to the Secretary. The cost of

2 the survey shall be borne by the Town.

3 (b) TERMS AND CONDITIONS.—Any conveyance of

4 property under this section shall be made—

5 (1) without payment of consideration; and

6 (2) subject to the following terms and condi7 tions; conditions:

8 (A) The Secretary may reserve utility, ac9 cess, and any other appropriate easements on

10 the property conveyed for the purpose of oper11 ating, maintaining, and protecting the commu12 nications tower and the microwave building fa13 cility.

14 (B) The Town and its successors and as15 signs shall, at their own cost and expense,

16 maintain the property conveyed under this sec17 tion in a proper, substantial, and workmanlike

18 manner as necessary to ensure the operation,

19 maintenance, and protection of the communica20 tions tower and the microwave building facility.

21 (C) Any other terms and conditions the

22 Secretary considers appropriate to protect the

23 interests of the United States.

24 (c) EFFECTIVE DATE.—The amendment made by

25 subsection (a) takes effect January 1, 1998.
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1 SEC. 403. CONVEYANCE OF NAHANT PARCEL, ESSEX COUN2 TY, MASSACHUSETTS.

3 (a) IN GENERAL.—The Commandant, United States

4 Coast Guard, may convey, by an appropriate means of

5 conveyance, all right, title, and interest of the United

6 States in and to the United States Coast Guard Recre7 ation Facility Nahant, Massachusetts, to the Town of

8 Nahant.

9 (b) IDENTIFICATION OF PROPERTY.—The Com10 mandant may identify, describe, and determine the prop11 erty to be conveyed under this section.

12 (c) TERMS OF CONVEYANCE.—The conveyance of

13 property under this section shall be made—

14 (1) without payment of consideration; and

15 (2) subject to such terms and conditions as the

16 Commandant may consider appropriate.

17 SEC. 404. CONVEYANCE OF EAGLE HARBOR LIGHT STA18 TION.

19 (a) AUTHORITY TO CONVEY.—

20 (1) IN GENERAL.—The Administrator of the

21 General Services Administration shall convey, by an

22 appropriate means of conveyance, all right, title, and

23 interest of the United States in and to the Eagle

24 Harbor Light Station, Michigan, to the Keweenaw

25 County Historical Society.
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1 (2) IDENTIFICATION OF PROPERTY.—The Sec2 retary may identify, describe, and determine the

3 property to be conveyed pursuant to this subsection.

4 (b) TERMS OF CONVEYANCE.—

5 (1) IN GENERAL.—The conveyance of property

6 pursuant to this section shall be made—

7 (A) without payment of consideration; and

8 (B) subject to the conditions required by

9 paragraphs (3), (4), and (5) and other terms

10 and conditions the Secretary may consider ap11 propriate.

12 (2) REVERSIONARY INTEREST.—In addition to

13 any term or condition established pursuant to para14 graph (1), the conveyance of property pursuant to

15 this section shall be subject to the condition that all

16 right, title, and interest in the property conveyed

17 shall immediately revert to the United States if the

18 property, or any part of the property—

19 (A) ceases to be maintained in a manner

20 that ensures its present or future use as a

21 Coast Guard aid to navigation; or

22 (B) ceases to be maintained in a manner

23 consistent with the provisions of the National

24 Historic Preservation Act of 1966 (16 U.S.C.

25 470 et seq.).
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1 (3) MAINTENANCE OF NAVIGATION FUNC2 TIONS.—The conveyance of property pursuant to

3 this section shall be made subject to the conditions

4 that the Secretary considers to be necessary to as5 sure that—

6 (A) the lights, antennas, and associated

7 equipment located on the property conveyed,

8 which are active aids to navigation, shall con9 tinue to be operated and maintained by the

10 United States;

11 (B) the person to which the property is

12 conveyed may not interfere or allow interference

13 in any manner with aids to navigation without

14 express written permission from the Secretary;

15 (C) there is reserved to the United States

16 the right to relocate, replace, or add any aid to

17 navigation or make any changes to the property

18 conveyed as may be necessary for navigational

19 purposes;

20 (D) the United States shall have the right,

21 at any time, to enter the property without no22 tice for the purpose of maintaining aids to navi23 gation; and

24 (E) the United States shall have an ease25 ment of access to the property for the purpose
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1 of maintaining the aids to navigation in use on

2 the property.

3 (4) OBLIGATION LIMITATION.—The person to

4 which the property is conveyed is not required to

5 maintain any active aid to navigation equipment on

6 property conveyed pursuant to this section.

7 (5) REVERSION BASED ON USE.—The convey8 ance of the property described in subsection (a) is

9 subject to the condition that all right, title, and in10 terest in the property conveyed shall immediately re11 vert to the United States if the property, or any part

12 of the property ceases to be used as a nonprofit cen13 ter for public benefit for the interpretation and pres14 ervation of maritime history.

15 (6) MAINTENANCE OF PROPERTY.—The person

16 to which the property is conveyed shall maintain the

17 property in accordance with the National Historic

18 Preservation Act of 1966 (16 U.S.C. 470 et seq.),

19 and other applicable laws.

