Coast Guard Authorization Act of 1986
PL 99-640 (H.R.4208), enacted 11/10/1986

[CORRECTED PRINT*] 
PUBLIC LAW 99-640—NOV. 10, 1986 
100 STAT. 3545 
Public Law 99-640 
99th Congress 
An Act 
To authorize appropriations for the Coast Guard for fiscal year 1987, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may 
be cited as the "Coast Guard Authorization Act of 1986". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 2. Funds are authorized to be appropriated for necessary 
expenses of the Coast Guard for fiscal year 1987, as follows: 
(1) For the operations and maintenance of the Coast Guard, 
$1,862,800,000, of which not more than $20,000,000 may be made 
available to the Commandant of the Coast Guard for discre-
tionary use in meeting unanticipated demands and needs for 
Coast Guard operation and maintenance; and for increases in 
salary, pay, and other employee benefits authorized by law, 
such sums as may be necessary. 
(2) For the acquisition, construction, rebuilding, and improve-
ment of aids to navigation, shore facilities, vessels, and aircraft, 
including equipment related thereto, $267,000,000, to remain 
available until expended. 
(3) For 
research, 
development, 
test, 
and 
evaluation, 
$20,000,000, to remain available until expended. 
(4) For retired pay, including the payment of obligations 
therefor otherwise chargeable to lapsed appropriations for this 
purpose, and payments under the Retired Serviceman's Family 
Protection and Survivor Benefit Plans, and for payments for 
medical care of retired personnel and their dependents under 
; 
the Dependents' Medical Care Act, $364,000,000. 
(5) If funds are appropriated to any other officer of the United 
States for carrying out the purposes described in paragraphs (1) 
through (4) of this section, such officer may transfer to the 
Secretary of the department in which the Coast Guard is operat-
; 
ing the full amount of such funds. Such funds shall be allocated 
by the Secretary to such purposes. 
AUTHORIZED LEVELS OF MILITARY STRENGTH AND MILITARY TRAINING 
SEC. 3. (a) For fiscal year 1987, the Coast Guard is authorized an 
end-of-year strength for active duty personnel of 39,200. The 
authorized strength does not include members of the Ready Reserve 
called to active duty under the authority of section 712 of title 14, 
United States Code. 
(h) For fiscal year 1987, the Coast Guard is authorized average 
military training student loads as follows: 
(1) For recruit and special training, 3,200 student-years. 
(2) For flight training, 110 student-years. 
Nov. 10, 1986 
[H.R. 4208] 
Coast Guard 
Authorization 
Act of 1986. 
Uniformed 
services. 
Maritime affairs. 
10 use 
1071-1085, 3687 
note. 
•NOTE: "[H.R. 4208]" has been added in lieu of "[H.R. 4708]' 
reference in the margin. 
in the bill number 
100 STAT. 3546 
PUBLIC LAW 99-640—NOV. 10, 1986 
(3) For professional training in military and civilian institu-
tions, 441 student-years. 
(4) For officer acquisition, 925 student-years. 
:, - \^^ 
TRANSFER OF FUNDS 
SEC. 4. (a) Whenever the Secretary of the department in which the 
Coast Guard is operating determines it to be in the national interest, 
the Secretary may transfer not to exceed 5 percent of the funds 
.^. , »
, 
appropriated for the purposes described in section 2(2) of this Act to 
the Commandant at the Coast Guard for discretionary use in meet-
ing unanticipated demands and needs for Coast Guard operations 
and maintenance under section 2(1) of this Act. 
'' • 
(b) No transfer of funds may occur under subsection (a) of this 
section until 15 days after the Secretary has provided written 
notification to the Committee on Commerce, Science, and Transpor-
tation of the Senate, the Committee on Merchant Marine and 
Fisheries of the House of Representatives, and the Appropriations 
Committees of the Senate and House of Representatives stating the 
reasons for such determination and a description of the purposes for 
which the funds proposed to be transferred will be used. 
UMITATIONS ON CONTRACTING PERFORMED BY THE COAST GUARD 
10 use 2304 
SEC. 5. (aXD It is in the national interest for the Coast Guard to 
"°*^ 
maintain a logistics capability (including personnel, equipment, and 
facilities) to provide a ready and controlled source of technical 
competence and resources necessary to ensure the effective and 
timely performance of Coast Guard missions in behalf of the secu-
rity, safety, and economic and environmental well-being of the 
United States. 
