[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.''.