I 

109TH CONGRESS 

2D SESSION H. R. 5413 

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

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2006 

Mr. SENSENBRENNER (for himself and Mr. CONYERS) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To make improvements in the codification of title 46, United 

States Code. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION. 1. PURPOSE. 

4 The purpose of this Act is to make improvements in 

5 the codification of title 46, United States Code, as enacted 

6 by H.R. 1442 (109th Congress), based on— 

7 (1) public comments submitted too late to be in8 corporated in the codification; and 

9 (2) amendments to laws, made after the cutoff 

10 date specified in section 18(a) of that bill, which 

11 were repealed and replaced by the codification. 


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

2 Section 30104 of title 46, United States Code, is 

3 amended by striking subsections (a) and (b) and inserting 

4 the following: 

5 ‘‘(a) CAUSE OF ACTION.—A seaman injured in the 

6 course of employment or, if the seaman dies from the in7 jury, the personal representative of the seaman may bring 

8 an action relying on the laws of the United States regu9 lating recovery for personal injury to, or death of, a rail10 way employee. Such an action may be maintained in admi11 ralty or, at the plaintiff’s election, as an action at law, 

12 with the right of trial by jury. 

13 ‘‘(b) VENUE.—When the plaintiff elects to maintain an 

14 action at law, venue shall be in the judicial district in 

15 which the employer resides or the employer’s principal of16 fice is located.’’. 

17 SEC. 3. AMENDMENTS TO CHAPTER 537. 

18 (1) Section 53701 of title 46, United States Code, is 

19 amended by— 

20 (A) redesignating paragraphs (2)–(13) as para21 graphs (3)–(14), respectively; 

22 (B) inserting after paragraph (1) the following: 

23 ‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ 

24 means the Administrator of the Maritime Adminis25 tration.’’; and 


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1 (C) amending paragraph (13) (as redesignated) to 

2 read as follows: 

3 ‘‘(13) SECRETARY.—The term ‘Secretary’ means 

4 the Secretary of Commerce with respect to fishing 

5 vessels and fishery facilities.’’. 

6 (2) Section 53706(c) of title 46, United States Code, 

7 is amended to read as follows: 

8 ‘‘(c) PRIORITIES FOR CERTAIN VESSELS.— 

9 ‘‘(1) VESSELS.—In guaranteeing or making a 

10 commitment to guarantee an obligation under this 

11 chapter, the Administrator shall give priority to— 

12 ‘‘(A) a vessel that is otherwise eligible for a 

13 guarantee and is constructed with assistance 

14 under subtitle D of the Maritime Security Act 

15 of 2003 (46 U.S.C. 53101 note); and 

16 ‘‘(B) after applying subparagraph (A), a ves17 sel that is otherwise eligible for a guarantee and 

18 that the Secretary of Defense determines— 

19 ‘‘(i) is suitable for service as a naval 

20 auxiliary in time of war or national emer21 gency; and 

22 ‘‘(ii) meets a shortfall in sealift capacity 

23 or capability. 

24 ‘‘(2) TIME FOR DETERMINATION.—The Secretary 

25 of Defense shall determine whether a vessel satisfies 


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1 paragraph (1)(B) not later than 30 days after re2 ceipt of a request from the Administrator for such 

3 a determination.’’. 

4 (3) Section 53707 of title 46, United States Code, is 

5 amended in— 

6 (A) subsections (a) and (d), by inserting ‘‘or Ad7 ministrator’’ after ‘‘Secretary’’ each place it appears; 

8 (B) subsection (b), by striking ‘‘Secretary of 

9 Transportation’’ and inserting ‘‘Administrator’’; 

10 (C) subsection (c), by striking ‘‘of Commerce’’; 

11 and 

12 (D) subsection (d)(2), by— 

13 (i) inserting ‘‘if the Secretary or Adminis14 trator considers necessary,’’ before ‘‘the waiv15 er’’; and 

16 (ii) striking ‘‘the increased’’ and inserting 

17 ‘‘any significant increase in’’. 

