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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1259 Reported in Senate (RS)]

                                                       Calendar No. 466

105th CONGRESS

  2d Session

                                S. 1259

                          [Report No. 105-246]

_______________________________________________________________________

                                 A BILL

  To authorize appropriations for fiscal years 1998 and 1999 for the 
           United States Coast Guard, and for other purposes.

_______________________________________________________________________

                             July 10, 1998

                        Reported with amendments

                                                       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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act for 
Fiscal Years 1998 and 1999''.

SEC. 2. TABLE OF SECTIONS.

    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. <DELETED>202. </DELETED>203. Use of appropriated funds for 
                            commercial vehicles at military funerals.
Sec. <DELETED>203. </DELETED>204. Authority to reimburse Novato, 
                            California, Reuse Commission.
Sec. <DELETED>204. </DELETED>205. Eliminate supply fund reimbursement 
                            requirement.
<DELETED>Sec. 205. Authority to implement and fund certain awards 
                            programs.
</DELETED>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.

               TITLE I--APPROPRIATIONS; AUTHORIZED LEVELS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 1998.--Funds are authorized to be appropriated for 
necessary expenses of the Coast Guard for fiscal year 1998, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,740,000,000, of which $25,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $379,000,000, to remain available until expended, of 
        which $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.
            (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, $19,000,000, to remain available until 
        expended, of which $3,500,000 shall be derived from the Oil 
        Spill Liability Trust Fund.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
of title 10, United States Code, $645,696,000.
            (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, $26,000,000 to 
        remain available until expended.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities functions (other than parts and equipment 
        associated with operations and maintenance), $21,000,000, to 
        remain available until expended.
    (b) Fiscal Year 1999.--Funds are authorized to be appropriated for 
necessary expenses of the Coast Guard for fiscal year 1999, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,740,000,000, of which $25,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $379,000,000, to remain available until expended, of 
        which $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.
            (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, $19,000,000, to remain available until 
        expended, of which $3,500,000 shall be derived from the Oil 
        Spill Liability Trust Fund.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $675,568,000.
            (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, $26,000,000 to 
        remain available until expended.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities functions (other than parts and equipment 
        associated with operations and maintenance), $21,000,000, to 
        remain available until expended.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) 1998 End-of-Year Strength.--The Coast Guard is authorized an 
end-of-year strength for active duty personnel of 37,660 as of 
September 30, 1998.
    (b) 1998 Military Training Student Loads.--For fiscal year 1998, 
the Coast Guard is authorized average military training student loads 
as follows:
            (1) For recruit and special training, 1,368 student years.
            (2) For flight training, 98 student years.
            (3) For professional training in military and civilian 
        institutions, 283 student years.
            (4) For officer acquisition, 797 student years.
    (c) 1999 End-of-Year Strength.--The Coast Guard is authorized an 
end-of-year strength for active duty personnel of such numbers as may 
be necessary as of September 30, 1999.
    (d) 1999 Military Training Student Loads.--For fiscal year 1999, 
the Coast Guard is authorized average military training student loads 
as follows:
            (1) For recruit and special training, such student years as 
        may be necessary.
            (2) For flight training, such student years as may be 
        necessary.
            (3) For professional training in military and civilian 
        institutions, such student years as may be necessary.
            (4) For officer acquisition, such student years as may be 
        necessary.

                    TITLE II--COAST GUARD MANAGEMENT

SEC. 201. SEVERANCE PAY.

    (a) <DELETED>Warrant Officers.--</DELETED>Warrant Officers.--
Section 286a(d) of title 14, United States Code, is amended by striking 
the last sentence.
    (b) Separated Officers.--Section 286a of title 14, United States 
Code, is amended by striking the period at the end of subsection (b) 
and inserting ``, unless the officer is separated with an other than 
<DELETED>Honorable Discharge </DELETED>honorable discharge and the 
Secretary of the Service in which the Coast Guard is operating 
determines that the conditions under which the officer is discharged or 
separated do not warrant payment of severance pay.''.
    (c) Exception.--Section 327 of title 14, United States Code, is 
amended by striking the period at the end of paragraph (b)(3) and 
inserting ``, unless the Secretary determines that the conditions under 
which the officer is discharged or separated do not warrant payment of 
severance pay.''.

SEC. 202. AUTHORITY TO IMPLEMENT AND FUND CERTAIN AWARDS PROGRAMS.