20 SEC. 405. CONVEYANCE OF COAST GUARD STATION

21 OCRACOKE, NORTH CAROLINA.

22 (a) AUTHORITY TO CONVEY.—

23 (1) IN GENERAL.—The Commandant, United

24 States Coast Guard, or his designee (the ‘‘Com25 mandant’’) may convey, by an appropriate means of
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1 conveyance, all right, title, and interest of the

2 United States of America (the ‘‘United States’’) in

3 and, to the Coast Guard station Ocracoke, North

4 Carolina, to the ferry division of the North Carolina

5 Department of Transportation.

6 (2) IDENTIFICATION OF PROPERTY.—The Com7 mandant may identify, describe, and determine the

8 property to be conveyed under this section.

9 (b) TERMS AND CONDITIONS.—The conveyance of

10 any property under this section shall be made—

11 (1) without payment of consideration; and

12 (2) subject to the following terms and condi13 tions:

14 (A) EASEMENTS.—The Commandant may

15 reserve utility, access, and any other appro16 priate easements upon the property to be con17 veyed for the purpose of—

18 (i) use of the access road to the boat

19 launching ramp;

20 (ii) use of the boat launching ramp;

21 and

22 (iii) use of pier space for necessary

23 search and rescue assets (including water

24 and electrical power).
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1 (B) MAINTENANCE.—The ferry division of

2 North Carolina Department of Transportation,

3 and its successors and assigns shall, at its own

4 cost and expense, maintain the property con5 veyed under this section in a proper, substantial

6 and workmanlike manner necessary for the use

7 of any easements created under subparagraph

8 (A).

9 (C) REVERSIONARY INTEREST.—All right,

10 title, and interest in and to administered by the

11 general services administration if the property,

12 or any part thereof, ceases to be used by the

13 Ferry Division of North Carolina Department

14 of Transportation.

15 (D) OTHER.—Any other terms and condi16 tions the Commandant may consider appro17 priate to protect the interests of the United

18 States.

19 SEC. 406. CONVEYANCE OF COAST GUARD PROPERTY TO

20 JACKSONVILLE UNIVERSITY, FLORIDA.

21 (a) AUTHORITY TO CONVEY.—

22 (1) IN GENERAL.—The Secretary of Transpor23 tation may convey to the University of Jacksonville,

24 Florida, without consideration, all right, title, and

25 interest of the United States in and to the property
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1 comprising the Long Branch Rear Range Light,

2 Jacksonville, Florida.

3 (2) IDENTIFICATION OF PROPERTY.—The Sec4 retary may identify, describe, and determine the

5 property to be conveyed under this section.

6 (b) TERMS AND CONDITIONS.—Any conveyance of

7 any property under this section shall be made—

8 (1) subject to the terms and conditions the

9 Commandant may consider appropriate; and

10 (2) subject to the condition that all right, title,

11 and interest in and to property conveyed shall imme12 diately revert to the United States if the property,

13 or any part thereof, ceases to be used by Jackson14 ville University, Florida.

15 SEC. 407. COAST GUARD CITY, USA.

16 The community of Grand Haven, Michigan, shall be

17 recognized as ‘‘Coast Guard City, USA’’.

18 SEC. 408. VESSEL DOCUMENTATION CLARIFICATION.

19 Section 12102(a)(4) of title 49, 46, United States

20 Code, and section 2(a) of the Shipping Act, 1916 (46

21 U.S.C. App. 802(a)) are each amended by—

22 (1) striking ‘‘president or other’’; and

23 (2) inserting a comma and ‘‘by whatever title,’’

24 after ‘‘chief executive officer’’.
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1 SEC. 409. SANCTIONS FOR FAILURE TO LAND OR TO BRING

2 TO; SANCTIONS FOR OBSTRUCTION OF

3 BOARDING AND PROVIDING FALSE INFORMA4 TION.

5 (a) IN GENERAL.—Chapter 109 of title 18, United

6 States Code, is amended by adding at the end new section

7 2237 to read as follows:

8 ‘‘§ 2237. Sanctions for failure to land or to bring to;

9 sanctions for obstruction of boarding and

10 providing false information

11 ‘‘(a)(1) It shall be unlawful for the pilot, operator, or

12 person in charge of an aircraft which has crossed the border

13 of the United States, or an aircraft subject to the jurisdic14 tion of the United States operating outside the United

15 States, to knowingly fail to obey an order to land by an

16 authorized Federal law enforcement officer who is enforcing

17 the laws of the United States relating to controlled sub18 stances, as that term is defined in section 102(6) of the Con19 trolled Substances Act (21 U.S.C. 802(6)), or relating to

20 money laundering (sections 1956–57 of this title).

21 ‘‘(2) The Administrator of the Federal Aviation Ad22 ministration, in consultation with the Commissioner of

23 Customs and the Attorney General, shall prescribe regula24 tions governing the means by, and circumstances under

25 which, a Federal law enforcement officer may communicate

26 an order to land to a pilot, operator, or person in charge
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1 of an aircraft. Such regulations shall ensure that any such

2 order is clearly communicated in accordance with applica3 ble international standards. Further, such regulations shall

4 establish guidelines based on observed conduct, prior infor5 mation, or other circumstances for determining when an

6 officer may use the authority granted under paragraph (1).

