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108th CONGRESS
2d Session
H. R. 4251
To amend various laws relating to maritime transportation, and for
other purposes.
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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
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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. 1. Short title.
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. 201. Enforcement.
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. 209. Conveyances.
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:
``70118. Enforcement.
``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:
``70117. Penalties.''.
(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:
``(15) towing vessels.''.
(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
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