    (a) Section 93 of title 14, United States Code, is amended --
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (u);
            (2) by striking the period at the end of paragraph (v) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(w) provide for the honorary recognition of individuals 
        and organizations that significantly contribute to Coast Guard 
        programs, missions, or operations, including but not limited to 
        state and local governments and commercial and nonprofit 
        organizations, and pay for, using any appropriations or funds 
        available to the Coast Guard, plaques, medals, trophies, 
        badges, and similar items to acknowledge such contribution 
        (including reasonable expenses of ceremony and 
        presentation).''.

SEC. <DELETED>202. </DELETED>203. USE OF APPROPRIATED FUNDS FOR 
              COMMERCIAL VEHICLES AT MILITARY FUNERALS.

    Section 93 of title 14, United States Code, as amended by 
<DELETED>Section 203 </DELETED>section 202 of this Act, is further 
amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (v);
            (2) by striking the period at the end of paragraph (w) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(x) rent or lease, under such terms and conditions as are 
        deemed advisable, commercial vehicles to transport the next of 
        kin of eligible retired Coast Guard military personnel to 
        attend funeral services of the service member at a national 
        cemetery.''.

SEC. 203. 204. AUTHORITY TO REIMBURSE NOVATO, CALIFORNIA, REUSE 
              COMMISSION.

    The Commandant of the United States Coast Guard may use up to 
$25,000 to provide economic adjustment assistance for the City of 
Novato, California, for the cost of revising the Hamilton Reuse 
Planning Authority's reuse plan as a result of the Coast Guard's 
request for housing at Hamilton Air Force Base. If the Department of 
Defense provides such economic adjustment assistance to the City of 
Novato on behalf of the Coast Guard, then the Coast Guard may use the 
amount authorized for use in the preceding sentence to reimburse the 
Department of Defense for the amount of economic adjustment assistance 
provided to the City of Novato by the Department of Defense.

SEC. <DELETED>204. </DELETED>205. ELIMINATE SUPPLY FUND REIMBURSEMENT 
              REQUIREMENT.

    Subsection 650(a) of title 14, United States Code, is amended by 
striking <DELETED>``The fund shall be credited with the value of 
materials consumed, issued for use, sold, or otherwise disposed of, 
such values to be determined on a basis that will approximately cover 
the cost thereof.'' </DELETED>the last sentence and inserting ``In 
these regulations, whenever the fund is reduced to delete items 
stocked, the Secretary may reduce the existing capital of the fund by 
the value of the materials transferred to other Coast Guard accounts. 
Except for the materials so transferred, the fund shall be credited 
with the value of materials consumed, issued for use, sold, or 
otherwise disposed of, such values to be determined on a basis that 
will approximately cover the cost thereof.''.

<DELETED>SEC. 205. AUTHORITY TO IMPLEMENT AND FUND CERTAIN AWARDS 
              PROGRAMS.</DELETED>

<DELETED>    (a) Section 93 of title 14, United States Code, is amended 
--</DELETED>
        <DELETED>    (1) by striking ``and'' after the semicolon at the 
        end of paragraph (w);</DELETED>
        <DELETED>    (2) by striking the period at the end of paragraph 
        (x) and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        paragraph:</DELETED>
        <DELETED>    ``(y) provide for the honorary recognition of 
        individuals and organizations that significantly contribute to 
        Coast Guard programs, missions, or operations, including but 
        not limited to state and local governments and commercial and 
        nonprofit organizations, and pay for, using any appropriations 
        or funds available to the Coast Guard, plaques, medals, 
        trophies, badges, and similar items to acknowledge such 
        contribution (including reasonable expenses of ceremony and 
        presentation).''.</DELETED>

SEC. 206. DISPOSAL OF CERTAIN MATERIAL TO COAST GUARD AUXILIARY.

