[House Report 108-775]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-775
======================================================================
MARITIME TRANSPORTATION AMENDMENTS OF 2004
_______
November 16, 2004.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 4251]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4251) to amend various laws
relating to maritime transportation, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
sec. 105. Restriction on procurement of response boat-medium vessels
with foreign manufactured engines.
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.
Sec. 211. Potable water.
Sec. 212. Interim authority for dry bulk cargo residue disposal.
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 ``on 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''.
SEC. 105. RESTRICTION ON PROCUREMENT OF RESPONSE BOAT-MEDIUM VESSELS
WITH FOREIGN MANUFACTURED ENGINES.
(a) In General.--Except as provided in subsection (b), the Coast
Guard may not procure a Response Boat-Medium vessel if--
(1) the engine is not manufactured in the United States; or
(2) substantially all of the components of the engine are not
produced or manufactured in the United States.
(b) Exception.--The Coast Guard may procure a vessel having an engine
that does not comply with subsection (a) if the Secretary of the
department in which the Coast Guard is operating determines that --
(1) the price of a vessel with an engine that complies with
subsection (a) is unreasonable; or
(2) emergency circumstances exist.
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. Firearms, arrests, and seizure of property.
``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.''.
SEC. 211. POTABLE WATER.
Section 3305(a) of title 46, United States Code, is amended--
(1) by redesignating paragraphs (4) and (5) in order as
paragraphs (5) and (6); and
(2) by inserting after paragraph (3) the following:
``(4) has an adequate supply of potable water for drinking
and washing by the passengers and crew;''.
SEC. 212. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DISPOSAL.
(a) Extension of Interim Authority.--The Secretary of the department
in which the Coast Guard is operating shall continue to implement and
enforce the notice to mariners entitled ``2004 Enforcement Policy for
Cargo Residues on the Great Lakes'' in accordance with such notice
until the earlier of--
(1) the date regulations are promulgated under subsection (b)
for the regulation of incidental discharges from vessels of dry
bulk cargo residue into the waters of the Great Lakes under the
jurisdiction of the United States; or
(2) September 30, 2006.
(b) Permanent Authority.--The Commandant of the Coast Guard may
promulgate regulations governing the discharge of dry bulk cargo
residue on the Great Lakes.
Purpose of the Legislation
H.R. 4251 amends existing legislative statutes that
authorize activities of the United States Coast Guard to
enhance the Service's ability to promote and protect marine
safety and security and for other purposes.
Background and Need for the Legislation
The United States Coast Guard was established on January
28, 1915, through the consolidation of the Revenue Cutter
Service (established in 1790) and the Lifesaving Service
(established in 1848). The Coast Guard later assumed the duties
of three other agencies: the Lighthouse Service (established in
1789), the Steamboat Inspection Service (established in 1838),
and the Bureau of Navigation (established in 1884).
The Coast Guard remained a part of the Department of the
Treasury until 1967, when it was transferred to the newly
created Department of Transportation. Under the Homeland
Security Act of 2002, Public Law 107-296, the Coast Guard moved
to the new Department of Homeland Security on March 1, 2003.
Under section 2 of title 14, United States Code, the Coast
Guard has primary responsibility to enforce or assist in the
enforcement of all applicable Federal laws on, under, and over
the high seas and waters subject to the jurisdiction of the
United States; to ensure safety of life and property at sea; to
protect the marine environment; to carry out domestic and
international icebreaking activities; and to ensure the safety
and security of vessels, ports, waterways, and related
facilities.
As the fifth armed force of the United States, the Coast
Guard also maintains defense readiness to operate as a
specialized service in the Navy upon the declaration of war or
when the President directs. The Coast Guard is composed of
approximately 40,000 active duty military personnel, 8,100
reservists, 6,100 civilian employees, and 37,000 volunteers of
the Coast Guard Auxiliary. The Coast Guard has defended the
Nation in every war since 1790. In fact, the Coast Guard
deployed assets to the Persian Gulf and Mediterranean region to
take part in the U.S. military's Operation Iraqi Freedom.
Summary of the Legislation
H.R. 4251 amends various existing legislative statutes that
authorize activities of the Coast Guard to enhance the
Service's authority to promote and protect marine safety and to
enforce port security regulations.