(2)(A) The Secretary of the department in which the Coast Guard 
is operating shall identify those Coast Guard activities that are 
necessary to maintain the logistics capability described in para-
graph (1) of this subsection. The Secretary shall provide a list of such 
t^': ./ 
activities to the Committee on Commerce, Science, and Transpor-
tation of the Senate and to the Committee on Merchant Marine and 
Fisheries of the House of Representatives not later than January 31, 
1987. If the Secretary does not provide such list by that date, no 
activity performed by Coast Guard personnel may be contracted for 
{)erformance by non-government personnel after such date until the 
ist is provided to such committees. 
(B) The list submitted by the Secretary under this paragraph shall 
not include— 
(i) any activity that is being performed under contract by non-
government personnel on the date of enactment of this Act; or 
(ii) any activity for which Congress received, prior to April 1, 
1986, a written notification pursuant to section 14(b)(2) of the 
Coast Guard Authorization Act of 1984 (Public Law 98-557; 98 
Stat. 2864) of intent to contract. 
(bXD Except as provided in paragraph (2) of this subsection, 
performance of an activity identified by the Secretary under subsec-
tion (aX2) of this section may not be contracted for performance by 
non-government personnel. 
(2) The Secretary may waive paragraph (1) of this subsection with 
respect to any Coast Guard activity (other than an activity described 
in subsection (d) of this section), if the Secretary determines that the 
PUBLIC LAW 99-640—NOV. 10, 1986 
100 STAT. 3547 
performance of such activity by Government personnel is no longer 
necessary to ensure the effective and timely performance of Coast 
Guard missions. 
(3) A waiver under paragraph (2) of this subsection may not take 
effect until a period of 30 days in which either the Senate or House 
of Representatives is in session has expired after the Secretary has 
submitted in writing to the Committee on Commerce, Science, and 
Transportation of the Senate and to the Committee on Merchant 
Marine and Fisheries of the House of Representatives a full and 
complete statement concerning the waiver and the reasons therefor. 
(c) Before the beginning of fiscal year 1987, the Secretary shall 
submit to the Committee on Commerce, Science, and Transportation 
of the Senate and to the Committee on Merchant Marine and 
Fisheries of the House of Representatives a list of Coast Guard 
activities that are to be considered for performance by contract by 
non-Government personnel under the procedures of Office of 
Management and Budget Circular A-76 during that fiscal year. 
(d)(1) Notwithstanding any other provision of law, each contract 
awarded by the Coast Guard in fiscal year 1987 for construction or 
services to be performed in whole or in part in a State which has an 
unemployment rate in excess of the national average rate of 
unemployment (as determined by the Secretary of Labor) shall 
include a provision requiring the contractor to employ, for the 
purpose of performing that portion of the contract in that State, 
individuals who are local residents and who, in the case of any craft 
or trade, possess or would be able to acquire promptly the necessary 
skills. The Secretary of the department in which the Coast Guard is 
operating may waive the requirements of this subsection in the 
interest of national security or economic efficiency. 
(2) As used in this subsection, the term "local resident" means an 
individual within daily commuting distance even if not a resident of 
the State which has an unemployment rate in excess of the national 
average rate of unemployment (as determined by the Secretary of 
Labor), in accordance with paragraph (1) of this subsection. 
State and local 
governments. 
Employment 
and 
unemployment. 
MARITIME DEFENSE ZONE 
SEC. 6. Section 2 of title 14, United States Code, is amended by 
inserting immediately before the period at the end thereof the 
following: ", including the fulfillment of Maritime Defense Zone 
command responsibilities." 
BOAT SAFETY PROGRAM 
SEC. 7. (a) Section 9503(c)(4) of title 26, United States Code, is 
amended— 
(1) in subparagraph (A), by striking "45,000,000" each place it 
appears and inserting in lieu thereof "60,000,000" for Fiscal 
Year 1987 only and $45,000,000 for each Fiscal Year thereafter;" 
and (2) by adding at the end thereof the following: 
"(E) DETERMINATION.—The amount of payments made 
under this paragraph after October 1, 1986 shall be deter-
mined by the Secretary in accordance with the methodology 
described in the Treasury Department's Report to Congress 
of June 1986 entitled'Gasoline Excise Tax Revenues Attrib-
utable to Fuel Used in Recreational Motorboats.' Further, a 
"
i
f
^ 
portion of the payments made by the Secretary from Fiscal 
Taxes. 