    (a) Section 641 of title 14, United States Code, is amended--
            (1) by striking ``to the Coast Guard Auxiliary, including 
        any incorporated unit thereof,'' in subsection (a) ; and
            (2) by adding at the end thereof the following:
    ``(f)(1) Notwithstanding any other law, the Commandant may directly 
transfer ownership of personal property of the Coast Guard to the Coast 
Guard Auxiliary (including any incorporated unit thereof), with or 
without charge, if the Commandant determines--
            ``(A) after consultation with the Administrator of General 
        Services, that the personal property is excess to the needs of 
        the Coast Guard but is suitable for use by the Auxiliary in 
        performing Coast Guard functions, powers, duties, roles, 
        missions, or operations as authorized by law pursuant to 
        section 822 of this title; and
            ``(B) that such excess property will be used solely by the 
        Auxiliary for such purposes.
    ``(2) Upon transfer of personal property under paragraph (1), no 
appropriated funds shall be available for the operation, maintenance, 
repair, alteration, or replacement of such property, except as 
permitted by section 830 of this title.''.

         TITLE III--MARINE SAFETY AND ENVIRONMENTAL PROTECTION

SEC. 301. ALCOHOL TESTING.

    (a) Adminstrative Procedure.--Section 7702 of title 46, United 
States Code, is amended--
            (1) by striking ``(1)'' in subsection (c);
            (2) by redesignating paragraph (2) of subsection (c) as 
        subsection (d)(1) and by redesignating subsection (d) as 
        subsection (e);
            (3) by striking ``may'' in the second sentence of 
        subsection (d)(1) as redesignated, and inserting ``shall''; and
            (4) by adding at the end of subsection (d), as 
        redesignated, the following:
            ``(2) The Secretary shall establish procedures to ensure 
        that after a serious marine incident occurs, alcohol testing of 
        crew members responsible for the operation or other safety-
        sensitive functions of the vessel or vessels involved in such 
        incident is conducted no later than two hours after the 
        incident is stabilized.''.
    (b) Increase in Civil Penalty.--Section 2115 of title 46, United 
States Code, is amended by striking ``$1,000'' and inserting 
``$5,000''.
    (c) Increase in Negligence Penalty.--Section 2302(c)(1) of title 
46, United States Code, is amended by striking ``$1,000 for a first 
violation and not more than $5,000 for a subsequent violation; or'' and 
inserting ``$5,000; or''.

SEC. 302. PENALTY FOR VIOLATION OF INTERNATIONAL SAFETY CONVENTION.

    <DELETED>(a) In General.--</DELETED>Section 2302 of title 46, 
United States Code, is amended by adding at the following new 
subsection:
    ``(e)(1) A vessel may not be used to transport cargoes sponsored by 
the United States Government if the vessel has been detained by the 
Secretary for violation of an international safety convention to which 
the United States is a party, and the Secretary has published notice of 
that detention.
        <DELETED>    ``(2) The prohibition in paragraph (1) expires for 
        a vessel 1 year after the date of the detention on which the 
        prohibition is based or upon the Secretary granting an appeal 
        of the detention on which the prohibition is based.</DELETED>
        <DELETED>    ``(3) The head of a Federal Agency may grant an 
        exemption from the prohibition in paragraph (1) on a case by 
        case basis if the owner of the vessel to be used for transport 
        of the cargo sponsored by the United States Government can 
provide compelling evidence that the vessel is currently in compliance 
with applicable international safety conventions to which the United 
States is a party.</DELETED>
        <DELETED>    ``(4) As used in this subsection, the term `cargo 
        sponsored by the United States Government' means cargo for 
        which a Federal agency contracts directly for shipping by water 
        or for which (or the freight of which) a Federal agency 
        provides financing, including financing by grant, loan, or loan 
        guarantee, resulting in shipment of the cargo by 
        water.''.</DELETED>
    ``(2) The prohibition in paragraph (1) expires for a vessel 1 year 
after the date of the detention on which the prohibition is based or 
upon the Secretary granting an appeal of the detention on which the 
prohibition is based.
    ``(3) The head of a Federal Agency may grant an exemption from the 
prohibition in paragraph (1) on a case by case basis if the owner of 
the vessel to be used for transport of the cargo sponsored by the 
United States Government can provide compelling evidence that the 
vessel is currently in compliance with applicable international safety 
conventions to which the United States is a party.
    ``(4) As used in this subsection, the term `cargo sponsored by the 
United States Government' means cargo for which a Federal agency 
contracts directly for shipping by water or for which (or the freight 
of which) a Federal agency provides financing, including financing by 
grant, loan, or loan guarantee, resulting in shipment of the cargo by 
water.''.

SEC. 303. PROTECT MARINE CASUALTY INVESTIGATIONS FROM MANDATORY 
              RELEASE.