18 (4) Section 53708 of title 46, United States Code, is 

19 amended in— 

20 (A) subsection (a), by striking ‘‘Secretary’’ and 

21 ‘‘Secretary of Transportation’’ each place they ap22 pear in the heading and in text and inserting ‘‘Ad23 ministrator’’; 


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1 (B) subsections (b) and (c), by striking ‘‘of Com2 merce’’ each place it appears in a heading and in 

3 text; 

4 (C) subsection (d), by— 

5 (i) inserting ‘‘or Administrator’’ after ‘‘Sec6 retary’’ the first place it appears; and 

7 (ii) striking ‘‘financial structures, or other 

8 risk factors identified by the Secretary. Any 

9 independent analysis conducted under this sub10 section shall be performed by a party chosen by 

11 the Secretary.’’ and inserting ‘‘or financial 

12 structures. A third party independent analysis 

13 conducted under this subsection shall be per14 formed by a private sector expert in assessing 

15 such risk factors who is selected by the Sec16 retary or Administrator.’’; and 

17 (D) subsection (e), by— 

18 (i) inserting ‘‘or Administrator’’ after ‘‘Sec19 retary’’ the first place it appears; and 

20 (ii) striking ‘‘financial structures, or other 

21 risk factors identified by the Secretary’’ and in22 serting ‘‘or financial structures’’. 

23 (5) Section 53712(b) of title 46, United States Code, 

24 is amended by striking the last sentence and inserting ‘‘If 

25 the Secretary or Administrator has waived a requirement 


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1 under section 53707(d) of this title, the loan agreement 

2 shall include requirements for additional payments, collat3 eral, or equity contributions to meet the waived require4 ment upon the occurrence of verifiable conditions indi5 cating that the obligor’s financial condition enables the ob6 ligor to meet the waived requirement.’’. 

7 (6) Subsections (c) and (d) of section 53717 of title 46, 

8 United States Code, are amended by striking ‘‘of Com9 merce’’ each place it appears in a heading and in text. 

10 (7) Section 53732(e)(2) of title 46, United States Code, 

11 is amended by inserting ‘‘of Defense’’ after ‘‘Secretary’’ 

12 the second time it appears. 

13 (8) The following provisions of title 46, United States 

14 Code, are amended by striking ‘‘Secretary’’ and ‘‘Sec15 retary of Transportation’’ and inserting ‘‘Administrator’’: 

16 (A) Section 53710(b)(2)(A)(i). 

17 (B) Section 53717(b) each place it appears in a 

18 heading and in text. 

19 (C) Section 53718. 

20 (D) Section 53731 each place it appears, except 

21 when ‘‘Secretary’’ is followed by ‘‘of Energy’’. 

22 (E) Section 53732 each place it appears, except 

23 when ‘‘Secretary’’ is followed by ‘‘of the Treasury’’, 

24 ‘‘of State’’, or ‘‘of Defense’’. 

25 (F) Section 53733 each place it appears. 


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1 (9) Section 53710(b)(1) of title 46, United States Code, 

2 is amended by striking ‘‘Secretary’s’’ and inserting ‘‘Ad3 ministrator’s’’. 

4 (10) The following provisions of title 46, United States 

5 Code, are amended by inserting ‘‘or Administrator’’ after 

6 ‘‘Secretary’’ each place it appears in headings and text, 

7 except when ‘‘Secretary’’ is followed by ‘‘of Transpor8 tation’’ or ‘‘of the Treasury’’: 

9 (A) The items relating to sections 53722 and 

10 53723 in the table of sections at the beginning of 

11 chapter 537. 

12 (B) Sections 53701(1), (4), and (9) (as redesig13 nated by paragraph (1)(A)), 53702(a), 53703, 

14 53704, 53706(a)(3)(B)(iii), 53709(a)(1), (b)(1) and 

15 (2)(A), and (d), 53710(a) and (c), 53711, 53712 

16 (except the last place it appears, as amended by 

17 paragraph (5)), 53713 to 53716, 53721 to 53725, 

18 and 53734. 

19 (11) Sections 53715(d)(1), 53716(d)(3), 53721(c), 

20 53722(a)(1) and (b)(1)(B), and 53724(b) of title 46, 

21 United States Code, are amended by inserting ‘‘or Admin22 istrator’s’’ after ‘‘Secretary’s’’. 

23 SEC. 4. MISCELLANEOUS AMENDMENTS. 

24 Title 46, United States Code, is amended as follows: 


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1 (1) Chapters 513 and 515 are amended by strik2 ing ‘‘Naval Reserve’’ each place it appears in anal3 yses, headings, and text and inserting ‘‘Navy Re4 serve’’. 

5 (2) Section 51504(f) is amended to read as fol6 lows: 

7 ‘‘(f) FUEL COSTS.— 

8 ‘‘(1) IN GENERAL.—Subject to the availability of 

9 appropriations, the Secretary shall pay to each State 

10 maritime academy the costs of fuel used by a vessel 

11 provided under this section while used for training. 

12 ‘‘(2) MAXIMUM AMOUNTS.—The amount of the 

13 payment to a State maritime academy under para14 graph (1) may not exceed— 

15 ‘‘(A) $100,000 for fiscal year 2006; 

16 ‘‘(B) $200,000 for fiscal year 2007; and 

17 ‘‘(C) $300,000 for fiscal year 2008 and each 

18 fiscal year thereafter.’’ 

