[Congressional Record (Bound Edition), Volume 147 (2001), Part 3]
[House]
[Pages 4113-4116]
[From the U.S. Government Publishing Office, www.gpo.gov]



                MARITIME POLICY IMPROVEMENT ACT OF 2001

  Mr. LoBIONDO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1098) to improve the recording and discharging of maritime 
liens and expand the American Merchant Marine Memorial Wall of Honor, 
and for other purposes.
  The Clerk read as follows:

                               H.R. 1098

       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 Policy Improvement 
     Act of 2001''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Vessel COASTAL VENTURE.
Sec. 4. Expansion of American Merchant Marine Memorial Wall of Honor.
Sec. 5. Discharge of agricultural cargo residue.
Sec. 6. Recording and discharging maritime liens.
Sec. 7. Tonnage of R/V DAVIDSON.
Sec. 8. Miscellaneous certificates of documentation.
Sec. 9. Exemption for Victory Ships.
Sec. 10. Certificate of documentation for 3 barges.
Sec. 11. Certificate of documentation for the EAGLE.
Sec. 12. Waiver for vessels in New World Challenge Race.
Sec. 13. Vessel ASPHALT COMMANDER.

     SEC. 3. VESSEL COASTAL VENTURE.

       Section 1120(g) of the Coast Guard Authorization Act of 
     1996 (Public Law 104-324; 110 Stat. 3978) is amended by 
     inserting ``COASTAL VENTURE (United States official number 
     971086),'' after ``vessels''.

     SEC. 4. EXPANSION OF AMERICAN MERCHANT MARINE MEMORIAL WALL 
                   OF HONOR.

       (a) Findings.--The Congress finds that--
       (1) the United States Merchant Marine has served the people 
     of the United States in all wars since 1775;
       (2) the United States Merchant Marine served as the 
     Nation's first navy and defeated the British Navy to help 
     gain the Nation's independence;

[[Page 4114]]

       (3) the United States Merchant Marine kept the lifeline of 
     freedom open to the allies of the United States during the 
     Second World War, making one of the most significant 
     contributions made by any nation to the victory of the allies 
     in that war;
       (4) President Franklin D. Roosevelt and many military 
     leaders praised the role of the United States Merchant Marine 
     as the ``Fourth Arm of Defense'' during the Second World War;
       (5) more than 250,000 men and women served in the United 
     States Merchant Marine during the Second World War;
       (6) during the Second World War, members of the United 
     States Merchant Marine faced dangers from the elements and 
     from submarines, mines, armed raiders, destroyers, aircraft, 
     and ``kamikaze'' pilots;
       (7) during the Second World War, at least 6,830 members of 
     the United States Merchant Marine were killed at sea;
       (8) during the Second World War, 11,000 members of the 
     United States Merchant Marine were wounded, at least 1,100 of 
     whom later died from their wounds;
       (9) during the Second World War, 604 members of the United 
     States Merchant Marine were taken prisoner;
       (10) 1 in 32 members of the United States Merchant Marine 
     serving in the Second World War died in the line of duty, 
     suffering a higher percentage of war-related deaths than any 
     of the other armed services of the United States; and
       (11) the United States Merchant Marine continues to serve 
     the United States, promoting freedom and meeting the high 
     ideals of its former members.
       (b) Grants To Construct Addition to American Merchant 
     Marine Memorial Wall of Honor.--
       (1) In general.--The Secretary of Transportation may make 
     grants to the American Merchant Marine Veterans Memorial 
     Committee, Inc., to construct an addition to the American 
     Merchant Marine Memorial Wall of Honor located at the Los 
     Angeles Maritime Museum in San Pedro, California.
       (2) Federal share.--The Federal share of the cost of 
     activities carried out with a grant made under this section 
     shall be 50 percent.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $500,000 for 
     fiscal year 2002.

     SEC. 5. DISCHARGE OF AGRICULTURAL CARGO RESIDUE.