7 ‘‘(b)(1) It shall be unlawful for the master, operator,

8 or person in charge of a vessel of the United States or a

9 vessel subject to the jurisdiction of the United States, to

10 knowingly fail to obey an order to bring to that vessel on

11 being ordered to do so by an authorized Federal law enforce12 ment officer.

13 ‘‘(2) It shall be unlawful for any person on board a

14 vessel of the United States or a vessel subject to the jurisdic15 tion of the United States to—

16 ‘‘(A) fail to comply with an order of an author17 ized Federal law enforcement officer in connection

18 with the boarding of the vessel;

19 ‘‘(B) impede or obstruct a boarding or arrest or

20 other law enforcement action authorized by any Fed21 eral law; or

22 ‘‘(C) provide information to a Federal law en23 forcement officer during a boarding of a vessel regard24 ing the vessel’s destination, origin, ownership, reg-
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1 istration, nationality, cargo, or crew, which that per2 son knows is false.

3 ‘‘(c) This section does not limit in any way the pre4 existing authority of a customs officer under section 581

5 of the Tariff Act of 1930 or any other provision of law en6 forced or administered by the Customs Service, or the pre7 existing authority of any Federal law enforcement officer

8 under any law of the United States to order an aircraft

9 to land or a vessel to bring to.

10 ‘‘(d) A foreign nation may consent or waive objection

11 to the enforcement of United States law by the United

12 States under this section by radio, telephone, or similar oral

13 or electronic means. Consent or waiver may be proven by

14 certification of the Secretary of State or the Secretary’s des15 ignee.

16 ‘‘(e) For purposes of this section—

17 ‘‘(1) A ‘vessel of the United States’ and a ‘vessel

18 subject to the jurisdiction of the United States’ have

19 the meaning set forth for these terms in the Maritime

20 Drug Law Enforcement Act (46 App. U.S.C. 1903);

21 ‘‘(2) an aircraft ‘subject to the jurisdiction of the

22 United States’ includes—

23 ‘‘(A) an aircraft located over the United

24 States or the customs waters of the United

25 States;
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1 ‘‘(B) an aircraft located in the airspace of

2 a foreign nation, where that nation consents to

3 the enforcement of United States law by the

4 United States; and

5 ‘‘(C) over the high seas, an aircraft without

6 nationality, an aircraft of United States reg7 istry, or an aircraft registered in a foreign na8 tion that has consented or waived objection to the

9 enforcement of United States law by the United

10 States;

11 ‘‘(3) an aircraft ‘without nationality’ includes—

12 ‘‘(A) an aircraft aboard which the pilot, op13 erator, or person in charge makes a claim of reg14 istry, which claim is denied by the nation whose

15 registry is claimed; and

16 ‘‘(B) an aircraft aboard which the pilot, op17 erator, or person in charge fails, upon request of

18 an officer of the United States empowered to en19 force applicable provisions of United States law,

20 to make a claim of registry for that aircraft;

21 ‘‘(4) the term ‘bring to’ means to cause a vessel

22 to slow or come to a stop to facilitate a law enforce23 ment boarding by adjusting the course and speed of

24 the vessel to account for the weather conditions and

25 sea state; and
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1 ‘‘(5) the term ‘Federal law enforcement officer’

2 has the meaning set forth in section 115 of this title.

3 ‘‘(f) Any person who intentionally violates the provi4 sions of this section shall be subject to—

5 ‘‘(1) imprisonment for not more than 3 years;

6 and

7 ‘‘(2) a fine as provided in this title.

8 ‘‘(g) An aircraft that is used in violation of this section

9 may be seized and forfeited. A vessel that is used in viola10 tion of subsection (b)(1) or subsection (b)(2)(A) may be

11 seized and forfeited. The laws relating to the seizure, sum12 mary and judicial forfeiture, and condemnation of property

13 for violation of the customs laws, the disposition of such

14 property or the proceeds from the sale thereof, the remission

15 or mitigation of such forfeitures, and the compromise of

16 claims, shall apply to seizures and forfeitures undertaken,

17 or alleged to have been undertaken, under any of the provi18 sions of this section; except that such duties as are imposed

19 upon the customs officer or any other person with respect

20 to the seizure and forfeiture of property under the customs

21 laws shall be performed with respect to seizures and forfeit22 ures of property under this section by such officers, agents,

23 or other persons as may be authorized or designated for that

24 purpose. A vessel or aircraft that is used in violation of
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1 this section is also liable in rem for any fine or civil penalty

2 imposed under this section.’’.

3 (b) CLERICAL AMENDMENT.—The chapter analysis for

4 chapter 109 of title 18, United States Code, is amended by

5 inserting the following new item after the item for section

6 2236:

‘‘2237. Sanctions for failure to land or to bring to; sanctions for obstruction of

boarding or providing false information.’’.