[Congressional Record Volume 143, Number 137 (Monday, October 6, 1997)]
[Senate]
[Pages S10428-S10432]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HATCH (for himself, Mr. Reid, Mr. Coverdell, Mr. Thurmond, 
        Mr. Gramm, and Mr. Burns):
  S. 1256. A bill to simplify and expedite access to the Federal courts 
for injured parties whose rights and privileges, secured by the U.S. 
Constitution, have been deprived by final actions of Federal Agencies, 
or other Government officials or other Government officials or entities 
acting under color of State law; to prevent Federal courts from 
abstaining from exercising Federal jurisdiction in actions in which no 
State law claim is alleged; to permit certification of unsettled State 
law questions that are essential to Federal claims arising under the 
Constitution; to allow for efficient adjudication of constitutional 
claims brought by injured parties in the U.S. district courts and the 
Court of Federal Claims; to clarify when Government action is 
sufficiently final to ripen certain Federal claims arising under the 
Constitution; and for other purposes; to the Committee on the 
Judiciary.


               the citizens access to justice act of 1997

  Mr. HATCH. Mr. President, I am pleased today to introduce the 
Citizens Access to Justice Act of 1997. Many Members of the Senate have 
as a paramount concern the protection of individual rights protected by 
our Constitution.
  One particular right--the right to own and use private property free 
from arbitrary governmental action--is increasingly under attack from 
the regulatory state. Indeed, despite the constitutional requirement 
for the protection of property rights, the America of the late 20th 
century has witnessed an explosion of Federal regulation that has 
jeopardized the private ownership of property with the consequent loss 
of individual liberty.
  Under current Federal regulations, thousands of Americans have been 
denied the right to the quiet use and enjoyment of their private 
property. Arbitrary bureaucratic enforcement of Federal and State 
regulatory programs has prevented Americans from building homes and 
commercial buildings, plowing fields, repairing barns and fences, 
clearing brush and fire hazards, felling trees, and even removing 
refuse and pollutants, all on private property.
  To make matters worse, many property owners often are unable to 
safeguard their rights because they effectively are denied access to 
Federal courts. In a society based upon the rule of law, the ability to 
protect property and other rights is of paramount importance. Indeed, 
it was Chief Justice John Marshall, who in the seminal 1803 cast of 
Marbury versus Madison, observed that the ``government of the United 
States has been emphatically termed a government of laws, and not of 
men. It will cease to deserve this high appellation, if the laws 
furnish no remedy for the violation of a vested right.'' Despite this 
core belief of John Marshall and other Founders, the ability of 
property owners to vindicate their rights in court today is being 
hampered by the overlapping and confusing jurisdiction of the Court of 
Federal Claims and the Federal district courts over fifth amendment 
property rights claims. It is also frustrated by localities which 
sometimes create labyrinths of administrative hurdles that property 
owners must jump through before being able to bring a claim in Federal 
court to vindicate their Federal constitutional rights. CAJA seeks to 
remedy these situations. Let me explain.
  The Tucker Act, which waives the sovereign immunity of the United 
States by granting the Court of Federal Claims jurisdiction to 
entertain monetary claims against the United States, actually 
complicates the ability of a property owner to vindicate their right to 
just compensation for a Government action that has caused a taking. The 
law currently forces a property owner to elect between equitable relief 
in the Federal district court and monetary relief in the Court of 
Federal Claims. Further difficulty arises when the law is used by the 
Government to urge dismissal in the district court on the ground that 
the plaintiff should seek just compensation in the Court of Federal 
Claims, and is used to urge dismissal in the Court of Federal Claims on 
the ground that plaintiff should first seek equitable relief in the 
district court.