       Notwithstanding any other provision of law, the discharge 
     from a vessel of any agricultural cargo residue material in 
     the form of hold washings shall be governed exclusively by 
     the provisions of the Act to Prevent Pollution from Ships (33 
     U.S.C. 1901 et seq.) that implement Annex V to the 
     International Convention for the Prevention of Pollution from 
     Ships.

     SEC. 6. RECORDING AND DISCHARGING MARITIME LIENS.

       (a) Liens on Any Documented Vessel.--
       (1) In general.--Section 31343 of title 46, United States 
     Code, is amended as follows:
       (A) By amending the section heading to read as follows:

     ``Sec. 31343. Recording and discharging liens''.

       (B) In subsection (a) by striking ``covered by a preferred 
     mortgage filed or recorded under this chapter'' and inserting 
     ``documented, or for which an application for documentation 
     has been filed, under chapter 121''.
       (C) By amending subsection (b) to read as follows:
       ``(b)(1) The Secretary shall record a notice complying with 
     subsection (a) of this section if, when the notice is 
     presented to the Secretary for recording, the person having 
     the claim files with the notice a declaration stating the 
     following:
       ``(A) The information in the notice is true and correct to 
     the best of the knowledge, information, and belief of the 
     individual who signed it.
       ``(B) A copy of the notice, as presented for recordation, 
     has been sent to each of the following:
       ``(i) The owner of the vessel.
       ``(ii) Each person that recorded under section 31343(a) of 
     this title an unexpired notice of a claim of an undischarged 
     lien on the vessel.
       ``(iii) The mortgagee of each mortgage filed or recorded 
     under section 31321 of this title that is an undischarged 
     mortgage on the vessel.
       ``(2) A declaration under this subsection filed by a person 
     that is not an individual must be signed by the president, 
     member, partner, trustee, or other official authorized to 
     execute the declaration on behalf of the person.''.
       (D) By amending subsection (c) to read as follows:
       ``(c)(1) On full and final discharge of the indebtedness 
     that is the basis for a notice of claim of lien recorded 
     under subsection (b) of this section, the person having the 
     claim shall provide the Secretary with an acknowledged 
     certificate of discharge of the indebtedness. The Secretary 
     shall record the certificate.
       ``(2) The district courts of the United States shall have 
     jurisdiction over a civil action to declare that a vessel is 
     not subject to a lien claimed under subsection (b) of this 
     section, or that the vessel is not subject to the notice of 
     claim of lien, or both, regardless of the amount in 
     controversy or the citizenship of the parties. Venue in such 
     an action shall be in the district where the vessel is found, 
     or where the claimant resides, or where the notice of claim 
     of lien is recorded. The court may award costs and attorneys 
     fees to the prevailing party, unless the court finds that the 
     position of the other party was substantially justified or 
     other circumstances make an award of costs and attorneys fees 
     unjust.''.
       (E) By adding at the end the following:
       ``(e) A notice of claim of lien recorded under subsection 
     (b) of this section shall expire 3 years after the date 
     specified in the notice under subsection (b) of this section.
       ``(f) This section does not alter in any respect the law 
     pertaining to the establishment of a maritime lien, the 
     remedy provided by such a lien, or the defenses thereto, 
     including any defense under the doctrine of laches.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 313 of title 46, United States Code, is 
     amended by striking the item relating to section 31343 and 
     inserting the following:

``31343. Recording and discharging liens.''.