Sec. 101 increases the funding level available to be used
for Coast Guard contingent expenses to an amount of $50,000 per
fiscal year. These funds are used by the Service for
representational and reception purposes. The current authorized
level is $7,500 and has not been increased since being
established in 1949.
Sec. 102 clarifies language that outlines the maximum term
of service in active status for reserve rear admirals of the
Coast Guard to ensure that reserve officers may serve a full
four-year term at that position.
Sec. 103 increases the funding level available to be used
for Coast Guard confidential investigative expenses to an
amount of $45,000 per fiscal year. The current authorized
amount is $15,000 and has not been increased since being
established in 1974.
Sec. 104 reauthorizes seven advisory groups established
under the authority of the Federal Advisory Committee Act
(FACA) and extends the date of termination five years to
September 30, 2010. This section also adds a member to
represent recreational boating interests to the Houston-
Galveston Navigation Safety Advisory Committee.
Sec. 105 restricts the Coast Guard's ability to procure
Response Boat-Medium vessels unless those vessels are equipped
with engines manufactured in the United States or composed
substantially of components produced and manufactured in the
United States. This section also establishes circumstances
under which the Coast Guard may be excepted from these
restrictions.
Sec. 201 expressly authorizes members of the Coast Guard to
carry firearms and while at shoreside facilities make
warrantless arrests and seize property as provided by law. This
section also authorizes State and local officers to arrest
persons suspected of violating Federal security zone
regulations provided that States have already authorized those
officers to enforce Federal port security measures.
Sec. 202 established in rem liability for any vessel used
to violate regulations issued under the authorization of the
Maritime Transportation Security Act in order to recover
financial penalties assessed following such violations. Section
202 also authorizes the Captain of the Port to withhold
clearance of any vessel if the owner or operators are suspected
to be subject to a financial penalty resulting from violations
of port security violations. This section also allows clearance
to be granted upon the filing of a surety bond.
Sec. 203 authorizes the President to delegate authority to
the Secretary of the Department in which the Coast Guard is
operating to issue rules and regulations under the authority of
50 U.S.C. 191. 50 U.S.C. 191 allows for the emergency
regulation of vessels in time of national emergency.
Sec. 204 eliminates the requirement that the Coast Guard
notify in writing ship owners and operators of deficiencies
discovered during inspections and examinations and instruct the
appropriate person on the method that should be used to correct
those deficiencies. The new language will require prompt
corrections of any deficiency upon discovery.
Sec. 205 requires Federal agencies to submit results of
positive drug tests and verified test violations from civilian
and certain uniformed personnel employed aboard federally-
operated vessels to the Coast Guard.
Sec. 206 clarifies that the Coast Guard has the authority
to appeal final orders issued by the National Transportation
Safety Board (NTSB) regarding maritime cases.
Sec. 207 identifies towing vessels as a vessel class
required to be regularly inspected by the Coast Guard and
authorizes the Secretary of the Department in which the Coast
Guard is operating to establish a safety management system
appropriate for towing vessels.
Sec. 208 authorizes the Coast Guard to restore certificates
of documentation with appropriate endorsements for coastwise
trade to ten U.S.-built and operated barges owned by the
Westlake Chemical Corporation of Houston, Texas.
Sec. 209 conveys a decommissioned Coast Guard 44-foot Motor
Life Boat to the City of Luddington, Michigan and a 180-foot,
Balsam Class Coast Guard Vessel to the CAS Foundation, Inc., a
non-profit corporation in the State of Indiana, upon
decommission of such a vessel.
Sec. 210 authorizes the Coast Guard to settle claims
assessed for actions completed under the authority of the Oil
Pollution Act of 1990 (OPA) that total less than $500,000. This
section gives the Coast Guard the authority to settle at the
same level as the Environmental Protection Agency, the other
agency responsible for oil mitigation and recovery activities
under OPA.
Sec. 211 requires that vessels subject to inspection by the
Coast Guard have an adequate supply of potable water for
drinking and washing.