100 STAT. 3548 
PUBLIC LAW 99-640—NOV. 10, 1986 
State and local 
governments. 
46 u s e 13103 
note. 
Claims. 
26 u s e 6621. 
; 
Year 1987 motorfuel excise tax receipts shall be used to 
increase the funding for boating safety programs during 
Fiscal Year 1987 only." 
(b) Section 13106(c) of title 46, United States Code, is amended by 
striking "one-third" and inserting in lieu thereof "one-half for Fiscal 
Year 1987 and one-third for each Fiscal Year thereafter." 
(c) Section 13106(a) of title 46, United States Code, is amended by 
striking "two-thirds" and inserting in lieu thereof "one-half for 
Fiscal Year 1987 and two-thirds for each Fiscal Year thereafter". 
(d) Before making any allocation under this section for a fiscal 
year, the Secretary shall retain not less than one percent nor more 
than two percent of the amount appropriated for that year for State 
recreational boating safety programs for the pa3mient of costs of 
administration of this chapter. 
PAYMENT OF INTEREST TO COAST GUARD AUXILIARY 
SEC. 8. Section 830 of title 14, United States Code, is amended— 
(1) by inserting "(a)" before "Appropriations"; and 
(2) by adding at the end thereof the following: 
"(b) The Secretary may pay interest on a claim under this section 
in any case in which a payment authorized under this section is not 
made within 60 days after the submission of the claim in a manner 
prescribed by the Secretary. The rate of interest for purposes of this 
section shall be the annual rate established under section 6621 of 
the Internal Revenue Code of 1954.". 
14 u s e 821 note. 
Reports. 
Reports. 
USE OF COAST GUARD AUXIUARY 
SEC. 9. (a) It is the sense of the Congress that the Coast Guard 
Auxiliary performs a broad range of services in behalf of the safety 
and security of the American people, and that the continued 
strength and vitality of the Coast Guard Auxiliary is important to 
the United States. 
(bXl) The Secretary of Transportation shall investigate and 
submit to the Congress a report within 1 year after the date of 
enactment of this Act regarding— 
(A) the extent to which membership of the Coast Guard 
, 
Auxiliary has declined in recent years and the causes of such 
.; decline; 
(B) the effect, if any, on the maritime community of any such 
decline in the performance levels of the Coast Guard Auxiliary 
in the areas of life-saving, assistance to persons in distress, 
safety patrols and inspections, and support missions for the 
Coast Guard; and 
(C) the effect, if any, of the Coast Guard's non-emergency 
assistance policy on the overall effectiveness of the Coast Guard 
Auxiliary. 
(2) The report submitted by the Secretary under this section shall 
include such recommendations for legislative and administrative 
action as the Secretary considers appropriate to achieve and main-
tain the Coast Guard Auxiliary at its optimum strength. 
MISCELLANEOUS AMENDMENTS TO TITLE 14 AND TITLE 46 
SEC. 10. (aXD The analysis of parts, before section 1 of title 14, 
United States Code, is amended by striking 
"II. Coast Guard Reserve and Auxiliary 
751" 
PUBLIC LAW 99-640—NOV. 10, 1986 
100 STAT. 3549 
and inserting in lieu thereof 
"11. Coast Guard Reserve and Auxiliary 
701". 
(2) The analysis of chapters of part II of title 14, United States 
Code, is amended by striking 
"21. Coast Guard Reserve 
751" 
and inserting in lieu thereof 
"21. Coast Guard Reserve 
701". 
(3) Section 82 of title 14, United States Code, is amended by 
striking "Federal Aviation Act of 1958, as amended (49 U.S.C. 
1301 et seq.)" and inserting in lieu thereof "Federal Aviation Act of 
1958 (49 App. U.S.C. 1301 et seq.)". 
(4) Section 91 of title 14, United States Code, is amended to read as 
follows: 
"§ 91. Safety of naval vessels 
"(a) The Secretary may control the anchorage and movement of 
any vessel in the navigable waters of the United States to ensure the 
safety or security of any United States naval vessel in those waters. 