    Section 6305(b) of title 46, United States Code, is amended by 
striking all after ``public'' and inserting a period and ``This 
subsection does not require the release of information described by 
section 552(b) of title 5 or protected from disclosure by another law 
of the United States.''.

SEC. 304. ELIMINATE BIENNIAL RESEARCH AND DEVELOPMENT REPORT.

    <DELETED>(a) </DELETED>Section 7001 of the Oil Pollution Act of 
1990 (33 U.S.C. <DELETED>2701 et seq.</DELETED> 2761) is amended by 
striking subsection (e) and by redesignating subsection (f) as 
subsection (e).

SEC. 305. EXTENSION OF TERRITORIAL SEA FOR CERTAIN LAWS.

    (a) Ports and Waterways Safety Act.--Section 102 of the Ports and 
Waterways Safety Act (33 U.S.C. 1222) is amended by adding at the end 
the following:
            ``(5) `Navigable waters of the United States' includes all 
        waters of the territorial sea of the United States as described 
        in Presidential Proclamation 5928 of December 27, 1988.''.
    (b) Subtitle II of Title 46.--
            (1) Section 2101 of title 46, United States Code, is 
        amended--
                    (A) by redesignating paragraph (17a) as paragraph 
                (17b); and
                    (B) by inserting after paragraph (17) the 
                following:
            ``(17a) `navigable waters of the United States' includes 
        all waters of the territorial sea of the United States as 
        described in Presidential Proclamation 5928 of December 27, 
        1988.''.
            (2) Section 2301 of that title is amended by inserting 
        ``(including the territorial sea of the United States as 
        described in Presidential Proclamation 5928 of December 27, 
        1988)'' after ``of the United States''.
            (3) Section 4102(e) of that title is amended by striking 
        ``on the high seas'' and inserting ``beyond 3 nautical miles 
        from the baselines from which the territorial sea of the United 
        States is measured''.
            (4) Section 4301(a) of that title is amended by inserting 
        ``(including the territorial sea of the United States as 
        described in Presidential Proclamation 5928 of December 27, 
        1988)'' after ``of the United States''.
            (5) Section 4502(a)(7) of that title is amended by striking 
        ``on vessels that operate on the high seas'' and inserting 
        ``beyond 3 nautical miles from the baselines from which the 
        territorial sea of the United States is measured''.
            (6) Section 4506(b) of that title is amended by striking 
        paragraph (2) and inserting the following:
            ``(2) is operating--
                    ``(A) in internal waters of the United States; or
                    ``(B) within 3 nautical miles from the baselines 
                from which the territorial sea of the United States is 
                measured.''.
            (7) Section 8502(a)(3) of that title is amended by striking 
        ``not on the high seas'' and inserting: ``not beyond 3 nautical 
        miles from the baselines from which the territorial sea of the 
        United States is measured''.
            (8) Section 8503(a)(2) of that title is amended by striking 
        paragraph (2) and inserting the following:
            ``(2) <DELETED>is </DELETED>operating--
                    ``(A) in internal waters of the United States; or
                    ``(B) within 3 nautical miles from the baselines 
                from which the territorial sea of the United States is 
                measured.''.

SEC. 306. LAW ENFORCEMENT AUTHORITY FOR SPECIAL AGENTS OF THE COAST 
              GUARD INVESTIGATIVE SERVICE.

    (a) Authority.--Section 95 of title 14, United States Code, is 
amended to read as follows:
``Sec. 95. Special agents of the Coast Guard Investigative Service law 
              enforcement authority
    ``(a)(1) A special agent of the Coast Guard Investigative Service 
designated under subsection (b) has the following authority:
            ``(A) To carry firearms.
            ``(B) To execute and serve any warrant or other process 
        issued under the authority of the United States.
            ``(C) To make arrests without warrant for--
                    ``(i) any offense against the United States 
                committed in the agent's presence; or
                    ``(ii) any felony cognizable under the laws of the 
                United States if the agent has probable cause to 
                believe that the person to be arrested has committed or 
                is committing the felony.
    ``(2) The authorities provided in paragraph (1) shall be exercised 
only in the enforcement of statutes for which the Coast Guard has law 
enforcement authority, or in exigent circumstances.
    ``(b) The Commandant may designate to have the authority provided 
under subsection (a) any special agent of the Coast Guard Investigative 
Service whose duties include conducting, supervising, or coordinating 
investigation of criminal activity in programs and operations of the 
United States Coast Guard.
    ``(c) The authority provided under subsection (a) shall be 
exercised in accordance with guidelines prescribed by the Commandant 
and approved by the Attorney General and any other applicable 
guidelines prescribed by the Secretary of transportation or the 
Attorney General.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of title 14, United States Code, is amended by striking the 
item related to section 95 and inserting the following:

``95. Special agents of the Coast Guard Investigative Service; law 
                            enforcement authority.''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.