Sec. 212 extends the authority to dispose of non-hazardous,
non-toxic dry bulk residues while transiting on waters of the
Great Lakes for a period of two years or the date that
regulations are promulgated by the Secretary of the Department
in which the Coast Guard is operating regarding the disposal of
dry bulk cargo residue, whichever should occur earlier. This
section also grants the Secretary the authority to promulgate
permanent regulations governing the discharge of dry bulk cargo
residue.
Legislative History and Committee Consideration
H.R. 4251 was introduced on April 30, 2004 by the Honorable
Don Young, Chairman, Committee on Transportation and
Infrastructure with original co-sponsors Congressman Frank A.
LoBiondo, Chairman, Subcommittee on Coast Guard and Maritime
Transportation; Congressman James L. Oberstar, Ranking Member,
Committee on Transportation and Infrastructure; and Congressman
Bob Filner, Ranking Member, Subcommittee on Coast Guard and
Maritime Transportation.
The bill was referred to the Committee on Transportation
and Infrastructure. On May 6, 2004 the Subcommittee on Coast
Guard and Maritime Transportation held a legislative hearing on
H.R. 4251.
The bill was discharged from the Subcommittee and
considered during a mark-up session of the Full Committee on
May 12, 2004. At this markup, an amendment was offered by Mr.
Taylor of Mississippi to require the Coast Guard to fit all
Response Boat-Medium vessels with engines manufactured in the
United States. The amendment was adopted unanimously by voice
vote. An amendment was offered by Mr. Oberstar to add two new
sections to the end of Title II to require the availability of
potable water aboard all ships subject to inspection and to
extend the authority for vessels to dispose of non-toxic, non-
hazardous residues while transiting in the Great Lakes. The
amendment was adopted unanimously by voice vote.
H.R. 4251, as amended, was approved unanimously by voice
vote and was ordered favorably reported to the Committee of the
Whole House on the State of the Union.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. No
rollcall votes were ordered during the consideration of H.R.
4251.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, this
bill does not authorize any funding.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
4251 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 4, 2004.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4251, the Maritime
Transportation Amendments of 2004.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 4251--Maritime Transportation Amendments of 2004
Summary: H.R. 4251 would amend various laws that govern the
operations of the U.S. Coast Guard. Assuming appropriation of
the necessary amounts, CBO estimates that implementing the
proposed changes would cost $2 million in fiscal year 2005 and
a total of $64 million over the 2005-2009 period. Complying
with a provision that could restrict the Coast Guard's purchase
of certain foreign-built engines might increase the costs of
the agency's procurement program, but CBO has no basis for
estimating such costs. Finally, we estimate that enacting H.R.
4251 would reduce direct spending by increasing offsetting
receipts from inspection fees by $2 million a year, beginning
in fiscal year 2008. Enacting the bill would not affect
revenues.
This bill contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
H.R. 4251 would impose private-sector mandates on owners
and operators of certain vessels. Based on information provided
by government and industry representatives, CBO estimates that
the cost to comply with those mandates would not likely exceed
the annual threshold established by UMRA for private-sector
mandates ($120 million in 2004, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4251 is shown in the following table.
The cost of this legislation falls within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Spending for Coast Guard Inspections:
Estimated Authorization Level.................................. 2 4 4 25 25
Estimated Outlays.............................................. 2 4 4 25 25
Spending for Vessel Safety Advisory Groups:
Estimated Authorization Level.................................. 0 1 1 1 1
Estimated Outlays.............................................. 0 1 1 1 1
Total Changes \1\:
Estimated Authorization Level.................................. 2 5 5 26 26
Estimated Outlays.............................................. 2 5 5 26 26
CHANGES IN DIRECT SPENDING
Estimated Budget Authority......................................... 0 0 0 -2 -2
Estimated Outlays.................................................. 0 0 0 -2 -2
----------------------------------------------------------------------------------------------------------------
\1\ CBO estimates that the Coast Guard will spend about $85 million in 2004 to conduct vessel inspections and
about $1 million for advisory group expenses.
Basis of estimate: For this estimate, CBO assumes that H.R.
4251 will be enacted by the end of fiscal year 2004 and that
the amounts estimated to be necessary to promulgate and enforce
the proposed changes to the Coast Guard's inspection program
will be appropriated for each fiscal year. Outlay estimates are
based on spending patterns for Coast Guard regulatory programs.