"(b) If the Secretary does not exercise the authority in subsection 
(a) of this section and immediate action is required, the senior naval 
officer present in command may control the anchorage or movement 
of any vessel in the navigable waters of the United States to ensure 
the safety and security of any United States naval vessel under the 
officer's command. 
"(c) If a person violates, or a vessel is operated in violation of, this 
section or a regulation or order issued under this section, the person 
or vessel is subject to the enforcement provisions in section 13 of the 
Ports and Waterways Safety Act (33 U.S.C. 1232).". 
(5) Section 146 of title 14, United States Code, is amended by 
striking "Postmaster General" and inserting in lieu thereof 
"United States Postal Service". 
(6)(A) Sections 431, 433, 434, and 438 of title 14, United States 
Code, are repealed, except that the repeal of such sections shall not 
affect rights and duties that matured, penalties that were incurred, 
and proceedings that were begun under such sections before the 
date of enactment of this Act. 
(B) The analysis of chapter 11 of title 14, United States Code, is 
amended by striking the items relating to sections 431, 433, 434, and 
438. 
(7) Section 432(g) of title 14, United States Code, is amended— 
(A) by inserting "(1)" immediately after "(g)"; and 
(B) by striking the last paragraph and inserting in lieu 
thereof the following: 
"(2) The additional compensation authorized by this subsection 
shall be included in any computation of compensation under section 
6 of the Act of June 20,1918 (33 U.S.C. 763).". 
(8) Section 829 of title 14, United States Code, is amended by 
striking "Section" and inserting in lieu thereof "section". 
(9) The first section of the Act entitled "An Act to require 
authorization for certain appropriations for the Coast Guard, and 
for other purposes", approved June 21, 1963 (77 Stat. 68; 14 U.S.C. 
(bXD Section 2101(1 lb) of title 46, United States Code, is amended 
by inserting "freezing," immediately after "icing,". 
(2XA) Chapter 75 of title 46, United States Code, is amended by 
adding at the end the following new section: 
100 STAT. 3550 
PUBLIC LAW 99-640—NOV. 10, 1986 
46 use 7504. 
"§ 7504. Travel and expense reimbursement 
"When a requirement to qualify for the issuance of, or endorse-
ment on, a certificate, license, or document under this part is 
administered at a place at the request of an applicant or an 
applicant's representative, the applicant or representative may re-
imburse the Secretary for the travel and subsistence expenses 
incurred by the personnel assigned to perform the administration of 
the requirement. Amounts received as reimbursement under this 
section shall be credited to the appropriation for operating expenses 
of the Coast Guard.". 
(B) The analysis of chapter 75 of title 46, United States Code, is 
amended by adding at the end the following: 
"7504. Travel and expense reimbursement.". 
(3) Section 10101 (1) and (3) of title 46, United States Code, is 
amended by striking "owned by a citizen of the United States". 
(4) Sections 10313 (e) and (h), 10314(e), 10504(a), and 10505(d) of 
title 46, United States Code, are amended by striking the last 
(5) Section 10504(d)(3) of title 46, United States Code, is amended 
by striking "(except a vessel taking oysters)". 
MANNING REQUIREMENTS OF MOBILE OFFSHORE DRILLING UNITS 
SEC. 11. (a) Section 2101 of title 46, United States Code, is amended 
by inserting immediately after paragraph (15) the following: 
"(15a) 'mobile offshore drilling unit' means a vessel capable of 
engaging in drilling operations for the exploration or exploi-
tation of subsea resources.". 
(b) Section 8101(a) of title 46, United States Code, is amended to 
read as follows: 
42 use 3101. 
"(a) The certificate of inspection issued to a vessel under part B of 
this subtitle shall state the complement of licensed individuals and 
crew (including lifeboatmen) considered by the Secretary to be 
necessary for safe operation. A manning requirement imposed on— 
"(1) a sailing school vessel shall consider the participation of 
sailing school instructors and sailing school students in the 
operation of that vessel; and 
"(2) a mobile offshore drilling unit shall consider the special-
ized nature of the unit.". 
