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Maritime Transportation Amendments of 2004 (Introduced in House)
HR 4251 IH
108th CONGRESS
2d Session
H. R. 4251
To amend various laws relating to maritime transportation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 30, 2004
Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. LOBIONDO, and Mr. FILNER) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To amend various laws relating to maritime transportation, 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 `Maritime Transportation Amendments of 2004'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 2. Table of contents.
TITLE I--COAST GUARD
Sec. 101. Contingent expenses.
Sec. 102. Maximum service in active status for reserve rear admirals.
Sec. 103. Confidential investigative expenses.
Sec. 104. Renewal of advisory groups.
TITLE II--MARINE SAFETY AND ENVIRONMENTAL PROTECTION
Sec. 202. In rem liability for civil penalties.
Sec. 203. Delegation of port security authority.
Sec. 204. Notification of deficiencies.
Sec. 205. Drug testing reporting.
Sec. 206. Judicial review of National Transportation Safety Board final orders.
Sec. 207. Inspection of towing vessels.
Sec. 208. Westlake chemical barge documentation.
Sec. 210. Authority to settle.
TITLE I--COAST GUARD
SEC. 101. CONTINGENT EXPENSES.
Section 476 of title 14, United States Code, is amended--
(1) by striking `$7,500' and inserting `$50,000'; and
(2) by striking the second sentence.
SEC. 102. MAXIMUM SERVICE IN ACTIVE STATUS FOR RESERVE REAR ADMIRALS.
Section 743 of title 14, United States Code, is amended by striking `combined service in the grades of rear admiral and rear admiral (lower half)' and inserting `of service after the appointment of the officer to rear admiral (lower half).'.
SEC. 103. CONFIDENTIAL INVESTIGATIVE EXPENSES.
Section 658 of title 14, United States Code, is amended by striking `$15,000 per annum' and inserting `$45,000 each fiscal year'.
SEC. 104. RENEWAL OF ADVISORY GROUPS.
(a) Commercial Fishing Industry Vessel Safety Advisory Committee- Section 4508(e)(1) of title 46, United States Code, is amended by striking `of September 30, 2005' and inserting `on September 30, 2010'.
(b) Houston-Galveston Navigation Safety Advisory Committee- Section 18 of the Coast Guard Authorization Act of 1991 (Public Law 102-241; 105 Stat. 2213) is amended--
(1) in subsection (b) by striking `eighteen' and inserting `19';
(2) by adding at the end of subsection (b) the following:
`(12) One member representing recreational boating interests.'; and
(3) in subsection (h) by striking `September 30, 2005' and inserting `September 30, 2010'.
(c) Lower Mississippi River Waterway Safety Advisory Committee- Section 19(g) of the Coast Guard Authorization Act of 1991 (Public Law 102-241) is amended by striking `September 30, 2005' and inserting `September 30, 2010'.
(d) Great Lakes Pilotage Advisory Committee- Section 9307(f)(1) of title 46, United States Code, is amended by striking `September 30, 2005' and inserting `September 30, 2010'.
(e) Navigation Safety Advisory Council- Section 5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073(d)) is amended by striking `September 30, 2005' and inserting `September 30, 2010'.
(f) National Boating Safety Advisory Council- Section 13110(e) of title 46, United States Code, is amended by striking `September 30, 2005' and inserting `September 30, 2010'.
(g) Towing Safety Advisory Committee- Public Law 96-380 (33 U.S.C. 1231a) is amended in subsection (e) by striking `September 30, 2005' and inserting `September 30, 2010'.
TITLE II--MARINE SAFETY AND ENVIRONMENTAL PROTECTION
SEC. 201. ENFORCEMENT.
(a) In General- Chapter 701 of title 46, United States Code, is amended by adding at the end the following:
`Sec. 70118. Firearms, arrests, and seizure of property
`Subject to guidelines approved by the Secretary, members of the Coast Guard may, in the performance of official duties--
`(1) carry a firearm; and
`(2) while at a facility--
`(A) make an arrest without warrant for any offense against the United States committed in their presence; and
`(B) seize property as otherwise provided by law.
`Sec. 70119. Enforcement by State and local officers
`(a) In General- Any State or local government law enforcement officer who has authority to enforce State criminal laws may make an arrest for violation of a security zone regulation under section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191) or security or safety zone regulation under section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)) prescribed by a Coast Guard official authorized by law to prescribe such regulations, if--
`(1) such violation is a felony; and
`(2) the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such violation.