Spending Subject to Appropriation
Vessel Safety Inspections. H.R. 4251 would make two
significant changes in the Coast Guard's vessel inspection
program. First, the bill would require that all commercial
vessels inspected by the Coast Guard carry potable water for
crew and passengers. In addition, the bill would expand the
inspection program to include all American-flag towing vessels.
Based on the historical experience of other Coast Guard
regulatory initiatives, CBO estimates that the agency would
spend $2 million in fiscal year 2005 and $4 million in each of
fiscal years 2006 and 2007 to implement these requirements. The
funds would be used to promulgate the standards and rules
needed to establish new regulations, develop a fee schedule for
new inspections, and hire, train, and equip new inspectors. We
estimate that carrying out the new inspections and enforcing
new potable water requirements would increase the cost of the
vessel inspection program by $25 million a year by 2008.
Buy-America Requirements for Certain Coast Guard Vessels.
The bill could prohibit the Coast Guard from acquiring response
boats-medium (a type of vessel used for search and rescue and
other agency activities) if they contain engines that are
manufactured outside of the United States. The prohibition
would not apply in emergencies or if the price of eligible
vessels is unreasonable.
CBO does not have sufficient data to estimate the cost of
complying with this provision. At present, the Coast Guard
plans to purchase about 180 of these vessels, but the agency
has not yet chosen a supplier or assessed the costs and
benefits of various proposals (two out of three of which use
American-made engines). In general, CBO expects that
restricting the sources of supply of vessels or other equipment
to those with American-made components could affect the Coast
Guard's procurement program and may increase the need for
future appropriations.
Advisory Groups. Section 104 would extend by five years the
life of seven committees or councils that advise the Coast
Guard on safety issues. CBO estimates that paying travel and
other expenses for members of these organizations would cost
the Coast Guard about $1 million a year over the 2006-2009
period (and an additional $1 million in 2010).
Direct Spending
Under current law, the Coast Guard is authorized to charge
fees for the inspection of commercial vessels. Based on
existing inspection fees, CBO estimates that the agency would
collect additional offsetting receipts of $2 million a year for
inspections of towing vessels once regulations to implement the
bill's requirements have been finalized. For this estimate we
assume that the new regulations would require inspections of up
to 5,500 boats every five years, with initial inspections to be
phased in over a three-year period, beginning in fiscal year
2008.
Estimated impact on state, local, and tribal governments:
H.R. 4251 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments.
Estimated impact on the private sector: H.R. 4251 would
impose private-sector mandates as defined in UMRA on certain
vessels. Based on information obtained from government and
industry representatives, CBO estimates that the aggregate cost
of private-sector mandates in the bill would fall below the
annual threshold established in UMRA ($120 million in 2004,
adjusted annually for inflation).
H.R. 4251 would require towing vessels to be subject to
inspection by the Coast Guard. Although those vessels are
subject to some federal regulations, the Coast Guard is not
required to inspect them. The Coast Guard also would likely
establish, by regulation, safety standards for towing vessels
that may expand the standards that the owners of those vessels
currently comply with voluntarily. In addition, the Coast Guard
would impose a fee on the towing vessels to cover the cost of
the inspection. CBO estimates the inspection fee would amount
to about $2 million annually.
The bill also would require those vessels that are subject
to Coast Guard inspection to have an adequate supply of potable
water for drinking and washing by the passengers and crew.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Marjorie Miller; and
Impact on the Private Sector: Selena Caldera.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, committee reports on a bill or joint
resolution of a public character shall include a statement
citing the specific powers granted to the Congress in the
Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 4251 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 14, UNITED STATES CODE
* * * * * * *
PART I--REGULAR COAST GUARD
* * * * * * *
CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS
* * * * * * *
Sec. 476. Contingent expenses
The Commandant may expend for contingencies of the Coast
Guard a sum not to exceed [$7,500] $50,000 in any one fiscal
year. [The Commandant may authorize the Superintendent of the
Academy to expend not to exceed $2,500 of this amount for
contingencies of the Academy.]
