[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5413 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5413

  To make improvements in the codification of title 46, United States 
                                 Code.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2006

    Mr. Sensenbrenner (for himself and Mr. Conyers) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To make improvements in the codification of title 46, United States 
                                 Code.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. PURPOSE.

  The purpose of this Act is to make improvements in the codification 
of title 46, United States Code, as enacted by H.R. 1442 (109th 
Congress), based on--
          (1) public comments submitted too late to be incorporated in 
        the codification; and
          (2) amendments to laws, made after the cutoff date specified 
        in section 18(a) of that bill, which were repealed and replaced 
        by the codification.

SEC. 2. PERSONAL INJURY TO OR DEATH OF SEAMEN.

  Section 30104 of title 46, United States Code, is amended by striking 
subsections (a) and (b) and inserting the following:
  ``(a) Cause of Action.--A seaman injured in the course of employment 
or, if the seaman dies from the injury, the personal representative of 
the seaman may bring an action relying on the laws of the United States 
regulating recovery for personal injury to, or death of, a railway 
employee. Such an action may be maintained in admiralty or, at the 
plaintiff's election, as an action at law, with the right of trial by 
jury.
  ``(b) Venue.--When the plaintiff elects to maintain an action at law, 
venue shall be in the judicial district in which the employer resides 
or the employer's principal office is located.''.

SEC. 3. AMENDMENTS TO CHAPTER 537.