       (b) Notice Requirements.--Section 31325 of title 46, United 
     States Code, is amended as follows:
       (1) In subsection (d)(1)(B) by striking ``a notice of a 
     claim'' and inserting ``an unexpired notice of a claim''.
       (2) In subsection (f)(1) by striking ``a notice of a 
     claim'' and inserting ``an unexpired notice of a claim''.
       (c) Approval of Surrender of Documentation.--Section 12111 
     of title 46, United States Code, is amended by adding at the 
     end the following:
       ``(d)(1) The Secretary shall not refuse to approve the 
     surrender of the certificate of documentation for a vessel 
     solely on the basis that a notice of a claim of a lien on the 
     vessel has been recorded under section 31343(a) of this 
     title.
       ``(2) The Secretary may condition approval of the surrender 
     of the certificate of documentation for a vessel over 1,000 
     gross tons.''.
       (d) Technical Correction.--Section 9(c) of the Shipping 
     Act, 1916 (46 U.S.C. App. 808(c)) is amended in the matter 
     preceding paragraph (1) by striking ``Except'' and all that 
     follows ``12106(e) of title 46,'' and inserting ``Except as 
     provided in section 611 of the Merchant Marine Act, 1936 (46 
     App. U.S.C. 1181) and in sections 12106(e) and 31322(a)(1)(D) 
     of title 46,''.
       (e) Effective Date.--This section shall take effect July 1, 
     2002.

     SEC. 7. TONNAGE OF R/V DAVIDSON.

       (a) In General.--The Secretary of Transportation shall 
     prescribe a tonnage measurement as a small passenger vessel 
     as defined in section 2101 of title 46, United States Code, 
     for the vessel R/V DAVIDSON (United States official number 
     D1066485) for purposes of applying the optional regulatory 
     measurement under section 14305 of that title.
       (b) Application.--Subsection (a) shall apply only when the 
     vessel is operating in compliance with the requirements of 
     section 3301(8) of title 46, United States Code.

     SEC. 8. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.

       Notwithstanding section 27 of the Merchant Marine Act, 1920 
     (46 U.S.C. App. 883), section 8 of the Act of June 19, 1886 
     (24 Stat. 81, chapter 421; 46 U.S.C. App. 289), and sections 
     12106 and 12108 of title 46, United States Code, the 
     Secretary of Transportation may issue a certificate of 
     documentation with appropriate endorsement for employment in 
     the coastwise trade for the following vessels:
       (1) LOOKING GLASS (United States official number 925735).
       (2) YANKEE (United States official number 1076210).
       (3) LUCKY DOG of St. Petersburg, Florida (State of Florida 
     registration number FLZP7569E373).
       (4) ENTERPRIZE (United States official number 1077571).
       (5) M/V SANDPIPER (United States official number 1079439).
       (6) FRITHA (United States official number 1085943).
       (7) PUFFIN (United States official number 697029).
       (8) VICTORY OF BURNHAM (United States official number 
     663780).
       (9) R'ADVENTURE II (United States official number 905373).
       (10) ANTJA (State of Florida registration number FL3475MA).
       (11) SKIMMER, manufactured by Contour Yachts, Inc. (hull 
     identification number QHG34031D001).
       (12) TOKEENA (State of South Carolina registration number 
     SC 1602 BJ).
       (13) DOUBLE EAGLE2 (United States official number 1042549).
       (14) ENCOUNTER (United States official number 998174).
       (15) AJ (United States official number 599164).
       (16) BARGE 10 (United States official number 1101368).
       (17) NOT A SHOT (United States official number 911064).
       (18) PRIDE OF MANY (Canadian official number 811529).
       (19) AMAZING GRACE (United States official number 92769).
       (20) SHEWHO (United States official number 1104094).

[[Page 4115]]



     SEC. 9. EXEMPTION FOR VICTORY SHIPS.

       Section 3302(l)(1) of title 46, United States Code, is 
     amended by adding at the end the following:
       ``(D) The steamship SS Red Oak Victory (United States 
     official number 249410), owned by the Richmond Museum 
     Association, located in Richmond, California.''.
       ``(E) The SS American Victory (United States official 
     number 248005), owned by Victory Ship, Inc., of Tampa, 
     Florida.''.

     SEC. 10. CERTIFICATE OF DOCUMENTATION FOR 3 BARGES.