    Title 46, United States Code, is amended--
            (1) by striking ``or is not titled in a State'' in section 
        <DELETED>121O2(a); </DELETED>12102(a);
            (2) by adding at the end of section 12301 the following:
    ``(c) A documented vessel shall not be titled by a State or 
required to display numbers under this chapter, and any certificate of 
title issued by a State for a documented vessel <DELETED>than 
</DELETED>shall be surrendered in accordance with regulations 
prescribed by the Secretary.
    ``(d) The Secretary may approve the surrender under subsection (a) 
of a certificate of title covered by a preferred mortgage under section 
31322(d) of this title only if the mortgagee consents.'';
            (3) by striking section 31322(b) and inserting the 
        following:
    ``(b) Any indebtedness secured by a preferred mortgage that is 
filed or recorded under this chapter, or that is subject to a mortgage, 
security agreement, or instruments granting a security interest that is 
deemed to be a preferred mortgage under subsection (d) of this section, 
may have any rate of interest to which the parties agree.'';
            (4) by striking ``mortgage or instrument'' each place it 
        appears in section 31322(d)(1) and inserting ``mortgage, 
        security agreement, or instrument'';
            (5) by striking section <DELETED>31322(d)(1)(3) 
        </DELETED>31322(d)(3) and inserting the following:
            ``(3) A preferred mortgage under this subsection continues 
        to be a preferred mortgage even if the vessel is no longer 
        titled in the State where the mortgage, security agreement, or 
        instrument granting a security interest became a preferred 
        mortgage under this <DELETED>subsection''; 
        </DELETED>subsection.'';
            (6) by striking ``mortgages or instruments'' in subsection 
        31322(d)(2) and inserting ``mortgages, security agreements, or 
        instruments'';
            (7) by inserting ``a vessel titled in a State,'' in section 
        31325(b)(1) after ``a vessel to be documented under chapter 121 
        of this title,'';
            (8) by inserting ``a vessel titled in a State,'' in section 
        <DELETED>31325(b)(8) </DELETED>31325(b)(3) after ``a vessel for 
        which an application for documentation is filed under chapter 
        121 of this title,''; and
            (9) by inserting ``a vessel titled in a State,'' in section 
        31325(c) after ``a vessel to be documented under chapter 121 of 
        this title,''.

SEC. 402. CONVEYANCE OF COMMUNICATION STATION BOSTON MARSHFIELD 
              RECEIVER SITE, MASSACHUSETTS.

    (a) Authority to Convey.--
            (1) In general.--The Secretary of Transportation may 
        convey, by an appropriate means of conveyance, all right, 
        title, and interest of the United States in and to the Coast 
        Guard Communication Station Boston Marshfield Receiver Site, 
        Massachusetts, to the Town of Marshfield, Massachusetts.
            (2) Limitation.--The Secretary shall not convey under this 
        section the land on which is situated the communications tower 
        and the microwave building facility of that station.
            (3) Identification of property.--
                    (A) The Secretary may identify, describe and 
                determine the property to be conveyed to the Town under 
                this section.
                    (B) The Secretary shall determine the exact acreage 
                and legal description of the property to be conveyed 
                under this section by a survey satisfactory to the 
                Secretary. The cost of the survey shall be borne by the 
                Town.
    (b) Terms and Conditions.--Any conveyance of property under this 
section shall be made--
            (1) without payment of consideration; and
            (2) subject to the following terms and <DELETED>conditions; 
        </DELETED>conditions:
                    (A) The Secretary may reserve utility, access, and 
                any other appropriate easements on the property 
                conveyed for the purpose of operating, maintaining, and 
                protecting the communications tower and the microwave 
                building facility.
                    (B) The Town and its successors and assigns shall, 
                at their own cost and expense, maintain the property 
                conveyed under this section in a proper, substantial, 
                and workmanlike manner as necessary to ensure the 
                operation, maintenance, and protection of the 
                communications tower and the microwave building 
                facility.
                    (C) Any other terms and conditions the Secretary 
                considers appropriate to protect the interests of the 
                United States.
    (c) Effective Date.--The amendment made by subsection (a) takes 
effect January 1, 1998.