19 (3) Section 51505(b)(2)(B) is amended by strik20 ing ‘‘$200,000’’ and inserting ‘‘$300,000 for fiscal 

21 year 2006, $400,000 for fiscal year 2007, and 

22 $500,000 for fiscal year 2008 and each fiscal year 

23 thereafter’’. 

24 (4) Section 51701(a) is amended by inserting be25 fore the period at the end ‘‘and to perform functions 


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1 to assist the United States merchant marine, as de2 termined necessary by the Secretary’’. 

3 (5)(A) Section 51907 is amended to read as fol4 lows: 

5 ‘‘§ 51907. Provision of decorations, medals, and re6 placements 

7 ‘‘The Secretary of Transportation may provide— 

8 ‘‘(1) the decorations and medals authorized by 

9 this chapter and replacements for those decorations 

10 and medals; and 

11 ‘‘(2) replacements for decorations and medals 

12 issued under a prior law.’’. 

13 (B) In the table of sections of chapter 519, the 

14 item relating to section 51907 is amended to read 

15 as follows: 

‘‘51907. Provision of decorations, medals, and replacements.’’. 

16 (6)(A) The following new chapter is inserted after 

17 chapter 539: 

18 ‘‘CHAPTER 541—MISCELLANEOUS 

‘‘Sec. 

‘‘54101. Assistance for small shipyards and maritime communities.’’. 

19 (B) Section 3506 of the National Defense Author20 ization Act for Fiscal Year 2006 (46 App. U.S.C. 

21 1249) is transferred to and redesignated as section 

22 54101 of title 46, United States Code, to appear at 


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1 the end of chapter 541 of title 46, as enacted by 

2 subparagraph (A). 

3 (C) The heading of section 54101 is amended to 

4 read as follows: 

5 ‘‘§ 54101. Assistance for small shipyards and mari6 time communities’’. 

7 (D) The table of chapters at the beginning of sub8 title V is amended by inserting after the item relat9 ing to chapter 539 the following new item: 

‘‘541. Miscellaneous ............................................................................................. 54101’’. 

10 (7) Section 55101(b) is amended by— 

11 (A) inserting ‘‘or’’ after the semicolon at the 

12 end of paragraph (2); 

13 (B) striking paragraph (3); and 

14 (C) redesignating paragraph (4) as para15 graph (3). 

16 (8) Section 60301 is amended in— 

17 (A) subsection (a), by striking ‘‘2 cents per 

18 ton (but not more than a total of 10 cents per 

19 ton per year)’’ and inserting ‘‘4.5 cents per ton, 

20 not to exceed a total of 22.5 cents per ton per 

21 year, for fiscal years 2006 through 2010, and 

22 2 cents per ton, not to exceed a total of 10 

23 cents per ton per year, for each fiscal year 

24 thereafter,’’; and 


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1 (B) subsection (b), by striking ‘‘6 cents per 

2 ton (but not more than a total of 30 cents per 

3 ton per year)’’ and inserting ‘‘13.5 cents per 

4 ton, not to exceed a total of 67.5 cents per ton 

5 per year, for fiscal years 2006 through 2010, 

6 and 6 cents per ton, not to exceed a total of 30 

7 cents per ton per year, for each fiscal year 

8 thereafter,’’. 

9 SEC. 5. REPEALS. 

10 The following provisions are repealed, except with re11 spect to rights and duties that matured, penalties that 

12 were incurred, or proceedings that were begun before the 

13 date of enactment of this Act: 

Statutes at Large 

Date Public Law Section 

Statutes at Large 

U.S. Code 

Vol- (46 App.) ume Page 

1936 

June 29 858 1113 .......................................................... ........ ........................ 1279f 

1114 .......................................................... ........ ........................ 1279g 

2006 

Jan. 6 109–163 515(g)(2) .................................................. 119 3236 ............... 1131, 1295b, 

1295c 

3502 .......................................................... 119 3547 ............... 1295c 

3507(a)–(c)(3), (d) ................................... 119 3555, 3557 .... 1271–1280, 

1280b 

3509 .......................................................... 119 3557 ............... 1295e 

3510 .......................................................... 119 3557 ............... 2004 

Feb. 8 109–171 4001 .......................................................... 120 27 ................... 121, 132 

14 SEC. 6. EFFECTIVE DATE. 

15 This Act shall be effective only if H.R. 1442 in the 

16 109th Congress is enacted. If such bill is enacted, this Act 

17 shall be effective on the date of, and immediately after, 

18 enactment of such bill. 

Æ 


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