* * * * * * *
CHAPTER 17--ADMINISTRATION
* * * * * * *
Sec. 658. Confidential investigative expenses
Not more than [$15,000 per annum] $45,000 each fiscal year
appropriated for necessary expenses for the operation of the
Coast Guard shall be available for investigative expenses of a
confidential character, to be expended on the approval or
authority of the Commandant and payment to be made on his
certificate of necessity for confidential purposes, and his
determination shall be final and conclusive upon the accounting
officers of the Government.
* * * * * * *
PART II--COAST GUARD RESERVE AND AUXILIARY
* * * * * * *
CHAPTER 21--COAST GUARD RESERVE
* * * * * * *
SUBCHAPTER B
COMMISSIONED OFFICERS
* * * * * * *
Sec. 743. Rear admiral and rear admiral (lower half); maximum service
in grade
Unless retained in or removed from an active status under any
other law, a Reserve rear admiral or rear admiral (lower half)
shall be removed from an active status on the day that officer
completes four years [combined service in the grades of rear
admiral and rear admiral (lower half)] of service after the
appointment of the officer to rear admiral (lower half).
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
Subtitle II--Vessels and Seamen
* * * * * * *
Part B--Inspection and Regulations of Vessels
* * * * * * *
CHAPTER 33--INSPECTION GENERALLY
* * * * * * *
Sec. 3301. Vessels subject to inspection
The following categories of vessels are subject to inspection
under this part:
(1) * * *
* * * * * * *
(15) towing vessels.
* * * * * * *
Sec. 3305. Scope and standards of inspection
(a) The inspection process shall ensure that a vessel subject
to inspection--
(1) * * *
* * * * * * *
(4) has an adequate supply of potable water for
drinking and washing by the passengers and crew;
[(4)] (5) is in a condition to be operated with
safety to life and property; and
[(5)] (6) complies with applicable marine safety laws
and regulations.
* * * * * * *
Sec. 3306. Regulations
(a) * * *
* * * * * * *
(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. 3313. Compliance with certificate of inspection
(a) * * *
(b) When a vessel is not in compliance with its certificate
or fails to meet a standard prescribed by this part or a
regulation prescribed under this part--
(1) the owner, charterer, managing operator, agent,
master, or individual in charge shall [be ordered in
writing to correct the noted deficiencies promptly]
promptly correct any deficiencies;
* * * * * * *
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
Sec.
3701. Definitions.
* * * * * * *
[3712. Notification of noncompliance.]
3712. Notification of deficiencies.
* * * * * * *
[Sec. 3712. Notification of noncompliance
[The Secretary shall notify the owner, charterer, managing
operator, agent, master, or individual in charge of a vessel
found not to be in compliance with a regulation prescribed
under this part and state how compliance may be achieved.]
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.
* * * * * * *
CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
* * * * * * *
Sec. 4508. Commercial Fishing Industry Vessel Advisory Safety Committee
(a) * * *
* * * * * * *
(e)(1) The Federal Advisory Committee Act (5 App. U.S.C.)
applies to the Committee, except that the Committee terminates
on September 30, [2005] 2010.
* * * * * * *
Part E--Merchant Seamen Licenses, Certificates, and Documents
* * * * * * *
CHAPTER 77--SUSPENSION AND REVOCATION
Sec.
7701. General.
* * * * * * *
7706. Drug testing reporting.
* * * * * * *
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.
* * * * * * *
Part F--Manning of Vessels
* * * * * * *
CHAPTER 93--GREAT LAKES PILOTAGE
* * * * * * *
Sec. 9307. Great Lakes Pilotage Advisory Committee
(a) * * *
* * * * * * *
(f)(1) The Federal Advisory Committee Act (5 U.S.C. App.)
applies to the Committee, except that the Committee terminates
on September 30, [2005] 2010.
* * * * * * *
Part I--State Boating Safety Programs
CHAPTER 131--RECREATIONAL BOATING SAFETY
* * * * * * *
Sec. 13110. National Boating Safety Advisory Council
(a) * * *
* * * * * * *
(e) The Council shall terminate on September 30, [2005] 2010.
* * * * * * *
Subtitle VI--Miscellaneous
* * * * * * *
CHAPTER 701--PORT SECURITY
Sec.
70101. Definitions.
* * * * * * *
[70117. Civil penalty.]