       (a) Documentation Certificate.--Notwithstanding section 
     12106 of title 46, United States Code, and section 27 of the 
     Merchant Marine Act, 1920 (46 App. U.S.C. 883), and subject 
     to subsection (c) of this section, the Secretary of 
     Transportation may issue a certificate of documentation with 
     an appropriate endorsement for employment in the coastwise 
     trade for each of the vessels listed in subsection (b).
       (b) Vessels Described.--The vessels referred to in 
     subsection (a) are the following:
       (1) The former Navy deck barge JIM, having a length of 110 
     feet and a width of 34 feet.
       (2) The former railroad car barge HUGH, having a length of 
     185 feet and a width of 34 feet.
       (3) The former railroad car barge TOMMY, having a length of 
     185 feet and a width of 34 feet.
       (c) Limitation on Operation.--A vessel issued a certificate 
     of documentation under this section may be used only as a 
     floating platform for launching fireworks, including 
     transportation of materials associated with that use.

     SEC. 11. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE.

       Notwithstanding section 27 of the Merchant Marine Act, 1920 
     (46 U.S.C. App. 883), chapter 121 of title 46, United States 
     Code, and section 1 of the Act of May 28, 1906 (46 U.S.C. 
     App. 292), the Secretary of Transportation shall issue a 
     certificate of documentation with appropriate endorsement for 
     employment in the coastwise trade for the vessel EAGLE (hull 
     number BK--1754, United States official number 1091389) if 
     the vessel is--
       (1) owned by a State, a political subdivision of a State, 
     or a public authority chartered by a State;
       (2) if chartered, chartered to a State, a political 
     subdivision of a State, or a public authority chartered by a 
     State;
       (3) operated only in conjunction with--
       (A) scour jet operations; or
       (B) dredging services adjacent to facilities owned by the 
     State, political subdivision, or public authority; and
       (4) externally identified clearly as a vessel of that 
     State, subdivision or authority.

     SEC. 12. WAIVER FOR VESSELS IN NEW WORLD CHALLENGE RACE.

       Notwithstanding section 8 of the Act of June 19, 1886 (46 
     App. U.S.C. 289), beginning on April 1, 2002, the 10 
     sailboats participating in the New World Challenge Race may 
     transport guests, who have not contributed consideration for 
     their passage, from and around the ports of San Francisco and 
     San Diego, California, before and during stops of that race. 
     This section shall have no force or effect beginning on the 
     earlier of--
       (1) 60 days after the last competing sailboat reaches the 
     end of that race in San Francisco, California; or
       (2) December 31, 2003.

     SEC. 13. VESSEL ASPHALT COMMANDER.