  This Tucker Act shuffle is aggravated by section 1500 of the Tucker 
Act, which denies the Court of Federal Claims jurisdiction to entertain 
a suit which is pending in another court and brought by the same 
plaintiff. Section 1500 is so poorly drafted and has brought so many 
hardships, that Justice Stevens, in Keene Corporation versus United 
States, 113 S.Ct. 2035, 2048 (1993), has called for its repeal or 
amendment. CAJA would resolve the jurisdictional muddle by both 
repealing section 1500 and by eliminating the

[[Page S10429]]

Tucker Act shuffle, thereby granting to both courts concurrent 
jurisdiction to fully adjudicate takings claims. To assure uniformity 
in property rights law, appeals from both courts would be heard by the 
Court of Appeals for the Federal Circuit.
  Adding to this jurisdictional problem, is the misapplication by many 
courts of the finality doctrine. These courts have required claimants 
to jump through endless administrative, appellate and other hoops, 
sometimes created by agencies to retard the legitimate use and 
development of property, before these courts will adjudicate claims. 
This has resulted in increased costs to the taxpayers and has impeded 
innocent property owners from vindicating their constitutionally 
protected rights. Recently, the U.S. Supreme Court in Suitum versus 
Tahoe Regional Planning Agency--1997, struck as an impermissible burden 
on property rights such administrative and appellate schemes that make 
it overly difficult for property owners to protect their rights in 
court. CAJA would codify the Suitum case, thereby providing courts with 
guidance on the application of the finality doctrine.
  Finally, I must emphasize that CAJA certainly does not create any 
substantive rights. The definition of property, as well as what 
constitutes a taking under the just compensation clause of the fifth 
amendment, is left to the courts to define. The bill would not change 
existing case law's ad hoc, case-by-case definition of regulatory 
takings. Instead, it would provide a procedural fix to the litigation 
muddle that delays and increases the cost of litigating a fifth 
amendment taking case. All CAJA does is to provide for fair procedures 
to allow property owners the means to safeguard their rights by having 
their day in court.
  I ask for your support to allow just claimants their day in court.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mr. Hollings, and Mr. Breaux):
  S. 1259. A bill to authorize appropriations for fiscal years 1998 and 
1999 for the U.S. Coast Guard, and for other purposes; to the Committee 
on Commerce, Science, and Transportation.


    the coast guard authorization act for fiscal years 1998 and 1999

  Ms. SNOWE. Mr. President, today I am pleased to introduce the Coast 
Guard Authorization Act for fiscal years 1998 and 1999.
  The Coast Guard is one of our Nation's truly essential agencies. It 
aids people in distress on our bays, oceans, and waterways, preventing 
injuries and loss of life on these waters.
  It enforces all Federal laws and treaties related to the high seas 
and U.S. waters. It is the lead Federal agency for preventing and 
responding to major pollution incidents in the coastal zone. It makes 
our ports and shipping lanes safe for efficient marine transportation 
and commerce. And, as one of the five armed forces, it provides a 
critical component of the Nation's defense strategy.
  A few statistics graphically illustrate the Coast Guard's importance 
to the Nation. Last year, it saved 4,750 lives, assisted more than 
90,000 individuals in distress, and saved or protected nearly $6 
billion in property.
  As part of its law enforcement mission in 1996, the Coast Guard 
confiscated 29 tons of cocaine and marijuana that was destined for the 
United States. It intercepted over 9000 immigrants headed to our 
shores.
  During the same year, the Coast Guard responded to more than 17,000 
pollution incidents. And the maritime cargo activities that the Coast 
Guard monitors and protects are estimated to contribute $74 billion 
annually to our GDP.
  Fortunately for the American people, the Coast Guard performs these 
and other essential missions with a high degree of professionalism.
  Last year, Congress enacted the Coast Guard Authorization Act of 
1996, which authorized the Coast Guard through fiscal year 1997. The 
bill we are introducing today reauthorizes the Coast Guard for the next 
2 years--fiscal years 1998 and 1999.
  It authorizes both appropriations and personnel levels for these 2 
years. And it also contains various provisions that are designed to, 
among other things, provide greater flexibility to the Coast Guard on 
personnel administration, streamline the inventory management process, 
eliminate an unnecessary reporting requirement, and enhance the 
effectiveness of the Coast Guard Investigative Service. The bill also 
provides authority to transfer excess property to the Coast Guard 
Auxiliary, protects personal information from release to the public 
during marine casualty investigations, conforms the U.S. territorial 
sea definition in certain laws to the 1988 Presidential Proclamation 
extending it from 3 to 12 miles, provides for some noncontroversial 
property conveyances, and contains other provisions.