SEC. 403. CONVEYANCE OF NAHANT PARCEL, ESSEX COUNTY, MASSACHUSETTS.

    (a) In General.--The Commandant, United States Coast Guard, may 
convey, by an appropriate means of conveyance, all right, title, and 
interest of the United States in and to the United States Coast Guard 
Recreation Facility Nahant, Massachusetts, to the Town of Nahant.
    (b) Identification of Property.--The Commandant may identify, 
describe, and determine the property to be conveyed under this section.
    (c) Terms of Conveyance.--The conveyance of property under this 
section shall be made--
            (1) without payment of consideration; and
            (2) subject to such terms and conditions as the Commandant 
        may consider appropriate.

SEC. 404. CONVEYANCE OF EAGLE HARBOR LIGHT STATION.

    (a) Authority to Convey.--
            (1) In general.--The Administrator of the General Services 
        Administration shall convey, by an appropriate means of 
        conveyance, all right, title, and interest of the United States 
        in and to the Eagle Harbor Light Station, Michigan, to the 
        Keweenaw County Historical Society.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine the property to be conveyed 
        pursuant to this subsection.
    (b) Terms of Conveyance.--
            (1) In general.--The conveyance of property pursuant to 
        this section shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the conditions required by 
                paragraphs (3), (4), and (5) and other terms and 
                conditions the Secretary may consider appropriate.
            (2) Reversionary interest.--In addition to any term or 
        condition established pursuant to paragraph (1), the conveyance 
        of property pursuant to this section shall be subject to the 
        condition that all right, title, and interest in the property 
        conveyed shall immediately revert to the United States if the 
        property, or any part of the property--
                    (A) ceases to be maintained in a manner that 
                ensures its present or future use as a Coast Guard aid 
                to navigation; or
                    (B) ceases to be maintained in a manner consistent 
                with the provisions of the National Historic 
                Preservation Act of 1966 (16 U.S.C. 470 et seq.).
            (3) Maintenance of navigation functions.--The conveyance of 
        property pursuant to this section shall be made subject to the 
        conditions that the Secretary considers to be necessary to 
        assure that--
                    (A) the lights, antennas, and associated equipment 
                located on the property conveyed, which are active aids 
to navigation, shall continue to be operated and maintained by the 
United States;
                    (B) the person to which the property is conveyed 
                may not interfere or allow interference in any manner 
                with aids to navigation without express written 
                permission from the Secretary;
                    (C) there is reserved to the United States the 
                right to relocate, replace, or add any aid to 
                navigation or make any changes to the property conveyed 
                as may be necessary for navigational purposes;
                    (D) the United States shall have the right, at any 
                time, to enter the property without notice for the 
                purpose of maintaining aids to navigation; and
                    (E) the United States shall have an easement of 
                access to the property for the purpose of maintaining 
                the aids to navigation in use on the property.
            (4) Obligation limitation.--The person to which the 
        property is conveyed is not required to maintain any active aid 
        to navigation equipment on property conveyed pursuant to this 
        section.
            (5) Reversion based on use.--The conveyance of the property 
        described in subsection (a) is subject to the condition that 
        all right, title, and interest in the property conveyed shall 
        immediately revert to the United States if the property, or any 
        part of the property ceases to be used as a nonprofit center 
        for public benefit for the interpretation and preservation of 
        maritime history.
            (6) Maintenance of property.--The person to which the 
        property is conveyed shall maintain the property in accordance 
        with the National Historic Preservation Act of 1966 (16 U.S.C. 
        470 et seq.), and other applicable laws.

SEC. 405. CONVEYANCE OF COAST GUARD STATION OCRACOKE, NORTH CAROLINA.

