[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4251 Introduced in House (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. 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 
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--
            (1) agree--
                    (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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