`(b) Other Powers not Affected- The provisions of this section are in addition to any power conferred by law to such officers. This section shall not be construed as a limitation of any power conferred by law to such officers, or any other officer of the United States or any State. This section does not grant to such officers any powers not authorized by the law of the State in which those officers are employed.'.
(b) Clerical Amendment- The chapter analysis at the beginning of chapter 701 of title 46, United States Code, is amended by adding at the end the following:
`70119. Enforcement by State and local officers.'.
SEC. 202. IN REM LIABILITY FOR CIVIL PENALTIES.
(a) Maritime Transportation Security Act-
(1) In general- Section 70117 of title 46, United States Code, is amended--
(A) by striking the section heading and inserting the following:
`Sec. 70117. Penalties';
(B) by inserting `(a) IN GENERAL- ' before `Any'; and
(C) by adding at the end the following:
`(b) In Rem Liability- Any vessel that is used in violation of this chapter, or of any regulation issued under this chapter, shall be liable in rem for any civil penalty assessed pursuant to subsection (a) and may be proceeded against in the United States district court for any district in which such vessel may be found.
`(c) Withholding of Clearance-
`(1) In general- If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (a), or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty or fine under subsection (a), the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91).
`(2) Clearance upon filing of bond or other surety- The Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.'.
(2) Conforming amendment- The chapter analysis for chapter 701 of title 46, United States Code, is amended by revising the item relating to section 70117 to read as follows:
(b) Magnuson Act- Section 2 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 192), is amended--
(1) in subsection (c) by striking `Act' each time it appears and inserting `title'; and
(2) by inserting at the end the following:
`(d) In Rem Liability- Any vessel that is used in violation of this title, or of any regulation issued under this title, shall be liable in rem for any civil penalty assessed pursuant to subsection (c) and may be proceeded against in the United States district court for any district in which such vessel may be found.
`(e) Withholding of Clearance-
`(1) In general- If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (c), or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty or fine under this section, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91).
`(2) Clearance upon filing of bond or other surety- The Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.'.
SEC. 203. DELEGATION OF PORT SECURITY AUTHORITY.
The undesignated text following paragraph (b) of the second unnumbered paragraph of section 1 of title II of the Act of June 15, 1917 (chapter 30; 40 Stat. 220; 50 U.S.C. 191) is amended by adding at the beginning the following: `The President may delegate the authority to issue such rules and regulations to the Secretary of the department in which the Coast Guard is operating.'.
SEC. 204. NOTIFICATION OF DEFICIENCIES.
(a) Correction of Deficiencies- Section 3313(b)(1) of title 46, United States Code, is amended by striking `be ordered in writing to correct the noted deficiencies promptly' and inserting `promptly correct any deficiencies'.
(b) Notification to Vessel-
(1) In general- Section 3712 of title 46, United States Code, is amended to read as follows:
`Sec. 3712. Notification of deficiencies
`The Secretary shall notify the owner, charterer, managing operator, agent, master, or individual in charge of a vessel of deficiencies found during any inspection or examination under this chapter.'.
(2) Clerical amendment- The chapter analysis for chapter 37 of title 46, United States Code, is amended by striking the item related to section 3712 and inserting the following:
`3712. Notification of deficiencies.'.
SEC. 205. DRUG TESTING REPORTING.
(a) In General- Chapter 77 of title 46, United States Code, is amended by adding at the end:
`Sec. 7706. Drug testing reporting
`(a) Release of Drug Test Results to Coast Guard- Not later than 2 weeks after receiving from a Medical Review Officer a report of a verified positive drug test or verified test violation by a civilian employee of a Federal agency, an officer in the Public Health Services, or an officer in the National Oceanic and Atmospheric Administration Commissioned Officer Corps, who is employed in any capacity on board a vessel operated by the agency, the head of the agency shall release to the Commandant of the Coast Guard the report.
`(b) Standards, Procedures, and Regulations- The head of a Federal agency shall carry out a release under subsection (a) in accordance with the standards, procedures, and regulations applicable to the disclosure and reporting to the Coast Guard of drug tests results and drug test records of individuals employed on vessels documented under the laws of the United States.
`(c) Waiver- Notwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note), the report of a drug test of an employee may be released under this section without the prior written consent of the employee.'.
(b) Conforming Amendment- The chapter analysis for chapter 77 of title 46, United States Code, is amended by adding at the end the following:
`7706. Drug testing reporting.'.
SEC. 206. JUDICIAL REVIEW OF NATIONAL TRANSPORTATION SAFETY BOARD FINAL ORDERS.