(c) Section 8701(a) of title 46, United States Code, is amended— 
(1) by striking "and" at the end of paragraph (6); 
(2) by striking the period at the end of paragraph (7) and 
? 
inserting in lieu thereof "; and"; and 
(3) by adding at the end thereof the following: 
"(8) a mobile offshore drilling unit with respect to individuals, 
• V other than crew members required by the certificate of inspec-
tion, engaged on board the unit for the sole purpose of carrying 
out the industrial business or function of the unit.". 
(d) Section 8301(c) of title 46, United States Code, is amended by 
inserting ", a mobile offshore drilling unit when on location,' 
immediately after "vessel". 
TOWING U C E N S E 
. . ..^ 
- , 
SEC. 12. (a) Section 8904 of title 46, United States Code, is 
amended— 
PUBLIC LAW 99-640—NOV. 10, 1986 
100 STAT. 3551 
(1) by inserting "(a)" immediately before "A towing"; and 
(2) adding at the end thereof the following: 
"(b) A vessel that tows a disabled vessel for consideration shall be 
operated by an individual licensed by the Secretary to operate that 
type of vessel in the particular geographic area, under prescribed 
regulations.". 
(b) The amendments made by subsection (a) of this section shall 
take effect on January 1,1988. 
FORFEITED VESSELS 
SEC. 13. (a) Whenever a vessel is forfeited to the United States, the 
vessel may be donated, in accordance with procedures under the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
471 et seq.), to an educational institution with a commercial fishing 
vessel safety program or other vessel safety, education and training 
program, if the institution has certified to the Federal officer 
referred to in subsection (b) of this section that the program includes 
at a minimum the following courses in vessel safety: 
(1) vessel stability; 
(2) firefighting; 
J. 
(3) shipboard first aid; 
(4) marine safety and survival; and 
(5) seamanship rules of the road. 
(b) The donation of a vessel under this section shall be made on 
terms and conditions considered appropriate by the Federal officer 
making such donation, including requirements that— 
(1) the educational institution must accept the vessel as is, 
where it is, and without warranty of any kind and without any 
representation as to its condition or suitability for use. 
(2) the educational institution shall be responsible for 
maintaining the vessel; 
(3) the vessel shall be used only for instructing students in 
vessel safety education and training programs; 
(4) if the vessel is eligible to be documented, it must be 
documented by the educational institution as a vessel of the 
United States under chapter 121 of title 46, United States Code, 
and the requirements of paragraph (5) of this subsection shall be 
noted on the permanent record of the vessel; 
(5) the educational institution must obtain the prior approval 
of the Administrator of General Services before disposing of the 
vessel, and any proceeds from the disposal of the vessel shall be 
payable to the United States Government; and 
(6) the vessel shall be inspected or regulated in the same 
manner as a nautical school vessel under chapter 33 of title 46, 
United States Code. 
(c) The United States shall not be liable in an action arising out of 
the transfer or use of a vessel that has been transferred under this 
section. 
(d) Section 2101(17) of title 46, United States Code, is amended by 
inserting immediately before the period the following: "or an edu-
cational institution under section 13 of the Coast Guard Authoriza-
tion Act of 1986". 
(e) Section 3305(c) of title 46, United States Code, is amended by 
inserting immediately after "school" the second place it appears the 
following: "or by an educational institution under section 13 of the 
Coast Guard Authorization Act of 1986". 
Effective date. 
46 u s e 8904 
note. 
Gifts and 
property. 
Schools and 
colleges. 
40 u s e 484d. 
Records. 
46 u s e 12101 
et seq. 
46 u s e 3301 
et seq. 
100 STAT. 3552 
PUBLIC LAW 99-640—NOV. 10, 1986 
LIMITATION ON TRAINING 
South Africa. 
SEC. 14. Notwithstanding any other provision of law, no training 
or course of instruction may be provided by the Coast Guard to 
employees of the government or to members of the armed services of 
the Republic of South Africa during fiscal year 1987. 
STATUS REPORTS ON POLAR ICEBREAKING VESSELS 
1
4 use 663 note. 
SEC. 15. The Secretary of the department in which the Coast 
Guard is operating shall provide detailed reports to Congress 
concerning the status of design and construction plans for the 
procurement of at least two new polar icebreaking vessels. Such 
reports shall be included in the Cutter Plan required annually by 
section 663 of title 14, United States Code, and shall be submitted 
each year until at least two new polar icebreaking vessels have been 
delivered to the Coast Guard. 