    (a) Authority to Convey.--
            (1) In general.--The Commandant, United States Coast Guard, 
        or his designee (the ``Commandant'') may convey, by an 
        appropriate means of conveyance, all right, title, and interest 
        of the United States of America (the ``United States'') in and, 
        to the Coast Guard station Ocracoke, North Carolina, to the 
        ferry division of the North Carolina Department of 
        Transportation.
            (2) Identification of property.--The Commandant may 
        identify, describe, and determine the property to be conveyed 
        under this section.
    (b) Terms and Conditions.--The conveyance of any property under 
this section shall be made--
            (1) without payment of consideration; and
            (2) subject to the following terms and conditions:
                    (A) Easements.--The Commandant may reserve utility, 
                access, and any other appropriate easements upon the 
                property to be conveyed for the purpose of--
                            (i) use of the access road to the boat 
                        launching ramp;
                            (ii) use of the boat launching ramp; and
                            (iii) use of pier space for necessary 
                        search and rescue assets (including water and 
                        electrical power).
                    (B) Maintenance.--The ferry division of North 
                Carolina Department of Transportation, and its 
                successors and assigns shall, at its own cost and 
                expense, maintain the property conveyed under this 
                section in a proper, substantial and workmanlike manner 
                necessary for the use of any easements created under 
                subparagraph (A).
                    (C) Reversionary interest.--All right, title, and 
                interest in and to administered by the general services 
                administration if the property, or any part thereof, 
                ceases to be used by the Ferry Division of North 
                Carolina Department of Transportation.
                    (D) Other.--Any other terms and conditions the 
                Commandant may consider appropriate to protect the 
                interests of the United States.

SEC. 406. CONVEYANCE OF COAST GUARD PROPERTY TO JACKSONVILLE 
              UNIVERSITY, FLORIDA.

    (a) Authority to Convey.--
            (1) In general.--The Secretary of Transportation may convey 
        to the University of Jacksonville, Florida, without 
        consideration, all right, title, and interest of the United 
        States in and to the property comprising the Long Branch Rear 
        Range Light, Jacksonville, Florida.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine the property to be conveyed 
        under this section.
    (b) Terms and Conditions.--Any conveyance of any property under 
this section shall be made--
            (1) subject to the terms and conditions the Commandant may 
        consider appropriate; and
            (2) subject to the condition that all right, title, and 
        interest in and to property conveyed shall immediately revert 
        to the United States if the property, or any part thereof, 
        ceases to be used by Jacksonville University, Florida.

SEC. 407. COAST GUARD CITY, USA.

    The community of Grand Haven, Michigan, shall be recognized as 
``Coast Guard City, USA''.

SEC. 408. VESSEL DOCUMENTATION CLARIFICATION.

    Section 12102(a)(4) of title <DELETED>49, </DELETED>46, United 
States Code, and section 2(a) of the Shipping Act, 1916 (46 U.S.C. App. 
802(a)) are each amended by--
            (1) striking ``president or other''; and
            (2) inserting a comma and ``by whatever title,'' after 
        ``chief executive officer''.

SEC. 409. SANCTIONS FOR FAILURE TO LAND OR TO BRING TO; SANCTIONS FOR 
              OBSTRUCTION OF BOARDING AND PROVIDING FALSE INFORMATION.