70117. Penalties.
70118. Firearms, arrests, and seizure of property.
70119. Enforcement by State and local officers.
* * * * * * *
[Sec. 70117. Civil penalty]
Sec. 70117. Penalties
(a) In General.--Any person that violates this chapter or any
regulation under this chapter shall be liable to the United
States for a civil penalty of not more than $25,000 for each
violation.
(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.
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.
* * * * * * *
----------
COAST GUARD AUTHORIZATION ACT OF 1991
* * * * * * *
SEC. 18. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.
(a) * * *
(b) The Committee shall consist of [eighteen] 19 members, who
have particular expertise, knowledge, and experience regarding
the transportation, equipment, and techniques that are used to
ship cargo and to navigate vessels in the inshore and the
offshore waters of the Gulf of Mexico:
(1) * * *
* * * * * * *
(12) One member representing recreational boating
interests.
* * * * * * *
(h) The Committee shall terminate on September 30, [2005]
2010.
SEC. 19. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.
(a) * * *
* * * * * * *
(g) The Committee shall terminate on September 30, [2005]
2010.
* * * * * * *
----------
SECTION 5 OF THE INLAND NAVIGATIONAL RULES ACT OF 1980
Sec. 5. (a) * * *
* * * * * * *
(d) Unless extended by subsequent Act of Congress, the
Council shall terminate on [September 30, 2005] September 30,
2010.
----------
ACT OF OCTOBER 6, 1980
(Public Law 96-380)
AN ACT To establish a Towing Safety Advisory Committee in the
Department of Transportation.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a) *
* *
* * * * * * *
(e) Unless extended by subsequent Act of Congress, the
Committee shall terminate on [September 30, 2005] September 30,
2010.
* * * * * * *
----------
ACT OF JUNE 15, 1917
CHAP. 30.--AN ACT To punish acts of interference with the foreign
relations, the neutrality, and the foreign commerce of the United
States, to punish espionage, and better to enforce the criminal laws of
the United States, and for other purposes.
* * * * * * *
Title II.
VESSELS IN PORTS OF THE UNITED STATES.
Section 1. Whenever the President by proclamation or
Executive order declares a national emergency to exist by
reason of actual or threatened war, insurrection, or invasion,
or disturbance or threatened war, insurrection, or invasion, or
disturbance or threatened disturbance of the international
relations of the United States, or whenever the Attorney
General determines that an actual or anticipated mass migration
of aliens en route to, or arriving off the coast of, the United
States presents urgent circumstances requiring an immediate
Federal response, the Secretary of Treasury my make, subject to
the approval of the President, rules and regulations governing
the anchorage and movement of any vessel, foreign or domestic,
in the territorial waters of the United States, may inspect
such vessel at any time, place guards thereon, and, if
necessary in his opinion in order to secure such vessels from
damage or injury, or to prevent damage or injury to any harbor
or waters of the United States, or to secure the observance of
the rights and obligations of the United States, may take, by
and with the consent of the President, for such purposes, full
possession and control of such vessel and remove therefrom the
officers and crew thereof and all other persons not specially
authorized by him to go or remain on board thereof.
Whenever the President finds that the security of the United
States is endangered by reason of actual or threatened war, or
invasion, or insurrection, or subversive activity, or of
disturbances or threatened disturbances of the international
relations of the United States, the President is authorized to
institute such measures and issue such rules and regulations--
(a) * * *
* * * * * * *
Any appropriation available to any of the Executive Departments
shall be available to carry out the provisions of this title.
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. 2. (a) * * *
* * * * * * *
(c) Civil Penalty.--A person violating this [Act] title, or a
regulation prescribed under this [Act] title, shall be liable
to the United States Government for a civil penalty of not more
than $25,000 for each violation. Each day of a continuing
violation shall constitute a separate violation.
(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.
* * * * * * *
----------
SECTION 1153 OF TITLE 49, UNITED STATES CODE
Sec. 1153. Judicial review
(a) * * *
* * * * * * *
(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.
----------
SECTION 1015 OF THE OIL POLLUTION ACT OF 1990
SEC. 1015. SUBROGATION.
(a) * * *
* * * * * * *
(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.