Fish and fishing. 
21 use 
955a-955d. 
Maritime Drug 
Law 
Enforcement 
Act. 
46 u s e app. 
1901. 
Defense and 
national 
security. 
46 u s e app. 
1902. 
46 u s e app. 
1903. 
46 u s e 12101 
et seq. 
46 u s e 12301 
et seq. 
VESSEL SAFETY 
SEC. 16. Section 4102 of title 46, United States Code, is amended by 
adding at the end thereof the following: 
"(e) Each uninspected fishing, fish processing, or fish tender vessel 
operating on the high seas shall be equipped with the number and 
type of emergency position indicating radio beacons prescribed by 
regulation.". 
PROSECUTIONS OF MARITIME DRUG TRAFFICKERS 
SEC. 17. The Act entitled "An Act to facilitate increased enforce-
ment by the Coast Guard of laws relating to the importation of 
controlled substances, and for other purposes", approved September 
15, 1980 (Public Law 96-350; 94 Stat. 1159) is amended by striking 
ever5rthing immediately after the enacting clause and inserting in 
lieu thereof the following: 
"That this Act may be cited as the 'Maritime Drug Law Enforce-
ment Act'. 
"SEC. 2. The Congress finds and declares that trafficking in con-
trolled substances aboard vessels is a serious international problem 
and is universally condemned. Moreover, such trafficking presents a 
specific threat to the security and societal well-being of the United 
States. 
"SEC. 3. (a) It is unlawful for any person on board a vessel of the 
United States, or on board a vessel subject to the jurisdiction of the 
United States, to knowingly or intentionally manufacture or distrib-
ute, or to possess with intent to manufacture or distribute, a con-
trolled substance. 
"(b) For purposes of this section, a 'vessel of the United States' 
means— 
"(1) a vessel documented under chapter 121 of title 46, United 
States Code, or a vessel numbered £is provided in chapter 123 of 
that title; 
"(2) a vessel owned in whole or part by— 
"(A) the United States or a territory, commonwealth, or 
possession of the United States; 
"(B) a State or political subdivision thereof; 
"(C) a citizen or national of the United States; or 
PUBLIC LAW 99-640—NOV. 10, 1986 
100 STAT. 3553 
"(D) a corporation created under the laws of the United 
States or any State, the District of Columbia, or any terri-
tory, commonwealth, or possession of the United States; 
unless the vessel has been granted the nationality of a foreign 
nation in accordance with article 5 of the 1958 Cfonvention on 
the High Seas; and 
13 UST 2312. 
"(3) a vessel that was once documented under the laws of the 
United States and, in violation of the laws of the United States, 
was either sold to a person not a citizen of the United States or 
placed under foreign registry or a foreign flag, whether or not 
the vessel has been granted the nationality of a foreign nation. 
"(c)(1) For purposes of this section, a 'vessel subject to the jurisdic-
tion of the United States' includes— 
"(A) a vessel without nationality; 
"(B) a vessel assimilated to a vessel without nationality, in 
accordance with paragraph (2) of article 6 of the 1958 Conven-
tion on the High Seas; 
"(C) a vessel registered in a foreign nation where the flag 
nation has consented or waived objection to the enforcement of 
United States law by the United States; 
"(D) a vessel located within the customs waters of the United 
States; and 
"(E) a vessel located in the territorial waters of another 
nation, where the nation consents to the enforcement of United 
States law by the United States. 
Consent or waiver of objection by a foreign nation to the enforce-
ment of United States law by the United States under subparagraph 
(C) or (E) of this paragraph may be obtained by radio, telephone, or 
similar oral or electronic means, and mav be proved by certification 
of the Secretary of State or the Secretary s designee. 
"(2) For purposes of this section, a 'vessel without nationality' 
includes— 
"(A) a vessel aboard which the master or person in charge 
makes a claim of registry, which claim is denied by the flag 
nation whose registry is claimed; and 
"(B) any vessel aboard which the master 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 nationality or registry for that vessel. 
A claim of registry under subparagraph (A) may be verified or 
denied by radio, telephone, or similar oral or electronic means. The 
denial of such claim of registry by the claimed flag nation may be 
proved by certification of the Secretary of State or the Secretary's 
designee. 