Section 1153 of title 49, United States Code, is amended by adding at the end the following:
`(d) Commandant Seeking Judicial Review of Maritime Matters- If the Commandant of the Coast Guard decides that an order of the Board issued pursuant to a review of a Coast Guard action under section 1133 of this title will have an adverse impact on maritime safety or security, the Commandant may obtain judicial review of the order under subsection (a). The Commandant, in the official capacity of the Commandant, shall be a party to the judicial review proceedings.'.
SEC. 207. INSPECTION OF TOWING VESSELS.
(a) Vessels Subject to Inspection- Section 3301 of title 46, United States Code, is amended by adding at the end the following:
(b) Safety Management System- Section 3306 of chapter 33 of title 46, United States Code, is amended by adding at the end the following:
`(j) The Secretary may establish by regulation a safety management system appropriate for the characteristics, methods of operation, and nature of service of towing vessels.'.
SEC. 208. WESTLAKE CHEMICAL BARGE DOCUMENTATION.
Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883) and section 12106 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for each of the following vessels:
(1) Barge WCAO-101 (United States official number 506677).
(2) Barge WCAO-102 (United States official number 506851).
(3) Barge WCAO-103 (United States official number 506852).
(4) Barge WCAO-104 (United States official number 507172).
(5) Barge WCAO-105 (United States official number 507173).
(6) Barge WCAO-106 (United States official number 620514).
(7) Barge WCAO-107 (United States official number 620515).
(8) Barge WCAO-108 (United States official number 620516).
(9) Barge WCAO-3002 (United States official number 295147).
(10) Barge WCAO-3004 (United States official number 517396).
SEC. 209. CONVEYANCES.
(a) In General- The Commandant of the Coast Guard shall convey all right, title, and interest of the United States in and to each of the vessels described in subsection (b) to the recipient listed in subsection (b) with respect to that vessel, without consideration, if the recipient complies with the conditions under subsection (c).
(b) Vessel Described- The vessels and recipients referred to in subsection (a) are the following:
(1) The Coast Guard 44-foot Motor Life Boat Vessel #44345 formally assigned to the Group Grand Haven Command, to the city of Ludington, Michigan.
(2) One decommissioned `Balsam Class' 180-foot Coast Guard vessel (whether decommissioned before or after the date of enactment of this Act) to CAS Foundation, Inc. (a nonprofit corporation under the laws of the State of Indiana).
(c) Conditions- As a condition of any conveyance of a vessel under subsection (a), the Commandant shall require the recipient to--
(A) to use the vessel for purposes of education and historical display;
(B) not to use the vessel for commercial transportation purposes;
(C) to make the vessel available to the United States Government if needed for use by the Commandant in time of war or a national emergency; and
(D) to hold the Government harmless for any claims arising from exposure to hazardous materials, including asbestos and polychlorinated biphenyls (PCBs), after conveyance of the vessel, except for claims arising from use of the vessel by the Government under subparagraph (C);
(2) have funds available that will be committed to operate and maintain the vessel conveyed in good working condition, in the form of cash, liquid assets, or a written loan commitment; and
(3) agree to any other conditions the Commandant considers appropriate.
(d) Maintenance and Delivery of Vessel- Prior to conveyance of a vessel under this section, the Commandant shall, to the extent practical, and subject to other Coast Guard mission requirements, make every effort to maintain the integrity of the vessel and its equipment until the time of delivery. The Commandant shall deliver a vessel conveyed under this section at the place where the vessel is located, in its present condition, and without cost to the Government. The conveyance of a vessel under this section shall not be considered a distribution in commerce for purposes of section 6(e) of Public Law 94-469 (15 U.S.C. 2605(e)).
(e) Other Excess Equipment- The Commandant may convey to the recipient of a vessel under this section any excess equipment or parts from other decommissioned Coast Guard vessels for use to enhance the vessel's operability and function as an historical display.
SEC. 210. AUTHORITY TO SETTLE.
Section 1015 of the Oil Pollution Act of 1990 (33 U.S.C. 2715) is amended by adding at the end the following:
`(d) Authority to Settle- The head of any department or agency responsible for recovering amounts for which a person is liable under this title may consider, compromise, and settle a claim for such amounts, including such costs paid from the Fund, if the claim has not been referred to the Attorney General. In any case in which the total amount to be recovered may exceed $500,000 (excluding interest), a claim may be compromised and settled under the preceding sentence only with the prior written approval of the Attorney General.'.
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