  One provision that deserves particular mention relates to marine 
safety. Needless to say, we must have a zero tolerance policy when it 
comes to the use of alcohol and illegal drugs by anyone involved with 
the operation of a vessel. Unfortunately, some problems have arisen in 
recent years with the implementation of the Coast Guard's chemical 
testing requirements that apply in the aftermath of serious marine 
incidents like oil spills.
  Last year, after the oil tanker Julie N hit a bridge in Portland, ME, 
and spilled 170,000 gallons of oil, it was revealed that the pilot of 
the vessel failed to complete a test for alcohol, as required by 
regulation. Consequently, we will never know whether he was under the 
influence of alcohol when he hit the bridge. And this is not the only 
case of such a lapse. The National Transportation Safety Board, with 
whom I consulted on this language, has identified approximately 20 
cases in recent years in which chemical testing procedures have not 
been properly complied with after serious marine incidents.
  This bill contains a provision designed to address the problem. 
Whereas current regulations only require the marine employer to ensure 
that alcohol tests are promptly conducted, the bill adds a provision 
that will require the Coast Guard to ensure that these tests are 
conducted, one way or another, within 2 hours of the accident being 
stabilized. The provision also increases the civil penalty for failure 
to comply with Coast Guard chemical testing procedures from $1,000 to 
$5,000. With these two changes, we will now have a clear chain of 
accountability in the testing process and a powerful incentive that 
should prevent testing lapses--and hopefully accidents related to 
intoxication--from occurring the in the future.
  Mr. President, this is a good bill that enjoys bipartisan support on 
the Commerce Committee. I look forward to moving this bill to the 
Senate floor at the earliest opportunity.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1259

       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. Use of appropriated funds for commercial vehicles at military 
              funerals.
Sec. 203. Authority to reimburse Novato, California, Reuse Commission.
Sec. 204. Eliminate supply fund reimbursement requirement.
Sec. 205. Authority to implement and fund certain awards programs.
Sec. 206. Disposal of certain material to Coast Guard Auxiliary.

         TITLE III--MARINE SAFETY AND ENVIRONMENTAL PROTECTION

Sec. 301. Alcohol testing.
Sec. 302. Penalty for violation of International Safety Convention.
Sec. 303. Protect marine casualty investigations from mandatory 
              release.
Sec. 304. Eliminate biennial research and development report.
Sec. 305. Extension of territorial sea for certain laws.
Sec. 306. Law enforcement authority for special agents of the Coast 
              Guard Investigative Service.

[[Page S10430]]

                        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.

               TITLE I--APPROPRIATIONS; AUTHORIZED LEVELS

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) 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) 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) The Coast Guard is authorized an end-of-year strength 
     for active duty personnel of 37,660 as of September 30, 1998.
       (b) 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) 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) 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) 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 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. USE OF APPROPRIATED FUNDS FOR COMMERCIAL VEHICLES 
                   AT MILITARY FUNERALS.

       Section 93 of title 14, United States Code, as amended by 
     Section 203 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. AUTHORITY TO REIMBURSE NOVATO, CALIFORNIA, REUSE 
                   COMMISSION.

       The Commandant 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. 204. ELIMINATE SUPPLY FUND REIMBURSEMENT REQUIREMENT.

       Subsection 650(a) of title 14, United States Code, is 
     amended by striking ``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.'' 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.''.

     SEC. 205. 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 (w);
       (2) by striking the period at the end of paragraph (x) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(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).''.

     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

[[Page S10431]]

     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) Administrative 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'' and inserting ``$5,000''.

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

       (a) In General.--Section 2302 of title 46, United States 
     Code, is amended by adding at the end 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.
       ``(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.

       (a) Section 7001 of the Oil Pollution Act of 1990 (33 
     U.S.C. 2701 et seq.) 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) 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.''.

     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 
     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 
     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 than 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 31322(d)(1)(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 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)91) after ``a vessel to be documented under 
     chapter 121 of this title,'';

[[Page S10432]]

       (8) by inserting ``a vessel titled in a State,'' in section 
     31325(b)(8) 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 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.
       (b) 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 interests 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 1201(a)(4) of title 49, 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''.

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