  (1) Section 53701 of title 46, United States Code, is amended by--
          (A) redesignating paragraphs (2)-(13) as paragraphs (3)-(14), 
        respectively;
          (B) inserting after paragraph (1) the following:
          ``(2) Administrator.--The term `Administrator' means the 
        Administrator of the Maritime Administration.''; and
          (C) amending paragraph (13) (as redesignated) to read as 
        follows:
          ``(13) Secretary.--The term `Secretary' means the Secretary 
        of Commerce with respect to fishing vessels and fishery 
        facilities.''.
  (2) Section 53706(c) of title 46, United States Code, is amended to 
read as follows:
  ``(c) Priorities for Certain Vessels.--
          ``(1) Vessels.--In guaranteeing or making a commitment to 
        guarantee an obligation under this chapter, the Administrator 
        shall give priority to--
                  ``(A) a vessel that is otherwise eligible for a 
                guarantee and is constructed with assistance under 
                subtitle D of the Maritime Security Act of 2003 (46 
                U.S.C. 53101 note); and
                  ``(B) after applying subparagraph (A), a vessel that 
                is otherwise eligible for a guarantee and that the 
                Secretary of Defense determines--
                          ``(i) is suitable for service as a naval 
                        auxiliary in time of war or national emergency; 
                        and
                          ``(ii) meets a shortfall in sealift capacity 
                        or capability.
          ``(2) Time for determination.--The Secretary of Defense shall 
        determine whether a vessel satisfies paragraph (1)(B) not later 
        than 30 days after receipt of a request from the Administrator 
        for such a determination.''.
  (3) Section 53707 of title 46, United States Code, is amended in--
          (A) subsections (a) and (d), by inserting ``or 
        Administrator'' after ``Secretary'' each place it appears;
          (B) subsection (b), by striking ``Secretary of 
        Transportation'' and inserting ``Administrator'';
          (C) subsection (c), by striking ``of Commerce''; and
          (D) subsection (d)(2), by--
                  (i) inserting ``if the Secretary or Administrator 
                considers necessary,'' before ``the waiver''; and
                  (ii) striking ``the increased'' and inserting ``any 
                significant increase in''.
  (4) Section 53708 of title 46, United States Code, is amended in--
          (A) subsection (a), by striking ``Secretary'' and ``Secretary 
        of Transportation'' each place they appear in the heading and 
        in text and inserting ``Administrator'';
          (B) subsections (b) and (c), by striking ``of Commerce'' each 
        place it appears in a heading and in text;
          (C) subsection (d), by--
                  (i) inserting ``or Administrator'' after 
                ``Secretary'' the first place it appears; and
                  (ii) striking ``financial structures, or other risk 
                factors identified by the Secretary. Any independent 
                analysis conducted under this subsection shall be 
                performed by a party chosen by the Secretary.'' and 
                inserting ``or financial structures. A third party 
                independent analysis conducted under this subsection 
                shall be performed by a private sector expert in 
                assessing such risk factors who is selected by the 
                Secretary or Administrator.''; and
          (D) subsection (e), by--
                  (i) inserting ``or Administrator'' after 
                ``Secretary'' the first place it appears; and
                  (ii) striking ``financial structures, or other risk 
                factors identified by the Secretary'' and inserting 
                ``or financial structures''.
  (5) Section 53712(b) of title 46, United States Code, is amended by 
striking the last sentence and inserting ``If the Secretary or 
Administrator has waived a requirement under section 53707(d) of this 
title, the loan agreement shall include requirements for additional 
payments, collateral, or equity contributions to meet the waived 
requirement upon the occurrence of verifiable conditions indicating 
that the obligor's financial condition enables the obligor to meet the 
waived requirement.''.
  (6) Subsections (c) and (d) of section 53717 of title 46, United 
States Code, are amended by striking ``of Commerce'' each place it 
appears in a heading and in text.
  (7) Section 53732(e)(2) of title 46, United States Code, is amended 
by inserting ``of Defense'' after ``Secretary'' the second time it 
appears.
  (8) The following provisions of title 46, United States Code, are 
amended by striking ``Secretary'' and ``Secretary of Transportation'' 
and inserting ``Administrator'':
          (A) Section 53710(b)(2)(A)(i).
          (B) Section 53717(b) each place it appears in a heading and 
        in text.
          (C) Section 53718.
          (D) Section 53731 each place it appears, except when 
        ``Secretary'' is followed by ``of Energy''.
          (E) Section 53732 each place it appears, except when 
        ``Secretary'' is followed by ``of the Treasury'', ``of State'', 
        or ``of Defense''.
          (F) Section 53733 each place it appears.
  (9) Section 53710(b)(1) of title 46, United States Code, is amended 
by striking ``Secretary's'' and inserting ``Administrator's''.
  (10) The following provisions of title 46, United States Code, are 
amended by inserting ``or Administrator'' after ``Secretary'' each 
place it appears in headings and text, except when ``Secretary'' is 
followed by ``of Transportation'' or ``of the Treasury'':
          (A) The items relating to sections 53722 and 53723 in the 
        table of sections at the beginning of chapter 537.
          (B) Sections 53701(1), (4), and (9) (as redesignated by 
        paragraph (1)(A)), 53702(a), 53703, 53704, 53706(a)(3)(B)(iii), 
        53709(a)(1), (b)(1) and (2)(A), and (d), 53710(a) and (c), 
        53711, 53712 (except the last place it appears, as amended by 
        paragraph (5)), 53713 to 53716, 53721 to 53725, and 53734.
  (11) Sections 53715(d)(1), 53716(d)(3), 53721(c), 53722(a)(1) and 
(b)(1)(B), and 53724(b) of title 46, United States Code, are amended by 
inserting ``or Administrator's'' after ``Secretary's''.

SEC. 4. MISCELLANEOUS AMENDMENTS.

  Title 46, United States Code, is amended as follows:
          (1) Chapters 513 and 515 are amended by striking ``Naval 
        Reserve'' each place it appears in analyses, headings, and text 
        and inserting ``Navy Reserve''.
          (2) Section 51504(f) is amended to read as follows:
  ``(f) Fuel Costs.--
          ``(1) In general.--Subject to the availability of 
        appropriations, the Secretary shall pay to each State maritime 
        academy the costs of fuel used by a vessel provided under this 
        section while used for training.
          ``(2) Maximum amounts.--The amount of the payment to a State 
        maritime academy under paragraph (1) may not exceed--
                  ``(A) $100,000 for fiscal year 2006;
                  ``(B) $200,000 for fiscal year 2007; and
                  ``(C) $300,000 for fiscal year 2008 and each fiscal 
                year thereafter.''
          (3) Section 51505(b)(2)(B) is amended by striking 
        ``$200,000'' and inserting ``$300,000 for fiscal year 2006, 
        $400,000 for fiscal year 2007, and $500,000 for fiscal year 
        2008 and each fiscal year thereafter''.
          (4) Section 51701(a) is amended by inserting before the 
        period at the end ``and to perform functions to assist the 
        United States merchant marine, as determined necessary by the 
        Secretary''.
          (5)(A) Section 51907 is amended to read as follows:
``Sec. 51907. Provision of decorations, medals, and replacements
  ``The Secretary of Transportation may provide--
          ``(1) the decorations and medals authorized by this chapter 
        and replacements for those decorations and medals; and
          ``(2) replacements for decorations and medals issued under a 
        prior law.''.
          (B) In the table of sections of chapter 519, the item 
        relating to section 51907 is amended to read as follows:

``51907.  Provision of decorations, medals, and replacements.''.
          (6)(A) The following new chapter is inserted after chapter 
        539:

                      ``CHAPTER 541--MISCELLANEOUS

``Sec.
``54101.  Assistance for small shipyards and maritime communities.''.
          (B) Section 3506 of the National Defense Authorization Act 
        for Fiscal Year 2006 (46 App. U.S.C. 1249) is transferred to 
        and redesignated as section 54101 of title 46, United States 
        Code, to appear at the end of chapter 541 of title 46, as 
        enacted by subparagraph (A).
          (C) The heading of section 54101 is amended to read as 
        follows:
``Sec. 54101. Assistance for small shipyards and maritime 
              communities''.
          (D) The table of chapters at the beginning of subtitle V is 
        amended by inserting after the item relating to chapter 539 the 
        following new item:

Miscellaneous...................................................54101''.
          (7) Section 55101(b) is amended by--
                  (A) inserting ``or'' after the semicolon at the end 
                of paragraph (2);
                  (B) striking paragraph (3); and
                  (C) redesignating paragraph (4) as paragraph (3).
          (8) Section 60301 is amended in--
                  (A) subsection (a), by striking ``2 cents per ton 
                (but not more than a total of 10 cents per ton per 
                year)'' and inserting ``4.5 cents per ton, not to 
                exceed a total of 22.5 cents per ton per year, for 
                fiscal years 2006 through 2010, and 2 cents per ton, 
                not to exceed a total of 10 cents per ton per year, for 
                each fiscal year thereafter,''; and
                  (B) subsection (b), by striking ``6 cents per ton 
                (but not more than a total of 30 cents per ton per 
                year)'' and inserting ``13.5 cents per ton, not to 
                exceed a total of 67.5 cents per ton per year, for 
                fiscal years 2006 through 2010, and 6 cents per ton, 
                not to exceed a total of 30 cents per ton per year, for 
                each fiscal year thereafter,''.

SEC. 5. REPEALS.

  The following provisions are repealed, except with respect to rights 
and duties that matured, penalties that were incurred, or proceedings 
that were begun before the date of enactment of this Act:

                                                Statutes at Large
----------------------------------------------------------------------------------------------------------------
                                                                          Statutes at Large
             Date                Public Law           Section        --------------------------   U.S. Code (46
                                                                      Volume        Page              App.)
----------------------------------------------------------------------------------------------------------------
             1936
June 29                         858           1113..................  ......  ................  1279f
                                ............  1114..................  ......  ................  1279g
             2006
Jan. 6                          109-163       515(g)(2).............     119  3236............  1131, 1295b,
                                                                                                 1295c
                                ............  3502..................     119  3547............  1295c
                                ............  3507(a)-(c)(3), (d)...     119  3555, 3557......  1271-1280, 1280b
                                ............  3509..................     119  3557............  1295e
                                ............  3510..................     119  3557............  2004
 
Feb. 8                          109-171       4001..................     120  27..............  121, 132
----------------------------------------------------------------------------------------------------------------

SEC. 6. EFFECTIVE DATE.

  This Act shall be effective only if H.R. 1442 in the 109th Congress 
is enacted. If such bill is enacted, this Act shall be effective on the 
date of, and immediately after, enactment of such bill.
                                 <all>