       Notwithstanding any other law or agreement with the United 
     States Government, the vessel ASPHALT COMMANDER (United 
     States official number 663105) may be transferred to or 
     placed under a foreign registry or sold to a person that is 
     not a citizen of the United States and transferred to or 
     placed under a foreign registry.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. LoBiondo) and the gentleman from Massachusetts (Mr. 
McGovern) each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. LoBiondo).
  Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of the Maritime Policy 
Improvement Act of 2001. The provisions in this bill were developed 
during the conference negotiations on the Coast Guard Authorization Act 
of 2000 but were not enacted because of unrelated matters.
  We are aware of no controversy surrounding this bill and hope that 
the Senate will send it to the President for his signature as soon as 
possible.
  The bill contains provisions to authorize an expansion of the 
American Merchant Marine Memorial Wall of Honor, to establish a new 
method for recording and discharging certain maritime liens, and to 
provide limited relief to certain vessel owners.
  Mr. Speaker, these men who braved enemy fire in all of our conflicts 
should be remembered for their actions to defend freedom and keep the 
supply lines open. Their sacrifices and battle should not be forgotten 
by a Nation that they served too well.
  Mr. Speaker, I am pleased to be a part of this effort, and I urge all 
Members to support this bill
  Mr. Speaker, I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of H.R. 1098, the 
Maritime Policy Improvement Act of 2001. Mr. Speaker, this is a 
noncontroversial bill that includes those maritime policy provisions 
that had been agreed to last year by the conferees on the Coast Guard 
Authorization Act of 2000.
  However, Mr. Speaker, as was mentioned, that bill was not reported 
from conference due to failure to agree to a Senate amendment 
concerning the types of damages that could be awarded for negligent 
deaths of passengers on board cruise ships. That provision is not 
included in this bill being considered today.
  H.R. 1098 will allow for the recording of maritime liens on all U.S. 
flag vessels, not just those with preferred mortgages recorded with the 
Secretary.
  It would clarify that the discharge of agricultural residues from 
cargo tanks in international waters is to be regulated under MARPOL 
Annex V.
  It would provide for the construction of an American Merchant Marine 
Wall of Honor to honor those in the U.S. merchant marine who served the 
United States in every conflict beginning with the Revolutionary War.
  It allows the Coast Guard to prescribe vessel safety operating 
standards for World War II victory ships that operate around San 
Francisco and Tampa.
  Mr. Speaker, passage of this bill will clear the slate for the 
committee of last year's issues related to Coast Guard and maritime 
policy. Then we can begin to look at the problems currently facing the 
Coast Guard and the U.S. maritime industry to help them in the years 
ahead.
  Mr. Speaker, I urge my colleagues to strongly support the passage of 
H.R. 1098, the Maritime Policy Improvement Act of 2001.
  Mr. Speaker, I yield back the balance of my time.
  Mr. LoBIONDO. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Horn).
  Mr. HORN. Mr. Speaker, I rise today in support of H.R. 1098, the 
Maritime Policy Improvement Act of 2001.
  I am particularly pleased that section 4 of this legislation 
incorporates a bill that I introduced from the 106th Congress. This 
section authorizes the Secretary of Transportation to make grants to 
the American Merchant Marine Veterans Memorial Committee to construct 
an addition to the American Merchant Marine Memorial Wall of Honor in 
San Pedro, California.
  Since 1775, the maritime community has played a critical role in 
gaining and preserving American freedom. The merchant marine served as 
our first navy and defeated the British navy in our fight for 
independence. We owe much to the brave mariners past and present who 
have served in the merchant marine.
  The American Merchant Marine Memorial Wall of Honor located in San 
Pedro, California, is a symbol of the debt we owe those who have served 
so bravely.
  Many of my colleagues will remember how the merchant marine secured 
its place in American history during the Second World War. During that 
conflict, the 250,000 men and women in the U.S. merchant marine fleet 
made enormous contributions to the eventual winning of the war, keeping 
the lifeline of freedom open to our troops overseas and to our allies. 
This fleet was truly the fourth arm of defense, as it was called by 
President Franklin D. Roosevelt and other military leaders.
  The members of the U.S. merchant marine faced danger from submarines, 
mines, armed raiders, destroyers, aircraft kamikazes and the elements. 
At least 6,800 mariners were killed at sea. More than 11,000 were 
wounded at sea. Of those injured, at least 1,100 later died from their 
wounds. More than 600 men and women were taken prisoner by

[[Page 4116]]

our enemies. In fact, 1 in 32 mariners serving abroad merchant ships in 
the Second World War died in the line of duty, suffering a greater 
percentage of war-related deaths than all other U.S. services.
  Since that time, the U.S. merchant marine has continued to serve our 
Nation, promoting freedom and meeting the high ideals of its past 
members. It is fitting to honor the past and present members of the 
United States merchant marine. That is why I introduced the 
legislation.
  I am delighted at the chairman and his very fine number of people 
that sit on that subcommittee that he heads, and I am very grateful for 
his honoring that.
  I thank Chairman Young, Chairman LoBiondo, and ranking member 
Oberstar. The relatives of those who served their country as men and 
women merchant mariners will deeply be appreciated. So will I and all 
citizens and people generally.
  Mr. LoBIONDO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. LoBiondo) that the House suspend the 
rules and pass the bill, H.R. 1098.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. LoBIONDO. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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