"(3) For purposes of this section, a claim of nationality or registry 
only includes: 
"(A) possession on board the vessel and production of docu-
ments evidencing the vessel's nationality in accordance with 
article 5 of the 1958 Convention on the High Seas; 
"(B) fl5dng its flag nation's ensign or flag; or 
"(C) a verbal claim of nationality or registry by the master or 
person in charge of the vessel. 
"(d) A clEum of failure to comply with international law in the 
Claims. 
enforcement of this Act may be invoked solely by a foreign nation, 
and a failure to comply with international law shall not divest a 
court of jurisdiction or otherwise constitute a defense to any 
proceeding under this Act. 
Communications 
and tele-
communications. 
Claims. 
Communications 
and tele-
communications. 
Claims. 
100 STAT. 3554 
PUBLIC LAW 99-640—NOV. 10, 1986 
Imports. 
"(e) This section does not apply to a common or contract carrier or 
an employee thereof, who possesses or distributes a controlled sub-
stance in the lawful and usual course of the carrier's business or to a 
public vessel of the United States, or any person on board such a 
" 
vessel who possesses or distributes a controlled substance in the 
lawful course of such person's duties, if the controlled substance is a 
part of the cargo entered in the vessel's manifest and is intended to 
be lawfully imported into the country of destination for scientific, 
medical, or other legitimate purposes. It shall not be necessary for 
the United States to negative the exception set forth in this subsec-
tion in any complaint, information, indictment, or other pleading or 
in any trial or other proceeding. The burden of going forward with 
the evidence with respect to this exception is upon the person 
claiming its benefit. 
"(f) Any person who violates this section shall be tried in the 
United States district court at the point of entry where that person 
enters the United States, or in the United States District Court of 
the District of Columbia. 
"(g)(1) Any person who commits an offense defined in this section 
shall be punished in accordance with the penalties set forth in 
section 1010 of the Comprehensive Drug Abuse Prevention and 
Control Act of 1970 (21 U.S.C. 960). 
"(2) Notwithstanding paragraph (1) of this subsection, any person 
convicted of an offense under this Act shall be punished in accord-
ance with the penalties set forth in section 1012 of the Comprehen-
' 
/ ", 
sive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 962) 
if such offense is a second or subsequent offense as defined in section 
1012(b) of that Act. 
"(h) This section is intended to reach acts of possession, manufac-
ture, or distribution committed outside the territorial jurisdiction of 
the United States. 
"(i) The definitions in the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 802) apply to terms used in this 
Act. 
"(j) Any person who attempts or conspires to commit any offense 
defined in this Act is punishable by imprisonment or fine, or both, 
which may not exceed the maximum punishment prescribed for the 
offense, the commission of which was the object of the attempt or 
conspiracy. 
46USCapp. 
"SEC. 4. Any property described in section 511(a) of the Com-
1904. 
prehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. 881(a)) that is used or intended for use to commit, or to 
facilitate the commission of, an offense under this Act shall be 
subject to seizure and forfeiture in the same manner as similar 
E
roperty seized or forfeited under section 511 of the Comprehensive 
irug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881).". 
AUTHORITY TO ISSUE CERTAIN CERTIFICATES 
SEC. 18. Notwithstanding sections 12105, 12106, 12107, and 12108 
of title 46, United States Code, and section 27 of the Merchant 
Marine Act, 1920 (46 App. U.S.C. 883), as applicable on the date of 
the enactment of this Act, the Secretary of the department in which 
PUBLIC LAW 99-640—NOV. 10, 1986 
100 STAT. 3555 
the Coast Guard is operating may issue a certificate of documenta-
tion for the following vessels: Dunes Spirit, United States official 
number 690176; Kodiak Queen, United States official number 
507891; La Reina, United States official number 230115; Northwind, 
United States official number 230147; and Wanderbird, United 
States official number 229607. 
Approved November 10, 1986. 
LEGISLATIVE HISTORY—H.R. 4208: 
HOUSE REPORTS: No. 99-547 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORTS: No. 99-530 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
May 6, considered and passed House. 
Oct. 16, considered and passed Senate, amended; House concurred in Senate 
amendment.