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[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.

                                  
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