    (a) In General.--Chapter 109 of title 18, United States Code, is 
amended by adding at the end new section 2237 to read as follows:
``Sec. 2237. Sanctions for failure to land or to bring to; sanctions 
              for obstruction of boarding and providing false 
              information
    ``(a)(1) It shall be unlawful for the pilot, operator, or person in 
charge of an aircraft which has crossed the border of the United 
States, or an aircraft subject to the jurisdiction of the United States 
operating outside the United States, to knowingly fail to obey an order 
to land by an authorized Federal law enforcement officer who is 
enforcing the laws of the United States relating to controlled 
substances, as that term is defined in section 102(6) of the Controlled 
Substances Act (21 U.S.C. 802(6)), or relating to money laundering 
(sections 1956-57 of this title).
    ``(2) The Administrator of the Federal Aviation Administration, in 
consultation with the Commissioner of Customs and the Attorney General, 
shall prescribe regulations governing the means by, and circumstances 
under which, a Federal law enforcement officer may communicate an order 
to land to a pilot, operator, or person in charge of an aircraft. Such 
regulations shall ensure that any such order is clearly communicated in 
accordance with applicable international standards. Further, such 
regulations shall establish guidelines based on observed conduct, prior 
information, or other circumstances for determining when an officer may 
use the authority granted under paragraph (1).
    ``(b)(1) It shall be unlawful for the master, operator, or person 
in charge of a vessel of the United States or a vessel subject to the 
jurisdiction of the United States, to knowingly fail to obey an order 
to bring to that vessel on being ordered to do so by an authorized 
Federal law enforcement officer.
    ``(2) It shall be unlawful for any person on board a vessel of the 
United States or a vessel subject to the jurisdiction of the United 
States to--
            ``(A) fail to comply with an order of an authorized Federal 
        law enforcement officer in connection with the boarding of the 
        vessel;
            ``(B) impede or obstruct a boarding or arrest or other law 
        enforcement action authorized by any Federal law; or
            ``(C) provide information to a Federal law enforcement 
        officer during a boarding of a vessel regarding the vessel's 
        destination, origin, ownership, registration, nationality, 
        cargo, or crew, which that person knows is false.
    ``(c) This section does not limit in any way the preexisting 
authority of a customs officer under section 581 of the Tariff Act of 
1930 or any other provision of law enforced or administered by the 
Customs Service, or the preexisting authority of any Federal law 
enforcement officer under any law of the United States to order an 
aircraft to land or a vessel to bring to.
    ``(d) A foreign nation may consent or waive objection to the 
enforcement of United States law by the United States under this 
section by radio, telephone, or similar oral or electronic means. 
Consent or waiver may be proven by certification of the Secretary of 
State or the Secretary's designee.
    ``(e) For purposes of this section--
            ``(1) A `vessel of the United States' and a `vessel subject 
        to the jurisdiction of the United States' have the meaning set 
        forth for these terms in the Maritime Drug Law Enforcement Act 
        (46 App. U.S.C. 1903);
            ``(2) an aircraft `subject to the jurisdiction of the 
        United States' includes--
                    ``(A) an aircraft located over the United States or 
                the customs waters of the United States;
                    ``(B) an aircraft located in the airspace of a 
                foreign nation, where that nation consents to the 
                enforcement of United States law by the United States; 
                and
                    ``(C) over the high seas, an aircraft without 
                nationality, an aircraft of United States registry, or 
                an aircraft registered in a foreign nation that has 
                consented or waived objection to the enforcement of 
                United States law by the United States;
            ``(3) an aircraft `without nationality' includes--
                    ``(A) an aircraft aboard which the pilot, operator, 
                or person in charge makes a claim of registry, which 
                claim is denied by the nation whose registry is 
                claimed; and
                    ``(B) an aircraft aboard which the pilot, operator, 
                or person in charge fails, upon request of an officer 
                of the United States empowered to enforce applicable 
                provisions of United States law, to make a claim of 
                registry for that aircraft;
            ``(4) the term `bring to' means to cause a vessel to slow 
        or come to a stop to facilitate a law enforcement boarding by 
        adjusting the course and speed of the vessel to account for the 
        weather conditions and sea state; and
            ``(5) the term `Federal law enforcement officer' has the 
        meaning set forth in section 115 of this title.
    ``(f) Any person who intentionally violates the provisions of this 
section shall be subject to--
            ``(1) imprisonment for not more than 3 years; and
            ``(2) a fine as provided in this title.
    ``(g) An aircraft that is used in violation of this section may be 
seized and forfeited. A vessel that is used in violation of subsection 
(b)(1) or subsection (b)(2)(A) may be seized and forfeited. The laws 
relating to the seizure, summary and judicial forfeiture, and 
condemnation of property for violation of the customs laws, the 
disposition of such property or the proceeds from the sale thereof, the 
remission or mitigation of such forfeitures, and the compromise of 
claims, shall apply to seizures and forfeitures undertaken, or alleged 
to have been undertaken, under any of the provisions of this section; 
except that such duties as are imposed upon the customs officer or any 
other person with respect to the seizure and forfeiture of property 
under the customs laws shall be performed with respect to seizures and 
forfeitures of property under this section by such officers, agents, or 
other persons as may be authorized or designated for that purpose. A 
vessel or aircraft that is used in violation of this section is also 
liable in rem for any fine or civil penalty imposed under this 
section.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 109 of 
title 18, United States Code, is amended by inserting the following new 
item after the item for section 2236:

``2237. Sanctions for failure to land or to bring to; sanctions for 
                            obstruction of boarding or providing false 
                            information.''.
```